Land Act of 1962 (Qld)

337 ®ueenslan~ I""",..!.,,_ uIT:;:~·~~e .) DAol1,~ ANNO UNDECIMO ELIZABETHAE SECUNDAE REGINAE ••••••••••••••••••••••••••••••••••••••••••••••••••• No. 42 of 1962 An Act to Consolidate and Amend the Law relating to the Alienation, Leasing and Occupation of Crown Land [ASSENTED TO 28TH DECEMBER, 1962] B E it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- PART !.-PRELIMINARY 1. (1) This Act may be cited as "The Land Act ofShort title 1962." (2) This Act shall come into operation on a date ~~:r"~~. to be fixed by the Governor in Council by Proclamation • published in the Gazette. 2. This Act, including every Proclamation, Order in Scverability Council, rule, regulation, or by-law hereunder, shall be read and construed so as not to exceed the legislative 12 "'Commenced I January 1963. (Proc. pubd. Gaz. 29 Dec. 1962, p. 1617.)

338 Land Act of 1962, No. 42 power of the State to the intent that where any enactment hereof or provision of any Proclamation, Order in Council, rule, regulation, or by-law hereunder would but for this section have been construed as being in excess of that power, it shall nevertheless be a valid enactment or provision to the extent to which it is not in excess of that power. Division or 3. This Act is divided into Parts and Divisions of Act Parts as follows :- PART !.-PRELIMINARY (ss. 1-5); PART 11.-ADMINISTRATION (ss. 6-48)-- Division /.-General Provisions (ss. 6-18); Division /1.-Land Administration Commission (ss. 19-23); Division lll.-Secretary, Commissioners and other Officers (ss. 24-25); Division IV.-The Commissioner's Court (ss. 26-29); Division V.-The Land Court (ss. 30-43); Division VI.-The Land Appeal Court (s. 44); Division V/1.-Appeals from the Land Appeal Court (ss. 45-48); PART III.-PASTORAL TENURES (ss. 49-80)- Division /.-Pastoral Leases (ss. 49-65); Division /1.-Stud Holdings (ss. 66-74); Division 1/1.-0ccupation Licenses (ss. 75-80); PART IV.-SELECTIONS (ss. 81-149)- Division /.-General Provisions (ss. 81-122); Division Il.-Agricultural Selections (ss. 123-129); Division l/1.-Settlement Farm Leases (s. 130); Division IV.-Grazing Selections (ss. 131-134);

Land A ct of 1962, No. 42 Division V.-Conversion of certain Selections to Freeholding or Perpetual Lease Tenure (ss. 135-147); Division VJ.-Conversion of Selection Tenures (ss. 148-149); PART V.-BRIGALOW LEASES (ss. 150-153); PART Vl.-SECURITY OF LEASEHOLD TENURE (ss. 154-169)- Dfrision /.-Renewal of Leases before Expiry (ss. 154-162); Division ll.-Late Lessee's right to receive offer of new Lease on expiration of Lease (ss. 163-168); Division [//.-Surrender of Leases by arrangement (s. 169); PART VIL-SALES BY AUCTION (ss. 170-197)- Division [.-Auction Sales in Fee-simple (ss. 170-179); Division ll.-Auction (ss. 180-190); Perpetual Leases Division 1/l.-Provision for the Freeholding of certain Perpetual Town Leases, Perpetual Suburban Leases and Perpetual Country Leases (ss. 191-197); PART VIIL-SPECIAL LEASES AND GRANTS (ss. 198-213)- Division /.-Special Leases (ss. 198-206); Division ll.-Conversion of Special Leases to Perpetual Lease Tenures or to Grants in Fee-simple (s. 207); Division lll.-Special Grants (ss. 208-213); 339

340 Land Act of 1962, No. 42 PART IX.-PROVISIONS RELATING TO THE DEVELOPMENT OF CROWN LAND AND LAND RECLAIMABLE FROM THE SEA (ss. 214-223)- Division /.-Development Leases (ss. 214-222); Division 1/.-Agreements for Development Leases (s. 223); PART X.-ANCILLARY PROVISIONS (ss. 224-333)- Division /.-Miscellaneous Provisions (ss. 224-235); Division 1/.-/mprovements made Predecessor (ss. 236-241); by Division /1/.-Rent (ss. 242-249); Division IV.-Destruction of Trees on Holdings, &c. (s. 250); Division V.-Destruction of Prickly-pear and other Noxious Plants (ss. 251-268); Division Vl.-Additional Areas (s. 269); Division VII.-Amalgamations, &c. (ss. 270-272); Subdivisions, Division Vl/1.-Subleases, Mortgages, Transfers and other Dealings (ss. 273-293); Division IX.-Partnership Agreements (s. 294); Division X.-Forfeiture, &c. (ss. 295-305); Division Xl.--Resumption and Compensation (ss. 306-321); Division XII.-Fencing Claims (ss. 322-323); Division XIII.-Communal Ring Fences (ss. 324-332); Division XIV.-Surrenders (s. 333); PART XL-GRANTS, RESERVES AND RESERVATIONS FOR PUBLIC PuRPOSES (ss. 334-361)- Division /.-Deeds of Grant in Trust and Reserves (s. 334); Division //.-Appointment, Duties and Powers of Trustees (ss. 335-351); Division 1/1.-Resumption of Surplus Land Granted in Trust (s. 352);

Land Act of 1962, No. 42 Division IV.-Winding up of Trusts (ss. 353-357); Division V.-Reservations in Deeds of Grant (ss. 358-361); PART XII.-ROADS (ss. 362-370)- Division !.-Dedication, Opening and Closure (ss. 362-369); Division II.-Power to Construct Roads (s. 370); PART XIII.-GENERAL (ss. 371-385)- Division !.-Miscellaneous (ss. 371-381); Provisions Division II.-Regulations, (ss. 382-385); Rules, &c. [The following abbreviations are used in the marginal notes to this Act:- 1910-" The Land Acts, 1910 ro 1962 "; 1927-" The Land Acts Amendment Act of 1927 "; 1929-" The Land Acts Amendment Act of 1929 "; I934-" The Land Acts Amendment Act of I934 "; 1952-" The Land Acts Amendment Act of 1952 "; 1957-" The Land Acts and Other Acts Amendment Act of 1957 ··; 1958-" The Land Acts and Other Acts Amendment Act (?/"1958 "; 1959-" The Land Acts and Other Acts Amendment Act ~{1959 "; 1959, No. 2-" The Land Acts and Other Acts Amendment Act of 1959, No. 2 "; 1962-" The Land Acts Amendment Act C?f 1962 "; 1925, Reg.-'" The Land Regulations of 1925 "; Reg.-A regulation under the repealed Acts made in the year or on the date related thereto in the margin.] 341 Repeals and Savings 4. (1) The Acts mentioned in the Schedule to Rel?eals aod this Act are repealed to the extent therein indicated. The savings said Acts are herein referred to as the •• repealed Acts." (2) All leases of land and road licenses granted or issued under the repealed Acts, and subsisting at the commencement of this Act, shall be deemed to have been granted or issued under the provisions of this Act relating to the tenure or class or mode of a class of tenure hereunder which is analogous thereto and shall in all respects continue in force and be held under and subject to this Act :

342 Land Act of 1962, No. 42 Provided that- (a) nothing in this Act shall extend or be deemed to extend the term of any subsisting lease which was granted under the repealed Acts for a term of years ; (b) the repeal of the repealed Acts shall not affect in any way the jurisdiction of the Court to hear and determine the matter of the annual rent of any subsisting lease for any rental period commenced before the commencement of this Act ; (c) the tenures of all subsisting prickly-pear development grazing homesteads, prickly-pear development grazing farms, development grazing homesteads, development grazing farms, perpetual lease prickly-pear selections and perpetual lease prickly-pear development selections held under the repealed Acts, shall be converted under the relevant provisions of Part IV. ; (d) every subsisting prickly-pear selection and prickly-pear development selection held pursuant to "The Land Acts, 1910 to 1962," and "The Prickly-pear Land Acts, 1923 to I959," shall, during the subsistence of the term of lease, continue to be subject to those Acts except as modified by this Act ; (e) every subsisting stud holding comprising land which was opened under the provisions of section 16A of "The Land Acts Amendment Act of 1927," and every subsisting forest grazing lease shall, during the subsistence of the term of lease, continue to be held upon the terms, conditions and stipulations to which the lease was subject under the repealed Acts ; ( f) notwithstanding the repeal thereof by this Act the repealed Acts shall be deemed to continue in force to the extent necessary to give oper~tion and effect to the provisions of this proviso. (3) (a) All applications for land made under the repealed Acts prior to and pending at the commencement of this Act shall be deemed to have been made under the analogous provisions of this Act.

Land Act of 1962, No. 42 (b) If at the commencement of this Act any person has been allotted priority of selection of any portion of land pursuant to the provisions of section fifty-five of "The Land Acts, 1910 to 1962," and the land has not been selected, such person's occupation and improvement of the land shall continue and the opening and selection of the land shall be effected subject to and in accordance with the relevant provisions of " The Land Acts, 1910 to 1962," as if such Acts had not been repealed, but any lease issued after the commencement of this Act to any such person, pursuant to the approval by the Court of an application by him, shall be issued under, subject to and in accordance with the analogous provisions of this Act for the class or mode of a class of selection specified in the opening notification. (c) Every application to select land approved by the Court before the commencement of this Act in respect whereof a license to occupy was not issued under the repealed Acts shall be deemed to be pending at the commencement of this Act and, where the selector has not made any payment required to be made by him for improvements on the land, the time within which this Act prescribes that such payment shall be made, shall commence to run on the date of the commencement of this Act. (4) In the case of any pastoral lease, settlement farm lease or grazing selection under the repealed Acts which expired prior to the commencement of this Act- (a) if the land or part of the land comprised therein is open for selection at the commencement of this Act with priority of application to the late lessee, the late lessee m~ ~ ~ ~ ili~ ~ hl~ ~ ~ ~ ~ applied for as if the relevant provisions of "The Land Acts, 1910 to 1962," had not been repealed, save that after approval of the application by the Court the lease shall be issued and held subject in all respects to this Act; (b) if the land comprised therein has not been dealt with by the Minister, the late lessee's right of priority of application pursuant to section seventy-two of" The Land Acts, 1910 to 1962," shall be deemed to be a right to 343

344 Land Act of 1962, No. 42 receive an offer of a new lease pursuant to Division II. of Part VI. and the lease shall be deemed to be an expired lease under this Act. In this subsection the term " late lessee " has the meaning assigned to it by Division II. of Part VI. (5) All Crown land held at the commencement of this Act under occupation license granted under the repealed Acts shall be deemed to be granted and held under the analogous provisions of this Act and shall in all respects be subject to this Act accordingly. (6) Any application pursuant to the provisions of section 175B of" The Land Acts, 1910 to 1962," received by the Minister before the date of the commencement of this Act and not dealt with by the Governor in Council, shall be deemed to be an application made pursuant to section two hundred and seven of this Act and shall proceed or continue to be dealt with accordingly. (7) Every sale of Crown land to which the provisions of sections one hundred and fifteen to one hundred and twenty, both inclusive, one hundred and seventy-five, 175A or one hundred and ninety-three of "The Land Acts, 1910 to 1962," applied and in respect whereof a deed of grant shall not have issued prior to the commencement of this Act shall be deemed to be a sale under the analogous provisions of this Act and shall in all respects be subject to this Act accordingly. (8) Every application made for conversion of tenure pursuant to the provisions of" The Land Acts and Other Acts Amendment Act of 1957," or "The Land Acts and Other Acts Amendment Act of 1959," and received by the Minister before the commencement of this Act, and which has not lapsed, shall be deemed to have been made under the analogous provisions of this Act and shall in all respects be subject to this Act. (9) Every application received by the Minister pursuant to section 128A of "The Land Acts, 1910 to 1962," and not referred to the Court. shall be referred to the Court and heard and determined or, if already referred to the Court but not heard and determined, shall be heard and determined in terms of the analogous provisions of this Act.

Land Act of 1962, No. 42 (10) Every application made under Part IX. of" The Land Acts and Other Acts Amendment Act of 1958," or under Part VIII. of" The Land Acts and Other Acts Amendment Act of 1959," and not dealt with, every notice in writing relating to an application under the said Part IX. or Part VIII., given by the Minister to a lessee in respect whereof the time prescribed for giving to the Minister a notice of election (or the extension, if any, of such time granted by the Minister) has not expired at the commencement of this Act, and every election relating to an application under the said Part IX. or Part VIII., made by a lessee within the period of three months immediately prior to the commencement of this Act, shall be deemed to be an application, notice or election, as the case may be, under the analogous provisions of this Act and shall be subject in all respects to the provisions of Division I. of Part VI. (11) Every application for a permit to destroy trees made under the repealed Acts and not dealt with at the commencement of this Act shall be deemed to have been made under the analogous provisions of this Act and every permit to destroy trees subsisting at the commencement of this Act shall be deemed to have been issued under and shall be subject in all respects to the provisions of Division IV. of Part X. (12) Every notice to destroy noxious plants or prickly-pear issued pursuant to any provision of the repealed Acts and in force at the commencement of this Act, shall be deemed to have issued under the provisions of Division V. of Part X. and those provisions shall apply accordingly. (13) (a) Subsisting leases granted by trustees and approved by the Minister pursuant to the provisions of subsection (2) of section one hundred and eighty-five of "The Land Acts, 1910 to 1962," shall be deemed to have been granted under the provisions of Division II. of Part . ~I. and shall in all respects be subject to those provisions : Provided that the term of any such lease granted for a period in excess of twenty years shall not be lessened solely in consequence of the maximum term provisions of this Act. 345

346 Land Act of l 962, No. 42 (b) Every mortgage or sublease of a lease of a reserve subsisting at the commencement of this Act, shall, subject to such mortgage or sublease having before the commencement of this Act been approved by the Minister, be deemed to be a mortgage or sublease, as the case may be, of such lease for all the purposes of this Act. (c) Every mortgage of a deed of grant in trust. approved by the Governor in Council prior to and subsisting at the commencement of this Act shall, unless the mortgagee, prior to issuing any process or taking any remedy against the trustees in default, elects to come under the provisions of section three hundred and fifty- one of this Act continue to be subject to the provisions of subsection (3) of section one hundred and eighty-five of" The Land Acts, 1910 to 1962," as if such subsection had not been repealed. (d) Every deed of grant in trust to which the provisions of the repealed Acts applied, subsisting at the commencement of this Act, shall be deemed to have been granted under the provisions of Part XI. and in all respects shall be subject to those provisions accordingly. (14) The repealed Acts shall, notwithstanding their repeal by this Act, be deemed to continue in force to the extent necessary to commence and finalise any procedure, matter, thing, hearing or payment of money not commenced, finalised or paid at the commencement of this Act in respect of a resumption of land made pursuant to any provision of the repealed Acts before the commencement of this Act. (15) (a) Subject to this Act, all Proclamations, Orders in Council, regulations, rules, and by-laws made, all notifications published, all appointments made, including appointments of trustees of lands granted in trust or of reserves, all forms promulgated, all registers kept, all districts, counties and parishes constituted, and

Land A ct of 1962, No. 42 347 all things lawfully 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 made, published, promulgated, kept, constituted or done under the analogous provisions of and for the purposes of this Act. (b) Every mortgage, charge, sublease, easement, agreement or order affecting a holding and registered under the repealed Acts and subsisting at the commencement of this Act, shall be deemed to be a mortgage, charge, sublease, easement, agreement or order, as the case may be, with respect to such holding for all the purposes of this Act, and shall have the same effect as if it had been registered under this Act. (c) The said repeal shall not affect the previous operation of the repealed Acts, or any acquisition of land, act, right, agreement, grant, or title validated or confirmed thereby, or anything duly done or suffered thereunder, or any pending inquiry, hearing, appeal, or other legal proceeding, but, subject to this Act, the same may proceed as if this Act had not been passed. (I 6) Nothing in this section shall be construed so as to limit the operation and effect of " The Acts Interpretation Acts, 1954 to 1962." 5. In this Act, unless the context otherwise indicates Interpreta- or requires, the following terms have the meanings set g~~ 0 °r/:tts against them respectively, that is to say :- ' " Agricultural Bank "-The Corporation of the Agricultural Agricultural Bank under and within the Bank meaning of " The Co-ordination of Rural Advances and Agricultural Bank Acts, 1938 to 1951 " ; " Commission "-The Commission, called the Commission Land Administration Commission preserved, continued in existence, and constituted by and under this Act ;

348 Commis- sioner Committee Contiguous Country land Court Crown land Cultivation Deed of Grant Departm1:nl Land Act of 1962, No. 42 " Commissioner "-The Land Commissioner for the district in which the land in question is situated : the term includes a Deputy Land Commissioner ; "Committee "-With reference to a mentally sick person, includes the Public Curator ; " Contiguous "-With reference to holdings, includes holdings which are only separated by a road or roads, or by a watercourse or other natural feature insufficient to prevent the passage of stock ; " Country land "-All Crown land which is not town land or suburban land ; " Court "-The Land Court preserved, continued in existence, and constituted by and under this Act; " Crown land "-All land in Queensland, except land which is, for the time being- (a) lawfully granted or contracted to be granted in fee-simple by the Crown ; or (b) reserved for or dedicated to public purposes ; or (c) 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 ; " Cultivation "-The actual breaking of the soil to prepare a seed bed followed by the planting or sowing of seeds or plants for a crop but not breaking the soil for the natural regeneration of indigenous grasses ; or the destruction and the resultant burning of scrub and the sowing of improved pasture species at the earliest practical time thereafter, although the soil may not have been broken; " Deed of grant "-Save in Division I. of Part II., includes a certificate of title ; " Department "-The Department of Public Lands, including any sub-department or branch thereof ;

Land A ct of 1962, No. 42 349 " Deestnrtui • rcetion d " e-sWtrucitt1h • ornefere b nyce teoxnti • orxpiaotui • osnp, lantosr, o D r e d st e r s u t c ro ti y on eradication, or otherwise and, with reference to trees or scrub, cutting down, felling, ringbarking, pushing over, poisoning, or destroying by any means whatsoever. " Destroy " shall have a correspondingly inclusive meaning ; " Developmental work " or " Work off ~~:~1~ork development "-Work in the nature o or Work of clearing of undergrowth and useless development vegetation, lawful destruction of trees. filling, reclamation and any other work which has the effect of increasing or maintaining the carrying capacity or productivity of land or making it suitable for habitation, but which is not an improvement as defined by this Act; " Division "-Division of a Part ; Division " District "-A district constituted, or deemed to District have been constituted, under this Act ; " District Land Office "-In relation to any District district or any land in any district, the office ~ ~ e of the Land Agent for such district ; " Full Court "-The Full Court of the Supreme Full Court Court of Queensland ; " Holding "-The land held from the Crown by Holding any lessee; " Improvements "-Any building, yard, fence, lmpr~ve- well, bore, reservoir, artificial watercourse or mcnts watering-place, apparatus for raising, holding or conveying water, garden, orchard, plantation, cultivation, 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. For all the purposes of this Act, and notwithstanding anything contained in " The Water Acts, 1926 to 1961," an artesian well or sub-artesian well, whether constructed before the commencement of that Act or

350 Land Agent Land Ranger Lessee Uvin1Arca Land Act of 1962, No. 42 constructed or enlarged, deepened, or altered pursuant to a license of fixed duration granted under that Act, shall be deemed to be an improvement upon the holding whereon it is situated ; " Land Agent "-The land agent for the district in which the land in question is situated : the term includes any officer for the time being performing any of the duties of the office of land agent ; "Land Ranger "-Includes an Assistant Land Ranger or Cadet Land Ranger ; " Lessee "-The holder under the Crown of a lease under this Act: the term includes a selector or, in the case of any tenure under this Act other than a selection, any person who, having complied with all requirements of this Act prescribed to be complied with by him before the issue of the lease, is awaiting the issue of the lease; "Living Area "-Such an area of land as having regard to the following matters- (a) the district in which the land is situated ; (b) the nature of the country, its potential for development, and distance from transport facilities and markets ; (c) whether the land concerned is best suited for pastoral, agricultural, dairying, orchard or mixed farming purposes, as the case may be; (d) occurrence of variable seasons, will be sufficient to enable a competent person to derive from the working of the land, according to the use for which the land is best suited, an income adequate to ensure a reasonable standard of living for himself, his wife and infant children, as well as to provide a reserve with which to meet adverse seasons and the cost of developing and maintaining the land at a high rate of production throughout average seasons ;

Land Act of 1962, No. 42 351 i~~ " Local Authority "-The term includes a joint 1 ·t local authority and Brisbane City Council ; u on Y " Marsupial-proof "-With reference to fencing, Ma1upial- of such character as to prevent the passage proo of dingoes and marsupials as defined respectively by " The Stock Routes and Rural Lands Protection Acts, 1944 to 1962 " ; " Minister "-The Minister for Public Lands and Minister Irrigation or other Minister for the time being charged with the administration of this Act : the term includes any Minister performing temporarily the duties of the Minister administering this Act ; "Nox( ciyocuasdaceoupslanptlsan" - tsP) r, icdkelsye- rpteapro ' i • son zabmusiha p N l o an xi t o s us (Gastrolobium grandiflorum), African box thorn (Lycium ferocissimum), bathurst burr (Xanthium spinosum), galvanised burr (Bassia birchii), noogoora burr (Xanthium pungens), crofton weed (Eupatorium Adenophorum), mint weed (Salvia reftexa), weir vine (lpomoea calobra), groundsel (Baccharis halimifolia), and any other plant which the Governor in Council, by notification published in the Gazette, declares to be a noxious plant for the purposes of this Act : the term includes the fruit, seeds, and any viable part of any such plant ; " Occupation license "-An occupation license <;>ccupation issued or deemed to be issued under Part III. ; hcense " Part "-Part of this Act ; Part " Pastoral lease "-A lease of land under and Pastoral subject to Divisions I. and II. of Part Ill.: the lease term includes a pastoral holding, preferential pastoral holding or pastoral development holding, the lease whereof was issued otherwise than pursuant to Part III.; " Pastoral lessee "-The lessee of a pastoral lease ; l P e a s s s 1 e o e rn1 "Prickly-pear "-Prickly-pears (Opuntia) and all Prkkly-pear other plants belonging to the plant family Cactace<E : the term includes the fruit, seeds and any viable part of any such plant ;

352 Public Curator Public purposes Quarter day Land Act of 1962, No. 42 " Public Curator "-The Public Curator of Queensland under and within the meaning of "The Public Curator Acts, 1915 to 1951" ; " Public purposes "-Any of the following objects or purposes, namely :- Abattoirs Aboriginal reserves Aerodromes Agricultural and horti- cultural societies Approaches Asylums and industrial homes Baths Bridges Buildings Camping-places Canals Cemeteries, mortuaries and burial places Charitable institutions Departmental and official purposes Drainage Easements and rights of way Educational institutions Electrical works Exhibition and show grounds Experimental farms Ferries, fords, and crossings Fire Brigades Forestry and forest products Grammar schools Health purposes Hospitals Landing grounds for air craft Libraries Local government func- tions or purposes Magazines Markets Memorials and memorial halls Museums Orphanages Parks, gardens, and recreation grounds Pasturage reserves Police purposes Port and harbour purposes Prisons and lock-ups Public halls Quarries, ballast grounds, and gravel pits Racecourses Railway purposes Roads and stock routes Scenic purposes Scientific purposes War memorials or soldiers' memorial halls State schools Stock control and health Stock holding paddocks Technical schools Townships Tramway purposes University and college purposes Watercourses Watering-places Wharves, jetties, slips, quays, and landing- places Works for obtaining, conserving, dis- tributing, or utilising water; "Quarter day "-The first day of January, the first day of April, the first day of July, and the first day of October respectively in any year ;

Land A ct of 1962, No. 42 353 " Rabbit-proof "-With reference to fencing, of Rabbit- such character as to prevent the passage of proof rabbits ; " Registered bailiff "-A person who being the R~g_istered bona fide manager, agent or bailiff of a lessee, bailiff executor or administrator of a deceased lessee, committee of the estate of a mentally sick lessee, the Public Curator when authorised to act under the provisions of Part IIIA. or Part IV. of " The Public Curator Acts, 1915 to 1957," mortgagee in possession, or trustee in bankruptcy (in this definition called " the appointer") and being qualified as prescribed to be thereunto appointed, has been appointed by the appointer to be his registered bailiff by an instrument of appointment signed by the appointer and made and registered as prescribed ; " Registrar "-The Registrar of the Land Court, Registrar including a deputy registrar of such Court ; " Registrar of Dealings "-The officer of the Reg~trar of Department charged with the duty of Dealings recording dealings affecting lands under this Act; " Registrar of Titles "-The term includes the R!=gistrar of Deputy Registrars of Titles for the Central Titles District and Northern District respectively under and within the meaning of" The Real Property (Local Registries) Act of 1887" ; " Reserve "-Includes any land which for the Reserve time being is reserved and set apart, or deemed to be reserved and set apart, under this Act for a public purpose ; " Road "-Any road, whether surveyed or Road unsurveyed, dedicated, or notified or declared in any manner howsoever to be a road for public use, and any road comprised of land taken, pursuant to any enactment, for the purpose of a road for public use. The term includes- (a) any road, street, esplanade, reserve for esplanade, parade, promenade, avenue, crescent, drive, lane, highway, pathway, footway, thoroughfare, track or stock route; and

354 Selection Selector Simul- taneous applications Stock route Land Act of 1962, No. 42 (b) any part of any road or any bridge, causeway, culvert or other works in, on, over or under any road or any part of any road within the meaning of this definition; " Selection "-In relation to any land, an application to select such land which, having been accepted by the Commissioner or the Committee of Review, has been approved by the Court : the term includes the land the subject of such an application and, where necessary, any land under agricultural selection, settlement farm lease or grazing selection tenure, held or deemed to be held under the provisions of this Act ; " Selector "-In relation to any land, the applicant to select such land, whose application having been accepted by the Commissioner or the Committee of Review and approved by the Court is, subject to this Act, entitled to a lease of the land. The term includes- (a) in the case of a deceased selector, his executor or administrator, or, if there is not a grant of probate or administration, the person entitled to entry of transmission of the selection in the records of the Department; (b) in the case of a mentally sick selector, the committee of his estate; (c) in the case of a bankrupt selector, his trustee in bankruptcy; " 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 ; " Stock route "-Any road or route ordinarily used for the purpose of travelling stock or declared under any Act or law to be a stock route ;

Land A ct of 1962, No. 42 355 "Suburban land "-All Crown land set apart Suburban (whether be1" ore, on or a. f ter the land commencement of this Act) as such ; "This Act "-Includes Proclamations, Orders in This Act Council, rules, regulations and notifications made, issued or given under this Act ; "Town land "-All Crown land set apart Town land (whether before, on or after the commencement of this Act) as such. PART lI.-ADMINISTRATION Division !.-General Provisions 6. (1) Subject to this Act, the Governor in Council prants and may, in the name of Her Majesty, grant in fee-simple, or<~~. s. 6) demise for a term of years or in perpetuity, or deal otherwise with any Crown land within Queensland. (2) The grant or lease shall be made subject to such reservations and conditions as are authorised or prescribed by this Act or any other Act, and shall be 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 land therein described for the estate or interest therein stated. (3) The rights of the Crown in gold and other minerals, helium and petroleum, and the reservations with respect to the same which are to be contained in all Crown grants and leases, are declared and prescribed in" The Mining on Private Land Acts, 1909 to 1956," and "The Petroleum Acts, 1923 to 1958." (4) In addition to any reservation authorised or prescribed 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, subject to the next following subsection, that all such reservations in all grants and leases made before the commencement of this Act are valid to all intents and purposes.

356 Land Act of 1962, No. 42 (5) On and from the commencement of this Act all lands which were granted by the Governor in Council, in the name of Her Majesty, in fee-simple subject to the reservation in favour of the Crown that :- " We do hereby reserve unto us, Our Heirs and Successors, all such parts and so much of the said land as may hereafter be required for making Public Ways, Canals, or Railroads, in, over, and through the same, to be set out by Our Governor for the time being of Our said Territory, or some person by him authorised in that respect ; and also, all Sand, Clay, Stone, Gravel, and indigenous Timber, and all other materials, the natural produce of the said land which may be required at any time or times hereafter for the construction and repair of any Public Ways, Bridges, Canals, and Railroads, or any Fences, Embankments, Dams, Sewers, or Drains necessary for the same, together with the right of taking and removing all such materials ; and we do hereby further reserve unto Us, our Heirs and Successors, the right of full and free ingress, egress, and regress, into, out of. and upon the said land, for the several purposes aforesaid," shall be and are hereby discharged from such reservation. The Registrar of Titles is hereby empowered to make any necessary entries or endorsements in the register books, as he deems fit, and to do and execute all such other acts, matters and things as he may deem necessary and proper to record the discharge from any deed of grant or certificate of title of such reservation. (6) The power under this Act of the Governor in Council, in the name of Her Majesty, to grant in fee-simple, or demise for a term of years or in perpetuity any Crown land within Queensland includes power to make such a grant or demise to the Commonwealth of any Crown land in Queensland acquired by the Commonwealth by agreement between the Common- wealth and the Governor in Council (who is hereby thereunto authorised) or between the Commonwealth and any person or authority thereunto authorised by any other Act of the Parliament of this State. Grant or lease may issue in name of deceased person (1910, s. 7) 7. In any case in which a person who is entitled, or if he had longer lived would have become entitled, to have a grant in fee-simple or a lease of Crown land issued to him dies before such grant or lease is actually issued, or before his right to have it issued has accrued, the Governor 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.

Land A ct of 1962, No. 42 357 Every grant or lease so issued shall be as valid as if the deceased person had been living at the time of its issue, and shall have the same effect, as between the several persons entitled to the land comprised therein, as if the deceased person had died immediately after its issue. have8a. g ( r 1 a ) n I t n m . an fi eye- csai . mseplien I,swshueicdh toa h p ' Iemrsoans tirsusetneteit, leodt h teor g Itrs r us a us n tee t e o to r than as a trustee of land granted in trust for a public (1961, s. 2) purpose, the Governor in Council shall not issue such grant until such person has deposited in the office in Brisbane of the Department an instrument, in duplicate, declaring the trusts upon which the land the subject of the grant shall be held by such person. Every such instrument shall be signed by such person, shall be attested by a witness, and shall refer to the description to be given in the grant of the land or shall give such other description as may be necessary to identify the land. (2) Upon the forwarding to the Registrar of Titles of the grant for entry of the duplicate thereof in the register book kept by him, pursuant to the provisions of "The Real Property Acts, 1861 to 1960," there shall also be forwarded to him both copies deposited in the office in Brisbane of the Department of the instrument declaring the trusts upon which the land the subject of the grant shall be held by the grantee. The Registrar of Titles shall have and may exercise with respect to such instrument the powers and authorities conferred upon him by section one hundred and twelve of "The Real Property Acts. 1861 to 1960," and may refuse to enter the duplicate of the grant in the aforesaid register book until the requirements of any requisition made by him under that section in respect of the instrument have been complied with to his satisfaction. The Registrar of Titles shall not make any entry of such trusts in the aforementioned register book but he shall retain in his office for safe custody and reference one copy of such instrument and he may make with respect to such instrument such memorial, entry or noting in or on the grant, including the duplicate thereof entered in the aforementioned register book, as he deems necessary or expedient for referring thereto.

358 Land Act of 1962, No. 42 Surrender and issue of fresh deed when road opened or closed, &c. (1910, s. 8) 9. (I) Whenever by reason of- (a) the opening or closing of a road through or adjoining any land held in fee-simple ; (b) a sale, pursuant to Division III. of Part VIII.; or (c) a sale, pursuant to section three hundred and fifty-nine of this Act, of the whole or part of a reservation, the description of the land as comprised in the subsisting instrument of title has ceased to be the appropriate description of the land to which, after such opening and closing or sale and any consequent alterations of boundary, the owner is entitled, the 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 comprising the land to which, after such opening or closing or sale the owner is entitled. In any fresh deed of grant issued by reason of the closure of a road, the Governor in Council may reserve the right to resume for public purposes an area equal to that comprised in the road so closed on payment of a sum per acre for the land resumed equal to that paid per acre for the land comprised in the closed road. When boundaries inaccurate (2) When it is found, upon resurvey of any portion of land held in fee-simple, that the measured lengths of the boundaries thereof do not agree with the lengths of the boundaries as described in the existing instrument of title, and where no doubt exists as to the boundaries of the land intended to be granted, or where the boundaries of the land have shifted or altered by reason of erosion or by gradual and imperceptible degrees, the owner of such portion may, with the approval of the Minister, 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 him. (3) When issuing any fresh deed of grant pursuant to this section, the Governor in Council may, if it appears appropriate so to do, amend or alter the description of the land contained therein. The Registrar of Titles shall thereupon cause to be made any necessary entries or endorsements in the register book concerned and do and execute all such other acts, matters and things as may be necessary and proper to record the fresh deed of grant.

Land Act of 1962, No. 42 359 (4) When land proposed to be surrendered under this ~ nd ~~ be section is not under "The Real Property Acts, 1861 to u~ ~ ~ ~ Real 1960," no fresh deed of grant shall be issued until after the t~perty provisions of that Act relating to the bringing of land c under that Act have been complied with. (5) The Registrar of Titles shall enter on the fresh Endo~- deed of grant any and every mortgage, charge, ~:t\n°g encumbrance, lease, easement or other transaction which ~ortgage, is entered on the surrendered instrument of title at the c. date of the surrender thereof and all notings made by him and appearing on such surrendered instrument at such date, save any such entry or noting duly cancelled prior to such date. Every such entry or noting shall be made without demand for or payment of any fee, anything in any Act to the contrary notwithstanding. (6) For the purposes of this section, " owner" Owner includes any person entitled to an estate of freehold in possession: Provided that, if any person is not absolutely entitled to the land, the fresh grant shall be to the same persons and for the same estates respectively as the persons and estates included in the surrendered instrument of title. 10. (1) No deed of grant whenever issued, and no Cor~tion instru_ment_ in which any particulars correspond with !hose ~~i~tion, contamed m the relevant deed of grant, shall be v01d by &c., in re~son <?nly of want of certain!y in any particulars, ruai:qbJent m1sdescr1pt1on of the land, or misnomer of the grantee instrument in the deed or by reason only that the person named 0 9io, s. 9 > in the deed as grantee is not entitled to the grant, or that the estate intended to be granted is erroneously stated in the deed, or that the grant is otherwise defective owing to error or omission in the preparation of the deed, in any case where the Governor in Council, by Order in Council, published in the Gazette, declares the matters intended to be corrected and the description, name, estate, or matter substituted or added. (2) Notice of intention to make such an Order in Council, stating the name of the grantee and of the party, if any, applying for the Order, and the pro_posed corrections or additions shall be published twice m the Gazette and in a newspaper circulating in the locality in which the land is situated, and the Order in Council shall not be made until at least thirty days after the completion of such publication.

360 Land A ct of 1962, No. 42 (3) For the purposes of this section, the Minister may, in his discretion, cause to be made, before a Judge of the Supreme Court, inquiry as to the interests of any person who may be affected or who represents that he will be affected by any proposed Order, and may refer accordingly any applicauon for such Order, and any claim in opposition thereto, for the report thereupon of such Judge at the cost of the party or parties ; and such Judge shall thereupon have power to summon and examine the parties and all witnesses where evidence is deemed necessary, and to report to the Minister upon the matter. (4) Every Order in Council under this section shall be registered in the office of the Registrar of Titles. (5) When an Order in Council has been made and registered under this section, every grant or instrument to which the Order relates shall operate and be construed as if it had been originally issued or executed as amended by the Order. (6) It shall be sufficient in any action or proceeding for the party relying on any Order in Council under this secuon to prove its registration without showing compliance with any other provision of this section. (7) Where subsequently to the making of an Order in Council under this section, the Crown issues a fresh deed of grant for the land in question or any part thereof, nothing in the Order in Council shall affect such fresh deed or any title to the land comprised therein or claimed thereunder. c W bor a ena i d v ci e hti r ooonff the b 1 re 1 a . chNoor ntiotlne-ptoerfloanrmd asnhcaello b f e anhyelcdonbdaidtiobyn croeanstoainneodf ( in 19 g 1 r 0 a , n s t . 10) iGnotvheerndoeredinofCgoruannctilo, f bsyuchnoltaifnidcaitnionanypucbalsisehwedheirne tthhee Gazette, declares that no proceedings will be at any time taken on behalf of the Crown for voiding the grant by reason of such breach or non-performance. Any such notification may be in general terms applying to all conditions, or may be limited to conditions of particular classes or a particular class of cases or a particular case only.

Land A ct of 1962, No. 42 361 12. (I) The land comprised in any deed of grant Descrip~ion may be described by means of a map or plan, stating ~ ~ ~ ~ d 10 such particulars as are necessary to sufficiently describe the land, and delineated upon the deed of grant. (2) Before the issue of any deed of grant of any Fe~s to be land, the proper deed fee and assurance fee shall be paid, f!~ ~fore and no such grant shall be issued until such fees are paid. grant (1910, s. 11) 13. (1) The land comprised in any lease may be Descrr •d·p~ion d escn "bed b y means o f a map or p 1 an, statm . g sue h oteasIaen m particulars as are necessary to sufficiently describe the (19to, s. 12> land, and delineated upon the instrument of lease. In any pastoral lease it shall be sufficient if the land comprised therein is defined according to the best description 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 imperfection of any such description if the land is defined in the lease with reasonable certainty. to co ( r 2 r ) ec I t f aantyanm. ysttriumme eint tboec f o l meaesse n b eyceresasasroyn ot h r aextp- edient C1 ea o s r e re s cting (a) the boundaries of the land intended to be demised are not set forth in such instrument with sufficient certainty ; (b) such instrument is defective owing to error or omission in the preparation thereof ; (c) from a survey of the land more accurate knowledge has been obtained ; (d) a determination has been made by the Court, pursuant to section thirty-nine of this Act, upon a dispute as to boundaries ; (e) the Governor in Council (who is hereby thereunto authorised) has approved of the mutual exchange, as agreed upon by the lessees of contiguous holdings, of areas respectively abutting upon a part of the boundary of such holdings which is common to both ; (f) the Governor in Council has approved of the inclusion in a holding of an area of adjoining Crown land ; or

362 Land Act of 1962, No. 42 (g) certain facts having arisen or appeared since the issue of such instrument, the Governor in Council deems a correction of such instrument necessary or expedient, the Governor in Council may by Order in Council declare the matters intended to be corrected and the description or matter substituted or added in such instrument. (3) Every such Order in Council shall be registered in the appropriate register kept in the Department. (4) When an Order has been made and registered under this section, every lease or instrument to which the Order relates shall, subject to any directions in that behalf contained in the Order, operate and be construed as if it had been originally issued or executed as amended by such Order. (5) It shall be sufficient in any action or proceeding for the party relying on an Order in Council under this section to prove its registration without showing compliance with any other provision of this section. O~gation to 14. (l) Subject to this Act the lessee of a holding rondi~~ns or or holder of a license under this Act shall perform all of the l li e c a e s n e s s e a s nd cboyndthiteionlesasoef othre lilceeansese oarrelicerenqseuirwehdictho bbye thpiesrfAorcmt eodr by him and for any failure so to do shall be liable to the prescribed penalty (if any) and the lease shall be liable to be forfeited or the license to be determined as prescribed. (2) (a) The Minister, with the approval of the Governor in Council and the consent of the lessee, may delete or vary or amend any developmental or improvement condition (including the condition of fencing or other improvement) of a lease, but (except as prescribed br paragraph (c) of this subsection) the Minister shal not make any such variation or amendment affecting the time within which any such condition of a lease is to be performed whether in whole or in part. (b) Any such deletion, variation or amendment of a condition of a lease shall be published in the Gazette and thereupon- (i) in the case of an amendment or variation the condition as amended or varied shall be binding upon the lessee as a condition of his lease;

Land Act of 1962, No. 42 363 (ii) the Registrar of Dealings shall cause a noting of the deletion, variation or amendment to be entered upon the instrument of lease and in the appropriate register kept in the Department. (c) The Minister, as he deems fit, may extend the time within which any developmental or improvement condition (including the condition of fencing or other improvement) of the lease or license may be performed, or with the consent of the licensee, may delete, vary or amend any developmental or improvement condition attached to the license. (3) Any- (a) forbearance by the Minister with respect to- (i) enforcing the due performance of any condition of the lease or license which by this Act or by the lease or license is required to be performed by the lessee or licensee; or (ii) taking action under Division X. of Part X. in respect of any breach of condition of the lease; or (b) extension of time to perform any developmental or improvement condition attached to a lease or license under this Act, shall not constitute a waiver of any such condition or in any way authorise, justify or excuse any non-performance by the lessee or licensee concerned of the same or any other condition of the lease or license. (4) In this section the expressions "lessee of a holding " and " holder of a license " respectively include any person who acquires the holding or license by transfer or devolution of law or under any testamentary instrument. 15. (1) A person under the age of eighteen years ~~i~u:hich shall not be qualified to apply for, acquire, hold or land may be purchase land under any tenure or to apply for, acquire or ap~i~~ for hold any license under the provisions of this Act. ff 9s;, s. 62) ms~~ (2) Notwithstanding any Act or rule or practice ~lings by of law, any person of the age of eighteen years but under No. 2, the age of twenty-one years may acquire, transfer, s. 19) mortgage or otherwise deal with any lease or license

364 Land Act of 1962, No. 42 under this Act or any interest therein to the same extent and as fully and effectually in law as if he were of the age of twenty-one years, and every transfer, mortgage, sublease, or document evidencing any other dealing with a lease or license under this Act, or any interest therein whereto such person is a party, shall be legally binding upon such person and enforceable by or against him accordingly. Dealings by 16. An alien shall not be qualified to apply for, aliens acquire, or hold land under any tenure under this Act, including under any license or under a demise, pursuant to section one hundred and seventy-six of this Act, unless he has first obtained a permit under "The Alien Acts, 1867 to 1958," entitling him to hold chattels real in Queensland. This section does not apply to an alien who purchases from the Crown any land made available for sale for an estate in fee-simple. cD p o a iu r s i tn s rt h iice e t s ss , , , to tim 1 e 7 , . b ( y 1) OTrdheer iGnoCveorunnocr iiln- Council may, from time town and suburban (a) constitute any ~art of the State as a district, land county or parish and give a name to such (1910, s. 13) district, county or parish ; (b) include in any district, county or parish any part of the State which is not included in any district, county or parish ; (c) abolish a district, county or parish and join such abolished district, county or parish, or any part thereof, to another district, county or parish ; (d) alter the boundaries of districts, counties or parishes by excluding from one any part thereof and including the part so excluded in another ; (e) alter the name of any district, county or parish. (2) The Governor in Council may, from time to time, by notification published in the Gazette, set apart any Crown land as town land or suburban land.

Land A ct of 1962, No. 42 365 18. The Governor in Council may, from time to Dectar!l 1 ion ti.me, by not1 "fl cati . on publ"1shed m. the G ,azette, dec 1 are any p o l f a n n o ts xious plant to be a noxious plant for the purposes of this 0 910, s. IJA) Act. Division 11.-Land Administration Commission 19. ( 1) This Act shall be administered by the ~n;:inistra- Minister and, subject to the Minister, by the Land tion .. Administration Commission • C (I o 9 m 59 m , i s s . s 7 io ) n (2) The Commission shall consist of a chairman who shall be designated the " Chief Commissioner of Lands ", and two other members. (3) Persons shall be appointed and hold office respectively as the Chief Commissioner of Lands and other members of the Land Administration Commission under, subject to and in accordance with "The Public Service Acts, 1922 to 1960," and shall be officers of the Department. (4) For the purposes of "The Public Service Acts, 1922 to 1960," the Chief Commissioner of Lands shall be the permanent head of the Department unless and until some other person is defined by the regulations under those Acts to be that permanent head. (5) The Land Administration Commission established under " The Land Acts and Other Acts Amendment Act of 1959," is hereby preserved, continued in existence, constituted under this Act, and shall be and remain the Land Administration Commission for all purposes of this Act. (6) The persons appointed and holding office respectively as the Chief Commissioner of Lands and other members of the Commission (including any person appointed to and holding any such office temporarily) immediately prior to the date of the commencement of this Act shall, without any further appointment or authority other than this section (but under, subject to and in accordance with "The Public Service Acts, 1922 to 1960 "), continue to hold (in terms of their appointments thereto respectively) their offices respectively as Chief Commissioner of Lands and members of the Land Administration Commission.

366 Land Act of 1962, No. 42 dPCuootwmieemsrsoisfasntihoden Adm 2 in 0 is . trSautibojnectComtmo issitohne shaMll inbiestecrh, argetdhewithLatnhde (1959, s. 9) proper and effective administration of Crown lands and of all laws relating thereto (save any such Jaws prescribed by this Act or some other Act to be administered by some other person or authority) and shall control, manage, supervise and carry on the administration of the Department and in particular shall from time to time- (a) advise the Minister on matters pertaining to the administration of Crown lands and make to him such recommendations and reports respecting such matters as the Minister may require or as the Commission deems necessary or expedient ; (b) make such inquiries and investigations pertaining to the administration of Crown lands as the Minister may direct or as the Commission deems necessary or expedient ; (c) do, exercise and perform other functions, powers and duties as required, from time to time, by the Governor in Council. iiPnnoqvwueeisrrtysipotaifnodn the C2o1m. mFoisrsitohne paunrdpoesaecohf aannyd ineqvueriyry moreminbveerstitghaetrioeno,f s (1 . 9 9 5 ( 9 2 , )) suhnadlel rhaavned awndithminaytheexemrceisaenitnhge opfow" e T r h s e of C a om C m om iss m io i n ss s io o n f Inquiry Acts, 1950 to 1954," save the provisions thereof which are thereby expressed to be limited in their application to a Judge of the Supreme Court. !ef~t~e:d 22. References in any Act or law to the Land Adminisrra- Administration Board shall be taken to refer to the Land ( ti 1 o 9 n 59 B , o s. ar 1 d 0) Administration Commission. Po_w~rs of 23. (1) Whenever under any provision of this Act ~~~~;;.~/i~d or of any other Act relating to the administration of Council Crown lands, the Minister is empowered or required < 1959, s. 11 > to exercise or discharge any power, authority, function or duty, the same may be exercised or discharged by him after giving due consideration to the recommendation of the Commission, and any such provision shaU be construed accordingly. (2) If the Minister does not approve of any report or recommendation of the Commission he may remit it to the Commission for reconsideration.

Land Act of 1962, No. 42 367 (3) In considering and dealing with any matter which is the subject of a report or recommendation by the Commission, the Minister may act in accordance therewith or may take such other action as he or the Governor in Council considers to be proper in the public interests. (4) (a) The Minister may from time to time, in :~:!tftn relation to any matters or class of matters, by instrument in writing under his hand delegate all or any of his powers, authorities and functions under this Act as may be specified in the instrument (other than this power of delegation) to the Commission, any member thereof or other officer of the Department so that any delegated power, authority or function may be exercised or, as the case may be, shall be performed by the delegate with respect to the matters or class of matters specified in the instrument. (b) The Minister may subject any such delegation to such conditions or limitations as he deems fit. (c) Where, by or under this Act, the exercise of a power, authority or function of the Minister is dependent upon the opinion, belief, or state of mind of the Minister, in relation to any matter, that power, authority or function may be exercised upon the opinion, belief, or state of mind of the Commission, or the member thereof or other officer of the Department to whom it is delegated by an instrument of delegation under this section. (d) The Minister may, at his will, revoke a delegation made by him under this section. (e) No delegation shall prevent the exercise of any power, authority or function by the Minister. Division //1.-Secretary, Commissioners and other Officers 24. ( 1) The Governor in Council may, from time to App~int time appoint a Secretary of the Commission, and such ~t~ry. L D aenpdutyComLamnidssioCnoemrsm, i . Asssi . osinsetarsn, t LLaanndd CAogmemntiss,sioLnaenrsd, a f c f n ~ ll d f S l S '! o l - O th D e er r s cRaarnrgy_ienrgs thai~sdAcott~metro oeffffieccetr;s aansd mmaayy abses_ignnecaeds~isatrr~ictfoorr (t~~~r · s 5_ 14 > districts to any Commissioner or Land Agent.

368 Land Act of 1962, No. 42 Officers holding land under Act (2) (a) Any Commissioner or other officer of the Department or any person holding, either alone or in conjunction with any other office, any office referred to in subsection (1) of this section, shall not be eligible to bid or apply for any land offered for sale, or open for lease or selection under this Act, nor, except by devolution of law or testamentary instrument, shall he acquire any interest, either directly or indirectly, in any holding unless he shall have first obtained the written permission of the Minister. (b) Any land, or interest therein, acquired by any person in contravention of paragraph (a) of this subsection shall be deemed to have been acquired by evasion of this Act. Duties oi Commis- sioners and other officers (3) The Minister, the Chief Commissioner of Lands, any other member of the Commission, or any Commissioner, Assistant Commissioner or Land Ranger may and shall do, on behalf of the Crown, in respect of any Crown land or any reserve, all necessary acts for preventing intrusion, encroachment or trespass, and may, with such assistants, vehicles and horses as he deems necessary, enter upon any holding, or any land comprised in a license issued under this Act, or being purchased under this Act and make any inspection or examination of the same, and may do all necessary acts for recovering any rent or other sum payable in respect thereof, or for taking and recovering possession of any land in case of forfeiture, determination of the license, or cancellation of the sale. Right of entry by authorised persons (4) The Minister or any member of the Commission, or any person thereunto authorised by the Minister or the Commission sha11 have the right at all times to go upon any land, including any freehold land, with such assistants, vehicles and horses as may be specified in the authority, and to make any inspection or examination of the same. Auctioneer's (5) A Commissioner or a Land Agent, or any other ~~i:!:ci 0 t person authorised by the Minister, may hold any auction under this Act without holding an auctioneer's license. Presumption (6) In all matters in relation to this Act or any other of auth0rity Act for the time being administered by the Department and in any proceeding under this Act or any such other Act, the authority of the Chief Commissioner of Lands,

Land Act of 1962, No. 42 369 or any other officer of the Department to do any act or to institute, carry on, or prosecute any proceeding shall be presumed until the contrary is shown. Er~ Act ( b 7 y ) aAnnyy orfefipcoerrt offurtnhieshDedepfaorrtmtehnet, puarnpdospeusrpoofrttihnigs O repo to be made while such officer was acting in the discharge of his duty, shall be received in evidence in any court or tribunal acting judicially without proof of such officer's authority to make such report, and shall be prima f acie evidence of all the facts therein stated which are relevant to the matters then being heard and determined by such court or tribunal. (8) All documents whatever purporting to be issued ~~ts or written by or under the direction of the Minister or the to be :!~~ Commission, or any member or the secretary thereof, in or a Commissioner, and purporting to be signed by him, shall be received in evidence in any court or tribunal acting judicially, and shall be deemed to be issued or written by or under his or its direction until the contrary is proved. In this subsection the expression "documents" includes all orders, directions and notices. (9) In any proceeding, the production of any map or Maps, &c. plan purporting to be issued or published by any Department of the Government, or any officer thereof, shall be sufficient evidence of the matters stated or delineated thereon until the contrary is proved. (10) No matter or thing done in good faith and~:: without negligence- &c., from' ( a ) by the M1. m•ster or any person acti•ng w1 'th l p i e a r b s i o li n ty al the authority of the Minister or by the Commission or any member or the secretary thereof; or (b) by any other officer of the Department, or any other person, for the purpose of executing this Act or in the execution of his powers, authorities or functions, or the discharge of his duties under this Act, shall subject the Crown, the Minister, the person acting with the authority of the Minister, the Commission or any member or the secretary thereof, or the other officer of the Department or other person in question to any liability in respect thereof. 1:1

370 Land Act of 1962, No. 42 Notice of action 2 5. An action shall not be brought against the (1910, s. 15) Crown or, unless brought on behalf of the Crown, against any member of the Commission, Commissioner, Assistant Commissioner, Land Agent, Land Ranger or other officer acting under this Act, or person acting in his aid, for any thing done or intended or omitted to be done under this Act, until the expiration of one month after notice in writing has been served,- (a) in the case of the Crown, on the Minister; or (b) on the officer or person concerned, clearly stating the cause of action, and the name and place of abode of the intended plaintiff and of his solicitor or agent. On the trial of such action the plaintiff shall not be permitted 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 before which the action is brought shall find for the defendant. The Crown or the officer or person concerned may tender amends to the plaintiff, his solicitor, or agent, and. in case the same is not accepted, may plead such tender. The plaintiff in such action shall not recover 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 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.

Land A ct of 1962, No. 42 371 Division IV.-The Commissioner's Court 26. The Commissioner shall once at least in each~~:~!~ month, on a day to be notified in the Gazette, hold an hold a open court, to be called the Commissioner's Court, at ~ ~ ~ ~ ~ hly which- (1910, s. 16) (a) all applications to lease land under pastoral lease, or to obtain an occupation license, or to select land as a selection pursuant to the open method of application shall be considered and rejected or accepted or refused or otherwise dealt with; and (b) all inquiries shall be held, and all matters which by this Act or any other Act are declared to be within the cognisance of the Commissioner shall be dealt with, if such inquiries and matters are required to be held and dealt with in open court. :=dings 27. (I) The Commissioner shall have power- cf:~ (a) torai_ siendquairte ainnytosuacnhd cdoeutretrmbiynehi_mansyelfquoerstaionyn · s. 17 > other person, and to inquire into any objection made, either on public or private grounds ; (h) 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 Justices Acts, 1886 to 1960 "; (c) to take evidence on oath, affirmation, affidavit, or declaration ;

372 Land Act of 1962, No. 42 (d) to take evidence of his own motion if he thinks fit; (e) to adjourn the proceedings. (2) Any party to any matter 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 expenses by the party requiring his attendance. (4) The Commissioner's decision on every matter heard in such court shall be pronounced in open court. Inter- 28. Any person who wilfully insults a r p u r p o t c in ee g dinp Commissioner sitting in court, or wilfully interrupts the of such proceedings of or otherwise misbehaves himself in such ( c 1 o 9 u 1 r 0 t , s. 18) court, may be excluded from the court by order of the Commissioner, and shall, whether he is so excluded or not, be liable to a fine to be imposed by the Commissioner not exceeding twenty pounds, and in default of immediate payment shall be liable to be imprisoned by order of the Commissioner 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 member of the Police Force by order of the Commissioner, and called upon to show cause why he should not be fined or otherwise dealt with under this section. =~rom 29. (I) Subject to this Act, every decision of a sioner's Commissioner pronounced in open court shall be final, decision unless written notice of appeal to the Court from the < 1910, s. 19 > decision is delivered at the office of the Commissioner within fourteen days after the pronouncing of his decision, or within such further time, not exceeding twenty-eight days, as the Court may allow. (2) The appellant shall within the period of fourteen days aforesaid, or such further time as the Court may have allowed for the making of an appeal, also serve a copy of the notice upon the Registrar and all persons directly affected by the decision.

Land Act of 1962, No. 42 373 (3) Every notice of appeal from the decision of a Commissioner shall state concisely the grounds on which the appellant intends to rely. (4) The Minister shall cause the record of proceedings in the Commissioner's Court to be lodged m the office of the Registrar within fourteen days of the lodgment of the notice of appeal. (5) On the hearing of any such appeal the Court shall consider and may confirm, with or without variation, or may reverse the Commissioner's decision. (6) A decision of the Commissioner accepting an Decisi~ns application to select land shall not be subject to appeal to !:f!u~ns ~::c;~ tthoe t h Ceou C rot, urbtu. t every such application shall be referred s 1 t a ° u n b sc j d e I a c e r t c c t to If the Court approves the application the by Commissionees decision shall be final. If the Court refuses the applicatie,n the Commissioner's decision shall be thereby set aside. The Court shall not refuse any such application without giving the applicant notice and hearing him in open court if he desu-es to be heard. The decision refusing any such application shall be pronounced in open court. (7) When the decision of the Commissioner ~inor .. accepting an application for land under any tenure under ~~!antics this Act has been determined by lot as prescribed, the invalidate Court shall not refuse the application or reverse the ballots Commissioner's decision on the grounds of- (a) the inclusion in the ballot of any unqualified applicant who was not the successful applicant; or (b) the exclusion, from the ballot of a qualified applicant; or (c) any irregularity in the form of any unsuccessful application for the same land or in the mode of lodging such unsuccessful application with the Land Agent, if the Court is satisfied that the Commissioner acted in good faith and in a reasonable manner in the circumstances known to him at the time.

374 Land Act of 1962, No. 42 Division V.-The Land Court ( L 1 a 9 n 1 d 0, C s. ou 2 r 0 t ) Cour 3 t 0 is . ( h1e)reFboyr ptrheeserpvuerdp, ocsoesntionfuetdhisin Aexcitstethnece,Laanndd constituted under this Act. The Court shall consist of not more than si.x members, appointed from time to time by the Governor in Council by commission in Her Majesty's name. President (2) Subject to th.is subsection, the Governor in Council may also from time to time designate one of such members as President of the Land Court, and in that event such designation shall be indicated on the commission of appointment of such member. A member shall not be designated as President of the Land Court unless he is a barrister or solicitor of the Supreme Court of Queensland of not less than five years standing. Existing members (3) The members of the Court in office at the commencement of this Act shall, subject to the provisions of sections thirty-two and thirty-three of this Act, continue to hold such offices pursuant to their appointments thereto respectively (and in the case of the President of the Land Court his designation as such) under the repealed Acts. Dofismabeimlibtieerss being( 4) mTemhebemrsemobferthseofLthegeiCslaotuivrteshAaslslenmobt lbye, caanpdabslehaollf not act as directors or auditors or in any other capacity take part in the management of any bank, corporation, trade or business, or acquire any interest in any land held under lease or license under this Act. StmhaeelmaLrbiaeensrdsofof desig 3 n 1 at . ed( 1a) sTPhreesisdaelnartyofotfhethLeanmdeCmobuerrt sohfaltlhbee Catotuhret Coun rate of five thousand pounds per annum. (1910, s. 21) (2) The salaries of the members of the Court (other than the member designated as President of the Land Court) shall be at the rate of four thousand five hundred pounds per annum.

Land Act of 1962, No. 42 375 (3) All such salaries shall be a charge upon and paid out ofConsolidated Revenue which is hereby appropriated accordingly. (4) The provisions of " The Judges' Pensions Act of Apelication 1957" shall with and subject to all necessary adaptations J:m,;;e app ly to- Pensions Act of 1957" (a) the President of the Land Court continued in that office by this Act ; and (b) every member of the Court designated as President of the Land Court at any time after the commencement of this Act who is not a contributor to the Public Service Superannuation Fund immediately prior to the date of the issue of his commission of appointment on which such designation is indicated, and to his widow after his death in the same manner as they apply to a Judge of the Supreme Court appointed to office after the coming into force of that Act and to his widow, and for this purpose that Act shall be read and construed as though the words " President of the Land Court " were substituted for the word " Judge " wherever it occurs therein. (5) (a) Section three of "The Supreme Court Acts ~ea"'.d of Amendment Act of 1944" as limited by section fifteen resi ent of " The Judges' Pensions Act of 1957 " shall apply to a President of the Land Court to whom the provisions of " The Judges' Pensions Act of 1957 " apply in the same manner as it would apply to a Judge of the Supreme Court appointed to office after the date of the passing of •• The Judges' Pensions Act of 1957." (b) The provisions of section three of" The Supreme ~v~r Court Acts Amendment Act of 1944 " shall apply to em rs members of the Land Court other than a President thereof to whom the provisions of " The Judges' Pensions Act of 1957" apply, as and from the date of the commencement of their commissions respectively, and for this purpose that section shall be read and construed as though the words " Member of the Land Court " or " Member " were substituted for the words " Judge of the Supreme Court " or " Judge " as the case may be.

376 Land Act of 1962, No. 42 !:cure F' 3 2. Every member of the Court shall be appointed memi!s new for a term offifteen years and, subject to this Act, shall be (1910, s. 22) eligible for re-appointment, but no such re-appointment shall be for a term exceeding fifteen years : Provided that every member shall retire from office upon attaining the age of seventy years, notwithstanding that he has not then remained in office for the term then current of his appointment. Removal 33. A member of the Court shall not be removed :~8:; from office except by the Governor in Council on an (1910, s. 23) address from the Legislative Assembly praying for such removal on the ground of proved misbehaviour or incapacity : Provided that at any time when Parliament is not sitting the Governor in Council may suspend any member of the Court from his office on the ground of proved misbehaviour or incapacity, in which case a statement of the ground of suspension shall be laid before the Legislative Assembly 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 Assembly praying for the restoration of the suspended member to his office, he shall be restored accordingly unless the term of his appointment current at the time of his suspension shall have expired ; 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. :C::~ Appointment 34. (1) In the case of the illness, suspension, inability or absence of the President of the Land Court. (1910, s. 24) the Governor in Council may, by Order in Council, appoint a Member of the Court to act as President thereof during such illness, suspension, inability or absence. (2) In the case of the illness, suspension, inability or absence of any member of the Court (other than the President thereof), or of the appointment of any member of the Court to act as President, the Governor in Council may appoint some other person to act temporarily as a member of the Court in the room of such member during his illness, suspension, inability or absence, or, as the

Land Act of 1962, No. 42 377 case may be, whilst he acts as President and every such person, while he so acts shall have all the powers and authorities of and be deemed to be a member of the Court. 35. The Court shall be a court of record, and shall ~1; public have a seal which shall be judicially noticed by all courts c~~~1rs 2S) and persons acting judicially. ' · The Court shall from time to time hold public sittings in Brisbane or elsewhere, to be called Land Courts, at which all business required to be transacted by it in open court shall be transacted. If more than one member is sitting at the same time in the exercise of the jurisdiction of the Court under this Act or any other Act, each such member shall constitute the Court. The Court shall, as near as may be to the first day of January in each year, make and publish in the Gazette a calendar of the times and places for such sittings of the Court during that year. But the publication of such calendar shall not prevent the Court from holding such sittings at other times or at additional places as occasion requires during such year. 36. The Governor in Council shall appoint a Registrar registrar of the Court and deputy registrars. d~uties Such officers shall keep minutes of the proceedings 0 9 io, s. 2 6) and records of the decisions of the Court, and shall perform such other duties as the Court may direct. Jurisdiction and Proceedings ofI.And Court n 3 7. (1) The Court shall hear and determine all 9e~er:at. matters which by this Act or any other Act are required 1~ 1 ~u 2 to be heard and determined by the Court. ' · =~ (2) The Court or any member thereof, or any Matters member of the Court together with any member of the Commission, shall inquire into and report upon any matter connected with the administration of this Act or any other Act administered by the Minister which is referred to the Court or to such member, or to such member of the Court together with a member of the Commission, as the case may be, by the Governor in Council or the Minister.

378 Land Act of 1962, No. 42 For the purposes of any such inquiry the Court, or a member thereof, or a member of the Court, together with a member of the Commission, shall have and may exercise the powers of a commission under and within the meaning of" The Commissions of Inquiry Acts, 1950 to 1954," save such of those powers as are expressed by such Acts to be conferred upon a Judge of the Supreme Court. c oA o fS m Srce p lnS e tS n , m sa en - t amou3n8t.oWf ahneynerveenrt, iot r isuninmecpersosvaeryd vtaoluedeotefrmaniynelanthde, ( ti 1 o 9 n 1 , 0 & , s c . . 29) moronceoymppeanysaabtlieono, rotro vbaleuceomoef ipmayparobvleemuenndtes, r othrisotAhecrt or any other Act conferring jurisdiction on the Court in respect of such matters, such amount shall be determined by the Court, and the following provisions shall apply :- (a) 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 in question made by the Commissioner or some other person ; (b) the Court shall require the lessee and every other person, by or to whom, respectively, any rent or money in question is or will be payable, to furnish to it a valuation or a claim in respect of the land, or improvements or other matter in question and such valuation or claim shall be furnished accordingly; (c) any _party to any proceeding to which this section relates, after he has furnished his valuation 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. In every case of assessment of rent of a pastoral lease, or selection, or brigalow lease, every report, valuation or claim furnished pursuant to paragraphs (a) or (b) of this section shall also state the number of stock which the holding may reasonably be expected to carry in average seasons, and additionally, in the case of a settlement farm lease, brigalow lease or perpetual lease selection, the acreage of arable land in the holding. Dispute as to 39. Any dispute which arises as to the boundaries ~ 91 ~d ' a s. ri~> hoofladniynghsolodirngb,ewtwheeethnerabeltewsseeeen tahnedlesthseeesCorfocwonn,tigsuhoaulls,

Land Act of 1962, No. 42 upon reference by the Minister or any lessee who is a party to the dispute, be inquired into and determined by the Court. Upon request by the Court made at any time during the course of its inquiry, the Minister may direct that a survey of the boundaries of the respective holdings with regard to which the dispute arose be made by an authorised surveyor appointed by the Minister. The Court may order the cost of any such survey to be paid by any party to the dispute or paid by the parties in such proportions as the Court orders according as the Court deems warranted by the circumstances of the case. The determination of the Court shall be binding upon the Crown, whether or not it is a party to the dispute, and upon all persons who are parties to the dispute. 379 40. (1) One member sitting alone shall constitute Jurisdiction the Court for the purpose of the exercise by it of its ~ ~~ r jurisdiction in respect of the following matters, c1910, s. 31) namely:- (a) any application for a selection ; (b) any appeal from a decision of a Commissioner pronounced in open court ; (c) any determination of rent, compensation, value of improvements, price or value upon sale of land in fee-simple, or other money where the amount is under this or any other Act to be determined by the Court ; (d) any determination of unimproved value of land for the purpose of conversion of tenure ; (e) any dispute as to the boundaries of any holding ; (/) any claim in respect of any netting fence Oi any repairs to any netting fence pursuant to Division XII. of Part X.; (g) any reference in respect of any communal ring fence pursuant to Division XIII. of Part X.; (h) any determination of the unimproved value of land granted in trust when sale thereof proposed by mortgagee ;

638 Land Act of 1962, No. 42 (3) ff the application is approved by the Governor in Council the provisions of section three hundred and sixty-six of this Act shall, with and subject to all necessary adaptations, apply. ~= aosw:e or 368. A road which, after such public notice and :SCS inquiry as the Minister deems advisable is found to be (1910, s. 19S) not required for public use may be permanently closed by the Governor in Council by notification published in the Gazette. Thereupon the land comprised in such road may be dealt with and disposed of as Crown land under this Act. The power conferred by this section is in addition to and not in derogation of any other power to close a road conferred by this Act upon the Governor in Council. Roads 369. All land which, having been before, is at the d th e e di p c u a b te l d ic to commencement of this Act, or which may on or after by private the commencement of this Act be, dedicated by the owner ~ l96) thereof, not being the Crown, to public use as a road ' · shall, by virtue of such dedication be vested (and in the case of land so dedicated before the commencement of this Act, is hereby declared to have always been vested) in the Crown and may be dealt with in the same manner as roads which have been dedicated to public use by the Crown. Division //.-Power to Construct Roads Minister may 370. (1) The Minister shall have the power to :Struct clear, form, construct and maintain in such manner < 1934, s. 2) as he may deem fit roads serving lands made available or to be made available for lease or sale under this Act or any other Act. The Minister shall not, in respect of anything done or omitted to be done by him or by any person acting under his authority pursuant to his power under this section, be subject to any duty, obligation, liability or responsibility except to the extent to which a Local Authority would be subject to that duty, obligation, liability or responsibility were the act or omission committed by it.

Land Act of 1962, No. 42 (2) The power to make regulations under this Act includes power to make such regulations as the Governor in Council deems necessary or convenient for the purposes of this section including regulations conferring upon the Minister for the purposes of this section any right, power, protection, privilege or obligation relating to roads had by a Local Authority or by the Commissioner of Main Roads under " The Local Government Acts, 1936 to 1961," or " The Main Roads Acts, 1920 to 1962." Without limit to the generality of the foregoing provisions of this subsection, regulations may be made regulating, prohibiting or restricting traffic or any class of traffic upon any road constructed or under construction by the Minister pursuant to this section or upon any part of any such road or confining traffic or any class of traffic to any specified part of any such road. (3) At any time after the completion of the construction of any road constructed by the Minister pursuant to this section the Governor in Council may, by Order in Council, fix a date on and after which the provisions of "The Local Government Acts, 1936 to 1961," shall apply to the road. On and after the date so fixed- (a) the Minister shall not be subject to any duty, obligation, liability or responsibility whatsoever in respect of the road ; (b) any regulations made pursuant to this section shall cease to apply to the road ; (c) the provisions of "The Local Government Acts, 1936 to 1961," shall apply in respect of the road as if it had been constructed by the Local Authority in the Area whereof it is situated. (4) Until the date fixed by the Governor in Council by Order in Council pursuant to subsection (3) of this section, "The Local Government Acts, 1936 to 1961," do not apply to a road constructed or under construction pursuant to this section. 639

640 Land Act of 1962, No. 42 PART XIII.-GENERAL Division 1.-Miscellaneous Provisions = Purchases or Exchanges Power to 3 71. The Governor in Council, on behalf of or Her Majesty, by agreement with the owner thereof or, 0910. s. 197) in the case of land held from the Crown for a lesser estate than fee-simple, the holder under the Crown thereof, may acquire any land of any tenure, either by way of purchase or by granting any Crown land of equal value in fee-simple or for any lesser estate in exchange for such land. Where any land proposed to be acquired or granted by the Crown by way of exchange as aforesaid is improved the value thereof for the purposes of the exchange shall be the improved value. In every case of an exchange as aforesaid the Court shall determine the respective values of the lands the subject of the exchange. ~ 372. (1) Any person, not lawfully claiming under 0910 s. 203 > a subsisting lease or license, or otherwise under this Act · or any other Act, or under prior authority in writing of the Minister or Commission, who occupies any Crown land or any reserve, whether or not the reserve is under the control of trustees, or who resides or erects any structure, or erects, constructs, places or maintains any other improvement or thing whatsoever, or depastures stock, on any Crown land or any reserve, or who clears (which term includes destruction of trees), digs up,encloses or cultivates any Crown land or any reserve or any part thereof, shall be guilty of an offence against this Act and shall be liable to a penalty not exceeding fifty pounds and, in addition, to a daily penalty not exceeding ten pounds for any offence under this section which is continued after conviction therefor. (2) In respect of any offence under this section in relation to clearing, digging up or cultivating, any person found guilty of such an offence shall, in every case, be liable for all loss and all damage caused by that

Land Act of 1962, No. 42 offence in addition to the prescribed penalty for the offence, and evidence proving or tending to prove the amount of such loss or damage shall be admissible in the proceedings and upon convicting the offender the justices may, in addition to the penalty imposed, order him to pay the amount thereof proved to their satisfaction. For the purposes of this subsection the loss and damage caused by the offender shall include the value of any tree destroyed, which value shall be taken to be the sale price ordinarily obtainable on the sale of the tree then and there standing. (3) Upon convicting any person for an offence under this section, whether or not a penalty as aforesaid is imposed, the justices in their discretion may, upon the application of the complainant, issue a warrant m terms of subsection (1) of section three hundred and seventy- three of this Act to remove such person from the land or reserve in respect whereof the offence was committed and, as the case requires, an order in terms of subsection (2) of section three hundred and seventy-three of this Act requiring such person to remove from such land or reserve any structure or other improvement or thing whatsoever, erected, constructed, placed or maintained thereon by him without any lease, license, permit or other authority therefor. (4) For the purposes of this section the term" Crown land " includes any road. 641 373. (1) Any Commissioner or officer authorised in Removal or tthhaatt abneyhaplefrsboyntihseinMuinnliaswtefruwl ohoccuhpaastiroenasoofnantoy bCerloiewvne 09 f 0 U · :C · 204) land or any reserve (whether or not the reserve is under the control of trustees) or is in possession of any Crown land under colour of any purchase, lease or license that has been terminated by forfeiture, cancellation or otherwise, may make complaint before justices, who shall hear and determine the matter in a summary way, and, on being satisfied of the truth of the complaint, shall issue their warrant, addressed to the Commissioner or to such authorised officer or to any member of the

642 Land Act of 1962, No. 42 Police Force, requiring him forthwith to remove such person from such land, and to take possession of the same on behalf of the Crown ; and the person to whom the warrant is addressed shall forthwith carry the same into execution. A lessee or his manager or a licensee of any land held from the Crown, or a person who is purchasing any land from the Crown, may in like manner make a complaint against any person in unlawful occupation of any part of the land comprised in the lease or license or being purchased and the like proceedings shall thereupon be had. Removal.of (2) (a) When any structure or other improvement :1:~~~~sed or thing whatsoever is erected, constructed, placed or menrs. &c., maintained on any Crown land or any reserve (whether fa':iir~;n or not under the control of trustees) and- reserves (i) the person claiming ownership of such structure, improvement or thing does not on demand produce any lease, license, permit or other authority therefor whether under this Act or any other Act ; or (ii) after reasonable inqumes made by the Commissioner or any officer thereunto directed by the Commissioner, the owner thereof cannot be found, then upon complaint before justices made by the Commissioner, acting with the authority of the Commission (or, in the case of a reserve under the control of trustees, the Commissioner acting with the authority of the Commission or any person acting with the authority of the trustees), the justices shall hear and determine the matter in a summary way and upon being satisfied of the truth of the complaint, shall order such structure or other improvement or thing to be removed from such Crown land or reserve within the time fixed in the order by and at the expense of the person found to be the owner. (b) Notwithstanding that the person alleged in any complaint under this subsection to be the owner of the structure or other improvement or thing the subject of the complaint has not been served with the complaint and is not present, if the justices are satisfied that the Commissioner (or, in the case of a complaint in respect of a reserve authorised by the trustees

Land .Act of 1962, No. 42 thereof, such trustees) made or caused to be made reasonable inquiries for the purpose of finding such owner but has been unable to find him, the justices may proceed in the absence of the owner and as if the complaint had been duly served, or they may make such order as to substituted service by public advertisement or otherwise as they deem fit in the circumstances and may for the purpose of enabling such substituted service enter any necessary adjournment. Substituted service, if ordered, shall be sufficient service of the complaint for all purposes of the hearing and determination thereof and the making of any order thereon. (c) If, after any inquiry made by the Commissioner or any officer thereunto directed by the Commissioner (or, as the case requires, the trustees of the reserve concerned), the owner of the structure or other improvement or thing in question is not known or cannot be found, the order as aforesaid of justices may be posted on some conspicuous part of the land on which the structure or other improvement or thing is situated and no other service or publication of such order need be given or made. (d) If any structure or other improvement or thing is not removed from any Crown land or reserve in compliance with any order made by justices under this section, such structure or other improvement or thing shall become and be forfeited to the Crown (or, where the order has been made in relation to a reserve upon complaint authorised by the trustees thereof, shall become the property of such trustees) and may be sold for removal or otherwise disposed of as the Commission or trustees may determine. To the extent to which the sale price, if any, of any structure or other improvement or thing forfeited to the Crown or to the trustees under this subsection is insufficient to defray the costs incurred by the Commission or the trustees with respect to the removal or disposal otherwise of the same, such costs may be recovered by the Commission or the trustees from the person, if any, who claimed ownership of such structure or other improvement or thing, by action as for a debt in any court of competent jurisdiction. 643

644 Land Act of 1962, No. 42 (3) The powers granted under the foregoing provisions of this section shall be in addition to and not in diminution of or substitution for the powers of trustees of reserves to take action pursuant to the provisions of section three hundred and thirty-eight of this Act. (4) For the purposes of this section the term" Crown land " includes any road. Limitation 374. No title to any land which has been either otifoancoqfuilsain- d before, on or after the commencement of this Act- by posses- sion (1910, (a) dedicated, opened, declared or otherwise notified as a road for public use under any S. 20JA) Act or in connection with the alienation of any Crown land ; or (b) left between Crown grants as a road or driftway ; or (c) reserved or dedicated under this Act or any other Act for or to any public purpose ; or (d) reserved in any Crown grant, or to any Crown land shall by reason of adverse possession be allowed to be asserted or established as against- (i) the Crown ; or (ii) persons holding such land in trust for any public purpose. Nothing in this Act shall affect the operation of any provision of "The Real Property Acts, 1861 to 1960," or the title to any land which has in any proceedings, other than summary proceedings, to which the Crown has been a party been adjudged not to be Crown land. Rights of 3 7 5. (I) Any person in charge of stock being f::~~~f- driven by land along any road ordinarily used for the ling stock purpose of travelling stock or along any road declared 0 9 io, s. 205 > under any Act to be a stock route, and passing through a pastoral lease or land comprised in an occupation license from which the road is not fenced out, may depasture such stock on any land within a distance of half a mile from the centre line of the road which is not part of an enclosed garden or paddock under cultivation or which is not within a distance of one mile from the principal homestead or head station.

Land Act of 1962, No. 42 645 In any case where there is on one side of any road referred to in this subsection a fence distant not more than half a mile from the centre line of such road, the stock may be depastured- (a) on any land between such fence and the centre line of the road which is not part of an enclosed garden or paddock, or within a distance of one mile from the principal homestead or head station ; and (b) on any land on the other side of the road from such fence which- (i) is distant not more than one mile from such fence ; (ii) is not separated from such road by a fence or a stock proof barrier ; and (iii) is not part of an enclosed garden or paddock under cultivation, or within a distance of one mile from the principal homestead or head station. This subsection applies so as not to authorise the depasturing of any stock upon land comprised in a pastoral lease or occupation license which is lawfully separated by a fence or stock proof barrier from the road in question. This subsection applies so as not to authorise, justify or excuse any failure to travel stock which is an offence under subsection (2) of this section. (2) Any person in charge of stock being driven by St~y!ng or land along any road or stock route or across any reserve ~~~kng who- (a) unlawfully depastures such stock upon any land comprised in a pastoral lease, selection or occupation license ; or (b) fails to travel such stock from the hour and day of commencement of their travel along any road or stock route or across any reserve until the corresponding hour of the day of any inspection by a Commissioner, Land Ranger, an officer authorised in that behalf

646 Land A.ct of 1962, No. 42 by the Minister or person authorised in that behalf by a Local Authority or by the owner, lessee, licensee or occupier of any land abutting on a road or a stock route or reserve along or across which such stock are being travelled, or from the hour of the day of any one such inspection until the corresponding hour of the day of any other such inspection, a distance averaging six miles per day towards their destination, shall be guilty of an offence against this Act and liable to a penalty of not less than ten pounds or more than one hundred pounds. (3) Proceedings for an offence under subsection (2) of this section shall not be instituted later than fourteen days after (but not including) the day when the commission of the offence was completed. (4) Subject to subsection (3) of this section proceedings for an offence under this section may be instituted bx any person mentioned in paragraph (b) of subsection (2) of this section. (5) In applying subsection (2) of this section- (a) any period in which stock are prevented from travelling by rain, flood or other unavoidable cause; or (b) any period during which stock are lawfully depastured elsewhere than on a road, stock route, or reserve and during which period, save with the permission of the lessee or licensee in question, such stock are not depastured under the authority of subsection (1) of this section ; or (c) any period during which stock are lawfully depastured or lawfully detained under any other Act or law, shall not be taken into account. (6) In this section "stock" means horses, cattle, sheep, camels, asses and mules.

Land Act of 1962, No. 42 647 376. A person who sells a prickly-pear plant shall Sa\fr be guilty of an offence against this Act and liable to a ~r J;nts penalty of not more than fifty pounds. f[~~J~ited In this section- s. 20s") (a) the term " sell " and derivatives of that term include barter, and also include agree to sell, or offer or expose for sale, or keep or have in possession for sale, or receive, send, forward or deliver for or on sale, or authorising, causing, permitting, suffering or attempting any of such acts or things ; and (b) the term " prickly-pear plant" includes any flower, seed, fruit, cutting, live root, slip or other viable part of a prickly-pear plant. 377. (I) All offences against this Act may be Jw:isdi~tion prosecuted in a summary way under " The Justices Acts, f[J~~ 1~ 06) 1886 to 1960." Subject to any express provision of this Act, any such offence may be so prosecuted upon the complaint of a Commissioner, land ranger or officer authorised in that behalf by the Minister or Commission, or of any person aggrieved. (2) Notwithstanding anything in any other Act, when any person is convicted before any justices of any offence against this Act, the justices shall not reduce the penalty to be imposed in respect of such offence below any prescribed minimum amount of penalty. (3) When the same act or omission is an offence When offence both under this Act and under some other Act or law, ~!fc~o be the offender may be prosecuted either under this Act punished or under the other Act or law in question, but so that he shall not be twice punished for that act or omission. (4) Proceedings for an offence against any provision of section two hundred and fifty of this Act may be instituted at any time within twelve months after the commission of the offence or within six months after the commission of the offence comes to the knowledge of the complainant, whichever is the later period.

648 Land Aci of 1962, No. 42 (5) Any person guilty of an offence against this Act for which no specific penalty is provided shall be liable to a penalty of not more than one hundred pounds. ~~c:;_ 3 78. Any person who in any way assaults, ~ threatens, obstructs, hinders or interferes with the authons: ~ otherd Minister, any member of the Commission, any Commissioner, or any other officer or person acting penons under the authority of the Minister or Commission, in the exercise of any of the powers conferred or the discharge of any of the duties imposed on the Minister, member of the Commission, Commissioner or such other officer or person by this Act or such authority, or attempts so to do, shall be guilty of an offence against this Act and liable to a penalty of not less than ten pounds or more than one hundred pounds. Where an act which is an offence against this section is also an offence against some other provision of this Act the offender may be prosecuted either under this section or under such other provision, but so that he shall not be twice punished for the same act. Annual .Report 379. A report on the operation of this Act shall each year be made by the Commission to the Minister for submission to Parliament. E D fro x u e m t m y S p t t a io m n p Act 3 to 80 th . e NcootnwtriathrystatnhdeinGgoavneyrnthoirn$ m cConotuaninceild minayanbyy (1929, s. 78) Order in Council exempt from stamp duty any documents prescribed in such order which documents relate to the settlement of Crown lands. Service of 381. (1) Wherever by this Act any application, d n o o c ti u c m es e . nts, notice, document or communication is directed to be a & R n e c d g . s. ( 2 1 8 9 ) 2 2 7 5, sMenint, istseerrvoerdt,hedeCliovmermedissoiorn, fournwleasrsdeodthetrow, isoerpruepsocnribethde, the same shall be addressed to the Secretary of the Commission who shall have authority to correspond with all persons and otherwise act under the direction of the Minister or the Commission.

Land Act of 1962, No. 42 (2) Any notice, communication or other document required to be given or served by the Minister to or upon any person may be signed by the Minister or the Secretary of the Commission, and unless otherwise prescribed, may be sent by post addressed to such person at his last known place of address or to him at the holding (or the head station thereof) the subject of the notice, communication or other document or left for him at such holding or head station. 649 Division 11.-Regulations, Rules, &c. . 38~. (I) The Govez:nor in ~ouncµ may,_ fro~~~~;,) time to time, make regulations, not mcons1stent with this Act, providing for alf or any purposes whether general or to meet particular cases that may be convenient for the administration of this Act or that may be necessary or expedient to carry out the objects and purposes of this Act and, without limit to the generality of the foregoing provisions of this section- (a) prescribing and defining the manner of doing or performing any survey or any other act or thing under or for the purposes of this Act, and where necessary the time when or within which it shall be done or performed ; (b) prescribing forms of registers, books, documents, instruments and writings, and the conditions, stipulations, reservations and exceptions that shall be inserted or that shall be implied in grants, leases, licenses and other instruments ; (c) defining the duties of officers ; (d) prescribing the duties and responsibilities of the Commission, the regulation of meetings, proceedings and the conduct of business of the Commission ; (e) regulating procedure in Commissioners' Courts; (/) regulating public parks and reserves in cases not otherwise provided for by law. (2) The regulations may impose fees in respect of any inspection, survey, lease, license, registration, certificate, permit, objection or other matter issued, granted or made by any officer or other person under this Act, and may impose fees of court.

650 Land Act of 1962, No. 42 Offences apinst rqulations Fees of different amounts may be prescribed both in respect of different matters and, by reference to different persons, localities, or other circumstances, the same matter. (3) Any person who offends against any regulation shall be liable to a penalty not exceeding fifty pounds. Any person who offends against any regulation relating to any public park or reserve may be arrested by a member of the Police Force or by any officer thereunto authorised by such regulation or any other regulation. (4) The power to make with respect to any persons or any matters or things whatsoever, any regulation under this Act shall include power to make that regulation so that it may be of $eneral or specially limited application according to tlme, place, purposes, class, or circumstances, or otherwise as is prescribed, and so that any regulation of specially limited application may or may not differ from any other regulation of specially limited application with respect to the same persons, matters, or things. The power to make regulations with reSJ?eCt to any matter shall include power to make regulations under this section prohibiting that matter either generally or to meet particular cases. The power to make regulations under this Act shall include power to repeal, amend, or otherwise modify any regulation in force at the commencement of this Act and continued in force by virtue of any provision of this Act. (5) Regulations may be made under this Act at any time after the passing hereof. (6) The power conferred by this Act to make, issue or publish any notification shall be construed as including power exercisable in the like manner and subject to the like conditions, if any, to revoke, alter, amend or otherwise modify the notification. Power to 383. A Judge of the Supreme Court and not less ~~es than three members of the Court may, from time to c1910, s. 210) time, make rules of court prescribing forms for all matters or proceedings in the Court or the Land Appeal Court, and otherwise regulating the practice and procedure of such courts.

Land Act of 1962, No. 42 All such rules of court shall be approved by two or more of the Judges of the Supreme Court, and shall be published in the Gazette. 651 ma:~~ 384. The power of the Judges of the Supreme ~reme Court to make rules of court includes power to make rules regulating practice and procedure in respect of (1910, s. 211 > appeals to the Full Court under this Act. 385. (1) Every Proclamation, Order in Council, :rblication regulation or rule made under this Act shall- Proclama- (a) be published in the Gazette ; H9':6, ~201) (b) upon its publication in the Gazette, be judicially noticed and such publication shall be conclusive evidence of the matters contained therein ; (c) subject to this Act, take effect from the date of such publication unless, in the case of any such Proclamation, Order in Council, regulation, or rule, a later date is specified in that or any other Proclamation, Order in Council, regulation, or, as the case may be, rule for its commencement when in such event it shall take effect from that later date; and (d) in the case of every regulation, be laid before the Legislative Assembly within fourteen sitting days after such publication if the Legislative Assembly is in session, and if not, then within fourteen sitting days after the commencement of the next session. (2) If the Legislative Assembly passes a resolution of which notice has been given at any time within fourteen sitting days after any regulation has been laid before it disallowing such regulation or part thereof, that regulation or part shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime or to the making of a further regulation.

652 Land Act of 1962, No. 42 THE SCHEDULE Date or Act Title or Act Extent or Repeal 4 V. No. 2 "The Military Lands Act of 1840" The whole 18 V. No. IO "The Military Lands Act of 1854" The whole 27 V. No. 1 "Military Lands Act" (of 1863) .. The whole 1 E. VII. " The Agricultural Lands Special The whole No. 23 Purchase Act of 1901 " S E. VII. " The Special Agricultural Selections The whole No. 20 Act of 1905" S E. VII. " The lderaway Estate Special The whole No. 21 Purchase Act of 1905" 6 E. VII. " The Lands for Closer Settlement The whole No. 26 Special Purchase Act of 1906" 6 E. VII. "The Closer Settlement Act of 1906" The whole No. 32 1 G. V. "The Land Act of 1910" The whole No. IS 2 G. V. "The Land Sales Proceeds Act of The whole No. 19 1911 " 3 G. V. " The Prickly-pear Destruction Act of The whole No. 13 1912" 4 G. V. " The Prickly-pear Destruction Act The whole No. 9 Amendment Act of 1913 " 4 G. V. " The Land Act Amendment Act of The whole No. 19 1913" 4 G. V. " The Closer Settlement Act Amend- The whole No. 21 ment Act of 1913" S G. V. " The Land Act Amendment Act of The whole No. 32 1914" 6 G. V. " The Agricultural Settlers' Relief Act The whole No. 18 of 1915" 7 G. V. " The Land Act Amendment Act of The whole No. 19 1916" 7 G. V. " The Clermont Flood Relief Act of The whole No. 30 1917 " 7 G. V. " The Discharged Soldiers' Settlement The whole No. 32 Act of 1917" 8 G. V. " The Agricultural Settlers' Relief Act The whole No. S Amendment Act of 1917" 8 G. V. " The Closer Settlement Act Amend- The whole No. 10 ment Act of 1917" 8 G. V. " The Clermont Flood Relief Act The whole No. IS Amendment Act of 1917 " 8 G. V. " The Land Act Amendment Act of The whole No. 21 1917" 9 G. V. " The Land Acts Amendment Act of The whole No. 8 1918" 10 G. V. " The Seaforth Repurchased Estate The whole No. S Act of 1919" IO G. V. " The Jimbour Selections Act of 1919 " The whole No.12

Land Act of 1962, No. 42 THE SCHEDULE-continued I Date of Ac:t Title of Ac:t I Extent of Rcpca) 10 G. V. J "The Discharged Soldiers' Settlement The whole No. 21 Act Amendment Act of 1920" 10 G. V. "The I.and Acts Amendment Act of The whole No. 24 1920, No. 2" 10 G. V. "The Land Act Amendment Act of The whole No. 30 1920" 13 G. V. "The Land Acts Amendment Act of The whole No. 34 1922" 14 G. V. " The Upper Burnett and Collide Land The whole No. 14 Settlement Act of 1923" 14 G. V. "The Closer Settlement Act Amend- The whole No. 18 ment Act of 1923 " 14 G. V. "The Sugar Workers' Selections Act The whole No. 20 of 1923" 14 G. V. " The Land Acts (Review of Cattle The whole No. 33 Holding Rents) Amendment Act of 1923" 14 G. V. "The Prickly-pear Land Act of 1923" The whole No. 34 15 G. V. "The Tully Sugar Works Area Land The whole No. 22 Regulations Ratification Act of 1924" 15 G. V. " The Land Acts Amendment Act of The whole No. 33 1924" 16 G. V. " The Land Acts Amendment Act of The whole No. 27 1925" 17 G. V. "The Prickly-pear Land Act Amend- The whole No. 6 ment Act of 1926 " 17 G. V. "The Sugar Workers' Selections Act The whole No. 15 Amendment Act of 1926 " 17 G. V. " The Discharged Soldiers' Settlement The whole No. 31 Acts Amendment Act of 1926" 18 G. V. " The Agricultural Township Portions The whole No. 12 Act of 1927" 18 G. V. " The Land Acts Amendment Act of The whole No. 17 1927" . 20 G. V. " The Land Acts Amendment Act of The whole No. 15 1929" 21 G. V. " The Tully Sugar Works Area Land The whole No. 26 Regulations Amendment Act of 1930" 21 G. V. "The Prickly-pear Land Acts Amend- The whole No. 28 ment Act of 1930 " 21 G. V. " The Land Acts Amendment Act of The whole No. 43 1930" 22 G. V. " The Land Acts Amendment Act of The whole No. 39 1931 " 23 G. V. " The Prickly-pear Land and Forestry The whole No.6 Administration Act of 1932" 23 G. V. " The Land Acts Amendment Act of The whole No. 16 1932" 653

654 Land A.ct of 1962, No. 42 THE SCHEDULE-continued I Date or Act Title or Act Extent or Repeal I 2S G. V. "The Land A.cts (Crown Dues) Relief The whole No. 27 A.ct of 1934" 25 G. V. "The Land Acts Amendment A.ct of The whole except No. 31 1934" ss. 17 and 19 I E. VIII. " The Land A.cts Amendment A.ct of The whole except No. 3 1936" s. 16 I G. VI. " The Land A.cts and Other A.cts The whole except No. US Amendment A.ct of 1937 " s. 30 6 G. VI. "The Land A.cts and Other A.cts The whole except No. 10 Amendment A.ct of 1941 " Part VI. 7 G. VI. " The Land Acts and Another A.ct The whole No. 16 Amendment A.ct of 1943" 7 G. VI. "The Land and Water Resources Ss. 9-20 (both No. 38 Development A.ct of 1943" inclusive) and Parts III., V. and VI. 9 G. VI. "The War Service Land Settlement The whole No. 25 Acquisition A.ct of l 945 " 10 G. VI. " The Land Acts Amendment A.ct of The whole No. 13 1946" 10 G. VI. "The War Service Land Settlement Part II. and ss. No. 23 Act of l946 " 30 to 3S (both . inclusive) 11 G. VI. " The Irrigation and Water Supply Part IV. No. 11 Commission Act of 1946" 11 G. VI. "The War Service (Sugar Industry) The whole No.19 Land Settlement Act of l 946 " 12 G. VI. " The Land Acts and Other Acts The whole No. 17 Amendment Act of 1948" 13 G. VI. " The Land Acts and Other Acts The whole except No. 6 Amendment Act of 1948" Part IV. 13 G. VI. " The Land Acts and Other Acts The whole except No. SO Amendment Act of 1949" Part V. 14 G. VI. "The War Service Land Settlement The whole except No. 8 Validation Act of 1950" ss. 3, 4, s, 9 and 10 IS G. VI. " The Land Acts and Other Acts The whole except No. 11 Amendment Act of 1951 " Parts VII. and IX. I Eliz. II. " The Land Acts Amendment Act of The whole No. Sl 1952" 2 Eliz. II. " The Land Acts Amendment Act of The whole No. 24 1953" 6 Eliz. II. " The Land Acts and Other Acts The whole No. 36 Amendment A.ct of 1957" 7 Eliz. II. "The Land Acts and Other Acts The whole except No. 71 Amendment A.ct of 1958" s. 45 8 Eliz. II. " The Crown Land Development Act The whole No. 25 of 19S9"

Land Act of 1962, No. 42 THE SCHEDULE-continued D-c1tc of Act Title of Act Extent of Repeal 8 Eliz. II. No. 43 8 Eliz. II. No. 45 8 Eliz. II. No. 74 10 Eliz. II. No. 23 10 Eliz. II. No. 51 10 Eliz. II. No. 52 11 Eliz. II. No. 11 " The City of Rockhampton (Lands The whole Purchase) Act of 1959" " The Land Acts and Other Acts The whole Amendment Act of 1959" " The Land Acts and Other Acts The whole Amendment Act of 1959, No. 2" .. The Land Acts and Other Acts The whole Amendment Act of 1961 " " The Land Acts Amendment Act of The whole 1961 " " The Crown Land Development Act The whole Amendment Act of 1961 " " The Land Acts Amendment Act of The whole 1962" Abbreviations used in this Schedule are :- E.-Edward Eliz.-Elizabeth G.-George V.-Victoria s.-Section ss.-Sections 655