Land Acts Amendment Act 1968 (No. 2) (Qld)

375 ^1^LIPEttSIYY[^ ANNO SEPTIMO DECIMO ELIZABETHAE SECUNDAE REGINAE No. 49 of 1968 An Act to Amend The Land Acts 1962 to 1968 in certain particulars [ ASSENTED TO 23RD DECEMBER, 1968] BE IT ENACTED by the Queen ' s Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled , and by the authority of the same , as follows:- 1. (I) Short title. This Act may be cited as the Land Acts Amendment Act 1968 (No. 2). (2) Principal Act . The Land Acts 1962 to 1968 are in this Act called the Principal Act. (3) Collective title. The Principal Act as amended by this Act may be collectively cited as the Land Act 1962-1968.

376 Land Acts Amendment Act (No. 2), 1968, No., 49 2. Amendments to s. 5 . Section 5 of the Principal Act is amended by- (a) omitting the definition " Land Ranger " and inserting in its stead the following definition: " " Land Inspector "-Includes an Assistant Land Inspector and a Cadet Land Inspector;"; (b) in the definition " Public purposes ", (i) inserting after the purpose " Agricultural and horticultural societies " the purpose " Ambulances "; (ii) inserting after the purpose " Hospitals " the purpose Kindergartens "; (iii) omitting the purposes, " Baths ", " Canals ", " Ferries, fords, and crossings ". " Grammar schools ", " Townships ", and " Watercourses ". 3. Amendment to s. 13. Section 13 of the Principal Act is amended by, in subsection (2), omitting from subparagraph (f) the word " adjoining ". 4. Amendments to s. 24 . Section 24 of the Principal Act is amended by- (a) in subsection (1), omitting the words " Land Rangers " and inserting in their stead the words " Land Inspectors "; (b) in subsection (3), omitting the words " Land Ranger " and inserting in their stead the words " Land Inspector ". 5. Amendment to s. 25. Section 25 of the Principal Act is amended by omitting the words " Land Ranger " and inserting in their stead the words " Land Inspector ". 6. Amendment to s. 57. Section 57 of the Principal Act is amended by omitting subsection (11) and inserting in its stead the following subsection:- " (11) A woman under the age of twenty-one years who is unmarried and, save as is prescribed by this subsection, a woman who is married shall not be competent to apply for land open for lease under preferential pastoral holding tenure subject to the condition of personal residence unless, in the case of a married woman, she is living apart from her husband under an order for judicial separation. A woman who is married shall, subject to this Act, be competent to apply jointly with her husband for such land if the interest therein sought by her husband is not less than one-half.". 7. Amendment to s. 59. Section 59 of the Principal Act is amended by inserting after the words " by the Commissioner " the words " or within such extended period as the Minister, in his discretion, in a particular case , allows ". 8. Amendment to s. 73. Section 73 of the Principal Act is amended by, in subsection (3), omitting from subparagraph (c) the word registered ".

Land Acts Amendment Act (No. 2) 1968. No. 49 377 9. Amendment to s. 96. Section 96 of the Principal Act is amended by omitting subsection (5) and inserting in its stead the following subsection:- " (5) A woman under the age of twenty-one years who is unmarried and, save as is prescribed by this subsection, a woman who is married shall not be competent to apply for land open for selection subject to the condition of personal residence unless, in the case of a married woman, she is living apart from her husband under an order for judicial separation. A woman who is married shall, subject to this Act, be competent to apply jointly with her husband for such land if the interest therein sought by her husband is not less than one-half.". 10. Repeal of s. 97. The Principal Act is amended by repealing section 97. 11. Amendment to s. 100 . Section 100 of the Principal Act is amended by, in subsection (1) inserting after the words " acceptance of his application " the words " or within such extended period as the Minister, in his discretion, in a particular case, allows ". 12. Amendment to s. 141. Section 141 of the Principal Act is amended by adding the following subsection:- " (4) The jurisdiction of the Minister or the Court to determine the unimproved value of land in respect of which an application is made under this Division or to determine the market value of commercial timber thereon shall not be affected by any amendment to the area of the land between the date of the application in question and the date of the determination but in such a case the Minister or the Court shall determine the unimproved value of or, as the case may be, the market value of commercial timber on the area of land as so amended.". 13. Amendment to s. 142. Section 142 of the Principal Act is amended by, in subsection (1), omitting the words " (not exceeding six months in all) 14. Amendments to s. 147. Section 147 of the Principal Act is amended by- (a) in subsection (1), omitting the words " five years " and inserting in their stead the words " ten years ". (b) in subsection (3), omitting the words " five years " and inserting in their stead the words " ten years "; 15. Amendment to s. 188. Section 188 of the Principal Act is amended by omitting subsection (5) and inserting in its stead the following subsection:- ( 55) ) In no case shall the annual rent be less than six dollars. In respect of a lease the term whereof commenced prior to the date of the enactment of this subsection, this subsection applies on and from the anniversary of the quarter day on which the lease commenced, occurring on or first occurring after the first day of January, one thousand nine hundred and sixty-nine.".

378 Land Acts Amendment Act (No. 2) 1968, No. 49 16. Amendment to Division III of Part VII. Division III of Part VII of the Principal Act is amended by omitting the words " twenty years " wherever they occur and inserting in their stead wherever omitted the word " years ". 17. Amendment to s. 193. Section 193 of the Principal Act is amended by, in subsection (1), omitting the words " not exceeding six months in all ". 18. Repeal of and new s. 194. The Principal Act is amended by repealing section 194 and inserting in its stead the following section:- " 194. Terms and conditions of lease for term of years. The following provisions, terms and conditions shall apply to every lease deemed, pursuant to this Division, a lease for a term of years:- (a.) the purchasing price of the land comprised in the lease shall be the amount of the unimproved value thereof determined as prescribed by this Division, save that in the case of land held by a religious body pursuant to section 209 of this Act, the purchasing price shall be one-half of that amount; (b) if the lease comprises town land or suburban land used for residential purposes which usage is not, in the opinion of the Minister, a usage for business purposes the term of the lease shall be thirty years but otherwise it shall be for twenty years; (c) the term of lease shall commence on the quarter day next following the date when the Minister received the application referred to in section 191 of this Act unless, by notice in writing contained in or accompanying the notice of election to proceed with the application, the lessee has informed the Minister that he desires the lease to commence on the quarter day next following the date when the Minister or, as the case may be, the Court or, upon appeal thereto, the Land Appeal Court, determined the unimproved value of the land comprised in the lease, in which case the term shall commence on such later quarter day; (d) the lessee shall pay the deposit prescribed by section 195 of this Act and the balance shall be payable in equal annual instalments during the term of the lease; (e) moneys paid as rent under the perpetual lease in respect of any time before the commencement of the term of lease shall not be credited to the purchasing price, but moneys so paid in respect of any time after the commencement of such term shall be credited to the purchasing price; (f) subject to paragraphs (a) to (e), both inclusive, of this section, all such provisions, terms and conditions (including developmental and improvement conditions) as applied with respect to the lease in question as a lease under a class of an auction perpetual lease tenure.".

Land Acts Amendment Act (No. 2) 1968, No. 49 379 19. Repeal of and new s. 195. The Principal Act is amended by repealing section 195 and inserting in its stead the following section:- " 195. Payment of purchasing price. (1) If the lessee elects to proceed with his application he shall pay, by forwarding with his notification to the Minister of his election to proceed with his application,- (a) in the case of a lease for a term of thirty years, a deposit of one-thirtieth of the purchasing price; (b) in the case of a lease for a term of twenty years, a deposit of one-twentieth of the purchasing price. The lessee may set off against the amount of the prescribed deposit all sums paid by way of rent which, pursuant to paragraph (e) of section 194 of this Act, are to be credited to the purchasing price. (2) Subject to the provisions of subsection (3) of this section, the lessee shall- (a) in the case of a lease for a term of thirty years, pay the balance of the purchasing price in thirty equal annual instalments; (b) in the case of a lease for a term of twenty years, pay the balance of the purchasing price in twenty equal annual instalments. (3) A lessee may at any time complete the purchase by paying, in full satisfaction of the purchasing price or, as the case may be, the balance thereof then outstanding, the amount of the present value of such purchasing price or, as the case may be, such balance, such present value being calculated on the basis of an interest earning rate of five per centum per annum- (a) where the payment is made within three months after the date notification is given to the Minister under section 193 of this Act of the lessee's election to proceed, over the full term of the lease; (b) in any other case, over the term of the lease yet to run from the date on which the next annual instalment of the purchasing price would have become due and payable. The lessee shall not be entitled to a grant in fee-simple of the land comprised in the lease until the Minister is satisfied that he has performed any and every developmental and improvement condition of the lease, (4) In any case where the lessee has not been notified of the amount of the purchasing price (as determined by the Minister or as the case may be the Court or, upon appeal thereto, the Land Appeal Court) before any annual instalment becomes payable pursuant to subsection (2) of this section payment of that instalment shall be deemed to be deferred until the lessee has been so notified, whereupon the lessee shall, within three months after such notification, pay the same.". 20. Amendments to s. 203. Section 203 of the Principal Act is amended by- (a) omitting the words " for such term not exceeding thirty years and ";

380 Land Acts Amendment Act (No. 2) 1968, No. 49 (b) adding the following paragraphs:- " The term of such a lease shall not exceed thirty years except where- (a) the proposed conditions of the lease require the erection of substantial structural improvements which, in the opinion of the Minister, would be abnormally costly; and (b) by reason of a proposed condition of the lease or a provision of this Act the tenure of the land in question could not be converted under section 207 of this Act, when the term of such a lease shall not exceed seventy-five years. If there are improvements on the land the declared or provisional value thereof shall be notified to the person to whom the offer of the issue of a special lease is made. Such person shall pay the declared or provisional value of the improvements within one month or such extended period as the Minister, in his discretion, in a particular case, allows, after the date when he accepts the offer. The provisions of Division If of Part X of this Act shall, with and subject to all necessary adaptations, apply as if the offer were an opening or sale notification in respect of the land.". 21. Amendments to s. 204. Section 204 of the Principal Act is amended by- (a) in subsection (1). omitting, the words ", but in no case shall the term exceed thirty years "; (b) in subsection (5), omitting the word " pounds "; (c) omitting subsection (5A) and inserting in its stead the following subsection:- (55AA) ) In no case shall the annual rent be less than six dollars. In respect of a lease the term whereof commenced prior to the date of the enactment of this subsection, this subsection applies on and from the first day of January, one thousand nine hundred and sixty-nine.". 22. Amendments to s. 207. Section 207 of the Principal Act is amended by- (a) omitting subsection (1) and inserting in its stead the following subsection:- " (I) The lessee of a special lease comprising land not reserved and set apart for any public purpose or land which, though so reserved and set apart, is no longer required for that purpose who considers he has reasonably improved such land, may apply to the Minister to be allowed, as provided for in this section, to purchase the land or to be granted a perpetual lease thereof."; (b) omitting subsection (2) and inserting in its stead the following subsection:- (22) ) The Minister, in his discretion, may refuse the application but if the Minister is satisfied that the land- (a) has been reasonably improved having regard to its unimproved value or the purpose for which it is used; and

Land Acts Amendment Act (No. 2) 1968, No. 49 381 (b) is not required for any public purpose, the provisions of subsection (3), (4) or (5) of this section (whichever is apposite in the circumstances ) shall apply and may be given effect to."; (c) omitting subsection (3) and inserting in its stead the following subsections:- " (3) The Governor in Council may sell the land to the lessee at the purchasing price fixed by the Minister and, upon payment of such price, issue therefor to the purchaser a deed of grant in fee-simple. (4) The Governor in Council may sell the land to the lessee by way of demise to him for a term not exceeding ten years. The demise shall be subject to the following terms, conditions and provisions:- (a) the term of the demise shall be fixed by the Minister and shall commence on the day next following the date on which the Minister receives the lessee 's acceptance of the offer to sell; (b) with his acceptance of the offer to sell the lessee shall pay a deposit against the purchasing price in an amount fixed by the Minister and specified in the offer to sell and shall pay the balance of the purchasing price together with interest at the rate of five per centum per annum, calculated upon annual rests , on the amount of the balance remaining unpaid for the time being in equal annual instalments compounded of principal and interest; (c) the lessee shall pay the annual instalments on or before the day which is the anniversary in each year of the term of the date on which the term of the demise commenced; (d) the annual instalments (compounded of principal and interest ) of the balance of the purchasing price and interest thereon shall be payable as rent; (e) the lease issued in respect of the demise shall contain a covenant that, upon payment of all moneys payable in respect of the purchasing price and interest thereon, and all other moneys payable in respect of the purchase, the Governor in Council shall in the name of Her Majesty, grant in fee-simple to the lessee the and demised. The provisions of this Act applicable to land being purchased pursuant to Part VII of this Act shall, subject to this subsection, apply to land sold pursuant to this subsection. (5) In the case of town or suburban land comprised in a special lease at the date of the passing of the Land Acts Amendment Act 1968 (No. 2) or of country land, the Governor in Council, in addition to the powers conferred on him by subsections (3) and (4) of this section, may issue to the lessee a perpetual town lease, or a perpetual suburban lease, or a perpetual country lease of the land (according to the type of land) at an annual rent for the first period of ten years of a sum equal to three per centum of the unimproved value of the land as fixed by the Minister and subject to such conditions as the Minister thinks fit.";

382 Land Acts Amendment Act (No. 2) 1968, No. 49 (d) renumbering subsections (4), (5) and (6) as subsections (6), (7) and (8) respectively; (e) adding the following subsection:- " (9) The provisions with respect to maximum area of section one hundred and eighty of this Act shall not apply to a lease of any class of tenure issued pursuant to this section.". 23. Amendments to s. 235. Section 235 of the Principal Act is amended by- (a) in subsection (1), inserting after the words " as defined in " the words " subsection (2) of "; (b) adding the following subsections:- " (4) Notwithstanding the provisions of subsection (1) of section 54 and subsection (1) of section 91 of this Act, a person, with the permission in writing of the Minister first had and obtained, may acquire by transfer and hold a preferential pastoral holding or a selection or any interest therein as trustee for children, grand-children, or like descendants of his if, at the date of the creation of the trust, the beneficiary thereunder or, where there are more than one beneficiary, all of them are under the age of eighteen years. It shall be in the absolute discretion of the Minister whether he will grant or refuse to grant such permission. A trust permitted under this subsection shall be created by way of transfer of the holding or interest in question to the trustee upon the permitted trusts and a purported creation of such a trust in any other way shall be of no effect in law. (5) For the purposes of any provision of this Act imposing disqualifications against any person applying for or holding more than a prescribed area of land as a holding or holdings or any interest therein, a person for whom a pastoral lease or selection or any interest therein is held in trust shall, in addition to the trustee thereof (save as is prescribed by subsection (1) of this section), be deemed to be a lessee of the holding or selection or interest in question to the extent of his share under the trust.". 24. Amendments to s. 236. Section 236 of the Principal Act is amended by- (a) in subsection (1), omitting the words " not exceeding two months in all,". (b) in subsection (2), omitting the words " not exceeding two months in all,". 25. Amendments to s. 240. Section 240 of the Principal Act is amended by, in the proviso to subsection (I), (a) omitting paragraph (a); (b) re-lettering paragraphs (b) and (c) as paragraphs (a) and (b) respectively.

Land Acts Amendment Act (No. 2) 1968, No. 49 383 26. Amendments to s. 243. Section 243 of the Principal Act is amended by- (a) in subsection (1), (i) inserting after provision (e) the following provision:- (f) the quality and fitness of any part of the land comprised therein for agricultural or horticultural purposes;"; (ii) redesignating provision (f) as provision (g); (b) omitting subsection (2). 27. Amendment to s. 247. Section 247 of the Principal Act is amended by, in subsection (2), omitting from subparagraph (c) the words " twenty years " and inserting in their stead the word " years ". 28. New s. 262A. The Principal Act is amended by inserting after section 262 the following section:- " 262A. Destruction of cactus at expense of Crown tenant. (1) Without prejudice to the operation of any other provision of this Act. if after the expiration of the period specified in a notice issued under section 261 of this Act, the Commissioner or prickly- pear warden is of opinion that there is, on the holding mentioned therein, any Harrisia cactus, then the Commissioner or prickly-pear warden may authorize any person to enter upon such holding and there to take and do all such measures and things as the Commissioner or prickly-pear warden deems expedient to destroy such Harrisia cactus. Any person so authorized, may enter upon the holding in question together with assistants, vehicles and equipment and there remain and take and do all such measures and things as aforesaid. (2) The costs, charges and expenses incurred by the Commissioner or prickly-pear warden under subsection (1) of this section shall be recoverable from the Crown tenant of the said holding and payment thereof may be enforced in a summary way by complaint under The Justices Acts 1886 to 1965 or by action at the suit of the Commissioner or prickly-pear warden as for a debt due to the Crown in any court of competent jurisdiction. Such costs, charges and expenses shall, until payment is made, be and remain a charge upon the holding in respect of which they have been incurred in priority to all mortgages, charges, and encumbrances whatsoever, and notwithstanding any change that takes place in the tenancy of the holding, shall bind and may be recovered from the Crown tenant of the holding for the time being.". 29. Amendments to s. 269. Section 269 of the Principal Act is amended by- (a) omitting subsection (12) and inserting in its stead the following subsection:- " (12) Save with the consent of the Governor in Council first had and obtained, (a) a holding in respect of which an additional area has been granted shall not be transferred except together with the additional area;

384 Land Acts Amendment Act (No. 2) 1968, No. 49 (b) an additional area shall not be transferred except together with the holding in respect of which the additional area has been granted."; (b) in subsection (13)- (i) inserting after paragraph (c) the following paragraph:- " (d) During the first five years of the term of the lease of the additional area last granted in respect of a holding, the holding together with every additional area granted in respect thereof, or any interest in such holding together with every such area, may be transferred to the spouse or child of the lessee qualified under this Act to hold such holdings or interest."; (ii) redesignating paragraph (d) as paragraph (e). 30. Amendment to s. 274. Section 274 of the Principal Act is amended by, in subsection (1), omitting from subparagraph (c) the words " twenty years " and inserting in their stead the word " years ". 31. Amendments to s. 279. Section 279 of the Principal Act is amended by, in subsection (3)- (a) omitting from the second paragraph the words ", and to hold the proceeds of such sale, after deducting expenses, for the benefit of the persons entitled to the same "; (b) adding the following paragraph :- " The proceeds of sale of a holding pursuant to this section shall be disposed of by the mortgagee or, as the case may be, the Commissioner as follows:- (a) firstly, in payment of the expenses of such sale, (b) secondly, in payment of charges on the holding taking priority, according to law, over all mortgages. encumbrances and other charges, (c) thirdly, in payment of the moneys then due to the mortgagee, (d) fourthly. in payment of moneys then due to subsequent mortgagees, encumbrancees, and chargees in respect of the holding, (e) lastly, in payment to the mortgagor of any surplus.". 32. Amendments to s. 282 . Section 282 of the Principal Act is amended by- (a) omitting subsection (2) and inserting in its stead the following subsection:- " (2) An easement affecting Crown land or a reserve may be created by the Minister whether or not it is to be annexed to or used and enjoyed together with any other land. When the Crown in right of this State is to be grantor or grantee of an easement the instrument evidencing the same may be executed on behalf of the Crown by the Minister."; (b) omitting subsection (4) and inserting in its stead the following subsection:- " (4) An easement affecting a holding shall be registered on the instrument of lease of the holding and an easement affecting Crown land or a reserve shall be noted in the records of the Department relative to the land or reserve in question.

Land Acts Amendment Act (No. 2) 1968, No. 49 385 Upon such registration or notation the easement shall be an encumbrance on the holding or, as the case may be, Crown land or reserve affected thereby and shall run with the land in question.". 33. Amendments to s. 286. Section 286 of the Principal Act is amended by- (a) in subsection (2), omitting from subparagraph (c) the words " twenty years ". and inserting in their stead the word " years "; (b) in subsection (3), inserting after provision (c) the following provision:- (dd) ) a transfer or assignment of an interest of one-half or less in a holding to the spouse or a child of the lessee qualified under the Act to hold the same;"; (c) redesignating provision (d) as provision (e). 34. Amendment to s. 290. Section 290 of the Principal Act is amended by inserting after the words " under Part VII " the words " or of any person having an interest in a lease , or a purchase under that Part,". 35. Amendment to s. 296. Section 296 of the Principal Act is amended by inserting after subsection (2) the following subsection:- " (2A) The provisions of subsection (2) of this section do not apply with respect to a person who acquires or holds a holding therein referred to as agent or servant of a partnership or corporation- (a) comprised of (i) himself; and (ii) his spouse, children, grandchildren and like descendants of his or any of them, and no other; or (b) comprised of persons who are lessees of the holding in question and who rank pari passu to share in the profits of the partnership or corporation in the same proportions as they hold the holding in question, and no other.". 36. Amendments to Div. XI of Part X. The Principal Act is amended by repealing sections 306 to 321 (both inclusive) and inserting in their stead the following sections:- " 306. Resumption with compensation . (I) The Governor in Council may resume, by Proclamation published in the Gazette, the whole or any part of any holding. Where for any purpose it is sufficient to acquire an easement on a holding the Governor in Council may resume such easement and for the purposes of this Division such resumption shall, subject to this Division, be deemed a resumption of the part of the holding affected by the easement. (2) Upon the resumption of the whole or part of a holding under this section the lessee shall be entitled to compensation for the loss thereof as prescribed by this Division. 13

386 Land Acts Amendment Act (No. 2) 1968, No. 49 307. Resumption on behalf of constructing authorities other than Crown . (1) Subject to subsection (3) of section 5 of The Acquisition of Land Act of1967, the Governor in Council may, at the request of a constructing authority within the meaning of that Act (other than the Crown), make on its behalf under section 306 of this Act any resumption thereby authorized to be made by him. (2) Compensation and costs incurred by the Crown in respect of the making of a resumption on behalf of a constructing authority referred to in subsection (1) of this section or the discontinuance thereof shall be paid by the authority and, until paid in full, shall be a debt due and owing by the authority to the Crown and may be recovered in a court of competent jurisdiction. 308. Effect of resumption Proclamation . On and from the date of publication in the Gazette of a Proclamation- (a) pursuant to section 306 of this Act, (i) where land is thereby resumed, the land thereby taken shall vest in the Crown freed and discharged from all charges, claims, obligations, estates and interests and the entitlement of every person having a lawful estate or interest in the land shall thereby be converted into a right to claim compensation as prescribed by The Acquisition of Land Act of 1967; (ii) where an easement only is thereby resumed, the rights comprised in the easement shall vest in the Crown or, where such resumption is made on behalf of a constructing authority, shall vest in that authority, and every person having a lawful estate or interest in the land affected by such easement shall be entitled to claim compensation as prescribed by The Acquisition of Land Act of 1967; (b) pursuant to section 312 or 313 of this Act, the land thereby taken shall vest in the Crown freed and discharged from all charges, claims, obligations, estates and interests and the entitlement of every person having a lawful estate or interest in the land shall be converted into a right to claim compensation as prescribed by this Act. 309. Service of Proclamation . Forthwith after the publication of a Proclamation in the Gazette pursuant to section 306 of this Act the Minister shall cause a copy of the Proclamation to be .served on the lessee of the holding affected by the resumption and on the mortgagee (if any) of the holding. The omission to serve such a copy on any person shall not affect in any way the operation and effect of the Proclamation in question. 310. Application of provisions of Part IV of Act No. 48 of 1967. (1) The provisions of Part IV of The Acquisition of Land Act of 1967 and of all regulations made under that Act with respect to matters to which Part IV relates shall, with all necessary adaptations, apply- (a) with respect to the compensation payable upon a resumption made pursuant to section 306 of this Act. and to the claiming, determination and payment thereof, subject to subsection (3) of this section;

Land Acts Amendment Act (No. 2) 1968, No. 49 387 (b) with respect to the compensation payable upon a resumption made pursuant to section 313 of this Act or payable in any case referred to in section 314 of this Act save that the allowable compensation upon such a resumption or in any such case shall be limited to the compensation prescribed by this Act. (2) The provisions of Part IV of The Acquisition of Land Act of 1967 shall apply as prescribed by subsection (1) of this section subject to the following modifications- (a) the constructing authority shall in all cases be taken to be the Crown; (b) a reference therein to the owner of land taken shall be read and construed as a reference to the lessee of the land affected by the resumption; (c) a reference therein to the office of the Registrar of Titles shall be read and construed as a reference to the Department; (d) in lieu of the second paragraph of subsection (2) of section 24 thereof there shall be read the following paragraph:- " He shall make the reference by filing in the office of the Registrar of the Land Court copies of the claim delivered by him to the Crown and a Gazette copy of the Proclamation whereby the resumption was made." (3) Where a resumption is made in respect of a holding the tenure whereof has been converted to a new tenure pursuant to Division V of Part IV of this Act or the lease whereof is deemed a lease for a term of years pursuant to Division III of Part VII of this Act the compensation payable to the lessee in respect of the value of the land taken shall in no case he less than the compensation which would have been payable to him in respect of such value had the tenure not been converted or, as the case may he, the lease not been. converted to one for a term of years. 311. Discontinuance of resumption . At any time before the amount of compensation payable in respect of a resumption made pursuant to section 306 of this Act has been agreed upon or determined the Governor in Council may by Proclamation published in the Gazette revoke the Proclamation previously made in respect of the resumption and upon such publication the Proclamation so revoked shall be deemed to have never been made and land taken thereunder shall revest in the person or persons from whom it was resumed. Where a resumption has been discontinued the lessee of the holding concerned shall be entitled to claim compensation for any loss or damage occasioned to him and for any costs and expenses incurred by him in consequence of the resumption and prior to its discontinuance. Such loss, damage, costs and expenses shall he in such amount as agreed to by the Minister on behalf of the Crown and the lessee or, in default of agreement. as determined, upon reference by either of them, by the Court as if the resumption had not been discontinued and the allowable compensation upon the resumption were limited to the compensation payable under this subsection.

388 Land Acts Amendment Act (No. 2) 1968, No. 49 312. Resumption from pastoral holdings without compensation. (1) Subject to sections 65, 238 and 314 of this Act, the Governor in Council- (a) after the expiration of the first fifteen years of the term of the lease of a pastoral holding, may, by Proclamation published in the Gazette, at any time and from time to time resume without paying compensation therefor or for any item or factor associated with the resumption thereof any of the land comprised therein of an area or aggregate not exceeding one-third of the total area thereof; (b) at any time after the date specified in that regard in the relevant lease and from time to time, may, by Proclamation published in the Gazette, resume without paying compensation therefor or for any item or factor associated with the resumption thereof land comprised in a pastoral development holding of an area or aggregate not exceeding such area as was specified in that behalf by the Governor in Council when the land was opened for application or the lease was granted. (2) When it is intended to make any resumption under this section, the Minister, if he is unable to agree with the lessee concerned as to the part of the holding to be resumed, shall refer the matter to the Court, and the Court in determining the resumption shall observe in respect thereof the following provisions:- (a) The land to be taken shall be in one block, separated, when practicable, from the remainder of the holding by one straight line, and at least one-fourth of the external boundaries shall coincide with the original boundaries of the holding; (b) The average qualities and capabilities of the land to be taken shall be as far as practicable the same as the average qualities and capabilities of the whole holding; (c) In any case where the qualities and capabilities of different parts of a holding are unequal, an allowance may be made in the proportion of the total area of the holding which may be resumed under this section so as to ensure that the value of the part to be resumed (or, in the case of a second or subsequent resumption, aggregate of the values of the part to be resumed and of the part or parts already resumed) bears to the total value of all land comprised in the holding before the making of any resumption therefrom under this section, the same proportion as the total area authorized by this section to be resumed from the holding bears to the area thereof before the making of any such resumption; and the area to be resumed may be increased or decreased as necessary to effect such allowance as nearly as may be; (d) The part or parts which may be resumed shall not comprise the head station or the principal woolshed or principal water improvement upon the holding;

Land Acts Amendment Act (No . 2) 1968, No. 49 389 (e) So far as practicable, any land which, under the subsisting lease or under a prior lease, has been improved by the destruction of noxious plants shall be excluded from the resumption. The provisions of paragraphs (a), (d) and (e) of this subsection may be departed from, in whole or in part, if the Minister and the lessee so agree, or if the Court determines that the resumption cannot otherwise be made effectively, or if it appears to the Court to be necessary in the public interests so to do. 313. Reservations for public purposes not defined. (1) In every case of a lease which contains a reservation of part of the land comprised therein for public purposes, and specifies the area of the land reserved, whether or not the land reserved is described so as to identify it, the Governor in Council may, by Proclamation published in the Gazette, for any of the public purposes mentioned in the reservation, at any time and from time to time resume possession from the lessee- (a) where the land comprised in the reservation is identified by description, of any part of the land comprised in the reservation; or (b) where the land comprised in the reservation is not identified by description, of any part of the land comprised in the lease provided that the area or aggregate of the areas, possession whereof is so resumed, shall not exceed the area specified in the reservation. In respect of the land possession whereof has been resumed, no compensation whatsoever therefor, or for any item or factor associated with the resumption thereof, shall be payable except for improvements thereon. (2) The provisions of .subsection (1) of this section shall, with and subject to all necessary adaptations, apply to any pastoral lease or grazing selection the lease whereof is subject to a reservation with respect to the land contained therein or any part or parts of that land for, or for any purpose of or connected with, any works under and within the meaning of The Irrigation Acts 1922 to 1965. 314. Compensation for improvements . (1) Compensation shall be paid to the lessee by the Crown:- (a) upon any resumption of part of a pastoral lease under the provisions of section 312 of this Act, or of part of a stud holding pursuant to paragraph (f) of subsection (3) of section 73 of this Act, for any improvements on any part of the resumed land which is reserved and set apart for any public purpose or dedicated as a road; (b) upon the expiration of the term of a pastoral lease, or settlement farm lease, or grazing selection, or brigalow lease, or upon the surrender to the Crown of any of such leases, for any improvements upon any part of the land comprised therein which is reserved and set apart for any public purpose or dedicated as a road;

390 Land Acts Amendment Act (No . 2) 1968, No. 49 (c) upon a resumption pursuant to it condition of the lease , of the whole or part of the land contained in a special lease , for any improvements lawfully made upon the resumed land. (2) This section does not apply to improvements made by the lessee on a pastoral lease in contravention of the provisions of section 65 of this Act. (3) (a) This subsection applies subject to section 315 of this Act. (b) Compensation payable under this section shall be assessed at such sum as would fairly represent the market value of the improvements to a purchaser of the holding on which the improvements were situated if the purchase were under and for the term of the tenure whereunder the holding is or was held from the Crown. (4) The value of the improvements shall be assessed as at the date when the resumption took effect or the lease expired or was surrendered or, where an occupation license was issued to the claimant for compensation, as at the date of the determination or expiration thereof. (5) The provisions of this section shall extend to improvements made, with the approval of the Minister, or of the Court under the repealed Acts upon any part of the land comprised in an occupation license, where such part is, on expiration or determination of the license, set apart and reserved for any public purpose or dedicated as a road. 315. When destruction of trees, etc., deemed improvement. (1) For the purposes of the assessment of compensation payable under section 313 or 314 of this Act, the destruction of trees or the clearing of undergrowth and useless vegetation or any other developmental work which had the effect of increasing or maintaining the carrying capacity or productivity of land comprised in the holding or making it suitable for habitation. shall be deemed to be an improvement for which the lessee shall be entitled, subject to section 65 of this Act, to compensation in the event of the resumption of the land or the expiration or surrender of the lease within ten years after the date when such destruction, clearing or developmental work was effected: Provided that- (a) in no case shall the amount of such compensation exceed the actual cost of such destruction, clearing or developmental work less proper deduction for deterioration as at the date of resumption, expiration or surrender of lease, as the case may be; (b) the destruction of undergrowth and useless vegetation shall be deemed to have lost its utility for the purposes of this section, to the extent to which, after it has been effected, undergrowth or useless vegetation of any species is allowed to establish itself on the land so cleared.

Land Acts Amendment Act (No. 2) 1968, No. 49 391 (2) The provisions of subsection (1) of this section do not apply to the destruction of trees effected as part of the treatment of scrub in the course of cultivation. 316. Effect of part resumption upon rent. (1) Upon resumption of part of a holding under any provision of this Division, the lessee shall be entitled to a reduction of rent proportionate to the part resumed. (2) The Crown shall be entitled to deduct from any money payable to a lessee consequent upon a resumption or pursuant to section 314 of this Act, any money due to the Crown on any account whatsoever by that lessee. 317. Meaning of terms " lessee " and " holding ". For the purposes of this Division- (a) " lessee " includes- (i) in relation to an expired or surrendered lease, the lessee at the date of expiration or surrender thereof; (ii) a purchaser of land sold pursuant to Part VII; (b) " holding " includes land being purchased pursuant to Part VII. 37. Amendment to s. 344. Section 344 of the Principal Act is amended by, in provision (a), omitting the word " twenty " and inserting in its stead the words " seventy-five ". 38. Amendment to s. 366. Section 366 of the Principal Act is amended by, in subsection (1), adding the following paragraphs:- In no case shall the annual rent be less than six dollars. In respect of any road license subsisting at the date of the passing of the Land Acts Amendment Act 1968 (No. 2) the provision of the last preceding paragraph shall apply on and from the first day of January, one thousand nine hundred and sixty- nine.". 39. Amendment to s. 371. Section 371 of the Principal Act is amended by omitting the last paragraph. 40. Amendment to s. 375. Section 375 of the Principal Act is amended by, in subsection (2), omitting from paragraph (b) the words " Land Ranger " and inserting in their stead the words " Land Inspector ". 41. Application of this Act to subsisting leases. (I) Save as is prescribed by this section, no provision of this Act shall be construed to affect a lease which, at the date of the passing of this Act, is deemed, pursuant to Division III of Part VII of the Principal Act, a lease for a term of years (of whatever duration) or to affect the rights or obligations of the Crown or of the lessee of such a lease as at that date. (2) The lessee of a lease referred to in subsection (1) of this section may, by notice in writing lodged with the Minister within six months, or such extended period as the Minister, in his discretion, allows, after the date of the passing of this Act, elect to have the balance of the term of the lease extended by ten years whereupon- (a) the balance of the term of the lease shall be extended accordingly,

392 Land Acts Amendment Act (No. 2) 1968, No. 49 (b) the lessee of the lease shall, subject to subparagraph (c) of this subsection, pay the balance of the purchasing price (exclusive of any amount thereof which has become due prior to but remains unpaid at the date of the lodging of such notice) in equal annual instalments over the balance of the term of lease as so extended, (c) the rights and obligations of the Crown and of the lessee of the lease in respect of the purchase of the land comprised therein shall be governed by the provisions of the Principal Act as amended by this Act. This subsection applies only in respect of a lease of town or suburban land the term of lease whereof would be thirty years had the lessee applied under section 191 of the Principal Act as amended by this Act to have his lease deemed a lease for a term of years. (3) The provisions of subsection (3) of section 195 of the Principal Act as amended by this Act apply with respect to the rights and obligations of the Crown and of the lessee of any lease which, at the date of the passing of this Act, is deemed a lease for a term of years (of whatever duration). For the purpose of calculating, under that subsection, the present value of the purchasing price of land comprised in a lease the term whereof could have been, but has not been, extended pursuant to subsection (2) of this section the term of the lease shall be deemed to have been so extended. 42. Application of this Act to subsisting application under s. 191 of Principal Act. An application under s. 191 of the Principal Act which, at the date of the passing of this Act- (a) subsists; and (b) in respect of which the Minister has not received a notice of election to proceed as prescribed by subsection (1) of section 193 of the Principal Act, shall be deemed to be an application made under section 191 of the Principal Act as amended by this Act to have the lease therein referred to deemed a lease for a term of years and shall, in all respects, be subject to the provisions of the Principal Act as amended by this Act. 43. Power of Minister to extend period for purchasing commercial timber on converted leases . Within six months (or such longer period as the Minister, in his discretion, in a particular case, allows) after the date of the passing of this Act the lessee of a holding comprised in a lease converted under Division V of Part IV of the Principal Act who at that date is liable to pay the value of commercial timber thereon, or any part of such value, may apply to the Minister for an extension of the period within which he was, at that date, required by section 147 of the Principal Act to pay such value or part and the Minister may, in his discretion, extend such period as lie thinks fit but so that such period as extended shall be no more than doubled in duration. Where such an extension is made, the annual instalments payable by the lessee in question in respect of the value of such commercial timber shall be recalculated so that the amount of such value which has not become due and payable at the date of the passing of this Act shall be paid by him in equal annual instalments over the period as so extended.

Land Acts Amendment Act (No. 2 ) 1968, No. 49 393 44. Saving of application of Principal Act to subsisting resumptions, etc. (1) Without derogating from the operation of The Acts Interpretation Acts 1954 to 1962, where a resumption of the whole or part of a holding was made prior to the date of commencement of this Act and the matter of compensation payable in respect thereof has not been disposed of before that date or any question pertaining to the payment of compensation in respect of any matter arising under the Principal Act stands at that date to be disposed of the provisions of the Principal Act shall continue to apply with respect thereto as if this Act had not been passed: Provided that- (a) no right or claim to compensation shall become or be absolutely barred pursuant to section 311 of the Principal Act; (b) this subsection shall not revive any right or claim to compensation which at that date was absolutely barred pursuant to section 311 of the Principal Act.