Land Acts Amendment Act of 1909 (9 Edw VII No. 20) (Qld)

9474 LANDS. Land Acts Amendment Act. 9 Enw. VII. No. 20, LANDS. 9 Edw. VII. No. 20. An Act to Further Amend the Land Acts THE LAND ACTS [ASSENTED '10 8TH JANUARY, 1910.J BE AMENDMENT ACT OF 1909. it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows : - Short title and construction of Act. 1. This Act may he cited 'as "The Land Acts Amendment Act of 1909," and shall be read as one with " The Land Act, 1897,"* as amended by subsequent Acts, and the said Act as so amended is herein referred to as the Principal Act. .Amendment 2. The following provision is added to section twelve of s. 12. of the Principal Act : - P~ovided that the land comprised in any lease under this Act may be. sufficiently described by- means of a correct. map or plan, stating the necessary particulars, delineated upon the instrument of lease. Amendment 3. In the first paragraph of section thirty of the 5 o 2 f . 8B.30 and Principal Act and in the second parag'raph of section fifty- two of the said Act, after the word "witness," the words " and to require and compel him to bring and produce, for thc purposes of. evidence, all documents and writin~s in his possession or power" are respectively inserted; also, after the word "evidence," the words "or for neglecting or refusing to bring and produce any such documents or writings" are respectively inserted. 4. After section sixty-six of the Principal Act, the following section is inserted :- Determina- [66A.J The right of depasturing shall be determinable tion of right at any time with respect to the whole or any specified part by notice. of the land subject thereto by six months' notice given by the M.inister to the lessee; but nothing in this section shall affect the powers of determination conferred by the last preceding section. * 61 Vic. No. 25, supra, page 6228.

LANDS. 9475 190f). Land Acts Amendment Act. 5. (1.) In the first paragraph of section seventy-five Amendment of the Principal Act, after the words "surveYf'd lands," ~ ~ . ss. 75 and the words" or as designed lands" are inserted; and the following words are added to the said paragraph :- The term "designed lands" means lands which, before actual survey, have been divided into portions, and the said portions whereof have been indicated on proper maps or plans. (:1.) Section seventy-eight of the Principal Act is repealed, und the following section is inserted in lieu thereof:- f78.1 Before any land is proclaimed open for selection Designed as designed lands, the Minister shall cause the land to be lands. divided into portions, and the position of such portions to be indicated on proper maps or plans. After the Proclamation, the delineation of the portions on the maps or plans shall be deemed to be a survey of the land, and the portions shall be deemed to be surveyed portions for the purposes of this Part of this Act: Provided tllat- (a) The application for a portion shall not be appt'oved by the Court until the land has been actually surveyed; and (b) The land which the applicant shall be entitled to occupy on receiving from the Commissioner the license hereinafter mentioned shall be the land comprised in the application according to the boundaries as defined by the actual survey. 6. (1.) The following subsection is added to section Amendment seventy-nine of the Principal Act :_ of B. 79. [8.J In the case of a Grazing Selection the Proclama- Noxious tion may state that during the first period of seven years the , , ; ee~ s 01' rent payable shall be either nominal or such rent to be pan s. specified as will encoUl'age the selector during such period to do the work necessary for the destruction and prevention of the increase of specified noxious weeds or plants upon the selection. (2.) After section one hundred and sixteen of the Principal Act, the tollowing section is inserted:- [116A.] (1.) The selector of a Grazing Selection which Grazir:g has been proclaimed open for selection under subsection S~ ltelctlOll. • •• •• Wl 1 nOXIOUS eight of $echon seventy-nme of thIS Act shall, wIthm such weeel.B. period not exceeding seven years from the issue of the condlho,,-s. license as the Governor in Council may declare by

9476 LANDS. Lal1d Acts Amendment Act. 9 EDW. vII. No. 20, Proclamation, entirely eradicate and destroy all specified noxious weeds and plants on the selection, and in the performance of this condition shall in each and every year eradicate and destroy such noxious weeds and plants to an extent proportionate to the period allowed for the entire eradication and destruction of the same, and shall within 'such period apply to the Commissioner for a certificate that he has performed this condition. Upon such application being made, the Commissioner, or some other fit and proper l)or80n appointed by the Governor in Council, shall inspect the selection; and if it is found that the said condition has been performed, the Commissioner shall certify the fact to the Minister, and shall in any case pronounce his decision on the application in open court. . Appea~ f;om If the Commissioner refuses to give a certificate in tCoomthme iOssoiuornter favour, of the selector ' h . e J ma" , within the prescribed time , . appeal to the Court from the decision of the Commissioner, and if the appeal is allowed the Commissioner shall give the certificate. (2.) During the remainder of the term the selector shall keep the selection entirely free from noxious weeds and plants. Consequences (3.) Upon a breach of any of the provisions ·of this opfernfoortming section, the license or lease, as the case may be, shall, condition. subject to the provisions in respect of forfeiture herein contained, be fOJ·feited; and thereupon the selection shall revert to the Crown. Amendment .of s. 85. 7. In section eighty-five of the Principal Act, as amended by section fifty-eight of " Tile Land Act, 1902,"* a·fter the word" acquire," where it twice occurs, the words " or hold" are inserted; and the said section eighty-five, as so amended, shall be read and construed as if the said words were inserted therein at the date of the passing of the Principal Act and by " The Land Act, 1902."* 8. After section ninety-six of the Principal Act, the following section is inserted :- Land open [96A.J For a period of four weeks after the date fOf g; ~zi~g b on which land has become open for grazing selection such ! ~ : i~ al~ l~ ~ e land shall be available only for s~ lection as a Grazing :rst fo: d Homestead. If at the expiration of that period such . ( ) ~ ~ ~ s ea ~ land has not been applied for, it shall for a further period of four weeks be deemed to be withdrawn from selection. *' 2 Edw. VII. No. 18, supra, page 8313.

.. LAND • S. 9477 1909. Land Acts Amendment Act.. And from and after the expiration of such further period such land shall be available only for selection as a Grazing Farm. repea 9 le . d S. ection ninety-seven of the Principal Act is ~ Re n peal of 10. In the first paragraph of section one hundred of A.mendment the Principal Act, th.e words "Grazing Selection" are of s. 100. repealed, and the words "Grazjng Farm" are inserted in lieu thereof. . 11. The following provision is added to section one ~ me~ %~ ent hundred and three of the .Principal Act; and the said 0 8. • . section shall be read and construed as if the said provision were inserted therein at the date of the passing of the Principal Act:- Save as is herein otherwise provided, all the provi- sions of this Part of this Act relating to a selection and the lease and lessee thereof shall be applicable to the selection and the selector thereof during the currency of a license to occupy issued under this section. 12. (1.) After section one hundred and seventeen of the Principal Act, the following section is inserted:- le. ft [b 1 y 17 a A n . y ] TdehceeaMseindispteerr, soifn sa b t e i~ m fi g ed ththeatsealewcitlolrhaosf b a ee n n y ~; c ~ er : ta : i ~ n ~ c ! as ~ e i s n selection undpr the repealed Acts or this Act, and that no wit~ out probate of such will and no letters of administration with ~~:::. the will annexed of the lands or goods of such person has tion. or have been taken out within six months after the death of such person, or that no will has been left by such person, and that no letters of administration of the lands or goods of such person have been taken out within such time as aforesaid, and if also satisfied that the value of the estate of such person does not exceed· two hundred pounds, may cause transmission of such selection to be entered up in the records of the Department of Public Lands in favour of the person or persons who would have been entitled, upon the grant of such probate ot' letters of administration with the will annexed or such letters of administration, as the case may be, to be onteredup as the selector of such selection. Thereupon the person or persons in whofile favour such transmission is entered up shall have all the rights, powers, and liabilities in respect of such selection as he, she, or E

9478 LANDS. Land Acts Amendment Ae<t. 9 Enw. VII. No. 20, they would have had upon obtaining a grant of probate of the will or letters of administration with the will annexed or letters of administration of the estate of such deceased person. (2.) Section one hundred and forty-six of the Principal Act, as amended by section fifty-eight of " The Land Act, 1902,"* is repealed. Amendment 13. The proviso to section one hundred and twenty- of s. 121. one of the Principal Act, as enacted by section six of " The Lands Acts Amendment Act of 1905,"t is repealed, and the following proviso is inserted in lieu thereof;- Provided that nothing in this section shall be con- strued so as to permit the condition of occupation in respect of- (a) An Agricultural Farm, the selectOl' of which has obtained priority under section 95A of this Act, or an Agricultural Farm which is subject to the provisions of Subdivision X. of this Part of this Act, being performed in any manner except as prescribed by subsection 5A of section one hundred and thirty-two of this Act; or (b) An Agricultuml Farm, the selector of which has obtained priority under section seven of "The Agricultural Lands Purchase Acts Amendment Act of 1901, " ~ being performed in any manner except as prescribed by the said section seven. Amendment 14. (1.) In section 121A of the Principal Act, as of S. 121A. enacted by secti9n five of "The Land Acts Amendment Act of 1~ 05, " t the words "in open court" where they twice occur are repealed; also, the words "Agricultural Farms" are repealed, and the word "selections" is inserted in lieu thereof; also, the words "any of the selections so held" are repealed, and the words "one of the selections so held in respect of which selection occupation is required under this Act" are inserted in lieu thereof. Repeal of (2.) Sections one hundred and forty-seven and one J 8 t S n . d14175,31. 48, hundred and forty-eight of the Principal Act, and section one hundred and fifty. three of the Principal Act, as amended by section fifty-eight of " The Land Act, 1902,"* are repealed. • 2 Edw. VII. No. 18, supra, page 8313. t 5 Edw. VII. No. 28, supra, page 8891. :I: 1 Edw. VII. No. 9, supra, page 8133.

LANDS. 9479 1909. Land Acts Amendment Act. . 15. rrhe proviso to section one hundred and twenty- Amendment two of the Principal Act, as enacted by section six of " The of s. 122. Land Acts Amendment, Act of 1905,"* and the further proviso to the said section, as enacted by section five of " The Land Acts Amendment Act of 190tl,"t are repealed, and the following proviso is inserted in lieu thereof; and the said section one hundred and twenty-two shall be read alld construed as if the proviso hereby enacted were inserted therein at the date of the passing of the Principal Act: Provided that nothing in this section shall be con- strmid so as to permit the condition of occupation in respect of- Ca) An Agricultural Farm, the selector of which has obtained priority under section 95A of this Act, or an Agricultural Farm which is subject to the provisions of Subdivision X. of this Part of this Act, being performed in any ma,nner except as prescribed by subsection 5A of section one hundred and thirty-two of this Act; or (b) An Agricultural Farm, the selector of which has obtained priority under section seven of" The Agricultural Lands Purchase Acts Amendment Act of 1901, " ~ being performed in any manner except as prescribed by the said section seven; or (c) An Agricultural Homestead being performed in any manner except as prescribed by subsec- . tion five of section one hundred and thirty-seven of this Act; or {d) A Grazing Homestead being performed in any manner except as prescribed by subsection one of section one hundred and fifty-four of this Act; or (e) A Prickly Pear Selection, the selector of which has obtained priority under section !)5A of this Act, being performed in any manner except as prescribed by subsection four of section 162E of this Act, or a Prickly Pear Selection which is subject to the provisions of Subdivision X. of this Part of this Act, being performed in any manner except as presoribed by subsection two of section 1628 of this Act. 11 5 Edw.VII. No. 28, supra, page 8891. t 8 Edw. VII. No. 14, supra, page 9277. ~ 1 Edw. VII. No. 9, supra, page 8133. .... -- - - - - - - - - - - ~ - - - . . ; . ; . ; ; . . . -

9480 Land Acts Amendment Act. 9 EDW. VII. No. 20, Amendment 16. In section 161B of the Principal Act, as enacted of s. 16IB. by sect.ion fifteen of ~ , The Land Acts Amendment Act of 1905,"* before 1he words" Agricultural Homestead," the words" Agricultural Farm or" are inserted. Amendment 17. The following provision is added to the first para- of S. 162D. graph of section 162D of the Principal' Act, as enacted hy section fifty of" The Land Act, 19()2"t :- . If only one effective application is made and such application is accompanied by a tender, the applicant shall, if otherwise qualified, 'Oe decmed to be the successful applicant; and the purchasing price payable by him shall be the amount specified by him in his tender instead of the purchasing price specified in the Proclamation. After the third paragraph of the said section, the following' provision is imerted:-- 'fhe person declared to he the ~ uccessful applicant, whether by reason of his having lodged the highest tender or after a determination by lot, shall forthwith pay to the Land Agent a sum of money equal to one-tenth part of the amount specified in his tender as the purchasing price of the land, calculated according to the total acreage thereof; and if he fails so to do, his application and tender shall forthwith be rejected. . Amendment 18. (1.) The following provision is added to section of S. 95A. 95A of the Principal Act, as enacted by section forty of "The Land Act, 1902"t:- Applicants Witli respect to applications for Prickly Pear Selec- ;:a;rickl y tions, an applicmt who in making his application declares Selections in writing that he undertakes to continuously and bona fide : ~ ~ ertake to occupy the land by personally residing thereon during the reside for fin first five years of the term of the lease shall be entitled to pyer?lo- rrsI. thya. ve priority • Amendment (2.) In the first paragraph of section 162n of the of s. 162D. Principal Act, as enacted by section fifty of " The Land Act, 1902,"t after the words" ninety-five", the words" and section 95A" are inserted. (3.) The following subsection is added to section 162E of the Principal Act, as enacted hy section fifty of "The Land Act, 1902 "t :- As to • (4.) The condition of occupation to be performed by soeclceucptoartIsown hbov every ] essee wh 0 has 0 bta' mcd prI.OrI' ty by undert akl' ng t 0 ha!e .obtained continuously and bona fide occupy the land durinO' the ~ ~ ~ : ~ k~ ~ g first five years of the term of the lease shall be perfo~ med to personally _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ reside. .. 5 Ed'W. VII. No. 28, supra, page 8891. t 2 Edw. VII. No.18, 8upra, page 8313. I

LANDS. 1909. Land Acts Amendment Act. by the continuous and bona fide personal residenc~ of the lessee on the land during such period: Provided that, if the original lessee dies before the expiration of such period, the condition of occupat.ion m~ y be performed by the continuous and bond .fide residence on the land for the remainder of such period by some person beneficially interested in the land under the will, or as one of the next-of-kin, or a~ the widow of the original lessee, or of some other person who is the actual and bona fide manager or agent of some person so interested for the purpose of the use and occupation of the land, and whose appointment is made and registered in manner hereinbefore prescribed, whether such other person is or is not himself qualified to select similar land: Provided further that, if the original lessee becomes insane before the expiration of such period, the Court may allow the condition of occupation to be performed by the continuous and bomJ fide residence upon the land of the wife or some other member of the family of such lessee, or of some other person who is the actual and bona fide manager or agent of his wife or other member of his family, and whose appointment is made and registered in manner hereinbefore prescribed, whether such other person is or is not himself qualified to selec~ similar land. If at any time during such period it is proved to the satisfaction of the Commissioner that there has been a failure to perform the condition of occupation; the Minis- ter may (subject to the provisions in respect of forfeiture hereinbefore contained), by notification in the Gazette, declare the lease absolutely forfeited and vacated; and thereupon the. selection shall revert to the Crown. The lessee shall not during such period mortgage, . assign, or transfer the lease or his right, title, or interest thereunder to any other person. Upon any such mortgage, assignment, or transfer, whether by operation of law or otherwise (except in case of the insanity of the lessee), the lease shall be forfeited; and thereupon the selection shall revert to the Crown. The lessee shall not be entitled under the last preced- ing subsection to have the whole term of the lease shortened so as to be for a term of less tha.n five years. ," (4.) The-provisions of this section shall come into operation on and after the fir!;t day of March, one thousand nine hundred and ten. " 9481 ..f,

9482 LANDS. Lond Acts Amelldment Act. 9 Enw. VII. No. 20, Repeal of certain enactments. 19. "Tlte Special Selections Act of 1901,"* "The Special Agricult1/,ral Selectio1ls Act of 1~ 04, " t section forty-three of" The Land Acts Amendment Act of 1905,"; and section twenty of " The Land Acts Amendment Act of 1908"§ are repealed. . All Proclamations of lands open for selection under the enactments hereby repealed shall he deemed to have been also made for the purposes of Subdivision X. of Part IV. of the Principal Act, hereinafter enacted. ' All lands applied for and held under the enactments hereby repealed shall be deemed to have been applied for and to be held, and shall be held and dealt with, under the said Subdivision X. All Regulations made under the enactments hereby repealed shall continue in force and shall be applicahle to selections applied for and held, or deemed to have been applied for and to be heM, under the said Subdivision X., and to the selectors thereof, until varied or superseded by other Regulations made under this Act. 20. After Subdivision IX. of Part' IV. of the Principal Act, the following sections are inserted under the following heading, and such sections shall in the Principal Act bear the numbers respectively assigned to them in square brackets:- Subdivision X.-Group Selections. o Pw f rho l i a cc n lha d mt s ha t i o tsion to tim [1 e 6 , 2 b p y .} P ( r 1 o . c ) laTmhaetiGono, vdeerncolarreinaCnoyu c n o c u il nt m ~ a y ylafnrodms ttoimbee a S p u p b l l i l e iv s i . sioJ: open for selection as- (a) Agricultural Homesteads; or (b) Agriculturall!'arms; or (c) Prickly Pear Selections; or (d) ~ erpetual Lease Selections; or (e) Grazing Homesteads; or (f) Grazing l!'arms to be held in conjunction with Agricultural Farms- under this Subdivision by members of the body of settlers in the Proclamation specified. , (2.) Notwithstanding the provisions of section eighty- three of this Act, such Proclamation declaring the lands mentioned tberein open for selection as Agricultural Home- st.eads need not also declare such lands to be also open for selection as Agricultural Farms. • 1 Edw. VII. No. 12; supra, page 8150. t 4 Edw. VII. No. 12, Bupra, page 8726. t 5 Edw. VII. No. 28, supra, page 8891. § 8 Edw. VII. No. 14, supra, page 9277.

LANDS. 9483 1909. Land Acts Amendment Act. (3.) Such lands shall remain open for selection under this Subdivision for such time as may be declared' by Proclamation. During such time such lands shall be open to be selected only by persons who shall, at the time and in the manner prescribed, furnish to the Oommissioner proof that . they are members of the body of settlers for whom such lands have been set apart. [162Q.] (1.) No Agricultural Homestead to be selected Maximum under this Subdivision shall exceed three hundred and areas. . twenty acres. No person 'shall at the same time apply for or hold two or more such Homesteads under this Subdivision the ag'gregate area of which exceeds three hundred and twenty acres. (2.) No Prickly Pear Selection to be selected under this Subdivision shall exceed two thousand five hundred and sixty acres. No person shall at the same time apply for or hold two or more such selections the aggregate area of which exceeds two thousand five hundred and sixty acres. (3.) No Grazing Homestead to be selected under this Subdivision shall exceed three thousand acres. No person shall at the same time apply for or hold two or more Grazing Homesteads under this Subdivision the aggregate area of which exceeds three thousand acres. (4.) No Grazing Farm selected under this Subdivision to be held in conjunction with an Agricultural Farm shall exceed two thousand acres, and the total aggregate area of the Agricultural l!'arm and t.he Grazing Farm held in conjunction therewith shall not exceed three thousand two hundred and eighty acres. [16.2R. ] The Governor in Oouncil may by Proclamation Townships. set apart any Orown lands in the vicinity of the lands open for selection under this Subdivision as 'l'ownships, and may cause the whole or any part of such lands to be sub- divided into portions for purposes of residence. The area of any portion shall not exceed ten acres. Any selector of a selection under this Subdivision shall also be entitled to one of the portions in such a 'rown- ship, which portion shall, for the purposes of this Act, be deemed to be a part of the Selection, so that the--eon- dition of occupation may be performed by the residence of the selector either upon the selection or upon the portion in such rrownship.

H484 LANDS. Land Acts Amendment Act. 9 EDW. VII. No. 20, The area of the portion in such Township shall not, however, be taken into consideration in estimating the maximum area which a selector may npplv for or hold. Condition of ,1628.J (1.) During the first five years of the term occupation. of the lease of an Agricultural Farm (including an Agd- cultural Farm held in conjunction with a Grazing Farm) or a Perpetual Lease Selection selected under this Sub- . division, the condition of occupation shall be performed by the continuous and bona fide personal residence of the lessee on the selection; and subsection 5A of section one hundred and thirty-two of this Act shall accordingly be applicable. This subsection shall not apply to Agricultural Farms applied for before the twentieth day of December, one thousand nine hundred and five. (2.) Subject to the provision next hereinafter con- tained, the lessee of a Prickly Pear Selection selected under this Subdivision shall occupy the land during the first five years of the term of the lease; such condition of occupation shall be performed by the continuous and bona fide personal residence of the lessee on the selection; and during such period, subject to the following proviso, subsection four of section 162E of this Act shall be applicable to every such Prickly Pear Selection: Provided that the Land Court may, upon application by the lessee of such Prickly Pear Selection, grant to him an exemption from the condition of personal residence as aforesaid for any period not exceeding thirty months from the date of the commencement of the lease. In determining the period of such exemption, the Court shall be guided by the extent to which the land is infested by prickly pear. Every such exemption shall be granted upon the following conditions :- (a) That the selector will promptly begin the eradication of prickly pear on the land, and will~ during the whole period of the exemption, systematically and continuously eradicate the same; (b) That, during the whole period of exemption, the lessee will occupy the land by the continuous residence thereon of some other person who is, hy appointment in writing, constituted by the lessee his actual and bona fide manager or agent for the purpose of the use and occupa- tion of the land, and whose appointment is duly registered in the office of the Commissioner;

LANDS. 91,85 1909. Land Acts Amendment Act. (c) That, after the expiration of the period of exemption, the lessee will, during the next ensuing period of five years of the term, occupy the land by his personal residence thereon as hereinbefore pl'ovided ; (d) That the lessee will not, during such period of exemption and such period of five years, mort- gage, assign, or transfer the lease or his right, title, or interest thereunder to any other person; and . (e) That, upon a breach of any of the aforesaid conditions, or upon any such mortgage, assign- ment, or transfer, whether by operation of law or otherwise (except in case of the insanity of the selector), the lease shall, subject to the provisions in respect of forfeiture hereinbefore contained, be forfeited; and thereupon the selection shall revert to the Crown. [162'1'.J Kotwithstanding anything in this Act, when Lots. not the Proclamation opening the land for selection so declares, ~ r~ ~ ; l£ ~ o: : ld lots which are not contiguous may be appli0d for and held as on~ as one selection under this Subdivision. selectIOn. [162u.J Save as in this Subdivision is provided, all Applieation the provisions of this Act ~ pplicfl ble to selccti.ons of the ; ~ogvi~ f:: !. respective classes herein mentioned shall respectively be applicable to selections of those classes when applied for, selected, or held under this Subrlivision. 21. (1.) In the third paragraph of suhsection three of Amendment section one hundred and sixty-foul' of the Principal Act, of s. 164. the word "Proclamation" is repealed, and the word "notification" is inserted in lieu thereof'. (2.) In subsection nine of the said section, the words "the rent shall abate in proportion" are repealed, and the words" the license shall as to such part be thereby deter- mined, and a reduction shall be made in the rent propor- tionate to the area i.ielected, reserved, leased, or sold, and any payment made in advance in respect of such area shall be refunded to the licensee" are inserted in lieu thereof. (a.) In subsection eleven of the said section, the words "at the end of any year" are repealed, and the words" at any time with respect to the whole or any specified part of the land subject to the license" are inserted in lieu thereof.

9486 LANDS. Land Acts Amendment Act. 9 EDW. VII. No. 20, (4.) 'Jhe following words are added to the said subsection: "1" otbing in this subsection shall affect the powers of detprmination hereinbefore conferred." (5.) In subsection thirtpen of the said section, the word "lease" is repealed, and the word "license" is inserted in lieu thereof. 22. After section one hundred and eighty-two of the Principal Act, the following section is inserted ;- Perfecting [182A.l ·When an advance bas been made by any sheoclduirnitgysover person upon t 1 le security 0 f a mortgage of a b 0 Idm' g th e a w scu h qb c U ~ se f Irq r eu e de e n h t ol to d f b reeeahcoqlUd I . wrehderferoofmmtahyeuCndroewr nth, iasnAd ctthoer tdheeedreopfeagleradnAt c I . t I s I mortgage. respect of such holding hns been (::x('cuted, it shall be the duty of the proper officer of the Department of Public Lands to transmit to the Registrar of 'ritles an office copy of the entry in the register of mortgages kept in the said Department relating to such mortgage, and, unless by the • consent of the mortgagee, the said deed of grant shall not while such mortgage is in existence be issued. tu the grantee, nor shall he have any right or title to demand the same, nor shall any dealing with such land be registered in the books of the office of the Hegistrar of Titles, until a bill of mortgag~ of the freehold has been executed under 'i The Real Property Acts, 1861 to 1857,"· containing such covenants and provisions as are proper to secure payment of ·the amount of the advance, together with interest then unpaid. For this purpose it shall he the duty of the proper officer of the Department of PuLlic Lands to give ilOtice to the mortgagee that such deed of grant has been executed, and stating the full name and address of the grantee, whereupon the mortgagee may give notice to sueh grantee, according to the adoress so stated, to execute such mortgage in his favour; and if such grantee or his successor in interest fails within thirty days after such notice as last aforesaid to execlltc such mortgage, then the mortgagee may and he is hereby empowered to execute such mortgage in the name and on behalf of the grantee, and such. mortgage shall be binding against all claimants, not- withstanding any error in the address or the notice, and notwithstanding the detlth, insolvency, insanity, minority, or other disability of the mortgagor or any such successor. The Registrar of 'l'itles shall upon production register every such bill of mortgage so executed by such grantee "25 Vie. No. 14, supra, p"ge 2148; 41 Vie. No. 18, supra, p~ ge 2196; 48 Vie. No. 4, supra, page 2206; 51 Vie. No. 3, supra, page 2207.

LANDS. 9487 1909. Land Acts Amendme11t Act. lSr his successor in interest or the mortgagee, and shall duly endorse the deed of grant accordingly. The mortgagee shall be entitled to receive and retain possession of every such deed of grant while snch mortgage is in existence. When the Faid deed of grant has been issued, the Registrar of Titles shall notify the fact to the proper officer of the Department of Public Lands by endorsement upon the office copy of the entry sent to him as aforesaid, and such endorsement shall be sufficient authority to the said officer to cancel the entry relating to the mortg-age of the holding in the register of' mortgages kept in the said Department. All costs and expenses occasioned in giving effect to this section shall be borne by the mortgagor, and may, if the mortgagee thinks fit, be added to and become part of the mortgage debt. In cases where a corporation or joint stock company is the mortg'agee, all the powers and authorities conferred upon a mortgage&by this section shall be exerciseable by the general manager or duly constituted attorney of such corporation or company. In this section the term "Registrar of Titles" includes a local Deputy Registrar of 'fitles. , 23. After section two hundred and fifty of the Principal Act, the following section is inserted :- [250A.] Notwithstanding anything to the contrary Trans,fer?f contained in this Act, if the original selector of an Agri- S!~ ~~~ ~~~ ~s cultural :Farm held subject to subsection fA of section one ~ n de~ th or hundred and thirty-two of tbis Act , or an AO b 'ricultural smelseacmtotry. of Homestead, or a Grazing Homestead, or a Prickly Pear Selection held subject to subsection four of section 162E of this Act, dies or becomes insane before the expiration of the period during which the assignment or transfer of the selection is prohibited, the Court nmy, on an application in that behalf made hy the personal representative of the deceased selector or the Ourator in Insanitv or committee of the insane selector, as the caf:e may be, ~ approve of the transfer of the selection to a qualified person. 24. Subsection eleven of section two hundred and Amendment sixty-one of the Principal Act is repealed; and the follow- of 8. 261. ing subsections are inserted in lieu thereof :- [(11.) ] Where tendering for land is authorised, pre- scribing the manner in which applicants may lodge tenders.

9488 LANDS. Land Acts Amendment Act. 9 Enw. VII. No. 20, [(llA.)] Prescribing the manner in which applicant-; for selections under Subdivision X. of Part IV. (if this Act shall give proof of their qualification to become seleetors, and prescribing sueh other matters and things as may be necessary to give effect to the said Subdivision. Pa~ toral leases, how forfeited. 25. (1.) If at any time it is reported to the Minister that any lessee of Crown lands under any lease subsisting at the date of the passing of this Act or hereafter to be granted, other than a selector of a selection, has committed any breach of the covenants or conditions of his lease other than non-payment of rent, or is otherwise holding his land in violation of any of the provisions of the Act pursuant to which the lease was granted, the Minister may refer the question to the Land Court. Every such reference shall be in writing, and shall state the matters in respect oE which the lessee is allege4 to have committed any breach, or in respect of which the provisions oE the said Act are alleged to have been violated. Thereupon the Court shall cause to be served upon the lessee, either personally or hy posti;g it addressed to him at the holding, a notice in writing specifying the matter for inquiry, and calling upon the lessee to show cause in relation to the matter at the sitting of the Land Court held at t he place to be specified in the notice next after the expiration of sixty days from t.he service of tl!e notice. rrhe Land Court shall proceed to hear and determine the question so referred to it at the said sitting of the Court, or at some adjournment thereof, and for that purpose the provisions of Part I L of the Principal Act, including the provisions relating to appeal, shall be applicable. If upon the final decision of the question so referred any such breach or violation as aforesaitl is established, the -Governor in Council may, by notification in the Gazette, declare the lease absolutely fot'feited and vacated, and thereupon the holding shall revert to the Crown. (~.) Section twenty-one of "The Land ActlJ Amend- ment Act of 1908"* is repealed, and section 15A of " The Land Act, 1902,"t shall be read and construed accordingly. Eradication of 26. 1Vhere by the provisions, requirements, or condi- tporibcekly pear tions of any Act, including this Act, or of any lease consistently subsisting at the date of the passing of this Act or here- maintained. after to be granted, a lessee is bound to eradicate or destroy or proceed with the eradication or destruction of I> Edw. VII. No. 14, supra, page 9277. t ~ Edw. VII. No. 18, supra, page 8313.

LANDS. 9489 1909. Land Acts Amendment Act. °pric~ ly pear during any year of the term of a lease, it is hereby declared that the lessee shaH be bound to carry out such eradication or destr:uction in equal proportions during each half of such year. 27. (1.) Notwithstanding that by tlle provisions, Eradication of covenants, or' conditions of any lease of Crown lands sub- prick~ y.pear s . ls . tmg a t t1le date of· tlle pass.mg 0 f tt l ' lS A C t or I lerea i 0 t er olenaesXehlos. lmdsg. to be granted the lessee is not bound to eradicate or destroy prickly pear on the land comprised in such lease,''' the Minister may at any time give notice in writing to the lessee requiring him to entirely eradicate and destroy the prickly pear on the land comprised in such lease within such period not eoxceeding ten years from the date of such notice as the Land Court shall allow as sufficient for the purpose.. (2.) The question of the period to be so allowed shall in every such case be referred to the Land Court by the Minister, and shall be heard and determined by the Land Court in the same manner as an inquiry by such Court under the Principal Act is heard and determined, and for that purpose the provisions of Part 11. of the Principal Act shall be applicable. 0 (3.) Within three months after the receipt of such notice from the Minister, the lessee shall be entitled to surrender the l.ease of any part of the land comprised therein, not being less in area than one-fourth of the whole area, and having such shape as the Minister approves. Upon such surrender the following consequences shall ensue:- (i.) The lease shall be amended so as to exclude the part so surrendered; and (ii.) The I"ent shall proportionately to acreage be reduced; and . (iii.) It shall be a condition of the amended leaee that the lessee shall, within a period equal to . one-half of the period allowed as aforesaid by the Land Oourt in respect of the whole holding t entirelyeradicateand destroy the prickly pearon the land comprised within the amended lease t and in the performance of this condition shall in each and every year eradicate and destroy such prickly pear to an extent proportionate to the period allowed for its entire eradication and destruction, and shall thereafter during the remainder of the term keep the whole of such land free from prickly pear; and

9490 LANDS. Land Acts Amendment Act. 9 EDW. VII. No. 20, (iv.) The provisions of section twenty of" The Land Act, 1902,"* shall be applicable to any improve- ments which at the date of the surrender are situated upon the part so surrendere~ . (4.) If the lessee does not exercise ltis option to surrender part of the land comprised in his lease as last hereinhefore provided, it shall be a condition of his lease that .the lessee shall, within the period allowed as aforesaid by the L:md Court, entirely eradicate and destroy the prickly pear on the land comprised within his lease, and thereafter during the remainder of the term keep the whole of such land free from prickly pear. (5.) In every case, upon a breach of the aforesaid condition, the lease shall, subject to suoh provisions in -respect of forfeiture contained in this Act or in the Princi- pal Act as are applicable, be forfeited, and thereupon the holding shall revert to the Crown. Amendment 28. In subsection two of section 15A of " The Land oAfctS. o1f51A90o2f. Act, 1902,"* as enacted by section thirty of " The Land Acts Amendment Act of 1~ 05, " t before the words ., the lease", the words "every application therefor and to" are inserted. Tim? for 29. Every request to the Minister under section : ~ ~~ ~funder twenty-one of " The Land Act, 1902,"* by the holder or 6.21 of Act former holder of a pastoral lease for the purpose of enabling of 1902. him to select land on his holding after the expiration of the lease thereof shall in the case of existing leases be made before the expiration of the lease, and in the case of expired leases be made within six months after the passing of this Act; otherwise any such request shall not be enter- tainetl. A.mendment 30. In the second paragraph of subsection two of ofs.390fAct section thirty-nine of "The Land Acts Amendment 4iJt of of 1905. 1905,"t after the words "Governor in Council ", the words "and without any further notice or l)rOcess" are inserted. The following provision is added to the said subsection :- Onus of proof In every case after the lapse of sixty days from the : ~ !, pliance giving of a notice as aforesaid, calling for a compliance with Act. with the provisions relating to the eradication and destruc- tion of prickly pear, the burden of proof that the said provisions have been duly complied with shall rest upon the tenant and mortgagee to whom the said notice was given, and, if satisfactory proof of such compliance is not .. 2 Edw. VII. No. i8,aupra,page 83H. t 5 Edw. VII. No. 28, 8upra,page 8891.

LANDS. 9491 1909. Land Acts Amendment Act. given at the CommiRsioner's Court held next after the expiration of the said sixty days, the Commissioner may, without further inquiry, give the certificate aforesaid. 31. "The Pastoral Leases Act of 1869," "The Repe~ l of Pastoral Lea8es Extension Act of 1~ 90, " " The Pastoral ~ ~ : tc~ : ents. Leases Extension Act of 1892," "'Phe Pastoral Leases Extension Act of 1592 Amendment Act of 189.1," "The Pastoral Leases Extension Acts Anwndment Act of 1895," "The Pastoral Leases Extension Act (if 1897," "The PastOJ'al Leases Extension Act of1b98," "The Pastoral Leases Act oj 1869 ArnendJnetd Act (if 1900," "The Pastoral Leases Act of 1900," "'Phe Pastoral Leases Extension Act of 1900," " The Pastoral Holdings New Leases Act of 1901," "1'he Co-operative Com'Jnunities Land Settlement Act of 1893," " The Co-operative Com- munities Land Settlernent Act of 1898 Amendment Act of 1894," "The Co-operative COJmnt'('niiies Land Settlement Act of 1893 Amendment Act of 1895," and" The Special Sales of Land Act of 1901"* are repealed: Provided that, except where, under the Principal Act Saving of or this Act, it is otherwise provided- r~ g: . \ ~ ~ nd .(1) 'The repeal of the said Acts (herein called la Iltles. " the repealed Acts") shall not- (a) Affect the previous operation of any of the repealed Acts, or anything duly done or con- tracted to be done or suffered thereunder; (b) Affect any right. claim, privilege, obligation, penalty, or liability acquired, accrued, or incurred under any of the repealed Acts; or (c) Affect any inquiry, hearing, appeaJ, legal proceeding, or other remedy in respect of any such right, claim, privilege, obligation, penalty, or liability as aforesaid; but the same may be instituted, continued, or enforced as if this Act had not passed. (2) All lands which are subject to the provisions of Lands under the repealed Acts, or any of them, shall con- repeale~ .Acts t l' nue to be sub. ' lect t 0 tl le prOV.IsI.Ons ther· eo f , t t o hecroenutnmduere. until the same are surrendered or resumed or the existing'title thereto is otherwise determined; * 33 Vic. No. 10, supra, page 1119; 54 Vic. No. 14, supra, page 4010; 56 Vie. No. 30, supra, page 4645; 58 Vie. No. 26, supra, page 4986; 59 VlC. No. 30, supra, page 5645; 61 Vie. No. 14, supra, page 6226; 62 Vie. No. 7, sU}1'a, page 6599; 64 Vic. No. 3, supra, page 7345; 64 Vic. i\ o. 14, supra, page 7346; 64 Vie. No. 20, supra, page 7359; 1 Edw. VlI. No. 25, supra, page 8152; 57 Vic. No. 16, supra, page 4839; 58 Vie. No. 12, supra, page 4974; 59 Vic. No. 22, supra, page 5641; and 1 Edw. VII. No. 7, supra, page 8145.

9492 ]~ ANDS. - MASTERS AND SERVANTS. Workers' Oompensation Act Amendment Act. 9 Enw. VII. No. 16, 1909. Powers under repealed Acts. (3) For the purpose of dealing with any lands applied for, selected, or leased under any of the repealed Acts before their repeal the Governor in Oouncil may continue to appoint officers,. and may make, vary, and rescind Regulations,. and do or cause to be done all such acts and things as are necessary for giving effect to any applications, contracts, or a~ reements which have been made or arisen under the repealed Acts or any of them. MASTERS AND SERVANTS. 9 Edw. VII. An Act to Amend" The Workers' Compensation Act N~ ~ lE6. of 1905," by Extending its Provisions to Cases ~ ~ p~ ~ ~ ~ _ of Disablement for Three Days or Upwards, by A~ ~ : n! ~ ~ T Extending the Time during which Compensa- ACT OF 1909. tion shall be Payable. [ASSENTED TO 29'1'H DECEMBER, 1909.J B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis.. lative Oouncil and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same~ as follows :- Short title 1. This Act mav be cited as "The W01'kers' Com- :i~ ~ ~ n~ ~ ~ c- pemation Act Ame;;dment Act of 1909," and shall be read as one with "TIle Workers'CompensationAct of 1905,"* herein referred to as the Principal Act. Amendment 2. (1.) In paragraph (i.) of subsection two of section o S f ee 8. S 4 . . A. four of the Principal Act, the words "two weeks" are No. 739, s. 4. repealed, and the words "three days" are inserted in lieu thereof. Amendment (2.) In clause Band in provisoes (a) and (b) of para.- of Schedule. graph C 1. ') 0 f ru1e one of t he Schedule to the Principal Act, the words" after the second week", wherever these words occur, are repealed. *' 5 Edw. VII. No. 26, 8upra, page 8943.