Land Acts Amendment Act of 1922 (13 Geo v No. 34) (Qld)

10096 ss. 1-3. LAND, CROWN. Land Acts Amendment Act. 13 GEO. V. No. 34. LAND, CROWN. 13NGo.eo 3 . 4. V. An Act to Amend "The La.nd Acts, 1910 to 1920," THE "The Closer Settlement Acts, 1906-1917," LAND ACTS AMENDMENT ACT OF 1922. "The Jimbour Selections Act of 1919," and " The Discharged Soldiers' Settlement Acts" 1917 to 1920" in certain particulars. [ASSENTED TO 18TH OCTOBER, 1922.] B E it enacted by the King's Most Excellent Majesty" by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled,. and by the authority of the same, as follows:- Short title 1. This Act may be cited as "The Land Acts' and t t' Amendment Act of 1922," and shall be read as one witlL ~ ~ ~ C~ ~ C! OD * "The Land Acts, 1910 to 1920," herein collectively- referred to as the Principal Act. Amendment 2. In section four of the Principal Act, before the· f,f s. 4. definition of "Minister" the following definition is. inserted :- Marsupial proof. " "Marsupial-proof," used with reference to fencing-of such cha.racter as to prevent the passage of dingoes and marsupials as those terms are defined by t" The Dingo and Marsupial Destruction Act of 1918." Amendment 3. Subsection two of section twelve of the Principal of s. 12. Act is repealed, and the following subsection is inserted in lieu thereof;- "(2.) If at any time it becomes necessary or expedient to correct any instrument oi lease by reason that- (a) The boundaries of the land intended to be demised are not set forth in such instrument with sufficient certainty; or (0) Such instrument is defective owing to error or omission in the preparation th~reof; or (c) From a survey of the land more accurate knowledge has been obtained; or * 1 Geo. V. No. 15 and Amending Acts, supra, pages 8775,9177, and 9180. t 9 Geo. V. No. 15, supra, page 8463.

LAND, CROWN. ss. 4, 5. ---- ----------------------- 1922. Land Acts Arnendment Act. 10097 (d) A dispute as to bound~ries has arisen and has been decided pursuant to sections thirty and thirty-one of this Act; or (e) Lessees of contiguous holdings having a common boundary or common boundaries have agreed to a' mutual exchange of small areas of lands along such boundary or boundaries, which exchange has been ap- proved by the Governor in Council (and which approval the Governor in Council is hereby authorised to give); or (I) Owing to cert.ain facts arising or appearing since the issue of such instrument, the Governor in Council deems a correction of such instrument necessary or expedient; the Governor in Council may by Order in Council declare the matters intended to be corrected and the description or matter substituted or added in such instrument. Every such Order shall be registered in the proper register of leases in the Department of Public Lands. When an Order has been made and registered under this subsection, every such lease and instrument as aforesaid shall, subject to any directions in that behalf contained in such Order, operate and be construed as if it had been originally issued or executed as amended by such Order. It shall be sufficient in any action or proceeding for the. party relying on such Order to prove its registration without showing compliance with any other provision of this subsection/' 4 The following provision is added to section Amendment; twenty-five of the Principal Act :- of s. 25. "The Court shall, as soon as may be after the first day of January in each year, make and publish in the Gazette a calendar of the times and places for such sittings of the Court during that year. But the pUblication of such calendar shall not prevent the Court from holding such sittings at other times or at additional places as occasion requires during such year." 5. In the second paragraph of section twenty-six Amendment. of the Principal Act, the words "registers in which shall of s. 26. be entered" are repealed.

10098 ss. 6-8. LAND, CROWN. Land Acts Arnendrnent Act. 13 GEO. V. No. 34, Amendment 6. The following provision is added to paragraph oUf s. 29. , (ii.) of section twenty-nine of the Principal Act : - " In every case of assessment of rent of a pastoral holding or grazing selection, such valuation shall also state the number of stock which the holding may reasonably be expected to carry in average seasons." Amendment 7. The following provision is inserted in section of s. 31. thirty-one of the Principal Act, after the words" herein- after provided":- " Provided that the Minister may, in writing under his hand, declare that wherever pursuant to this section or any other section of this Act, the value of improve- ments to be paid by incoming tenants is to be deter- mined by the Court, such question shall be heard and determined by a police magistrate designated in that behalf either generally or for any particular case or cases, and in that event such police magistrate shall hear and determine every such question instead of one member of the Court, and shall have all the power and jurisdiction in that behalf of such member, and the hearing by such police magistrate shall for all purposes b'J deemed to be a hearing by the Court, and his decision shall be subject to appeal as if it were the decision of one member thereof." Amendment 8. In subsection one of section forty of the Principal -of s. 40. Act, the words" subject to the condition that the land shall be enclosed and kept enclosed with a rabbit-proof fence, or subject to a condition for the destruction of noxious plants, or both of such conditions" are repealed, and the following words are inserted in lieu thereof :- "subject to anyone or more of the following con- ditions :- (a) That the land shall be enclosed within a specified time and kept enclosed with a rabbit-proof fence; (b) That the land shall be enclosed within a specified time and kept enclosed with a marsupial-proof fence; (c) That the land shall be enclosed within a specified time and kept enclosed with both a rabbit-proof and marsupial-proof fence; .

1922. LAND, CROWN. Land Acts Amendment Act. ss. 9, 1·0. 10099 (d) That any existing rabbit-proof fence or marsupial-proof fence or both rabbit-proof and marsupial-proof fence shall be main- tained; (e) That any other improvements whatsoever specified in the notification shall be made within a time so specified; (f) That specified noxious plants shall be de- stroyed within a time so specified." 9 The following paragraph is added to section Amendment 10rty-three of the Principal Act:- of s. 43. "The provisions of section 94A of this Act shall Agistment. ;apply to Preferential Pastoral Holdings." 10. (1.) In section fifty of the Principal Act, the Amendment following paragraphs are repealed:- of s. 50. "(c) Prickly-pear Selections: (cc) Perpetual Lease Prickly-pear Selections: " ;and the following paragraph is inserted in lieu thereof :- "(c) Prickly-pear Selections, which may be- Prickly-pear Selections; or Perpetual Lease Prickly-pear Selections: " (2.) The following consequential amendments are Consequen- made in the Principal Act :_ tial amend- ments. (i.) In paragraph (v.) of subsection one of section fifty-four, after the word "bonus," the words "or the -capital value of the land (which value shall not include the value of any improvements thereon)" are inserted. In paragraph (vii.) of the said subsection the words ",' and Perpetual Lease Prickly-pear Selections" are repealed. (ii.) Paragraph (f t) of section fifty-six is repealed, and in paragraph (h) of the said section the words "Perpetual Lease Prickly-pear Selection, two thousand five hundred and sixty acres" are repealed. (iii.) In subsection four of section sixty-six, the words "or Perpetual Lease Prickly-pear Selection" are repealed. (iv.) In subsection one of section seventy-one, the words "or Perpetual Lease Prickly-pear Selection" are repealed.

10100 ss. '11-13. LAND, CROWN. Land Acts Amendment Act. 13 GEO. V. No. 34, (v.) The following subsection is added to section. seventy-three :- "(6.) Nothing in this section shall apply to a· Perpetual Lease Prickly-pear Selection." (vi.) In section one hundred and ten, after the words "Prickly-pear Selections," the words "other than Per- petual Lease Prickly-pear Selections" are inserted. (vii.) In section one hundred and eleven, the words "every Prickly-pear Selection other than" are repealed, and the words "Prickly-pear Selections other than Per- petual Lease Prickly-pear Selections and" are inserted in lieu thereof. Amendment. 11. In section fifty-one of the Principal Act, the- of s. 51. words" to be selected" are repealed, and the words " to be applied for or held" are inserted in lieu thereof. Amendment 12. In paragraph (ii.) of subsection one of section of s. 54. fifty-four of the Principal Act, the word" selected" is repealed, and the words "applied for or held" are- inserted in lieu thereof. In paragraph (ii.) of subsection two of the said section, after the word "Selections" the words "01" Perpetual Lease Selections" are inserted. In paragraph (iv.) of the said subsection two, after the words "rabbit-proof fence" the words "or with a- marsupial-proof fence or with both a rabbit-proof and marsupial-proof fence" are inserted; also the words " both of ". are repealed, and the words " all or any of " are inserted in lieu thereof. After paragraph (v.) of the said subsection two,. the following paragraph is inserted:- " (vi.) Declare that lots which are not contiguous, may be applied for and held as one selection." Amendment of s. 60. 13. The following provision is added to the fourth: paragraph of section sixty of the Principal Act :- " Provided nevertheless that, after the first five years of the term of the lease of a Grazing Homestead, a joint holder shall not be debarred from transferring his share in accordance with the last preceding provision of this section."

LAND, CROWN. ss. 14-18. 10101 1922. Land Acts Amendment Act. 14. The following provision is added to section Amendment; sixty-two of the Principal Act :_ of s. 62. "Provided however that, in the case of an alien who has made application to become a naturalised subject before the expiration of the aforesaid period of five years, and whose application has under or pursuant to any law of the Commonwealth been postponed or not . dealt with, the period of five years aforesaid shall be extended by a further five years." 15. In subsection two of section sixty-six of the Amendment Principal Act, after the word "shall" where it first of s. 66. occurs, the words "(except where otherwise in this Act is specially provided)" are inserted. 16 Section 7lA of the Principal Act is repealed. S R . e 7 p 1 e A a . l of 17. The following words are added to the second Amendmen t paragraph of section seventy-two of the Principal Act :_ of s. 72. "and that when the selection comprises the whole of a Grazing Selection the lease whereof has expired, the late lessee shall not be req'uired to make, .with his application to select, the prescribed deposit of the survey fee." The following provisions are added to the said section :- "The right of priority conferred by this section shall also be granted in cases where the land opened for selection comprises other Crown land, in addition to the whole or part of the land immediately theretofore comprised in the expired lease. Where the land opened for selection comprises land which was immediately theretofore the whole or part of two or more Pastoral Holdings or Grazing Selections the leases whereof have expired, the right of priority con- ferred by this section shall be granted to all the late lessees of such holdings or selections, but, in the event of application being made by more than one of them to select the same land, the right to select that land shall be decided by ballot as prescribed amongst such applicants, and every such late lessee who is unsuccessful at such ballot shall lose his right of priority." 18. The following words are added to the second Amendment paragrap1 l 0 f secti · on seventY-el . g1It 0 f the Pr' mC.lpa1 of s. 78. Act :-" and ha ving commenced to make the same, shall thereafter make reasonable progress in making them to the satisfaction of the Minister."

10102 ss. 19-25. LAND, CROWN. Land Acts Amendment Act. 13 GEO. V. No. 34, Amp.ll.dment 19. The first 'paragraph of subsection two of section of s. 79. seventy-nine of the Principal Act is repealed, and the following paragraph is inserted in lieu thereof:- "(2.) The fence shall be either rabbit-proof or marsupial-proof, or both rabbit-proof and marsupial,. proof, according to the condition, if any, in this regard imposed by the notification declaring the land open for selection." Amendment 20. The following provision is added to section of s. 80. eighty of the Principal Act:- Selectors to " It shall be a condition of the lease of every selec- : :~ ~ ~ i: l. tion, any part of which is bounded by a marsupial-proof proof fences. fence, that such fence shall be maintained marsupial- proof from the date of the issue of the license to occupy during the currency of the term." Repeal of 8. 86A.. 21. Section 86A of the Principal Act is repealed. Amendment 22. The following provision is added to subsection of s. 93A. four of section 93A of the Principal Act : - "When the lease of an Unconditional Selection has been extended under the last preceding subsection, the Schedule V. payment to be made by the selector under Schedule V. of this Act shall be adjusted by the Minister in con- formity with the extended term of the lease." Amendment 23. In paragraph (b) of section 98A of the Principal of B. 98A. Act, the words "one twentieth part of the purchasing price of the Farm" are repealed, and the words "one tenth part of the balance of purchase money which remained unpaid at the expiration of the twentieth year of the said term" are inserted in lieu thereof. oAfms. en1d04m.ent four 2 o 4 f . thIen Psuribnsceicptaiol nAtchtr, eaellofwsoercdtsiofnroomneahnudnidnrceldudainngd the wor:d " upon" in the first paragraph, to and including the word" years" in the second paragraph thereof, are repealed, and the words "at a sum equal to one pound ten shillings per centum of the unimproved capital value of the land as if it were held in fee-simple at the date of the commencement of each such period" are inserted in lieu thereof. Amendment 25. (l.) In the first paragraph of subsection 4A of of s. 109. section. one hundred and nine of the Principal Act, after the words "the whole term" the words "except in the

LAND, CROWN. ss. 26-29. 10103 1922. Land Acts Amendment Act. case of a Grazing Homestead selected or acquired in terms of section seventy-two of this Act; and a Grazing Homestead so selected or acquired shall be subject to the condition of occupation during the whole term" are inserted. (2.) The said subsection 4A as so amended shall be applicable to all Grazing Homesteads, whether selected or acquired before or after the passing of this Act. (3.) The following provision is added to the first paragraph of subsection five of the said section :-" The fence shall be either marsupial-proof or both rabbit- proof and marsupial-proof in all cases where s11ch condition is imposed by this Act.' 26. In the proviso in subsection four of section llOA Amendment of the Principal Act, after the words" purchasing price," of s. llOA. the words" or capital value" are inserted. In subsection five of the said section, all words from and including the word "upon" in the first para- graph, to and including the word" years" in the second paragraph thereof, are repealed, and the words "at a sum equal to one pound ten shillings per centum of the unimproved capital value of the land as if it were held in fee-simple at the date of the commencement of each such period" are inserted in lieu thereof. 27. In subsection (iv.) of section one hundred and Amendment twenty-one of the Principal Act, the words" upon the of s. 121. application of the lessee or the Minister, made at least six months prior to the expiration of the then current period" are repealed; also, the words "If no such application is made within the prescribed time, the rent then payable shall continue to be the rent for the next period of fifteen years" are repealed. 28. Section 124A of the Principal Act is repealed. s R . e1p2e4aAl.of 29. The following provision is added to subsection A:nendment two of section one hundred and forty of the Principal of s. 140. Act :-" Provided that in the case of Perpetual Lease Selections the capital value shall be a sum equal to the notified purchasing price or capital value, as the case may require, at which the land was notified to be open for selection."

'10104 ss. 30-33. LAND, CROWN. Land Acts Amendment Act. 13 GEO. V. No. 34, 30. After section one hundred and forty-two of the Principal Act, the following section is inserted :- Return as to " [142A.] Each Crown tenant of a holding which is cinofuenstteryd situated in an Area (to be defined by the Minister in with pear. that behalf by notification in the Gazette) shall, not later than the thirty-first day of January in every year, make and furnish to the Commissioner in the prescribed form a return showing- . (a) The condition of his holding as to infestation with or freedom from prickly-pear; and (b) If infested, the extent and locality of infesta- tion, full particulars of the growth and state of the prickly-pear, and an estimate of the cost of eradication of the prickly-pear." Amendment 31. In the first paragraph of section one hundred cf s. 170. and seventy of the Principal Act, after the words" rabbit- proof fence," the words" or a marsupial-proof fence or both a rabbit-proof and marsupial-proof fence" are inserted; and after the word "rabbits," the words "or marsupials or rabbits and marsupials, as the case may be," are inserted. Amendment 32. (1.) The following provision is added to section of s. 171. one hundred and seventy"one of the Principal Act:- Marsupial- "In the case of a dividing fence between holdings proof fence. (whether such holdings or any of them were taken up or acquired before or after the first day of September, one thousand nine hundred and twenty-two) which is marsupial-proof, or both rabbit-proof and marsupial- proof, notwithstanding anything contained in *" The Fencing Act ot 1861" judgment may be given under that Act for an amount equal to the fair and usual cost of a marsupial-proof fence, or both a rabbit-proof and marsupial-proof fence, as the case may be." (2.) The provisions of section fourteen of t" The Marsupial Proof Fencing Act of 1898" shall not apply to holdings under this Act (whether the same were taken up or acquired before or after the first day of September, one thousand nine hundred and twenty-two). Amendment 33. In section one hundred and seventy-six of the of s. 176. Principal Act, the words "in area, the maximum area * 25 Vie. No. 12, supra, page 753. t 62 Vie. No. 16, supra, page 2077.

LAND, CROWN. ss. 34, 35. 10105 1922. Land Acts Amendment Act. which may be held under such leases respectively. In -the case of a selection, the condition of personal resi- dence or condition of occupation in respect of the ',selection shall be satisfied by residence on such area" are repealed, and the words "ten acres in area, and the ·condition of personal residence or condition of occupa- tion (if any such conditIOn is imposed) in respect of the holding shall be satisfied by residence on such area" are inserted in lieu thereof. 34. The second and third paragraphs of section one Amendment hundred and ninety-two of the Principal Act are repealed, of s. 192. -and the following provision is inserted in lieu thereof : - " The Minister shall cause notice of such application -to be published once at least in the Gazette and in such local newspapers, if any, as he thinks advisable, and also for a period of not less than two months to be conspicuously posted on the :wad proposed to be closed ,and at the nearest land office and police office. At the expiration of such period of two months, -the Governor in Council may a~ prove of such application with or without modification.' Closer Settlement Acts. 35. (1.) The following amendments are made in Amendments '*" The Closer Settlement Act oj 1906 " :- ~I~ . ~~ ~ 32. (a) In section four, after the words "under this Act," the words "and under and subject to the provisions of t" The Public Works Land Resumption Acts, 1906 to 1917," and notwith- standing the provisions of any Act to the contrary," are inserted; also, after the word " Queensland" the words "and for that purpose the Minister shall be deemed to be a "constructing authority" within the meaning of the said Acts" are inserted. (b) Sections eight to nineteen, both inclusive, are repealed. (c) In section twenty, the words "the Land Appeal Court" are repealed, and the words" in lieu of the provisions in that behalf contained in * 6 Edw. VII. No. 32, supra, page 8901. t 6 Edw. VII. No. 14 and 7 Geo. V. No. 0, supra, page 8211.

10106 s. 35. LAND, CROWN. Land Acts Amendment Act. 13 GEO. V. No. 34,. *"The Public Works Land Resumption Acts~ 1906 to 1917," the Land Court or, on appeal~ the Land Appeal Court" are inserted. Subsection two of the said section is repealed. (d) In subsection one of section twenty-one, the words "award of" are repealed and the words "decision of the Land Court if not appealed from, or on an appeal the decision of" are inserted in lieu thereof. In subsection two of the said section, the word "award" is repealed and the word " decision" is inserted in lieu thereof. In subsection three of the said section, the words "each award" are repealed and the words "the decision" are inserted in lieu thereof; also, before the words" Land Appeal Court" the words "Land Court- or, on appeal, by the" are inserted. (e) Sections twenty-two and twenty-three are repealed. Amendments (2.) In subsection three of section two of t" The ~ 8 ? oeo. ~. Oloser Settlement Act Amendment Act of 1917" the words o • s.• "(not being a person exercising the right to retain as provided by section fifteen of the Principal Act)" are repealed. In section three of the said Act, all words from and including the words "The annual rent for each" to the end of the section are repealed, and the following provision is inserted in lieu thereof :- "The annual rent for each period of fifteen years thereafter shall be determined by the Court at a snm equal to five pounds per centum of the fair unimproved capital value of land of similar quality in the same neighbourhood. " In subsection two of section five of the said Act, after the words "The Land Act Amendment Act oj 1916," the words" and" The Land Acts Amendment Act 0/1922" are inserted. * 6 Edw. VII. No. 14 and 7 aeo. V. No. 6, 8upra, page 8211. t 8 aea. V. No. 10, 8upra, page 8298.

1922. LAND, CROWN. Land Acts Amendment Act. ss. 36, 37. 10101 J imbour Selections. 36. Upon the determination, whether by expiration, Application forfeiture, surrender, or otherwise, of any lease of any ~ ~ ta~ ~ dActs selection on the Jimbour Repurchased Estate, the provi- becoming sions of *" The Jimbour Selections Act ot 1919" shall no v Jl ~ l c n a b n o t u o r n longer be applicable to such land, and the same shall be Repurchased subject to be dealt with under the provisions of t" The Estate. LandAct ot 1910" with its several amendments and t" The Closer Settlement Act ot 1906" with its several amendments, or other provisions of the law relating to the disposal of Crown land in force for the time being. Discharged Soldiers' Settlement Acts. 37. The following amendments are made in §" The Amendment Discharged Soldiers' Settlement Acts, 1917 to 1920":- DOf I . SC h arge d Soldiers' Settlement Acts. (i.) The following definitions are added to section Amendment. two :_ of s. 2. "The term "Closer Settlement Acts" means and includes 11" The Closer Settlement Acts, 1906-1917" and any Act (including this Act) amending or in substitution for those Acts, and all regulations in force for the time being made or purporting to be made under those Acts or any Act amending or in substitution for those Acts. The term" State Advances Act" means and includes ~ "The State Advances Act of 1916" and any Act amending or in substitution for that Act, and all regulations in force for the time being made or purporting to be made under that Act or any Act amending or in substitution for that Act." (ii.) In the first paragraph of subsection one of Amendment. section four, the words 11" The Closer Settlement Acts, of s. 4. 1906-1917," are repealed, and the words "the Closer Settlement Acts" are inserted in lieu thereof. * 10 Geo. V. No. 12, supra, page 9341. t 1 Geo. V. No. 15, 8upra, page 8775. t 6 Edw. vlL No. 32, supra, page 8901. § 7 Goo. V. No. 32 and 10 Geo. V. No. 21, supra, page 9453. '7 11 6 Edw. VII. No. 32 and Amending Acts, supra, page 8901. Geo. V. No. 17, supra, page 9603. M

10108 S.37. LAND,. CROWN. Land Acts Arnendment Act. 13 GEO. V. No. 34, The last paragraph of the said subsection one is repealed, and the following provision is inserted in lieu thereof :- "Provided that the only discharged soldiers who shall be qualified to apply for or during the first ten years of the lease acquire a Perpetual Lease Selection under this Act shall be tHose who do not hold any land in Queensland, whether freehold or leasehold, other than freehold or leasehold land situated within any city, town, township, or other centre of population, or which has been declared to be suburban land under section thirteen of the Principal Act." In subsection two of section four, the words" ex- clusive of the value of any improvements thereon" are repealed, and the words "including in such capital value, in the case of land acquired as aforesaid, the sum (if any) paid in respect of the clearing of the land in order to render it fit for agriculture, but in such cases, exclusive of the value of any other improvements thereon, and in all other cases exclusive of the value of any improvements thereon" are inserted in lieu thereof. A.mendment (iii.) In section five the words *" The Oloser Settlement of s. 5. Acts, 1906-1917," are repealed, and the words "the Closer Settlement Acts" are inserted in lieu thereof. Amendment (iv.) In section 5A the words *"The Oloser SettlemeJl,t of S. 5A. Acts, 1906-1917," are repealed, and the words "the Closer Settlement Acts" are inserted in lieu thereof. Sub'section two of the said section is repealed, and the following subsection is inserted in lieu thereof :- "(2.) During the first fifteen years the annual rent reserved shall be a sum equal in the aggregate to a rate of three pounds per centum of the notified capital value of the land, exclusive of the sum, if any, paid by the Crown on the acquirement of the land in respect of the clearing of the land in order to render it fit for agriculture, together with the rate per centum paid by the Crown as interest on the sum, if any, paid by the Crown on the acquirement of the land in respect of the clearing of the land in order to render it fit for agriculture. The annual rent for each period of fifteen years thereafter shall be determined by the Court. Such rent shall be fixed at a sum not exceeding three pound~ per * 6 Edw. VII. No. 32 and Amending Acts, Mlpra, page 8901. •

LAND, CROWN. s.37. 10109 1922. Land Acts Amendment Act. centum of the fair ~ nimproved capital value of land of ,similar quality in the same neighbourhood, together with a sum at the rate of three pounds per centum of the sum, if any, paid by the Crown on the acquirement -of the land in respect of the clearing of the land in order -to render it fit for agriculture." (v.) All sums of money paid by a lessee as and by Credit,ing way of rent pursuant to subsection two of section 5A; : Z: ~ before the amendment of the said subsection hereby made, which are in excess of the rent which would have been payable if such rent had been computed in pursuance of the said subsection as hereby amended, shall not be repayable to the lessee, but shall be credited to the lessee as against the rent to accrue duo in the. future. (vi.) In subsection one of section six, the words Am3ndment *"The Closer Settlement Acts, 1906-1917" are repealed, of 8.6. and the words "the Closer Settlement Acts" are inserted in lieu thereof. The last paragraph of the said subsection one is repealed, and the following provision is inserted in lieu thereof :- "Provided that the only discharged soldiers who :shall be qualified to apply for or, during the first ten years of the lease, acquire a Perpetual Town Lease or Perpetual Suburban Lease under this Act shall be those who do not hold any land in Queensland, whether free- hold or leasehold (other than on a weekly or monthly tenancy), which is situated within any city, town, town- ship, or other centre of population, or which has been declared to be suburban land under section thirteen of the Principal Act.'1 (vii.) In section seven the words *" The Closer Settle- Amendment ment Acts, 1906-1917," are repealed, and the words "the of s. 7. Closer Settlement Acts" are inserted in lieu thereof. (viii.) In section 7A, the words *" The Closer Settle- Amendment ment Acts, 1906-1917" are repealed, and the words of s. 7A. ~ ' the Closer Settlement Acts" are inserted in lieu thereof. Subsection two of the said section is repealed, and the following subsection is inserted in lieu thereof:- "(2.) During the first fifteen years the annual rent reserved shall be a sum equal to three pounds per centum of the notified capital value of the land. * 6 Edw. VII. No. 32 and Amending Acts, 8upra, page 8901.

10110 S.37. LAND, CROWN. Land Acts Amcndment Act. 13 GEO. V. No. 34" The annual rent for each period of fifteen years. thereafter shall be determined by the Court. Such rent shall be fixed at a sum not exceeding three pounds per centum of the fair unimproved capital value of land of similar quality in the same neighbourhood." Crediting (ix.) All sums of money paid by a lessee as and by excess rents, way of rent pursuant to subsection two of section 7 A before the amendment of the said subsection hereby made~ which are in excess of the rent which would have been payable if such rent had been computed in pursuance- of the said subsection as hereby amended, shall not be- repayable to the lessee, but shall be credited to the lessee· as against the rent to accrue due in the future. (x.) After section 7 A, the following sections are inserted :- Disposal of " [7B.] Notwithstanding anything contained in this surplus lands. Act- (a) Where any lands which have been acquired under the Closer Settlement Acts have been set apart for the purposes of this Act, or where any lands have been acquired for the purposes· of this Act or under section three of this Act, or have otherwise become vested in the Crown for the purposes of this Act; or (b) Where the leases under this Act of any lands- have been determined by forfeiture or sur-- render or otherwise; or (c) Where any lands in respect of which advances have been made under this Act have _by forfeiture or surrender or otherwise become- vested in the Crown; the Governor in Council may~ by notification in the Gazette, declare that certain of such lands or specified portions thereof (herein referred to as surplus lands) are no longer required for the purposes of this Act. Whereupon all such surplus lands shall become Crown land within the meaning and for the purposes of the Principal Act, and may be made available to be selected of' taken up as Perpetual Lease Selections or Perpetual Town Leases or Perpetual Suburban Leases or Perpetual Country Leases, according to their situa- tions respectively, under that Act or under the Closer Settlement Acts as may be deemed proper. If any such surplus land is such that a sum has been paid by the Crown in respect of the clearing of the

LAND, CROWN. s.37. 10111 1922. Land Acts Amendment Act. ]and in order to render it fit for agriculture, then that sum may, if the Minister thinks proper, be added to and "become part of the capital value of the land for the purpose of any notification opening the land for Perpetual :Lease as hereinbefore mentioned. [70.] Notwithstanding anything contained in this Pe~ sona. l . Act or in the Principal Act, if the same discharged soldier ~eslt~~; : is the lessee of two or more holdings, any of which is or o~ ~ e! ~ ral are ' subJ'ect to . the condition of personal res'dence, then the sheuffildc ~ w s n t . -reSIdence of the lessee on anyone of them shall be equivalent to the residence of the lessee upon each {)f the holdings which is subject to the condition of .personal residence." * (xi.) In sections 8, 8A, 8D, and 9 the words "The Amendment .state Advances Act of 1916" are repealed, and the words of ss. S, SA, "the State Advances Acts" are respectively inserted in 8D, 9. lieu thereof. (xii.) After subsection six of section eight, the follow- Amendment ing subsection is inserted:- of s. S. " (6A.) All sums of money expended by the Minister on behalf of, or advanced by the Minister to, a discharged soldier, whether before or after the passing of "The Land Acts Amendment ot Act 1922," shall be deemed to be one advance to him made in several instalments as and when any such sums were respectively so expended or advanced, as the case may be." - Paragraph (iii.) of subsection seven of section eight is repealed. In paragraph (i.) of the said subsection seven, the words" in paragraph (iii.) hereof" are repealed, and the words "in subsection ten hereof". are inserted in lieu -thereof. In paragraph (vi.) of the said subsection seven, the words" paragraphs (i.) to (v.) hereof" are repealed, and the words" paragraphs (i.), (ii.), (iv.), and (v.) hereof" .are inserted in lieu thereof. After subsection nine of the said section eight, the -following subsections are inserted:- "(10.) Of the aforesaid amount of one thousand Special two hundred pounds advances 'for any of the purposes a.dvances for mentl . One d I . II t h e f r i s ' t CO I umn 0 f t h e ta bI e ' h ereun d er se t short terms. -forth may be made upon such security as the Minister * 7 Gee. V. No. 17. Bupra, pa.ge 9603.

10112 s.37. LAND, CROWN. Land Acts Amendment Act. 13 GEO. V. No. 34~ thinks proper. The provisions of subsection six hereof shall not apply to any such advance, but the provisions of paragraphs (iv.), (v.), and (vi.) of subsection seven- hereof shall apply to any such advance. Every such advance shall be subject to such further conditions and stipulations as to the Minister may seem fit, or as may be prescribed. Unless the Minister in his discretion other- wise thinks proper, such advances- (a) Shall not exceed the amounts respectively mentioned in the second column thereof; and (b) Shall be for the periods of time respectively limited in the third column thereof; and (c) Shall be repaid, by instalments comprising priBcipal and interest, within the periods respectively mentioned in the fourth column thereof. Purposes. ..., <0 . . . 0 .," : " . .; i - s o <- " ~ g < " - ~ § " < ~ ~ 'g "" · S ~ d : ~ " .; 0 :: ~ I'- '" < :g,8 i"ljl .. . . ~ .. ~ a , : g ; t ! t g~ "g;. ~ . ~ - " < " Live silock (including sheep, cattle, pigs, poultry, and horses for fann- ing and dairying purposes and horses for transport purposes); fruit trees; pineapple suckers; and banana suckers: Provided that advances under this heading for live stock shall be so limited that the value of the stock pre- sently held by the applicant and those proposed to be purchased will not together exceed £170 .. £170 10 years Last:) years Vehicle or other means of transit; harness; machinery; implements (including ploughs and other farm- ing implements); plant (including incubators, separators) .. .. £50 10 years Last 9 years Seeds, fertiliser, lime, planting, cul- tivating, harvesting of crops .. £200 3 years 3 years; but the ad- vance to be secured by a lien on crops and repaid with in- terest out of the pro- ceeds of the next suc- ceeding crop, unless the Minister in his discretion otherwiS& thinks proper. Tools of trade .• £10 3 years Last 2 years

LAND, CROWN. s.37. 10113 1922. £and Acts Amendment Act. The Governor in Council may from time to time, by Order in Council, add to this table by including other objects therein, and fixing the maximum amount of advance for each such object, and the period of advance, and the period of time within which each such advance shall be repayable; and the table in force for the time being, as so added to, shall be deemed to be the table referred to in this provision. Except where t.he Minister has otherwise determined, the following provisions shall apply to the repayment of advances made under this subsection, and to the payment of interest thereon- (a) Interest upon each such advance, at the rates prescribed by paragraph (iv.) of subsection seven of this section, shall be paid for the period between the date fixed by or under paragraph (v.) of the said subsection and the commencement of the period fixed by the Minister for the repayment of the said advance. Such interest shall be paid on each thirtieth day of June and thirty-first day of December during such interval; (b) During the period fixed by the Minister for repayment of any such advance, there shall be paid on every thirtieth day of June and thirty-first day' of December an instalment of such an amount as will permit the said advance with interest thereon at the rates prescribed by paragraph (iv.) of the said sub- section to be wholly repaid ·within such period fixed for repayment. (11.) By way of security for any advance andAddi~ ionak interest from time to timo accruing due under this seCUrIty. Act in addition to any other security the borrower may assign to the Minister the whole or any part of any moneys due or to become due to the borrower as payment for dairy or other produce by any body or person." (xiii.) After section nine, the following sections are inserted :- " [9A.] When it is covenanted in and by any memo- Default in f roanr daunmadovf amncoer, tgtahgaet, tbhilel obforsraolew, eorr W o . I t l h l em . r ssuerceuraintyd gkiveeepn ppinraesyummriinuegnmts a 0 n . £d insured against loss or damage by fire any improvements

10114 s.37. LAND, CROWN. Land Acts Amendment Act. 13 GEO. V. No. 34, or other property, and will pay the premiums due from time to time in respect of such insurance, it shall be the duty of the borrower to faithfully observe such covenant; and if he fails so to do, the Minister, without prejudice to and in addition to any other right or remedy under this Act or the said security, may effect such insurance a.nd pay all such premiums for a.nd on behalf of the borrower, and dem8Jnd from the borrower repayment of the amount of every such premium so paid. If after the expiration of ninety days from the date of such demand the borrower has not made sneh repayment- (i.) The like consequences shall follow as are provided in this Act or by the said security _ in case of default made in the payment of any sum of money payable under this Act; or (ii.) The Minister may at his option either forth- with exercise the powers conferred upon him as aforesaid in case of default made in the payment of any sum of money, or add the amount of such' premium with interest thereon at the rate of five pounds per centum per annum from the date of payment to the mortgage debt, whereupon the same shall be deemed to be part thereof and shall be repayable, together with interest thereon at the rate aforesaid, in the same manner as if the same were a further advance under this Act. Forfeiture,of [9B.] Without prejudice to and in addition to any . l ( s 'p ,n ,. d tA , ;n &c ( " 'as 1 e 1 s 1 . 0 tller rI'g} 1 t or remedy confeITed upon or accruI.ng t 0 the Minister under this Act or under any memorandum of mortgage, bill of sale, or other security given to secure an advance, in the event of the borrower making default for a period of ninety days in the payment of any sum due by him to the Minister, or failing to perform or observe to the satisfaction of the Minister any covenant, agreement, or condition contained in any such security as aforesaid, or failing to the satisfaction of the Minister to occupy continuously and bona fide or to improve and cultivate the land in respect of which the advance was made, the Minister may call upon the borrower to show cause to the satisfaction of the Minister why the land with all improvements thereon and all chattels and other things comprised in any security as aforesaid or purch8Jsed out of any advance or

LAND, CROWN. s.37. 10115 1922. Land Acts Amendment Act. "supplied to the bOITower by the Minister, should not be forfeited, or his rights (if any) in such land and improve- ments chattels and things should not be forfeited, and if he fails to show satisfactory reasons for his default or -failure, the land with all improvements thereon, and all ,such chattels and things as a10resaid, and all the rights ,ot the bOITower therein may, without any further no~ ice - ·or process, be forfeited by the Minister accordingly. Such forfeiture shall be notified in the Gazette, and ,thereupon the land and all such improvements, chattels, ;and things shall be vested in and become the property of His Majesty, free from all estates, interests, claims, or encumbrances whatsoever, and the land shall become 'Crown land and may be dealt with accordingly, and all ~ such improvements, chattels, and things may be removed -and sold or sold in situ or resupplied to a borrower or -otherwise dealt with, or disposed of as the Minister, in his absolute discretion, thinks proper, and without .accounting to the late owner thereof: Provided as follows : - (a) As from the date of the notification as afore- said of such forfeiture no further interest on the advance shall accrue or be charged against the bOITower; ~ b) The net amount received by the Crown in respect of such improvements, chattels, or things so forfeited on a sale, or the valua thereof as fixed by the Minister on a resupply thereof to a bOITower, shall be credited to the late owner as against his tota.l indebtedness to the Minister on any account, and, if the amount so received exceeds such indebtedness, the excess shall be paid to him, or as he may direct, or may be paid into the Supreme Court to his credit. 19c.] Notwithstanding anything contained in this ~hat Act, in any case where a bOITower has made default in ~ ~ l~ ! : g: ~ the payment of any sum of money payable by him to entitled to the Minister, and the Minister has duly entered upon and ft!~::here taken possessio:q of the land of the bOITower in order to possession :sell the same, tllen any discharged soldier shall, su bject ~ ~ : ~ l! ~ r to the limitations next hereinafter provided, be qualified to bid for the same or any part thereof and become the purchaser at public auction, or (failing a sale by such

10116 s.37. LAND, CROWN. Land Acts Amendment Act. 13 GEO. V. No. 34 1 auction) become the purchaser thereof by private sale,. notwithstanding that he already holds another lease or other leases under the Principal Act or under this Act, or other land in Queensland: Provided that such discharged soldier shall not be so qualified in any case where the area of the land whereof he already holds a lease or leases under the Principal Act or under this Act when added to the area.. of the land offered for sale would exceed the maximum area permitted to be held by one person at the same time under section fifty-three of the Principal Act. Upon any sale as aforesaid the Minister may permit the amount of the advance outstanding in respect of the land sold or so much thereot as when added to any previous advance to the purchaser under this Act as will not in the aggregate exceed one thousand two hundred pounds to remain as a further advance to the purchaser under this Act, but the date on which such further advance shall be deemed to have been made to him shall be the date on which it was made to the original borrower thereof. Relief to [9D.] The following provisions shall apply to advances b~ ~ . ow~ rs in under this Act to discharged soldiers who are holders of : ~ ttl~ ~ ~ ents Perpetual Lease Selections in soldiers' settlem~ nts : - : ~ Z: : ' ' ' ' t, &0., (a) All interest on any advance accrued due to is in allTears. the thirtieth day of June, one thousand nine hundred and twenty, and unpaid on the thirtieth day of September, one thousand nine hundred and twenty-two, shall be added to the principal amount of the advance and be deemed to have become and to be part thereof as on and from the thirtieth day of June, one thousand nine hundred and twenty; (b) In the event of a borrower being unable to pay at the due date any instalment (whether of interest or of principal and interest) in respect of any advance, by reason of crop failure, sickness, or other cause beyond his, control, the Minister may allow the borrower to discharge his indebtedness in connection with such arrears by monthly payments, or in any other manner satisfactory to the Minister.

LAND, CROWN. s.38. 10117 1922. Land Acts Amendment Act. The amount of any such instalment t'o in arrea.r, and which the Minister has allowcd the borrower to discharge as aforesaid, shall bear interest at the rate of five pounds per centum per annum from the due date lmtil it is wholly discharged. [9E.] Notwithstanding anything in this Act or in the P?wer to P r1· nC.lpaI Act cotn · alned,any discharged Isod · ler wh 0 hdoIslpdoinsge. of desires to dispose of his holding, owing to special circum- stances which in his case have arisen, may do so upon obtaining the permission of the Minister in that behalf to sell to any person, although such person is not a discharged soldier, and although any time limited by this Act within which any discharged soldier is not permitted to dispose of ~ s holding has not elapsed." 38. (1.) All advances 3Jpproved in favour of or made Ratification. to any discharged soldier before the date of the passing of this Act by the Governor in Council or the Minister or the Commissioner of the Queensland Government Savings Bank or the State Advances Corporation or any officer under the authority of the Governor in Council or the Minister or the said Commissioner or Corporation, acting or purporting to act under *" The D'ischarged Soldiers' Settlement Act of 1917" or under that Act as amended by t"The Land Acts Amendment Act of 1918" or under t" The Discharged Soldiers' Settlement Acts, 1917 to 1920," or for the purposes of discharged soldiers' settlement under §" The Queensland Government Savings Rank Act of 1916" or II"The State Advances Act of 1916" or under any regulations made or purporting to be made under any of the aforesaid Acts, shall be deemed for all purposes to have been validly and lawfully approved or made, or validly and lawfully approved and made, as the case may be, and all such advances shall be and remain advances subject in all respects to the provisions of t" The Discharged Soldiers' Settlement Acts, 1917 to 1920," as amended by this Act, uhtil repayment with interest as provided with respect to each such advance respec- tively; and all payments whether of principal or interest made by the respective borrowers in respect of * 7 Geo. V. No. 32, 8upra, page 7625. t 9 Geo. V. No. 8, 8upra, page 8523. t 7 Geo. V. No. 32 and 10 Geo. V. No. 21, 8upra, page 9453. § 7 Geo. V. No. 17, 8Upra, page 7406. 1I 7 Geo. V. No. 17, 8upra, page 9603. ..

10118 s.38. LAND, CROWN. Land Acts Amendment Act. 18 GEO. V. No. 34, 1922. such advances shall be deemed to have been and shall be lawful payments, and all acts of the Governor in Council or the Minister or the said Commissioner or Corporation, or any such officer as aforesaid, before the date of the passing of this Act, when acting or purporting to act under the provisions of the said Acts or regulations or any of them, in relation to any such advances, shall be deemed to have been lawful and are hereby ratified and confirmed for all purposes. All moneys demanded by and paid to the Minister by any body or person, which if they had not been so demanded and paid would have been payable to any borrower as payment for dairy or other produce supplied by the borrower to such body or person and which when received by the Minister were credited to the account of such borrower in respect of an advance or advances to him by the Minister, and interest shall for all purposes be deemed to have been lawfully and properly demanded, paid, and credited. Every agreement, mortgage, bill of sale, lien, or other instrument executed, taken, or entered into before the date of the passing of this Act, for securing any such advance as aforesaid, and not released or extinguished at that date, shall be deemed to have always been and shall be and remain a good and lawful subsisting security, not- withstanding that it may not have been in the prescribed or any prescribed form, or that in lieu of the Minister some other person was named therein as the party representing the Crown or to or in whose favour the security was given or executed, or notwithstanding any other formal defect or insufficiency therein, and every such security shall enure as a security in favour of the Minister; and, in cases where he is not named therein, shall be read and construed as if he were the party to whom or in whose favour such security was given or executed, and he shall have and may exercise all rights and remedies thereunder; and without limiting the effect of any part of the foregoing provisions, in all cases where securities have been given or executed to secure advances to discharged soldiers under paragraph (iii.) of subsection seven of section eight of *"The Discharged Soldiers' Settlement Acts, 1917 to 1920" or under con- <litions analogous to the said paragraph before the enactment thereof, every such security shall have effect * 7 Geo. V. No. 32 and 10 Geo. V. No. 21, supra, page 9453.

LAND, CROWN.-LAND TAX. ss. 1-3. 10119 13 GEO. V. No. 3, 1922. Land Tax Act Amendment Act. - - ~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - -- - - - ~ - - - - - - - - - - - - to secure the repayment of every such advance (with interest as provided by each _such security or the said provisions) at such times and in such manner as if the period of the advance in question were the maximum period allowed for an advance for the specified purpose under the table set forth in the said paragraph. (2.) Any arrangement which the Minister has Relief entered into before the passing of this Act with any a~ orded borrower who has failed to pay at the due date any instal- ~ ~ so; ; nt; of me~ t accrued due ~ ef< ?re the p~ ssing of ~ his Act (whether ! ~ ~ fied. of mterest or of prmCIpal and mterest) m respect of any - advance under the provisions mentioned in subsection one hereof, whereby the borrower has been allowed to discharge hi~ indebtedness in connection with such arrears by instalments with interest thereon, is hereby ratified and confirmed. LAND TAX. An Act to Amend the Land Tax Acts in certain 13 Oeo. V. particulars. No. 3. THE LA)<\} TAX ACT -4 [ASSENTED TO 7TH UGUST, 1922. ] AMENmiENT ACT OF 1922. B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. This Act may be cited as "The Land Tax Act Short title Amendment Act of 1922," and shall be read as one with and *" The Land Tax Act of 1915," herein referred to as ~ ~ l~ ~ ~ ~ 1Ction the Principal Act. 2. The following words are added to the definition Amendment of "Agent" in section three of the Principal Act: of s. 3. "the term also inc1udes any person declared by the Commissioner as hereinaftGr provided to be an agent of a taxpayer." 3. Subsection one of section two of t" 'Phe Land Amendment Tax Act Amendment Act of 1920" and the amendment of 10 Geo. V. of section nine of the Principal Act made by the said No. 25, s. 2. subsection are repealed. * 6 Geo. V. No. 34, supra, page 6951. t 10 Geo. V. No. 25, supra, page 9204.