Land Acts Amendment Act of 1924 (15 Geo v No. 33) (Qld)

LAND, CROWN. 15 GEO. V. No. 33, 1924. Land Acts Amendment Act. ss. 1-3. 11053 LAND, CROWN. An Act to Amend" The Land Acts, 1910 to 1922" 15 Geo. V. and "The Discharged Soldiers' Settlement Acts, N;~!3. 1917 to 1920" and "The Closer Settlement . t: : : D! ~ ~ Acts, 1906 to' 1923" in certain particulars. ACT OF 1924. [ASSENTED TO 1ST NOVEMBER, 1924.] 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 Acts Short title Amendment Act of 1924," and shall be read as one with : ~ strnction *" The Land Acts, 1910 to 1922," herein collectively of Act. referred to as the Principal Act. Amendments of the Principal Act. 2. In section four of the Principal Act the definition Amendment " Registered Bailiff" is repealed and the following of s. 4. definition is inserted in lieu thereof:- " "Registered Bailiff "-A person who is the actual Re~ ~ stered and bona fide manager, agent, or bailiff of BaIlIff. the lessee or selector for the purpose of compliance with the provisions of this Act, and whose appointment is made in writing, in duplicate, and signed by the lessee or selector and the bailiff, and registered in the office of the Commissioner." 3. The following words are added to paragraph (b) Amendment of subsection two of section· forty of the Principal of s. 40. Act:- "or the maximum number of blocks which ·may be applied for or held by anyone person in the whole area to which the notification has reference; or both of these, provided that one person shall not be permitted to apply for or hold more than the maximum number of blocks so declared, whether the aggregate area of such blocks so applied for or held does or does not attain the maximum area so declared.' , * 1 Geo. V. No. 15 and amending Acts, supra, pages 8775, 9177, 9180, and 10096.

11054 s.4. LAND, CROWN. Land Acts Amendment Act. 15 GEO. V. No. 33, In paragraph (c) of the said subsection, after the word "notification" where it secondly occurs, the words " Such maximum mileage may, if deemed advisable, be specified with respect to each block in relation to any estate or interest as aforesaid." Amendment 4. The following provisions are-added to paragraph of s. 43. (iii.) of section forty-three of the Principal Act:- "Such condition of personal residence shall be performed by the continuous and bona fide personal residence of the lessee on the holding during the first seven years of the term. Subject to the provision hereinafter contained with respect to the mortgage of preferential pastoral holdings~ the holding shall not during the· first seven years of the term nor shall any interest therein be capable of·-- (a) Being mortgaged, except to the Agricultural Bank and except in any case where the Minister in his discretion permits such holding to be mortgaged in order to enable the lessee or a group of lessees of whom the lessee is one to obtain materials or an advance of money pursuant to any law of the © State of Queensland or of the Commonwealth of Australia for the purpose of developing or protecting the land, or except in the circumstances mentioned in paragraph (g) hereof; or (b) Transfer or assignment, whether by operation of law or otherwise, except in the case of the death or insanity or incapacity by reason of serious illness, accident, infirmity, or mis- fortune of the lessee or except by a mortgagee in possession pursuant to a power of sale conferred by law. Provided as follows :- (c) If the lessee dies before the expiration of the said seven years, such condition of personal residence may be performed by the continuous and bona fide residence on the holding for the remainder of the said seven years of some person beneficially interested in the holding under the will or as one of the next-of-kin,

LAND, CROWN. s. 4. 1924. Land Acts Amendment Act. or as the widow or widower of the lessee, or of a registered bailiff who is himself qualified to take up a similar holding. (d) If the lessee becomes insane before the ex- piration of the said seven years, the Court may aUow such condition of personal residence to be performed by the continuous and bona fide residence upon the holding of the wife or husband or some other member of the family of the lessee, or a registered bailiff who is himself qualified to take up a similar holding. (e) If the lessee dies or becomes insane before the expiration of the said seven years, the Court may, on an application in that behalf made by the personal representative of the deceased lessee or the committee of the insane lessee, as the case may be, approve of the transfer of the holding to a qualified person. (j) If the lessee becomes incapacitated by reason of serious illness, accident, infirmity, or mis- fortune from complying with such condition of personal residence, he may apply to the Minister for permission to transfer his interest in the lease to a qualified person, and the Minister may, jf he thinks fit, refer the matter to the Court. The Court shall inquire into such application and may certify to the Minister that good grounds exist for the granting of such application, whereupon the Minister may approve of the lessee's application. (g) If for any reason a lessee who applies for permission to transfer his.. interest in the holding under the circumstances mentioned in paragraph (j) hereof is or will be unable to transfer the same unless permission also be granted for a mortgage of such interest either to himself or to some other person or a corporation or joint stock cornpany for securing the purchase money or part thereof, the lessee may, simultaneously with his application for permission to transfer or at any time within six months after permission to transfer has been obtained, apply to the Minister on behalf of a known or prospective purchaser for 11055

]1056 s. 5. LAND, CROWN. Land Acts Amendment A_ct. 15 GEO. V. No. 33, permission to mortgage the holding, and in such event shall furnish to the Minister full particulars, to be verified by the declaration of the lessee, of the terms and conditions of the proposed mortgage. In particular he shall so furnish to the Minister particulars of the amount for which the holding is to be made security, and the rate of interest; and, in cases where -the purchaser proposes to obtain an advance t.o enable him to purchase the holding, the nmount to be advanced and the name and address of the person, corporation, or joint stock company by whom the advance is to be made. The Minister may, on receipt of any such application, refer the matter to the Court, which shall inquire into the application and shall recommend to the Minister whether or not to grant the application and the terms and conditions, if any, on which the application should be granted. The Minister may, in his absolute discretion, approve of the applica- tion, or reject it, or approve of it with such modifications as he thinks proper. No memorandum of mortgage under this paragraph (g) shall have any effect as a security against the holding unless or until the consent of the Minister thereto is evidenced by endorsement thereon under his hand. (h) In the case of a transfer being approved under paragraph (e) or paragraph (f) of this proviso, the transferee shall be bound to perfo~ m the aforesaid condition of personal residence during the residue of the said period of seven years." In the said section forty-three the words "rhe provisions of paragraphs (i.) and (ii.) of section eighty- seven of this Act shall apply to preferential pastoral holdings which are subject and while they are subject to the condition of personal residence:" are repealed. Amendment 5. The following words are added to paragraph (ii.) of s. 54. of subsection one of section fifty.four of the Principal Act:- " or declare the maximum number of portions which may be applied for or held in each

LAND, CROWN. ss. 6-8. 11057 1924. Land Acts Amendment Act. specified mode by anyone person in the whole area to which the notification has reference; or both of these, provided that one person shall not be permitted to apply for or hold more than the maximum number of portions so declared, whether the aggregate area of such portions so applied for or held does or does not attain the maximum area so declared; or associate two or 11lOre portions together and declaTe the maximum area of the land comprised in such portions or the maximum number of portions which may be applied for or held by anyone person; " After paragraph (iii.) of subsection two of the said section fifty-four the following paragraph is inserted :- " (iiia.) In the case of Agricultural Selections Oultivat!on to h p 0 enpeadssfm . orgse 0 l f er . , " ti T o h n e o L n an o d r a A ft c e ts r t A h m e e d n a d t m e e o n f t nooefpweEneleyledc. tlOns Act of 1924 "-impose a condition that a specified area of the selection shall be cultivated and placed under a specified crop within a specified time or at a specified rate of progress until the specified area is so cultivated and that such specified area shall thereafter be kept so cultivated under such crop, subject, however, to any exemption, wholly or in part, for any time which the Minister in his discretion may think fit to grant in any particular case." 6. In section sixty-five of the Principal Act, after Amendment the words "next-of-kin" the words "or trustee in the of s. 65. estate" are inserted. 7. In paragraph (a) of the last proviso in section Amendment seventy-two of the Principal Act, after the word of s. 72. "administrator" the words "or trustee in the estate" are inserted. 8. Subsection two of section seventy-five of the Afme~ ~ment Principal Act is repealed and the following subsection 0 s. . is inserted in lieu thereof :- " (2.) The license or any interest therein shall not be capabIe of- (a) Being mortgaged, except to the Agricultural Bank and except in any case where the Minister in his discretion permits such

11058 s.9. LAND, CROWN. Land Acts Amendment Act. 15 GEO. V. No. 33, license to be mortgaged in order to enable the selector or a group of selectors of whom the selector is one to obtain materials or an advance of money pursuant to any law of the State of Queensland or of the Common- wealth of Australia for the purpose of developing or protecting the land; , (!; \ Transfer or assignment, whether by operation of law or otherwise, except in the case of the death or insanity of the licensee, or in any case where the Court certifies to the Minister that the licensee is unable by reason of any serious illness, accident, infirmity, or other sufficient cause to comply with the condition of personal residence or of the condition of occupation, as the case may be, or except by a mortgagee in possession pursuant to a. power of sale conferred by law." Amendment 9. The second paragraph of section eighty-six of of !I. 86. the Principal Act is repealed and the following provision is inserted in lieu thereof :- " Subject to the provision hereinafter contained with respect to the mortgage of Grazing Homesteads, the selection or any interest therein shall not, during the term or prescribed period, be capable of- (a) Being mortgaged, except to the Agricultural Bank and except in any case where the Minister in his discretion permits such selec- tion to be mortgaged in order to enable the selector or a group of selectors of whom the selector is one to obtain materials or an advance of money pursuant to any law of the © State of Queensland or of the Commonwealth of Australia for the purpose of developing or protecting the land or except in the circumstances mentioned in subsection (vi.) of the next succeeding section hereof; or (b) Transfer or assignment, whether by operation of law or otherwise, except in the case of the death or insanity or incapacity by reason of serious illness, accident, infirmity, or mis- fortune of the selector, or except by a mortgagee in possession pursuant to a power of sale conferred by law."

LAND, CROWN. ss. 10, 11. 11059 1924. Land Acts Amendment Act. 10. Any memorandum of mortgage to the Minister Yalidation of a h 0 1ding ( l.nc1u dl' ng I.n that expreSSI.On a ll' Cense t 0 otafkmenoratgsages occupy a selection) executed by any lessee or licensee stl~ 3Urity ~ or since the first day of September, one thousand nine WIre nettmg. hundred and twenty-three, as security in respect of wire netting supplied to him pursuant to the terms of the Commonwealth Act entitled the * AdvancestoSettlersAct1923, shall be deemed to have been and shall be valid and effectual for all purposes; and the Minister as mortgagee shall have and may exercise all the rights and remedies given to him by such memorandum of mortgage. 11. The proviso of subsection (iv.) of section eighty- Amendment seven of the Principal Act is repealed. of s. 87. After the said subsection (iv.) the following sub- sections are inserted :- " (v.) In the case of a transfer being approved under subsection (iii.) or subsection (iv.) of this section, the transferee shall be bound to perform the prescribed condition of personal residence. ('/,·i.) If for any reason a selector who applies for permission to transfer his interest in the selection under the circumstances mentioned in subsection (iv.) hereof is or will be unable to transfer the same unless permission also be granted for a mortgage of such interest either to himself or to some other person or a corporation or joint stock company for securing the purchase money or part thereof, the selector may, simultaneously with bis application for permission to transfer or at any time within six months after per- mission to transfer has been obtained, apply to the Minister on behalf of a known or prospective purchaser for permission to mortgage the selection, and in such event shall furnish to the Minister full particulars, to be verified by the declaration of the selector, of the terms and conditions of the proposed mortgage. In particular he shal] so furnish to the Minister particulars of the amount for which the selection is to be made .. No. 19 of 1923, page 50.

11060 SS. 12, 13. LAND, CROWX. Land Acts Amendment Act. 15 GEO. V. No. :i8, security, and the rate of interest; and, in cases where the purchaser proposes to obtain an advance to enable him to purchase the selection, the amount to be advanced and the name and address of the person, cor- poration, or joint stock company by whom the advance is to be made. The Minister may, on receipt of any such application, refer the matter to the Court, which shall inquire into the application and shall recommend to the Minister whether or not to grant the application and the terms and conditions, if any, on which the application should be granted. The Minister may, in his absolute discretion, approve of the applica- tion, or reject it, or approve of it with such modifications as he thinks proper. No memorandum of mortgage under this subsection shall have any effect as a security against the selection unless or until the consent of the Minister thereto is evidenced by endorsement thereon under his hand." Amendment 12. The following proviso is added to section of ~ . 88. eighty-eight of the Principal Act : - "Provided that nothing herein contained shall be construed so as to modify the provisions of subsection (4A) of section one hundred and nine of this Act." Amendment 13. Section ninety-one of the Principal Act is of s. (H. repealed and the following section is inserted in lieu thereof ;- ~ eighbo~ r- " [91.] (l.) If the same person is the selector of mhegldsebleycttlhOens two or more selections ' each of which is sub] . ' ect to the same condition of occupation and each of which is at a selector. distance not exceeding fifteen miles from each of the others, the continuous and bona fide residence of the selector or his registered bailiff upon one of the selections shall be equivalent to the residence of the selector or such bailiff upon each of the selections, and shall confer on the selector in respect of each selection the same rights (if any) as his own residence or the residence of such bailiff, as the case may be, would have conferred. (2.) If the same person is the selector of two or more selections, each of which is at a distance not ex- ceeding fifteen miles from each of the others, and one of

LAND, CROWN. ss. 14-16. 11061 1924. Land Acts Amendment Act. which selections is subject to the condition of personal residence and each of the others of which is subject to the condition of occupation, the continuous and bona fide personal residence of the selector upon that selection which is subject to the condition of personal residence shall be equivalent to the residence of the selector upon each of the selections, and shall confer on the selector in respect of each of the other selections the same rights (if any) as his own residence would have conferred. (3.) When the selector of a selection which is subject to the condition of occupation personally resides con- tinuously and bona fide upon and is himself beneficially interested in land situated at a distance not exceeding fifteen miles from the nearest part of the selection, such residence shall be equivalent to the residence of t,he selector upon the selection, and shall confer on him the same rights in respect of the selection as his own residence on the selection would have conferred. : Provided that the land on which he so resides is not situated in any city, town, OX' township or other centre of population, or has not at any time been declared to be suburban land." 14. After· subsection (vi.) of section one hundred Amendment and twenty-one of the Principal Act the following of R. 121. subsection is inserted :- " (vii.) It shall be a condition of. every such lease that the lessee shall not, without the written permission of the Minister first had and obtained, remove from the iand comprised within the lease any improvements effected by the lessee on the land in compliance with the requirements of this Act." . 15. In subsection two of section one hundred and Amendment thirty of the Principal Act, after the word" sublease" of 8. 130. the words "or agreement" are inserted. . 16. After section one hundred and thirty of the Principal Act the following section is inserted :- "[130A.] (1.) Every person who, before the date Fra~ dulent o 0 f / 1th9e24, p" ahsasisngacqoufire " d Th a e nd L a a t nd the Ac d t a s te Ar o ; f ~e t n h d e me p n a t ss A m . c g t I ~ n n t d e I r s e c s l t o s s . ed of that Act still holds, and every person who after the date of the passing of that Act acquires or enters into an agreement whether oral or in writing and whether

11062 s. 16. LAND, CROWN. !Land Acts Amendment Act. 15 GEO. V. No. 33, express or implied under or pursuant to which he has acqwred or may acqwre any share or interest in any holding (other than as the registered lessee or licensee thereof), whether in partnership with the lessee or licensee thereof or otherwise howsoever, shall, in the case of any such share or interest held at the date of the passing of that Act, forthwith, and in all other cases forthwith upon acquiring such share or interest, or forthwith upon entering into such agreement, as the case may be, give notice to the Minister, by writing under his hand, setting forth the true and full extent of his share or interest in such holding acquired or that may be acquired and, upon any failure so to do, such person shall be deemed to have acquired land by fraud upon this Act, and shall be liable to the forfeitures hereinafter provided: Provided always that any such notice shall not affect any liability or forfeiture which would otherwise accrue or be incurred under any provision of this Act by reason of any such acquisition or agreement. (2.) If any person, whether by application or by transfer or other means whatsoever (other than by mere devolution of law), acquires or seeks to establish whether in the Department of Public Lands or by action or other proceeding in any court whatsoever and whether against the Crown or any other party a title to any lease or license of a holding or holdings or any interest in any holding or holdings, and the aggregate area of such holding or holdings or interest therein ascertained in acreage and of any holding or holdings of which such person is already the lessee or licensee and of any interest in any holding or holdings ascertained in acreage already held by him is a greater area of land than by this Act is permitted to be applied for or held by one and the same person, such person shall be deemed to have acquired land by fraud upon this Act and shall be liable to the forfeitures hereinafter provided: Provided, however, that the Minister in his discre- tion may, by instrument in writing under his hand, waive the whole or any part of any forfeitures to which any person has become liable under the provisions of this subsection if the Minister is satisfied that such person has made full disclosure to him of all the interests held by such person in any holding or holdings prior to

LAND, CROWN. s. 16. 1924. Land Acts Amendment Act. the further acquirement of or application for or action or other proceeding in respect of any lease or license or interest therein as hereinbefore mentioned. For the purposes of ascertaining under this sub- section the acreage of any interest in any holding, such acreage shall bear to the total acreage of the holding the same proportion as the interest of the person concerned bears to the total interests in that holding. (3.) Any person who applies for or holds any preferential pastoral holding or selection, .and in respect of the same or any part thereof or interest therein is a trustee, agent, or servant of or for any other person, shall be deemed to have acquired land by fraud upon this Act, and shall be liable to the forfeitures hereinafter provided. (4.) Notwithstanding anything contained in this Act, all leases and licenses whatsoever of all holdings, and all shares and interests therein whatsoever, and all improvements whatsoever upon any holding or holdings, and the shares or interests in such improvements held, owned, occupied or possessed within any part of Queens- land by any person who under any of the three last preceding subsections of t4is section is deemed to have acquired land by fraud upon this Act, shall be liable to be forfeited to His Majesty by the Governor in Council without any notice or process whatsoever, and from and after the date of such forleiture every such person shall give peaceful possession of all land and improvements and shares and interests therein so forfeited; otherwise he shall be deemed to be a trespasser and the provisions of sections two hundred and three and two hundred and four and any regulations relating to trespassers shall apply accordingly. Any such share or interest so forfeited may be disposed of in such manner as the Minister may declare by notification in the Gazette. (5.) In this section, the term" person" includes not only an individual person but also any partnership or firm or association of persons or joint stock company or corporate body in all cases where any partnership or firm or association of persons or joint stock company or corporate body might, without contravening this Act, be authorised to acquire, hold, or apply for any lease or license of a holding or any share or interest therein." 11063

11064 ss. 17·19. LAND, CROWN. Land Acts Amendment Act. 15 GEO. V. No. 33, Amendment 17. The following provision is added to subsection of s. 145. one of section one hundred and forty-five of the Principal Act:- "When for any public purpose it is not necessary that the whole interest of the lessee should be resumed but it is sufficient to acquire an easement (including in such expression any right of way) upon the holding or part thereof, such easement may be resumed by the Governor in Council, and such resumption shall for the purposes of this Act be deemed to be a resump· tion of part of it holding." 18. Section one hundred and fifty-seven of the Principal Act is repealed and the following section is inserted in lieu thereof :- ~ rortgageeB "[157. ] Upon the application of the lessee of a of preferential pastoral holding (which is subject to the pparec; fteorroanl tial cond' ition of personal residence during t he first seven holdfngs and years of the term) or of a grazing homestead, at any ~ ~ ~ l~ ~ eads. time after the issue of the lease and in the case of a preferential pastoral holding during the said first seven years, or in the case of a grazing homestead during the first five years of the term, the Minister may, in his discretion, for any special reason and upon being satisfied that the applicatiori is made bona fide for the purpose of stocking or improving the holding, allow the lessee to mortgage the holding to any person, corpora- tion, or joint stock company, subject to such conditions as the Minister thinks fit. Every such application shall contain full and accurate particulars, to be verified by the declaration of the lessee, of the name and address of the person, corporation, or joint stock company by whom the advance is to be made, the amount to be advanced, the rate of interest, and the other terms and conditions of the proposed memorandum of mortgage. No such memorandum of mortgage shall have any effect as a security against the holding unless or until the consent of the Minister thereto is evidenced by endorsement thereon under his hand." Amendment 19. Paragraph (a) of subsection one of section one of s. 159. hundred and fifty-nine of the Principal Act is repealed, and the following paragraph is inserted in lieu thereof :- " (a) Enter upon and take and retain possession of the holding, giving notice of such entry to

LAND, CROWN. ss. 20, 21. 11065 1924. Land Acts Amendment Act. the Minister within thirty days thereafter. The mortgagee, while in possession of the holding, shall, save as next hereinafter provided, be bound to perform all the con- ditions which by this Act the lessee would have been bound to perform if he had continued in possession of the holding; but, in cases where the holding is subject to the condition of personal residence during the whole term or any specified period thereof, such condition may be performed by the continuous and bona fide residence on tlie land of a registered bailiff who is himself qualified to take up a similar holding." 20. In the first paragraph of section one hundred Amendment and sixty-six of the Principal Act, after the word of s. 166. " Minister" the following provision is inserted ; - " It shall be in the absolute discretion of the Minister whnther he will grant or refuse to grant such permission. Any transfer of or agreement to transfer any lease or occupation license without the previous permission of the Minister thereto shall be a breach of a condition on which the lease or license is held, and the lease or license shall be liable to be forfeited accordingly." 21. (1.) After the second paragraph of section one Amendment hundred and sixty-eight of the Principal Act the following of B. 168. paragraph is inserted;- " It shall be in the absolute discretion of the Minister whether he will grant or refuse to grant such permission. Any subdivision of or agreement to subdivide any holding or land held under occupation license without the previous permission of the Minister thereto shall be a breach of a condition on which the lease or license of the land is held, and the lease or license shall be liable to be forfeited accordingly. " In the fourth paragraph of the said section, after the word "term" the words " and the periods, if any·, of the new leases shall be fixed by the Minister, taking into consideration any adjustments of periods that appear to him to be necessary; Provided that the rent in respect of each of the new leases or licenses for the whole term or the first period thereof (if any) shall, unless the Minister otherwise determines, bear such proportion to the rental in respect of the surrendered lease or license as .

11066 s. 22. LAND, OROWN. Land Acts Amendment Act. 15 GEO. V. No. 33, ---- ~ ~ - ~ ~ - . - - - the respective areas comprised in the new leases or licenses bear to the total area of the land comprised in the surrendered lease or license; but in the case of a new lease, with periods, the rent for the second and each subsequent period shall be determined by the Court" are inserted. (2.) The aforesaid amendment of the fourth para- graph of section one hundred and sixty-eight of the Principal Act shall be deemed to have been inserted therein at the date of the commencement of the Principal Act. Aofms.en 1 d 7 m 1. ent one h 2 u 2 n . dTrehde anfodllosewvienngtyp- roonveIsoIOf nths earPerinadcidpeadl tAoctse:c-tion "Notwithstanding anything in any Act contained, in any case where the lessee or licensee of any holding (whether or not the lease or license was or is subject to the condition that the land shall be enclosed and kept enclosed with a rabbit-proof fence or with a marsupial-proof fence, or with both a rabbit-proof and marsupial-proof fence) has fenced the boundary of such land either wholly or in part with a fence which is marsupial-proof or rabbit-proof, or both marsupial-proof and rabbit-proof, or has by transfer or devolution acquired such fence and such lessee or licensee claims that such fence is or will be of material benefit to any owner, lessee, licensee (not being an occupation licensee), or holder of adjoining land along t,he said boundary, the first-mentioned lessee or licensee may, by summons served upon such persons or any of such persons, and notwithstanding that the provisions of the said Fencing Acts with ra3pcct to ne>tice lave not been complied with, apply at any time to the Magistrates Court (constituted by a police magistrate sitting alone) nearest the place where the fence exists, to decide whether any such benefit has been so conferred. A copy of every such summons shall be served by the plaintiff on the Minister at least thirty days before the day fixed for the hearing, to enable the Crown (if deemed desirable) to intervene for the protection of the interests of the Crown; but in such case the Crown shall not be deemed to be a party. Such Court shalldeclare the value of the fence and the proportion of benefit (if any) which the person summoned derives or will derive from the fence and

LAND, CROWN. s.22. 1924. Land Acts Amendment Act. the amount he shall pay to the plaintiff, and gIVe judgment for such sum (not exceeding one-half of such declared value) as is equivalent to such benefit. Such Court may also determine the terms on which payment in satisfaction of such judgment shall be made by the defendant to the plaintiff, and section fifteen of *" The Fencing Act of 1861 " shall for this purpose be construed, if necessarv, as if in lieu of the words" after such adjudication" therein the words" after they became due" were substituted : Provided that- (a) In any case where terms of payment by instalments are granted by such court, all unpaid instalments shall, on disposal of any such adjoining lands by the owner, lessee, licensee, or holder thereof for the time being, become immediately due and payable and immediately recoverable; (b) Where payment has been made for any such fence in respect of such adjoining land to the lessee or licensee who erected or acquired such fence, he shall have no further claim against any incoming owner, lessee, licensee, or holder of such adjoining land; (c) For the purposes 01 this section, land shall be deemed to be adjoining to land on which a boundary fence is erected in any case where it is only separated by a road from the boundary which is fenced and where such boundary fence is used as a dividing fence there10r; but in this case such Court in lieu of giving judgment for a sum equivalent to the benefit as aforesaid shall give judgment for a sum to. be paid as and by way of an annual rental in respect of such benefit, which rental shall only continue to be payable so long as the fence is used as a dividing fence. The remedies provided by this section shall extend so as to include in every case the maintenance and keeping in repair of any fence to which this section applies. If the land of the complainant or plaintiff in any proceeding under this section is subject to any mortgage or charge in favour of the Crown or the lYlinister in respect * 25 Vie. No. 12, supra, page 753. M 11067

11068 s. 23. LAND, CROWN. Land Acts Amendment Act. 15 GEO. V. No. 33, of any advance made to him or to any predecessor.in title for the purposes of any fence or any materials thereof erected on his holding, the adjudicating Court shall, upon application by or on behalf of the Crown, aB part of its judgment order and direct that the sum adjudged to be paid, or so much thereof as is required for the purpose, shall be paid to the Minister in discharge of the mortgage or charge or part thereof so far as the sum adjudged to be paid will go; and the sum so ordered to be paid shall be paid by the defendant accordingly to the Minister or as he may direct; and upon such payment being made the judgment debt shall be deemed to be satisfied wholly or pro tanto, as the case may be: Provided, nevertheless, that in any such case the Minister in his discretion may, in lieu of requiring payment to be made to him by the defendant of any sum ordered to be paid to the Minister under the last preceding provision hereof, accept from the defendant as and by way of security for the payment of such sum a mortgage or charge over the holding of the defendant in an amount equal to the amount so ordered to be paid. and subject to such terms and conditions as may be imposed by the Minister, and the defendant shall and, notwithstanding any Act to the contrary, is hereby authorised to execute such mortgage or charge accordingly; thereupon the holding of the defendant shall be and, until such sum with interest (if any) has been paid, remain mortgaged or charged accordingly, and subject as hereinbefore provided the provisions of the Act which were or are applicable to the mortgage or charge created in favour of the Crown or the Minister over the holding of the complainant or plaintiff, as hereinbefore mentioned, shall mutatis mutandis be applicable to the mortgage or charge executed by the defendant as aforesaid. . The decision of a Court under any of the provisions of this section shall be final and conclusive as between the parties." Amendment 23. After section one hundred and ninety-seven of f s. 197., the Principal Act the following section is inserted : - Eaf1€ments. " [197 A.] Where in the opinion of the Minister it is desirable to permit of the registration of an easement (including any right of way) over any land held under this Act under any tenure from the Crown, whether as

LAND, OROWN. ss. 24, 25. 11069 1924. Land Acts' Amendment Act. between the Crown and the lessee or as between the lessee and any other person, or as amongst the Crown and the Jessee and any other person, the Minister may by notification in the Gazette direct that such easement shall be registered in the proper register. Every such notification shall prescribe the form, operation, continuance, and effect of any such easement. Upon such registration, the holding shall be subject to the easement as an encumbrance running with the land. Except in the case of an easement which has been acquired by the Crown by resumption from a holding, no easement shall be registered unless previously agreed upon between or amongst the parties. The Governor in Council may prescribe the fees payable for lodgment and registration of such ease- ments." Amendments of Discharged Soldiers' Settlemen~ Acts. 24. The words "and *" The Agricultural Bank Act A~ (mdmel'l. t of 1923" and all regulations in force made or purporting of s. 2. to be made thereunder" are added to the definition of "State Advances Act" in section two of t' The Discharged Soldiers' Settlement Acts, 1917 10 1920" as amended by t" The Land Acts Amendment Act of 1922." The following definition is added to the said section ;- "The term "State Advances Corporation" means and includes the State Advances Corporation created by §" The State Advances Act of 1916" or any predecessor of that Corporation having had the like powers under any statute of making advances to settlers; the term includes the Agricultural Bank." 25. After paragraph (b) of subsection five of A~ nendment section five of the said Acts the following provision is 01 s. 5. inserted ;- " Provided always that in any case the Minister, in his discretion, may permit a lessee to mortgage his lease before the expiration of the first ten years from the date on which he * 14 Geo. V. No. 41, supra, page 10443. t 7 Geo. V. No. 32 and 10 Geo. V. No. 21, supra, page 9453. t 13 Geo. V. No. 34, supra, page 10096. § 7 Geo. 5. No. 17, supra, page 9603.

11070 ss. 26, 27. LA~ D, CROWN. Land Acts Amendment Act. 15GEo. V. No. 33, commenced to personally reside in order to enable him to obtain materials or an advance of money pursuant to any law of the State of Queensland or of the Commonwealth of Australia for the purpose of developing or protecting the land. In such case, where the land is already mortgaged or agreed to be mortgaged to the Minister or the State Advances Corporation, such permission may, notwithstanding any provision in any Act contained, be given to the lessee to execute a second mortgage of the land. The regulations may prescribe the form, operation, and effect of any such mortgage, and the modes and remedies for enforcement of payment of aU moneys secured by such mortgage. " Amendment 26. After paragraph (b) of subsection four of section of s. 5A. 5A of the said Acts, the following provision is inserted : - " Provided always that in any case the Minister, in his discretion, may permit a lessee to mortgage his ;ease before the expira- tion of the first ten years from the date on which he commenced to personally reside, in order to enable him to obtain materials or an advance of money pursuant to any law of the State of Queensland or of the Common- wealth 0: Australia for the purpose of develop- ing or protecting the land. In such case. where the land is already mortgaged or agreed to be mortgaged to the Minister or the State Advances CorporatiOn, such permission may, notwithstanding any pro- vision in any Act contained, be given to the lessee to execute a second mortgage of the land. The regulations may prescribe the form, operation, and effect of any such mortgage, and the modes and remedies for enforcement of payment 0: all moneys secured by such mortgage.' , Amendment 27. The following provision is added to section 70 of s. 70. of the said Acts - "Provided, nevertheless, that each of the said holdings shall not be distant more than five miles from

LAND, CROWN. ss. 28-30. 11071 1924. Land Acts Amendment Act. each other calculated as between the nearest points of the holdings, unless the holdings held by the lessee are within the same soldier settlement, in which case any of such holdings may be situated at a distance of more than five miles, calculated as aforesaid, from any other of them." 28. In the third paragraph of section 90 of the Amendment said Acts, before the words "will not" the word " as " of s. ge. is repealed. 29. The following provision is added to section 9E Amendment of the s.aid Acts :_ of s. DE. " Moreover it shall be lawful for the Minister, who pursuant to this Act has entered into possession as mortgagee of any holding, to dispose of such holding to any person otherwise qualified although he is not a discharged soldier, or to open the area comprised in such holding to selection as Crown land." Amendment of Closer Settlement Acts. 30. The following provision is added to section Amendment four of *" The Closer Settlement Acts, 1906-1923" as of s. 4. amended by t" The Land A(ts Amendment Act of 1922" (which Acts as so amended are herein referred to as . the Closer Settlement Acts) :- "Notwithstanding the provisions of t" The Public Works Land Resumption Acts, 1906 to 1917 " the Land Court shall not have jurisdiction to hear or determine any matters for compensation for land acquired for the Crown under this section, but the Land Appeal Court shall have jurisdiction to hear and determine all such matters, sitting as a tribunal of the first instance, and for such purpose all the provisions of Part n. of §" The Land Act of 1910 " with its several amendments in force for the time being (jncluding Division V. of such Part), so far as the same are applicable shall extend to the hearing and determination of all such matters. The decision of the Land Appeal Court thereon shall be in writing and shall be transmitted by the Registrar of the Land Court to the Registrar of the Supreme Court to be filed in the Supreme Court. In all other respects the * 6 Edw. VII. No. 32 and amending Acts, supra, pages 8901, 9341, and 10632. t 13 Geo. V. No. 34, supra, page 10096. :I: 6 Edw. VII. No. 14 and amending Acts, supra, pages 8211 and 8362. § 1 Geo. V. No. 15, supra, page 8i75.

11072 ss. 31, 32. LAND, CROWN. Land Acts Amendment Act. 15 GEO. V. No. 33, 1924. Conse· quential runend. ments. provisions of *" The Public Works Land Resumption Acts, 1906 to 1917" shall be applicable, except that for the purposes aforesaid the expression "Court" shall mean the Land Appeal Court sitting as a court of the first instance.' , 31.' The following consequential amendments are made in the Closer Settlement Acts :- (i.) In section twenty, the words "the Land Court ot', on appeal," are repealed. (ii.) In section twenty-one, the words "The decision of the Land Court if not appealed from, or on an appeal" are repealed; also the words "by the Land Court or, on appeal," are repealed. (iii.) In section 21A, the words "Land (1.JOurt or" and the words "as the case may be" where they respectively twice occur are repealed. Amendment of S. 36B. 32. The following words are added to paragraph (ii.) of subsection one of section 36B of the Closer Settlement Acts :- "or declare the maximum number of portions which may be applied for or held by anyone person in the whole area to which the notifi- . cation has reference; or both of these, pro- vided that one person shall not be permitted to apply for or hold more than the maximum number of portions so declared, whether the aggregate area of such portions so applied for or held does or does not attain the maximum area so declared; or associate two or more portions together and declare the maximum area of land comprised in such portions or the maximum number of portions which may be applied for or held by anyone person." The following words are added to paragraph (iv.) of subsection two of the said section 36B : - " and that such specified area shall thereafter be kept so cultivated under such crop, subject however to any exemption wholly or in part for any time which the Minister in his discretion may think fit to grant in any particular case." * 6 Edw. VII. No. 14 and amending Acts, supra, p3ges 8211 and 8362.