Land Acts Amendment Act of 1927 (18 Geo v No. 17) (Qld)

LAND, CROWN. 18GEo. V. No. 17, 1927. Land Acts Amendment Act. 119·19 LAND, CROWN. Land Acts Amendment Act of 1927 ., 18 Geo. V. No. 17 Agricultural Township Portions Act of 1927 .. 18 Geo. V. No. 12 An Act to Amend "The Land Acts, 1910 to 1925," 1~ ~ ~ ~ ' 7: ' by Providing for a Measure of Relief to Certain L 'TH~ Settlers detrimentally affected by Drought A: ~ ~ m. [ ~ ~ T C on d I · t · lOns; an d b y P rOVl 'd l ' ng fi or th e f u · rtller ACTOF 1927 . Encouragement of Pastoral Development; to Amend such ~ I\ . cts and Other Acts in certain particulars; and for other purposes. [ASSENTED TO 31ST DECEMBER, 1927.J B E it enacted by the King's Most Excellent Majes~ y, by and ,vith the advice and consent of the LegIs- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- PA!lT 1.- PllELDllKAllY, AND DROI~ GH1' PART I.-PRELIMINARY, AND DROUGHT RELIEF. RFWF. 1. (1.) ThI.S Act may he C.Ited as " The Land Acts aSnhdort tij, ~ e Amendment Act of 1927," and shall, so far as any constrnction. amendments of or references to *" The Land Acts. 1910 to 1925," are eoncerned, be read as one with *" The Land Acts, 1910 to 1925," hereinafter referred to as thePrincjpal Act. (2 • ) Th I ' S Aet sha 1 · co 1 me ' Into operatI . On on a date to mCoemntmoefnAcec·t be fixed by Proclamation published in the Gazette, which date is hcrein referred to as the commencement of this Act. (3.) This Act is divided into Parts as follows:- PART L-PRELIlVIINARY, AND DROUGHT RELIEF; PART n.-LAND ADMINIS'I'RATION BOARD; PART IlL-PERSONAL RESIDENCE, CONVERSION OF TENUHES, LIVING AREAS, RENTS, PARTNERSHIP AGREEMENTS; PART IV.-DEVELOPMENT OF DIFFICULT' COUNTRY; PAnT V.-MrSCELLANEOUS A1VIENDMENTS TO THE PRINCIPAL Am' AND REGULATIONS; PART VI.--AMENDMENTS TO ACTS OTHER THAN THE PRINCIPAL ACT; PART VII. - ApPLTCATro~ 0]' P110VISIONS m;' THIS ACT TO PRTC!,-Ly-PEAH LAND. * 1 Qeo. V. No. 15 and amending A ct~ , wpo, pages 8775 et 8e'1.

11950 LAXD, CROW:'\. PART 1.- PRELIMIN ARY, A~ D DROuGHT Land Acts Amendment Act. 18 GEO. V. Xo.17 r RELIEF. .,------------------------- Drought 2. For the purpose of affording a measure of relief relief. to grazing selectors detrimentally affected by the drought conditions of this State, it is hereby declared and enacted as follows :- Application (1.) Any lessee of a Grazing Selection detrimentally' by lessee. affected by the drought conditions, whose lease shall expire within ten years from the commencement of this Act, may apply, by notice in writing under his hand or under the hand of his agent, in the prescribed form or to the. like effect, to the Minister that he desires his lease to be considered by the Minister under this Act. When to he (2.) Such application shall be made within six matle. months after the commencement of this Act or within such further time as the Miruster may in his discretion allow. Reference to Board. (3.) (a) The Minister shall thereupon refer such. application to the Land Administration Board, con- stituted as hereinafter provided, for inquiry and recom- mendation as hereinafter provided. Matters to (b) In inquiring into any such application, the fn~ estigatcd Board shall take the selection into consideration, and by Board. in particular shall investigate- (i.) The extent to which the selection has been detrimentally affected by the recent drought; (ii.) The area of land of the quality of the selection in question that is sufficient to afford a. prudent selector a reasonable living area, as hereinafter defined, in average seasons; (iii.) The rental value of the land; (iv.) The public interest; (v.) Any other factors and circumstances as may be deemed fit and proper. Re:.omIlen· (c) The Board shall at the conclusion of the inquiry Bdlol(atirodn. s by forward to the Minister a recommendation in respect of the various matters which the Minister is required in his. decision to determine, as set forth in paragraph (e) of this subsection. Minister to consider lecommen· dation. (d) The Minister shall consider such recommendation, and may, in his absolute discretion, approve of such recommendation or may refuse such recommendation, or may refer such recommendation back to the Board for further inquiry.

LA~ D, CROWN. 11951 PART 1.- 1927. Land A.cts ~ lmcndment Act. PRELnHNARY, AND DROUGHT" - - - - - - - - - - - - - - - - - - - - - - - - - ItELIEF. (e) The Minister shall in his decision determine : - Decision of (i.) The area of land that shall be granted toJHinister. the selector as a new Grazing Selection; (ii.) The term of lease of the ne"", Grazing Selec- tion, not exceeding in any case twenty-eight years; (iii.) The rent to be charged for the first period of seven years of the lease of the new Grazing Selection; (iv.) Any special conditions deemed necessary for insertion in the new lease in the public interest. (1) It is hereby declared that the decision of the Decision to> Minister in respect of any such application shall be a be final. decision in his absolute discretion and shall not be subject to any appeal or review by the Land Court or by the Supreme Court or by any other tribunal whatsoever. (g) The lVfinister shall in the prescribed form Decision to communi.cate his decision on any such aI)plication to b m e u c m ~ c m· a t e cl the applicant. to applicant. (h) On receipt of such decision the lessee shall, Election by within three months from the date of the decision of lessee. the Minister or such further time as may be prescribed, give notice of election in the prescribed form or to the like effect to the Minister, as to whether he shall take advantage of the decision of the Minister. Such notice, when received by the Minister, shall be irrevocable by the lessee, and shall bind both the lessee and his succe~ ssors in interest. Two or more holdings held by the samc lessee may be included ill one such notice of election. (i) In the (" ase of a lessee electing to take advantage Issue of of the decision of the :Minister, such lessee shall thereuuon no, ~ lease. surrender his existing lease, and a new lease in accordn~lce with the decision of the Minister shall be issued to such lessee forthwith, which lease shall take effect as from the quarter-day next fol1mving the date of the decision with respect to such holding. Such lessee shall thereupon hold the land referred to in such new lease, subject to the terms, conditions, provisions, and stipulations of the Prjncipal Act and this Act, and to any terms, conditions, provisions, and stipulations imposed upon such land by the Minister in his decision. H

11952 LAXD, CRO\Y:\. PART I.- PRELnn~ ARY! Axn DROt:GH'l' RELIEF. Land Acts Amendment Act. 18 Gm. Y. ::\u.17, Saving of Principal Act. (j) Subject to this Act, nothing in this Act shall affect or prejudice or in any wise limit the operation of the provisions of the Principal Act in regard to such lessee or in regard to the new lease or the land comprised therein, and the provisions of the Principal Act shall so extend and apply accordingly. Lessee not electing. (k) Should the lessee not elect to take advantage of the decision of the Minister, such decision shall have no effect with respect to the holding, and the existing lease thereof shall continue and remain in force. ' No right to claim new (4. ) Nothing in this section shall confer upon any lease lessee a right to claim any new lease under the conferred. provisions of this section. Payment of (5. ) Notwithstanding anything contained in the rent. Principal Act, the rent of every such holding dealt with under the provisions of this section shaH be paid at the rate fixed under the Principal Act until the quarter-dn,y referred to in paragraph (i) of subsection three of this section, and thereafter for the first period of seven years of the new lease the rent shall be paid in accordance with the decision of the Minister. Absolute (6.) Notwithstanding anything to the contrary in odifs ~ c I r i e n t i i s o t n cr. any law contained, the Minister Ehall have an absolute discretion, after considering any holding, to rejeot or refuse any application under this section. . Pro. isions 3. The provisions of the last preceding section shall etox:tbeended to be extended, with or without such modifications as may be other cases. prescribed, to permit at any time of any lessee of a Graz- ing Selection, whether detrimentally affected by drought conditions or not, whose lease has not more than seven years to run, applying to the Minister for the extension of the aforesaid provisions to him in respect to the whole or part of his Grazing Selection, and the Minister may in his absolute discretion approve of such applica- tion accordingly or may refuse such application, or may approve of same subject to such terms, conditions, provisions, or stipulations as he may deem fit. PART II.- LAND Am\nNISTRA· TION BOARD. PART n.-LAND ADMINISTRATION BOA: ~ D. Appoint. 4. (1.) For the better carrying out of the provisions fmUeIlnctt: aonnsd of of this Act, and in particular for assisting the Minister Land in granting drought relief to grazing selectors in tAio( : nm:BnoiHatrrda. . accordance with the provisions herein contained, the

LAND, CROWN. 11953 P.IRT If.- 1927. Land Acts Amendment Act. LAND ADMINISTRA. - - - - - - - - - - - - - -- - - ~ - - - - - - TION BOARD. Governor in Council may appoint three persons to be a Land Administration Board (hereinafter called "the Board "), for a term of one year from the date 'of the commencement of this Act, and for such longer period as from time to time the Governor in Council deems proper. One of such persons shall be appointed chairman of the Board. (2.) Notwithstanding anything in any Act contained, M"mbers. a member or members of the Land Court, a member or members of the Prickly-pear Land Commission, or any other judicial or administrative officer holding office under the Crown may be appointed chairman or member of the Board without vacating his present office or offices, and the Governor in Council may make any necessary appointments of any deputy or deputies for carrying out the judicial and administrative duties of any of such members or officers during his service on the Board~ Any person appointed as deputy for any such member or officer so appointed to the Board, while he so acts as deputy, shall have all the powers, and perform all the duties of, and be subject to the same disabilities as attach to a person holding the office or offices in respect of which he is acting as deputy. (3.) The chairman and members of the Board Remunera. shall receive such remuneration and allowances as the tion. Governor in Council may fix. (4.) The Board shall during the period of its Powers. office- . (a) Advise the Minister on matters of land administration generally; (b) Subject to the Minister, be charged with the proper and effective administrGttion of Crown lands; (c) Make any inquiry or investigation which the Minister or the Board may think necessary or expedient so to make. For the above purposes, whenever in this. Act and/or the Principal Act the Minister is empowered or required to exercise or discharge any power, authority, or duty with respect to or in relation to land, the same may be exercised or discharged by . him after giving due

11954 PARr IT.- LAND AnMJ r-:ISTR.\- TIOR BOARD. LA~ D, CROWX Land Arts Amendment Act. ] 8 GEO. V. ::\0.17, consideration to the recommendation of the Board, and the said provisions of this Act and of the Principal Act shall be construed accordingly. Board (5.) For the purpose of any such inquiry or c d o es m n m le- i d ss a ion investigation, the Board and each and every member under the thereof shall have the same po\vers, authorities, and IOnfqfiuciirailes protection as a commission under *"The OlficialInquiries Evidence Evidence Act of 1910." Act. Regulat:ons. (6.) Regulations may be made prescribing the duties and responsibilities of such Board, the regulation of meetings, proceedings, and the conduct of business of such Board, the appointment of a secretary or other officers (if necessary) and generally such other matters or things whieh it may be considcred necessary or expedient so to prescribe. Consequen- (7.) "\Vhile such Board is in office, section fourteen a ti m al en( 1 men t S of the Principal Act is deemed to be amended as follows : - tohfes.P1ri4ncoifpal I n subsec t · ' lOn f our, after tlle word "1 l \ l / 'l r . ' InI • S t er" the Act. words "or the Land Administration Board or any member thereof" are inserted. In subsection eight, after the word "Minister" the words "or the Land Administration Board or any member or officer thereof" are inserted. The following new suhsection is added to the said section:- . " (11.) For the purposes of this section, the v{Ords "Department of Public Lands" or "Department" shall also mean and include the Land Administration Board constituted under t"The Land Acts Amendment Act of 1927," or any member or officer thereof." When Board (8.) 'Where in any part of this Act it is provided oc ~ e Oft a il s clL ; e s , n m u t e o a . I t I t I er It . nhartestpheectM 0 i 1 n " iastneyr smhaaltlteerxeorrci . l s L i e h" magnya f pteorwseurco I 1 r mauatthteorriotyr C r m e o a f u e y r r r t , . e , a ~ to trhecinogmmhaesn d bae t e ' IOnn, rte. hfeernr, e I d 'f tsouct1 1 he B oBaol'( arcd I eafsoers t in 0 quciorn v v t' Iannude in office, the Minister may in his discretion refer such matter or thing to the Court for inquiry and recom- mendation. * 1 Geo. V. No. 26, supra, page 748· t 18 Geo. V. No. 17 (this Act).

In\ND, CROWN. 11955 1'.IRT III.- 1927. Land Acts .Amendment Act. PERSONAL RESIDENCE, CONVERSION OF TEXl:RES, PART IlL-PERSONAL R ESIDENCE, C ONVERSION OF ;\m L \ p s: -n R ; . n ;XTS, TENURES, LIVING AREAS, RENTS, PARTNERSHIP PAU'l'XERSHlP AGREE~ I£ ~ TS. AGREElVIENTS. of th 5 e . SPurbinsecciptiaoln A 4A ct ofissercetpioeanleodneahnudndtrheed a f onldlowniinnge Aofms.en IO d ! m ), ent subsection is inserted in lieu thereof : - " (4A.) A Grazing Homestead sele , cted since the first r P e e S ~ 1 ~ d< f o i n n ~ e l s on day of January, one thousand mne hundred and Grazing seventeen, shall be subject to the condition of personal H?mteSle~ds residence in accordance with the following provisions : - ~ ~ te~ T= n~ ~ ~ ~ ; : (a) In respect of a Grazing Homestead selected IDli. by the selector when the land was opened or may hereafter be opened for competition, such Grazing Homestead shall be subject to the condition of personal residence during the continuance of the first period of the term of such Grazing Homestead-that is, the selector shall personally resjde on such Grazing Homestead for the period of seven years. For any period subsequent to such first fJeriod of seven years, and to the end of the term of the 'lease of the Grazing Homestead, the condition of personal residence shall not apply to such Grazing Homestead if such selector so continues as the selector thereof, but the condition of occupation as defined in section eighty-nine hereof shall apply. (b) In any case where a Grazing Homestead has with the consent of the Minister been sold by a selector, the purchaser of such Grazing Homestead shall be required to conform to the condition of personal residence on such Grazing Homestead during a term of five years from the registration in favour of such purchaser of the transfer of such Grazing HomEstead. For any period subsequent to such period of five years and to the end of the term of the Grazing Homestead, the condition of personal residence shall not apply in respect of such Grazing Homestead, if such purchaser so continues as selector, but the condition of

11956 l'ART III.- PERIOO'iAL REF) IDr: ~ ~CE, CO: ~ VERSION OF TEEl:RES, Lrn:-la AREAS, RE:>IS, PAETXERSHIP AGREEME'iTR. LA~ D, CROW)J. Land Acts Amendment Act. ]8 GEO. V. Xo.17, occupation as defined in section eighty-nine hereof shall apply to such Grazing Homestead. From time to time, as the land is trans- ferred, the condition of personal residence shall be reimposed in the lease of such Grazing Homestead for a period of five years from the date of the registration of each transfer or until the lease expires, whichever is the shorter period. (c) In the case of a Grazing Homestead acquired under the provisions of section seventy-two hereof, if the selector has already fulfilled five years' personal residence on the land com- prised In the expired lease the new selection shall be subject to the condition of occupation, as defined in section eighty~nine hereof, throughout the whole of the term of the lease if it continues to be held by the same selector. If the selector has not fulfilled five years' personal residence on the land comprised in the expired lease, the new selection shall be subject to the condition of personal residence for such a period as is required to complete five years' personal residence on the land by the selector. From time to time, as the land is trans- ferred, the condition of personal residence shall be reimposed in the lease of such Grazing Homestead for a period of five years from the date of the registration of each transfer: Provided that nothing in this para- graph (c) shall extend and apply to a Grazing Homestead acquired prior to the passing of *"The Land Acts Amendment Act of 1925," nor to a Grazing Homestead comprising the whole or a part of an expired holding which was not at the time of the expiry thereof subject to the condit:on of personal residence, but the condition of occupation as defined in section eighty-nine hereof shall extend and apply." * 16 Geo. V. No. 27, supra, page 11318.

LAND, CROW . N ... . 11957 PART In.- 1927. Land Acts Amendment Act. PERSONAL RESIDENCE, - - - - - - - - - - - - - - - - - - - - - - - - CONVERSION Ol!' TENURES 6. (1.) The selector of any Perpetual Lease Selec- LIVING' tion who at the time of applying for the land obtained : : : : ! ~ ~ s~ ~ ~ s~ priority by offering to effect the cultivation of at least AGREEME~ TS. one-twelfth part of the selection within the first three ~t~ ; ~ : ] ~ n years of the term in accordance with the provisions of Perpetual section seventy-one of the Principal Act, and which ~ ~ : : ~ t condition he is unable to perform, may make application Homesteads to the Minister, at any time within six months after the commencement of this Act, to be allowed to surrender his selection and obtain in substitution therefor a lease of the land as a Grazing Homestead. Every such applicant shall be required to establish to the satisfaction of the Minister that the land comprised in the selection is of such quality as to be unsuitable for cultivation to the extent required by the existing con- dition of the lease, or that the climate or other circum- stances of the locality in which the selection is situated renders the selection unsuitable for cultivation, and that in consequence thereof the cultivation condition of the lease is economically impossible of performance. (2.) The term of the new lease, the rental, and such Terms and other conditions as the case may be deemed to require, cOfnditi~ ns S h a, 11 be determm. ed by t he M U i' lster i . ll h' IS a bso1ute 0 new ease-. discretion after reference by the MinistEr to the Board; and on the surrender of the selection the selector shall be forthwith entitled to a new lease of the land as a Grazing Homestead for the term and on the conditions so determined. Except in respect of the unexpired part of the year during which the surrender of the selection is made, no sums paid as rent under the surrendered selection shall be credited to the new lease. In the case of a surrendered selection which was subject to a condition of personal residence, it shall be a condition of the new lease that such condition shall be performed to the extent provided for personal residence on Grazing Homesteads (other than Grazing Homesteads acquired pursuant to the provisions of section seventy- two of the Principal Act) selected since the first day of January, one thousand nine hundred and seventeen. In all other respects the conditions of the new lease shall be such as are determined by the Minister and as are provided by this Act and the Principal A9t with respect to Grazing Homesteads.

11958 PART III.- LAXD, CRO'VX *' PERSOKAL RESIDENCE, Land Acts Amendment Act, 18 GEO, V, Xo,17, CONVERSIOX OF L T I E V N IN UR G ES ' 7 • ( • 1) Notwl' thstandm' g anyLhm' g conta'med'm the PAARRETAYSE, R R S E H N I T P S, Principal Act , and sub)' ect to the ne " xt following proviso , AGREEMEXTS, the selector of a Perpetual Lease Selection which has been Living areas converted to a Grazing Homestead under the last pre- : ~i~ =d as ceding section may acquire, either by applying for land Grazing open for selection or by the transfer to him of an existing Selections ' se I ec t' IOn, an a d m "t' IOna 1 G razm ' g S e I ec t ' Ion or} S e I eC f d ' ons to be worked in conjunction with the first-mentioned Grazing Homestead: Provided that such additional selection or selections shall not be applied for or transferred unless the Minister has, after due inquiry, certified by writing under his hand that the area of the combined selections constitutes not more than a reasonable living area as hereinafter defined. Any selection acquired contrary to the provisions of this section shall be liable to be forfeited by the Governor in Council without any notice or process whatsoever. - 0/ Personal residenc3 conditions in certain cases, (2.) Notwithstanding anything contained in the Principal Act, in the event of more than one selection acquired under the provisions of this section being subject to the condition of personal residence, such condition shall be deemed to be performed in respect of each of the selections by the personal residence of the selector on one only of the selections. Definition: 8. In this Act, the term "living area," when used f.i ving area, in respect of grazing lands, shall mean such an area as may be determined by the Minister, having regard to the district in which the land comprised in the holding concerned is situated, and for the purpose of determining what area shall so constitute such living area the Minister may consider what area of sheep or cattle-grazing land would be of sufficient area as would permit a lessee to- (a) Carry sufficient sheep or cattle from which a reasonable income may be obtained and a reasonable reserve be available to assist such selector over drought or dry periods without the necessity of seeking assistance from the Government; (b) Maintain both quality and quantity of wool or beef, as the case may be, so that production and revenue direct and indirect from Crown lands may not diminish;

LA~ D, CROWN. 11959 PAnT HI.- 1927. Lancl Acts . A~ menclment Act. PERSONAL RESIDENCE, . .- - - - - - - ~ - - - - ~ - - - - CONVERSION ( C ) l\ l ir akTe necessary workT"Ing Improvemen t ,s on th ~ e OF L TE IV NU IN RE G S ' holdinD '= ' ' without over-c! w l ~ uitalisinO b ' it ' so that PAARRETANSE, RRSEHNITPS, such holding may be Yforked as a sound AGREE3lENTS. economic proposition. The Minister may also take into consideration all Of any of the following factors and circumstances, namely:--- (d) Nature of country, carrying capacity, distance from railway and markets; (e) Nature and cost of necessary water improve- ments and facilities, and of other improve- ments required or considered necessary to develop the potentialities of such land; (f) The income that a prudent tenant. may reasonably be expected to make from such holding; (g) Such other factors and circumstances as he may think just and proper. 9. (1.) Notwithstanding anything contained in the Minister Principal Act, if it be represented to the Minister that may . ~~ t~mit any se 1 ect or I.S tl le h 0 Ider 0 faisetec' IOn COmprI.S.Ing an a o c f ~ fu Ub rt l he lO r n area which is not a reason8~ ble living area as herein areas. defined, it shall be lawful for the Minister, in his absolute discretion, on application by such selector in such form as may be prescribed, to permit of such selector acquir- ing, either by applying for land open for selection or by the transfer to him of an existing selection, an additional selection or selections for the purpose of constituting a reasonable living area for the selector concerned: Provided that such additional selection or selections shall not be applied for or transferred unless the Minister has, after due inquiry, certified by writing under his hand that the area of the combined selections constitutes not more than a reasonable living area as herein defined. Any selection acquired contrary to the pro- visions of this section shall be liable to be forfeited bv the Governor in Council without any notice or proceS's whatsoever. (2.) Not\vithstanding anything contained in the Conditions Principal Act, the conditions of personal residence as of f'1rsonal prescribed in the Principal Act shall be deemed to he rest ence. performed if such selector fulfils such conditions of residence in respect of one only of such selections.

11960 LA:\,D, CROWX PART HI.- PERSONAL RESIDENCE, Land Acts Amcndnteut Act. 18 GEO. V. No. 17, CONVERSION OF TENl:RES, LIVING 10. Notwithstanding anything contained in the PAARRETANSE, RRSEHNITPS, p n ' nC . lpaI Ac,t ' In t'he event 0 f there be' Ing vacant C, rown AG~E~ MENTS. land contiguous or adjacent to a selection or Pastoral a P p rl p O li r c ;t a y ti o o f n or P referent'laI P ast oraI H 0 Id' mg, wh' lC hsIe etc ' IOn or in special holding is, in the opinion of the Minister, less than a cases. reasonable living area, the Minister may, with the approval of the Governor in Council, by notification in the Gazette, declare such vacant land open for selection or lease under any of the modes or tenures prescribed in the Principal Act, in such areas as he deems fit, and may direct that the application of the lessee of such contiguous 0]' adjacent land shall have priority in respect of one of such areas specified by the Minister : Provided that, before granting priority as aforesaid, the Minister shall first satisfy himself that the area of the original holding held by such lessee, together with the additional area in respect of which priority is to be granted, does not constitute more than a reasonable living area: Provided further that if the condition of personal residence applies either to the original holding or to such additional priority area, such condition shall be deemed to be performed by the personal residence of the lessee for the prescribed period on either one or the other, of such holding or area. Except as is herein otherwise provided, all the provisions of the Principal Act relating to land opened for selection or for Pastoral or Preferential Pastoral Lease respectively shall apply and be observed. Nothing in this section shall confer upon any lessee a right to claim priority of application in respect of an area of vacant Crown land adjoining or in the neighbour- hood of his holding. Convers!on 11. The selector of any Grazing Selection situated C: r~ : f! : m remote from. railway. co~ munication who claims. t~ at Selectio~ to the area of hIs selectIOn IS less than a reasonable hvmg PPraesfteorreanltIal area ma u y at any time apply to the Minister , in the Holdings. prescribed form or to the like effect, to be allowed to surrender his selection and obtain in substitution therefor a lease of the land as a Preferential Pastoral Holding. Such application may be dealt with by the Minister in accordance with the provisions of subsection two of section six of this Act:

LAND, CROWN. 11GEll. 1927. Land Acts Amendment Act. PART III.- RPEESRIDSOENNACEL, CONVERSION P rov1' ded that tlle cond 1 't' IOn 0 f personalr'eSd1 ence OF LTEIVNUINREGS' shall not apply to any Preferential Pa~ t?ral Holding so t~ : ! ~ ! : ~ s, granted. In all other respects the condItIOns of the new AGREEMENTS. lease shall.be such as are determined by the Minister and as are provided by this Act and the Principal Act with respect to Preferential Pastoral Holdings: Provided fUl'ther that the provisions of subsection one of section nine of this Act shall, mutatis mutandis, apply to the lessee of any Preferential Pastoral Holding acquired as aforesaid, to permit of such lessee applying for or acquiring an additional Grazing Selection, Preferential ;pastoral Holding, or Pastoral Holding, for the purpose of constituting a reasonable living area for the lessee concerned. 12. The selector of any Grazing Selection applied Revi~ w of for since the first day of July, one thousand nine hundred ~: ::; ~ and twenty-four, may make application to the Minister Selection in the prescribed form at any time within six months rents. after the commencement of this Act for a review of the rent fixed on such holding by the Minilter. Thereupon the Minister, after reference by the Minister to the Board and after considering all' factors as enumerated in section one hundred and twenty-five of the Principal Act, shall redetermine the rent to be charged in respect of the first period of seven years of the lease. Such redetermined rent shall be retrospective to the date of the commencement of the lease, and any over- payment resulting from such redetermination shall be credited towards the future rent payable by such selector in respect of such holding. If the Minister is satis:6ed that the existing rent of any such holding is a fair rent, he may redetermine the rent for the first perioi of seven years of the lease at such rate accordingly. It is hereby declared that the decision of the Minister in respect of any such application shall be a decision in his absolute discretion and shall not be subject to any appeal or review by the Land Court or by the Supreme Court or by any other tribunal whatsoever. 13. After subsection five of section 130A of the Amendment Principal Act a new subsection is inserted :_ of s. 130A. "(6.) Where any partnership agreement has been Partnership made between any persons i . ll respect 0 f the' ll' shares or adgisrceree'ltlieonntso: f interests in any holding or holdings whereby such persons Minister.

11962 LAKD, CROWK PART Ill.- PERSONAL RESIDENCE, CONVERSION Land Acts Amendment Act. 18 GEO. V. No. 17, O, F LTEIVNUINREGS' h ave agree d t . h . at for the economl . Ca I an d b ene fi C ' Ia 1 : ~ : ~ ~ ~ ~ ~ ~ s, working of their holdings such holdings shall be worked AGREEMENTS. in conjunction with one another, no agreement shall be terminated by the Minister merely by reason of the fact that such agreement was not made solely on the basis of the carrying capacity of the holdings concerned. Moreover, if any partnership agreement which has been made by the parties concerned has been forwarded to the Department of Public Lands for approval and registration, the Minister may cause any investigation as he may deem necessary to be made into the matter. If the Minister is satisfied- (i.) That such agreement is in the interests of all the parties to it ; (ii.) That the allocation of the profits among each selector or lessee is proportioned to his con- tribution to the partnership business, whether of leasehold land, capital, or labour; (iii.) That generally such agreement is not contrary to the public interest, he may, in his absolute discretion, approve of such agreement either in whole or in part 01' for such period or subject to such terms, conditions, provisions, and stipulations as he thinks fit, and may direct that such agreement shall be registered by the Department, in terms of his approval, and on such direction being given the agreement shall be registered accordingly: Provided that no such agreement shall be registered unless each of the parties thereto is registered as the selector or lessee of a holding concerned in such agreement: Provided further that if any such holdings are worked and conducted under or pursuant to any agree- ment not duly registered, such holdings shall be liable to the provisions of forfeiture as set forth in the preceding provisions of this section." PART IV.- DEVELOP:lIENT OF DIFFICULT COUNTRY. PART IV.-DEVELOPMENT OF DIFFICULT COUNTRY. Dev~lopment 14. (1.) The lessee of any Pastoral Holding or ~! !r: ;Ult the selector of a Grazing Selection, the development of . which Pastoral Holding or Grazing Selection for the depasturing of sheep or cattle, or for substantially improving the carrying capacity for sheep or cattle, will cost an abnormally high sum in comparison with

1927. LA~ D, CROWX Land Acts Amendment Act. PART IV.- DEVELOPMENT OF DIFFICULT COUNTRY. - the cost of deveIoping other lands used for grazing, may at any time apply to the Minister in the prescribed , ~ p~ lication form for special concessions in respect of such pastoral ~ ~~' lcessions. holding or grazing selection so as to enable him to undertake the expenditure needed for such development. (2.) Every such application shall set out- ParticularB. (a) The description and area of the holding; (b) The nature of the existing improvements and their approximate cost or present value; (c) The nature and estimated cost of the proposed improvements or development works; (d) The present carrying capacity of the holding; (e) The extent to which the proposed improve- ments or development works will increase the carrying capacity and production from the holding; (f) Any other particulars as may be prescribed. (3.) Upon receipt of such application the Minister lnqui. r~ shall investigate the matter, in such manner as he may by MlJ1I';ter. deem fit Ol' as m3JY he prescribed, having particular regard to- (a) The demand or lack of demand that exists for grazing country of the kind comprised ili the application, and the prospects of such country being developed in la.rge 0' small areas without the granting of special concessions; (b) The monetary value of the concessions sought by the applieant; (c) The extent to which the interests of the Sbte will be promoted by the improvements or development ",vorks in question; and shaH determine, subject to the approval of the Governor in Council, whether- (i.) The application shall be refm;ed; or (ii.) The application shall be granted in whole or in part:

11964 LAXD, CROWN. PART IV.- DEVELOPMENT .OF DIFFICI;LT' Land Acts Amendment Act. COFNTRY. - - - - - - - - - - - - - - - 18 GEO. V. No. 17, Provided that no application for concessions shall be granted unless the Minister, after careful inquiry, is satisfied that- (iii.) The expenditure proposed to be incurred by the selector or lessee is abnormally high for the carrying capacity of the land comprised in the application; (iv.) The circumstances surrounding the country are such that it is not likely to be adequately developed under the ordinary terms and conditions prescribed for land tenures III the Principal Act; and (v.) Generally, that public interests will be promoted by granting the application in whole or in part. Minister may ( 4.) The Minister, in any investigation under the refer matter to Board aforesaid provisions, may in his discretion refer the or Comt. matter to the Board (while such Board is in office) or to the Land Court if such Board is not in office, for investi- gation and report, and the Board or Court shall in such investigation have regard to the matters and things set forth in such provisions. recision (5.) Notwithstanding an:ything contained in the owfitMhinister Principal Act and without altering the tenure of the ~ pproval of holding in question, the Minister, with the approval of iGnoCvoerunnocril. the Governor in Council, may, in consideration of the selector or lessee undertaking to complete within a specified time certain specified improvements or develop- ment works as aforesaid, decide that the selector or lessee shall be granted any or all of the following concessions :- (a) An extension of the lease of the holding for a term not exceeding twenty years; (b) A determination of the rent that shall be charged for the holding for the remainder of the term of the lease as extended, or for such shorter period as may be deemed fit; and any necessary readjustment of the assess- ment periods and conditions of the lease; (c) Provision that any resumption rights under section one hundred and forty-six of the Principal Act shall not be exercised by the Crown during the currency of the term of the original lease, or of the extended lease, or during any specified shorter period.

LA~ D, CROW.:\. 11965 -.- ~~ .. - ~ - - - ~ - - ~ ~ - - - - - - - - - --- 1927. Land Acts A.mendment PART IV.- Act. DEVELOPMENT _ _ _ _ _ _- _ OF DIFFICULT COl:NTRY. (6.) The Minister shall- give to the selector or lessee Notice to in the prescribed form 11 written notice of the decision of lesseo. the Governor in Council in respect to each holding so dealt ,vith. (7.) (a) At any time within three months after theNoti~ e of date of such decision by the Governor in Council with ~ ; ; ( ' i: ~ Z; ~ El. respect of any holding, or such further time as the Minister in his discretion may allow, the selector or lessee of such holding may give notice in writing under his hand, or under the hand of his agent, to the Minister, electing to take advantage of such decision. (b) Every such notice of election shall be in the For.m of prescribed form or to the like effect, and when received notlCe. by the Minister shall be irrevocable, and shall bind both the selector or lessee and his successors in interest. (c) Should the selector or lessee not elect to take Le8R~e not advantage of the decision of the Governor in Council, e]cctll:g. such decision shall have no effect with respect to the holding and the existin~ lease thereof shall remain in force. (8.) (a) Upon receipt by the Minister of such notice Receipt of ()f election, the decision of the Governor in Council with ~ l~ ~ ~ ~ ~ . ' ~ ~ respect to such holding shall take effect as from the quarter-day next following the date of the decision with respect to the holding, and the selector or lessee shall thereupon be entitled to have the lease of the holding endorsed in accordance with the terms and conditions of such decision. ( b) Notwithstanding anything contained in the Payment of Principal Act, the rent of every such holding shall be rent. paid at the rate fixed under the Principal Act until the quarter-day last mentioned, and thereafter rent shall be paid in accordance with the decision of the Governor in Council. (c) Notwithstanding anything contained in the Conditions Principal Act, it shall be a condition of the lease of such of louse. holding that the improvements or development works ,enumerated in the decision of the Governor in Council shall be undertaken and completed by the selector or lessee within the period prescribed in such decision, and that on any failure by the selector or lessee so to do the holding shall be liable to be forfeited. (9.) Nothing in this Act shall confer upon any l() rig:lt to selector or lessee a right to claim any special concession claim . in respect of any Pastoral Holding or Grazing Selection, conceSSion.. as the case may be, under the provisions of this section.

11966 LAXD, CROWX PART IV.- llEVELOP'JEKT OF DIFFICCLT COl:NTRY. ~ ..- ... Land Aets Amendment Act. 18 GEO. V. Xo.17,. Extension of 15. The provisions of the above section may be ~ ~ ~ ~ ~ ~ : ~ ons extended, with or without such modifications as may be for stud prescribed, to permit of any selector of a Grazing Selection ~ ~ ~ ~ ~ Pc~ ~ tlo or the lessee of a Pastoral Holding who desires to use his holdings. selection or holding for stud sheep or stud cattle purposes, and who may have incurred or needs to incur heavy or abnormal expenditure in connection therewith, applying to the Minister for the extension of the aforesaid provisions to him in respect to the whole or part of his selection or holding; and the Minjster may, subject to the approval of the Governor in Council, approve of such application accordingly, or may refuse such application, or may approve of the same subject to such terms, conditions, provisions, or stipulatiolls as he may deem fit : Provided that, without prejudice to the foregoing provisions, the Minister, in making inquiry into any such application, may also give regard and consideration to the following matters :- (i.) The total capital invested by the selector or lessee in the selection or holding and the additional improvement,R and expenditure that ,vere or are necessary for stud purposes; (ii.) The. number of stud sheep or stud cattle that hcwe been or will be available from such selection or holding for sale to graziers, and the price at which such stud sheep or stud cattle will be sold; (iii.) 'rhe quality or grade of the stud sheep or stud cattle; and (iv.) The capital invested in and the profits deriv- able from such stud as compared with the capital usually invested and the profits derivable from ordinary vyool-grmving and sheep-grazing or cattle-grazing on similar country of like area. Pastoral 16. (1.) The Minister, with the approval of the mDeevnetloLpe.ase. Governor in Council, may by notification declare any Crown land that is exceptionally costly and difficult to develop open for Pastoral Development Leaose, and may withdraw any land from being open for Pastoral Development Lease. L!)lncl may be opened for ,gume. (2.) Such land may in any case be declared so open,. subject to any of the conditions applicable under Division 1. of Part Ill. of the Principal Act, to PastoraJ Leases, .and notwithstanding anything contained in the-

LA;\lD, CROW?\. 11967 1927. Laud Acts ,Amendment Act. - - - - - PARTlV.- DEVELOPMENT OF DIFFICl!LT: C01:"TRY. Principal Act may be subject to such other special conditions as to ringbarking, improvements, or develop- mental works, rent, assessment periods, and Crown resumption rights as the Governor in Council thinks fit to impose in order to secure the development of the land. In every case the notification shall declare the necessary Notification•. particulars to be inserted in the conditions of lease for effecting the prescribed purposes: Provided that the term of a Pastoral Development Lease shall not exceed forty years. notif(i3c.a)tiEonxcoeppetniansg vthareieldandb,y altlhitshe Apcrtovaisnidonsbyof ttlh l e e A PSra e iv t n . icnigpaolf Principal Act relating to Pastoral Leases shall be PART V.- applicable to Pastoral Development Leases. MrSOEL- LAJ'l"EOlTS / ~ , - : : \ IE; qDlVIEKTS: 'fO THE PART V.-MISCELLANEOUS AMENDMENTS TO THE PRINCIPAL ACT AND REGULATIONS. PRlNCI?AL ACT AND HEGrLA' rIO~ S 17. The following proviso is added to subsection Amex: ~ment. six of section thirty-two of the Principal Act :_ of s. 3_. "Provided that where the Court has jurisdiction under this Act or any other Act (and whether the Crown is a party or not) to award costs to or in favour of or amongst any party or parties to any proceeding or matter before such Court, the Court may, in its discretion, order that such costs shall be ascertained and fixed by the proper costs taxing officer of the Supreme Court at Brisbane, according to the scale of costs prescribed by law for the time being in respect of proceedings in the Supreme Court, and in every such case it shall be within the discretion of the taxing officer to decide what is the proper scale to be adopted by him in the taxation of such costs." 18. The following new subsection is added to Amendment sect I·On th' II' ty-five 0 f t he Pr' mC.lpa1 Act : - of s. 35. " [9A.] The Land Appeal Court may in its appellate or original jurisdiction make such order as it thinks fit as to the costs of any proceeding heard and deter- mined by it, including allowances to witnesses attending for the purpose of giving evidence at the hearing, and the cost of any survey of boundaries. Any such order may be made an order of the Supreme Court and enforced accordingly: . Provided that where the Court has jurisdiction under this Act or any other Act (and whether the Crown 1

11968 LAXD, CRO'YX. PART V.- MISOEL- LANEOUS A} IE~ DMElS" TS Land Acts Amendment Act. 18 GEO. Y. :\0.17, P T R O lX T CIP H AL E. IS a par t y or no t) to awar d costs to or I . n f avour 0 f or RE~ 'C; :· , ~~ ~ s. amongst any party or parties to any proceeding or matter before such Court, the Court may, in its discre- tion, order that such costs shall be ascertained and fixed by the proper costs taxing officer of the Supreme Court at Brisbane, according to the scale of costs prescribed by law for the time being in respect of pro- ceedings in the Supreme Court, and in every such case it shall be within the discretion of the taxing officer to decide what is the proper scale to be adopted by him in the taxation of such costs." Ar!1Cn{lrnont 19. In the first paragraph of section 40;::' of the 'Of s. 40c. Principal Act, after the words "as joint tenants" the words "Provided that the interest of each of such persons in such holding shall always be equal" are repealed; also after the word "subject" the following words are inserted :-" Provided that, if the holding is subject to the· condition of personal residence, such condition may and shall be performed by anyone of the lessees who holds not less than one-half interest in the holding." In the second paragraph of the said section, the words "of the total area of the Pastoral Holding" are repealed and the words "of an area proportioned to his actual interest in the holding" are inserted. Amendment 20. (1.) In section fifty-two of the Principal Act, the of s. 52. words "twenty thousand " are repealed and the words " thirtv thousand" are inserted in lieu thereof; also the words ~ " three hundred pounds" are repealed and the words" four hundred pounds" are inserted in lieu thereof. Amendment (2.) Paragraph (a) of section 53A of the Principal of S. 53A. Act is amended hy deleting the words "Is a lessee of a holding exceeding forty thousand acres" and inserting the words" Hag an interest exceeding forty thousand acres in a holding" in lieu thereof. In the said section, the words "three hundred pounds" are repealed and the words "four hundred pounds" are inserted in lieu thereof. Repeal of s. 4 (2) of" The Land Acts Amendment Act of 1!l23." (3.) Subsection two of section four of *"The Lr;md Acts Amendment Act of 1925" is repealed. ------------- -------- * 16 Gea. V. No. 27, supra, page 11318.

LAND, CROWX 11~ ) 69 PART V.- H)27. Land Acts .Amendment Act. MISCEL- LANEOCS _ A~ IEND} IE" TS TO THE 21 • (1.) The following proviso is added to p . ara- P A R C IN T CAIPNADL graph (ii.) of subsection one of section fifty-four of the HEGrLATlONS_ Principal Act :- Amendment of A. 54. "Provided that in any case where a maximum area or a maximum number of portions has been specified in a notification, nothing in this Act or in such notification shall be construed as preventing a person who in the case of simultaneous applications has failed to secure priority by lot for the portion or portions applied for by him from lodging, subsequent to the time at which priority in respect of the portion or portions applied for by him are determined, an application for another unselected portion or other unselected portions specified in the same notification, but the maximum area or maximum number of portions specified in the notification shall apply to such subsequent application." (2.) After paragraph (iv A.) of subsection two of the said section the fo1lowing provision is inserted:- " (iv B.) In the case of a Grazing Selection suitable Sto~ ~ i! lg for sheep, the following condition (hereinafter con ltron. referred to as a ".stocking condition") may also be imposed:- (a) The land shall be stocked to its reasonable carrying capacity with the applicant's own sheep, within a period to be stated, such period not to exceed three years, and shall thereafter be used for legitimate wool- growing purposes; the period in which a commencement is to be made in stocking may also be stated. (b) Each applicant shall be required to furnish, as part of his application, a declaration undertaking to fulfil the stocking condition above mentioned and setting out- (i.) His pastoral or land experience ; (ii.) The means by which he intends to finance the selection. If he intends to borrow capital, he shall state the amount

11970 PART V.- MISCEL- U;;[EOC;S AME;;[rl:lIE;;[TS TO THE PRIXCIPAL ACT AND REGrLATfONS. LA~ D, CROWX Land Acts Amendment Act. 18 GEO. V. No. 17, and the name of the bank, company, or person from which it is to be borrowed. The intending lender· shall acknowledge· the correctness of such statement." Amendment 22. The following amendments are made in section of s. 60. sixty of the Principal Act :- (i.) In the said section, the words" Provided that the interest of each of such persons in such selection shall be always equal" are repealed. (ii.) In the first paragraph of the said section, the words " including the condition of personal residence or the condition of occupation, if the selection is subject to either of those conditions," are repealed and the words "except the condition of personal residence or the condition of occupation, either of which conditions may and shall be performed by either one of the selectors who holds not less than one-half interest in the selection," are inserted in lieu thereof. (iii.) In the said section, all words from and including "For the purpose of" to and inclutling "of the total area of the selection" are repealed, and the following words are inserted in lieu thereof:- " For the purpose of disqualifying the joint holders from applying for or holding another selection, each joint holder shall be deemed to be the holder of an area proportioned to his actual interest in the selection." Amendment 23. After subsection five of section sixty-six of the of s. 66. Principal Act the following subsection is inserted : - Public Curator as agent. " (6.) Notwithstanding anything in this section contained, in any case where a person desiring to select any land has appointed in writing under his hand the Public Curator, appointed under * "The Public Curator Acts, 1915 to 1924," to be his agent, it shall not be necessary for the Public Curator personally to lodge the application, but the Public Curator may, by virtue of the power vested in him to appoint agents for the exercise of his functions, appoint any State officer (not being an officer of the Department of Public Lands) to act for him as the agent of the applicant." . *() Geo. V. No. 14 a~da.mending Acts, 8upra, pages 7056 et seq.

LAND, CROWK. 11971 PARTV.- 1927. Land Acts A.mendment Act. MrSCF:L· LANEOl:S - - - - - - - - - - - - - - - - - - - - - - - - - A~ IENDMENTs 24. The following provision is added to section pT: r: ~ ! AL sixty-eight of the Principal Act :- RE~ ? ZA~ ~ NS. "Provided further that, in any case where the Amendment ,applicant has appointed the Public Curator to be his of s. 68. agent, it shall not be necessary for the Public Curator Public personally to appear at the Commissioner's Court when Curato\ the application is dealt with, but the Public Curator may, as agen . by virtue of the power vested in him to appoint agents for the exercise of his functions, appoint any State officer (not being an officer of the Department of Public' Lands) to appear for the applicant at such Court; and the power of the Commissioner to dispense with the attendance of the applicant or his agent last hereinbefore -conferred upon the Commissioner shall in like manner be .applicable in the case of the agent appointed by the Public Curator as aforesaid." 25. After subsection five of section sixty-nine of Amendment the Principal Act the following subsection is inserted:- of s. 69. " (6.) In the case of an application for a Grazing Sto'Jki;ig Selection subject to a stocking condition, if the Commis- condition. sioner is not satisfied that such application lS made in good faith, owing to the declaration as to the applicant's means for carrying out such stocking condition being in the Commissioner's opinion entirely inadequate and generally unsatisfactory, the Commissioner may refuse such application, and on such refusal such application .shall be excluded from the ballot of simultaneous applicants to determine priority held in accordance with the provisions of the next succeeding section. The decision of a Commissioner, refusing an applica- tion under this subsection, shall be final and conclusive .so far as regards the particular land and the particular ballot in respect of which such decision is given: Provided that, in order to establish his eligibility for lodging applications in respect of land that may be opened for selection at a subsequent date, the applicant may, within fourteen days after the pronouncing of the Commissioner's decision or within such further time, not exceeding two months, as the Board may allow, apply to the Board for a certificate that he is a suitable applicant and should not be excluded from future ballots for Grazing Selections. Thereupon the Board Rhall inquire into the matter and shall determine whether such a certificate should be issued. If the Board issues such .a certificate the applicant shall, subject. to this Act. be

IHJ72 LA~ D, CROWX PART V.- 2'.'l:ISCEL- LANEOl.iS A;' IEKn~ rENTS ------ Land Acts Amendment Act. 18 GEO. V. ~ o.17, pTR~; ~ ~ AL qualified to participate in future ballots for Grazing RE~ lcr~ - \ ~ ~ ~ s. Selections subject to a stocking condition so long as . the terms of the declaration accompanying each of his applications remain substantially the same as those which accompanied his application in respect of which the certificate of the Board was given: Provided further that if such Board is not in office at the time of such application the applicant may appeal to the Court and this subsection shall accordingly be read as if the word " Court" were used therein instead of the word " Board." " Amendment 26. The following proviso is inserted after the first of s. 72. proviso of section seventy-two:- Priority rights. " Provided further that in cases where a lease which has expired has been held by more than two individual persons as lessees, such individual persons, notwith- standing anything contained in this Act, shall not on that account alone be excluded from exercising such right of priority, but such right may be exercised by such late lessees if in the opinion of the Minister such late lessees have duly complied with the conditions, terms~ provisions, and stipulations of the Principal Act and any Act amending the same and of such expired lease~ and have during their period of the lease fulfilled the conditions thereof to the satisfaction of the Minister: Provided further that nothing in the last preceding proviso shall be construed to permit of the exercise of such right of priority by each of such late lessees separately, but the exercise of such right of priority by such late lessees shall be permitted to be exercised by such late lessees jointly with respect to one selection." Amendment 27. In the first paragraph of subsection one of of s. 14t;. section one hundred and forty-six, after the words " Pastoral Holding" the words "not being a Preferential Pastoral Holding" are inserted. In the third paragraph of the said subsection, after the words "Pastoral Holdings" the words "not being Preferential Pastoral Holdings" are inserted. Amendment of 8. 154. 28. In subsection one of section one hundred and fifty-four, the words" from a holding" are repealed and the words" from a Pastoral Lease (including a Preferential Pastoral Holding and a Pastoral Development Lease) or Grazing Selection" are inserted in lieu thereof.

LA\,D, CROWN. 11973. PART V.- 1927. Land Acts Amendment Act. MrSOEL- LANEOUS --------------- .. ----------------... - - - - - - - . - - - - - - - - - - - - . - - - - - - - - - - - - AMENDMENTS· In the said subsection the words" of a holding" are P~:~ ~AL repeaIed and t,he words " 0 f such h 0 I dIn' g" are I.nsert ed I.n REGAUCLTAATNioDNS_ lieu thereof. In the proviso to the said subsection one, the words " from any holding" are repealed and the words "from any such holding" are inserted in lieu thereof. After subsection one of the said section the following new subsection is inserted :- . "(lA.) vVhen compensation is payable for any resumption of or from a holding other than a Pastoral Lease (including a Preferential Pastoral Lease and Pastoral Development Lease) or Grazing Selection, such compensation shall be assessed according to the value of the interest of the claimant lessee or licensee in such holding. For the purposes of this subsection, the provisions of *"The Public Works Land Resumption Acts~ 1906 to 1926," shall, mutat1:s mutandis, apply accordingly." 29. In section one hundred and sixty-six, the Amendment· words "without the previous permission of the Minister of s. 166. thereto" are repealed and the words "not produced for the consideration of the Minister within three months from the date of the execution thereof" are inserted. The following proviso is also added to the said section :- " Provided that no agreement to transfer a holding _shall be entered into unless the holding sought to be transferred is capable of being transferred under the provisions of this Act." 30. The following amendments are made In section Amendment. one hundred and seventy-one of the Principal Act:- of s. 171. (a) In the first paragraph, before the words t"The Fencing Act of 1861 " the words "Subject as hereinafter provided " ar~ inserted. (b) The following paragraph is also added after the first paragraph:- " For the purposes of this section, any reference in t"The Fencing Act of 1861" and t"The Fencing Act of * 6 Edw. VII. No. 14 and amending Acts, supra, pages 8211 et scq. t 25 Vic. No. 12 and 61 Vie. No. 9, supra, pages 753 and 757.

11974 LA~ D, CROvYX PARTV.- MISCEL· LANEOUS Land Acts Amendment Act. 18 GEO. V. ::\0.17, A}!END:YIE1:TS - - - - - - -- - --- --- --- --- --~ pT~ ~ ~ ~ AL 1861 Exten8ion Act of 1897" to any court of petty RE: ~ ~A~ ~~' S. sessions or court or two or more justices or magistrates shall be deemed to be a reference to the Land Court, and any refere~ce to the clerk of petty sessions shall be deemed to be a reference to the registrar of the Land Court, and the provisions of such last-mentioned Acts shall be read and construed accordingly." (c) In the fourth paragraph of the said section, the words "at any time to the Magistrates Court (constituted by a police magistrate sitting alone) nearest the place where the fence exists" are repealed and the words "to the Land Court in the manneJ; prescribed" are inserted in lieu thereof. (d) After the words "so conferred," at the end of the said fourth paragraph of the said section the following proviso is inserted :- "Provided that such lessee or licensee may claim that any such fence is or will be of material beIiefit to any owner, lessee, licensee (not being an occupation licensee), or holder of adjoining land, whether the fence concerned is at the time of such claim on the present boundaries of the land of such lessee or licensee making such claim and of the owner, licensee, or holder against whom the claim is made or is not on such present boundaries of such lands. And such lessee or licensee may accordingly apply to such Court to decide whether any such benefit has been so conferred." (e) Wherever the term "Court" is referred to in this section, the term shall mean and be construed as the " Land Court." (f) The last two paragraphs of the said section- that is to say, all words from and including the words " The decision of a Court" to and including " amount or value"-are repealed and the following provisions are inserted in lieu thereof :- " Provided that the decision of the Court under any a of the provisions of this section shall be subject to right of appeal to the Land Appeal Court and the provisions of the Principal Act and any rules of Court made or which may be made shall apply accordingly. Subject to the above right of appeal to the Land Appeal Court the powers, authorities, and jurisdiction

I-lAND, CROWN. 11975 1927. Land Acts Amendment Act. ______ PART V.- MrSCEL- LANEOCS AMEND~fENTS conferred upon the Land Court pursuant to the ; ~ I~ ~ ~ AL prOVISIOns of this section shall' be exercised by one HEGAUC, TATATNODKS. member only. Any decision of the Land Court or of the Land Appeal Court under this section shall be transmitted by the Registrar of the Land Court or of the Land Appeal Court to the Registrar or Deputy Registrar of the Supreme Court nearest the place where the matter was heard, to be filed in such Supreme Court. Thereupon -such decision shall have the effect of a judgment of the Supreme Court, and may be enforced accordingly." 31. Paragraph (ii.) of subsection nine of section 171A~me~~ ; nent 'Of the Principal Act is amended by inserting after the 0 s. A. words" of the agreement" the words" or by the group of persons as a body corporate as hereinafter provided." The following new subsection is added to the said section 171A:- "(11.) Notwithstanding anything to the contrary -contained, the group of persons who are parties to or are ()therwise bound by any agreement registered with the Department of Public Lands under the provisions of this section shall be deemed to be a body corporate, and may sue and be sued as a body corporate may sue and be sued." 32. The Governor in Council may from time to Regulations. time make regulations providing for all or any purposes, whether general or to meet particular cases, that may be convenient for the administration of this Act or that may be necessary or expedient to carry out the objects and purposes of this Act; and where there may be in this Act no provision or no sufficient provision in respect of any matter or thing necessary or expedient to give effect to this Act, providing for and supplying such omission or insufficiency. The regulations may prescribe forms of application, notices, forms of leases and otherwise, and any fees necessary for the due administration of this Act. Such regulations may also prescribe the conditions under which advertisements of any agent in respect of the opening up of lands under the Principal Act or this Act may be permitted, prohibited, or otherwise. Such regulations may be made on the passing of this Act.

1]976 LA:\,D, CIWWX. PART V.- MISCEL- LAXEOVS A~ IENDMENTS - - - - Land Acts Amendment Act. 18 GEO. V. ~o.17, TO THE PRINCIPAL All such regulations shall be published in the Gazette, EEG A C C L T A A T N IO D NS. and thereupon shall be of the same .effect as if they were contained in this Act, and shall be judicially noticed, and shall not be questioned in any proceedings whatsoever. Copies of such regulations shall be laid before Parliament within fourteen days after such publication, if Parliament is in session, and if not, then within fourteen days after the commencement of the next session. Saving of 33. Subject to this Act, nothing in this Act shall £ ~ ; ~ r~ ~ ! rt. prejudice or affect or in any wise limit the jurisdiction, powers, duties, authorities, and responsibilities of the Land Court held or possessed by such Court at the commencement of this Act, and such jurisdiction, powers, duties, authorities; and responsibilities of such Court shall be and continue in force, and shall be held and PART v 1.- possessed by such Court accordingly. A)IEN JHI ENT8 TO ACTS OTHER THAN THE PRINCIPAL ACT. PART VI.-AMENDMENTS TO ACTS OTHER THAN THE PRINCIPAL ACT. Re·enact- 34. Notwithstanding anything in any statute, law, ammcnetn.dWmItehnts,ru 1 e 0 f 1 aw, or 0 t herW' 1se t 0 the contrary, the prOVI.sI.Ons 0 f of "The *" The Land Acts (Review of Cattle Holding Rents) L (R a e n v d iew Ac o ts f A 1nen d men t ~ ' ~ ic" t oJ .f 19"23 , "the t1·tle wh ereof 1. S- H Cat o ltdl m ~ g ROdS) A mendment 1 A ! c J t 23 o : f " "An Act to Make Provision for the Review of the Rents due to the Crown by the Lessees of Certain Holdings mainly used for the D epastu ' rmg 0 f Cattle ' m respect 0 f a p ' erIOd commencing on the 1st July, 1921, and ending on the 30th June, 1926; and for the Reconsideration of the Rents of certain Lands held under Occupation License; and for other consequential purposes" are, subject as hereinafter provided, deemed to be of full force and effect, and to have the force of law as fully and effectually as if such Act had not lapsed by effluxion of time, and this section shall, subject as hereinafter provided, be construed as a re-enactment of such Act accordingly: " (a) Provided that the provisions and operations of such Act shall be and are hereby extended for a further period of five years from and including the first day of July, one thousand nine hundred and twenty-six. * 14 Geo. V. No. 33, su,pra, page 10598.

LAXD, CROWN. 11977 1927. Land Acts Amendment Act. ~ - ~- - -- - - ~ ~ ~ - ~ ~ - ~ - - - - PART VI.- A)rE:<rDMENTS TO ACTS OTHER THAN The Schedule to this Act sets forth the amendments THE ~ ~ I: CIPAL which are deemed to be made in *" The Land Acts (Rem:ew of Cattle Holding Rents) Amendment Act of 1923" by virtue of the provisions of this Act. Such Act as amended shall be read as one with this Act, and may be cited as "The Land Acts (Review of Cattle Holding Rents) Amendment Acts, 1923 to 1927" : (b) Provided further, subject to paragraph (e) here- under, and it is hereby declared, that any determination by the Land Court of the rent of the holding pursuant to the provisions of *" The Land Acts (Review of Cattle Holding Rents) Amendment Act of 1923" shall not be deemed to have expired on the thirtieth day of June, as one thousand nine hundred and twenty-six, but shall be deemed to be fixed for such period ending on the thirtieth day of June, one thousand nine hundred and thirty-one, or the expiry of the lease, as the case may be, and no further notice of election is required to be made by such lessee of the holding concerned: (c) Provided further that within one month from the commencement of this Act any lessee may give notice in writing under his hand or under the hand of his agent to the Minister requesting that the provisions of this Act shall not be applied to his holding, and there- upon such holding shall be excluded from the provisions of this Act accordi1l!.gly, and the rent thereof shall be reassessed in terms of the lease of such holding under the provisions of the Principal Act and without regard to the provisions of this section. Any such notice when received by the Minister shall be irrevocable, and shall bind both the lessee and his successors in interest. (d) Provided that the amount by which the rent actually paid by the lessee in respeet of the cattle holding since the thirtieth day of June, one thousand nine hundred and twenty-six, is in excess of the amount which would have been payable if such rent had been at the rate determined bv the Court under *" The Land Acts (Review of Cattle Holding Rents) Amendment Act of 1923," shall be credited to the lessee and applied towards pay- ment of the rent of the holding or of other cattle holdings held by the same lessee which may subsequently become due. * 14 Geo. V. Xo. 33, supra, page 10598.

11978 LAND, CROWN. PART VI.- AMENDMENT~ TO ACTS Land Acts A'l'ItencZment Act. 18 GEO. V. ~ o.17, OTHER THAN THE ~ ~ I; ClPAL (e) Provided that any lessee of any cattle holding to which such Act as amended applies, who has been assessed since the first day of July, one thousand nine hundred and twenty-six, in respect of his rent by the Land Court for periods of seven years or ten years, as the case may be, may forward to the Minister, in the form prescribed, a notice of election whether he will remain assessed as by the Land Court or whether he will apply to take advantage of this Act and obtain a new determination of his rent under the provisions of this Act in respect of a period of five years from the first day of July, one thousand nine hundred and twenty-six: (f) Provided further that any lessee of any cattle holding to which such Act as amended applies, who previously did not forward to the Minister notice or election to take advantage of *" The Land Acts (Review of Cattle Holding Rents) Amendment Act of .1923," may forward a notice to the Minister of election to take advantage of this Aot and obtain a new assessment of his holding under the provisions of this Act in respect of a period of five years from the first day of July, one thousand nine hundred and twenty-six. (g) Any such notice of election under this section shall be given to the Minister at any time within three months after the commencement of this Act or such extended tiroe as the Minister in his discretion may allow: Such notice shall be given to the Minister by the lessee,. in writing under his hand or under the hand of his agent. Nothing in this section shall be deemed to give any further right to any lessee for the review of the rents of any cattle holdings for any period prior to the first day of July, one thousand nine hundred and twenty- :six, but all such reviews of rentals shall only be ill respect of the period of five years from the first day of July, one thousand nine hundred and twenty-six. Subject as herein provided, the provisions of *"The Land Acts (Review of Oattle Holding Rents) Amendment Act of 1923" shall apply.and be construed accordingly. .Extension to (h) Subject to this Act, this section shall be con- ~ ~ ~~ ~ : : . ion strued to extend to and apply to the rents of lands held· under occupation licenses, and the term "holding" in this section shall, mutatis mutandis, be read and construed to include an occupation license accordingly. * 14 Geo. Y. No. 33, supra, page 10598.

LAND, CROWN. 11979 1927. Land Acts A_mendment Act. SCHEDULE. PART VI.- AMENDMENTS TO ACTS OTHER THAN THE PRI:-lCIPAL ACT. The prOVISIOns of *"The LandAct8 (Review of Cattle Holding Rents) Amendrnent Act of 1923" shall, by virtue of the provisions of . this Act, be deemed to be amended as follows :- (i.) In the title to the said Act, the wor.ds "30th June, 1926" Title. are repealed and the words" 30th June, 1931 "are inserted in lieu thereof. (ii.) In section one, the words" Act of 1923" are repealed and Section 1. the words "Act8, 1923 to 1927" are inserted in lieu thereof; also, after the words "several amendments" the words "(including " The Land Acts Arnendrnent Act of 1927 ") " are inserted. (iii.) Subsection one of section three is repealed. In subsection Section 3. two of the said section, the words "Act of 1923" are repealed . and the words "Act8, 1923 to 1927 " are inserted in lieu thereof. (iv.) In subsection one of section five, the words" one thousand Section 5. nine hundred and twenty-one" are repealed and the words "one thousand nine hundred and twenty-six" are inserted in lieu thereof; also, the words" one thousand nine hundred and twenty·six" are repealed and the words "one thousand nine hundred and thirty.one" are inserted in lieu thereof. In subsection four of the said section, the words "one thousand nine hundred and twenty.one" are repealed and the words "one thousand nine hundred and twenty-six" are inserted in lieu thereof. Subsection five of the said section is repealed. (v.) In subsection one of section six, the words "one thousand ~ ' ection 6_ nine hundred and twenty-one" are repealed and the words "one thousand nine hundred and twenty-six" are inserted in lieu thereof; also, the words "one thousand nine hundred and twenty-six" are repealed and the words" one thousand nine hundred and thirty.one" are inserted in lieu thereof. (vi.) In subsect,ion one of section eight, the words" the passing Section 8:. of this Act" are repealed and the words "the commencement of this Act or such extended time as the Minister in his discretion may allow" are inserted in lieu thereof. In the said section, the words "one thousand nine hundred and twenty-one" are repealed and the words" one thousand nine hundred and twenty-six" are inserted in lieu thereof; also the words "one thousand nine hundred and twenty-six," where they twice occur, are repealed and the words "one thousan::lnine hundred and thirty-one" are inserted in lieu thereof. In subsection two, in the form of notice, the words "one thousand nine hundred and twenty-one," where they first occur, are repealtd and the words "one thousand nine hundred and. twenty-six" are inserte::l in lieu thereof; also the words "one thousand nine hundred and twenty-six," where they twice occur, are repealed and the words" one thousand nine hundred and thirty-one" are inserted in lieu thereof; also the words' " Act of 1923" are repealed and the words" Act8, 1923 to 1927" are inserted in lieu thereof. ----.---------------------------- * 14 Geo. V. No. 33, supra, page 10598.

11980 LA:\,D, CROWK PART VI.- AMENDMENTS TO ACTS Land Acts Amendment Act. 18 Gm. V. ~o. 17, OTHER THAN THE ERINCIPAL ACT. In subsection four, the words" one thousand nine hundred and twenty-one, and ending on the thirtieth day of June, one thousand ninc hundred and twenty-six" are repealed. and the words "one thousand nine hundred and twenty-six, and ending on the thirtieth day of June, one thousand nine hundred and thirty-one" are. inserted in lieu thereof. " Amendment of *"The Prickly-pear Land Acts, 1923 to 1926." 35. *"The Prickly-pear Land Acts, 1923 to 1926," are amended as follows:- (a) Subsection .six of section eleven is amended by the insertion, after the word "prickly-pear," of the words "and other noxious plants." (b) Subsection seven of the said section eleven is amended by the insertion, after the word "prickly-pear," of the words "and other noxious plants." Appeal. Amendment of t"The WaterAct of 1926." 36. Subsection three of section twenty-eight of -r"The WaterAct of 1926" is repealed, and the following subsection three is inserted in lieu thereof:- " (3.) If any person thinks himself aggrieved in the amount of the valuation with respect to the land whereof he is owner, occupier, or mortgagee, or any other land, he may appeal therefrom to the Land Court constituted under t" The Land Act of 1910" and its several amendments. For the purposes of this subsection the Land Court shall consist of one member only, and such Court shall hear and determine the matter and may confirm or increase or reduce the amount of such valuation: Provided that an appeal shall lie from the Land Court as herein constituted to the Land Appeal Cour~ constituted under t" The Land Act of 1910" and its several amendments: Provided that in the event of any person appealing against the valuation of another person's land he shall give notice of the appeal to the occupier thereof as well as to the Board. " 14 Geo. V. No. 34 and 17 Geo. V. Xo. 6, supra, pages 10605 and 1159\1. t 17 Geo. V. No. 12, supra, page 11733. t 1 Oeo. V. No. Hi and amending Ac·ts, supra, pages 8775 et seq.

LAXD, CRO\YX 11981 1927. Land Actsi1mendment Act. PART VI.- AMEXlnIE~ TS TO Acm OTHER THAN ';:lng PRTNCTPAL For the purposes of this section all the powers, .\Cf. authorities, and jurisdiction of the Land Court and the Land Appeal Court and any Rules of Court thereunder :shall apply and extend accordingly. Any decision of the Land Court or of the Land Appeal Court under this provision shall be transmitted by the Registrar of the Land Court or of the Land Appeal Court to the Registrar or Deputy Registrar of the Supreme Court nearest the place where the matter was heard, to be filed in such Supreme Court. Thereupon such decision shall have the effect of a judgment of the Supreme Court and may be enforced accordingly. The fact that an appeal is pending shall not in the meantime interfere with or affect the power of the Board to proceed with the making and levying of the rates pursuant to any valuation made by the Board under the provisions of this Act: Provided that if any assessment is altered pursuant to such appeal a due adjustment shall be made, for which purpose amounts paid in excess shall be refunded and amounts short paid shall be recovernble in any court of competent jurisdiction." PART -VII.- ApPLIC\ T[ ( ) ~ OF PROVTSroXS PART VII.-AI'PLICATION OF PROVISIONS OF 'l'HIS ACT TO PRICKLY-PBAR LA~ D. OF TIH~ ACT TO PRlCKLY-PLlR LAXLl. 37. The provisions of this Act shall be applicable Application to and shall extend to pricklv-pear land as defined in o~ provisions '*" The Prickly-pear Land Acts, ~ 1923 to 1926," and when- ~ ~!~ {/~ oar ever in this Act any powers, authorities, jurisdiction, or land. duties are conferred or imposed upon the Land Court or the Land Appeal Court, all and several of such powers, a,uthorities, jurisdiction, and duties shall, with respect to prickly-pear land, be conferred and imposed upon and shall be exercised and discharged by the Prickly-pear Land Commission constituted under *" The Prickly-pear Land Acts, 1923 to 1926," acting in its judicial capacity, and in respect of such prickly-pear lands this Act shall be construed accordingly; moreover the Land Court and the Land Appeal Court shall have no jurisdiction under this Act in respect of such prickly-pear land: ._-_.--_._-- ._-------------------- * 14 Geo. V. XC). 34 and 17 Geo. V. No. G, supra, pages 10605 and 11579.

11982 LAND, CROW~ . PART VII.- - - - - - - - - ApPLICATION OF Agricultural TOWIISll1:p Po'rtions Act. 18 GEO. V. "Xo.l2'r PROVISIOXS OF THIS ACT TO Provided that in the exercise, by the Prickly-pear PRICLKALXYD-P.EAR Land Commission, of such powers, authorities, jurisdic- tion, and duties, there shall be no appeal from the decision of such Commission to the Land Court or Supreme Court or other tribunal whatsoever. Whenever in this Act the Minister is empowered or required to exercise or discharge any power, authority, or duty, the same shall, with respect to such prickly-pear land, be exercised and discharged by him after the consideration by him of the recommendation of the Prickly-pear Land Commission. 18 Geo. V. An Aot to Make Provision for the Issue of Deeds' No. 12. THE AGItI- of Grant in respect of Certain Portions of CULTURAL TOWNSH[P Land in Agricultural Townships set apart PORTIONS ACT OF 1927. under the Provisions of Section 22 of "The Crown Lands Act Amendment Act of 1886" , to Provide for the Payment of Compensation in, respect of Certain Portions and to Deolare, that Certain Portions shall be Crown Land; and for' other oonsequential purposes. [ASSENTED TO 17TH DECEMBER, 1927.] 'W HEREAS by virtue of the provisions of section twenty-two of *"The Crown Lands .Jet Amendment Act of 1886" (which said Act was repealed with certain saving of rights and liabilities by t"The LandAct, 1897") it was enacted that in any Agricultural Area (defined by t"The CrownLandsActof1884 "- also repealed with certain saving of rights and liabilities by t"The LandAct, 1897"-as meaning Crown lands proclaimed as such under the provisions. of that Act) in which the maximum area of any surveyed farm did not exceed one hundred and sixty acre3 the Governor in Council might by Proclamation set apart any Crown lands not exceeding two square * 50 Vic. No. 33, repealed (P. & W., page 1174). Index Volume. t 61 Vic. No. 25, repealed (P. & W., page 6228). Index Volume. t 48 Vie. No. 28, repeeIed (P. &. W., page 1137). Index Volume. See Historical Table, See Historical Table, Set; HistGrical Table,.