Land Acts Amendment Act of 1930 (21 Geo v No. 43) (Qld)

LABOUR-=-LAND) CROWN. 13013 21 GEO. V. No. 43,1930. Land Act8 Amendment Act. 12. The following new section 65A is inserted after section sixty-five of the Principal Act :- " [65A.] Notwithstanding anything to the contrary J~ niors and contained in this Act, the following provision shall apply mmors. in respect of any junior or minor (being in each case a person under twenty-one years of age) not being subject to the jurisdiction of *" The Apprentice8 and Minor8 Act of 1929," namely :- The Court or Board shall in any award prescribe the rates of wages to be paid to juniors or minors, which rates shall be on a progressive scale based on the rates of wages payable to adult workers in the same calling, and the Court or Board shall in the making of any such award take into consideration the age and/or experience of such juniors or minors." LAND, CROWN. Land Act8 Amendment Act of 1930 21 Geo. V. No. 43 Prickly-pear Land Act8 Amendment Act of 1930 21 Geo. V. No. 28 An Act to Amend" The Land Acts, 1910 to 1929," 21 NGo. eo 4 . 3V. . and other Acts in certain particulars. THE LAND ACTS [ASSENTED TO 24TH DECEMBER, 1930.] AMENDMENT ACT OF 1930. B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queenslandin Parliament assembled, and by the authority of the same, as follows:- 1. This Act may be cited as "The LandAct8 Short title Amendment Act of 1930," and shall, so far as any :~ ~ struction amendments of or references to t" The Land Act8, 1910 of Act. to 1929," are concerned, be read as one with t" The Land Act8, 1910 to 1929," hereinafter collectively referred to as the Principal Act. The Principal Act and this Act may collectively be cited as " The Land Act8, 1910 to 1930." * 20 Geo. V. No. 37, supra, page 12533. t 1 Geo. V. No. 15 and amending Acts, supra, pages 8775 et seq. (See Alphabetical Table.) N

13014 LAND, CR0WN. Land Acts Amendment Act. 21 GEO. V. No. 43, Amendments of Principal Act. Appeal from 2. In subsection six of section thirty-five of the Land Court. Principal Act, the words "not later than one month after the pronouncing of the decision" are repealed, and the words "not later than six weeks after the pronouncing of the decision" are inserted in lieu thereof. 3. Section forty-eight of the Principal Act is repealed, and the following section is inserted in lieu thereof: without prejudice to any' judgment of the Land Court or to any right of appeal by any party in relation to any such judgment, the said section shall be read and construed as if the section hereby enacted were inserted in the Principal Act at the date of the passing of *"The Land Act of 1910," namely:- Opening "[48.J (1.) The Minister, with the approval of the lsaenledctfioorn and Governor I.n Counc il ,may by notificat·lOn dec I are count ry withdrawing land open for selection either as surveyed land or as the same. designed land. Any such land may be declared open for group selection as hereinafter provided. (2.) The Minister may in his discretion withdraw any land from being open for selection." 4. In subsection two of section seventy-five of the Principal Act, the following proviso is added to para- graph (a) of the subsection : - Mortgage of "Provided that nothing in this paragraph shall oliccceunpsey. to app 1 y to a 1 l · Cense to occupy a se 1 ec " tlOn acqUIre d b y virtue of section seventy-two of this Act; but such license to occupy shall, for the purposes of section one hundred and fifty-six hereof, be deemed to be a lease of the selection. " Minister may agree as to value of Crown improve- ments. 5. After subsection two of section one hundred and twenty-three of the Principal Act, the following new subsection is inserted :- "(3.) Notwithstanding anything herein contained, when the improvements upon the land are the property of the Crown, the Minister and the successful applicant may agree as to the value of such improvements. The amount so agreed upon shall for the purposes of this * I Geo. V. No. 15, supra, page 134i.

1930. LAND, CROWN. Land Acts Amendment Act. 13015 section be deemed the valu'e of such improvements, and shall be paid by the successful applicant within twenty-one days of demand." 6. After section one hundred and twenty-three of Minister the Principal Act, the following new section is inserted : - ~ a~ ~ ' : tb~ " [123A.] (1. ) Notwithstanding the provisions of the ~ : ~ : ! ~ ts preceding section~ when the improvements upon the land improve· are the property of the Crown, the Minister m?y enterments. into an agreement with the successful applicant for the payment of the value of such improvements by instalments upon such terms as may be agreed upon; whereupon the value of the improvements owned by the Crown shall be paid by the successful applicant in terms of such agreement. (2.) Notwithstanding anything in this Act contained, when an application for a selection has been approved by the Court, and the applicant has entered into an agreement with the Minister for the payment of the value of the improvements owned by the Crown, and has paid the value of any other improvements, if any, on the land, the applicant shall be entitled to receive from. the Commissioner a license to occupy the land. (3.) If the terms of the agreement are not observed by the applicant, and the instalments mentioned in the agreement are not paid on the date when they become due, the selection shall at the option of the Crown be forfeited. The provisions of this section shall have full force and effect in respect of any agreement already executed between the Minister and a successful applicant, and to that extent shall be retrospective." 7. The following proviso is added to section one hundred and twenty-four of the Principal Act :-. "Provided that if at the time of forfeiture or Improve. surrender the holding is subject to a memorandum of : ~ : : Sof mortgage registered at the Department of Public Lands forfeiture or and any debt secured by such memorandum of mortgage surrender. remains unpaid, the Minister may, in liquidation of such debt in whole or in part, pay to the mortgagee the whole or a portion of the value of the improvements received; whereupon the amount to which the late lessee or selector is entitled shall be reduced accordingly."

13016 LAND, CROWN. Land Acts Arnendment Act. 21 GEO. V. No. 43, Registered mortgagee to be notified of intended forfeiture. 8. The following proviso is added to section one hundred and thirty-four of the Principal Act : - "Provided that when any holding liable to forfeiture under this Act is subject to a memorandum of mortgage registered at the Department of Public Lands, the holder of such registered mortgage shall be notified of the intended forfeiture before the publication of the notification in the Gazette." 9. Section one hundred and fifty-two of the Principal Act is repealed, and the following section is inserted in lieu thereof:- When Land "[152.] Notwithstanding anything in this Act con- CAopupretatlo tained, when a claim for compensation payable for the determine resumption under this Division of the whole or part of a ctioomn.pensa. holding inclusive of improvements exceeds five thousand pounds, such claim shall be heard and compensation shall be determined by the Land Appeal Court constituted by a Supreme Court Judge and any two members of the Land Court." Mortgages of 10. In section one hundred and fifty-six of the cheorltdaiinngs. Principal Act, after the words "or a Perpetual Country Lease," the words "or a Special Lease" are inserted. 11. After section one hundred and fifty-eight of the Principal Act, the following new section is inserted :- Mortgage of " [158A.] For the purposes of this Division, any laasnd granted h 0 l. l l i ~ lng acquI.red as an a ddI't' IOna I area I . n t erms 0 f sectI'On additional nine or section ten of *" The Land Acts Amendment Act of area. 1927," or of section seventeen of t"TheLand Acts Amend- ment Act of 1929," shall be deemed to be a part of the original holding in respect of which it was granted as an additional area, and no memorandum of mortgage in respect of it shall have any effect except as collateral security against the original holding." 12. Clause (C) of section one hundred and sixty- nine of the Principal Act is repealed, and the following clause is inserted in lieu thereof :- Transmis- sion of land in certain cases without probate or administra- tion. "(c) The value of his estate does not exceed five hundred pounds ;" * 18 Geo. V. No. 17, supra, page 11949. t 20 Geo. V. No. 15, supra, page 12642.

LAND, CROWN. 13017 1930. La,nd Acts Amendment Act. 13. After section one hundred and seventy of the Principal Act, the following new section is inserted ;- "[170A.] Subject to the provisions of the next Application 'f. succeeding section, *" The Fencing Act of 1861" and r~ ncjng t" The Fencing Act of 1861 Extension Act of 1897" shall c s. apply to all holdings. For the purposes of the said Acts, the lessee or licensee of the holding shall be deemed the owner, and the granting of the lease or license shall be deemed an alienation of the land." 14. Section one hundred and seventy-one of the Principal Act is repealed, and the following section is inserted in lieu thereof ;- " [171.] Notwithstanding anything contained in Rabbit-proof *" The Fencing Act of 1861 " and t" The Fencing Act of and . 1 1861 Extension Act of 1897," and whether or not the : r~ ~ ~ uf~ ~ ; es. provisions of the said Acts with respect to notice have been complied with, the following provisions shall apply to every dividing fence between country lands which is rabbit-proof or marsupial-proof, or both rabbit-proof and marsupial-proof, and the provisions of the Fencing Acts shall be read and construed accordingly !- (1.) For the purposes of this section the term Country "country lands" shall include all lands, other than town lands- and suburban lands, which are held as holdings under~~ : ing of this Act or as freehold lands. (2.) Any reference in *" The Fencing Act of 1861" Jurisdiction and' t" The Fencing Act of 1861 Extension Act of 1897 " ~ fo~ : t~ d to any court of petty sessions or court or two or more justices or magistrates shall for the purposes of this section be deemed to be a reference to the Land Court, and any reference to the clerk of petty sessions shall be deemed to be a reference to the Registrar of the Land Court. (3.) (a) Where the owner or occupier of any land Application has fenced the boundary of such land, either wholly or in to Court. part, with a fence which is rabbit-proof or marsupial- proof, or both rabbit-proof and marsupial-proof, or has by transfer or devolution acquired such fence, and such owner or occupier (hereinafter called the plaintiff) claims that such fence is of material benefit to any owner or occupier (hereinafter called the defendant) of * 25Vic. No. 12, supra, page 753. t 61 Vie. No. 9, supra, page 757.

13018 LAND, CROWN. Land Acts Amendment Act. 21 GEO. V. No. 43, adjoining land along the said boundary, the plaintiff may, by summons served upon the defendant, apply to the Court in the manner prescribed to decide whether any such benefit has been so conferred. ~ Vhere roads (b) A dividing fence which at the time of the claim elII? - ttherevreJs?I-dee oonf is not on the then existinO b ' boundaries of the lands of the fence. parties or of either of them (whether or not roads or other lands intervene on either side or both sides of such fence) shall be deemed to be on the boundary between such lands for the purposes of this section if such fence is the effective rabbit-proof or marsupial-proof, or rabbit- proof and marsupial-proof fence between the lands of the parties, or is. otherwise of material benefit to the defendant. . Court to declare value of fence and proportion of benefit. (c) On the hearing of a claim under this section, the Court shall declare the value of the fence and the proportion of benefit (if any) which the defendant derives from the fence and the amount he shall pay the plaintiff, and shall give judgment for such sum (not exceeding one-half of such declared value) as is equivalent to such benefit. -!\pplication ( 4.) (a) In any case where the proportion of benefit ~c; := r:~ t of as declared is less than one-half of the declared value, benefit. and the plaintiff or any successor in title claims that an increase has subsequently occurred in the material benefit conferred upon the defendant or his successor in title, such plaintiff or his successor in title may bring before the Court in the manner provided a claim with respect to such increase.. Court to 1 (b) Upon any claim being made with respect to an ~ :ci:~ ~ : ~ ~ d increase in material benefit, the Court shall declare the proportion value of the fence arid the proportion of benefit (if any) of benefit. which the defendant derives from the fence at the time the claim is made, and shall give judgment for such sum (which sum shall not, together with any previous judgment or judgments, exceed one-half of such declared value) as is equivalent to the increase of benefit. Court may (5.) Where the lands of the parties are separated by impose rental for a road, the Court, in lieu of giving judgment for a sum fence across equivalent to the benefit or increase of benefit as road. aforesaid, may give judgment for a sum to be paid as and by way of an annual rental in respect of such benefit or increased benefit, which rental shall be payable only so long as the fence is used as a dividing fence.

LAND, CROWN. 13019 1930. Land Acts Amendment Act. (6.) At any time after obtaining a judgment in his Repairs- favour under subsection three or subsection four hereof, ~ re; ; ~ r~ ~ ; nOf the plaintiff or his successor in title may recover a of cost. proportion not exceeding one-half of the cost of the subsequent repairs to the fence which was the subject of such judgment, provided that- (i.) The plaintiff shall not recover anything on account of repairs effected more than one year before he commenced proceedings for the recovery of such repairs; and (ii.) The proportion of the cost of repairing such fence which the plaintiff may recover hereunder shall not be greater than the proportion of benefit which, according to the declarations of the Court under subsections three and four of this section, was conferred on the defendant by such fence. , (7.) A copy of every summons under this section Se,rv:ice on shall be served by the plaintiff on the Minister at least MInister. 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. (8.) If the land of the plaintiff in any proceeding Procedure under this section is subject to any mortgage or charge ~ ~ ~ ~ tiff' s in favour of the Crown or the Minister in respect of lall( ~ any advance made to him or to any predece~ sor in title : ~ ; : ; ! g~ ( ) in for the purposes of any fence or any materIals thereof favour of erected on his holding, the Court shall, upon application Crown. by or on behalf of the Crown, as 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 P<?w:er of Minister in his discretion ma v J , in lieu of requiring Macicneipstter to payment to be made to him by the defendant of any mortgage sum ordered to be paid to the Minister under the last ~ ~ ~ : : ~ ~ ~ t preceding provision hereof, accept from the defendant be paid. as and by way of security for the payment of such sum

13020 LAND, CROWN. Land Acts Amendment Act. 21 GEO. V. No. 43, 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 accord- ingly; 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 plaintiff, as hereinbefore mentioned, shall, mutatis mutandis, be applicable to the mortgage or charge executed by the defendant as aforesaid. ~ ayment by (9.) The Court may at its discretion order that the mstalments . amount 0 f any ' JU d gment s h a 11 b e pal 'd or sa t' IS fie d I . II such instalments as it may determine, but on the sale or transfer of the defendant's lands affected by the judgment all unpaid instalments shall immediately become due and payable and recoverable. Appeal to (10.) The decision of the Court under any of the ~ ~ ~ ~. Appeal provisions of this section shall be subject to a right of appeal to the Land Appeal Court, but, subject to such right of appeal, the powers, authorities, and jurisdiction conferred upon the Land Court pursuant to the provisions of this section shall be exercised by one member only. Decision to (11.) Every decision of the Land Court and of the bScupfrileemd ein Land Appeal Court under this section shall be transmitted Court. by the Registrar thereof to the Registrar or Deputy Rtlgistrar of the Supreme Court nearest the place where the matter was heard or decision was delivered 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. (12.) The jurisdiction of the Court shall apply to every rabbit-proof or marsupial-proof, or rabbit-proof and marsupial-proof fence, whether such fence was erected before or after the enactment of this section." Communal ring fence against vermin. 15. The following new subsections are added to section 171A of the Principal Act : - "(12.) Where an agreement for the construction of a ring fence (being a marsupial-proof fence or a rabbit- proof fence or bot.h a marsupial-proof and rabbit-proof

1930. LAND, CROWN. Land Acts Amendment Act. 13021 fence) has been entered into before the enactment of this section, such agreement may be registered in the Department of Public Lands, and shall thereupon be and remain effective and binding upon the parties thereto during the currency thereof as from t,he date of such registration. The provisions of this section, so far as they are applicable, shall apply to all agreements registered in accordance with this subsection. (13.) An agreement registered under this section Agreement shall not be affected by the transfer or assignment of any ~ ; \ ~ ~ : : : : holding which is subject to such agreement, but the or . agreement shall continue in full force and effect as if ~ ;s~ ~f: t: : : the transferee of the holding were one of the original parties to the agreement." 16. After section 175A of the Principal Act the following new section is inserted : - "[175B.] When the lessee of a Special Lease, upon Special which extensive improvements have been erected, proves ~ e~ ses .. to the satisfaction of the Court that special reasons exist of ~ e: : : ! ~ f for the sale to him of the land comprised in such Special L~ ases Lease, and that public interests will not be prejudiced : ~ : : ; ~ ~ ~ tion by such sale, the Governor in Council may sell such land in certain to the lessee, without competition, at a price to be cases. determined by the Court, or may issue a Perpetual Town Lease, or a Perpetual Suburban Lease, or a Perpetual Country Lease of the land to the lessee, without competition, at an annual rent for the first period to be determined by the Court in accordance with the provisions of section 176A of this Act. The provisions of sections one hundred and sixteen, one hundred and seventeen, one hundred and twenty, and one hundred and twenty-one of this Act, except as hereby modified, shall, mutatis mutandis, apply to land dealt with under this section." 17. The following amendments are made in sub- section two of section one hundred and eighty-five of the Principal Act, that is to say:- In clause (b) of paragraph (i), the words "not exceeding twenty-one years" are repealed. Paragraphs (ii.), (iii.), (iv.), and (v.) are renumbered (iii.), (iv.), (v.), and (vi.) respectively.

13022 LAND, CROWN. Land Acts Amendment Act. 21 GEO. V. No. 43, After paragraph (i.), the following new paragraph is inserted:- ' Term of lease granted by trustees. " (ii.) Such lease shall not be for a longer term than twenty-one years unless- (a) The lease contains a covenant for the erec.tion of substantial improvements upon the land; and (b) The Court certifies that the cost of such improvements warrants a term of lease longer than twenty-one years being granted: . Provided that no lease shall be granted under this subsection for a longer term than forty years." 18. Section two hundred and five of the Principal Act is amended as follows :- The third paragraph of subsection one is repealed, and subsections two and three are renumbered three and four respectively. After subsection one, the following new subsection is inserted :-.. Straying or "(2.) Every drover, unless prevented by rain or sltooitcekr. ing flood, and every traveller, unless prevented by rain, flood, or other unavoidable cause, shall cause all stock in his possession, custody, or control to be moved at least six miles towards their destination within every successive period of twenty-four hours from six o'clock in the morning of one day to six o'clock in the morning of the following day. Proof that stock have not been moved in terms of this subsection any distance not exceeding fifty miles from any point on their route towards their destination at the average rate of six miles per day shall be sufficient to establish an offence against this subsection." The second paragraph of the subsection renumbered three is repealed, and the following paragraph is inserted in lieu thereof :- " A complaint under this subsection shall be laid within ten days from the time when the offence was committed, and may be made by a Commissioner, land ranger, or officer authorised in that behalf by the Minister, or by the owner, lessee, licensee, or occupier of any land abutting on a stock route or road, or by any person aggrieved."

1930. LAND, CROWN. Land Acts Amendment Act. 13023 Amendments of Acts other than the Principal Act. 19. Subsection two of section eleven of *" The Land Acts Amendment Act of 1929" is repealed and the followi:r;tg subsection is inserted in lieu thereof : - "(2.) Such notice of election shall be given at any Application time prior to the first da~ ,of January, one thousand nine~ ~ : version hundred and thirty-two. of tenure. 20. Paragraph (a) of subsection five of section eleven of *" The Land Acts Amendment Act of 1929" is repealed, and the following paragraph is inserted in lieu thereof :- " (a ) Notwithstanding the provisions of paragraph Applicll;tion (a) of subsection four of this section, if the selector, at the ~ ~ rv~ T: ~ ~ w same time as he lodges his notice of election (provided such notice of election is lodged on or before the thirtieth dav of June, one thousand nine hundred and thirty-one) produces evidence that the existing capital value of his selection is greater than the present unim- proved value of the land, he may at that time make application to the Minister on the prescribed form for a review of such value." 21. Subsection two of section twelve of *" The Land Acts Amendment Act of 1929" is repealed, and the following subsection is inserted in lieu thereof :- "(2.) Such notice shall be given at any time prior Application to the first day of January, one thousand nine hundred~ ~: eholding and thirty-two." title. 22. Paragraph (a) of subsection seven of section twelve of *" The Land Acts Amendment Act of 1929" is repealed, and the following paragraph is inserted in lieu thereof :- " (a) Notwithstanding the provisions of paragraph ;~ pplic? ' tion (a) of subsection six of this section, if the lessee at the~ ~ r: = ~ : ~ same time as he lodges his notice (provided such notice is lodged on or before the thirtieth day of June, one thousand nine hundred and thirty-one) produces evidence that the existing capital value is greater than the present unimproved value of the land, he may at that time make application to the Minister on the prescribed form for a review of such value." * 20 Oeo. V. No. 15, 8upra, page 12642.

13024 LAND, CROWN. Land Acts Amendment Act. 21 GEO. V. No. 43, 23. Mter paragraph (e) of subsection seven of section twelve of *" The Land Acts Amendment Act of 1929," the following new paragraph is inserted :- Paym.ent of "(j) Notwithstanding the provisions of paragraph ~ : ~ i~ : . t: rhen (c) of subsection six of this section, a lessee applying for a valut;l review of value in terms of this subsection, provided the applIed for. rent under the subsisting lease continues to be paid, shall not be required to lodge with his notice the deposit mentioned in the said paragraph (c), but in lieu thereof shall, within twenty-one days after notice of the Court's determination of value has been given to him, pay an amount which, together with the rent paid in respect of the new term· of ten years, will equal one-tenth of the purchase price of the land as determined by the Court. The balance of the purchase price as determined shall be paid in ten equal annual instalments, and all deferred instalments shall bear interest at the rate of five pounds per centum per annum from the commence- ment of the lease; the first of such annual instalments shall be payable twelve months after the commencement of the lease." , 24. After subsection nine of section seventeen of *" The Land Acts Amendment Act of 1929," the following new subsection is inserted:- be Additional " (10.) Any area allowed to be acquired as aforesaid : ~ : ~ ~ : ay or allotted as an additional area in accordance with the notwi~ h. decision of the Board may be applied for or held notwith- : : ~ ri' ~ ~ g standing any limit of area declared for Agricultural ma.ximum. Selections in the district: Provided always that the aggregate area held or applied for by anyone person shall. not exceed the maximum area allowed to be held or applied for under the Principal Act as Agricultural Selections in the State." 25. After paragraph (m) of subsection two of section four of t" The Upper Burnett and Oallide Land Settlement Acts, 1923 to 1929," the following new paragraph is inserted :- Maximpm " (n) Notwithstanding anything in section fifty- area for Agricultural one of the Principal Act contained, an Farms and Agricultural Farm or Perpetual Lease Selec- Perpetual Lease tion opened for selection under this Act may Selections. • 20 Geo. V. No. 15, 8upra, page 12642. t 14 Geo. V. No. 14, 81~ pra, page 10639 (amended by 20 Geo. V. No, 15. 8upra, page 12642).

LAND, CROWN. 13025 1930. Land Acts Amendment Act. contain such acreage, not exceeding two thousand five hundred and sixty acres, as the Minister may determine." 26. After section 363 of *" The Closer Settlement Acts, 1906 to 1929," the following new section is inserted :- " [36K.] (1.) Notwithstanding anything in any Act Relief to contained, in order to afford relief to the holders of ~ ~ ! ~ l~ : ~ ~ t Settlement Farm Leases on the Mount Abundance Farm Leases Repurchased Estate, in the Land Agent's District of ~ b! ~ ~~ e Roma, the Minister, after due inquiry by the Land ~ epurchased Administration Board, and upon the recommendation Estate. of such Board, may, by Order in Council- (i.) Extend the term of the lease of a Settlement Farm Lease; (ii.) Reduce the rent payable in respect of a Settlement Farm Lease during a time to be specified; (iii.) Alter the assessment periods of a Settlement Farm Lease; (iv.) Increase the area that may be held as Settlement Farm Leases; (v.) Permit the transfer of a Settlement Farm Lease, notwithstanding the provisions of section eighty-six of t" The Land Acts, 1910 to 1929" ; (vi.) Amalgamate two or more Settlement Farm Leases; (vii.) Review the capital value of any water facility provided by the Crown; (viii.) Alter or amend or cancel any of the conditions to which a Settlement Farm Lease is subject; (ix.) Impose conditions to be performed by the selector of a Settlement Farm Lease precedent to the operation of any of the concessions granted in terms of this section. The Order in Council shall set out the modifications in regard to all or any of the abovementioned matters, and whether such modifications apply to all Settlement * 6 Edw. vu. No. 32 and amending Ads, supra, pages 8901 et 8Cq. (See Alphabetical Table.) t 1 Qeo. V. No. 15 and amending Acts, supra pages 8775 et seq.

13026 LAND, CROWN. Land Acts Amendment Act. 21 GEO. V. No. 43, Farm Leases or to particular Settlement Farm Leases on the Mount Abundance Repurchased Estate; where- upon, without any alteration in the tenure of the Settlement Farm Lease, but subject to the performance of any conditions imposed, the area, terms, and conditions thereof shall be altered accordingly as from a date to be specified in such Order in Council." Review of 27. In paragraph (a) of section 5A of *" The Closer cppaurirrcicethasalasinndg S p e a t r t a le g m ra e p nt h A (v c . t ) o A f m s e e n ct d i m on en s t ev A e c n t ty- o o f ne1o9f17 t" " Th (i e ns L e a r n te d d Ac b t y s va.l.ues. Amendment Act of 1929 "), the words "within six months Tmiamkeinfgor after the commencement of this Act" are repealed, and application. the words "at any time prior to the first day of July, one thousand nine hundred and thirty-one" are inserted in lieu thereof. 28. Section 5B of *" The Closer Settlement Act Amendment Act of 1917" (inserted by paragraph (v.) of section seventy-one of t" The Land Acts Amendment Act of 1929") is repealed, and the following section is inserted in lieu thereof ;- Conversion "[5B.] (1.) Any selector of a Perpetual Lease tA·ogn. cuIturaI Selection, to which the provisions of , t . " The Clo • ser Sett . le- Farm ment Acts, 1906 to 1929," apply, may at any tIme prIOr tenure. to the first day of January, one thousand nine hundred and thirty-two, give notice to the Minister that he elects to surrender his·license or lease with a view to obtaining in substitution therefor a license or lease of the land as an Agricultural Farm. (2.) Upon the surrender of the subsisting license or lease, the selector shall be entitled to a new license or lease of the land as an Agricultural' Farm under the Closer Settlement Acts. (3.) The provisions of subsection four of section eleven of t" The Land Acts Amendment Act of 1929" shall, mutatis mutandis, so far as they are applicable, apply to land dealt with under this section." Amendment 29. In section ten of §" The Clermont Flood Relief oFflo C o l d er R mo e ~ t lI A e ct f s ' 1917 to 1929 , " the words "within six months after Acts. * 8 Geo. V. No. 10, supra, pago 8901. t 20 Geo. V. No. 15, supra, page 12642. t 6 Edw. VII. No. 32 and amending Acts, supra, pages 8901 et Beq. § 7. Goo. V. No. 30 and amending Acts, supra, pages 7677 et scq. (See Alphabetical Table.)

LAND, CROWN. - ~ - - - - - - - - - - - - - - - - - - - - - - - - 1930. Land Acts Amendment Act. 13027 the commencement of this Act " are repealed, and the words "at any time prior to the first day of January, one thousand nine hundred and thirty-two" are inserted in lieu thereof. 30. In paragraph (c) of subsection two of section Amendment three of *" The Sun .., ar Workers' Selections Acts , 1923 to oWf oSrukgearrs' 1929," the words "fifteen miles" are repealed, and the Selections words" thirty miles" are inserted in lieu thereof. Acts. 31. The following amendments are made in t"The Discharged Soldiers'·· Settlement Acts, 1917 to 1929" (which with the amendments herein made by this Act may be collectively cited as "The Discharged Soldiers' Settlement Acts, 1917 to 1930 "), that is to say:- After section lOA, the following new section is inserted :- " [lOB.] The prOVISIOns of section ninety-six of Atherton t "r "The Land Acts " 19lO to 1929" and section eleven of SSoeltdtlieerms' ent- §"The Land Acts Amendment Act of 1929" shall not Conversion apply to Perpetual Lease Selections on the land in the ~gricultural parish of Barron resumed for soldier settlement purposes, Farm tenure. and known as the Atherton Soldiers' Settlement, but in lieu thereof the following provisions shall apply to such selections :- (1.) Any selector of a Perpetual Lease Selection may Noti~ e of at any time prior to the first day of January, oneelectlOn. thousand nine hundred and thirty-two, give notice to the Minister that he elects to surrender his license or lease, with a view to obtaining in substitution therefor a license or lease of the land as an Agricultural Farm. (2. ) Upon the surrender of the subsisting license or Issue of new lease the selector shall be entitled to a new license or ficense or lease of the land as an Agricultural Farm under the ease. Closer Settlement Acts and this Act. (3.) (a) The purchasing price under the new tenureP~rchasing shall be the same amount as the capital value of the prIce. land under the surrendered license or lease. * 14 Geo. V. No. 20; 17 Geo. V. No. 15; and 20 Geo. V. No. 15, 8upra, pageB 10629, 11608, and 12689. t 7 Geo. V. No. 32 (also amended by various Land Acts); 10 Geo. V. No. 21 (also amended by various Land Acts); and 17 Geo. V. No. 31, 8upra, pages 9453 and 11616. t 1 Oeo. V. No. 15 and amending Acts, supra, pages 8775 et seq. § 20 Oeo. V. No. 15, supra, page 12642.

13028 LAND, CROWN. Land Acts Amendment Act. 21 GEO. V. No. 43, Provisions of Closer Settlement Acts to apply. (b) The terms and conditions of the new tenure shall be such as are provided by this Act and by *" The Closer Settlement Acts, 1906 to 1929," with respect to Agricultural Farms. Term of new lease. No credit for past payments. (c) The term of the new lease shall commence on the quarter-day following the registration of the surrender of the old license or lease. (d) Except in respect of the unexpired part of the year during which the surrender of the subsisting license or lease is made, no sums paid as rent under the surrendered tenure shall be credited to the new tenure. Condition of personal residence. (e) In the case of a surrendered license or lease which was subject to a condition of personal residence, it shall be a condition of the new license or lease that, until the expiration of the period during whioh the condition of personal residence was obligatory, such obligation shall continue in -force. Application for review (4.) (a) Notwithstanding the prOVISIOns of para- of value. graph (a) of subsection three of this section, if the selector, at the same time as he lodges his notice of election (provided such notice of election is lodged on or before the thirtieth day of June, one thousand nine hundred and thirty-one) produces evidence that the existing capital value of his selection is greater than the present value of the land in the state it was in at the time of selection, he may make application to the Minister on the prescribed form for a review of such value. Grounds of (b) Such evidence shall be in the form of a statutory application. declaration or an affidavit setting out fully the facts on which the selector relies to support his contention that the existing capital value of the land is too high. (c) No application for review shall be considered that is not accompanied by evidence as aforesaid. Reference to Court. (d) The Minister in his discretion may refer the application and accompanying declaration or affidavit to the Court, with a request that the value of the land referred to be determined. * 6 Edw. VII. No. 32 and amending Acts, snpra, pagcs 8901 et 8Cq. (See Alphabetical Table.)

LAND, CROWN. 13029 1930. Land Acts A.rnendment Act. (e) The Court shall thereupon determine the value I?etermina- of the land as at the date of the application for review, ~ ~~~ .f and in such value shall include any clearing of the land in order to render it fit for agriculture which may have been paid for by the Crown on the acquirement of the land. In such determination the Court shall have regard to the value of land of similar quality in the same neighbourhood and in the same state as the land under review was in at the time it was acquired by the Crown, and may determine the value at the same. amount as the present capital value of the land or at any amount higher or lower than such capital value. The value as so determined shall become the purchasing price of the land under the new tenure. (5.) In the case of a selection the tenure of which Annual rent has been converted in terms of this section, the annual ~!l~~~ ~:. ted rent to be paid shall, durjng the first four years, be calculated at the rate of two pounds thirteen shillings and nine pence for everyone hundred pounds of the purchasing price; during the fifth and every subsequent year of the term, the First Schedule to *" The Closer Settlement Act Amendment Act of 1913" shall apply, and section thirty-three of t" The Oloser Settlement Acts, 1906 to 1929," and subsection three of section two of *" The Closer Settlement Act Amendment Act of 1913" shall be read and construed accordingly." 32. The following amendments are made in t"The Rabbit Act of 1913," which with the amendments herein made by this Act may be cited as "The Rabbit Acts, 1913 to 1930," that is to say:- (1.) In paragraph (i.) of section forty-four, the Rab?it- words "at any time before the thirty-first day of : ! ~ ~ ! . December, one thousand nine hundred and seventeen" are repealed, and the words "on or before the thirty-first day of December, one thousand nine hundred and thirty-one, or within such further time as the Minister in his discretion may allow," are inserted in lieu thereof. * 4 Geo. V. No. 21, supra; page 8901. t 6 Edw. VII. No. 32 and amending Acts, supra, pages 8901 et scg. (See Alphabetical Table.) t 4 Geo. V. No. 7, supra, page 5954. o

LAND, CROWN. Land Acts Amendment Act. 21 GEO. V. No. 43, - - - - - ~ - - - - - - - - - - - - - - - - - - - - ~ ~ ~ (2.) The scale of annual payments in the said section forty-four is repealed, and the following scale of annual payments is inserted in lieu thereof :- Years during which i I I1 Years during which I~ ; : ~ ~ sO{ , ' e~ ; i~ ~ al •. 13~ ; f~ ~ soge~~ i~i~i~ I under "The Rabbit Annual PaY!ll.ent per :1 under" The Rabbit Annual PaY.m.ent per Boards Act, 1896" Centum of Oflgmal Cost. . Boards Act, 1896," Oentum of Ongmal Oost. ~~ ~ ~ ~ ~ ~ ~ Notice of Election. Notice of Election. - - - ~ - ~- - - - - - - - - - - - . - - - 1--- ------- £ 8. d. 1 759 2 742 3 727 4 7 0 11 5 6 19 3 6 6 17 5 7 6 15 7 8 6 13 8 9 6 11 8 10 6 9 6 11 6 7 4 12 6 5 1 13 6 2 9 14 6 0 3 15 5 17 9 16 5 15 1 17 5 12 4 18 5 9 6 19 5 6 6 20 5 3 5 I £ 8. d. 21 5 0 2 22 4 16 10 23 4 13 4 24 4 9 8 25 4 5 II 26 4 2 0 27 3 17 11 28 3 13 8 29 393 30 3 4 8 31 3 0 0 32 2 15 1 33 2 10 0 34 2 4 7 ·35 1 18 10 36 1 13 0 37 1 6 11 38 1 0 8 39 o 14 2 40 o 7 4 (3.) After the said section forty-four, the following new sections are inserted :- Validating "[44A.] It is hereby declared that every charge pchuarprgoersting purporting to have been registered under the provisions to be made of the preceding section as originally enacted, and all ~ f~ ef~ ~ 44 acts, matters, and things done or performed, or purport- Rabbit Act ajing to have been done or performed, whether wholly or 1913." in part under the said section since. the thirty-first day of December, one thousand nine hundred and seventeen, were and are and shall be valid and effectual for all purposes, and where necessary may be continued and completed. Revision of [44B.] The provisions of section forty-four of this c c h e a rt r a g i e n s Act shall apply to every charge executed under the under s. 44. provisions of that section as originally enacted which was in lieu of a charge executed under the repealed Acts on or before the thirty-first day of December, one thousand nine hundred and ten, and cancelled in terms of the said section forty-four.

LAND, CROWN. 13031 1930. Land Acts Amendmcnt Act. The amount by which the payments actually made under the existing charge is in excess of the amount which would have been payable if such payments had been made in accordance with the scale of annual pay- ments provided by section forty-four (as amended by "The Land Acts Amendment Act of 1930") shall be credited to the owner and applied towards payments which may subsequently become due under the new charge: Provided that nothing in this section contained shall entitle the owner to any refund of payments made under the existing charge." 33. Section fourteen of *" The lVJarsupiaZ Proof Repeal of Fencing Act of 1898" is repealed, s V . ic1. 4No o f . 6126. 34. (1.) t" The Upper Burnett and Callide Land Consolidated Settlement Acts, 1923 to 1929," with the amendments Titles. made by this Act, may be collectively cited as "The Upper Burnett and Callide Land Settlement Acts, 1923 to 1930." (2.) t" The Closer Settlement Acts, 1906 to 1929," with the amendments made by this Act, may be collectively cited as "The Closer Settlement Acts, 1906 to 1930." (3.) t"The Clermont Flood Relief Acts, 1917 to 1929," with the amendments made by this Act, may be collectively cited as "The Clermont Flood Relief Acts, 1917 to 1930." (4.) t"The Sugar Workers' Select1;ons Acts, 1923 to 1929," with the amendments made by this Act, may be collectively cited as "The Sugar Workers' Selections Acts, 1923 to 1930." * 62 Vic. No. 16, supra, page 2077. -r See previous annotations to this Act.