Land Acts Amendment Act of 1931 (22 Geo v No. 39) (Qld)

LANDS, CROWN. 22 GEO. V . .;\10. 39, 1931. Land Acts Amendment Act. 137!)7 LANDS, CROWN. An Act to Amend "The Land Acts, 1910 to 1930," 22N~ ~ ~ ' 9: ' by Providing for a Measure of Relief to THE LAND Crown Tenants of Holdings mainly used for AM: : ~ ~ ENT the Depasturing of Sheep so that Production ACT OF 1931. from the Pastoral Lands of the Et~ 1. te may be maintained; to Amend such Acts and other Acts in certain particulars; and for other purposes. [ASSENTED TO 24TH DECEMBER, 1931.J B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assemblert, and by the authority of the same, as follows;- PART I.-PRELIMINARY. PART 1.- PRELIMINARY. 1. (1.) This Act may be cited as " The Land Acts Short title Amendment Act of 1931," and shall, so far as any ~ 1mend- ~ ~ struction ments of or references to *"The Land Acts, 1910 to 1930," of Act. are concerned, be read as one with "The Land Acts, 1910 to 1930," hereinafter referred to as the Principal Act. The Principal Act and this Act may collectively be cited as " The Land Acts, 1910 to 1931." (2.) In this Act, unless the context otherwise Definition. indicates, the terms used have the meanings set against them in the Principal Act. (3.) Subject as hereinafter provided, the provisions Commence- of this Act shall come into operation at the date of the ment of Act. passing thereof : Provided that the provisions of P[lxt Ill. of this Act shall come into operation on the first day of February, one thousand nine hundred and thirty-two. * 1 Geo. V. No. 15 and amending Acts, supra, pages 8775 et SC1. (See Alphabetical Table of Acts.)

13798 PART 1.- PRELIMINARY. LANDS, CROWN. Land Acts Amendment Act. 22 GEO. V. No. 39,. Parts of Act. 2. This Act is divided into Parts, as follows :- PART I.-PRELIMINARY; PART n.--RELIEF TO CROWN TENANTS OF SHEEP' HOLDINGS; PART IlL-THE LAND ADMINISTRATION BOARD; PART IV.-MISCELLANEOUS AMENDMENTS OF' "THE LAND ACTS, 19lO TO 1930"; PART V.-AMENDMENTS OF OTHER ACTS; PART VI.-GENERAL PROVISIONS. PARTII.- RELIEF TO TECNRAONWTSNOF PART n.-RELIEF TO CROWN TENANTS OF SHEEP' SHEEP HOLDINGS. HOIJDINGS. Holdings to 3. (1.) This Part of this Act shall be applicable which Part n. applies. only to Pastoral Holdings held under Division I. of Part Ill. of the Principal Act, Stud Holdings held under section 16A of *"The Land Acls Amendment Act of 1927" (as enacted by section sixty-seven of t"The Land Acts Amendment Act of 1929 "), and to Grazing Selections held under Part IV. of the Principal Act, which Pastoral Holdings, Stud Holdings, and Grazing Selections, since- the commencement of the current period of the lease, have been mainly used for the depasturing of sheep. This Part of this Act shall not be applicable, to any holding applied for as a Pastoral Holding or- Stud Holding or selected as a Grazing Selection after the first day of January, one thousand nine hundred and thirty-two, nor to any holding which, at the time the rent now being paid was fixed by the Minister or' determined by the Court or the Prickly-pear Land Commission, was mainly used for the depasturing of cattle and was assessed on that basis, nor to a Settlement Farm Lease on the Mount Abundance Repurchased Estate, in the Land Agent's District of Roma, which. has received any of the concessions provided by section 36K of i"The Oloser Settlement Acts, 1906 to 1929" (as. enacted by section twenty-six of § "The Land Acts: Amendment Act of 1930 "). * 18 Geo. V. No. 17, supra, page 11949. t 6 Edw. VII. No. 32 and amending Acts, pages 8901 et seq. Alphabetical Table.) t 20 Geo. V. No. 15, supra, page 12642. § 21 Geo. V. No. 43, supra, page 13013. (See;.

LANDS, CROWN. 13799 1931. Land Acts Amendment Act. (2.) The holdings to which this Part of this Act is applicable are herein referred to as Sheep Holdings. PART H.- RELIEF TO CROWN TENANTS OF SHEEP HOLDINGS. (3.) A Pastoral Holding, the lease of which expired Expired before the passing of this Act, and which holding ~ ea: l~ :fih be was main1y used for the depasturing of sheep and, under this notwithstanding the expiry of the lease, is still in the Act. occupation of the late lessee, shall be deemed to be a Sheep Holding and the lease thereof may be extended under this Part of this Act. (4.) For the purposes of this Part of this Act other ~ortgage~ B than section nine hereof a mortgagee, having entered upon ~ ~ e: ~ :: sr: ~ ~ and taken possession of a holding in accordance with lessees. section one hundred and fifty-nine of the Principal Act, shall be deemed to be the lessee of the holding. (5.) No concession by way of extensi9n of lease Concessions or by way of reduction of rent under this Part of this Act ~ ; ! r~ ~ e until shall have any effect or operation unless a lessee shall all dues paid. have first paid all arrears of rent due and payable under his lease and all or any other outstanding fees, charges, and amounts due, payable, and owing by him to the Crown in respect of the holding concerned. Extension of Pastoral Leases. 4. (1.) At any time before the thirty-first day of Pa8t~ ral March, one thousand nine hundred and thirty-two, or ~ ;~1:!~ within such further time as the Minister may in his for . discretion allow, the lessee of a Pastoral Holding the fa~ ~ ~ ~ slOn of lease of which will expire on or before the thirty-first day of December, one thousand nine hundred and forty, 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 for an extension of the lease of his holding. (2.) Thereupon the Minister shall refer such Reference to application to the Board for inquiry and recommendation Board. as hereinafter provided. (3.) In inquiring into any such application, the Duty of Board shall take the holding into consideration, and ~~ ~ rtc~nder shall have regard to- (a) The depressed state of the sheep and wool industry by reason of the unduly low prices obtainable for sheep and wool; (b) The decreased earning capacity of sheep holdings;

13800 PART II.- RELIEF TO CROW:"; TENANTS OF SHEEP HOLDINGS. LANDS, CROWN. Land Acts Amendment ",:iel. 22 GEO. V. No. 39, (c) The adjustment in tenure that would be necessary to give the lessee a reasonable opportunity to recoup financial losses and drought expenditure which have been incurred in recent years; (d) The adjustment in tenure that may be advisable in the public interests to ensure the maintenance of production from the holding; (e) The demand for additional areas from those with less than a safe living area in the locality; (f) The demand for land as Grazing Selections in the locality; (g) Any other factor and circumstance as may be deemed fit and proper. Board to ( 4.) The Board shall at the conclusion of the mmeankdearteiCon0m. · I . nquI . ry f orwar d to t h e 1 l \ n "" lnI . S t er a recommen d a t' IOn I . n respect of the following matters :- (a) The number of years by which the term of the lease should be extended; (b) The rights of resumption for closer settlement purposes which should be reserved to the Crown at the expiration of the current lease and during the term of the extended lease; (c) The special conditions, if any, to which the lease as extended should be subject. (5.) The Minister shall consider such recommendation and may submit such recommendation to the Governor in Council for approval or may refuse such recommenda- tion, or may refer such recommendation back to the Board for further inquiry. Approval ?y . (6.) Upon approval by the Governor in Council of g~ ~ :~~ r ID the recommendation of the Board, the term of the lease shall be extended for the period recommended, subject to any special conditions recommended, and the instrument of lease shall be endorsed accordingly. (7.) Except as provided by subsection ten hereof, no extension of lease granted under the provisions of this section shall be for a longer time than ten years.

LANDS, CROWN. 13801 - - - - - - - - - - - - - - - - - - - - - - - - - . - PARTII.- 1931. Land Acts Amendlment Act, RELIEF TO CROWN TENANTS OF SHEEP (8.) Any extension of lease granted under the HOLDINGS. provisions of this section shall, notwithstanding anything ! : ~ ~ s~ : ~ ent. elsewhere contained to the contrary, be considered a period of the term of the lease as so extended, and shall be subject to reassessment of rent by the Court or the Prickly-pear Land Commission (as the case may be) in accordance with the provisions of the Principal Act. (9.) Notwithstanding. anything contained in the Crown rights Principal Act, any lease extended under the provisions ~ ! sumPtion. of this· section, whether or not the Crown rights of resumption under section one hundred and forty-six of the Principal Act have been exercised in full, shall be subject to such additional rights of resumption without compensation (but subject to the .provisions of section one hundred and fifty-five of the Principal Act relating to the payment for improvements), as may be decided by the Governor in Council when granting the extension. When it is intended to make any resumption under this subsection, the Minister shall refer the matter to the Board, and the Board in determining the resumption shall observe the rules laid down in subsection two of section one hundred and forty-six of the Principal Act. (10.) When a Sheep Holding has been considered Earlier and dealt with under this section, the Minister may, on ! : Jec~ ~ ~ en. the recommendation of the Board and with the approval sation by of the G. overnor' . In CounC ' I I , ent er I.nt 0 an arrange- elexatseen.ded ment with the lessee of the holding with a view to obtain- ing the surrender of a portion of such holding for closer settlement purposes at a time prior to the date when the first resumption would otherwise take effect, being the date when the original lease would have expired had it not been extended in terms of this section; and upon the surrender of such portion, the term of the lease of the remainder of the holding may be extended for such time in excess of ten years as the Governor in Council may deem sufficient to compensate the lessee for the surrender aforesaid. (11.) Nothing in this section shall confer upon any No, right of lessee a right to claim any extension of the term of the claIm. lease of his holding. cl

13802 LANDS, CROWN. PARTII.- RELIEF TO CROWN Land Acts Amendment Act. 22 GEO. V. No. 39, TENANTS OF SHEEP HOLDINGS. Reduction of Rents of Preferential Pastoral Holdings and Stud Holdings. H ~~ o ~ l ~ d ~ i ~ n ~ g ~ t s i a a n l d Marc 5 h , · ( o 1 n .) e Athtoaunsayn dti n m I ~ nebehfuonredrtehde a t n hdirt t Yh- I ~ r r t s y t -twdaoy, oorf Stud within such further time as the Minister may in his : ~ 1: 1~ of discretion allow, the lessee of a Preferential Pastoral rents. Holding or of a Stud Holding applied for or held on or before the first day of January, one thousand nine hundred and thirty-two, 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 for a reduction of the rent of the holding during a period of three years commencing on the first day of January, one thousand nine hundred and thirty-two, and ending on the thirty- first day of December, one thousand nine hundred and thirty-four, whereupon the Minister, having satisfied himself that the holding is a Sheep Holding as defined by this Act, may, subject to the approval of the Governor in Council, reduce the rent at present being paid for the holding by one-fourth. !tont. (2.) Notwithstanding anything contained in the Principal Act, the rent as reduced by the Minister with the approval of the Governor in Council under the provisions of subsection one hereof shall be the rent payable in respect of the Sheep Holding during the period of three years aforesaid or such lesser period up to the date of expiry of the term of the lease.. No right of (3.) Nothing in this section shall confer upon any olaim. lessee of a Pastoral Holding other than a Preferential Pastoral Holding or Stud Holding a right to claim a reduction of the rent of his holding. Extension of Leases and Red'uction of Rents of Grazing Selections. , G a S·relaozinlt, Og ns- 6. (1.) At any time before the thirty-first day of Applicatio.n March, one thousand nine hundred and thirty-two, or ~ ~ rl: : a~ r: ~ n within such further time as the Minister may in his reduction of discretion allow, the lessee of a Grazing Selection applied rant. for or held on or before the first day of January, one thousand nine hundred and thirty-two, which comes within the definition of "Sheep Holding" in section

LANDS, CROWN. 13803 1931. Land Acts Amendtnent Act. three of this Act, may apply, by notice in writing under his hand or under the hand of his agent, in the prescribed PART 1I.- RELIEF TO CROWN TENANTS OF SHEEP HOLDINGS. form or to the like effect, to the Minister for- (a) An extension of the term of the lease of the holding; or (b) A reduction of the rent of the holding; or (c) An extension of the term of the lease and a reduction of the rent of the holding. (2.) Dpon receipt of an application under the Powers of provisions of subsection one hereof, the Minister, having Minister. satisfied himself that the selection is a Sheep Holding as defined by this Act, may- (a) Subject to the approval of the Governor in Council, extend the term of the lease of the holding referred to in the application for a period not exceeding seven years. On approval by the Governor in Council of an extension of the term of the lease of a Sheep Holding, the term shall, notwithstand- ing anything contained in the Principal Act, be extended accordingly, and an endorsement to that effect shall be made on the instrument of lease concerned: Provided, however, that no extension of lease under the provisions of this subsection shall be granted which, with the unexpired part of the original term, will cause the lease to have a longer duration than twenty-eight years from the first day of January, one thousand nine hundred and thirty-one. Any extension of lease granted under the provisions of this section shall for the purposes of reassessment be deemed to have always formed part of the original term of the lease; (b) In the case of a selection the rent of which has not been determined by the Court or the Land Appeal Court since the thirtieth day of June, one thousand nine hundred and twenty-nine, grant, subject to the approval of . the Governor in Council, a reduction of the rent being paid for the selection by one- fourth for a period of three years commencing on the first day of January, one thousand nine hundred and thirty-two, and ending on the

13804 PARTII.- RELIEF TO CROWN TENANTS OF SHEEP HOLDINGS. LANDS, CROWN. Land Acts Amendment Act. 22 GEO. V. No. 39, thirty-first day of December, one thousand nine hundred and thirty-four; whereupon, notwithstanding anything contained in the Principal Act, the rent as so reduced shall be the rent payable in respect of the selection during the period of three years aforesaid; t c) In the case of a selection the rent of which has been determined by the Court or the Land Appeal Court on or after the first day of July, one thousand nine hundred and twenty- nine, but before the passing of this Act, refer the application to the Court to be dealt with under this Part of this Act. Review of Oertain Rents by Land Oourt. Duty of 7. (1.) It shall be the duty of the Court with ~ : ~ ~ ~ r respect to every holding which has been referred to it this Act. by the Minister under paragraph (c) of subsection two of section six of this Act to determine the aIUlllal rent of the holding payable during a period of three years commencing on the first day of January, one thousand nine hundred and thirty-two, and ending on the thirty- first day of December, one thousand nine hundred and thirty-four, and in so doing the Court shall, in addition to the matters set forth in subsection one of section one hundred and twenty-five of the Principal Act, have regard particularly to- (a) The decreased earning capacity of the holding by reason of the unduly low prices obtainable for sheep and .wool; (b) The advantageous situation (if it be so) of the holding in relation to markets for its sheep and wool; and (c) The reductions in rent granted by the Minister under this Part of this Act for land of similar quality in the same neighbourhood. (2.) The Court may receive as evidence in any case any report, valuation, or claim already made or furnished to the Court or to the Land Appeal Court by the Minister or the lessee under section twenty-nine of the Principal Act in respect of any Sheep Holding, and may in the case of any Sheep Holding accept and use as part of the record before the Court any evidence, whether oral or in writing, given or adduced in the Land Court or the Land Appeal Court in any prior proceeding under the Principal Act relating to such holding.

LANDS, CROWN. 13805 PARTII.- 1931. Land Acts Amendment Act. RELIEF TO CROWN TENANTS OF SHEEP (3.) If the Court decides that the rent of the Sheep HOLDINGS. Holding for the period of three years aforesaid shall be at the same rate as that of the then existing rent determined for the current period under the Principal Act, the provisions of this Part of this Act other than subsection two of section six shall cease to apply to the holding. (4.)- (a) The powers and duties conferred and imposed .Jurisdiction upon the Land Court under this Part of this ~ e~ ~ er. Act shall be exercised and performed by one member only thereof, and the decision of the Court on all matters arising under this Part of this Act shall be final and conclusive and without appeal; (b) Rules of Court under the Principal Act may provide that all or any of the matters arising under this Part of this Act may be heard and determined by the Court sitting in Chambers in Brisbane or elsewhere; (c) Unless the Court in any particular matter so requires, the provisions of section twenty-nine of the Principal Act need not be complied with by the Crown or the lessee; (d) Notwithstanding anything contained in the Principal Act, the rent as determined by the Court under this Part of this Act shall be the rent payable in respect of the selection during the period of three years aforesaid. (5.) Notwithstanding anything contained in the Procedure Principal Act, in any case where the current period (not where rent being the first period) of the term of a Grazing Selection ~~ ~ i~ ~ r~ ~ ; mainly used for the depasturing of sheep commenced determined before the first day of January, one thousand nine by Court. hundred and thirty-two, and the rent thereof for such current period has not been determined under the Principal Act, the Court shall, on the reference by the Minister of an application by the selector in accordance with this Act, in the same proceeding under this Part of this Act and without regard to the provisions of this Part of this Act, determine the rent for the current period of the term in accordance with the provisions of the Principal Act, and shall also determine under this Part of this Act the rent payable for the period of three years aforesaid.

13806 LANDS, CROWN. PARTII.- RELIEF TO CROWN Land Acts Amendment Act. 22 GEO. V. No. 39, TENANTS OF SHEEP HOLDINGS. If the Court decides that the rent of the selection for the period of three years aforesaid shall be at the same rate as the rent determined for the current period under the Principal Act, the provisions of this Part of this Act other than subsection two of section six shall cease to apply to the selection. Necessary Readjustments. Adjustment 8. (1.) When the rent is reduced by the Minister d o u f e C s. rown with the approval of the Governor in Council or the amount of rent is determined by the Court under this Part of this Act, the lessee shall forthwith pay any arrears of rent due by him so as to adjust the balance due to the Crown. The amount by which the rent actually paid by the lessee in respect of the Sheep Holding since the date when the reduction or deter- mination took effect is in excess of the amount which would have been payable if such rent had been at the rate as reduced by the Minister or determined by the Court under this Part of this Act shall be credited to the lessee and applied towards payment of the rent of the holding which may subsequently become due. Readjust. ment of assessment periods. (2.) Notwithstanding anything contained in the Principal Act, except in cases where the Court decides that the rent of the Sheep Holding for the period of three years aforesaid shall be at the same rate as the rent determined for the current period under the Principal Act, the following provisions regarding reassessment of rent shall apply- (a) In the case of Sheep Holdings in respect of which the rent is reduced by the Minister in terms of this Part of this Act, if the period current on the date from which the rent is reduced by the Minister expires after the thirty-first day of December, one thousand nine hundred and thirty-four, the rent for the time commencing on the first day of January. one thousand nine hundred and thirty-five. and ending on the date when the current period expires shall be payable at the rate fixed by the Minister or determined by the Court or the Commission (as the case may be) before such rent was reduced in terms of this Part of this Act.

LANDS, CROWN. 13807 1931. Land A.cts Amendment Act. PARTII.- R.ELIEF TO CROWN TENANTS OF SHEEP (b) In the case of Sheep Holdings of which the HOLDINGS. period current on the date from which the rent is reduced by the Minister expires on or before the thirty-first day of December, one thousand nine hundred and thirty-four, and in the case of all Sheep Holdings in respect of which the Court has determined the rent of the holding for the three years aforesaid at an amount lower than the rent determined for the current period under the Principal Act, the balance of the term of such holding after the expiration of the time for which the rent has been reduced shall be divided into periods, and the last period of the term shall be of such duration as will permit the other period, or each of the other periods, as the case may be, to be of the duration of ten years in the case of a Preferential Pastoral Holding or Stud Holding and seven years in the case of a Grazing Selection, and the rent of each such holding for such periods respectively shall be determined under the Principal Act accordingly without regard to the provisions of this Part of this Act. Reductions of Rent Retrospective in Certain Cases. 9. (1.) If the lessee of a Sheep Holding at the same R.eduction of ~ ime as he lodg~ s his. application. for a reduction ~ f rent ~ : n~ ~ ~ III accordance WIth thIS Part of thIs Act produces eVIdence retrospective to . ' I.. the satisfaction of the Minister- einasceesr. tain (a) That he has made arrangements with the mortgagees of the holding and any other lenders to accept all interest due under mortgage, lien, or other security, with respect to the holding, sheep, or wool, at a rate not exceeding six per centum per annum for a period of three years from the first day of January or the first day of July, one thousand nine hundred and thirty-one; or (b) That the holding and the stock depastured thereon are free from mortgage or other encumbrance and that he is not paying and has not since the first day of January or the first day of July, one thousand nine hundred

13808 PARTII.- RELIEF TO CROWN TENANTS OF SHEEP HOLDINGS. LANDS, CROWN. Land Acts Amendment Act. 22 GEO. V. No. 39, and thirty-one, paid interest in respect of any sums advanced to him on the security of the holding, sheep, or wool; the Minister may, with the approval of the Governor in Council, extend the relief granted by way of reduction of the rent of the holding to the extent that such reduction of rent will be retrospective to the first day of January, one thousand nine hundred and thirty-one, or the first day of July, one thousand nine hundred and thirty-one, as the case may be. (2.) The provisions of this section shall also apply to holdings dealt with by the Court in accordance with section seven hereof. Applications 10. (1.) Any application made prior to the passing ~ a; f!nr: :ade of this Act, which, if made subsequent to the passing of compliance. this Act would be an application under Part lI. of this Act, shall for all purposes be deemed to be an application under the said Part lI. of this Act, and shall be and be deemed to be a sufficient compliance by the applicant with the provisions thereof, and it shall not be necessary on the part of the applicant concerned to forward any further application. Confirmation (2.) Moreover any concession granted by the ~ r~ : ~ ; ions Minister prior to the passing of this Act in respect of given. any such application made prior to the passing of this Act shall, for all purposes be and be deemed to be a concession made in accordance with the provisions of Part lI. of this Act, and any such concession so granted by the Minister and approved by the Governor in Council is hereby ratified and confirmed, and to this extent this Part of this Act shall have retrospective operation accordingly. PART III.- THE LAND ADMINISTRA- PART lIl.-THE LAND ADMINISTRATION BOARD. TION BOARD. Appoint- 11. (1.) For the better administration of the Land fmuenncttioannsd of Laws and the more effective control of matters relating Land to land settlement, there shall be constituted a Board, AtiodnmBinoisatrrda." to be called the" Land Administration Board," consisting of three persons appointed from time to time by the Governor in Council by commission under his hand and the Public Seal of the State.

LAND~ S, CROWN. 13809 PARTIII.- 1931. Land Acts Amendment Act. THE LAND ADMINISTRA- - - - - - - - - - - - - ~ - - - - - - - - --- --- TION BOARD. One of such persons shall be appointed Chairman of the Board: Provided that, if in the opinion of the Governor in Council it is desirable so to do, any person not at present a member of the Board as constituted under *"The Land Acts Amendment Act of 1927" may be appointed as a member of the Board on probation only, and may be continued on probation for a period not exceeding twelve months, and at the end of the period of probation mayor may not be appointed as a member of the Board. (2.) Subject to the Minister, and not"withstanding anything in any other Act contained, the Board shall be the permanent authority charged with the administration of- (i.) The Department of Public Lands; (ii.) The sub-Department of Irrigation and Water Supply; and of all statutes, regulations, and Orders in Council relating to such Department and sub-Departmento (3.) The Governor in Council may from time to time appoint or authorise the appointment of the Chair- man or any member of the Board to be a member of any Commission, Council, Committee, or other Govern- mental body which has any functions conferred upon it in any wise in relation to the improvement or development of the lands of the State or to increasing settlement on freehold or Crown lands. (4.) The members of the Board shall not be capable Disabilities of being members of the Executive Council or of the of members. Parliament, and shall not act as directors or auditors or in any other capacity take part in the management of any bank, joint stock. company, trade, or business, or acquire any interest in any land held under lease or license under the Principal Act or any other Act administered by the Board. 12. (1.) The Chairman and members of the Board~ emUIlera­ shall receive such remuneration as the Governor in tlOn. Council may fix, but, subject to the provisions of t"The Salaries Act of 1930" and any Order in Council issued thereunder in force at the coming into operation of tbis * 18 Geo. V. No. 17, 8upra, page 11949. t 21 Geo, V. No. 9, 8upra, page 13075.

13810 LANDS, C~ OWN. PART III.- THE LAND ADlIIINIBTRA· Lalftd Acts Amendment Act. 22 GEO. V. No. 39, TIONBoARD. - - - - - - - - - - - - - - - - - - - - - - - - Part of this Act, or which may be issued thereunder subsequent to the coming into operation of this Part of this Act, the remuneration shall not be diminished during their continuance in office. (2.) Such remuneration shall be a charge upon and shall be paid out of the Consolidated Revenue, which is hereby permanently appropriated for that purpose. Tenure of office. 13. (1.) Subject to the provision next hereinafter contained, the members of the Board shall retire from office upon attaining the age of sixty-five years. (2.) The Governor in Council may, if he considers it desirable so to do, continue a member of the Board in office beyond the age of sixty-five years, but such member shall not be so continued beyond the age of seventy years. Service is public service. 14. The service as a member of the Board of any person who is appointed a member shall, for the purpose of ascertaining all his existing and accruing rights, be counted as public service. Removal 15. The members of the Board shall hold office fs u ro s m pen o S ~ l c on e . - during good behaviour, and shall not be removed there- from unless an address shall be presented to the Governor by the Legislative Assembly praying for such removal on the ground of proved misbehaviour or incapacity: Provided that at any time when Parliament is not sitting the Governor in Council may suspend any member of the Board from his office for inability or misbehaviour, in which case a statement of the cause of suspension shall be laid before Parliament within seven days after the commencement of the next session thereof. The member so suspended shall be restored to office unless the Legislative Assembly, within twenty-one days from the time when such statement has been laid before it, declares by resolution that the member ought to be removed from office, and if within the said time the Legislative Assembly so declares the member shall be removed by the Governor in Council accordingly. Appoint. ment of deputy. 16. In the case of the illness, suspension, inability, or absence of any member of the Board the Governor in Council may appoint some other person to act as the deputy of such member during such illness, suspension,

LANDS, CROWN. 13811 1931. Land Acts Amendment Act. PART HI.- THE LAND ADMINISTRA- TION BOARD. inability, or absence, and every such person shall, while he acts as such deputy, have all the powers and perform all the duties of and be subject to the same disabilities as such member of the Board. its du 1 t 7 i . es (1 - .) The Board shall in the performance of D Bo u a ti r e d s . of (a) Advise the Minister on matters of land administration generally and make such reports and recommendations in regard thereto as mav be deemed to be necessary from time to dine; (b) Subject to the Minister, be charged with the proper and effective administration of Crown Lands, Irrigation and Water Supply; (c) Make any inquiry or investigation which the Minister or the Board may think necessary or expedient so to make; (d) Exercise such other powers and perform such other duties as may from time to time be con- ferred and imposed upon it by the Governor in Council. (2.) For the purpose of any inquiry or investigation, the Board and each and every member thereof shall have the same powers, authorities, and protection as a Commission under *"The Official Inquiries Evidence Acto] 1910." 18. (I.) Whenever under this Act, the Principal r,:w: ers of d Act, and any other Act relating to the administration ( t~ ~ ~ ; ~ ~ rai~ of Crown Lands, Irrigation and Water Supply, the Council. Minister is empowered or required to exercise or discharge any power, authority, or duty, the same may be exercised or discharged by him after giving due consideration to the recommendation of the Board; and the said provisions of this Act, the Principal Act, and any other Act shall be construed accordingly. (2.) If the Minister does not approve of any report or recommendation of the Board he may remit it to the Board for reconsideration. (3.) In considering and dealing with any matter which is the subject of a report or recommendation by * 1 Geo. V. No. 26, supra, page 748.

13812 LANDS, CROWN. PARTIII.- THE LAND ADMINISTRA· Land Acts Amendment Act. 22 GEO. V. No. 39, TIONBoARD. - - - - - - - - - - - - - - - - - - - - - - - - the Board, the Minister may act in accordance therewith or may take such other action as the Governor in Council considers to be proper in the public interest. C:0nsequen- 19. (1.) In section four of the Principal Act in the ! ~ ~ : n~F~ he definition of the term" Board" (as enacted by paragraph Principal (a) of section twenty-four of *"The Land Acts Amendment ~ : : tion 4. Act of 1929") the words" Act of 1927" are repealed and the words" Act of 1931" are inserted in Heu thereof. Section 14. (2.) Section fourteen of the Principal Act is amended as follows :- In subsection four after the word" Minister." the words "or the Board or any member thereof" are inserted. In subsection eight, after the word "Minister" the words "or the Board or any member or the Secretary thereof" are inserted. The following new subsection is added to the said section :- " (11.) For the purposes of this section, the words " Department of Public Lands" or "Department" shall also mean and include the Land Administration Board constituted under" The Land Acts Amendment Act of 1931," or any member or officer thereof." Consequen- (3.) Part II. of t"The Land Acts Amendment Act of tmiaelnatms oefnd- 1927" is repealed. "The Land Acts Amendment Act of 1927." Repeal of Part II., B. 4. Chairman of 20. For the purposes of t" The Public Service Acts, ~ ! ; ~ Jo be 1922 to 1924 " the person appointed by the Governor in "permanent Council to be Chairman of the Board shall be deemed to ~e~ ; t~ ~nt. be the permanent head of the Department of: Public Lands and of a»y other Department or sub-Department under the direction of the Board for the time being: Provided that during the illness, inability, or absence of the Chairman the member of the Board acting as Chairman shall be deemed permanent head as aforesaid. * 20 Geo. V. No. 15, supra, page 12642. t 18 Geo. V. No. 17, supra, page 11949. t 13 Geo. V. No. 31 and 15 Geo. V. No. 24, supra, pages 10159 and 11089.

LANDS, CROWN. 13813 PART III.- 1931. Land Acts Amendment Act. THE LAND ADMINISTRA- ~ ~ ~ ~ ~ ~ ~ - ~ ~ - - ~ - - - - - - - - ~ - - ~ TION BOARD. 21. Regulations may be made prescribing the duties Regulations. and responsibilities of the Board, the regulation of meetings, proceedings, and the conduct of business of the Board, the appointment of a secretary or other officers (if necessary) and generally such other matters or things which it may be considered necessary or expedient so to prescribe. PART IV.- PART IV.-MISCELLANEOUS AMENDMENTS OF "THE LAND ACTS, 1910 TO 1930." MISCEL- LANEOUS AMENDMENTS OF" THE A mendments of Principal Act. LAND ACTS, 1910 TO 1930." 2 2. In subsection two of section thirty-seven of the Amendment Principal Act after the words "the applicant may" the < t~ i; ~ ? ) ' words" within six weeks after such refusal" are inserted. wtimhiechwithin mapapyelalpanptly .to Supreme Court. 23. In subsection one of section forty of the Principal Amendment Act, all words commencing" The Minister" and ending oOfp s e . n ~ m o g ( l 1 a ) n . d "following conditions" are repealed and the following for pastoral words and numbers are inserted in lieu thereof:- !: ~ hili~ "(i.) The Minister, with the approval of the Governor same. in Council, may, by notification, declare any Crown land open for pastoral lease. (ii.) The Minister may in his discretion at any time withdraw any land from being open for pastoral lease. (iii;) Land may be declared open for pastoral lease subject to anyone or more of the following conditions :-" 24. The following amendments are made in section Amendment fift ~ y of the Principal Act, that is to say :_ Cofla s s . se 5 s 0. and (a) In paragraph (b) the words " Developmentmfde~ of Grazing Homesteads or Development Grazing Farms" se actIOns. are repealed and the words- " Development Grazing Homesteads; Development Grazing Farms; Prickly-pear Development Grazing Homesteads; or Prickly-pear Development Grazing Farms" are inserted in lieu thereof. (b) The paragraph now numbered (d) is renumbered (e).

13814 LANDS, CROWN. PART IV.- MISCEL· LANEOUS Land Acts Amendment Act. 22 GEO. V. No. 39, AMENDMENTS - - - - - - - - - - - - - - - - - - - - - - - - L~ ~ ~l~:s; (C) After paragraph (c) the following new paragraph 1910 TO 1930." is inserted : - " (d) Prickly-pear Development Selections, which may be- Prickly-pear Development Selections; or Perpetual Lease Prickly-pear Development Selections.', Amendment 25. Paragraph (vi.) of subsection one of section ( o v f i. s ) . . 54 (1) fifty-four of the Principal Act is repealed and the Terms of following paragraph is inserted in lieu thereof : - leases of Grazing "(vi.) In the case of Grazing Selections-state the Selections. term of the lease, which for Grazing Home- steads and Grazing Farms may be any number of years not exceeding twenty-eight years, and for Development Grazing Homesteads and Development Grazing Farms may be any number of years not exceeding forty years." Amendment 26. Mter paragraph (d) of subsection one of section ~ o: ifi: ~ ii~ ~ fifty-five of the Principal Act, the following new of land for paragraph is inserted:- ~ : l~ ~ ~ on. " (e) Prickly-pear Development Selections; or". The paragraphs of the said subsection now lettered (e) and (f) are relettered (f) and (g) respectively. Amendment; 27. In paragraph (h) of section fifty-six of the Mofa s x . im56u.m Principal Act, after the words "Prickly-pear Selection, area for two thousand five hundred and sixty acres," the words Groups. "Prickly-pear Development Selection, five thousand acres" are inserted. Amendment 28. The first paragraph of section fifty-seven of the oPfusr. c5h7as.ing Principal Act, commencing with the words "The pur- prices and chasing price" and ending with the words" per acre," is capital valueij. repealed; the words" Provided that" at the beginning of the second paragraph are repealed; and the words " Provided further that" at the beginning of the third paragraph of the said section fifty-seven are repealed. Amendment 29. The following proviso is added to section 98A oEfxtse. n9S8I;O\ . n of of the Principal Act . • _ leas? of "Provided that if the selector proves to the ~~ ultural satisfaction of the Board that any increase in the annual rent payable under the expired lease would

LANDS, CROWN. 13815 PART IV.- 1931. Land Acts Amendment Act. MISCEL' LANEOUS - - - - - - - - - - - - - - - - - - - - - - - - - AMENDMENTS result in hardship, the Minister may in his discretion L~~~ I~ : 8, grant an extension of the lease of the selection as 1910 TO 1930." an Agricultural Farm for a further period of twenty years commencing on the date on which such lease would have expired if no extension had been granted, and at an annual rental equal to one-twentieth part of the balance of purchase-money which remained unpaid at the expiration of the twentieth year of the said term. In such case, for the purposes of section one hundred of this Act, the due payment of rent during such extended period of twenty years shall be deemed and taken to be in satisfaction of the balance of purchase-money which remained unpaid at the expiration of the twentieth year of the said term." This proviso shall, mutatis mutandis, apply to Agricultural Farms, the leases of which have already been extended in terms of pamgraph (b) of this section. 30. Section one hundred and fifteen of the Principal Amendment . Act is repealed and the following section is inserted in °L f Sd' 115 (I b)' heu thereof:- = ~ e sold by "[115.J (1.) The Minister, with the approval of the : , ~ ~ ~ t: ~ ~ . Governor in Council, may, by notification, cause any Crown land to be offered for sale by public auction. (2.) All such land shall be distinguished as town or suburban or country lots. (3.) The Minister may in his discretion at any time withdraw any such land from sale." , 31. Section onc hundred and seventeen of the Repeal of Principal Act is repealed. sM. i 1 n 1 i 7 m . um upset prices of land for sale. 32. In section one hundred and twenty-one of the Amendment Principal Act, the words "The provisions of section of s. 121. fifty-nine of this Act shall apply to leases under this ~~;~~ual section" are repealed and the words "The provisions Suburban, of sections fifty-nine and sixty-two of this Act shall, ~ : ~ ~ ~ ~ try mutatis mutandis, apply to leases under this section" are inserted in lieu thereof. 33. The following proviso is added to section one Amendment hundred and twenty-four of the Principal Act, namely :_ of s. 124. . "Provided further that if, for any reason, the ~ o claim for money receI . ve d b y t h e C rown ro f m an ' Incom . mg I essee, mImepnrtove. selector, or purchaser as the value of improvements rr;t0neys after remam. s I.n t h e hands of th e Crown for ' SIX years, and no SlX years.

13816 LANDS, CROWN. PART IV.- MISCEL· LANEOUS Land Acts Amendment Act. 22 GEO. V. No. 39, AMENDMENTS L~ ~ ~ I~ TES successful claim within that time has been made in 1910 TO 1930>' respect of it, such money shall become vested in the Crown, and no subsequent claim in respect thereto shall be entertained." Amendment 34. After subsection three of section one hundred ~ ~ es'p;~c?~al and fifty-five of the Principal Act the following new Act. subsection is inserted, namely:- ~ o claim for "(4.) Notwithstanding anything herein contained, if :! : tO~~neys ~ or any reason any: m~ ney received by the Crown for after six Improvements remams m the hands of the Crown for years. six years and no successful claim within that time has been made in respect of it, such money shall become vested in the Crown and no subsequent claim in respect thereto shall be entertained." Amendment 35. In section 158A of the Principal Act, as enacted oMfosr. tg I5 a 8 g A e . of by se " ction eleven of *"The Land Acts Amendment Act . 0 'J " land granted 1930, all words from and including the words" sectIOn aasreaad. ditional nine" to and including the words " Act 0 'J " 1929 "" are repealed and the words" section ten of t"The Land Acts Amendment Act of 1927 " " are inserted in lieu thereof. Amendment 36. Section 175A of the Principal Act is repealed of s. I75A. and the following section is inserted in lieu thereof : - Sale or lease "[175A.] (1.) Notwithstanding anything herein- loafnCdrtoowan before contained, the Governor in Council may sell and religious grant any Crown land or may issue a Perpetual Town ~ ; e~ ~ i~ ~ r of Lease, Perpetual Suburban Lease, or Perpetual Country church Lease of any Crown land, without competition, to a buildings. religious body which is now or may hereafter be authorised and competent in law to acquire and hold land in fee-simple, for the purpose of erecting church buildings thereon : Provided that it shall be a condition of the sale or lease, as the case may be, that specified church buildings shall be erected on the land within a specified time. The provisions of sections one hundred and sixteen, 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. (2.) (a) When it is proposed to sell land in terms of this section, the value of the land shall be determined by the Court, and the price ,charged to the religious body shall be one-half of the value so determined. * 21 Geo. V. No. 43, 8upra, page 13013. t 18 Geo. V. No. 1, 8upra, page 11949.

LANDS, CRO\VN. 1931. Land Acts Amenclm.fnt Act. _ -.. ~ _~ _ _ _ ____ -~ ~ - - - ~ - - - . - ...- - - ~ - . ~ . . . . . . PART IV.- MISCEL· LANEOUS A)IEKD}JEKrS (b) When it is proposed to issue a Perpetual Town L~~~ I~ : s. Lease, Perpetual Suburban Lease, or Perpetual Country 1910 TO 1930:' Lease in terms 01 this ~ elJ' [ jioll, the annual rent payable during the first period of fifteen years of the term shall be determined by the Court at a sum equaJ to one pound ten shillings per centum of the fair unimproved capital value of land of similar quality in the same neighbour- hood. :For each period of fifteen years thereafter so long as the land continues to be used for the purpose for which the lease was issued, the rent shall be determined by the Court at a sum equal to one pound ten shillings per centum of the fair unimproved capital value of land ·of similar quality in the same neighbourhood. Should the lease be sold or transferred or should the land cease to be used for the purpose for which the lea,se was issued, the rent for any succeeding period shall be determined in accordance with the provisions of section one hundred and twenty-one of this Act." 37. Section 175B of the Principal Act, as enacted Amendr:;'ent bv section sL"Cteen of *"The Land Acts Amendment Act of s. 17nB. 01 1930," is repealed and tbe following section is inserted in lieu thereof:- "[l75B.] The lessee of a Special Lease comprising~ pecial land not required for any public purpose, who considers s:~:e~r issue he has reasonably improved such land, may apply to the of Perpetual Minister to be allowed to purchase the land without ~ r~ ~ ~ t ·competition or to be granted a non-competitive Perpetual : omp~ ti~ ion L ease I · n respect t h ereo f . c m as c e e s. rtam The Minister in his discretion may refer the application to the Court, and if the Court after inquiry is satisfied- (i.) That the land has been reasonably improved, having-regard to its unimproved value; (ii.) That the land is not required for any public purpose; it may certify accordingly and determine the unimproved value of the land at which it should be sold or at which a Perpetual Lease should be granted to the applicant. Vihereupon the Governor in Council may sell such land to the lessee without competition at the price determined by the Court, or may issue a Perpetual Town Lease, or a Perpetual Suburban Lease, or a Perpetultl Country Lease Df the land to the lessee, without eompetition, at an * 21 Geo. V. No. 43, sup)'a, page 13013. D1

13818 LANDS, CROWN. PART IV.- MISSEL· LANEOUS Land Acts Amendment Act. 22 GEO. V. No. 39" AMENDMEN'rS - - - - - - - - - - - - - - - - - - - - - - - - - OF" THE LAND ACTS, annual rental for the first period calculated at a sum 1910 TO 1930." equal to three puunds per centurn of the value determined by the Court. The provisions of sections one hundred and sixteen,. 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." Amendment 38. The following amendments are made in section Sofpes.ci1a7l 9. one hundred and seventy-nine of the Principal Act, that Leases. is to say:- (a) In subsection five the words" and may at any time withdraw any such land from sale" are repealed. (b) After subsection five the following new sub- section is inserted :- "(6.) Land notified for sale under subsection five hereof may be withdrawn from sale by the Minister ill his discretion at any time." Amendment 39 In subsection three of section two hundred ~~~r! ~ ! ~ ~ . and one' of the Principal Act, before the word " reserve" to timber. the words " road or" are inserted. Amendment of *"The Land Acts Amendment Act of 1927.'" Amenrl.m~ nt 40. After paragraph (c) of subsection five of sectioIl ~ ~~~ ~:si~ ~ ~ fourteen of *"The Land Acts Amendment Act of 1927," for the fol,Iowing new paragraph is inserted : - dofevdeiflfoipcumltent "(d) S uspensl . On 0 f t h e cond I 'tI' On 0 f persona I country. residence or the substitution of the con- dition of occupation for the condition of personal residence of a Grazing Homestead for the remainder of the term of the lease as extended or for such shorter period as may be deemed fit." Amendments of t"The Land Acts Amendment Act of 1929. n Amendment 41. (1.) (a) In subsection two of section eleven of aonf sd. ( I5I) ( ( a 2 ) ) . t"The Land Acts Amendment Act of 1929," enacted by Application section nineteen of t"The Land Acts Amendment Act of fvoerrscioonn- to 1930," the words "at any time prior to the first day of freeholding January" are repealed and the words "at any time prior treenviuerwe aonf d to the first day of July" are inserted in lieu thereof. value- (b) In paragraph (a) of subsection five of the said mTiamkienfgor section, enacted by section twenty of t"The Land Acts- application. Amendment Act of 1930," the words "(provided such * 18 Geo. V. No. 17, Bupra, page 11949. t 20 Geo. V. No. 15, 8upra, page 12642. t 21 Geo. V. No. 43, 8upra, page ~ 3013.

LANDS, CROWN. 13819 PART IV.- 1931. Land Acts Amendment Act. MISCEL- LANEOUS - - - - - - - - - - - - - - - - - - - - - - - - - AMENDMENTS· notice of election is lodged on or before the thirtieth day L~~~ r~ : s, of June, one thousand nine hundred and thirty-one)" are 1910 TO 1930.''' repealed. . (2.) (a) In subsection two of section twelve of *"The Amendment Land Acts Amendment Act of 1929," enacted by section ~ ~ ~ ' ( ~ 3 ~ ! ? twenty-one of t"The Land Acts Amendment Act of 1930," Application. the words "at any time prior to the first day of : ~ : eholding: January" are repealed and the words" at any time prior titl~ and . to the first day of July" are inserted in lieu thereof. ~ ~ ~ : e~ of .(b) In paragraph (a) of subsection seven of the said ~i:1nft sectIOn, enacted by section twenty-two of t"The Land application. Acts Amendment Act of 1930," the words" (provided such notice is lodged on or before the thirtieth day of June, one thousand nine hundred and thirty-one)" are repealed. 42. In subsection five of section seventeen of *"The Amendment. Land -Acts Amendment Act of 1929 " the words " allowed ra~dl7 (5). to be acquired as aforesaid or " are repealed. allott~ d as additIonal area becomeS' part of original selection. PART V.-AMENDMENTS OF OTHER ACTS. PARTV.- AMENDMENTS; Amendments of t"The Land Acts (Review of Oattle Holding o~ ~ ~. ~ .ER Rents) Amendment Acts, 1923 to 1927." 43. (1.) Notwithstanding anything in any statute, Re- enac~ ­ law, rule of law, or otherwise to the contrary, the : ~ ~ ! d~ lth provisions of t"The Land Acts (Review of Oattle Holding ments, of Rents) Amendment Acts, 1923 to 1927," the title whereof ~ ! : ( . zt~ 7e~ . is- of Oattle " An Act to Make Provision for the Review of the ~ ~ ~ 1: ) g Rents due to the Crown by the Lessees of Amendment Cert am· H 0 ld- mgs mam. 1y used for the Depas- A 19 c 2 ts 7 , ." 1923 to- turing of Cattle in respect of a period commencing on the 1st July, 1921, and ending on the 30th June, 1931 ; and for the Recon- sideration of the Rents of certain Lands held under Occupation License; and for other consequential purposes" * 20 Geo. V. No. 15, supra, page 12642. t 21 Geo. V. No. 43, supra, page 13013. t 14 Geo. V. No. 33 (as amended by 18 Geo. V. No. 17 and 20 Geo. V. No. 15), 8vpra, pages 10598, 11949, and, 12642.

13820 LA="DS, CROWN. PARTY.- A.!END3!EI'iIS OF OTHER ACTS. --~ --~ --- Land Acts Amendment Act. 22 G1£O. V. No. 39, ~ ~ -- ------- -~ - -----~-- 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 Acts had not lapsed by effiuxion of time, and this section shall, subject as herein- after provided, be construed as a re-enactment of such Acts accordingly. (Cl,) Provided that the provisions and operations of such Acts 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 thirty-one: (b) Provided further, subject to subsection two hereof, 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 Acts, 1923 to 1927 " shall not be deemed to have expired on the thirtieth day of June, one thousand nine hundred and thirty-one, but shall be deemed to be fixed for such period as ending on the thirtieth day of June, one thousand nine hundred and thirty-six, or such lesser period up to the date of expiry of the term of the lease, as the case may be, and no further notice of election is required to be made by the lessee of the holding concerned. Holdings (2.) Within three months from the passing of this emxacylubdeed Act any lessee may give notice in writing under his hand from . or under the hand of his agent to the Minister requesting oApcetr. ation of that the provisions of this section shall not be applied to his holding, and thereupon such holding shall be excluded from the provisions of this section accordingly, 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. Less?os not (3.) (a) Any lessee of any cattle holding to which ~ l~ eC~ ~ ~ ;l! ay " The Land Acts (Review of Cattle Holding Rents) Amend- nm<: give ment Acts, 1923 to 1927," as amended by this Act, apply e n l o e t c I t c i o on o . f W h 0 preVIO ' U 1 S y d 1 'd not forward t 0 tl le.L 1 V \1" mIster notic . ~ e * 14 Geo. v. No. 33 (as amended by 18 Geo. V. No. 17 and 20 Geo. V. No. 15), 81.1pra, p:1ges 10598, 119~ 9, and 12642.

LANDS, CROWN. 13821 - -- - -- - - - - - - ~ - - - ] 981. Land Acts Amendment Ad. ~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - PARTV.- AME: NDMEN~ & OF OTHER Av'rH. of election to take advantage of such Acts, may forward a notice to the Minister of election to take advantage of this section 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 thirty-one. (b) Any such notice of election under this subsection shall be given to the Minister at any time within three months after the passing of this Act or such extended time 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 subsection shall be deemed to give any further right to any lessee for the review of the rents of any cattle holdings for [my period prior to the first day of July, one thousand nine hundred and thirty-one, but all such reviews of rentals shall only be in respect of the poriod of five years from the first day of July, one thousand nine hundred and thirty-one. Subject as herein provided, the provisions of *"The Land Acts (ReV'iew of Cattle H o!d,,'ng Ro;t<,) A mcni:men Acts, 1923 to 1927," sh[Lll apply and be construed accordingly: (c) Provided that the amount by \vhich the rent°l'oditfor actua 1 ly paI . d , Dy the lessee ' III re . spect ot " t b le cattL 1 e J 10 Id m ' g a ov m e o rp u c n ti t d uS' since the thirtieth day of June, one thousand nine hundred ('ent. and thirty-one, is in excess of the anlOunt which would have been payable if imch rent had been at the rate determined by the Court under *"The Land Acts (Review of Cattle Hold'ing Rents) Amen(hnent Acts, 1923 to 1927," shall be credited to the lessee and applied tovvards payment of the rent of the hOlding or of other cattle holdings held by the snme lessee \vhieh may subsequently become due. (4.) Subject to this Act, this section shall be COll- Extensi~ n to S t rue d t 0 ex t en d t -·0 an d app I y to t I le ren t s 0 f I a,nm ., ; I le Id L O i c c c o u m p m at s I . On under Occupation Licenses, and the term "holding" in this section shaH, ml1~iatis mutandis, be read and construed to include an Occupation License accordingl , y. * 14 Geo. V. No. 3;{ (as amended by 18 Geo. V. No_ 17 and 20 Geo. V. No. 15), 8upm, pages 10598, 11949, and 1264:C.

13822 LA~ DS, CROWN. PART V.- ------- ---- - - - - - - - - - AMENDMENTS OF OTHER Land Acts Amendment Act. ACTS. 22 GEO. V. No. 39, Amendments (5.) The following amendments shall, by virtue of '1a:I;tcts the provisions of this Act, be deemed to be made in (Review of *"The Land Acts (Review of Cattle Holding Rents) Amend- ~a; i~ ing mentActs, 1923 to 1927," which Acts, with the amendments Rents) herein made, may collectively be cited as "The Land 1~ : ~f~ e~dto Acts (Review of Cattle Holding Rents) Amendment Acts,· 1927." 1923 to 1931 " : - Title. (i.) T'l the title to the said Acts, the words" 30th June, 1931" are repealed and the words" 30th June 1936," are inserted in lieu thereof. :Seption 1. Section 3. Section 5. Section 6. Section 8. (ii.) In section one the words "Amendment Acts, 1923 to 1927,"" are repealed and the words" Amendment Acts, 1923 to 1931,"" are inserted in lieu thereof; also after the words" (including" The Land Acts Amendment Act of 1927"". the words "and "The Land Acts Amendment Act of 1931 " " are inserted. (iii.) In subsection two of section three, the words " Acts, 1923 to 1927," " are repealed and the words" Acts, 1923 to 1931," " are inserted in lieu thereof. (iv.) In subsection one of section five, 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; also, the words " one thousand nine hundred and thirty-one" are repealed and the words "one thousand nine hundrod and thirty-six" are inserted in lieu thereof. In subsection four of the said section, 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. (v.) In subsection one of section six, 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; also, the words " one thousand nine hundred and thirty-one" are repealed and the words" one thousand nine hundred and thirty-six" are inserted in lieu thereof. (vi.). In subsection one of section eight, 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; also the words "one thousand nine hundred and thirty-one," where -_. ---'- -~ --- --- -- - -- - -- - -. - . - - - * 14 Geo. V. No. 33 (as amended by 18 Geo. V. No. 17 and 20 Geo. V. No. 15), supra, pages 10598, 11949, and 12642.

LANDS, CROWN. 13323 1931. Land Acts Amendment Act. PARTV.- AMEND~IENTS OF OTHER ACTS. they twice occur, are repealed and the words "one thousand nine hundred and thirty-six" are inserted in lieu thereof. In subsection two, in the form of notice, the worn.s '" one thousand nine hundred and twenty-six," are repealed and the words "one thousand nine hundred and thirty-one" are inserted in lieu thereof; also the words "one thousand nine hundred and thirty-one," where they twice occur, are repealed and the' words " one thousand nine hundred and thirty-six" are inserted in lieu thereof; also the words "Amendment Acts, 1923 to 1927," " are repealed and the words " Amendment Acts, 1923 to 1931," " are inserted in lieu thereof. In subf'lection four, 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 repealed, and the words" one thousand nine hundred and thirty-one, and ending on the thirtieth day of June, one thousand nine hundred and thirty-six" are inserted in lieu thereof. Arnendments of *"The Prickly-pear Land Acts Arnendrnent Act of 1930." 44. After scction seven of *"l'Jie Prickly-pear Land ",'1?le ./ , ictS Le 1 'men d menu 1 ./ ,; jct 0., f 1 :: " J 30 , " tI , le I £ O 1 i 1 LOw • mg new sectI • On 1 La rw nd kly A - c p t e 8 ar is in"crted .__ , ~ o. Amel,dment Act of 1930." " [7 A.] Notwithstanding anything elsewhere con- Wh'm , toapilelcnd' f , orw P hne · Cre l Lya I -pne D oatrificenvtieo 1 onpdmeecnlatre S , seJ 1 ,ctwctIo . Ono, ranmyorpeerlsootns m t a o pap b dl e oic d Rf o ot o rio m n ed may lodge with his application a notice in the nrescribed certain other , f onn or to tt ' l 1 e . lI 1 ce en '"C ect t 1 lat 1 le c , te . Slres to 1 )0 o ~ eerne d an sinpescalmfieed lots applicant for any number not exceeding five of other notific>ltion. spocified lots included in the opening notification; whereupon, provided tha,t he deposits with his application .an amount equal to the greatest amount of notified rent per annmn for any of the lots specifIed in his application to select and notice herein referred to, he .shaH be deemed to be an applicant for all lots ,specified in such application to select and notice: Provided further that nothing in this section shall permit -of any person holding or acquiring in terms of the notification opening the land for selection a greater area as Prickly-pear Development Selections than is declared in such notification." * 21 Geo. V. No. 28, supra, page 13032.

1;382-1 LANDS, CROvVN. PARTV.- AMEKDlIE::.fTS OF OTHER ACTS --------------- Land Acts - - - - - - - ------------ Amendment Act. 22 GEO. V. ='\0.39. Amendment 45. In subsection one of section ten of *"The 7; c: ~ o~ O (1). Prickly-pear Land Acts Amendment Act of 1930," after volnntari~ y the words " within six months from the passing of this. 8P1rlircrkelnyd.epremagr A C t" the words " or W.It1n.n suc, h f urth . er t , I . nle as t'he IAl,:se' Minister on the recommendation of the Commission may epnrito,trlietryl. to a 1 a 1 w " are I . 11ser t e d . Amendments of The Closer Settlement Acts. "The Closer 46. The second paragraph of section three of t"The ~ ~ : I; ; n{ ~ g6. " Closer Settlement Act of 1906" commencing with the Amer;dment words" Not,vithstanding such repeal" and ending -with ~ 6; ; o; i of the wOl'ds "as if such repeal had not taken place" is s. i. repealed. APP"opl'ict- tion ot In the third paragraph of the said section three, all l'<cceipts. words beginning with the words" except that" to and including the words "formed part" at the end of the section are repealed. Section seven of the said Act is repealed. " The Clo8er 47. After section 36K of t"The Closer Settlement A Sc c ! t l s l . em 1 e 9 l 0 1 6 ~ to Acts ' 1906 to 1930," the following new section is 1030." inserted :- .Jimtour and "[36L.] (1.) vVith a view to affording relief to CHerc' pilurPclLaainsusd se tt 1 ers - on t h e J l ' m b our an d C eCl '1 P _ I al ' llS R epurc 1 lase d Estntes- Estates, the Minister may refer the matter to the Land R cO d ll i Y d cr b si y on Ad m " InIS t Ta tI' on B oard (lv lcrel . naft er re f erred t 0 as " t.he of t,'IllU<' or Board") for inquiry and report as hereinafter provided. altrration of conditions. (2.) Upon reference by tIlf' Minister the Board shall proceed to make a classification of the holdings. cornprised in the repurchased estates mentioned. Such holdings shall be divided by the Board into tw-o classes- Class I. - Holding: ~ which in the opinion of the- Board are suitable for agriculture or mixed- farming purposes; Class n.-Holdings which in the opinion of the Board are not suitable for agriculture or mixed-farming purposes. (3.) The Board shall after inquiry report its classification to the Minister, who shall take such report * 21 Geo. V. No. 28, supra, page 13032. t fl Edw. \"H. No. :{2, 8Uvra, page 890l. ~~ 6 T>~\ r. ::\>!. :-)2 ar:.d [l.lnending l-lcts, supra, AlpLHt~ ( : tical T\: hIe.) pagos 8901 et 8~q. (See

LANDS, CIWWN. 13825 l::):H. Land Acts Amendment Act. PARTV.- A:\fEKDMENTS 0:' O'fHER ACTS. into consideration and may approve of such classification or may refer such classification back to the Board for further inquiry. (4.) On approval by the Minister of such classification by the Board the Minister, notwithstanding anything in any Act contained, may allow the lessee of a holding contained in Class n. of the report of the Board to surrender his lease and obtain in substitution therefor a lease of the land as a Settlement Farm Lease under the Closer Settlement Acts. (5.) The term of the new lease, the annual rent to be charged during the first period, the maximum area that may be held as Settlement Farm Leases, and such other conditions as the case may be deemed to require, shall be determined by the B08xd. (6.) On the approval by the Minister of the terms and conditions determined by the Board and the surrender of the subsisting lease, the selector shall be entitled to a new lease of the land as a Settlement Farm Lease for the term and on the conditions so determined. (7.) Except as modified by this section all th(' provisions of the Closer Settlement Acts relating to Settlement Farm Leases shall apply to such lease'S acquired in terms of this section. (8.) "\Vith rogard to the holdings comprised in Class 1. of the report of the Board, the Minister, upon the recommendation of the Board and with the l1pproval of the Governor in Council, may alter or [ ~ mend any of the conditions to which such holdings ,ue or 11 particular holding is subject as from such date (whether before or after the date when this section "Yas enacted) as he thinks proper under the circumstances." 48. In section four of *"The Closer Settlement Achho Closer Amendment Act of 1913 " and in subsection one of section ~ ~tttlement five of t"The Closer Settlement Act Amendment Act of Amendment 1917" the words "and the proceeds of all such sales Ae~ si~ i~ 3 shall be placed to the credit of the Special Trust Account ~ ~ endm~ nt provided for in section seven of the Principal Act" are ~ f( ~ ) : 4 an,i repealed. * 4 0+;-0. V. Ko. 21, 8U:H'!l, page SfJl7. t 8 G- 0~ ) . V. No. 10, supra, page g~ : ~ : ? l.

13826 LA~ JDS, CROWN. PARTV.- AMENDMENTS OF OTHER AO'I's. Land A.cts A rnendment Act. 22 GEO. V. No. 39, "The Oloser 49. (1.) In paragraph (a) of section 5A of *"The ~ e; : lement Closer Settlement Act Amendment Act of 1917" (inserted AA A mc m te e on n fd d1 m m9 e 1e n 7n t . t" b A" y ct p s a 'A ra m g e r n a d p m h e ( n v t .) A o c f t s o e f ct 1 io 9 n 29 s " evaenndty- aomneenodfed t"T by he sec L t a I . O n n d of s. 5A.(a) twenty-seven of t"The Land Acts Amendment Act of ~ ~ ~ i: : ~ P) ' 1930" ) , the words" at any time prior to the first day of pu.rchasing July, one thousand nine hundred and thirty-one" are ~ ~~~ ~tnd repealed and the words" at any time prior to the first values B;nd day of July, one thousand nine hundred and thirty-two" cAognrviecruslItOunrat. lo are l . nser t e d· In 1 l · cun t e ' reOl: " . - FTarimmetefnour re (2 .) I n paragrap I lOne f 0 se · ctIOn 5B 0 f t h e sal ·d A ct, mak~g . enacted by se:;tion twenty-eight of t"The Land Acts applIcatIOn. Amendment Act of 1930," the words" at any time prior to the first day of January" are repealed and the words "at any time prior to the first day of July" are inserted in lieu thereof. Delormina· 50. After section 5B of *"The Closer Settlement Act Stieotnt.wofmCelnotser Amendment Act O 'J f 1917" the following new section is Acts Trust inserted, namely :- Atracncosfuenrt oafnd "[5 C. ] N Ot\V . It hstand· ll1g anyth·mg contal.lled· In any dLeobaint tFound Act or law to the contra J n'- Account. (a) The Special Trust Account designated as" The Closer Settlement Acts Trust Account" con- stituted pursuallt to § "The Closer Settlement Act of 1906" (and which account includes any Special Trust Account pursuant to the provisions of section three of the said last- mentioned Act) is hereby, and shall for all purposes, be determined, and the said account is and shall be closed, and the debit balance of such account as at the thirtieth day of June, one thousand nine hundred and thirty- one, shall be transferred to and be debited to the Loan Fund Account; and the provisions of this paragraph shall for all purposes be deemed to have come into operation as at the thirtieth day of June, one thousand nine hundred and thirty-one, and shall have retrospective operation accordingly; Appror:ria. ticn of receipts. (b) From and after the first day of July, one thousand nine hundred and thirty-one, all * 8 Geo. V. No. 10, 8upra, pa,ge 892l. t 20 Geo. V. No. 15, 8upra, page 12642. :j: 21 Geo. V. No. 43, 8upra, page 13013. § 6 Edw. VII. No. 32, 8upra, page 8921.

LANDS, CROWN. 13827 1931. Land Acts Amendment Act. PARTV.- AMEN[ ) ~ n' NTS Of' OTHEl, AOTS. moneys received for rent, survey fees, or purchase money in respect of land selected and forming part of any estate acquired pursuant to the Closer Settlement Acts which, but for the provisions of this paragraph, would have been paid into the Closer Settle- ment Acts Trust Account, shall be paid into and shall form part of the Consolidated Reyenue Fund: Moreover all such payments made into the Consolidated Revenue Fund from and after the said first day of July, one thousand nine hundred and thirty-one, are· hereby approved, ratified, and validated, and the provisions of this paragraph shall have retrospective application accordingly." Amendments of *"The Tully Hugar Works Area Land Regulations Ratification Act of 1924." 51. In paragraph (i) of clause seven and in sub- "1'he 1'ttlly division five of clause eight of the Schedule to *"The ~ ~ ~ ~ rL~ : ~ k8 T1tlly Sugar Warks Area Land Regulations Ratification Reg1: 'lati~ n8 A C t O , J /, 1924 , " the. words " and 0 f t,he CorporatI· O"n are RAacttiofifc1a9tw2n4. " repealed. Amendment of clauses 7 (i) and 8 (5). PART VI.-G ENERAL PROVISIONS. PART VI.- GENERAL 52. (1.) t" The Prickly-pear Land Acts, 1923 to PROV!HIONS. 1930," with the amendments made by this Act, may be C:0nsulidated (;ollectively cited as " The Prickly-pear Land Acts, 1923 titles. ·to 1931." (2.) t"The Closer Settlement Acts, 1906 to 1930," with the amendments made by this Act, may be collectively cited as " The Closer Settlement Acts, 1906 to 1931." (3.) § "The Tully Sugar Worlcs Area Land Regnlations Acts, 1924 to 1930," with the amendments made by this Act, may be collectively cited as "The T1tlly S1!gar Works Area Land Reg1dations Acts, 1924 to 1931." 53. All the provisions of section two hundred and Regulations nine of the Principal Act empowering the Governor in under s. 209. 'Council to make regulations shall, mutatis m1ttandis, extend and apply in respect of all or any matters or things under this Act, and such regulations may be made .on the passing of this Act. * 15 Geo. V. No. 22, supra, page 11214. t 14 Geo. V. No. 34 and amEmding Acts, supra, pages 10605 et Beg. 1: 6 Edw. VII. No. 32 and amending Acts, 8!lpra, pages 8901 et scq. § 15 Geo. V. No. 22, 8~ lpra, page 11214 (as amended by this Act).