Land Acts Amendment Act of 1934 (25 Geo v No. 31) (Qld)

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Land Acts Amendment Act of 1934 (25 Geo V No. 31)
LANDS, CROWN. 25 GEO, V. No. 31, 1934. Lamd Acts Amendment Act. 15017 LANDS, CROWN. (1) Land Acts Amendment Act of 1934 .. (2) Land Acts (Crown Dues) Relief Act of 1934 " (3) Sandalwood Act of 1934 25 Oeo. V. No; 31 250eo. V. No. 27 25 Oeo. V. No. 18 An Act to Amend" The Land Acts, 1910 to 1932," 25Jo~ o31: ' and other Acts by Providing Further Measures LAN;HlcTs of Relief to Certain Crown Tenants; to Amend ! ~ E~ ~ ~ ~ r4~ such Acts in certain particulars; and for other purposes. [ASSENTED TO 12TH DECEMBER, 1934.] B E it enacted by the King's Most Excellent Majesty, _ . by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. This Act may be· cited as "The Land Acts Short title Amendment Act of 1934," and shall, so far as any ~ ~ ~ struc. amendments of or references to *." The Land Acts, 1910 tion. to 1932," are concerned, be read as one with *" The Land Acts, 1910 to 1932," hereinafter referred to as the Principal Act. The Principal Act and this Act may collectively be cited as " The Land Acts, 1910 to 1934." 2. (1.) The Minister shall have power, in such Construction manner as he may deem fit, to clear, form, construct, and of roads. maintain roads serving lands to be opened for selection and to construct bridges, causeways, culverts, or crossings in or on such roads. But the Minister shall not during the execution of any such works have any greater duty, obligation, liability, or responsibility than by the Local Authorities Acts or otherwise is imposed upon Local Authoritieg. (2) The Governor in Council shall make such regulations as he deems necessary or convenient for the purpose of of carrying this section into execution or conferring upon the Minister with respect to such roads under his control any right, power, protection, privilege, or obligation relating to the construction, improvement, or maintenance of such roads similar to those conferred * 1 Geo. V. No. 15 and amending Acts, supra, pages 8775 et seq.
15018 LANDS, CROWN. Land Acts Amendlnent Act. 25 GEO. V. No. 31, Forest Gmzing Leases. upon any Local Authority by any Act relating to local government, or conferred upon the Commissioner of Main Roads pursuant to *" The .Main Roads Acts, 1920 to 1929" (or any Act amending the same) in respect of roads under the control of the Local Authority or the Commissioner of Main Roads. Without limiting the generality of the foregoing provisions such regulations may be made regulating, prohibiting, or restricting traffic or any class of traffic upon any such road or part thereof or confining traffic or any class of traffic to any specified part of such road. (3.) During the execution of such works the provisions of the Local Authorities Acts shall be suspended with regard to the same. Upon the completion of any such work, however, the Minister may notify the Local Authority concerned, whereupon the provisions of the said Acts shall apply. 3. (1. ) Notwithstanding anything in the Principal Act or in any Act or law to the contrary, wherever it is desired to lease the grazing rights of any land comprised in a State forest or timber reserve whilst retaining and developing the land for forestry purposes the Minister, on the recommendation of the Forestry Board, may by notification declare any such land comprised in a State forest or timber reserve open for Forest Grazing Lease and withdraw any land from being open for Forest Grazing Lease. (2.) Such land may in any case be declared so open, subject to any of the conditions applicable under Division 1. of Part Ill. of the Principal Act, and shall be subject to such further conditions as to ringbarking of useless timbers, developmental works, timber treatment for regeneration purposes, or restriction of number and class of stock that may be grazed on the land or any specified part of it as the Forestry Board recommends. In every case the notification shall declare the necessary particulars to be inserted in the conditions of the lease for effecting the prescribed purposes. (3.) All the provisions of the Principal Act relating to Pastoral Leases shall be applicable to Forest Grazing Leases, subject, however, to the modifications hereinafter mentioned and to such other modifications whatsoever, whether of the Principal Act or of this Act, relating to Pastoral Leases or Forest Grazing Leases as the Governor * 10 Geo. V. No. 26 and amending Acts, 8upra, pages 12357 et 8eq.
1934. LANDS, CROWN. Land Acts Amendment Act. in Council may from time to time by Order in Council direct and declare to be applicable to Forest Grazing Leases either generally or in any particular case. (4.) The lessee shall hold the land so that the same may be used for the purpose for which it was reserved, and any person authorised by the Minister shall at all times during the term of the lease have the free right and privilege of access, including ingress, egress, and regress into, upon, over, and out of the leased land at all reasonable times to carry out silvicultural and timber protection operations or for any purposes whatsoever. (5. ) Notwithstanding anything to the contrary contained in any Act or regulation, the selector shall not ringbark, cut down, or destroy any timber, trees, or regeneration thereof standing upon the land, or get or remove any stone, gravel, clay, guano, or other material upon or from the land without the consent of the Minister first had and obtained; and the right of disposing of timber, stone, gravel, clay, guano, or other material on such land shall be and is hereby unrestrictedly reserved to the Crown, and the lessee shall allow any person authorised under *" The State Forests and National Parks Act of 1906" or t" The Land Acts, 1910 to 1932" (or any Acts amending or construed with such Acts) access to the land for the purpose of cutting and removing timber, or removing stone, gravel, clay, guano, or other material from the land. Every lessee shall be liable to a penalty of not less than one shilling and not more than ten shillings for every tree cut down, destroyed, or ringbarked contrary to this section and with the knowledge of the lessee. (6.) The lessee shall if required by the Land Commissioner or the Forest Officer of the district permit agistment on the leased land of stock the property of authorised timber-getters subject to the payment of agistment rates as may be fixed by the Land Commissioner or Forest Officer. (7.) The lessee shall take every precaution to prevent, and immediate action to suppress any outbreak of fire on the leased land, and shall forthwith report any such outbreak to the nearest Forest Officer. The lessee shall * 6 Edw. VII. No. 20 and amending Acts, supra, pages 790 et seq. t 1 Geo. Y. No. 15 and amending Acts, supra, pages 8775 et seq. 15019
15020 LANDS, CROWN. Land Acts Amcndment Act. 25 GEO. V. No. 31, be held responsible for any damage, whether to trees or otherwise caused by fire started by intent or neglect of the lessee, and shall render any assistance he may be called upon to give to combat fires on the leased land. Nothing in this section, however, shall prevent the burning-off of areas of the leased land as approved by the local Forest Officer and subject to such conditions as may be prescribed by him. (8.) Land'held under Forest Grazing Lease shall not be regarded as a pastoral holding or a holding under Part Ill. of the Principal Act for the purposes of the disqualifications and restrictions in area contained in and imposed by section fifty-three and section 53A of the Principal Act. (9.) The holder of any special lease or occupation license situated upon any State forest or timber reserve may upon surrender of his existing title be entitled in priority to acquire as a Forest Grazing Lease one of the portions into which the land may be subdivided or, if the terms of the notification so permit, the whole of the land. (10. ) Notwithstanding anything to the contrary contained in the Principal Act, whenever the whole or part of a Forest Grazing Lease is resumed under the provisions of Division VI. of Part VI. of the said Act, the lessee shall not be entitled to compensation except for improvements effected by him upon the land. (11. ) Notwithstanding anything to the contrary contained in the Principal Act, the lessee, at the expiration or sooner determination of the lease either by forfeiture, cancellation, or surrender, shall not be entitled to payment for any improvements effected on the land, but shall have the right to remove all fencing or structural improvements effected by him upon the land upon payment of any outstanding dues to the Crown. (12.) The provisions of sections nine and ten of *" The Land Acts Amendment Act of 1927," together with any additions thereto or amendment or modification thereof which the Governor in Council by Order in Council may be pleased to make shall, mutatis m1ttandis, extend and apply in respect of land under this section: Moreover it shall be lawful for the Minister in his absolute discretion, on application by a person possessing * 18 Geo. V. No. 17, 8upra, page 11949.
LANDS, CROWN. 15021 1934. Land Acts Amendment Act. - -- - -- - -- - -~ - -- ~ -- - an area of land whether held in fee-simple or under any lease from the Crown which in the opinion of the Minister is not a reasonable living area, to permit of such person acquiring an additional area of land as a Forest Grazing Lease, and the provisions of this subsection shall extend and apply accordingly. 4. (1. ) Notwithstanding anything contained in any Detennina· oA f cat ntyo mthoertgcaognetr, aarnyyalnedsseneootwf iathSsetattnldeminegntthFearemxisLteenascee vt ~ aDlu a :teOsflof on the Mount Abundance Repurchased Estate who has certain bores f or t he purposes 0 f waterm· g IS se I ectI . On been uSI.ng the oAnbuMnoduanntce water from a bore which was in existence at the time of .Estate. the resumption by the Crown of the Mount Abundance Estate, and which bore is equipped (for the use of such selector jointly with other selectors) with pumping, storing, and reticulation appliances or any of them, and who considers that the value of such bore and/or equipment as fixed by the Board is excessive, may make application to the Minister on the prescribed form for a review of the value as so fixed. (2.) Such application shall be made within three months after the commencement of this A -:It. (3.) The Minister shaH in his discretion refer such application to the Court for determination of the fair capital value of the bore and/or equipment as at the date when the bore was equipped as a water facility for the use of the respective selectors. The Court may determine the value of the bore or of the equipment at the same amount as the value as fixed by the Board of the bore or of the equipment, respectively, or at any amount higher or lower than such value; and jurisdiction is hereby conferred upon and imposed on the Court accordingly. (4.) The amount determined by the Court shall be the capital value of the bore or of the equipment, as the case may be, and shall be deemed to be a loan to the selectors who have been using the bore as a common water supply. Mortgages shall be entered into by the selectors accordingly upon such terms and conditions as to repayment to the Crown of the loan together with interest thereon as may, subject to the provisions of Part VIII. of *" The Water Acts, 1926 to 1930" relating to loans, be determined by the Minister. * 17 Geo. v. No. 12 and amending Acts, supra, pages 11733 et seq.
15022 LANDS, CROWN. Land Acts Amendment Act. 25 GEO. V. No. 31, (5.) Upon the execution of a mortgage by the selector for the value of the bore and/or equipment as redeter- mined the existing mortgage (if any) shall be cancelled. The fresh mortgage shall provide for the repayment of the loan together with interest thereon on such terms as would have applied if the value as redetermined had been the original value fixed by the Board. (6.) Any excess of payment by the selector by reason of the capital value of the bore and/or equipment having been reduced on redetermination of value under the provisions of this section shall be applied in payment of interest and redemption which may become due under the terms of the fresh mortgage, and any arrears of payments due on adjustment ofinstalments consequent upon an increase in the capital value shall be paid forthwith. (7.) If no application for review of value is made in respect of any bore as referred to in subsection one of this section, the values of the bore and of the equip- ment as fixed by the Board shall be the capital value of such bore and equipment, respectively, and shall be deemed to be a loan to the selectors who have been using the bore as a common water supply as from the date when such value was fixed. Mortgages shall be entered into by the selectors accordingly upon such terms and conditions as to repayment to the Crown of the loan together with interest thereon as may, subject to the provisions of Part VIII. of *" The Water Acts, 1926 to 1930" relating to loans, be determined by the Minister. (8.) The failure or neglect of any selector who has been using the water from any such bore as aforesaid to execute a mortgage as required in terms of this section shall render the lease or license of his holding liable to forfeiture. (9.) If default is made by a selector in the payment of any moneys due and payable in terms of a mortgage under this section, the lease or license of his holding shall at the option of the Crown be forfeited, but the selector may defeat the forfeiture by payment of the amount due within ninety days from the prescribed date with the addition of a sum by way of penalty equal to interest thereon at a rate not exceeding ten pounds per centum per annum for the period of default; but unless the * 17 Geo. v. No. 12 and amending Acts, supra, pages 11733 et seq.
LANDS, CROWN. 15023 1934. Land Acts Llmendment Act. - - - - --- -~~ ~~ ~ -- - -- - - - - - - - - whole of the amount due together with the penalty is paid within ninety days from the prescribed date, the selection shall at the option of the Crown without any inquiry or other process be forfeited: Provided that the Minister may waive the forfeiture and reinstate the selector on payment of the arrears due and the accrued penalty. (10.) For the purposes of this section the term " equipment" shall mean and include all pumping, storing, delivery, and reticulating appliances, or any of them. (11.) The provisions of this section shall be read as one with *" The Water Acts, 1926 to 1930" (or any Act amending the same) and the provisions of Part VIII. of such Acts so far as applicable shall extend and apply accordingly. . Amendments of the Principal Act. 5. Section fifty-four of the Principal Act is amended, AfmtJndment as f 0 11 ows:- 0 s. 54. A new paragraph (iiA) is inserted after paragraph (ii.) of subsection two, as follows : - "(iiA) Declare that in respect of any specified Priority. portion or portions comprised in the notification which are smaller in area than the average area held by landholders in the neighbourhood, the provisions of subsection one of section seventy-one of this Act shall not apply." 6. Section seventy-one of the Principal Act is A.mendment amen d e d , as f 0 11 ows:- or s. 71. In subsection one, before the words" An applicant," the words" Subject as hereinafter provided" are inserted. The following proviso is inserted after the first paragraph of the said subsection, namely:- "Provided that in any case where the opening notification by virtue of paragraph (iiA) of subsection two of section fifty-four of this Act so declares, the provisions of this subsection shall not apply." 7. In subsection five of section 137A of the Principal Afme~~~ent Act the word" sixty," where it twice occurs, is repealed 0 s. A. and the word" thirty" is inserted in lieu thereof. * 17 Geo. v. No. 12 and amending Acts, supra, pages 11733 et seq.
15024 LANDS, CROWN. La,nd Acts Amendment Act. 25 GEO. V. No. 31, New s. 1750. 8. The following new section (175c) is inserted after section 175B in the Principal Act, as follows : - Leases for "[175c.] Notwithstanding anything hereinbefore ~ ; ~~ ~ r- contained, the Governor in Council may issue a Perpetual industrial Town Lease or a Perpetual Suburban Lease or a ~ ~[£ ~~~ s Perpetual Country Lease of any Crown land without competition. competition to any person or company who or which proposes to effect upon the land substantial improve- ments for any manufacturing or industrial enterprise ·calculated to give considerable employment. In each case it shall be a condition of the lease that specified buildings or developmental works shall be erected or constructed on the land within a specified time. When it is proposed to issue a Perpetual Town Lease, a Perpetual Suburban Lease, or a Perpetual Country Lease in terms of this section, the annual rent payable during the first period of fifteen years of (,he term shall be determined by the Court at a sum equal to three pounds per centum of the fair unimproved capital value of land of similar quality in the same neighbourhood. The provisions of sections one hundred and sixteen and one hundred and twenty-one of this Act, except as hereby modified, shall, mutatis mutandis, apply to land dealt with under this section." oAfms. en1d85m.ent eight 9 y- . fiIvne soufbtsheectiPornintchipreael Aofcts, eacftitoenr tohnee whuonrddrse" dsauncdh land," where they first occur, the words " or for such other purposes as may be from time to time approved by the Governor in Council either generally or in any particular case " are inserted. Amendment of s. 192. 10. After the third paragraph of section one hundred and ninety-two of. the Principal Act the following provision is inserted :-- "In any case in which any doubt exists or any question arises as to the dedication of any land, way, or thoroughfare to public use as a road, and wherein action for closure is proposed under this Act, the Minister shall have authority to, and may if he deems it expedient so to do, first refer such question of dedication to the Court. Whereupon the Court shall decide the question and shall certify its finding to the Minister.
LANDS, CROWN. 15025 1934. Larnd Acts Amendment Act. Upon such determination the question as to dedication shall be deemed to have been determined, and the certificate of the Court shall, for any purpose whatsoever and notwithstanding anything to the contrary contained in this Act or any other Act, be final and conclusive as to dedication; any such certificate shall have the force of law and be obeyed by all persons concerned." Amendments of *" The Land Acts Amendment Act of 1927." 11. The following amendments are made in *" The Amendments Land Acts Amendment Act of 1927," namely :".. ~ ~ lf~ ~ Amendment Act of 1927." In section ten the words" contiguous or adjacent Amendment to" are repealed, and the words "in the neighbour- of s. 10. hood of" are inserted in lieu thereof; also the words "contiguous or adjacent land" are repealed, and the words " neighbouring land" are inserted in lieu thereof. After the word" Minister," at the end of the first paragraph of the said section, the following words are added :-" or in the event of there being a number of neighbouring selections or holdings which are less than reasonable living areas, the Minister may direct that priority as between selectors or lessees of such neighbour- ing land as may be approved by the Minister be determined by lot before the area or areas are notified to be open for selection, whereupon the application of the successful drawer shall have priority in respect of the area in question." After the third paragraph of the said section the following provision is inserted, namely:- "Provided further, that no selection or holding in respect of which an additional priority area has been or may be granted under this section shall be transferred except together with and inclusive of such additional priority area: and provided also that no additional priority area which has been or may be granted under this section shall be transferred except together with and . inclusive of the selection or holding in respect of which such priority area is granted." * 18 Geo. V. No. 17, supra, page 11949.
15026 LANDS, CROWN. Land Acts Amendment Act. 25 GEO. V. No. 31, Amendment of *" The Land Acts Amendment Act of 1931." Amendment of" The 12. This section shall be read as one with and as an Land Acts amendment of *" The Land Acts Amendment Act of Amendment 1931" Act of 1981." Relief to (1.) Notwithstanding anything in any Act or Cternoawnnts of I aw or ru I e or process of law to the contrary, any Preferential application made to the Minister by the lessee of a ~ ~ ~ ~ ~ ~ ~s, Preferential Pastoral Holding or of a Stud Holding or Stud of a Grazing Selection for a reduction of the rent of the . HanodldGinrgazsing h 0 Id· mg dur' mg a perl.Od 0 f three years commencm. g on Selections. 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, pursuant to the provisions of Part II. of *"The Land Acts Amendment Act of 1931," shall be and be deemed to have been made in respect of a period of four 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-five; and the rent of the holding as reduced by the Minister, or as determined by the Court, as the case may be, consequent upon such application, shall be deemed to be and shall be the rent payable in respect of the holding during the period of four years commencing on the first day of January, one thousand nine hundred and thirty-two, or such lesser period up to the date of the expiry of the term of the lease. (2.) The provisions of Part II. of *" The Land Acts Amendment Act of 1931 " shall by virtue of the provisions of this Act be deemed to be amended as follows and to the intent that the said Part of the said Act shall be read and construed as if the amendments herein made had been inserted in the said Act as at the date of its commencement :- (i.) In section five the words "three years," wherever they occur, are repealed and the words "four years" are inserted in lieu thereof; also the word "thirty-four " is repealed and the word" thirty-five" is inserted in lieu thereof ; * 22 Gso. V. No. 39, supra, page 13797.
IjANDS, CROWN. 15027 1934. Lcmd Acts Amendment Act. (ii.) In paragraph (b) of subsection two of section six the words "three years," where they twice occur, are repealed and the words "four years" are respectively inserted in lieu thereof; also the word" thirty-four" is repealed and the word" thirty-five"'is inserted in lieu thereof; (iii.) In section seven the words "three years," wherever they occur, are repealed and the words "four years" are inserted in lieu thereof; also the word "thirty-four" IS repealed and the word "thirty-five" IS inserted in lieu thereof; (iv.) In section eight the words "three years," wherever they occur, are repealed and the words "four years" are inserted in lieu thereof; also the word "thirty-four," wherever it occurs, is repealed and the word "thirty-five" IS inserted in lieu thereof. In paragraph (a) of subsection two of the said section the word" thirty-five" is repealed and the word" thirty-six" is inserted in lieu thereof. Amendments of *" The Upper Burnett and Callide Land Settlement Acts, 1923 to 1932." 13. The following amendments are made in *" The Amend- Upper Burnett and Callide Land Settlement Acts, 1923 to ~ ; ~ ~ ~pper 1932," as follows ;- Burnett and Callide Land Settlement Acts, 1923 to 1932." (a) Subsections four and five of section nine of such Amondment Acts are amended by respectively inserting in the said of s. 9. subsections the following proviso, namely ;- ': Provided further, that as from the first day of January, one thousand nine hundred and thirty-five, the rate of interest above referred to shall be and is hereby reduced from five pounds per centum per annum to four pounds per centum per annum." * 14 Geo. V. No. 14 and amending Acts, supra, pages 10639 et seq. K
15028 LANDS, CROWN. -- ~ ~ - - - - - ~ - - - - - ~ - - --- Land Acts Amendment Act. 25 GEO. V. No. 31. Amendment (b) Subsections three and four of section ten of such of s. 10. Acts are amended by respectively inserting in the said subsections the following proviso, namely :- "Provided further, that as from the first day of January, one thousand nine hundred and thirty-five, the rate of interest above referred to shall be and is hereby reduced from five pounds per centum per- annum to four pounds per centum per annum." Amendment of *" The State Forests and National Parks- Acts, 1906 to 1932." Amendment 14. Section four of *" The State Forests and National of s. 4 (If "The Parks Acts, 1906 to 1932," is amended by inserting, after- aSntadteNaFtoiroensatsl paragraph ( a ) 0 f the provI.so, the f 0 1 o 1 w ' mg a dd 1 't' IOna I ParKs Acts, paragraph (a) (i.), as follows:- 1906 to 1932." " (a) (i.) Leases of lands comprised in a State Forest may be granted as Forest Grazing Leases under section three of t" The Land Acts Amendment Act of 1934." " *" The State Forests and National Parks Acts, 1906 to 1932," as amended by this section may collectively be cited as " The State Forests and National Parks Acts,. 1906 to 1934." Amendment of t" The Closer Settlement Acts, 1906 to 1932." Amendment 15. Paragraph (b) of section thirty-nine of t" The ? f; h: ~ r: ser Closer Settlement Acts, 1906 to 1932," is repealed. Settlement Acts, 1906 to 1932." The Closer Settlement Acts as amended by this section may collectively be cited as " The Closer Settlemen Acts, 1906 to 1934." * 6 Edw VII. No. 20 and amending Acts, supra, pages 790 et seq. t 25 Geo. V. No. 31 (this Act). t 6 Edw. VII. No. 32 and amending Acts, supra, pages 8901 et seq.
LANDS, CROWN. 15029 1934. Land Acts Amendment Act. --- ------------------- Amendments of *" The Prickly-pear Land Acts, 1923 to 1932." 16. The following amendments are made in *" The A of me ss n . d 1 m 2 e , n 1 ~ 0, Prickly-pear Land Acts, 1923 to 1932," which Acts, 16, 19, and 23 of "The t: with the amendments made pursuant to this Act, may Prickly-pear collectively be cited as "The Prickly-pear Land Acts, f~ ; t cts• 1923 to 1934, " h t at I . S to say : - 1932." (i.) Paragraphs (a) and (e) of subsection one of section twelve are repealed. (ii.) In paragraph (b) of subsection three of section twelve the words t"" The Prickly-pear Land Acts Amendment Act of 1930"" are repealed, and the words t" "The Land Acts Amendment Act of 1934 " " are inserted in lieu thereof. (iii.) Paragraphs (e) and (h) of subsection one of section fifteen are repealed. (iv.) In section sixteen the words "and wherever the word "Court" is used the word "Commission" shall be deemed to be substituted" are repealed. (v.) In the fourth paragraph of subsection three of section nineteen the word" Commission" is repealed and the word " Court " is inserted in lieu thereof. (vi.) In the second paragraph of provision (ii.) of subsection six of section nineteen the word " Commission') is repealed and the word "Court" is inserted in lieu thereof. (vii.) In section twenty-three the word "Com- mission " is repealed and the word " Court " is inserted 1Il lieu thereof. * 14 Geo. V. No. 34 and amending Acts, supra, pages 10605 et seg. t 21 Geo. V. No. 28, supra, page 13032. t 25 Geo. V. No. 31 (this Act).
15080 LANDS, CROWN. Land Acts Amendment Act. 25 GEO. V. No. 31, Amendments of *" The Irrigation Acts Amendment Act of 1933." Amendmell's 17. *" The Irrigation Acts Amendment Act of 1933" o Ir f r " iga 'l' t h io e n is hereby amended, as follows : - Acts Amendment Act of 193:1." Amendment (1.) After the first paragraph of section mne the of s. 9. following paragraph is inserted, namely : - Rent. "Provided that the rent for the second year of land other than irrigable land shall be a peppercorn (if demanded).' , New s. llA, (2.) A new section (llA) is inserted after section eleven, as follows :- Opening up prickly-pear "[l1A.] (1.) Any Crown land, being prickly-pear land. land as defined in the Prickly-pear Land Acts, within an Irrigation Area may be proclaimed open for selection as Prickly-pear Development Grazing Homesteads, Prickly-pear Development Grazing Farms, Perpetual Lease Prickly-pear Selections, or Perpetual Lease Prickly- pear Development Selections. (2.) All the provisions of the Land Acts and the Prickly-pear Land Acts relating respectively to Prickly- pear Development Grazing Homesteads, Prickly-pear Development Grazing Farms, Perpetual Lease Prickly- pear Selections, or Perpetual Lease Prickly-pear Development Selections shall apply to the opening of Crown land within an Area as Prickly-pear Development Grazing Homesteads, Prickly-pear Development Grazing Farms, Perpetual Lease Prickly-pear Selections, or Perpetual Lease Prickly-pear Development Selections, respectively, and to such selections respectively selected, acquired, and held within an Irrigation Area." Amendment (3.) A new paragraph (c) (i.) is inserted in subsection of s. 17 (2.) two of section seventeen, as follows ; - " (c) (i.) The lease shall be subject to such condi- tions as to ringbarking, improvements, or developmental works as may be determined: provided that if the same person is the selector of two or more selections it shall be sufficient to make such improvements upon any part of the whole area." * 24 Geo. V. No. 21, supra, page 14793.
LANDS, CROWN. 15031 1934. Land Acts Amevndmevnt Act. *" The Irrigation Acts, 1922 to 1933," as amended by this section may collectively be cited as " The Irrigation Acts, 1922 to 1934." Amendment of t" The Discharged Soldiers' Settlement Acts, 1917 to 1932." 18. Section SE of t" The Discharged Soldiers' Amendment Settlement Acts, 1917 to 1932," is amended by the addition °i~ ; ~ ~ thereto of the following provisions, namely:- ~ ischar~ ed Soldiers' "For the purposes of any such arrangement as Settlement aforesaid entered into between the Corporation and theAcf93~ 9~ 7 Minister, the following provisions shall apply and have to . effect, namely:- For the purposes of advances under section eight of this Act, the Corporation (being the Corporation of the Agricultural Bank pursuant to t" The Agricultural Bank Acts, 1923 to 1931 "), shall have and exercise full power and authority to approve of any advance to any borrower under this Act, or any further advance to any mortgagor under this Act, and to approve of the granting of any relief to any mortgagor under this Act. Any such approval made by the said Corporation of the Agricultural Bank under this paragraph shall, for the purposes of this Act, be of the same force and effect as if the Minister had in fact given such approval: Moreover, the said Corporation shall for all purposes be and be deemed to be the deputy of and attorney for the Minister, and shall have and may exercise the powers, authorities, and jurisdiction conferred on the Minister by or under any mortgage or other security, and without limiting the generality of these provisions, including the power and authority to execute all necessary securities and releases of securities accordingly.. In addition to the above powers the Corporation of the Agricultural Bank may serve any notice on any mortgagor to show cause why his selection should not be forfeited in any case where any such notice under this Act may be served by the Minister; and any such notice so served shall be of the same force and effect as if such notice were served by the Minister. * 13 Geo. V. No. 29 and amending Acts, supra, pages 10218 et seq. t 7 Geo. V. No. 32 and amending Acts, supra, pages 9453 et seq. t 14 Geo. V. No. 41 and amending Acts, supra, pages 10443 et seq.
15032 LANDS, CROWN. Lamd Acts Amendment Act. 25 GEO. V. No. 31,1934. In any such case the selector shall furnish to the Corporation his reply (if any) to any such notice, and the Corporation shall forward to the Minister its report and recommendation on the matter accordingly: Provided always that the final action with respect to any forfeiture under this Act shall not lie with the Corporation, but shall lie and remain vested in the Minister accordingly." The amendment hereby made to the said section shall take effect as from the first day of January, one thousand nine hundred and thirty-three, and to this extent shall have retrospective operation accordingly. Amendment of *" The Rabbit Acts, 1913 to 1930." Amendment 19. Section ten of *"The Rabbit Acts, 1913 to 1930," " o T f s h . e 10 of is amended by adding at the end of paragraph (iii.) of Rabbit Act8, subsection two of such section the words" or by excluding 1 J 991330. t " o from the District any portion of such District." The following new subsection three is added to the said section, namely :- "(3.) When a portion is excluded from one District and is not included in another District all the assets and property of the Board from whose District the portion is excluded and located in such excluded portion shall be vested in the Crown. The provisions of sections sixty and sixty-one of t" The Local Authority (Grazing Districts Improvement) Acts, 1930 to 1933," shall apply and extend to every fence which under this section devolves upon the Crown." Regulations. Regulations. 20. The Governor in Council may from time to time make regulations for all or any purposes, whether general or to meet particular cases, that may be convenient for the administration of this Act or that may be necessary or expedient to carry out the objects and purposes of this Act; and all the provisions of section two hundred and nine of the Principal Act shall, mutatis mutandis, extend and apply in respect of all or any matters or things under this Act.. * 4 Geo. V. No. 7.and amending Acts, 8upra, pages 5954 et 8eq. t 21 Geo. V. No. 44, and 24 Geo. V. No. 29, 8upra, pages 12844 and 14560.
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