Land Acts Amendment Act of 1952 (1 Eliz Ii No. 51) (Qld)

254 LAND. Land Acts Amendment Act. 1 E liz . II. No. 51, LAND. (1) Land Acts Amendment Act of 1952 .. (2) Review of Valuations Act of 1952 .. .. 1 Eliz. II. No. 51 .. 1 Eliz. II. No. 49 1 N E o l . iz 5 . 1 i . i . An Act to make Provision for Offering New Leases T he L and A cts to Lessees of Certain Pastoral and Grazing A mendment A ct of 1952. Tenures; to make Provision for the Eenewal of the Leases of certain Holdings before the expiration of the Term thereof; to make Provision for Requiring Lessees of Holdings for Pastoral Purposes to secure the Better Development and Use thereof by Growing Cultivated Crops for Fodder; and to Amend “ The Land Acts, 1910 to 1951,” in certain particulars, and for other purposes. [A ssented to 18 th D ecember , 1952.] E it enacted by the Queen’s Most Excellent Majesty, B 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:— P art I.— P reliminary . P art I.—P reliminary . Short title 1. This Act may be cited as “ The Land Acts aconndstruction. Amendment Act of 1952,” and shall be read as one with * “ The Land Acts, 1910 to 1951, - herein referred to as the Principal Act. Collective The Principal Act and this Act may collectively title. be cited as “ The Land Acts, 1910 to 1952.” Parts of Act. 2. This Act is divided into Parts as follows :— P art I.—P reliminary ; P art II.—O ffer of N ew L eases to certain L essees of P astoral or G razing T enures . P art III.—R enewals of L eases of C ertain H oldings before the E xpiration of the T erm thereof ; P art IV. —C ultivated C rops for F odder upon H oldings for P astoral P urposes ; P art V.—A mendments of * “ T he L and A cts , 1910 to 1951.” * 1 G. 5 No. 15 and amending Acts.

1952. LAND. Land Acts Amendment Act. 255 P art II.— O ffer of N ew L eases to C ertain PO afrfter II o — f L essees of P astoral or G razing T enures . N ew L eases TO CERTAIN LESSEES OF 3. (1.) Where, on the advice of the Land o P ra G stroarzainlg Administration Board, the Minister is of the opinion T enures . that any holdings in any locality in the State have Declaration potentialities for closer settlement by the carrying on settlement thereon of any or all of the following, that is to say, areas- mixed farming, stock cropping or any other purpose of agriculture or horticulture then the Minister may, by notification published in the Gazette, declare (without specifying the holdings concerned) that locality to be a closer settlement area under and for the purposes of this Part of this Act. (2.) Such a notice shall define the locality thereby declared to be such a closer settlement area and may so define that locality by reference to Land Agent’s Districts, areas of Local Authorities, counties or parishes or in any other manner sufficiently identifying the same. (3.) In and for the purposes of this Part of this Act the term “ closer settlement area ” means a locality declared by the Minister, by notification published in the Gazette, to be a closer settlement area under and for the purposes of this Part of this Act. 4-. (1.) A lessee of a grazing selection or pastoral Application holding situated in a closer settlement area may at any ofofrleraesveieowf time when the term of the current lease thereof has grazing more than seven years to run make application in oserlepcatsiotonral writing to the Minister for consideration of his lease holding under this Part of this Act. situated in closer settlement Such an application may be made in respect of two or more grazing selections or pastoral holdings held by one and the same lessee and, in respect of such an application, this Part of this Act shall apply as if the whole of the land to which the application relates were comprised in one and the same lease. (2.) Upon receipt of an application as aforesaid the Minister shall refer the same to the Land Administration Board.

256 LAND. P art II — O ffer of N ew L eases Land Acts Amendment Act. 1 E liz . II. No. 51, TO CERTAIN L essees of P astoral or G razing T enures . 5. (1.) The Land Administration Board shall, in AWdhmeninLisatrnad­ ritespbeyctthoef Mevienriystera, ppclliacsastiifoyn aansd adfoersiegsnaidi, ntroefeprorretdiontos ttoiondeBsioganrd for closer settlement respectively as Agricultural grazing Selections, Settlement Farm Leases and Grazing spealsetcotrioanl or Selections the land comprised in the lease the subject holding into of the application according to the potentialities thereof cploorsteirons for for use for— settlement. (а) Farming, including the growing of crops for grain, dairying, fat-lamb raising, or any other agricultural or horticultural pursuits; (б) Stock raising by means of artificially cultivated or improved pasturage and either alone or in conjunction with farming; (c) Grass grazing, namely the grazing of stock on the grasses natural to land which has no other potential. (2.) The areas of portions into which the land comprised in a lease designed as aforesaid shall not exceed— (а) In the case of such a portion (hereinafter in this Part of this Act referred to as a “ designed Agricultural Selection ”) designed for closer settlement as an Agricultural Selection—two thousand five hundred and sixty acres ; (б) In the case of such a portion (hereinafter in this Part of this Act referred to as a “ designed Settlement Farm Lease ”) designed for closer settlement as a Settlement Farm Lease—four thousand five hundred acres notwithstanding that a lesser such area is prescribed under the Principal Act; and (c) In the case of such a portion (hereinafter in this Part of this Act referred to as a “ designed Grazing Selection ”) designed for closer settlement as a Grazing Selection— such area as the Land Administration Board deems to be a living area.

LAND. 257 -------------------------------------------------------------------------------------------------------------- ------------------ P ast II.— 1952. Land Acts Amendment Act. O ffer of new leases TO CERTAIN ----------------------------------------------------------------------------------------------------------------------------------------------------------------------LESSEES OF • • P astoral 6. (1.) Where, having regard to the classification ob ^ gbazihg as aforesaid of the land comprised in a lease, the Land^ ffer Administration Board has designed that land into ofntw°ieases three or more portions and of those portions— to b® made to lessee. (а) At least two are either designed Agricultural Selections or designed Settlement Farm Leases; or (б) At least one is a designed Agricultural Selection and another is a designed Settlement Farm Lease, the Minister may make to the lessee the offer set out in subsection two of this section. Except as permitted by the foregoing provisions of this subsection the Minister shall not make to a lessee such offer, and the Minister may, notwithstanding that he is so permitted, refuse to make such offer to a lessee. (2.) The offer authorised by subsection one of this section to be made by the Minister to the lessee shall be— That if the lessee will surrender to the Crown the subsisting lease in order that the whole of the land comprised therein may be opened for selection according to the portions thereof designed by the Land Administration Board then upon such surrender the land will be so opened and thereupon the lessee shall have priority over all other applicants for such two of those portions as may be mutually agreed upon between him and the Minister. 7. (1.) Where the Minister makes to a lessee the Lessee may offer set out in subsection two of section six of this acceptor Act, the lessee shall, within three months or such further refuse offer, time as the Minister may allow but not in any case exceeding six months after the date when the- offer is made, give to the Minister notice in writing of his acceptance or refusal of that offer. (2.) A lessee who fails to give notice as aforesaid shall be deemed to have refused the offer. (3.) Such an offer not accepted by notice in writing as aforesaid, given to the Minister within the time hereinbefore in this section specified, shall lapse. i

258 P art II.— 0FFBR qf new leases TO CERTAIN LAND. ------------------------------------------ ---------------------------------------------------------------------------------------------- Land Acts Amendment Act . 1 E liz . II. No. 51, P astoral or G razing T enures . (4.) The acceptance as aforesaid by a lessee of such an offer shall be irrevocable and shall be binding upon the lessee and his successors in- interest. (5.) A lessee who has accepted such an offer shall, when thereunto requested by the Minister, execute and lodge in the Department of Public Lands together with the instrument of lease, the surrender to the Crown of the lease in respect whereof such offer has been accepted by him. Such surrender shall be irrevocable and shall be binding on the lessee, his heirs, successors and assigns, but it shall not take effect until the day next preceding the date of commencement of the terms of the leases of the two portions designed as hereinbefore provided in this Part of this Act whereover the lessee has priority of application over all other persons on the opening thereof for selection. selection for 8. (1.) Upon the surrender of his subsisting lease closer by a lessee pursuant to an offer as aforesaid made by oHeasein ^he Minister, the land comprised in that lease shall be respect opened for selection according to the portions thereof lessee'hasf'6 designed by the Land Administration Board and that accepted the lessee shall have (under and in accordance with the offer. provisions of section seventy-two of *“ The Land Acts, 1910 to 1952,” as if that lease were an expired holding) priority of application over all other applicants in respect of such two of those portions as shallbe mutually agreed upon between him and the Minister excepting that he shall not have such priority in respect of two designed Agricultural Selections the aggregated areas whereof exceed two thousand five hundred and sixty acres. That lessee may exercise priority of application as aforesaid in respect of two designed Settlement Farm Leases notwithstanding any provision of the Principal Act limiting the area which any one person may hold as a Settlement Farm Lease or as Settlement Farm Leases. (2.) The portions into which a. lease is designed under and for the purpose of this Part of this Act remaining after the lessee has surrendered that lease and has been granted the prescribed priority shall be opened for selection for the purposes of closer settlement as if those remaining portions were vacant Crown land. * 1 G. 5 No. 15 and amending Acts.

LAND. 259 ------------------------------------------------------------------------------------------------------------------------ PAST II.— 1952. Land Acts Amendment Act. new F leases ____________________________________________________________________________________________ _ TO CERTAIN : L essees of 9. A selection comprising the land in a designed oragbazing Agricultural Selection or a designed Settlement Farm TENTOBS- Lease granted to a person in priority to all others under ^p^isona! and pursuant to the provisions of this Part of this Act residence shall be subject to a condition of personal residence— occupation. (a) For the first five years of the term of such lease in the case of a designed Agricultural Selection ; and (b) As prescribed by section 114 a of *“ The Land Acts, 1910 to 1952,” in the case of a designed Settlement Farm Lease, but the person so granted such selection in priority to all others shall not be bound to perform that condition: Provided that every such person so granted such a selection in priority to all others shall perform the condition of occupation under and in accordance with the requirements of section eighty-nine of *“ The Land Acts, 1910 to 1952.” 10. Upon the issue to a lessee of a lease granted to him in priority to all others pursuant to this Part of grease of this Act, that lessee shall not be debarred from ne^^d80 mortgaging or, provided be first obtains the consent j^suant to of the Minister, transferring or subletting the lease. the offer. 11. Where two or more leases respectively held Application by separate lessees in their own interests are worked ii . to by those lessees in conjunction, the one with the two or more other or others, those lessees may join in making an^£®din application under this Part of this Act in respect of conjunction those leases and, in respect to such an application this843 one' Part of this Act shall apply as if the whole of the land to which the application relates were comprised in one lease and those lessees held that one lease jointly and not separately. 12. Subject to the provisions of this Part of this Application Act all of the provisions of *“ The Land Acts, 1910 to <£and /cts> 1952,” relating to the opening for selection, selection, i9io to holding of, and dealing with Perpetual Lease Selections, 1962' Settlement Farm Leases and Grazing Selections shall apply with respect to a designed Agricultural Selection, a designed Settlement Farm Lease or, as the case may be, a designed Grazing Selection opened for selection, under and pursuant to the provisions of this Part of this Act, with priority of selection to one applicant over all others. * 1 G. 5 No. 15 and amending Acts.

260 LAND. P art III.— R enewals of L eases OF CERTAIN H oldings BEFORE THE E xpiration of the T erm THEREOF. Land Acts Amendment Act . 1 E liz . II. No. 51, P art III.—R enewals of L eases of C ertain H oldings BEFORE THE EXPIRATION OF THE TERM THEREOF. Application of Part III. 13. This Part III. of this Act Shall apply with respect of this Act. to pastoral holdings, preferential pastoral holdings, pastoral development leases and stud holdings, and accordingly, in this Part III. of this Act, the term “ pastoral holding ” means and includes, as well as a pastoral holding, any preferential pastoral holding, pastoral development lease, or stud holding. Application for new 14. (1.) A lessee of a pastoral holding or of two or lease of more> pastoral holdings in the same locality may at any phaosldtoinragl time during— before the expiration (a) The last of the rental periods into which the of the term of the current lease of that pastoral current lease thereof. holding is divided ; or (b) In the case of a lessee of two or more pastoral holdings, the last of the rental periods into which the term of the lease of any one of those pastoral holdings is divided, make application to the Minister for consideration, under, subject to and in accordance with the provisions of this Part III. of this Act, of the matter of the grant to him of a new lease or, as the case may be, leases of the pastoral holding or pastoral holdings in question in substitution for the then current lease or leases thereof. (2.) Every such application shall be in writing, be signed by the applicant, set out the name, area, situation and description of the pastoral holding or of the pastoral holdings respectively to which it relates, and contain or be accompanied by the following information and particulars, that is to say:— (а) The description and situation of all existing improvements upon the pastoral holding or pastoral holdings respectively to which the application relates and the approximate cost or estimated present value of any and every such improvement; (б) The description and intended situation of any improvements proposed to be made and the respective estimated cost of any and every such proposed improvement;

1952. LAND. 261 PART III — RENEWALS Land Acts Amendment Act , of L eases OF CERTAIN HOLDINGS BEFORE THE (c) The area of land, if any, comprised in the EXPIRATION of the T erm pastoral holding or in each pastoral holding THEREOF. respectively to which the application relates regarded by the applicant to be cultivable ; (d) The extent, stating the acreage, to which the applicant proposes to utilise any area of land specified in paragraph (c) of this subsection which he regards as cultivable for growing crops for fodder or for pasture improvement; (e) Particulars of the accommodation and amenities for employees provided by the applicant upon the pastoral holding or the pastoral holdings respectively to which the application relates ; (j) Particulars of any improvements of or additions to existing such accommodation or amenities for employees or of any new or additional such accommodation or amenities proposed to be made or provided by the applicant ; (g ) Whether, when completed, improvements and undertakings as proposed by the applicant will ensure the maximum of economic production from the pastoral holding or pastoral holdings to which the application relates ; (h) Whether or not the applicant is prepared to surrender any part or parts of the land comprised in the pastoral holding or pastoral holdings to which his application relates for the purpose of new settlement, or for such other purpose as the Minister may require ; ( i ) The carrying capacity as at the date of the application of the pastoral holding or of the pastoral holdings respectively to which it relates ; (j) An estimate of the extent to which the quality of, the carrying capacity of, and production from, the land comprised in the pastoral holding or pastoral holdings to which the application relates will be increased, or safeguarded, or increased and safeguarded by the carrying out of the proposed improvements and developmental works ;

262 P art III.— R enewals of L eases OF CERTAIN H oldings before the E xpiration of the T erm THEREOF. LAND. Land Acts Amendment Act . 1 E liz . II. No. 51, (k) Such other information and particulars as may be prescribed from time to time; and (l) Any other information or particulars deemed by the applicant to be relevant to the application. (3.) Upon receipt of an application as aforesaid the Minister shall refer the same to the Land Administration Board for investigation and report as hereinafter provided in this Part III. of this Act. Investiga­ tion by 15. (L) The Land Administration Board shall, in Land respect of every application as aforesaid referred to it tAiodnmBinoiastrrda. ­ by the Minister, investigate the following matters, that is to say :— (а) The suitability or otherwise of the pastoral holding or pastoral holdings to which the application relates for subdivision into living areas (as defined in *“ The Land Acts Amendment Act of 1927 ”) as individual units for any one or more of the following, that is to say, grazing, or agriculture, or grazing and agriculture, or horticulture and the potential number of those units into which the holding or holdings is or are capable of being subdivided; (б) The demand or lack of demand existing for land of the description comprised in the pastoral holding or pastoral holdings to which the application relates, and the prospects of those lands being properly used and adequately developed if subdivided and offered for public competition in individual units each comprising a living area as aforesaid ; (c) The monetary value of a new lease or leases of the whole or part of the land comprised in the pastoral holding or pastoral holdings to which the application relates ; and (d) Public interest including the needs of new settlement, the provision of permanent employment, and the increasing of the population of the locality or district in which * 18 G. 5 No. 17.

1952. LAND. 263 Land Acts Amendment Act . the pastoral holding or pastoral which the application relates holdings to is or are P art III.— R enewals op L eases op CERTAIN H oldings BEFORE THE E xpiration of the T erm THEREOF. situated. (2.) The said Board shall make to the Minister a report upon its investigations as aforesaid and shall make to the Minister such recommendations as it deems fit regarding the matters so investigated. (3.) The Minister in exercising, in respect of an application as aforesaid, the powers conferred upon him by this Part III. of this Act shall have regard to the report and recommendations of the said Board but he shall not be bound thereby. 16. (1.) The Minister may recommend to the Powers of Governor in Council that an application as aforesaid— Governor ( z a) v - B o e ref n used i ; or i a n nd Council ( b) Be granted either wholly or in part andMimster' either unconditionally or subject to conditions as specified in subsection three of this section, and the Governor in Council may, having regard to the recommendation of the Minister but without being bound thereby,— (a) Refuse the application ; or ( b) Grant the application wholly or in part and either unconditionally or subject to conditions as specified in subsection three of this section. (2.) The grant of an application as aforesaid shall not be recommended by the Minister unless and until he is satisfied by full and proper inquiry— (а) That the expenditure proposed to be incurred by the applicant lessee is sufficient to secure the full economic productivity of the land comprised in the pastoral holding or pastoral holdings to which the application relates or of so much of that land as is the subject of a recommendation for granting the application in part; (б) That the circumstances relating to the land the subject of the recommendation are such that its full use and proper development are more likely to be achieved under pastoral

264 P art III.— R enewals of L eases OF CERTAIN H oldings BEFORE THE E xpiration OF THE TERM THEREOF. LAND. Land Acts Amendment Act. 1 E liz . II. No. 51, lease tenure than under any other leasehold tenure under the laws relating to leasing of Crown lands ; (c) That the land the subject of the recommendation is not required for closer settlement; and (d) Generally that the application if granted according to the recommendation will promote public interest and foster the public estate. (3.) The object of this Part III. of this Act being to provide for the grant of a new pastoral lease in substitution for an existing such lease for the consideration that the lessee undertakes to complete within a specified time specified improvements and works calculated to increase production from the subject land, or to improve the accommodation and amenities for employees thereon, it is hereby declared that (notwithstanding anything contained in the Principal Act or in any other law relating to the leasing of Crown lands) an application as.aforesaid may be granted by the Governor in Council subject to such special conditions as he shall deem fit in respect of the improvement and development of the subject land, the cultivation of an area thereof for growing crops for fodder or for pasture improvement, the provision of accommodation, or amenities, or accommodation and amenities for employees thereon, rent, and the powers of resumption thereof without compensation by the Crown. (4.) As soon as may be after the Governor in Council has made a determination pursuant to the foregoing provisions of this section upon an application made under this Part III. of this Act for a new lease or new leases, the Minister shall cause to be given to the applicant notice, in writing, of that determination. Steps to be 17. (1.) A lessee of a pastoral holding or pastoral lessee upon holdings, whose application under this Part III. of this approval Act has been granted by the Governor in Council, wholly part of his*1* or in part, or the agent of that lessee, may notify the application Minister in writing that that lessee has elected to take lease. new advantage of that grant.

LAND. 265 P art III.— 1952. Land Acts Amendment Act. R enewals of L eases OF CERTAIN H oldings (2.) Notice in writing of election as aforesaid shall B E E x F p O ir R a E t T io H n E be given to the Minister within three months after the of TH th E e RE T O e F r . m date of the notification to the lessee in question of the determination of the Governor in Council granting his application either wholly or in part, or within such extended time longer than the aforesaid three months (but not exceeding six months in all) as the Minister may in his discretion allow in any particular case. (3.) Any and every notice of election as aforesaid received by the Minister within the time allowed for the giving thereof to him, shall be irrevocable and shall bind the lessee in question and his successors in interest. (4.) If a lessee fails to give to the Minister notice of election as aforesaid within the time allowed therefor, the determination in question by the Governor in Council shall be of none effect, and the existing lease or leases of the pastoral holding or pastoral holdings in respect of which that determination was made shall continue in force as if there had neither been an application under this Part III. of this Act in respect thereof nor a determination upon that application by the Governor in Council. 18. (1.) Upon duly electing to take advantage of a when new determination by the Governor in Council approving !ease t0 wholly or in part of his application for a new lease substitution or new leases of a pastoral holding or pastoral holdings jf^s®xistmg in substitution for the existing lease or leases therefor, ' a lessee shall surrender any and every such subsisting lease and thereupon a new lease or new leases shall be issued to that lessee in accordance with the determination of the Governor in Council. (2.) Every such new lease shall commence on the quarter day next ensuing after the lessee shall have surrendered the lease or leases the subject of the application under this Part of this Act, and shall be for such term not exceeding thirty years as shall have been fixed by the Governor in Council in his aforesaid determination. (3.) Every such new lease shall be issued (and shall be valid and effectual to convey to and vest in the lessee therein named, the land therein described for

266 LAND. PART III — R enewals of L eases Land Acts Amendment Act. 1 E liz . II. No. 51, OF CERTAIN H oldings E BE x F p O ir R a E t T io H n E the estate or interest therein stated) subject to such dfththeree T oefr . m reservations and conditions as are authorised or prescribed by the Principal Act and subject also— (i.) To such of the special conditions prescribed by subsection three of section sixteen of this Act as the Governor in Council shall have deemed fit to impose in his determination approving of the grant of the new lease ; and (ii.) To such terms, provisions and stipulations as the Minister shall deem necessary to impose for providing for, regulating and controlling the performance by the lessee of the special conditions referred to in paragraph (i.) of this subsection. tIinotne. rpreta­ be co1n9st.rTuehde sporoavsisniootnstoocfonthfeisr uPpaornt oanf ythleissseAecta cslhaaimll to be granted as of right any new lease of a pastoral holding. The powers and authorities of the Governor in Council and of the Minister respectively under this Part of this Act shall be discretionary and every determination made or purporting to be made in the exercise of any such power or authority by the Governor in Council shall be final and conclusive of the subject matter thereof. No lessee shall have any right or remedy whatsoever in law in respect of anything done or omitted to be done by the Governor in Council or the Minister in respect of the exercise of any power or authority under this Part III. of this Act or in respect of any failure or refusal by the Governor in Council or the Minister to exercise such a power or authority. Neither the Supreme Court, nor the Land Court, nor any other court or judicial tribunal whatsoever shall have jurisdiction to entertain any suit, action or other proceeding whatsoever for enforcing a right, remedy or claim alleged to be had by any person by virtue of any provision of this Part III. of this Act, or alleged to be had by any person by virtue of the manner in which the Governor in Council or the Minister has exercised any power or authority under this Part III. of this Act, or by virtue of the alleged refusal or failure of the Governor in Council or Minister to exercise any such power or authority.

LAND. 267 P art IV.— 1952. Land Acts Amendment Act. C ultivated C rops for F odder upon H oldings FOR P art IV.—C ultivated C rops eor F odder upon PP ausrtpoorsaels . H oldings eor P astoral P urposes . Cultivation] 20. (1.) In addition to any other conditions aS condition,j j prescribed by *“ The Land Acts, 1910 to 1952,” or by any other Act or law relating to the leasing of Crown lands subject to which the Minister may declare any Crown land open for lease as a pastoral holding, preferential pastoral holding, pastoral development lease or stud holding or for selection in any class of selection, the Minister may declare the Crown land in question so open to lease or, as the case may be, selection subject to a cultivation condition. (2) In addition to any conditions as prescribed by *“ The Land Acts, 1910 to 1952,” or by any other Act or law relating to the leasing of Crown lands subject to which the Minister may grant a new lease or an extension of the existing lease of any pastoral holding or grazing selection, the Minister may grant the new lease or extension of the existing lease in question subject to a cultivation condition. (3.) In this section the term “cultivation condition” means a condition requiring that a specified area of the land comprised in the holding or selection shall be cultivated for the production of fodder or other crops calculated to increase, or render more secure, or to both increase and render more secure the normal stock carrying capacity or productivity of the holding or selection. A cultivation condition may include provisions requiring the lessee or selector to do and take all such things and steps as in the opinion of the Minister are necessary to be done or taken to ensure the due performance of that condition. (4.) The Minister may, at his discretion, exempt, in writing, a lessee from complying with any of the require­ ments of a cultivation condition. Such an exemption may be limited in respect of time or otherwise as the Minister deems fit. The lessee or selector granted such an exemption shall nevertheless he hound to comply in all respects with the requirements of the cultivation condition except to the extent to which he is exempted from that compliance by the exemption. * 1 G. 5 No. 15 and amending Acts.

268 LAND. P art IV.— C ultivated C rops for Land Acts Amendment Act. 1 E liz . II. No. 51, F odder upon H oldings for P astoral 21. Notwithstanding anything contained in the P urposes . hEoxlidsitninggand oPrrinincipaanl yAcitn,sotrruimn eannty oofthleerasAectexopr rleaswsedor orur leimofplliaewd,, selection. the Minister may, pursuant to his powers under this Part of this Act and with the consent of the lessee or selector, subject the lease of any existing pastoral holding, preferential pastoral holding, pastoral development lease, stud holding, or the lease of any selection to a cultivation condition under and within the meaning of section twenty of this Act. Validation of cultivation condition imposed before the passing of this Act. 22. Where the Minister shall, before the passing of this Act, have subjected the lease of any holding or selection to a cultivation condition under and within the meaning of section twenty of this Act, that condition shall be valid and lawful as if this Act were in force when the Minister imposed that condition and the lessee or selector shall be, and it is hereby declared always was, bound thereby accordingly. Improve­ ments. 23. Any improvements effected on a holding in compliance with any provision or requirement of this Part of this Act shall be deemed to be an improvement for the purposes of sections one hundred and twenty-three, 123 a , one hundred and twenty-four and one hundred and fifty-five of the Principal Act. P art V.— A moefn “ dm T ehnets P art V.—A mendments op *“ T he L and A cts , 1910 TO 1951.” to 1951.” L and A cts , 1910 Amendment 24- Section three of the Principal Act is amended of s. 3 . by inserting therein, after the words “ D ivision V.— Unconditional Selections ”, the words “ D ivision VI.— Settlement Farm Leases ; ”. Amendments 25. Subsection four of section fourteen of the of s. 14 (4). prjncipa] Act is amended by repealing therein the words “ comprised in any license or lease or reserve under this Act whenever issued ”. Amendment 26. Subsection two of section forty of the Principal of s. 40 ( 2 ). Act is amended by adding thereto the following paragraph, namely:— “ (/) In the case of a preferential pastoral holding, that the lease shall be subject to a condition that the land shall be stocked to its reasonable carrying capacity with the lessee’s own sheep * 1 G. 5 No. 15 and amending Acts

1952. LAND. 269 Land Acts Amendment Act. P art V.— A mendments of “ T he L and A cts , 1910 to 1951.’* or, as the case may be, cattle within a specified period, not exceeding three years, and shall thereafter be used for legitimate wool growing or, as the case may be, cattle production purposes. The notification may, in respect of the condition specified in this paragraph (/) fix the period within which a commencement is to be made in stocking the land. Where a notification declares land open for preferential pastoral lease subject to the condition specified in this paragraph, every applicant shall furnish with, and as part of his application, a document in writing signed by him and verified by statutory declaration— (i.) Undertaking to fulfil that condition; and (ii.) Setting out his pastoral or land experience and the means by which he proposes to finance the holding, and, if he proposes to borrow moneys for financing the holding, the amount to be borrowed and the name and address of the bank, or person, from whom he proposes to so borrow. Where an applicant proposes to borrow as aforesaid, his application shall be accompanied by a statement in writing from the bank or person named as aforesaid by the applicant as the proposed lender acknowledging the correctness of information with respect to his proposal to borrow furnishedby the applicant.” 27. Section 40 d of the Principal Act is amended— Amendments of s. 40 d . (a) By inserting after subsection four thereof the following subsection, namely :— “ (5.) In the case of land opened for a„ preferential pastoral holding subject to a stocking condition as specified in paragraph (/) of subsection two of section forty of this Act, if the Commissioner is (for the reason that, in his opinion the statement furnished by the applicant setting out the means of financing the holding proposed by the applicant

270 LAND. P art V.— A mendments of “ T he L and A cts , 1910 to 1951.” Land Acts Amendment Act. 1 E liz . II. No. 51, is entirely inadequate and generally unsatisfactory) not satisfied that the application is made in good faith, the Commissioner may reject the application. An applicant whose application is so rejected, shall he excluded from any ballot to determine priority as between applicants whose applications for the preferential pastoral holding in question are simultaneous. The decision of the Commissioner to so reject an application shall, in relation to the land and the ballot in respect of which that decision is made, be final and conclusive.” (b) By renumbering subsection five thereof as subsection six. A of ms.en 4 d 3 m b . ent by re 2 n 8 u . mbSeercitniognth 4 a 3 t b seocftiothneasPrsiunbcsiepcatlioAncotnies oafmseecntdioend 43 b and by adding thereto as so renumbered the following subsections, namely :— “ (2.) Subject to the provisions of this Act respecting the mortgaging thereof, a pastoral holding, pastoral development lease or stud holding the lease whereof is subject to conditions requiring the lessee to effect specified improvements, or developmental works, or improvements and developmental works, or to a cultivation condition, shall not be capable of transfer or assignment, whether by operation of law or otherwise— (a) Unless and until the lessee shall have performed all of the aforesaid conditions by duly effecting all improvements and developmental works thereby specified in terms thereof; or (b) Except in the case of the death, mental illness, or bankruptcy of the lessee or except upon sale by a mortgagee exercising power of sale under this Act. (3.) In any case specified in paragraph (b) of subsection two of this section, the transferee or assignee shall be bound to perform, as if he were the original lessee, the conditions specified in subsection two of this section to the extent to which the performance of those conditions shall not have been completed when he becomes the lessee.”

LAND. 271 1952. Land Acts Amendment Act. P art v . A mendments of “ T he L and A cts , 1910 to 1951/’ 29. Section 43 d of the Principal Act is amended— . of s. 43 d * (a) By inserting, as the first and commencing subsection thereof, the following subsection, namely:— “ (1.) It shall not be lawful for the lessee of a preferential pastoral holding (except such a holding the first seven years of the term of the lease whereof has expired) to sublet the whole of that holding so long as the lease thereof continues to be subject to the condition of personal residence.” (b) By renumbering that section as subsection two thereof. (c) By inserting before the commencing words of subsection two thereof, as so renumbered by paragraph ( b) of this section, the words “ Subject to subsection one of this section ”. 30. Section fifty of the Principal Act is amended Amendmeut by inserting after subparagraph (e) of the first paragraph ofs- 60, thereof the following subsection, namely :— “ (/) Settlement Farm Leases.” 31. Section fifty-three of the Principal Act is Amendment amended by inserting after subparagraph ( d ) of theof s- 53- first paragraph thereof the following subparagraph, namely :— “(e) Two or more Settlement Farm Leases, the aggregate area of which exceeds three thousand eight hundred and forty acres.” 32. (1.) Subsection one of section fifty-four of the Amendment* Principal Act is amended by repealing paragraph (vi.)ofs-64- thereof and by inserting, in lieu of that repealed paragraph, the following paragraph, namely:— “ (vi.) In the case of Grazing Selections or Settlement Farm Leases—state the term of the lease, which for Grazing Homesteads, Grazing Farms, Development Grazing Homesteads and Development Grazing Farms may be any number of years not exceeding twenty-eight years ; and for Settlement Farm Leases may be any number of years not exceeding thirty-five years.”

272 LAND. P art V.— A mendments of “ T he L and A cts , 1910 to 1951.” Land Acts Amendment Act. Amgnrw.T^. (2.) Subsection two of section of s. 54 ( 2 ). Principal Act is amended— 1 E liz . II. No. 51, fifty-four of the (a) By repealing in paragraph (ivB.) of the said subsection two the words “ suitable for sheep (b) By inserting after the words “ own sheep1’, where those words appear in subparagraph ( a ) of the said paragraph (ivB.), the words “ or, as the case may be, cattle (c) By inserting after the words “ legitimate wool-growing,” where those words appear in the said subparagraph (a), the words “ or, as the case may be, cattle production ( d ) By repealing paragraph (ivE.) of the said subsection two and by inserting, in lieu of that repealed paragraph, the following paragraph, namely :— “ (ivE.) In the case of Grazing Selections—limit the right of application for any specified portion or portions comprised in the notification to eligible persons as defined in paragraph (a) of the definition “ eligible person ” in section three of *“ The War Service Land Settlement Acts, 1946 to 1951 Amendments 33. Section fifty-five of the Principal Act is ofs-55- amended— (i.) By repealing subsection one thereof and by inserting, in lieu of that repealed subsection, the following subsection, namely :— Group selections 1897 ss. 162 p and 162 t . “ (1.) Land may be declared open for selection as— (а) Agricultural Farms ; or (б) Perpetual Lease Selections; or (c) Settlement Farm Leases, by such of the members as shall be approved for settlement of the group of settlers specified in the notification declaring the land open for selection. Such selections are in this Act referred to as Group Selections: Provided that on and from the date of the enactment of this subsection, land shall not be declared open for Group Selection as Agricultural Farms.” * 10 G. 6 No. 23 and amending Acts.

LAND. 273 --------------------------------------------------------------------------------------------------------------- P aet V.— 1952. “----- --- --------- Land Acts Amendment Act. A of N“ the TS L and A cts . 1910 to 1951.” (ii.) By repealing subsection four thereof and by inserting, in lieu of that repealed subsection, the following subsection, namely :— “ (4.) (a) Before any portion of land is notified to be open for Group Selection the Minister shall cause to be determined by lot the member approved for settlement of the group who, in respect of that portion, shall be allotted priority of selection, and that member shall be deemed to be allotted such priority accordingly. ( b ) At such time after the allotment of priority of selection of any portion to an applicant approved for settlement as a member of a group as the Minister may determine, he may enter upon the portion for the purpose of effecting improvements or maintaining existing improvements. (c) Within three months from the date of allotment of priority of selection of any portion to such an applicant he shall commence bond fide personal residence on the portion and shall thereafter continue such residence in a bond fide manner. He shall commence to improve the portion forthwith upon so entering into personal residence thereon and thereafter shall progress in improving the same to the satisfaction of the Minister, and shall, unless excused by the Minister, maintain in good order and condition all improvements on the portion, whether effected by him or subsisting thereon when he entered into personal residence as aforesaid. (d) If a member approved for settlement of a group to whom priority of selection of a portion has been allotted fails to enter into or to continue personal residence on that portion, or fails to improve that portion or to maintain improvements thereon in compliance with the requirements of this subsection, the Minister, notwithstanding that a license to occupy that portion has not issued to him, may, by notice in writing, call upon him to show cause to the satisfaction of the Minister, within a time to be specified in the notice, why the priority of selection of that portion allotted to him should not be cancelled and his rights and interests (if any) in respect of that portion should not be forfeited. If, within the time specified in such a notice, the member thereunto required by the notice fails to show cause to the satisfaction of the Minister for any failure

274 LAND. P art V.— "KTS L ard A cts , 1910 to 1951.’* : — Land Acts Amendment Act. 1 E liz . II. No. 51, or failures as aforesaid, the Minister may cancel the priority of selection of the portion in question allotted to him and thereupon and thereby his rights and interests (if any) in respect of that portion shall be forfeited. (e) Subject to the provisions of paragraphs (c) and (d) of this subsection, at any time after the expiration of a period of six months from the date when a member approved for settlement of a group has been allotted priority of selection of a portion, that portion may be notified to be open for selection as a Perpetual Lease Selection or Settlement Farm Lease with priority of application to that member. Within one month of the date of opening or within such further period as the Minister may allow that member shall complete his application to select the portion, and if he fails to do so the Minister may cancel his priority of selection of the portion and his rights and interests (if any) in respect of the portion shall thereupon and thereby be forfeited without any further notice or process.” Amendment* 34. Section fifty-six of the Principal Act is of8-66' amended— (i.) By repealing paragraphs (c) and (d) thereof; (ii.) By re-lettering paragraphs (e) and (/) thereof as respectively paragraphs (c) and (d) of the said section fifty-six ; (iii.) By repealing paragraphs (g) and ( h ) thereof; (iv.) By inserting after paragraph (d) thereof, as previously so re-lettered by this section, the following paragraphs, namely :— “ ( e ) Settlement Farm Leases, three thousand eight hundred and forty acres; (/) Group Selections— Perpetual Lease Selections, two thousand five hundred and sixty acres ; Settlement Farm Leases, three thousand eight hundred and forty acres.” Amendment 35. Section sixty of the Principal Act is amended by of s. 60. inserting after the words “ Grazing Homestead ”, where those words appear in the fifth paragraph of (being the proviso to) that section, the words “ or of a Settlement Farm Lease ”.

LAND. 275 1952. Land Acts Amendment Act. P art v .— A mendments of “ T he L and A cts , 1910 TO 1951.” 36. Section 60 a of the Principal Act is amended by Amendment inserting after the words “ Grazing Homestead ”, where °f s- 60a . those words appear in the sixth paragraph of (being the proviso to) that section, the words “or of a Settlement Farm Lease 37. Subsection six of section sixty-nine of the Amendment Principal Act is amended by repealing the third andof s> 69 fourth paragraphs thereof (being the two provisoes thereto). 38. Section seventy-two of the Principal Act is Amendment amended— of s‘ 72- (i.) By inserting after the words “ Grazing Selection ”, where those words first appear in the first paragraph thereof, the words “ or Settlement Farm Lease ” ; (ii.) By inserting, after the words “ Grazing Selection ”, where those words appear in the first proviso thereto (being the second paragraph thereof), the words “ or Settlement Farm Lease ” ; (iii.) By inserting, after the words “ Grazing Selections ”, where those words appear in the seventh paragraph (being the paragraph commencing with the words “ Where the land”) thereof, the words “or Settlement Farm Leases ”. 39. Subsection one of section seventy-nine of the Amendment Principal Act is amended by inserting therein after theofs- 79 d)* words “ Grazing Selections ” the words “ or Settlement Farm Leases ”. 40. Section eighty-six of the Principal Act is Amendment amended— of s- 86- (i.) By inserting in the second paragraph thereof, after the words “ Grazing Homesteads ”, the words “ or, as the case may be, Settlement Farm Leases ” ; (ii.) By inserting in the last paragraph thereof (being the final proviso thereto) after the words “ Grazing Homestead ”, the words “or of a Settlement Farm Lease ”.

* 276 LAND. P ast V.— A mendments of “ T he L and A cts , 1910 to 1951.” Land Acts Amendment Act. 1 E liz . II. No. 51, Amendment 41. Subsection one of section ninety-four of the of s. 94 (1). Principal Act is amended by inserting therein after the words “ Grazing Homestead ”, the words “ or of a Settlement Farm Lease ”. New 42. The following headnote and section are inserted aDnivdissieocntion after section one hundred and fourteen of the Principal inserted. Act, namely :— “ D ivision VI .—Settlement Farm Leases, [ 114 a . ] (7.) Upon the receipt by the Minister of a certificate that a Settlement Farm Lease has been fenced as prescribed the selector shall be entitled to a lease. (2.) The term shall be the notified term. When the term of a Settlement Farm Lease exceeds seven years the term shall be divided into periods and the last period 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 seven years. (3.) The annual rent reserved shall be, during the first period, the notified rent. The rent for the second and each succeeding period shall be determined by the Court. (4.) The lease of a Settlement Farm Lease shall be subject to the condition of personal residence during the first period of the term thereof, that is to say the selector shall, in respect of the lease, be bound to perform in compliance with the requirements of section eighty-six of this Act the condition of personal residence defined in that section during and, unless he shall sooner transfer the lease, until the expiration of the first seven years of the term thereof. Subject to the selector continuing to hold the lease, the condition of personal residence shall cease to apply at the expiration of the first period thereof, but that condition shall again apply as hereinafter provided in this subsection when and so often as the lease is sold. When and so often as a Settlement Farm Lease is sold, whether by the selector or by a subsequent holder thereof, the transferee shall, in respect of the lease, be bound to perform in compliance with the requirements

LAND. 277 1952. Land Acts Amendment Act. P ast V.— A mendments of “ T he L and A cts , 1910 to 1951.” of section eighty-six of this Act the condition ofpersonal residence defined in that section during and (unless he shall sooner dispose of the lease or the term thereof shall sooner expire) until the expiration of the period of five years commencing on the date when the transfer of the selection to him is registered. During any period of the term of a Settlement Farm Lease when the condition of personal residence does not apply in respect of the lessee for the time being thereof, the condition of occupation as defined in section eighty- nine of this Act shall apply in respect of that lease and the lessee for the time being thereof. (5.) The lessee shall keep the land fenced with a good and substantial fence during the term of the lease. The fence shall be either marsupial-proof or both rabbit-proof and marsupial-proof in all cases where such condition is imposed by this Act: Provided that any fence which is necessary and sufficient to satisfy the prescribed conditions of improvement shall, if maintained, be sufficient to satisfy this condition.” 43. Subsection one of section one hundred and Amendment twenty-one of the Principal Act is amended by inserting 0 8' ' after the words “ Registrar of Joint Stock Companies in Queensland ” where those words appear in the third subparagraph (being the subparagraph commencing with the words “ Provided that ”) of paragraph (i.) thereof, the words “ or body corporate created by an Act of the Parliament of the Commonwealth or of this State with power to take, acquire, purchase and hold land or any estate or interest in land ”. 44. Subsection one of section one hundred and Amendment twenty-five of the Principal Act is amended— of 8‘125 (i.) By inserting after the words “ Pastoral Holding or Grazing Selection ” therein, the words “ or Settlement Farm Lease ”. (ii.) By adding thereto the following proviso, namely :— “ Provided further that, in determining the rent of a Settlement Farm Lease, regard shall also be had to the quality and fitness of any part of the land comprised therein for agricultural or horticultural purposes.”

278 LAND. P art V.— A mendments op " T he L and A cts , 1910 to 1951.” Land Acts Amendment Act . 1 E liz . II. No. 51, 1952. Amendment 45. Section one hundred and fifty-four of the of s. 154. Principal Act is amended— (i.) By inserting after the words “Grazing Selection ” where those words appear in subsection one thereof, the words “ or Settlement Farm Lease ” ; (ii.) By inserting after the words “ Grazing Selection ” where those words appear in subsection (1 a .) thereof, the words “ or Settlement Farm Lease Aofms.en1d55m(e1n) . t fifty- 4 fi 6 ve . SofubthseectPiornincoipnael oAfctseicstiaomnenodneed hbuyndinresedrtianngd, after the words “ Grazing Selection ” where those words twice appear therein, the words “ or Settlement Farm Lease oAfms. en1d9m7.ent Princ 4 ip 7 a . l SAeccttionis onaemehnudneddredbyanrdepneianleintyg-setvheen soefcotnhde paragraph thereof and by inserting, in lieu of that repealed paragraph, the following paragraph, namely :— “ Where any land proposed to be acquired or granted by the Crown by way of exchange as aforesaid is improved the value thereof for the purposes of the exchange shall be the improved value and in every case of an exchange as aforesaid the Court shall determine the respective values of the lands the subject of the exchange.” Amendment 48. Section ten of *“ The Land Acts Amendment o25f sG. e1o0. oVf. Act of 1927,” is amended by adding to the fourth No. 31. paragraph of (being the third proviso to) that section, the following words “In no case shall a transfer to which the provisions of this proviso apply be capable of being effected during the first five years of the term of the lease of the additional priority area in question except in the case of the death, mental illness or bankruptcy of the lessee or selector or except upon sale by a mortgagee exercising power of sale under the Principal Act ”. * 18 G. 5 No. 17.