Land Acts Amendment Act of 1962 (11 Eliz Ii No. 11) (Qld)

792 ANNO UNDECIMO . E . L .. I . Z .. A .. B . E .. T .. H .. A .. E ... S .. E .. C .. U .. N .. D .. A .. E .... R .. E . G .. I . N .. A .. E . ' No. 11 An Act to Amend "The Land Acts, 1910 to 1961," "The Land Acts and Other Acts Amendment Act of 1957," and "The Land Acts and Other Acts Amendment Act of 1959," each in certain particulars [AsSENTED TO 27TH MARCH, 1962] B E it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- PART I-PRELIMINARY Short title I. This Act may be cited as "The Land Acts Amendment Act of 1962." Operation of certain 2. (1) The right of appeal to the Land Appeal provisions Court against determinations of the Land Court of this Act constituted by one member thereof given by subsection (2) of section five and subsection (3) of section eleven of "The Land Acts and Other Acts Amendment Act of 1957," as amended by this Act, and by subsection (2) of section twenty-three and subsection (2) of section twenty-six of "The Land Acts and Other Acts Amendment Act of 1959,"

1962 Land Acts Amendment Act as amended by this Act, shall lie in respect of every determination of a matter to which the said sections five, eleven, twenty-three or twenty-six apply made by the Land Court constituted by one member thereof on or after the date of the passing of this Act, irrespective of whether the application to which the determination relates was made by the selector or lessee concerned before, on or after the date of the passing of this Act. Such right of appeal shall not lie in respect of any determination made before the date of the passing of this Act by the Land Court constituted by one member thereof under the provisions of the said sections five, eleven, twenty-three or twenty-six as in force prior to the passing of this Act. (2) The right, pursuant to the amendments made by this Act to Parts II and III of " The Land Acts and Other Acts Amendment Act of 1957," and to Part V of "The Land Acts and Other Acts Amendment Act of 1959," of a selector or lessee who has made an application under the said Parts II, III or V, and who elects as prescribed to proceed with his application, to inform the Minister when he so elects that he desires the new tenure the subject of his application (being, in the case of an application under the said Part V, the new tenure specified in the notice of election) to commence on the quarter day next following the date when the Land Court or, upon appeal thereto, the Land Appeal Court, determined the unimproved value of the land the subject of the application (and, in the case of an application under the said Part V, the value of the commercial timber, if any, on such land) shall lie in every case where such determination is made by the Land Court or the Land Appeal Court on or after the date of the passing of this Act, irrespective of whether the application was made by the selector or lessee concerned before, on or after the date of the passing of this Act. Such right shall not lie in any case where, in respect of any application made before the date of the passing of this Act, the Land Court constituted by one member thereof determined the unimproved value of the land the subject of the application (and, in the case of an application under the said Part V, the value of the commercial timber, if any, on such land) before the date of the passing of this Act. 793

794 Land Acts Amendment Act 11 ELIZ. II. No. 11, t o n f t ~ er G p e p ~ t - a 2 v 5 1. twent 3 y . -fi ( v 1 e ) Eoxfce"p T t h a e s p V r a e l s u c a r t i i b o e n d o b f y L t a hi n s d se A c c t t i s o , n, 1 s 9 e 4 c 4 tio to n No. 3 1959," does not apply, and it is hereby declared never has applied, to the expression " unimproved value " where appearing in any provision of- (a) " The Land Acts, 1910 to 1962 "; (b) "The Land Acts Amendment Act of 1952 "; (c) "The Land Acts and Other Acts Amendment Act of 1957 "; or (d) " The Land Acts and Other Acts Amendment Act of 1959." (2) This section does not apply to the proceedings in the Full Court of the Supreme Court of Queensland in respect of the decision of the Land Court upon the matters referred to it by the Minister for Public Lands and Irrigation under sections twenty-three and twenty-six of Part V of" The Land Acts and Other Acts Amendment Act of 1959," in the case of the applications made under the said Part V in respect of Settlement Farm Lease No. 3558 and Grazing Homestead No. 3559, both in the Goondiwindi Land Agent's District, or to any appeal against the decision of the said Full Court which may be instituted by any party to such proceedings. In such proceedings or in any such appeal the question whether or not the expression " unimproved value", where appearing in any of the provisions of the said Part V, is a reference to which section twenty-five of" The Valuation of Land Acts, 1944 to 1959," applies shall be determined as if this section had not been enacted. (3) Where the question whether or not the expression " unimproved value ", where appearing in any Act other than the Acts specified in subsection (1) of this section, is a reference to which section twenty-five of "The Valuation of Land Acts, 1944 to 1959," applies is in issue in any proceedings before any Court or judicial tribunal, the Court or tribunal shall determine that question as if this section had not been enacted. (4) This section applies so as not to affect the application of section twenty-five of" The Valuation of Land Acts, 1944 to 1959," to the Acts specified in paragraphs (a), (b), (c) and (d) thereof.

1962 Land Acts Amendment Act 795 4. This Act is divided into Parts as follows :- Parts of Act PART I-PRELIMINARY; PART II-AMENDMENTS OF " THE LAND Acrs, 1910 TO 1961 " ; p ART III-AMENDMENTS OF " THE LAND ACTS AND OTHER ACTS AMENDMENT ACT OF 1957 " ; PART IV--AMENDMENTS OF "THE LAND ACTS AND OTHER ACTS AMENDMENT ACT OF 1959." PART II-AMENDMENTS OF "THE LAND ACTS, 1910 TO 1961 " with 5 " . T ( h 1 e ) L T a h n is d P A a c r t t s, II 1 o 91 f 0 th t i o s A 19 c 6 t 1 s . h " all be read as one I P tino a tn r e t rop II rfetthai- s of th(i2s)A " c T t h m e a L y a b n e d c A o c ll r e s c , ti 1 v 9 e 1 l 0 y t c o ite 1 d 96 a 1 s ," " a T n h d e t L h a is nd Pa A r c t t I s I , Ctitolellective 1910 to 1962." Land 6 A . c S ts e , ct 1 i 9 o 1 n 0 o to ne 19 h 6 u 1 n ," driesdamaennddeedigbhyty- aodndeingofth"er T e h to e oA1fmGs ee . on1. d8m1Ve. onft the following subsection:- No.15 " (3) A body corporate constituted by, under or pursuant to any Act or Commonwealth Act with power to take, compulsorily or otherwise, and hold land, or any estate or interest in land, for any purpose may be appointed trustee of land either by grant in trust or reservation from sale or lease (it being hereby declared that in every such case the land in question may be granted in trust or reserved as if it were required for a public purpose)." eighty7- . fivSeubosfe" ct T io h n e L ( a l) nd o A f cts s , ec 1 t 9 i 1 o 0 n to o 1 n 9 e 61 h ," unisdaremdenadnedd Aooffms1e. Gn1d8em5o. e( 1nV) t. by adding thereto the following proviso:- No.15 " Provided that the trustees of land granted in trust for a public purpose may, with the prior approval of the Governor in Council, transfer the estate or interest of the trustees in the land to a Local Authority or other body corporate constituted by, under or pursuant to any Act or Commonwealth Act, and stamp duty under "The Stamp Acts, 1894 to 1961," shall not be payable in respect of any such transaction."

196 Land Acts Amendment Act 11 ELIZ. II. No. 11, Amendments 8. Subsection (1) of section one hundred and Nooffos1. . G 1 1 s 9e8o. (1 V ) . namineenty d - ee d ig b hyt - of " The Land Acts, 1910 to 1961," is (a) inserting after the word "Commissioner" the words " or contrary to any of the terms and conditions of a permit granted under this section" ; and (b) omitting the words " in any manner contrary to the terms of such permit". PART III-AMENDMENTS OF " THE LAND ACTS AND OTHER ACTS AMENDMENT ACT OF 1957" Interpre- 9. This Part III of this Act shall be read as one with t ta h t i i s o P n a o rt f III "The Land Acts and Other Acts Amendment Act of 1957," as heretofore amended. Any reference in this Act to "The Land Acts and Other Acts Amendment Act of 1957," shall be deemed a reference to that Act as heretofore amended. Amendments I 0. Section five of " The Land Acts and Other Acts 6ofEsl.iz s . oIIf. Amendment Act of 1957," is amended by- No. 36 (a) inserting in subsection (1), before the words " In every case ", the words " Subject to this Act "; and (b) omitting subsection (2) and inserting in its stead the following subsection:- " (2) The Court shall, in the first instance, be constituted by one member thereof for the purpose of the hearing and determination, pursuant to subsection (1) of this section, of the matter of the amount of the unimproved value of any selection. If aggrieved by the decision of the Court, the Crown or the selector may appeal to the Land Appeal Court." Amendments 11. Section six of " The Land Acts and Other Acts 6orEsl.iz 6 . oIIr. Amendment Act of 1957," is amended by- No. 36 (a) omitting subsections (1) and (2) and inserting in their stead the following subsections :- " (J) The selector shall, within three months from the date of the determination by the Court or, upon appeal thereto, the Land Appeal Court, of the amount of the unimproved value of his selection, notify the

1962 Land Acts Amendment Act 797 Minister in writing whether he elects to proceed with his application to have the tenure of his selection converted to an Agricultural Farm. (2) Every such application shall lapse at the expiration of three months after the date of the aforementioned determination by the Court or, upon appeal thereto, the Land Appeal Court, unless the selector has sooner notified the Minister in writing that he elects to proceed therewith. (3) Where a selector allows his application to lapse, any further application under this Part of this Act made by such selector with respect to the same selection may be rejected by the Minister. (4) Upon an application lapsing the determination by the Court or, upon appeal thereto, the Land Appeal Court, pursuant to section five of this Act, of the unimproved value of the selection concerned shall cease to have force or effect for any purpose whatsoever." ; (b) renumbering subsections (3) and (4) to be subsections (5) and (6) respectively ; and (c) in subsection (6), as so renumbered by paragraph (b) of this section, omitting the words " subsection three ", wherever appearing, and inserting in their stead, wheresoever repealed, the word, numeral and brackets "subsection (5) ''. t~: 12. Section seven of "The La,nd Acts and Other Amendment Acts Amendment Act of 1957," is amended by adding to Yf paragraph (b) the words "unless, by notice in writing No. 36 · contained in or accompanying the notice of election to proceed with the application to have the tenure of the selection converted to an Agricultural Farm, the selector informs the Minister that he desires the term of the new tenure to commence on the quarter day next following the date when the Court or, upon appeal thereto, the Land Appeal Court, determined the unimproved value of the land comprised in the selection, in which case the term of the new tenure shall commence on such later quarter day ". 13. Section eleven of "The Land Acts and Other Amendments Acts Amendment Act of 1957," is amended by- tJiJ.\Lf (a) inserting in subsection (2), before the words No. 36 " In every case ", the words " Subject to this Act "; and

798 Land Acts Amendment Act 11 ELIZ. II. No. 11, (b) omitting subsection (3) and inserting in its stead the following subsection:- " (3) The Court shall, in the first instance, be constituted by one member thereof for the purpose of the hearing and determination, pursuant to subsection (2) of this section, of the matter of the amount of the unimproved value of the land comprised in any lease. If aggrieved by the decision of the Court, the Crown or the lessee may appeal to the Land Appeal Court." o A 6 f m E s l . e iz n1 . d2 I m I o . e f nts Acts 1 A 4 m . en S d e m ct e io n n t A tw ct el o v f e19o5f7" ," T i h s e am La en n d d ed Ac b ts y a - nd Other No. 36 (a) omitting subsections (1) and (2) and inserting in their stead the following subsections :- " (J) The lessee shall, within three months from the date of the determination by the Court or, upon appeal thereto, the Land Appeal Court, of the amount of the unimproved value of the land comprised in his lease, notify the Minister in writing whether he elects to proceed with his application to have the lease deemed a lease for a term of ten years. (2) Every such application shall lapse at the expiration of three months after the date of the aforementioned determination by the Court or, upon appeal thereto, the Land Appeal Court, unless the lessee has sooner notified the Minister in writing that he elects to proceed therewith. (3) Where a lessee allows his application to lapse, any further application under this Part of this Act made by such lessee with respect to the same lease may be rejected by the Minister. (4) Upon an application lapsing the determination by the Court or, upon appeal thereto, the Land Appeal Court, pursuant to section eleven of this Act, of the unimproved value of the land concerned shall cease to have force or effect for any purpose whatsoever." ; (b) renumbering subsection (3) as subsection (5) ; (c) inserting in paragraph (a) of subsection (5), as so renumbered by paragraph (b) of this section, after the words " this Act ", the words " unless, by notice in writing contained in or accompanying the notice of

1962 Land Acts Amendment Act election to proceed with the application to have the lease deemed a lease for a term of ten years, the lessee informs the Minister that he desires the lease of the land for a term of ten years to commence on the quarter day next following the date when the Court or, upon appeal thereto, the Land Appeal Court, determined the unimproved value of the land comprised in the lease, in which case the term of ten years of such lease shall commence on such later quarter day "; and (d) renumbering subsection (4) as subsection (6). 799 15. Section thirteen of" The La,nd Acts and Other Amendments Acts Amendment Act of 1957," is amended by- tJiil.\f.f (a) adding to paragraph (b) the words "or, where No. 36 the lessee has duly informed the Minister that he desires the lease to commence on the quarter day next following the date when the Court or, upon appeal thereto, the Land Appeal Court, determined the unimproved value of the land comprised in the lease, on such later quarter day" ; (b) adding to paragraph (e) the words "but moneys so paid in respect of any time after the commencement of such term shall be credited to the purchasing price " ; (c) omitting paragraph(/) ; and (d) relettering paragraph (g) to be paragraph (/) and, in that paragraph as so relettered, omitting the letter and brackets "(/)" and inserting in their stead the letter and brackets " ( e) ". t 16. Section fourteen of " The La,nd Acts and Other Amendments Acts Amendment Act of 1957," is amended by- tJiJ. 41 (a) in subsection (1)- No. 36 (i) inserting after the word " Court " the words "or, upon appeal thereto, the Land Appeal Court " ; and (ii) omitting the letter and brackets " (f) ", where appearing in the proviso, and mserting in their stead the letter and brackets " ( e) " ; and (b) in subsection (4) inserting after the word " Court " the words " or, upon appeal thereto, the Land Appeal Court".

800 Land Acts Amendment Act 11 ELIZ. II. No. 11, Interpre- tation of this Part IV PART IV-AMENDMENTS OF "THE LAND ACTS AND OTHER Acrs AMENDMENT AcT OF 1959 " 1 7. This Part IV of this Act shall be read as one with " The Land Acts and Other Acts Amendment Act of 1959," as heretofore amended. Any reference in this Act to " The Land Acts and Other Acts Amendment Act of 1959," shall be deemed a reference to that Act as heretofore amended. Amendments 18. Section twenty-three of "The Land Acts and o8fEsl. iz2. 3IIo.f Other Acts Amendment Act of 1959," is amended by- No.45 (a) inserting in subsection (1), before the words " In every such case ", the words " Subject to this Act "; and (b) omitting subsection (2) and inserting in its stead the following subsection:- " (2) The Court shall, in the first instance, be constituted by one member thereof for the purpose of the hearing and determination of the matters referred to it under subsection (1) of this section. If aggrieved by the decision of the Court the Crown or the lessee may appeal to the Land Appeal Court." A8ofmEsl.eizn2.d4ImIo.efnts Other 19 A . ct S s e A c m tio e n ndm tw e e n n t t A y- c f t o o ur f 1o9f59"," T i h s e am La en n d d ed Ac b ts y- and No.45 (a) omitting subsections (1) and (2) and inserting in their stead the following subsections :- " (J) The lessee shall, within three months from the date of the determination by the Court or, upon appeal thereto, the Land Appeal Court, of the amount of the unimproved value of the land comprised in his Settlement Farm Lease, and the amount of the value of the commercial timber, if any, thereon, notify the Minister in writing whether he elects to proceed with his application to have the tenure of his Settlement Farm Lease converted to freeholding tenure (Agricultural Farm) or perpetual lease selection, and shall specify which of these two tenures he elects to take. (2) Every such application shall lapse at the expiration of three months after the date of the aforementioned determination by the Court or, upon appeal thereto, the Land Appeal Court, unless the lessee has sooner notified the Minister in writing that he elects to proceed therewith.

1962 Land Acts Amendment Act 801 ( 3) Where a lessee allows his application to lapse, any further application under this Part of this Act made by such lessee with respect to the same selection may be rejected by the Minister. (4) Upon an application lapsing, the determination by the Court or, upon appeal thereto, the Land Appeal Court, pursuant to section twenty-three of this Act, of the unimproved value of the land comprised in the selection concerned, and of the value of the commercial timber, if any, thereon, shall cease to have force or effect for any purpose whatsoever."; and (b) renumbering subsection (3) to be subsection (5). 20. Section twenty-six of" . The Land Acts and Other oAfms. en2d6moefnts Acts Amendment Act of 1959," 1s amended by- s Eliz. n. (a) omitting the last paragraph of subsection (2), No. 45 being the paragraph commencing with the words " The jurisdiction of the Court ", and inserting in its stead the following paragraphs :- " The Court shall, in the first instance, be constituted by one member thereof for the purpose of the hearing and determination of such matters. If aggrieved by the decision of the Court, the Crown or the lessee may appeal to the Land Appeal Court. The provisions of subsection (3) of section twenty- three of this Act shall apply with respect to any hearing and determination under the provisions of this section of the matter specified in subparagraph {i) of the first paragraph of this subsection "; and (b) in subsection (3) inserting after the word " Court ", where that word appears twice, the words " or, upon appeal thereto, the Land Appeal Court ". Othe 2 r 1 A . c S ts ec A ti m on en t d w m e e n n ty t -s A e c v t en of of 19 " 5 T 9 h ," e i L s a a n m d e A n c d t e s d a b n y d t A J me i} nd 71 m f. e f nt adding to paragraph (c) the words "unless, by notice in No. 45 writing contained in or accompanying the notice of election to proceed with the application and specifying that the election is to take the freeholding (Agricultural Farm) tenure, the lessee informs the Minister that he desires the term of the new tenure to commence on the quarter day next following the date when the Court or, upon appeal thereto, the Land Appeal Court, determined

802 Land Acts Amendment Act 11 ELIZ. II. No. 11, the unimproved value of the land comprised in the selection, in which case the term of the new tenure shall commence on such later quarter day ". 8 A of m E s l e . iz n 2. d 8I m I o e f nt Other 22 A . ct S s ec A ti m on end tw m e e n n t t y- A ei c g t ht o o f f19 " 5 T 9 h ," e i L s an am d e A n c d t e s d a b n y d No.45 adding to paragraph (c) the words "unless, by notice in writing contained in or accompanying the notice of election to proceed with the application and specifying that the election is to take the Perpetual Lease selection tenure, the lessee informs the Minister that he desires the term of the new tenure to commence on the quarter day next following the date when the Court or, upon appeal thereto, the Land Appeal Court determined the unimproved value of the land comprised in the selection, in which case the term of the new tenure shall commence on such later quarter day ". o A 8 f m E s l e . iz n 3 . d 1 I m o I. e f nt Other 23 A . c S ts ec A ti m on end th m i e rt n y t -o A n c e t o o f f 1"9 T 5 h 9 e ," L is an a d me A n c d t e s d a b n y d No.45 inserting after the word " Court " the words " or, upon appeal thereto, the Land Appeal Court ".