Land Acts Amendment Act of 1964 (Qld)

520 oueensIBnd ANNO TERTIO DECIMO ELIZABETHAE SECUNDAE REGINAE No. 49 of 1964 An Act to Amend "The Land Acts, 1962 to 1963," in certain particulars [ASSENTED TO 10TH DECEMBER, 1964] BE 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:- 1. (1) Short title . This Act may be cited as " The Land Acts Amendment Act of 1964." (2) Principal Act. " The Land Acts, 1962 to 1963," are in this Act referred to as the Principal Act. (3) Collective title . The Principal Act and this Act may be collectively cited as " The Lard Acts. 1962 to 1964."

Land Acts Amendment Act of 1964, No. 49 521 2. Amendments of s. 5 . Section five of the Principal Act is amended by- (a) in the definition " Department " omitting the word " Public "; (b) in the definition " Minister " omitting the words " Public Lands and Irrigation " and inserting in their stead the word " Lands "; and (c) in the definition " Selection " omitting the words " or grazing selection " and inserting in their stead the words " grazing selection or grazing homestead freeholding lease ". 3. Amendment of s. 29 (1). Subsection (1) of section twenty-nine of the Principal Act is amended by inserting after the words " from the decision " the words " together with the prescribed fee ". 4. Amendment of s. 44 (11). Subsection (11) of section forty-four of the Principal Act is amended by adding the following paragraph:- " The appellant shall lodge a copy of such notice, together with the prescribed fee, with the Registrar within the time prescribed by this subsection for service of notice of the appeal." 5. Amendment of s. 45 (1). Subsection (1) of section forty-five of the Principal Act is amended by adding the following paragraph:- " The notification to the Registrar shall be accompanied by the prescribed fee." 6. Amendment of s. 1 .25. Section one hundred and twenty-five of the Principal Act is amended by inserting after the words " agricultural farm " the words " or grazing homestead freeholding lease ". 7. Amendments of s. 136. Section one hundred and thirty-six of the Principal Act is amended by- (a) omitting subsection (1) and inserting in its stead the following subsection:- " (1) This subsection applies subject to subsection (2) of this section and subsection (3) of section one hundred and forty-two of this Act. In every case of an application under section one hundred and thirty-five of this Act the Minister may determine the unimproved value, as at the date when the Minister received the application, of the land comprised in the selection or he may refer the matter of such unimproved value to the Court for hearing and determination. Where the Minister makes such determination, if, within forty-two days after the Minister has notified the applicant thereof, the applicant has not notified in writing the Minister that he accepts the Minister's determination, the Minister shall refer the matter of the unimproved value in question to the Court for hearing and determination "; and (b) in subsection (2), omitting the words " or refer to the Court for hearing and determination the matter specified in subsection (1) of this section ". 8. Amendments of s. 138. Section one hundred and thirty-eight of the Principal Act is amended by-- (a) omitting the words " the Minister shall refer to the Court " and inserting in their stead the words " the Minister may determine or he may refer to the Court "; (.h) in paragraph (b) omitting the words " as at the date of hearing by the Court " and inserting in their stead the words " as at the date of the determination "; and

522 Land Acts Amendment Act of 1964, No. 49 (c) adding the following paragraph:- " Where the Minister makes either or both of the determinations referred to in this section if, within forty-two days after the Minister has notified the applicant thereof, the applicant has not notified the Minister in writing that he accepts the Minister's determination or, as the case may be, determinations, the Minister shall refer the matter of the unimproved value or market value in question or, as the case requires, both those matters to the Court for hearing and determination." 9. Repeal of and new s. 139. (1) The Principal Act is amended by repealing section one hundred and thirty-nine and inserting in its stead the following section:- " [139.] Grazing selections . The lessee of any grazing selection may at any time apply to the Minister in writing to have the tenure of his selection converted- (a) in the case of an application received by the Minister on or before the thirty-first day of December, one thousand nine hundred and sixty-five- (i) in respect of a selection the area whereof does not exceed ten thousand acres-to a grazing homestead freeholding lease or perpetual lease selection; (ii) in respect of a selection the area whereof exceeds ten thousand acres-to a grazing homestead freeholding lease; (b) in the case of an application received by the Minister after the thirty-first day of December, one thousand nine hundred and sixty-five- (i) in respect of a selection the area whereof does not exceed five thousand acres-to a grazing homestead freeholding lease or a perpetual lease selection; (ii) in respect of a selection the area whereof exceeds five thousand acres-to a grazing homestead freeholding lease." (2) Every application under section one hundred and thirty-nine of the Principal Act received by the Minister prior to the repeal of that section by subsection (1) of this section and not completed before the passing of this Act shall be continued and completed as if this Act had not been passed and for that purpose every relevant provision of the Principal Act shall, notwithstanding any provision of this Act, be deemed to continue to have the operation and effect it had immediately prior to the passing of this Act. For the purposes of this subsection an application shall be deemed to have been completed when the applicant duly made the election prescribed by section one hundred and forty-two of the Principal Act, or when the application lapsed as prescribed by that Act, or when the Minister duly rejected the application. 10. Amendments of s. 140 . Section one hundred and forty of the Principal Act is amended by- (a) omitting subsection (1) and inserting in its stead the following subsection:- " (1) In every case of an application under section one hundred and thirty-nine of this Act, the Commission shall certify to the Minister- (a) whether or not the grazing selection is, in the opinion of the Commission, substantially in excess of a living area; and

Land Acts Amendment Act of 1964, No. 49 523 (b) whether or not the grazing selection is, in the opinion of the Commission , reasonably improved having regard to its potential for economic development. In considering whether or not any grazing selection is substantially in excess of a living area the Commission may have regard to- (a) the number of stock which may reasonably be expected to be carried in average seasons when the selection is improved by timber treatment , fencing , the provision of water facilities or other improvements or developmental works to its maximum economic productivity; (b) the suitability of the grazing selection by reason of its situation, type of country and rainfall for potential use in whole or part for agricultural , dairying , orchard , or mixed farming purposes; and (c) the suitability of the grazing selection for subdivision , including subdivision in conjunction with other land in the same locality for the purpose of new land settlement. If the Commission certifies to the Minister that the grazing selection is, in its opinion , substantially in excess of a living area or is, in its opinion , not reasonably improved having regard to its potential for economic development , the Minister may reject the application."; (b) omitting subsection (2) and inserting in its stead the following subsection:- "(2) Save in. the case of an application rejected by the Minister pursuant to a provision of this Division- (a) the Minister may determine or he may refer to the Court for hearing and determination , the following matters or either of them , namely:- (i) the unimproved value , as at the date when the Minister received the application , of the land comprised in the grazing selection , which unimproved value shall be exclusive of the market value of any commercial timber on the land; (ii) the market value , as at the date of the determination, of the commercial timber the property of the Crown on the land comprised in the grazing selection , which value shall include the value as at such date of trees with commercial potentiality; (b) unless the Minister is of opinion that public interests will not be adversely affected by granting the application, the Minister shall refer to the Court for hearing and determination the matter of whether public interests will be adversely affected by granting the application, and if so in what respect."; and (c) adding the following subsection:- " (3) Where the Minister makes either or both of the determinations referred to in paragraph (a) of subsection (2) of this section if, within forty-two days after the Minister has notified the applicant thereof, the applicant has not notified the Minister in writing that he accepts the Minister ' s determination or, as the case may be, determinations the Minister shall refer the matter of the unimproved value or market value in question or, as the case requires, both those matters to the Court for hearing and determination."

524 Land Acts Amendment Act of 1964, No. 49 it Amendment of s. 141 (1). Subsection (1) of section one hundred and forty-one of the Principal Act is amended by inserting before the words " the Court " the words " the Minister or, if the Minister has referred the matter to the Court9". 12. Amendments of s. 142. Section one hundred and forty-two of the Principal Act is amended by- (a) in subsection (1)-- (i) inserting before the words " by the Court ", the words " by the Minister where the Minister has determined the matter and his determination has been duly accepted by the lessee or, where the Minister has referred the matter to the Court,"; (ii) omitting the words " or grazing selection " where appearing in paragraph (b); (iii) adding the following paragraph:- " or (c) in the case of a grazing selection, whether he elects to proceed with his application to have the tenure of his selection converted to a grazing homestead freeholding lease or, if he is thereunto entitled, to a perpetual lease selection "; (b) in subsection (2) inserting before the words " by the Court " the words " by the Minister or, as the case may be,"; (c) in subsection (4) inserting before the words " by the Court " the words " by the Minister or, as the case may be,"; (d) in subsection (5) omitting the second paragraph and inserting in its stead the following paragraph:- " Thereupon he shall be entitled to a new lease of his selection according to his application, and, in the case of a grazing selection in respect whereof he is entitled to apply and has applied for conversion of tenure to grazing homestead freeholding lease or perpetual lease selection, or a settlement farm lease, according as he has specified in his notice of election," 13. Repeal of and new headnote . The Principal Act is amended by omitting the headnote appearing immediately before section one hundred and forty-three and by inserting in its stead the following headnote:- "Provisions applicable to Freeholding Tenures and Perpetual Lease Selections under this Division ". 14. Amendments of s. 143 . Section one hundred and forty-three of the Principal Act is amended by- (a) in the general words preceding paragraph ( a), omitting the words " or a grazing selection "; (b) in paragraph (b)- (i) omitting the words " grazing selection or "; and (ii) inserting before the words "the Court" the words "the Minister or, as the case may be,"; and (c) in paragraph (e) omitting the words " settlement farm lease or grazing selection " and inserting in their stead the words " or settlement farm lease ".

Land Acts Amendment Act of 1964, No. 49 525 15. Amendments of s. 144 . Section one hundred and forty-four of the Principal Act is amended by, in paragraph (b), inserting before the words " the Court " the words " the Minister or, as the case may be,". 16. New s. 144A inserted . The Principal Act is amended by inserting after section one hundred and forty-four the following section:- " [144A.] Terms and conditions of grazing homestead freeholding lease. Every grazing homestead freeholding lease (in this section referred to as the " new tenure ") to which a grazing selection is converted pursuant to this Division shall be subject to the following provisions, terms and conditions:- (a) the purchasing price under the new tenure shall be the unimproved value determined as prescribed by this Division and shall be payable by way of annual rent; (b) the term of the lease of the new tenure shall be thirty years and shall commence on the quarter day next following the date when the Minister received from the lessee the application in writing to have the tenure converted unless, by notice in writing contained in or accompanying the notice of election to proceed with the application, 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 Minister or, as the case may be, the Court or, upon appeal thereto, the Land Appeal Court determined the unimproved value of the land comprised in the grazing selection, in which case the term of the new tenure shall commence on such later quarter day; (c) the annual rent received shall, during the term, be an amount equal to one-thirtieth of the purchasing price; (d) moneys paid as rent under the surrendered tenure shall not be credited to the new tenure except any moneys so paid in respect of a time after the commencement of the term of the new tenure; (e) the fencing, developmental and improvement conditions, if any, to which the surrendered grazing selection was subject: (f) in the case of a surrendered lease which was subject to a condition of personal residence, notwithstanding anything in this Act, that condition shall continue to apply with respect to the new tenure for the unexpired period thereof remaining as at the quarter day when the term of the new tenure commences. Subject to the provisions of this Division, the provisions of this Act with respect to an agricultural farm relating to the issue of the lease, improvements, developmental conditions, survey fees and rent and payment thereof, personal residence, occupation, transfer, transmission, mortgage, sub-lease, forfeiture, resumption, compensation, noxious plants, prickly-pear, surrender and agistment shall, with and subject to all necessary adaptations, apply to a grazing homestead freeholding lease."

526 Land Acts Amendment Act of 1964, No. 49 17. New s. 145A inserted . The Principal Act is amended by inserting after section one hundred and forty-five the following section:- " [145A,] Application of area limitations under this Act to grazing homestead freeholding lease . For the purpose of determining- (a) whether or not a person other than the person thereunto entitled pursuant to this Division is qualified to acquire or hold any grazing homestead freeholding lease; or (b) whether or not the holder of any grazing homestead freeholding lease is entitled to acquire or hold any other grazing homestead freeholding lease or to apply for, acquire or hold any other tenure under this Act, every grazing homestead freeholding lease shall be c::emed to be a grazing selection and every provision of this Act relating to disqualifications upon applicants applying for and holding land under this Act and to the maximum mileage, maximum area or maximum aggregated area of land which may be held by any one and the same person under this Act, and, whether under the same or different tenures, shall with and subject to all necessary adaptations apply and extend accordingly." 18. Amendments of s. 147 (1). Subsection (1) of section one hundred and forty-seven of the Principal Act is amended by- (a) omitting the words " an agricultural farm or a perpetual lease selection " and inserting in their stead the words " a new tenure and (b) inserting before the words " by the Court " the words " by the Minister or, as the case may be,". 19. New s. 147A inserted . The Principal Act is amended by inserting after section one hundred and forty-seven, the following section:- " [147A.] Limitation on sale of freeholded grazing homestead freeholding lease . (1) Subject to subsection (2) of this section, additionally to being subjected to all such reservations and conditions as are authorised or prescribed by this Act or any other Act, every deed of grant in fee-simple of the land comprised in a grazing homestead freeholding lease shall be issued subject to a. condition that the estate in fee-simple in such land or any part thereof shall not be transferred or assigned- (a) to any corporation or to any person upon or subject to any trust for a corporation; or (b) to any person other than a corporation- (i) if the aggregate of the areas of the lands to be transferred or assigned and of all other country lands in this State held by such person from the Crown (and whether for an estate in fee-simple or for a lesser estate or interest) exceeds sixty thousand acres; or (ii) if the aggregate of the unimproved values of the lands to be transferred or assigned and of all other country lands in this State held by such person from the Crown (whether for an estate in fee-simple or for a lesser estate or interest) exceeds thirty-five thousand pounds, without the prior consent of the Governor in Council.

Land Acts Amendment Act of 1964, No. 49 527 (2) The deed of grant in fee-simple of the land comprised in a grazing homestead freeholding lease the area whereof does not exceed ten thousand acres and the application under section one hundred and thirty-nine of this Act in respect whereof was received by the Minister on or before the thirty-first day of December, one thousand nine hundred and sixty-five, shall not be subjected to the condition prescribed by subsection (1) of this section. (3) The condition prescribed by subsection (1) of this section does not apply to the taking and holding by any person of any freehold land which devolves upon him under a will or intestacy, or the area whereof is not more than six hundred and forty acres. (4) In and for the purposes of this section " unimproved value " means the valuation subsisting at the time of the transfer or assignment (or, if the transfer or assignment is consequent upon an agreement to transfer or assign , at the time when the agreement was made) of the unimproved value of the land in question made or determined under " The Valuation of Land Acts, 1944 to 1959." (5) In the case of a joint transferee or assignee or a transferee or assignee who is a joint holder of other land for the purposes of this section the area and unimproved value of the land the subject of the transfer or assignment or, as the case may be, of such other land shall be proportioned respectively to his actual interest in the transfer or assignment or in such other land. (6) In the case of a transfer or assignment of part of any land included in one and the same valuation where a fresh valuation of the unimproved value of such part has not been made or determined, the unimproved value of such part shall be proportioned to the unimproved value of the whole according to their areas respectively. (7) In the case of a transfer or assignment upon or subject to a trust this section shall apply as if the transaction were a transfer or assignment to the transferee or assignee of the estate in fee-simple in the subject land absolutely freed and discharged from the trust. In the case of a transferee or assignee who is a trustee of any interest in any other land in this State this section shall apply as if the transferee or assignee held such interest absolutely freed and discharged from the trust. (8) The Registrar of Titles shall not register any dealing which requires the consent of the Governor in Council under this section unless such consent has been granted. Application for such consent shall be made to the Minister. Every instrument of transfer or assignment of any land granted in fee-simple subject to the condition prescribed by subsection (1) of this section lodged in the office of the Registrar of Titles shall be accompanied by- (a) a statutory declaration by the transferee or assignee setting out by reference to description and area all other country lands in this State in which he has any interest and the nature of every such interest; and

528 Land Acts Amendment Act of 1964, No. 49 (b) a certificate by the Valuer-General stating the unimproved value of the land the subject of the transfer or assignment and of any other country land in this State in which the transferee or assignee has any interest, which certificate may be a copy of or extract from the appropriate valuation roll certified as correct by the Valuer-General." 20. Amendments of s. 171. Section one hundred and seventy-one of the Principal Act is amended by- (a) in subsection (1) inserting in paragraph (c), before the opening words thereof, the words " whether the sale is for cash or upon terms and, if upon terms,"; and (b) adding to subsection (2) the following paragraph:-- (h) in the case of town or suburban lots specify a percentage discount of the purchasing price which will be allowed if the purchasing price is immediately paid in full." 21. Amendments of s. 192. Section one hundred and ninety-two of the Principal Act is amended by- (a) omitting subsection (1) and inserting in its stead the following subsection-- " (1) Subject to subsection (3) of section one hundred and ninety-three of this Act, the Minister may determine the unimproved value, as at the date when the Minister received the application, of the land comprised in the lease or he may refer the matter of such unimproved value to the Court for hearing and determination. Where the Minister makes such determination, if, within forty-two days after the Minister has notified the applicant thereof, the applicant has not notified in writing the Minister that he accepts the Minister's determination, the Minister shall refer the matter of the unimproved value in question to the Court for hearing and determination "; and (b) inserting in subsection (2), before the words " the Court " the words " the Minister or, if the Minister has referred the matter to the Court ". 22. Amendments of s. 193. Section one hundred and ninety-three of the Principal Act is amended by- (a) inserting in subsection (1), before the words " by the Court " the words " by the Minister where the Minister has determined the matter and his determination has been duly accepted by the lessee or, where the Minister has referred the matter to the Court,"; (b) omitting from subsection (2) the words " by the Court or upon appeal thereto, the Land Appeal Court,"; and (c) omitting from subsection (4) the words " by the Court or upon appeal thereto, the Land Appeal Court,". 23. Amendment of s. 194 . Section one hundred and ninety-four of the Principal Act is amended by inserting in paragraph (b) before the words " the Court " the words " the Minister or, as the case may be,". 24. Amendment of s. 195 . Section one hundred and ninety-five of the Principal Act is amended by inserting in subsection (4), before the words " the Court " the words " the Minister or, as the case may be,".

Land Acts Amendment Act of 1964 , No. 49 529 25. Amendment of s. 204 . Section two hundred and four of the Principal Act is amended by inserting, after subsection (5), the following subsection:- " (5A) In no case shall the annual rent be less than one pound per annum. In respect of any and every special lease the term whereof commenced before the date of the enactment of this subsection, this subsection applies on and from the first day of January, one thousand nine hundred and sixty-five." 26. Amendment of s. 207 (2). Subsection (2) of section two hundred and seven of the Principal Act is amended by inserting after the words " unimproved value ", where those words appear in subparagraph (a) of the second paragraph, the words " or purpose for which the land is used ". 27. Amendments of s. 255 (1). Subsection (1) of section two hundred and fifty-five of the Principal Act is amended by- (a) in paragraph (b) omitting the words " in equal proportions during each half year of such period "; and (b) adding the following paragraph:- "A notice under this subsection may require the lessee to whom it is given to destroy the noxious plant or plants in respect whereof the notice is given in equal proportions during each half year of the period within which the lessee is required by the notice to destroy such noxious plant or plants." 28. Amendments of s. 260 (1). Subsection (1) of section two hundred and sixty of the Principal Act is amended by- (a) in paragraph (b) omitting the words " in equal proportions during each half year of such period "; and (b) adding the following paragraph:- "A notice under this subsection may require the Crown tenant to whom it is given to destroy all prickly-pear in respect whereof the notice is given in equal proportions during each half year of the period within which the lessee is required by the notice to destroy such prickly-pear." 29. New s . 266A inserted . The Principal Act is amended by inserting after section two hundred and sixty-six the following section:- " [266A.] Power of Minister to authorise person to enter and destroy prickly -pear. Where the Minister is of opinion that it is necessary so to do to prevent the growth and spread of prickly-pear, the Minister may, in writing, authorise any person named in the authority to destroy any prickly-pear infesting any holding, freehold land, road, stock route or reserve. Authority under this section shall empower the person to whom it is given to enter, re-enter and remain, with such assistants, transport, plant, equipment and materials as he deems necessary, upon the holding, freehold land, road, stock route or reserve specified in the authority, at all times during such period of time as is necessary to enable him to destroy any prickly-pear infesting the same."

530 Land Acts Amendment Act of 1964, No. 49 30. Amendment of s. 381 . Section three hundred and eighty-one of the Principal Act is amended by adding the following subsection:- " (3) Any notice, communication or other document required to be given or served by a Commissioner or prickly-pear warden to or upon any person may, unless otherwise prescribed, be sent by post addressed to such person at his last known place of address or to him at the holding or the freehold land (or the head station of the holding or-freehold land) the subject of the notice, communication or other document, or left for him at such holding or head station."