Land Acts Amendment Act of 1965 (No. 2) (Qld)

968 (Qu m1anb ANNO QUARTO DECIMO ELIZABETHAE SECUNDAE REGINAE No. 69 of 1965 An Act to Amend "Tie Land Acts, 1%2 to 1%5," in certain particulars [ASSENTED TO 24TH DECEMBER, 1965] 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 1965 (No. 2)." (2) Principal Act. " The Land Acts, 1962 to 1965," 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 Land Acts, 1962 to 1965." 2. General amendment to Part VII Division M. Division III of Part VII of the Principal Act is amended by omitting the words " ten years " wherever they occur and inserting in their stead wherever omitted the words " twenty years ". 3. Amendments to s. 194. Section one hundred and ninety-four of the Principal Act is amended by- (a) in paragraph (c), omitting the expression " one-tenth " and inserting in its stead the expression " one-twentieth " ;

Land Acts Amendment Act (No. 2) of 1965. No. 69 969 (b) omitting paragraph (d) and inserting in its stead the following paragraph:- (J) the lessee shall pay the balance of the purchasing price, as prescribed ny subsection (2) of section one hundred and ninety-five of this Act, in twenty equal annual instalments:". 4. Amendments to s. 195 . Section one hundred and ninety-five of the Principal Act is amended by- (a) omitting subsection (2) and inserting in its stead the following subsection :- " (2) Subject to the provisions of subsections (3) and (4) of this section the lessee shall pay the balance of the purchasing price in twenty equal annual installments." ; (b) in subsection (3), omitting all words from and including the words " together with interest " to the end of that subsection. 5. Amendment to s. 196. Section one hundred and ninety-six of the Principal Act is amended by omitting paragraph (a) and inserting in its stead the following paragraph:- (a) upon payment of all moneys payable in respect of the purchasing price and any moneys unpaid on any account whatsoever in respect of the lease;". 6. Repeal of and new s. 197. Section one hundred and ninety-seven of the Principal Act is repealed and the following section is inserted in its stead :- " [197.] Instalments of purchasing price payable as rent . For the purposes of the application of the provisions of sections two hundred and forty-seven and two hundred and forty-nine of this Act with respect to a lease deemed, pursuant to this Division, a lease for a term of twenty years, all moneys payable in respect of the purchasing price shall be deemed to be payable as rent." 7. Amendment to s. 247. Section two hundred and forty-seven of the Principal Act is amended by, in subsection (2), omitting from paragraph (c) the words " ten years " and inserting in their stead the words " twenty years ". 8. Amendment to s. 274. Section two hundred and seventy-four of the Principal Act is amended by, in subsection (1), omitting from paragraph (c) the words " ten years " and inserting in their stead the words " twenty years ". 9. Amendments to s. 282 . Section two hundred and eighty-two of the Principal Act is amended by- (a) in subsection (3)- (i) inserting after the words " of this State " wherever those words appear the words " or of the Commonwealth "; (ii) inserting after the words " Local Authority," the words " or any person or authority authorized by or pursuant to any Act to supply electricity,"; (b) in subsection (4), inserting after the words " When the Crown " where those words twice appear the words " in right of this State ".

970 Land Acts Amendment Act (No. 2) of 1965, No. 69 10. Amendment to s. 286 . Section two hundred and eighty-six of the Principal Act is amended by, in subsection (2), omitting from paragraph (c) the words " ten years " and inserting in their stead the words " twenty years ". 11. Amendment to s. 313. Section three hundred and thirteen of the Principal Act is amended by, in subsection (1), omitting the words " ten years " and inserting in their stead the words " twenty years ". 12. Amendment to s. 314. Section three hundred and fourteen of the Principal Act is amended by, in subsection (1), inserting in paragraph (b) after the words " or brigalow lease ," the words " or upon the surrender to the Crown of any of such leases,". 13. Position of application under s . 191 of Principal Act subsisting at commencement of this Act. An application made under section one hundred and ninety-one of the Principal Act- (a) which was received by the Minister prior to the date of the passing of this Act; and (b) which has not lapsed pursuant to the provisions of subsection (2) of section one hundred and ninety-three of the Principal Act; and (c) in respect of which the Minister has not received, as at the date of the passing of this Act, a notice of election to proceed as prescribed by subsection (1) of section one hundred and ninety-three of the Principal Act, shall be deemed to be an application made under section one hundred and ninety-one of the Principal Act as amended by this Act to have the lease therein referred to deemed a lease for a term of twenty years and shall, in all respects, be subject to the provisions of the Principal Act as amended by this Act. 14. Application of this Act to subsisting lease for 10 years . (1) Save as is prescribed by this section, no provision of this Act shall be construed to affect a lease which, at the date of the passing of this Act, is deemed, pursuant to Division III of Part VII of the Principal Act, a lease for a term of ten years or to affect the rights or obligations of the Crown or the lessee of such a lease. (2) The lessee of a lease referred to in subsection (1) of this section may, by notice in writing lodged with the Minister not later than six months (or such extended time as the Minister, in his discretion, may allow) after the date of the passing of this Act, elect to have the balance of the term of such lease extended. Upon receipt by the Minister of such an election (the date of which receipt is in this section called the " date of election "), the balance of the term of such lease shall be deemed to be extended by a number of years equal to the number of annual instalments which, under the Principal Act, would have become due and payable in respect of the purchasing price of the land comprised in such lease after the date of election and the Registrar of Dealings shall endorse the lease accordingly. The balance of the term of such lease (as so deemed extended) shall be deemed to have commenced on the quarter day (being the anniversary of the quarter day on which such lease commenced as a lease for a term of ten years under the Principal Act last preceding the date of election.

Land Acts Amendment Act (No. 2) of 1965, ti'o. 69 971 (3) Subject to the provisions of this section, on and after the date of election a lease in respect of which such election is lodged shall be subject in all respects to the provisions of Division III of Part VII and all other provisions applicable thereto of the Principal Act as amended by this Act as if it were deemed a lease for a term of twenty years pursuant to Division III of Part VII of the Principal Act as amender; by this Act. (4) The lessee of- (a) a lease deemed to be for a term of ten years pursuant to Division III of Part VII of the Principal Act; or (b) a lease the balance of the term whereof is deemed to be extended pursuant to an election made under this section, shall pay the balance of the purchasing price of the land comprised in the lease in question the instalments of which- (i) in the case of a lease referred to in provision (a) aforesaid, become due and payable after the date of the passing of this Act; (ii) in the case of a lease referred to in provision (b) aforesaid, become due and payable after the date of election, free of interest over the balance of the term of such lease or, as the case may be, the balance of the term, as deemed extended pursuant to an election made under this section, of such lease in equal annual instalments.