Land Acts Amendment Act of 1967 (Qld)

4 ANNO SEXTO DECIMO ELIZABETHAE SECUNDAE REGINAE No. 2 of 1967 An Act to Amend "The Land Acts, 1962 to 1965," in certain particulars and to Extend the Term of Certain Leases thereunder as a Measure of Drought Relief [ASSENTED TO 23RD MARCH, 1967] 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 1967." (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 1967."

Land Acts Amendment Act of 1967, No. 2 5 2. Amendment of s. 91 . Section ninety-one of the Principal Act is amended by omitting subsection (1) and inserting in its stead the following subsection " (1) Subject to this Act- (a) any number of persons exceeding two shall not be competent to apply for any selection; and (b) any- (i) corporation whatsoever, or (ii) person who in respect of the land applied for or held, or any part thereof or interest therein, is a trustee, agent or servant of or for any other person, shall not be competent to apply for or hold any selection." 3. Amendments of s. 94. Section ninety-four of the Principal Act is amended by- (a) omitting subsection (1) and inserting in its stead the following subsection :- " (1) (a) A person shall be disqualified from applying for or holding jointly a selection at any time when he is disqualified from applying for or holding a selection of the class or mode of a class in question. This paragraph applies subject to subparagraph (i) of paragraph (b) of this subsection. - (b) For the purposes of determining- (i) whether or not a person is disqualified from applying for or holding a selection jointly, in respect of the selection concerned such person shall be deemed an applicant for or the holder of an area and at an annual rental respectively proportioned to the actual interest applied for or held by him in the-selection; or (ii) whether or not a joint holder is disqualified from applying for or holding another selection of the same class or mode of a class, such joint holder shall be deemed to be the holder of an area and at an annual rental respectively proportioned to his actual interest in the jointly held selection. (c) Joint holders, whether holding as tenants in common or as joint tenants, shall jointly perform all the conditions to which the selection is subject, except the condition of personal residence or the condition of occupation which- (i) if they hold equal interests, may be performed by any of them; or (ii) if they do not hold equal interests, shall be performed by one of them whose interest is not less than that of any other of them."; (b) in subsection (2)- (i) omitting the words " by two persons "; (ii) in paragraph (a) omitting the word " one " and inserting in its stead the word " a " and also omitting the words " the other joint holder " and inserting in their stead the words " any other joint holder or holders ";

6 Land Acts Amendment Act of 1967, No. 2 (iii) in paragraph (b) omitting the words " the other " and inserting in their stead the words " every other "; (c) omitting subsection (3); and (d) in subsection (4) omitting the letter and brackets " (b) " and inserting in their stead the letter and brackets " (c) ". 4. Repeal of s. 95. Section ninety-five of the Principal Act is repealed. 5. Amendment of s. 138 . Section one hundred and thirty-eight of the Principal Act is renumbered subsection (1) of that section and as so renumbered is amended by adding the followin0g subsection:- (2) Notwithstanding that the lease in question shall have expired- (a) the Minister may make either or both of the determinations referred to in subsection (1) of this section; and (b) the Court or, upon appeal thereto, the Land Appeal Court shall hear and determine every such reference, whether made by the Minister before or after the lease shall have expired." 6. Amendment of s. 140. Section one hundred and forty of the Principal Act is amended by adding the following subsection:- (4) Notwithstanding that the lease in question shall have expired (a) the Minister may make either or both of the determinations referred to in paragraph (a) or the reference referred to in paragraph (b) of subsection (2) of this section, or the reference referred to in subsection (3) of this section; and (b) the Court or, upon appeal thereto, the Land Appeal Court shall hear and determine every such reference, whether made by the Minister before or after the lease shall have expired." 7. Amendment of s. 142. Section one hundred and forty-two of the Principal Act is amended by adding the following subsection:- " (6) The expiry of the lease in question shall not prejudice or affect the operation of the provisions of this section." 8. Amendment of s. 144A. Section 144A of the Principal Act is amended by, in paragraph (c), omitting the word " received " and inserting in its stead the word " reserved ". 9. Amendment of s. 190 (2). Subsection (2) of section one hundred and ninety of the Principal Act is amended by, in subparagraph (ii) of paragraph (f), omitting the words " to inform it or any of the matters " and inserting in their stead the words " to inform it of any of the matters." 10. New s. 371A inserted . The Principal Act is amended by inserting after section three hundred and seventy-one the following section:- " [371A.] Permissive occupancies . The Minister may grant permission to occupy any Crown land or any land comprised in a reserve or road for such purpose and upon such terms and conditions as the Minister deems fit. Any such permission shall be terminable at will by the Minister."

Land Acts Amendment Act of 1967, No. 2 7 11. Extension of term of certain leases. (1) Notwithstanding any limitation imposed by the Principal Act of the maximum term of any of the following leases, namely:- (a) settlement farm lease; (b) grazing selection; or (c) pastoral lease, the term of every such lease subsisting at the date of the passing of this Act is hereby extended by a period of three years. (2) In respect of every lease mentioned in subsection (1) of this section, the extension thereof prescribed by that subsection shall for the purpose of rental be deemed to be an extension of the rental period thereof current as at the date of the passing of this Act.