Land Acts Amendment Act of 1968 (Qld)

65 Qllanslnn^ ANNC SEPTIMO DECIMO ELIZABETHAE SECUNDAE REGINAE No. 9 of 1968 An Act to Amend "The Land Acts, 1962 to 1967," in a certain particular [ASSENTED TO 16TH APRIL, 1968] 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 1968." (2) Principal Act. " The Land Acts, 1962 to 1967," 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 1968." 3

66 Land Acts Amendment Act of 1968, No. 9 2. New s. 354A inserted . The Principal Act is amended by inserting after section three hundred and fifty-four the following section:- " [354A.] When lands held in trust for a public purpose may be surrendered to the Crown. (1) Where upon application being made in writing to the Minister by the trustees for the time being of any land granted for an estate in fee-simple (other than land granted in trust pursuant to section three hundred and thirty-four of this Act or any corresponding previous enactment) for permission to transfer and surrender the land to Her Majesty the Minister is satisfied- (a)- (i) that the land is vested in the trustees for any of the objects or purposes (in this section called " the said objects or purposes ") which are public purposes under and within the meaning of this Act or any object or purpose which in his opinion is substantially similar to any of the said objects and purposes; or (ii) that the instrument creating or manifesting and proving the trust has been lost or cannot be found or has been destroyed, or that there was never such an instrument, and that the land has been used for any of the said objects and purposes or an object or purpose which in his opinion is substantially similar to any of the said objects and purposes; and (b)- (i) that the trust is not subject (or as the case may be) not known to be subject to any gift over or to any provision which would prevent the trustees from transferring and surrendering the land to Her Majesty pursuant to this section; or (ii) if the trust is subject to any gift over or any such provision, that the person entitled to the benefit thereof has in writing duly surrendered such entitlement and consented to the transfer and surrender of the land; and (c) that the land is not subject to any mortgage or other encumbrance whatsoever, or, if it is so subject, the mortgagee or encumbrancee has consented in writing to the transfer and surrender of the land; and (d) that the land is not subject to any lease, tenancy or license or, if it is so subject, that the lessee, tenant or licensee has consented in writing to the transfer and surrender of the land; and (e) that the provisions of subsection (3) of this section have been complied with, the Minister by notice published in the Gazette may grant permission to the trustees to transfer and surrender the land to Her Majesty pursuant to this section, and the trustees may transfer and surrender the land accordingly. Notwithstanding any law or rule or practice of law, or the trust or any imperfection therein or in the objects and purposes thereof, any such transfer and surrender shall, upon its registration, be good and effective in law, and shall not be called in question in any proceedings whatsoever. (2) Where- (a) the trustees of any such land are dead and it is uncertain which of them was the last surviving trustee, or it is uncertain who is the personal representative of the last surviving trustee, or the personal representative of the last surviving trustee cannot

Land Acts Amendment Act of 1968, No. 9 67 be found, or where ;t is uncertain whether the last surviving trustee is living or dead, or where the trustees are out of Queensland or cannot be found or refuse or are unfit to act or are incapable of acting; and (b) there is no person nominated for the purpose of appointing new trustees by the instrument (if any) creating the trust, or no such person who is able and willing to act, or it is uncertain whether or not any person has been so nominated, the Local Authority for the Area wherein the land is situated may make application in writing to the Minister for a declaration that it is expedient that the land should be reverted in Her Majesty, and the Minister, if he is satisfied as prescribed by subsection (1) of this section, as to the matters referred to in paragraphs (a), (b), (c), (d) and (e) of that subsection, and also that the Local Authority is entitled under this subsection to make the application, may by notice published in the Gazette make a declaration accordingly. (3) Notice of intention to make an application to the Minister pursuant to subsection (1) or subsection (2) of this section shall be published in a newspaper circulating generally in Queensland and in a newspaper circulating generally in the Area of the Local Authority in which the land is situated not less than thirty days and not more than sixty days before the application is made, and shall be in or to the effect of the appropriate prescribed form. (4) In any notice published pursuant to subsection (1) or subsection (2) of this section with respect to any land the Minister shall specify the said objects or purposes for which the land was vested in the trustees or was used or to which the object or purpose for which the land was vested in the trustees or was used is in his opinion substantially similar. (5) Upon the registration in the office of the Registrar of Titles pursuant to subsection (1) of this section of a transfer and surrender to Her Majesty of any land or upon the publication in the Gazette of a notice with respect to any land pursuant to subsection (2) of this section- (a) the trustees of the land shall be freed and discharged from all further duties and liabilities under the trust in respect thereof; (b) the land shall revert to the Crown and become and be Crown land freed and discharged from all trusts and, subject to this section, freed and discharged from all other rights, titles, estates or interests howsoever vested or held; (c) in respect of land revested in the Crown pursuant to subsection (1) of this section, the Governor in Council shall, pursuant to section three hundred and thirty-four of this Act, grant in trust the land upon trust for the objects or purposes sp_cified by the Minister as prescribed by subsection (4) of this section; (d) in respect of land revested in the Crown pursuant to subsection (2) of this section, the Governor in Council may deal with the land in any manner prescribed by this Act. (6) Where land is transferred and surrendered pursuant to this section with the consent of a mortgagee or other encumbrancee, or of a lessee, tenant or licensee the transfer and surrender shall not prejudice or affect in any way any mortgage, other encumbrance, lease, tenancy or license to which the land was subject when transferred and surrendered, and the grant in trust shall issue subject to the mortgage, other encumbrance lease, tenancy or license in question.

68 Land Acts Amendment Act of 1968, No. 9 (7) Save subsection (3) of section three hundred and fifty-one of this Act (which it is hereby declared shall not apply) all of the provisions of Division II of Part XI of this Act which relate to lands granted in trust under section three hundred and thirty-four of that Part shall, with and subject to all necessary adaptations, apply and extend with respect to land granted in trust pursuant to paragraph (c) of subsection (5) of this section as if that grant had been made under section three hundred and thirty-four of this Act. For the purposes of this subsection any mortgage or other encumbrance, lease, tenancy or license mentioned in subsection (6) of this section shall be deemed to have been duly made under, subject to and in compliance with the provisions of the said Division II after the grant in trust of the land in question. (8) The Registrar of Titles shall, by virtue of this subsection, have power and authority to make, and shall make or cause to be made any necessary entries or endorsements in the register book concerned and to do and execute all such other acts, matters and things as may be necessary and proper to give full effect to the operation as respects any land of this section."