Land Acts and Agricultural Lands Purchase Acts Amendment Act of 1905 (5 Edw VII No. 28) (Qld)

LANDS. 8891 5 EDW. VII. No. 28, 1905. Land q- Agricultural Lands Purchase Amendt. • 4. The Governor in Oouncil may from time to time Regulations. make regulations for all purposes which, in his opinion, are necessary to give effect to the purposes and intention of this Act. Such regulations may be general in their appli- cation, or may be limited to particular localities or bodies of selectors. Such regulations may provide a penalty not exceeding five pounds for any breach thereof. All such regulations shall, upon publication in the Gazette, be of the same effect as if they were enacted in this Act, and shall not be questioned in any proceedings whatsoever. An Act to Amend the Land Acts, the Agricultural 5 E N d o w . . 2 V 8. II. Lands Purchase Acts, and for other purposes. THE LAND ACTS [ASSENTED TO 20TH DECEMBER, 1905.J AND AGRICULTURAL LANDS B E it enacted by the King's Most Excellent Majesty, PUi~ ~; SE by and with the advice and consent of the Legis- . t~ E~ ~ M1: & lative Council and Legislative Assembly of Queensla:t;ld in Parliament assembled, and by the authority of the same, as follows :- 1. This Act may be cited as "The Land Acts and Short titl~ and Agricultural Lands Purchase Ants Amendment Act of ~ f~ ~ ~~ lCtlOn 1905," and shall (except as to section forty-four hereof) be read as one with" The Land Act, 1897,"* and so far as regards section forty-four hereof shall be read as one with " The Agricultural Lands Purchase Acts, 1894 to 1901."t Amendments of " The Land Act, 1897."* 2. The following provision is added to subsection four of section sixty-four of the Principal Act:- "The annual rent for each period after the first shall Amendment; not exceed the annual rent payable for the next preceding of s. 64. period by more than one-half of the annual rent payable for such preceding period: Provided that nothing in this subsection shall be deemed to limit the maximum rent which may be determined under section eleven of 'The LandAct, 1902.' "t * 61 Vie. No. 25, ~ upra, page 6228. t 58 Vie. No. 27, supra, page 4988; 61 Vie. No. 13, supra, page 6223; and 1 Edw. VIr. No. 9, supra, page 8133. :\: 2 Edw. VII. No. 18, supra, page 8313. E

8892 LANDS. Amendment ofs.85. Land and .Agricultural Lands Purchase .Amendment. 5 EDW. VIl. No. 28, • 3. Subsection two of section eighty-five of the Prin- cipal Act as amended by section twenty-six of "The LandAct, 1902,"* is repealed, and the following subsection is inserted in lieu thereof :- (2) An alien who has not first obtained in the prescribed manner a certificate that he is able to read and write from dictation words in such language as the Minister may direct; or In the fourth paragraph of the said section eighty- five, after the words" this section," the words" other than the provision relating to aliens" are inserted. The proviso to the said section as amended by section fifty o! " The Land Act, 1902,"* is repealed. Aliens. After section 86A of the Principal Act, the following section is inserted :- [86B.] If an alien acquires a selection or any estate or interest in any land under this Part of this Act, or under the repealed Acts, or under "The Agricultural Lands Pun/hase Acts, 1894 to 1901,"t and does not within three years thereafter become a naturalised subject of the King, all his right,' title, and interest in such selection or land shall be forfeited. 4. After section ninety-two of the Principal Act, the following section is inserted :- . .Postponement [92A.] Notwithstanding anything contained in the ooff pfiarystmyeenatr' s t WO 1as t preced m ' ~ sec t I ' ons, a pe~ son mak- ' mg appll'ca t I ' On rent, .&c., in to select an A gncultural SelectIOn (other than a farm certam cases. subject to "The Agrioultural Lands Purohase Acts, 1894 to 1901,"t or any Act amending or in substitution for those Acts, or any of them) at any time after the expiration of one month from the time when it was open for selection, may, if the Minister so permits, be excused from depositing with his application the first year's rent and one-fifth part of the survey fee. In such case the amount of such rent and part of the survey fee with interest thereon at the rate of four pounds per centum per annum shall be paid with the rent of the selec- tion in four yearly instalments, beginning with the second year of the term, at the rate of five shillings and six pence per annum for everyone pound of such amount. " 2 E~ w. VII. No. 18, supra, page 8313. t 58 Vie. No. 27, supra, page 4988; 61 Vie. No. 13, 8upra, page 6223; and I Edw. VII. No. 9, supra, page 8133.

LANDS. 8893 1905. Land and Agricultural Lands Purchas8 Amendment. 5. After section one hundred and twenty-one of the Principal Act, the following section is inserted ;- [121A.] If it is proved to the satisfaction of the :ielection b:v Commissioner in open court that two or more AO b 'ricultural f ' a , l m l" I ~ lv b . ers of a Farms, each of which is at a distance not exceeding five [N.S.W.,No. miles from each of the others, are held by members of one ; \ ~ ~ r03, family bona fide in 1 heir own separate interests, the Commissioner may issue a special license enabling. the conditions of occupation required to be performed by them in respect of their selections to be performeJ by residence on any of the selections so held: Provided that such special license may at any subse- . quent time in open court be varied or revoked by the Commissioner if he is of opinion that the circumstances under which the license was granted no longer exist. 6. (1.) Section one hundred and twenty of the Prin- Repeal of cipal Act and section one hundred and twenty-three of the ~ s2i: ~ ~ nd said Act as enacted by section thirty-six of " The Land [ 1m~ ndment Act, 1902,"* are repealed. ~~ 2~s. 121 and (2.) In section one hundred and twenty-one of the Principal Act, after the words" resides upon," the words "and js himself beneficially interested in" are inserted, but without prejudice to the rights of any person who is the selector of a farm at the date of the passing of this i\.ct. The following provision is added to the said section;- "Provided that the privilege conferred by this section shall not extend to selectors of Agricultural Farms who have obtained priority under section H5A of this Act or under section seven of ' The Agricultural Lands Pl",rchase Acts Amendment Act of 1901.' "t (:3.) 1'he following provision is added to section one hundred and twenty-two of the Principal Act:- "Provided that nothing- in this section shall be con- strued so as to permit the condition of occupation in respect of an Agricultural Homestead being performed in any manner except as prescribed by subsection five of section one hundred and thirty-seven of this "\ct." 7. The followin g provision is added to section 123A Amendment of the Principal Act:- of s.123A. "Provided that nothing in this section shall be con- strued so as to permit the condition of occupation in respect of a Grazing Homestead being performed in any manner except as prescribed by subsection one of section one hundred and fifty-four of this Act." 2 Edw. VII. No. 18, supra, page 8313. t 1 Edw. VII. No. 9, supra, page 8133.

8894. LANDS. Land and L:(fJricultural Lands Purchase Amendment. 5 Enw. VII. No. 28, 8. After section one hundred and thirty-one of the Principal Act, the following sections are inserted under their respective headings:- Land Selection in Great Bl'itain. Lands mll! be [131A.J The Governor in Council may, in any Pro- esxectlU ap S ~ I r v t e for clamation under section se • ventv v -five of this Act declaring selection ~ n. land to be open for selectIOn, set apart the whole or any Great Brltam. specified portion of the lands referred to in such Proclama- tion exclusively for selection (including in that expression the right of optional purchase of an Agricultural Farm under Subdivision VIII. of this Act) by applicants in Great Britain and Ireland, or in any other country or State, under the provisions hereinafter contained. Such· lands may be so set apart either for an indefinite period or for such period as may be fixed by the Proclamation; if no such period is fixed a period may be fixed, or if such period is fixed it may be extended, by any subsequent Proclamation. Maps to be exhibited. [131B.J When any land is so set apart, maps shall be prepared and exhibited to the public at the office of the Agent-General for Queensland, in London, and at such other places in Great Britain and Ireland or elsewhere as the Minister may appoint, showing the land. so set apart, its distance from railway or water carriage, the rent and purchasing price, if any, per acre, the value of the improvements, if any, upon the land, the maximum area that may be selected in each mode of selection by any one person in the whole area so set apart, and such other information as may be prescribed. Application. [131e.J (1.) Applications to select land shall be lodged with such officer of the Department of the said Agent- General as he may designate for that purpose, or such other officer or person as the Governor in Council may appoint, and the said officer or person shall perform all the duties of and shall for all purposes of this Act relating to such applications be deemed to be a land agent for all Districts in which the lands so set apart are respec- tively situated. .Agent. (2.) rfhe Agent-General for Queensland, or such General t? nct other officer or person as the Governor in Council may : : ~ ~ : ~ lffilS. appoint for the purpose, shall perform all the duties of and shall, for all purposes of this Act relating to such applica- tions, be deemed to be a Commissioner for all Districts in which the lands so set apart are respectively situated:

LA.NDS. 8895 1905. Land and Agricultural Lands Purchas8 Amendment. Provided that, notwithstanding anything in this Act to the contrary, the decision of the said Agent-General or such other officer or person so appointed as a Commis- sioner with respect to any such application shall be final and without appeal, and it shall not be necessary to obtain approval by the Court of any application to select land which has been accepted by him. [131D. J When the application by any person to select Certificate by land has been accepted by the said Agent-General or ~ ~ : ~ ; l. the officer or person so appointed as a Commissioner, and the applicant has made all payments of money required by this Act, the said Agent-General or the officer or person so appointed as a Commissioner shall issue to the applicant a certificate in the prescribed form that the applicant is entitled to receive a license to occupy the land. Upon production of such certificate to the Commis- sioner of the District in which the selection is situated, at any time within six months after the date of issue, the applicant shall be entitled to receive from him the said license to occupy. [131E.] Any selector of an Agricultural Farm underpayment of the last preceding section who pays the passage money ~ ~ ~ : ; ~ of himself and of the members of his family from Europe to Queensland shall be entitled to receive a certificate from the Agent-General stating the amount so paid, and upon lodging such certificate with the Commis- sioner of the District in which the selection is ~ituated shall be entitled to be credited with the payment of such sum of money as is equal to the amount so paid, not exceeding seventeen pounds per statute adult, as if such sum had been a prepayment by him of rent and survey _ fee; and he shall not be called upon or be liable to pay any further instalment of rent or survey fee until the period covered by such prepayment has expired. Postponement of Rent. [131F.] (1.) Not"rithstanding anything to the contrary Relief to contam· ed'In thI' S A C t , the f 0 lolw' mg proVI.SI.Ons shaII be speolsetcptoonrsinbgy applicable to' selectors of Grazing Selections or of Agri- payment of cultural Selections (other than farms subject to "The rent. Agricultural Lands PU1'chase Acts, 1894 to 1901,"* or any Act amending or in substitution for those Acts, or any of them). * 58 Vic. No. 27, supra, palre 4988; 61 Vic. No. 13, supra, page 6223; and 1 Edw. VII. No. 9, supra, page 8133. ------ ---.- - ~-

8896 LANDS. Land and Agricultural J-ands Purchase Amendment. 5Enw. VII. No. 28, (2.) Any such selector may make application in writing to the Minister that the payment of his rent and prescribed instalment of the survey fee in respect of the second, third, fourth, or fifth year, or any two or three of such years, being consecutive, may be suspended. The Minister upon consideration of such application may, in his discretion, suspend the payment of such rent and survey fee accordingly for any such year or years not exceeding three years, whereupon the selector shall not be required to pay rent or any instalment of survey fee during such suspension, but the total amount of such rent and survey fee with interest thereon at the rate of four pounds per centum per annum, calculated from the times when the same respectively become payable, shall be distributed over the succeeding years of the term in accordance with the provision next hereinafter set forth, and the annual rent payable in respect of the selection durjug those years shall be increased accordingly. (3.) If such payments are suspended for three years~ the amount with interest shall be paid in nine yearly instalments, beginning with the year next after the expiry of the suspension, at the rate of two shillings and eight pence per annum for everyone pound of such amount. If such payments are suspended for two years, the amount with interest shall be paid in seven yearly instal- ments, beginning as last aforesaid at the rate of three shillings and four pence per annum for everyone pound of such amount. If such payments are suspended for one year, the amount with interest shall be paid in four yearly instal. ments, beginning as last aforesaid, at the rate of five shillings and six pence per annum for everyone pound of such amount. Reduction of penalties on 9. In section fifty of "The Pastoral Leases .Act of late payment 1869,"* as amended by section three of "The Pastoral of rent. Leases .Act of 1869 .Amendment .Act of 1900,"t the words "calculated as follows, that is to say-if the rent is paid within thirty days five per centum shall be added, if the rent is paid within sixty days seven and a-half per centum shall be added, and if the rent is paid after sixty days ten per centum shall be added" are repealed; also in subsec- tion six of section thirty, and in subsection five of section fifty-eight of "The Crown Lands .Act of 1884,"t and in * 33 Vie. No. 10, supra, page 1119. t 64 Vie No. 3, supra, page 7345. :t: 48 Vie. No. 28, supra, page 1137.

LANDS. 8897 1905. Land and Agrioultural Lands Purchase Amendment. subsection four of section eleven of "The Grown Lands Act of 1891,"* as amended respectively by section fifty- seven of "The LandAct, 1902,"t and in subsection six of section sixty-four, subsection two of section seventy- four, subsection four of section one hundred and thirty- two, subsection four of section one hundred and thirty- seven, subsection five of section one hundred and forty- nine, subsection six of section one hundred and fifty-six, . subsection four of section one hundred and fifty-nine, and subsection seven of section one hundred and sixty-four of the Principal Act, the words "calculated as follows, that is to say-if the rent is paid within thirty days five per centum is to be added, if the rent is paid within six ty days seven and a-half per centum is to be added, and if the rent is paid after sixty days ten per centum is to be added" are repealed; and the following words are respec- tively inserted in the said enactments in lieu of the words hereby repealed, namely: " equal to interest thereon at the rate of ten pounds per centum per annum for the period of default." 10. (1.) In section one hundred and thirty-three of ~men1~~ent the Principal Act, the words" other than a farm for which 0 s. . a lease has been received under the provisions of the seventy-second section of 'The Grown Lands Act of 1884'+ or an Unconditional Selection" are repealed. (2.) In subsection three of the said section, the words "specified by the Proclamation which declared the land open for selection" are repealed, and the words "which would be payable at such time by the lessee under section seventy-three of ' The Grown Lands Act of 1884'''+ are inserted in lieu thereof. (3.) The last paragraph of subsection four of the said section is repealed, and the following provision is inserted in lieu thereof:- . "The purchasing price which at the receipt of the notice as aforesaid would be payable under section seventy- three of 'The Grown Lands Act of 1884,'+ or the pur- chasing price as so reduced, shall be the price payable by the lessee applying to acquire the freehold as hereinafter provided." (4.) Any lessee of an Agricultural Farm, whose lease was issued under the snid section one hundred and thirty- three prior to the passing of " The Land Act, 1902,"t shall * 55 Vie. No. 19, supra, page 4288. t 2 Edw. VII. No. 18, supra, page 8313. :t 48 Vie. No. 28, supra, page 1137.

8898 LANDS. Land and Agricultural Lands Purchase Amendment. . 5 EDW. VII. No. 28, be entitled at any time, upon the surrender of his lease, to the issue of a new lease of his Farm under the said section as amended by "The Land .Act, 1902"*; the term of such new lease shall be twenty years, and shall be deemed to have commenced on the date when the surrendered lease commenced. A.mendment of s. 134 and 11. (1.) In section one hundred and thirty-foul' of repeal of the IJrincipal Act, the words "who has been the selector s.135. continuously for a period of five years," in the first para- graph, are repealed. 'l'he second, fourth, and fifth paragraphs of the said section are repealed, and the following provision is inserted in lieu thereof :- . Any applicant who obtains such certificate as afore- said shall, upon payment at the Treasury in Brisbane, or other place appointed by the Governor in Council, within two months after the date of the certificate or such other time as may be prescribed, of a sum calculated in accord- ance with the Fifth Schedule to this Act as payable during the respective years of the currency of the lease, together with the full amount of any instalments of rent or survey fees postponed and the deed fee and assurance fee, be entitled to a deed of grant of the land i~ fee-simple. (2.) Section one hundred and thirty-five of the Principal Act is repealed. (3.) The following Schedule is inserted in the Principal Act as the Fifth Schedule thereof :- SCHEDULE V. AMOUNT TO BE PAID DURING ANY YEAR· AFTER THE FIFTH TO MAKE AN AGRiCULTURAL FARM FREEHOLD IN RESPECT OF EACH £lOO OF THE PRESCRIBED PURCHASING PRICE. During 6th year " " " " " " " 11119871028ttttttthhhhhhh " " " " " " " £ s. d. 62 18 2 During 14th year 61 19 61 0 60 1 59 1 58 0 56 19 55 18 8 8 2 2 8 8 2 " " " " " " " 11112126580971ttttttshhhhhht " " " " " " " £ s. d. 54 16 2 53 13 7 5~ 10 5 51 6 8 50 :l 4 48 17 5 47 11 10 50 0 0 Amendment 12. In sections 136A and 136B of the Principal Act, aonf dss1. 3163B6A. after the words" first day of January, one thousand nine hundred and four," the words" or subject to the approval of the Minister at any time thereafter" are inserted, and I< 2 Edw. VII. No. 18, supra, page 8313.

LA-;\"DS. 88H9 1905. Land and Agricultural Lands Purcha$e Amendment. ihe said sections shall be read and construed as if the said words were respectively inserted therein upon the enactment thereof by section forty-one of " The Land Act, 1902."* 13. In subsection one of section one hundred and fifty- ~men~ ~ ent ihree of the Principal Act, the words "two thousand five 0 s. 1 . hundred and sixty acres" are repealed, and the words "four thousand acres" are insertfld in lieu thereof. 14. (1.) Subsection five of section one hundred and ~ me~ ~ ~ ent nfty-nine of the Principal Act is repealed, and the following 0 s. . 'Subsection is inserted in lieu thereof :- (5.) At any time during the term of the lease the lessee may pay at the Treasury in Brisbane, or other place appointed by the Governor in Oouncil for the payment of the rent, a sum calculated in accordance with the Sixth Schedule to this Act as payable during the respective years ()f the currency of the lease, together with the full amount of any survey fees postponed and the deed fee and assur- ance fee, and shall thereupon be entitled to a deed of grant of the land in fee-simple. (2.) The following Schedule is inserted in the PrinCipal Act as the Sixth Schedule thereof:- SCHEDULE VI. AMOUNT TO BE PHD DUllING ANY YEAR '1'0 MAKE AN UNCONDITIONAL SELECTION FRKEHOLD IN ItESPECT OF EACH £100 OF THE PRE- SCRIBED PURCHASING PRICE. During 1st year " " " " " " " " " 1239078564nrttttttthhhhdhhhd " " " " " " " " " £ 8. d. 74 17 11 71 15 4 68 11 3 65 5 6 61 18 2 58 H I 54 18 4 51 5 9 47 11 5 43 15 2 During 11th year " " " " " " " " 1111111184956723tttttttthhhhhhhh " " " " " " " " £ 8. d 39 17 1 35 17 0 31 14 U 27 10 10 23 4 7 18 16 2 14 5 7 9 12 9 4 17 7 15. After section one hundred and sixty-one of the Principal Act, the following sections are inserted under the following heading ;- Conversion of Agricultural HO'Inesteads. acqUI. [ r1e6d1AW. ] . IthAounyt asneyleccotomrpoetfI.taI.OnnAugnrdiceurlttul lI ' r S al AHcotmmflasyteaad t H A Coo g nm r : w vee u sr l ts t ei u oa r nd al of any time, upon obtaining ~ - the permission of the Minister,IA n · g to rw . u It ura I * 2 Edw. VII. No. 18, supra, page 8313. Farm.

8900 LANDS. .Land and A.qriculiural.Lands Purchasc Amcndmcnt. 5 EDW. VII. No. 28~ surrender the license or lease, and shall upon such sur- render be entitled to a license or lease of the land as an Agricultural Farm under this Act. rl'he term of every such lease shall be deemed to have commenced at the date when the surrendered term commenced, and the rent pay- able shall be the rent fixed for the land as an Agricultural Farm by the Proclamation declaring the land open for selec- tion; the selector shall, before the issue of any such license or lease, pay the amount of any difference in rent in respect of the period before the conversion of tenure. Conyel'sionof [161B.] Any selector of an Agricultural Homestead AHgormICesutletuardal acqUI • red Wl 'th. out any compet 1 'tI' On under t h I ' S A C t may at into . . any time, upon obtaining the permission of the Minister, USenlceocntidoitnI.Onal and' 1 f the 1and was proc la I ' med open forIsetec' IOn not on1y for Agricultural Selection but also for Unconditional Selec- tion, surrender the license or lease, and shall upon such surrender be entitled to a lease of the land as an Uncon- ditional Selection under this Act. The term of everv such lease shall be deemed to have commenced at the date" when the surrendered term commenced, and the rent payable shall be the rent fixed for the land as an Unconditional Selection by the Proclamation declaring the land· open for selection; the selector shall, before the issue of any such lease, pay the amount of any difference in rent in respect of the period before the conversion of tenure. Amendment 16. In the proviso to subsection one of section 1620 of of s. 1620. the Principal Act, the words" two mil~ s" are repealed, and the words "seven miles" are inserted in lieu thereof. A.mendment of s. 162E. 17. In subsection one of section 162E of the Principal Act, the word" fifteen," where it twice occurs, is repealed, and the word "thirteen" is respectively inserted in lieu thereof. In subsection two of the said section, the word" ten,". where it twice occurs, is repealed, and. the word" eight" is respectively inserted in lieu thereof. In the second paragl'aph of subsection one of the said section and in the second paragraph of subsection two where it last occurs, the word "five" is repealed, and the word" three" is respectively inserted in lieu thereof; also the words "one-fifth" are repealed, and the words" one- third" are respectively inserted in lieu thereof'. The following provision is added to the said section :-- " (3.) Notwithstanding the provisions hereinbefore contained, where the selector has in the case of a Prickly Pear Infested Selection before the

LANDS. 8901 1905. Land and Agricultural Lands Purchase Amendment. expiration of the tenth ye-ar, or in the case of a Prickly Pear Frontage Selection before the expiration of the fifth year, absolutely cleared the land of prickly pear, the selector may make application to the Commissioner in open court for a certificate to that effect. "If the Commissioner refuses to give the certificate, the applicant may, within the pre- scribed time, appeal to the Court from the decision of the Commissioner, and if the appeal is allowed the Commissioner shall give the certificate. "If such certificate is granted, the whole obligation of the selector in respect of the :first ten years or five years of the term, as the case may be, shall be deemed to have been fulfilled, and the second period of three years of the term shall be deemed to begin from the first day of January or July next succeeding the date of the certificate, and the whole term of the lease shall be shortened accordingly, and the performance by the selector during such shortened term of the conditions of the lease shall be deemed to be a sufficient perform- ance of conditions during the whole period." Any person who at the passing of this Act is the selector of' a Prickly Pear Selection shall be entitled to elect to take advantage of the foregoing provisions by giving notice in writing to the Minister, and such election shall be deemed to be a surrender of his existing lease, and he shall thereupon become entitled to a lease for a term of thirteen years or eight years, as the case may be, commenc- ing at the date of the commencement of the surrendered lease and subject to the provisions of this section. 18. The second paragraph of section 162G is repealed, Amendment and the following provision is inserted in lieu thereof:- of s. 162G. In the case of a Scrub Selection converted into a Prickly Pear Infested Selection, the term of the new lease shall be deemed to have commenced at the date when the surren- dered term commenced. In all other cases the term of the new lease shall commence on the first day of ,} anuary or the first day of July nearest to the date of surrender of the existing lease.

8902 LAXDS. Land and A.qricultural Lands Purchase Amendment. 5 EDW. VII. No. 28, 19. After section l62G of the Principal Act, the following sections comprised in the subdivisions mentioned are inserted :- Subdivision VIII.- Optional Purchases of Agricultural Farms. OpAupgrtrciihocanusaletluorafl herei [ n 1 b 6 e 2 f H or .] e ( c 1 o . n ) taNinoetdw, itahnstyansdeilnegctoarnyofofanthAe gprriocvuilstuiornasl Farm. }'arm may, within one week after he becomes entitled to receive a license to occupy the land, pay at the Treasury, in Brisbane, or other place appointed by the Governor in Council, a sum equal to the remainder of the purchase money and the balance of the survey fee. He shall thereupon become entitled to a lease of the land as an Agricultural Farm, and during the first five years of the term a peppercorn rent only shall be reserved. oCfoforfnobsrerfeqeauicetuhnrcoeef the l(e2a.s)e I i f saftoarnfeyitteidmefodrufrainilgurthe etsoaidpeprefroiromd oafnfyiveofyetahres conditions. conditions, the lessee shall have no right to be repaid any part of the purchase money paid by him as aforesaid. Prohibition (3.) The lessee shall not, during the said period of oofr mtraonrtsgfaegr e five years, mortgage, aSS.Ign, or transfer the 1ease 0 f h· IS for five years. right, title, or interest thereunder to any other person. Upon any such mortgage, assignment, or transfer, whether by operation of law or otherwise (except in case of the insanity of the lessee), the selection shall be forfeited, and the lessee shall have no right to be repaid any part of the purchase money. The provisions of this subsection shall not be con- strued so as to prohibit a mortgage to the Trustees of the Agricultural Bank. Interest on purchase money. [162J.] During the said period of five years the lessee, so long as he continues to perform the conditions of his lease, shall be entitled to receive from the Crown in every year simple interest, calculated at three pounds per centum per annum, upon the whole of the purchase money paid by him as aforesaid. :f Les. s~ edwhen [162K.] At the expiration of such period of five years ~ ~ ! ~ ; ~ant. the lessee, if the conditions of his lease have been per- formed, shall be entitled to a deed of grant of the land in fee-simple upon payment at the Treasury, in Brisbane, or other place appointed by the Governor in Council, of the deed fee and assurance fee.

LANDS. 8903 1905. Land and Agricultural Lands Purchase Amendment. [162L.] At any time within three months after the Less.ee may expir.a.tion of such period of five years the lessee, if the dpeucrhehnaese. condItIOns of his lease have been performed, may give notice in writing to the Minister that he does not desire to acquire the freehold of the land, whereupon he shall be entitled to be repaid the whole of the purchase money paid by him as aforesaid, less such sums as have been paid by way of interest thereon under the foregoing provisions. The giving of such notice by the lessee shall operate as a complete abandonment by him of all his right, title, and interest in or to all improvements upon the land, and of any claim or remedy whatsoever in respect of any work done by him upon the land; and all such improvements and the benefit of any such work shall vest in the Orown. Subdivision IX.-lnducernents to Destroy Prickly Pear and Erect Rabbit-proof }?ences on G1'azing Selections. [162M.] (1.) Any lessee of a Grazing Selection which Extension of is infested with prickly pear may make application in lGease~ of wrI. t.mg to t he M ~ m' I.ster that t he term 0 f hI' S 1ease may be Se r l a e z c m tio g ns in extended in consideration of his eradicating and destroying conside:-ati<:m a11 prl.Ckly pear from hI' S select'IOn and mam. ta.m.mg the ooff perriacdkIClyatIOn same free from prickly pear throughout the remainder of pear. the whole term as so extended. (2.) Every such application shall be referred for report to the Oommissioner for the district in which the selection is situated, and such Oommissioner shall report thereon to the Minister accordingly. (3.) The Minister in his discretion may thereupon refer such application and report to the Land Court, and the Court shall after inquiry recommend that such application shall be granted or refused. If the Oourt recommends that the application be granted such recom- mendation shall state the approximate area of the selection which is infested with prickly pear and the time within which such area ought to be cleared of prickly pear and the period for which the lease ought to be extended. (4.) 'The Minister may in his discretion adopt the recommendation of the Court, or may at any time again refer the application to it for further consideration. (5.) If the Minister adopts the recommendation of the Court to extend the term of the lease, he shall give the lessee notice to that effect. Such notice shall state- (a) The time within which the selection must be entirely cleared of prickly pear;

8904' LANDS. Land and .Agricultural Lands PurchaBtJ.Ame.ndment.5 EDW•. VII. No. 28, (b) The area which must be so cleared annually; (a) The period for which the lease will be extended. (6.) The lessee at any time within three months after receipt of such notice may give notice in writing to the Minister that he elects to take advantage of this section. (7.) 'l'hereupon during each year (commencing from the first day of January or the first day of .July nearest to the date of such notice of election) of the period during which the whole selection must be so cleared of prickly pear the lessee shall effectually eradicate and destroy prickly pear to the extent prescribed, so that at the expiration of such period the selection shall be cleared of prickly pear; and the lessee shall keep clear of prickly pear every .part of the selection which was not infested with or which has been cleared of prickly pear. If it is proved to the satisfaction of the Commissioner that the lessee has in any year failed to perform the condi- tion hereby imposed upon him, the Minister may declare the extension of the term of the lease absolutely forfeited. (8.) After the selection has been cleared of prickly pear as aforesaid, the lessee shall during the remainder of the term of the whole lease as so extended keep every part of the selection free from prickly p{ ' ~ r. If it is proved to the satisfaction of the Commissioner that the lessee has failed to perform the condition hereby imposed upon him, the Minister may (subject to the pro- visions in respect of forfeiture hereinbefore contained) declare the lease absolutely forfeited and vacated, and thereupon the selection shall revert to the Crown. (9.) The annual rent payable for the extended period shall be determined by the Court. Extension of [162N.] (1.) Any lessee of a Grazing Selection may lea.ses of make application in writing to the Minister that the term : ~ : ~ ~ ~ ! ns in of his lease may be extended for a period of seven years, in 0onsideration consideration of his enclosing his selection with a fence of ~ ~ o: b~! ~ ing. such character as to prevent the passage of rabbits and m~ , intaining the selection so enclosed throughout the remainder of the whole term as so extended. Any lessee of a Grazing Selection who has, prior to the first day of January, one thousand nine hundred and six, enclosed his selection with such a fence may make the like application. (2.) Every such application shall be referred for report to the Commissioner for the district in which the selection is situated, and such Commissioner shall report

LANDS. 1905. Laml and Agrioultural Lanas Puronase Amendment. there'On t'O the Minister acc'Ordingly, and, if such is the fact, shall certify that such fence has already been -c'Ompleted. (3.) The Minister in his discreti'On may thereup'On refer such applicati'On and rep'Ort t'O the Land C'Ourt, and the C'Ourt shall, after inquiry, rec'Ommend that such appli- cati'On shall be granted 'Or refq.sed. The C'Ourt, if satisfied -that the selecti'On is' n'Ot likely t'O be required f'Or the J>urp'Oses 'Of agricultural farm 'Or dairy farm settlement during the peri'Od 'Of extensi'On applied f'Or, shall rec'Om- mend that the applicati'On be granted, and shall, where .necessary, fix the time within which the selecti'On must be encl'Osed with such fence as af'Oresaid. (4.) The Minister may in his discreti'On ad'Opt the rec'Ommendati'On 'Of the C'Ourt, 'Or may at any time again -refer the applicati'On t'O it f'Or further c'Onsiderati'On. (5.) If the Minister ad'Opts the rec'Ommendati'On 'Of the C'Ourt t'O extend the term 'Of the lease, he shall give the lessee n'Otice t'O that effect. . (6.) Unless such fence as af'Oresaid has already been .c'Ompleted, the n'Otice shall state the time within which the selecti'On must be encl'Osed with such fence; if at any time bef'Ore the expirati'On 'Of the time stated in the n'Otice the lessee pr'Oves t'O the .satisfacti'On 'Of the C'Ommissi'Oner that such fence has been c'Ompleted, the C'Om.missi'Oner 'Shall issue t'O him a certificate t'O that effect. (7.) F'Orthwith after the date 'Of such n'Otice 'Or certifi- cate, as the case may be, the term 'Of the lease shall be extended f'Or the peri'Od 'Of seven years, subject t'O the f'Oll'Owing c'Onditi'Ons : - (i.) The lessee shall thr'Ough'Out the remainder 'Of the wh'Ole term as S'O extended maintain his selecti'On encl'Osed by such fence as af'Oresaid; (ii.) The annual rent payable f'Or the extended peri'Od 'Of seven years shall be determined by the C'Ourt; (iii.) If at any time it is pr'Oved t'O the satisfacti'On 'Of the C'Ommissi'Oner that any part 'Of such fence has fallen into disrepair S'O as to be n'O l'Onger sufficient t'O prevent the passage 'Of rabbits, and that the lessee has wilfully failed t'O repair the same, the Minister may (subject t'O the provisions in respect of forfeiture hereinbefore contained) declare the lease abs'Olutely f'Orfeited and vacated, and thereup'On the selecti'On shall revert t'O the Cr'Own. 8905

8906 LANDS. Land and .A,qricultural Lands Purchase Amendment. 5 EDW. VU. No. 28~ (8.) 'fhe provisions of this section shall not extend to· any lessee of a Grazing Selection who is required by the conditions of his tenure to erect and maintain such fence as aforesaid. Remission of [1620.J In any case where a lessee of a Grazing Selec- rGernatzoinfg tion expends money after the first da " y of January, one- Selections thousand nine hundred and six, in the erection of rabbit-- u o fPoWn. Ireerection proof wire netting on the boundaries of his selection, the netting. Minister may in his discretion remit such proportion of the annual rent payable during such part of the remainder- of the term as he thinks proper, not exceeding five per centum per annum of the amount so expended in the erection of such wire netting : Provided that in the case of any such remission of rent the lessee shall be bound, during the remainder of the term, to adopt such measures for the destruction of rabbits upon the holding as the Minister may from time to time direct, and that upon any default by the lessee in so doing the remission of rent may be cancelled by the Minister. The provisions of this section shall not extend to any lessee of a Grazing Selection who is required by the conditions of his tenure to enclose his selection with a fence of such character as to prevent the passage of rabbits. Amendm~nt 20. In section one hundred and seventy-three of the of s. 173. Principal Act, the words "three years" are repealed, and the words " ten years" are inserted in lieu thereof. The following provision is added to the section :- "If the time for payment is extended beyond six months from the time of the sale, all instalments payable at a later date shall bear interest at the rate of five pounds per centum per annum from the time of the sale." Amendment 21. In the first paragraph of section one hundred and of s. 188. eighty-eight of the Principal Act, the words "twenty-five acres" are repealed, and the words "fifty acres" are inserted in lieu thereof; also the proviso to the said section is repealed. The following provision is added to the said section : - / "Leases of land may be issued to any Local Authority under the provisions of this section, and in such case the Local Authority may, with the consent of the Minister, sublet the whole or any part of the land so leased for such term not exceeding the term of the lease and subject to the lease upon such conditions as it shall think fit."

LANDS. 8907 1905. Land and Agricultural Lands Purchase Amendment. 22. After section one hundred and eighty-eight of the Principal Act, the following section is inserted :- [188A.] 'fhe Governor in Council may issue leases of Specialleases any country lands now or hereafter to be reserved for ?fr:eres'th public purposes under this Act which are or may become ~ e; ~ s~ &:'1 infested with noxious weeds or plants, or with scrub, for such term not exceeding thirty years, and upon such conditions as to rent and otherwise as the Governor in Council may think fit: Provided that every such lease shall be subject to· the following conditions, namely:- (i.) To ta,ke such reasonable steps and meaSUres for the extirpation and destruction of all noxious weeds and plants and scrub upon the land. as the Minister may from time to time direct; (ii.) '1'0 hold the land so that the same may be used for the public purpose for which it was reserved without undue interruption or obstruction. If at any time it is proved to the satisfaction of the Commissioner thl1t the lessee has failed to p.erform the conditions hereby imposed upon him, the Minister may (subject to the provisions in respect of forfeiture herein- before contained) declare the lease absolutely forfeited and vacated. 23. After section two hundred and twenty-one of the Principal Act, the following section is inserted : - [221A.] A road or part of a road which traverses Closure of Crown lands, and which is not required for public use or roads in other convenience, may be closed by the Governor in Council by cases. Proclamation after such inquiry and public notice as he thinks advisable, and thereupon the area comprised in such road or part thereof shall be and remain Crown lands subject to this Act. 24. In the surveying of roads through Crown lands Maximum a gradient of one foot in fourteen feet shall be the gradient of maximum gradient allowed, except in any special case roads. where the Minister, after due inquiry, is satisfied that it is not reasonably practicable to secure such a gradient, and certifies accordingly.' 25. (1.) In the first paragraph of section two hundred Stock routes. and thirty of the Principal Act, after the words "travelling stock," the words" or along any road declared under any .Act to be a stock route" are inserted. F

8908 LANDS. Land and Agricultural Lands Purchase Amendment. 5 Enw. VII. No. 28, (2.) In the first paragraph of section sixty-two of " The Pastoral Leases Act of 1869,"* after the word "travelling," the words "or along any road declared under any Act to be a stock route" are inserted. Amendment 26. (1.) In subsection two of section two hundred and ~ ; ~ \ ! ~ 1236. thirty-one of the Principal Act, the words" or for sale as firew?od " are repealed. (2.) In section two hundred and thirty-four of the Prin- cipal Act, the words "of not more than five pounds" are repealed, and the words "not exceeding twenty pounds" .are inserted in lieu thereof. (3.) In section two hundred and thirty-six of the Prin- cipal Act, the words "by residing" are repealed, and the words "or is found residing thereon" are inserted in lieu thereof; the words " other than firewood not cut or removed for the purpose of sale shall be liable, on conviction, to a penalty not exceeding five pounds for the first offence, and not exceeding ten pounds for the second offence, and not exceeding twenty pounds for the third or any subsequent offence" are repealed, and the following words are inserted in lieu thereof: "shall be liable to a penalty not exceeding twenty pounds. Any person who unlawfully cuts or removes firewood on or from any Orown lands or other lands as aforesaid shall be liable to a penalty not exceeding five pounds." Amendments of " The Land Act, 1902."t Amendment ~ 27. (1.) Notwithstanding the provisions of section Q£ ss. 6,8, and six or section fourteen of "The LandAct, 1902,"t the 14. time within which any lessee of any holding in either of the said sections referred to may make application for the classification thereof under the said Act is hereby extended t? the first day of March, one thousand nine hundred and SIX. (2.) Notwithstanding the provisions of section eight or section fourteen of the said Act, the time within which notice of election to take advantage of the said Act may be given with respect to any holding classified thereunder is hereby extended to the thirtieth day of June, one thousand nine hundred and six. (3.) Provided that the respective times within which application for classification may be made, and notice of election given, may be extended by the Governor in 33 Vie. No. 10, 8upra, page 1119. t 2 Edw. VII. No. 18, 8upra, page 8313.

LANDS. 8909 1905. Land and Agricultural Lands Furclta/j8 Amendment. Council in any particular case where the omission to ma1}e such application or to give such notice is shown to have occurred through inadvertence. (4.) The following provision is added to subsection five of the said section eight:- "When in any such case the terms of the existing pastoral leases will expire on different dates, an adjust. ment so as to bring all such le-ases to a uniform term, and to settle all consequent matters requiring adjustment, may be made by the Minister with the consent of the lessee." 28. The following provision is added to subsection Amendment two of section ten of "The Land Act, 1902 "'" : - e£ s.lO. "Subject to the provisions of the next succeeding section and of section 15A of this Act, the annual rent for each period after the first shall not exceed the annual rent payable for the next preceding period by more than Qne-half of the annual rent payable for such preceding period." 29. In section eleven of" The Land Act, 1902,"* after Amendment the word" GoYernment," the word.s " or extensive mineral of s. 11. developments occur" are inserted, but without prejudice to the rights of any person who is a lessee of a holding at the date of the passing of this Act. 30. After section fifteen of " The Land Act, 1902,"* the following sections are inserted:- [15A.J (1.) The Governor in Council may from time!,ease8ofl~d to time authorise the grant of a lease under this Part of mf~ 8tetl Wlth • . • nOXIOUS thIS Act of any Crown lands which are infested with rabbIts animals or or other noxious animals or with noxious weeds or plants. plants. (2.) All the provisions of the last preceding section and of this Part of this Act, so far as the same are applicable, shall apply to a holding under this section and to the lease thereof except as hereby modified. (a.) Every such lease shall be subject to the following provisions, namely :- (it) During the first period of ten years the rent payable shall be either nominal or such rent, to be specified in the notification in the Gazette declaring the land open for lease, as will en· courage the tenant during such period to execute the improvements and do the works necessary • 2 Edw. VII. No. IS, 8upra, page 8313.

8910 Land and Agricultural Lands Purchase Amendment. 5 EDW. VII. No. 28, for the destruction and prevention of the increase of noxious animals or weeds or plants upon the land, as the case may be. (b) The rent payable for the second and each succeeding period shall be determined by the Court in accordance with this Act without reference to the amount of rent payable during such first period. (a) During such first period the lessee shall erect such fences for preventing the passage of rabbits or other noxious animals and shall take such other steps for the destruction of them as the Minister may from time to time direct, or if the land is infested with noxious weeds or plants shall take such steps and execute such works for the eradication and destruction of the same as the Minister may from time to time direct; and during the whole term of the lease the lessee shall maintain all fences 401' preventing the passage of rabbits or other noxious animals, and shall take such steps for preventing the increase of such animals or weeds or plants, as the case may be, as the Minister may from time to time direct. Or, in lieu of the said provisions, the Minister, with the approval of the Court, may, in any particular case, prescribe what provisions, covenants, and stipula- tions shall be contained in the lease, having due regard to the objects sought to be attained by the granting of such lease. LandsmBybe [15n.] (1.) The Minister may by notification in the set fP~ rt for Gazette declare that the whole or any specified portion of ; = i~ ~i~ the lands referred to in such notification shall be open for Great Britain, lease under either of the two last preceding sections &0. exclusively by applicants in Great Britain and Irelnnd, or in any other country or State, under the provisions herein- after contained. ~ uch lands may be so declared open either for an indefinite period or for such period as may be fixed by the notification; if no such period is fixed a period may be fixed, or if such period is fixed it may be extended, by any subsequent notification. (2.) Applications for leases shall be lod,ged with such officer of the Department of the A gent-General for Queensland in London as he may designate for that pur- pose, or such other officer or .person. as the Governor in

L~ NDS. 8911 1905. Land and A...r;rieultural Lands Purchase Amendment. Council may appoint; and the said officer or person shall perform all the duties of, and shall for all purposes of this Act. relating to such applications be deemed to be, a l~ nd :agent for all Districts in which the lands so open for lease :are respectively situated. (3.) The s~ id Agent-General, or such other officer or person as the Governor in Council may al)point for the purpose, shall perform all the duties of, and shall for all purposes of this Act relating to such applications be ,deemed to be, a Commissioner for all Districts in which the lands so open for lease are respectively situated: Provided that, notwithstanding anything in this Act to the contrary, the decision of the said Agent-General or the officer or person so appointed as a Commissioner with respect to any such application shall be final and without appeal. . (4.) ""hen any such application has been accepted by the said Agent-General or the officer or person so appointed :as a Commissioner, and the successful applicant has made all payments of money required by this Act, the said Agent-General or the officer or person so appointed as a Commissioner shall issue to him a certificate in the pre- scribed form that he is entitled to a lease of the land. Upon production of such certificate to the Minister at any time within six months after the date of issue, the ,successful applicant shall be entitled to the said lease. [150.] In any case where a lessee of a holding under Remission of this Part of this Act expends money after the first day of ~ : : ~ t~ ~ O~ f ,January, one thousand nine hundred and six, in the wire netting. ,erection of rabbit-proof wire netting on the boundaries of his holding, the Minister mayin his discretion remit such proportion of annual rent payable during such part of the remainder of the term as he thinks proper, not exceeding five pounds per centum per annum of the amount so ,expended in the erection of such wire netting: Provided that in the case of any such remission of rent the lessee shall be bound, during the remainder of the -term, to adopt such measures for the destruction of rabbits upon the holding as the Minister may from time to time -direct. [15D.] Any lessee may at any time surrender a leaSeRightto granted under this Part of this Act upon giving to the surrendel". Minister one year's notice in writing of the intention to :surrender, or paying one year's rent in advance in lieu of notice, and upon paying all moneys due to the Crown by

8912 LANDS. n. Land and Agricultural Lands Purchase Amendment. 5 Enw. V No. 28. way of. rent or otherwise in respect of the holding up to- the date of the surrender. Such surrender shall have the effect of vesting in the Crown all improvements then existing upon the holding. . . oAfm8e.1n8d. ment eight 3 o 1 f . sTechteionfoelliogwhtienegn poafra"g T r h a e ph La is nd ad A d ~ e t d , 1to90s2u" b * se : c - tion (v.) And so far as practicable any lands which the- lessee has, under the existing lease or under a prior lease, improved by eradicating zamia,. desert poison bush, or prickly pear therefrom, in accordance with the Commissioner's permis- sion, shall be excluded from the resumption. But this rule may be departed from, in whole or in part, if the lessee so agrees, or if the Court determines that the resumption cannot otherwise be made effectively, or if it appears to the 'Court to be necessary in the public interest so to do. Amendment 32. (1.) In subsection one of section forty-four of oAfcst. o 4 f 4 1o9f02. " The Land Act, 1902,"* the words" less than for a period of ten years nor" arA repealed. (2.) Where the Court has already considered an<t reported upon the request of a lessee of a Grazing Selec- tion for an extension of lease under the said section, and has not recommended any extension on the ground that the lease could not be extended for a less period than ten years, the Court may, upon the application of the lessee,. reconsider the matter, and, if it thinks proper so to do, make a fresh recommendation, which shall be acted on accordingly: Provided that, if the rent of any such Grazing Selection has been redetermined in pursuance of section forty-eight. of the said A.ct, such redetermination shall be treated as a nullity when the lessee makes an application as herein provided, and the Court, when reconsidering and reporting- upon the matter, shall determine the rent afresh. Extension of 33. At any time before the thirty-first day of March•. 8 be .4 n 4 eftiot of one thousand nine hundred and six, any person who on licensees. the first day of January, one thousand nine hundred and four, was the licensee of any Grazing Selection held under the Principal Act or under the A.cts thereby repealed under a license which might have been merged in a lease commencing on or before the first day of July, one thousand 2 ~ dw. VII. No. 18, 8upra, page 8313.

LANDS. 8913 1905. Land and Agricultural Lands Purchase Amendment. nine hundred and two, may make a request in writing to the Minister for an extension of the term of the lease of the selection. All the provisions of section forty-four of "The LandAct, 1902,"* shall thereupon be applicable to such request and to the selection referred to therein: Provided that if the rent of a Grazing Selection held under a license has been redeterm~ned in pursuance of section forty-eight of the said Act, such redetermination shall be treated as a nullity when the licensee makes a request, as herein provided, for an extension of the term of the lease; and the Court when considering and reporting upon such request shall determine the rent afresh. 34. Notwithstanding anything to the contrary con- Extension of tained in the Principal Act or any Act thereby repealed, relief afforded lessees of Agricultural Farms (other than farms subject to ra~ d~ c~ ; " The Agricultural Lands Purchase Acts, 1894 to 1901 "t) 1902. aud Grazing Selections held under any of such Acts, who- (a) Were such lessees on the first day of January, one thousand nine hundred and three; and (b) At the passing of this Act have made default in the payment of rent under their respective leases; and (c) Have not obtained the relief extended to selectors by section forty-seven of " The Land Act, 1902" *; and (d) Before the thirty -first day of March, one thousand nine hundred and six, make applica- tion to the Minister for permission to take advantage of the benefit of this section; shall, with the approval of the Minister, be entitled to the same relief as was extended to selectors under section forty-seven of " The Land Act, 1902"*; and for that pur- pose the provisions of the said section shall be read and construed as if for the date thirty-first day of March, one thousand nine hundred and three, therein mentioned and referred to, the date thirty-first day of March, one thousand nine hundred and six, were mentioned and referred to, and as if for the date thirty-first day of March, one thousand nine hundred and four, therein mentioned, the date thirty- first day of March, one thousand nine hundred and seven, were mentioned. * 2 Edw. VII. No. 18, supra, page 8313. t 58 Vie. No. 27, $upm, page 4988; 61 Vie. No. 13, supra, page 6223; and 1 Edw. VII. No. 9, supra, page 8133.

e914 LANDS. Land and A.gricultural Lands Purcnase A.mel/(ll1zent. 5 Enw. VII. No. 28, Revision of 35. At any time before the thirty-first day of March, , rseenletsc. tors' one thousand nine hundred and six, any person who on the first day of July, one thousand nine hundred and three, was the lessee (or holder of a license which might have merged into a lease) of any Grazing Selection held under the Principal Act or under the Acts thereby repealed, comm~ ncing on or before the first day of .July, one thousand nine hundred and two, may make a request in writing to, the Minister for a revision of rent of the selection. Extension of If the Minister approves, all the provisions of section * bs.e 4 n 8 e , fiLt aonfd forty-eight of " The Lo.nd Aot, 1902," shall be applicable Act, 1902. to such request and to the selection referred to therein, notwithstanding that the licensee or lessee himself or predece~ sor in title may not, as provided in that section, have been in possession of the selection for at least three years: Provided that if the lease of the selection has been extended in pursuance of section forty-four of "The Land Aot, 1902," * such extension of lease shall be treated as a nullity when the licensee or lessee makes a request as herein provided for a revision of rent, and the Court, when considering and reporting upon such request, shall re- determine the terms of the lease afresh. Application of these provisions. Provisions for the IJestruotion of Priokly Pear. 36. The provisions of the five next succeeding sections shall be applicable to all lands now held or hereafter to be held under a lease or license from the Crown pursuant to any Act, and to all the pastoral tenants, lessees, licensees, and selectors for the time being of such lands, but shall not apply to lands held under occupation license or as a Prickly Pear Selection or Scrub Selection. All such lands are hereinafter referred to as holdings, and all such persons are hereinafter referred to as Crown tenants: Provided that the Minister may; with respect to any particular holding or class of holdings, make such modifications in the said provisions as he considers to be necessary and proper for carrying into effect the true objects thereof, and in particular may in his discretion remit such proportion of the annual rent during any part of' the term not exceeding five per centum per annum of the amount expended by the Crown tenant in the eradication and destruction of prickly peal' upon his holding, and all such modifications shall have full effect. • 2 Edw. VII. No. 18, supra, page 8313.

LANDS. 8915 1905. Land and Agricultural Lands Purchase Amendment. 37. It shall be the dutv of the Commissioner as soon Duty of .as may be after the passing ~f this Act and thereafter with qommis. respect to newly acquired holdings as often as occasion may SlOner. Tequire,to cause inspection to be made of all lands within his District, and to prepare a list of holdings classified .according to tenure, showing- (i.) All holdings which are free from prickly pear, and the names of the Crown tenants thereof; (ii.) All holdings which are infested with prickly pear, the names of the Crown tenants thereof, the estimated area so infested upon each hold- ing, and the capital value of each holding ascertained in manner hereinafter mentioned. 38. For the purposes of these provisions the capital Capital value, -value of each holding shall be ascertained as follows, ~ ~ ; ; ~ ~ i: : d. namely:- (L) In the case of holdings whereof the freehold may be acquired under any Act, either presently or at some future time, and either unconditionally or subject to the performance of conditions, the capital value shall be the price at which under such Act the freehold of such holding may be acquired, except that the capital value of an Agricultural Homestead shall be the price fixed for the land as an Agricultural Farm by the Proclamation declaring it open for selection; (ii.) In the case of holdings whereof the freehold cannot be acquired, the capital value shall be a sum equal to twenty times the rent payable in respect of the holding for the year one thousand nine hundred and four or (in the case of holdings newly acquired) for the first year of the term. 39. (1.) The Commissioner shall issue to the Crown Certificate tenant of each holding which is shown by such list to be ! hatt~ olfdintgd f ree from prlC. kl y pear a certI' ficate to that e ff ect. lsno ill es e . (2.) It shall be the duty of each Crown tenant of aDutyof holding with respect to which such certificate has been Crohntenan~ issued to maintain his holding free from prickly pear ! ~ ~ fi~ : : es~ c throughout the remainder of the term, and for that granted. purpose at all times to take all such steps and do all such works as may be necessary.

8916 LA:\DS. i Lrmd and Agricultural Lands Purchase Amendment. 5 Eow. VII. No. 28" If the Commissioner is satisfied that at any time during the said period the Crown tenant has, for the space of sixty days after written notice has been given by the Minister to the Crown tenant and the registered mort- gagee (if any) of the holding, calling for a compliance' with the requirements hereinbefore prescribed by this section, failed to take reasonable steps towards compliance· with such requirements, the Commissioner shall give a certificate to that effect; thereupon the lease of or other title to the holding, with all improvements thereon, may, at the discretion of the Governor in Council, be forfeited. Duty ~ f . 40. (1.) The Commissioner shall give to the Crown ~ so: ~ ~ f~ ~ t~ ~ r tenant of each holding which is shown by such list to be l:loldings. infested with prickly pear a notice that it is so infested, and requiring him forthwith to proceed to eradicate and destroy the same in accordance with the provisions of this section. ~uty of (2.) It shall be the duty of each Crown tenant of a on:f~ s~ ~ ~ ant holding infested with prickly pear to whom such notice holding. has been given to forthwith take all such steps and do all such works as may be necessary to eradicate and destroy all prickly pear upon his holding. But such Crown tenant shall not be bound to expend upon his holding for the above purpose a sum exceeding twenty pounds for every one hundred pounds of the ascertained capital value of the holding, and in ascertaining such expenditure all work done by the Crown tenant personally shall be assessed at the current rate of wages in the District for similar work. (3.) No Crown tenant shall be liable to a forfeiture of his holding under any of these provisions relating to the destruction of prickly pear if the Commissioner shall be of opinion that his failure or inability to eradicate prickly pear from his holding shall have been substantially caused by the existence of prickly pear on any Crown lands other than those held under lease or license (not being occupa- tion license) adjoining or in proximity to such holding. Penalty for default. 41. (1.) Subject to the next succeeding provisions, if the Commissioner is satisfied that the Crown tenant to whom such notice has been given fails within a reason- able time to comply with the requirements thereof, the Commissioner shall give a certificate to that effect; and thereupon the lease of or other title to the holding, with all improvements thereon, may, at the discretion of the: Governor in Council, be forfeited.

LANDS. 8917 1905. Land and Agricultural Lands Purchase Amendment. (2.) The Orown tenant of a holding may, upon the Assist~ n.ce by receipt of a notice under the last preceding section, the MIDlster. make application to the Minister that the expenditure to the amount aforesaid necessary for complying with the requirements of such notice shall be incurred by the Minister on his behalf, and that the said amount, together with interest thereon at the rate of five pounds per centum per annum, shall be distributed over the succeeding years of the term and become payable in equal instalments as an addition to and part of the annual rent for the time being. The Minister may approve of any such application, and such annual rent during those years shall be increased accordingly. (3.) Upon the approval of the Minister of any such application, the Minister shall cause the work of eradi- cation and destruction of prickly pear upon the holding to be carried out on behalf of such Orown tenant, and shall expend, out of any moneys appropriated by Parliament for the purpose, a sum not exceeding the amount required to be spent by the Orown tenant under this section. And the Orown tenant shall permit all persons authorised by the Oommissioner in that behalf to enter upon the holding and remain thereon for such time as may be necessary. (4.) If the sum so expended by or on behalf of the Ohligation. Orown tenant as last aforesaid is sufficient to render the ~ : : 1~ ~ ~ 1~ ~ ~ ~ holding entirely free from prickly pear, then such Orown entirely freed , tenant shall be entitled to receive a certificate to that from the pest. effect, and thereafter the obligation and liability of the Orown tenant of such holding with respect to prickly pear shall be the Same as if a certificate of freedom from prickJy pear had been issued in the first instance as herein- before provided. (5.) If the sum so expended by or on behalf of the Obligation Orown tenant is JlOt sufficient to render the holding ~ : se~ ~ : : ~ ding entirely free from prickly pear, then the Oommissioner'partly freed shall give to the Orown tenant a notice to that effect, and !~ ~~ the shall describe in such notice the part of the holding which is free from prickly pear and the part which remains infested therewith. It shall be the duty of the Orown tenant to whom such notice has been given, throughout the remainder of the term, to maintain the part of his holding which is free

8918 LANDS. Land and Agricultural Lands Purchase Amendment. 5 EDW. VII. No. 28, from prickly pear in the same condition of freedom, and for that purpose at all times to take all such steps and do all such works as may be necessary. And if the Crown tenant has failed to satisfy the Commissioner that he has observed all the foregoing pro- visions the same consequences shall follow with regard to the liability to and procedure towards forfeiture of the holding as is provided for by section thirty-nine of this Act. General. ..Amendment 42. Notwithstanding the provisions of "The Prickly oflEdw. VII. Pear Selections Ad of 19tH," * where the selector of a No. 11. selection under that Act has, before the expiration of the first seven years of the lease, absolutely cleared the whole land of prickly pear, he may make application to the Commissioner in open court for a certificate to that effect. If the Commissioner refuses to give the certificate, the applicant may, within the prescribed time, appeal to the Court from the decision of the Commissioner, and if the appeal is allowed the Commissioner shall give the certificate. If such certificate is granted, the whole of the bonus remaining unpaid shall forthwith become payable to the selector, and shall be paid by the Commissioner accordingly. Moreover, the whole obligation of the selector in respect of the first seven years of the term shall be deemed to have been fulfilled, and the second period of three years shall be deemed to begin from the first day of January or July next succeeding the date of the certificate, and the whole term of the lease shall be shortened accordingly, and the performance by the selector during such shortened term of the conditions of the lease shall be deemed to be a sufficient performance of conditions during the whole period. Amendment 43. (1.) The following subsection is added to section -; 1 ~: w.vn. two of " The Speoial Agriouttu,ral Selections Act of 1901" t 0.. as amended by " The Special Agricultural Selections Act of 1904" ~ ; and the said section shall be read and construed as if the said subsection were inserted therein at the date of the passing of .the said last-mentioned Act ;- (5.) During the first five years of the term of the lease of an Agricultural Farm selected under this Act, the condition of occupation shall be performed by the *' 1 Edw. VII. No. 11, supra, page 8147. t 1 Edw. VII. No. 12, supra, page 8150. :t 4 Edw. VU. No. 12, supra, page 8726.

LANDS. 891\) 1905. Land and Agricultural Lands Purchase Amendment. continuous and bona fide personal residence of the lessee on the selection; and subsection DA of section one hundred and thirty-two of the Principal Act shall accordingly be applicable. (2.) The following amendments are made in sections two and three of the said Act, namely;- In subsection one of section two, after the words " Agricultural Farms," where those words first occur, the words "or as Prickly Pear Selections" are inserted. In the third paragraph of the said subsection, the words "No Agricultural Farm to be selected under the provisions of this Act shall exceed six hundred and forty acres" are repealed. After the third paragraph of the said subsection, the following provision is inserted ;- " No Prickly Pear Selection to be selected under the provisions of this Act shall exceed two thousand five hundred acres." In the fourth paragraph of the said subsection, the words "a period of three months and no longer" are repealed, and the words "such time as may be declared by Proclamation" are inserted in lieu thereof. In the fifth paragraph of the said subsection, the words "period of three months" are repealed, and the word "time" is inserted in lieu thereof. In subsection two of the said section, the words "or two or more farm s under the provisions of this Act the aggregate area of which is greater than six hundred and forty acres" are repealed. The following words are added to subsection two of the said section; "or two or more Pricklv Pear Selections under the provisions of this Act, the aggregate area of which is greater than two thousand five hundred acres." In subsection three of the said section, the words "as Agricultural tielections" are repealed. The following provision is added to subsection four of the said section ;- 'rhe provisions of this subsection do not apply to Prickly Pear Selections. In section three, the word "Agricultural" before the word "Selections" is repealed. 44. (1.) Any person who, at the passing of this Amendment Act, has selected la.nd under " The Agricultu • ral Lands °t u f r A a 1grL a ic n udl- s Purchase Act,,!, 1894 to 1901," lI! and has paId the first Purchase t 58 Vie. No. 27, supra, page 4988; 61 Vie. No. 13, supra, page 6223; and 1 Edw. Acts. VII. No. 9, supra, page 8133.

8920 L\NDS. Land anilAgricultural Lanos Purchase Amenilment. 5 Enw. VII. No. 28, instalment or any rent other than the rent in respeet of the fifth or any subsequent year may elect to come under the provisions of this section, and such election shall have the effect of a surrender of his lease, whereupon he shall be enti~led to a fresh lease of the land for a term of twenty-five years, commencing at the date of the com- mencement of the surrendered lease, and the following provisions shall also be applicable :- (a) If he has paid the first instalment only, no further rent shall be payable until the fifth year, but for that year and subsequent years the rent payable shall be in accordance with· the rates specified in the table hereunder set out for everyone hundred pounds of the purchasing price; (0) If he has also paid the· rent in respect of the third year, no further rent shall be payable until the sixth year, but the amount payable for that year shall be at the rate of seven pounds nine shillings and four pence if the lease commenced on the first day of January, or seven pounds fifteen shillings and eleven pence if the lease commenced on the first day of July, for everyone hundred pounds of the purchasing price, and for subsequent years shall be in accordance with the rates specified in the said table; (0) If he has also paid the rent in respect of the third and fourth years, no further rent shall be payable until the seventh year, but the amount payable for that year shall be at the rate of six pounds fourteen shillings and ten pence if the lease commenced on the first day of • Jfoaunruapreyn, ceorif ste. hveenleapsoeucnodms mtwenocesdhoilnlinthges fairnsdt day of July, for everyone hundred pounds of the purchasing price, and for subsequent years shall be in accordance with the rates specified in the said table. (2.) In the case of any person who elects as aforesaid to come under the provisions of this section, the amount to be paid ~ pon acquiring the fee-simple of a Farm'before the expiration of the term of the lease shall be a sum equal to the amount then remaining unpaid in respect of the

LANDS. 1905. Land and L/..qricultural Lands Purchase Amendment. principal of the purchase money calculated in accordance with the rates specified in the said table in respect of every hundred pounds of the purchasing price. TABLE SHOWING THE PROPORTION OF PRINCIPAL AND INTEREST IN EACH ANNUAL INSTALMENT. Year of Payment. i Principal. I I Interest. 1st year 4253( itnrtthhhdd " " " " . 87tthh " " 190tthh " " 11th 12th 13th 14th 15th 16th 17th l1:lth 19th 20th 21st " " " " " " " " " " " 22222534ntrthhdd " " " " " ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... . . . . . . ... ... ... ... i £ s. d. ... 10 0 0 . .. . ,. ... ... ... '" ... ... . .. .. ... ... ... ,., ... 1 18 7 ... 3 14 5 ... 3 18 2 ... 4 2 1 ... 4 6 3 . .. 4 10 6 ... 4 15 1 .. 4 19 10 ... 5 410 ... ... 5 10 0 5 15 6 ... 6 1 4 ... 6 7 4 . . .. . . . . . 767 1037 744 ... 7 14 10 £100 0 0 £ s. . .. ... ... . .. 82 82 82 82 64 4 1:l 44 40 3 16 3 12 37 32 2 17 2 12 27 21 1 15 19 12 o 15 07 d. 7 7 7 7 0 2 5 6 4 1 6 9 9 7 1 3 3 0 3 3 9 £80 14 3 Total Payment. £ s. 10 0 ... ... ... 82 82 82 82 82 8 2 82 82 82 82 82 82 82 82 82 82 82 82 82 82 82 d. 0 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 7 £180 14 3 8921 LEGAL PRACTITIONERS. See SUPREME COURT.