Land Acts and Another Act Amendment Act of 1943 (7 Geo Vi No. 16) (Qld)

120 LANDS. Land Acts and Another Act Amendment Act. 7 GEO. VI. No. 16, LANDS. 7 ; ~ .oilI. An Act to Amend" The Land Acts, 1910 to 1941," LAN~ H~ CTS AND ANOTHER ACT AMENDMENT eaancd h I" . nThceer t Ral . anbbpiatr t A · lCc u t l sa, rs1. 913 to 1930," ACT OF 1943. [AsSENTED TO 29TH APRIL, 1943]. B E it enacted by the King's Most Excellent .Majesty, by and with the advice and consent of the Legis- lative Assembly of Queenslandin Parliament assembled, and by the authority of the same, as follows:- PART 1.- PRELIMINARY. PART L-PRELIMINARY. Short title. 1. (1.) This Act may be cited as "The Land Acts and Another Act Amendment Act of 1943." Parts of Act. 2. This Act is divided into Parts, as follows : - PART I.-PRELIMINARY; PART H.-AMENDMENTS OF "THE LAND ACTS, ]910 TO 1941" ; PART HI.-AMENDMENTS OF " THE RABBIT ACTS, 1913 TO 1930." PART 11.- AMENDMENTS L~ ~ ~ ' I~: s PART H.-AMENDMENTS OF " THE LAND ACTS, 1910 TO 1910 TO 194i." 1941." Construction 3. This Part of this Act shall be read as one with of Part 11. *" The Land Acts, 1910 to 1941," herein in this Part referred to as the Principal Act. tCitolell. ective colleTcthiveelPyrbinecicpitaeldAacst" a T n h d e t L h a is nd P A a c r t t s. o1f9t1h0is to A 1 c 9 t 4~ m . " ay Amendments of the Principal Act. Amendment 4. Section thirty-two of the Principal Act is of s. 32. amended as follows :_ (a) In the first paragraph of subsection one thereof the words" The Court may take evidence of its own motion if it thinks fit " are repealed. (b) The following paragraph is inserted after the first paragraph of subsection one thereof, namely;- "Except in any inquiry, investigation, or other proceedings by way of action between subject and subject the Court may, if it thinks fit, take evidence of its own motion." (c) Subsection 2A thereof is repealed. * 17 G. 5 No. 15 and amending Acts. See v. 5, pp. 15 et seg.

LANDS. 121 PART II.- 1943. Land Acts and Another Act Amendment Act. AMENDMENTS OF" THE - - - - - - - -- -- -- - -- - - - - - - - - llItN~ o ~ ~ ~ ~ . " 5. Subsection 9A of section thirty-five of the Repeal of Principal Act is repealed. s. 35 (9A). 6. The following proviso is added to subsection one Amendment of section one hundred and twenty-five of the Principal of s. 125. Act, namely :- " Provided further that, in determining the rent of any holding pursuant to the foregoing provisions of this subsection at any time after the passing of *" The Land Acts and Another Act Amendment Act of 1943," the Court shall not determine such rent at an amount less than the rent payable for grazing selections comprised of lands of similar quality in the same neighbourhood." 7. The following subsection numbered four is Amendment added to section one hundred and thirty of the Principal of s. 130. Act, namely :- " (4.) Any amount by way of penalty which a lessee or a lessee and any other person or persons is or are liable to pay to the Crown under subsection three of this section shall be a debt due to His Majesty and, if any lessee or other person so liable, dies before such debt has been paid to His Majesty, his estate shall be liable therefor. Where the lessee and another person or other persons, are so liable, such liability shall be joint and several." 8. (1.) This section shall come into operation on Section to and f~ om a dat~ to be appointed .by the ~over~or in ~ ~ ~ : ~ ~ ~ : na. CounCIl and notIfied by ProclamatIOn publIshed III the tion. Gazette. (2.) Section one hundred and ninety-eight of the Amendments Principal Act is amended as follows :_ of s. 198. (a) Subsections one, lA, two, and three thereof are repealed and the following subsections, numbered one to five, are inserted in lieu thereof, namely :- " (1.) (a) Notwithstanding anything in this Act or in any other Act or law, no owner or occupier of freehold land, or lessee or selector of any land otherwise demised by the Crown under this Act or any other Act or law, or holder of an occupation license, or other person whom· soever shall, except as hereinafter in this section provided * This Act.

122 LANDS. PART II.- AMENDMENTS OF" THE LAND AOTS, 1910 TO 1941." Land Acts and Another Act Amendment Act. 7 GEO. VI. No. 16, ringbark, cut down, fell, or destroy, or cause or allow to be ringbarked, cut down, felled, or destroyed, any tree situated within, or within forty-four yards of, the bed and banks of any watercourse: Provided that any owner or occupier of freehold land, or any selector of an Agricultural Selection, Prickly- pear Selection, Prickly-pear Development Selection or Unconditional Selection, or any lessee of land demised by the Crown under Part V. of this Act, or any lessee of a Miner's Homestead Perpetual Lease or Miner's Homestead Lease may, with the permit of the Commissioner- (i.) For the purpose of obtaining mill logs, girders, piles or other timber cut down or fell or cause or allow to be cut down or felled any tree situated within, or within forty-four yards of, the bed and banks of any watercourse where, in the opinion of the Commissioner, such tree is suitable and required for such purpose; or (ii.) For the purpose of clearing for cultivation any land within, or within forty-four yards of, the bed and banks of any watercourse (except land within the bed and banks as defined in *" The Water Acts, 1926 to 1942," or in any Act amending or substituted for that Act, of any watercourse) ringbark, cut down, fell or destroy, or cause or allow to be ringbarked, cut down, felled, or destroyed any tree situated on such land: Provided further that the Commissioner may, by endorsement upon a license granted by him under section one hundred and ninety-nine or section 199A of this Act, permit, subject to the provisions of the said section one hundred and ninety-nine or, as the case may be, section 199A, the holder of such license to cut down or fell any tree situated within, or within forty-four yards of, the bed and banks of any watercourse for the purpose of obtaining mill logs, girders, piles or other timber where, in the opinion of the Commissioner, such tree is suitable and required for such purpose. (b) Subject to the prohibition contained in paragraph (a) of this subsection- (i.) Any owner or occupier of freehold land; and * 17 G. 5 No. 12 and amending Acts. See v. 9, pp. 919 et 8eq.

LANDS. 123 PART 11.- 1943. Land Acts and Another Act Amendment Act. AMENDMENTS OF" THE - --- -- - -- - - - - - - - - - - - - - --- llltN~ o 1~ ~ ~ . " (ii.) Except during the first five years of the period of his lease, any selector of an Agricultural Selection, Prickly-pear Selection, Prickly-pear Development Selection, or Unconditional Selection, or any lessee of land demised by the Crown under Part V. of this Act, or any lessee of a Miner's Homestead Perpetual Lease or Miner's Homestead Lease, may cut down or fell or cause or permit to be cut down or felled trees on the land granted in fee-simple or other- wise demised to him by the Crown for the purpose of selling such trees or the timber obtained therefrom : Provided that any selector or lessee hereinbefore in this paragraph mentioned may, during the first five years of the period of his lease, with the permit of the Commissioner and subject to such terms and conditions, including payment to the Crown as the Commissioner shall impose, cut down or fell or cause or allow to be cut down or felled trees on the land demised to him by the Crown for the purpose of selling such trees or the timber obtained therefrom. (c) Subject to the prohib,ition contained in paragraph (a) of this subsection any owner or occupier of freehold land or any lessee or selector of any land otherwise demised by the Crown under this Act or any other Act or law, or any holder of an occupation license may, except in the Dase of a lease or occupation license of or over lands Domprised in a State Forest, National Park or reserve, for the purposes of the land granted in fee-simple or otherwise demised to him by the Crown, at any time Dut down or fell any trees thereon. (d) Except as permitted under or pursuant to the provisions of this subsection or of sections one hundred and ninety-nine or 199A of this Act, no owner or occupier of freehold land, or selector or lessee of any land otherwise demised by the Crown under this Act or any other Act or law, or holder of an occupation license shall, without the permit of the Commissioner, at any time ringbark, cut down, fell, or destroy, or cause or permit to be ring- barked, cut down, felled, or destroyed, or by any other means or process injure or prevent, or cause or permit to be injured or prevented, the growth of, any tree upon the land granted in fee-simple or otherwise demised to him by the Crown, nor shall any such person do or cause or permit to be done any such act as aforesaid contrary to the terms of any such permit.

124 LANDS. PART II.- AMENDMENTS OF" THE Land Acts and Arwther Act Amendment Act. 7 GEO. VI. No. 16. LAND ACTS, 910 TO 1941." - - - - - - - - - - - - - - - - - - - - - - - - (e) For the purposes of this section- (i.) The term" watercourse" includes any river, stream, or creek (whether subject to tidal influence or not) in which water flows in a natural channel either permanently, inter- mittently or occasionally; U;.) The term "bed and banks" means with reference to any watercourse the bed and banks thereof as defined in *" The Water Acts, 1926 to 1942" (or in any Act amending or substituted for that Act) and, where elevations or slopes of land contiguous to the bed and banks as hereiribefore in this para- graph defined of any watercourse confine or tend to confine the waters flowing in, into or out of such watercourse during the period of any flood or cyclone the term bed and banks shall include all land covered by the waters so confined or tending to be so confined. (f) The provisions of every other Act or law, except t" The Burdekin River Trust Act of 1940," and every other provision of this Act shall be read and construed so as not to limit the operation and effect of this subsection. No provision of this subsection shall authorise the cutting down, felling, ringbarking or destruction of any tree contrary to any prohibition imposed under or pursuant to t" The Burdekin River Trust Act of 1940." (g) All land, whether granted in fee-simple or otherwise demised by the Crown before, on, or after the passing of t" The Land Acts Amendment Act of 1943," shall be subject to the applicable provisions of this subsection. (2.) Notwithstanding anything in any other Act contained, a Local Authority or Joint Local Authority shall not (either as such Local Authority or, as the case may be, Joint Local Authority, or as the delegate of the Minister under §" The Stock Routes Improvement and Animal and Vegetable Pests Destruction Acts, 1936 to 1938" or, as a District Improvement Board) ringbaPk * 17 G. 5 No. 12 and amending Acts. See v. 9, pp. 919 et 8eq. t 4 G. 6 No. 5. See 1940 Sess. v., p. 17917. t This Act. § 1 E. 8 No. 8 and amending Acts. See V. 3, p. 128.

LANDS. 125 PART II.- 1943. Land Acts and Another Act Amendment Act. AMENDMENTS OJ!' "THB - - - -- - - - - - -- --- -- - -- - - - lJ" 1tN~ ~ ~ ~ . " cut down, fell, or destroy or cause or allow to be ring- barked, cut down, felled, or destroyed, any tree upon any road, reserve,or stock route without the permit of the Commissioner, nor shall it do or cause or allow to be done any such act as aforesaid in any manner contrary to the terms of such permit. (3.) Application to the Commissioner for any permit under this section shall be in the prescribed form, and shall specify the part or parts of the land with respect to which the permit is desired. The Commissioner may, after inquiry, refuse any permit applied for under this section or may grant it subject to the prescribed conditions or, if none are prescribed, subject to such conditions as he thinks fit. Any such permit may specify as a condition thereof the extent of trees to be left standing for shade, shelter, windbreak and/or other purposes on the land or on such part or parts of the land as may be defined in the permit. Any such permit may specify as a condition thereof the limit of time within which it shall be in force. A Commissioner may at any time revoke any permit issued under the provisions of this section in respect of his district, including any such permit issued under the provisions of this section in force prior to the coming into operation of this subsection of this Act. No appeal shall lie from any decision of the Commissioner under this subsection. (4.) Any owner or occupier of freehold land, any selector or lessee of any land otherwise demised by the Crown under this Act or any other Act or law, any holder of an occupation license, or any other person whomsoever shall be liable to a penalty of not less than one shilling nor more than ten shillings for every tree cut down, felled, destroyed, ringbarked or caused or permitted to be cut down, felled, destroyed, or ringbarked, or the growth of which has been injured or prevented or caused or permitted to be injured or prevented, by him contrary to this section. (5.) Every Local Authority or Joint Local Authority shall be liable to a penalty of not less than one shilling

126 LANDS. PART 11.- AMENDMENTS OF" THE Land Acts and Another Act Amendment Act. 7 GEO. VI. No. 16, 1JItN~ O ~ ~1~ ." - - - - - - - - - - - - - - - - - - - - - - - - and not more than ten shillings for every tree cut down, felled, destroyed, or ringbarked or caused or allowed to be cut down, felled, destroyed or ringbarked by it contrary to this section." (b) Subsections four and five thereof are respectively renumbered six and seven. (c) The following subsections, numbered eight and nine, are added thereto, namely ;- "(8.) The Minister may order any owner or occupier of freehold land, or any selector or lessee of any land otherwise demised by the Crown under this Act or any other Act or law, or any holder of an occupation license, or any Local Authority or Joint Local Authority, or any holder of a miner's right, or any lessee, permittee, or holder of an authority or licensee mentioned in sub- section seven of this section who or which has been convicted of cutting down, felling, destroying or ring- barking or of causing or permitting to be cut down, felled, destroyed or ringbarked any trees contrary to any provision of this section to replace such trees by such number and species of trees as are specified by the Minister in such order. Such order may direct the time within and the manner in which the number and species of trees specified therein are to be planted and also the period during which such lastmentioned trees shall be maintained by the person, or, as the case may be, the Local Authority or Joint Local Authority upon whom or which the order is made. Any person, Local Authority, or Joint Local Authority who or which fails to comply with any provision of an order made pursuant to this subsection shall be liable to a penalty of not less than ten pounds nor more than one hundred pounds. The Minister shall not have power to make an order under this subsection after the expiration of twelve calendar months from the date of conviction. (9.) The Commissioner or any land ranger or any person authorised in that behalf by the Minister may, for the purposes of this section, enter and inspect any land."

LANDS. 127 PART II.- 1943. Land Acts and Another Act Amendment Act. AMENDMENTS OF" THE ... - - - - - - - - - - - -- - --- --- -- -- 19~ tN~ O 1~ ~ ~ , 9. The following section, numbered 203A, is inserted New s. 203A after section two hundred and three of the Principal Act, inserted. namely;- "[203A.] No title to any land which has been eitherLimi~ t~ onof before, on or after the passing of *" The Land Act8 aocfqlUanIsdItI b O y n Amendment Act of 1943 " - possession. (a) Set out as a road under any Act or in connection with the alienation of Crown land; or (b) Left between Crown grants as a road or driftway; or (c) Reserved or dedicated under this Act or any other Act for or to any public purpose; or (d) Reserved in any Crown grant, or to any Crown land shall by reason of adverse possession be allowed to be asserted or established as against- (i.) The Crown; or (ii.) Persons holding such land III trust for any public purpose. Nothing in this Act shall affect the operation of any provision of t" The Real Property Act8, 1861 to 1942," or the title to any land which has in any proceedings to which the Crown has been a party been adjudged not to be Crown land. PART IlI.- PART III.-AMENDMENTS OF "THE RABBIT ACTS, 1913 A~ ~ N. ~ ~ ~ TS TO 1930." l~ t: ~ ~ t9~ Tt. \ . 10. This Part of this Act shall be read as one with Construction t" The Rabbit Act8, 1913 to 1930." of Part Ill. t" The Rabbit Act8, 1913 to 1930" and this Part of this Act may be collectively cited as " The Rabbit Act8, 1913 to 1943." 11. The following section, numbered 13A, is New s. 13A inserted after section thirteen of t" The Rabbit Act8, 1913 inserted. to 1930," namely;- "[13A.] An election of members shall be held beforeAnn~ 1 the thirty-first day of JUly , one thousand nine hundred e 1 l 9 e 4 c 3 tIoannsd for and forty-three on a day to be appointed by the Boardsubsequent * This Act. - - - - - - - - - years. t 25 V. No. 14 and amending Acts. See v. 8, pp. 163 et 8eq. t 4 Geo. 5 No. 7 and amending Acts. See v. 7, pp. 1180 et 8eq.

128 LANDS. PART 111.- A~ : N, ~ ~ ~ ~ TS Lands Acts and Another Act Amendment Act. 7 GEO. VI. No. 16, 1943. l~ t:~ ~ t9c3~\ ' - - - - - - - - - - - - - - - - - - - - - - - - and such election shall for all purposes of this Act be deemed to be the annual election next succeeding the election held on the day appointed by the Board before the thirty-first day of July, in the year one thousand nine hundred and forty-one. The annual election of members next succeeding the election held pursuant to the foregoing provisions of this section shall be held before the thirty-first day of July, one thousand nine hundred and forty-four, on a day to be appointed by the Board, and thereafter such election shall be held before the thirty-first day of July in every year on a day to be appointed by the Board." LANDLORD AND TENANT. See WAR LEGISLATION (LEASES (WAR DAMAGE) ACT}. LEASES. See WAR LEGISLATION (LEASES (WAR DAMAGE) ACT}. LIENS, POSSESSORY. See MERCANTILE LAW. LOANS TO LOCAL AUTHORITIES FOR AIR RAID SHELTERS. See WAR LEGISLATION (LOCAL GOVERNMENT (PUBLIC Am RAID SHELTERS) LOANS ACT}.