Land Acts and Other Acts Amendment Act of 1937 (1 Geo Vi No. 18) (Qld)

LABOUR-LANDS. 16753 ·1 GEO. VI. No. 18, 1937. Land Acts and Other Acts Amendment Act. 6. The following new section 14A is inserted' after New s. 14A. section fourteen of the Principal Act, as follows ;- " [14A.] Notwithstanding anything in any Act to No rt;d.uction the cont rary, where any person . IS con'vlCt ed 0 f any opfenmamltylm. um offence against this Act the penalty to be imposed in respect of such offence shall not be reduced below any prescribed minimum amount of penalty." LANDS. An Act to Amend" The Land Acts, 1910 to 1936," 1 ~ ~ ~ ' li? ' and Other Acts in certain particulars, and l~ s~~ ~ D . ~ c. or 0 ther purposes. OTHER ACTS AMENDMENT ACT OF 1937. [ASSENTED TO 18TH NOVEMBER, 1937.] B E it enacted by the King's Most Excellent Majesty, by and with the advice and co:t;lsent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. This Act may be cited as " The Land Acts and Short title Other Acts Amendment Act of 1937," and shall, so far as ~ ~ ~struction. any amendments of or references to *" The Land Acts, 1910 to 1936," are concerned, be read as one with" The Land Acts, 1910 to 1936," herein referred to as the Principal Act. The Principal Act and this Act mew collectively be C:o:lective cited as " The Land Act8, 1910 to 1937." tlt e. 2. In section four the definition of "Local ~ mendment Authorities Act" is repealed and the following definitions 0 s. 4. are inserted in lieu thereof, namely;- " " L G o o c v a e l rnm A e u nt tho A r c it t ies of A19c3t6" " - ( t a " nd The any Lo A c c a t l LAAocuctt.ahlorI. t.les amending .or in substitution for that Act) ; * 1 Geo. V. No. 15 and amending Acts, 8upra, pages 8775 et seq. t 1 Geo. VI. No. 1, sUT>ra, page 16035.

16754 LANDS. Land Acts and Other Acts Amendment Act. 1 GEO. VI. No. 18, Local Authority. "Local Authority"-A Local Authority con- stituted or deemed to be constituted under the Local Authorities Act: the term also includes Brisbane City Council constituted under *" The City of Brisbane Acts, 1924 to 1936 " (or any Act amending or III substitution for those Acts)." Amendment 3. Section nine of the Principal Act is amended of s. 9. by omitting the words " District Court Judge" occurring in subsection three and by inserting in lieu thereof the words" Judge of the Supreme Court." Amendment 4. Section twenty of the Principal Act is amended, of s. 20. as follows : - The following provisions are added to subsection one of the said section, namely : - [Land Court.] "The Governor in Council may also from time to time designate one of such members as President of the Land Court, and in that event such designation shall be indicated on the commission of appointment of such member: Provided that in the event of the appointment as member of the Land Court of the person holding, prior to the passing of t" The Land Acts and Other Acts Amend- ment Act of 1937," and also at the date of his appointment as such member the office of Chairman of the Land Administration Board, the Governor in Council shall designate such member so appointed as President of the Land Court, and such designation shall be indicated· on the commission of appointment as member of the Land Court of such person accordingly." Amendment 5. The following provisoes are added to section of s. 21. twenty-one of the Principal Act, namely:- [Salary " Provided that in the event of the person holding the office of Chairman of the Land Administration Board prior to the passing of t" The Land Acts and Other Acts Amendment Act of 1937," and also at the date of his appointment as member of the Land Court, being so appointed member of the Land Court and designated President of the Land Court as hereinbefore provided, * 15 Geo. V. No. 32 and amending Acts, snpra, pages 11140 et seq. t This Act.

LANDS. 16755 1937. Land Acts and Other Acts Amendment Act. such person shall, during his period of office as member of the Land Court, not suffer any diminution of that salary which he would have received if he had continued to hold office as Chairman of the Land Administration Board and had not been appointed a member of the Land Court, and such salary shall be the salary payable to such person, and the Consolidated Revenue is hereby appropriated accor~ngly : Provided further, that if in any case other than that of the appointment as aforesaid of the Chairman of the Land Administration Board it may seem fit to the Governor in Council to appoint a person, whether an officer of the Public Service or not, to be a member of the Land Court with the designation of President of the Land Court, such person shall during his continuance in office receive such alUlual salary, not being less than one thousand pounds nor more than one thousand five hundred pounds, as the Governor in Council may from time to time determine." 6. Subsection two. of section twenty-two of the Amendment Principal Act is amended by inserting after the first of s. 22. paragraph of the said subsection the following new paragraph, namely :- " Provided that in the event of the person holding the office of Chairman of the Land Administration Board prior to the passing of *" The Land Acts and Other Acts Amendment Act of 1937," and also at the date of his appointment as member of the Land Court, being so appointed member of the Land Court and designated President of the Land Court as hereinbefore provided, such person shall, subject to the provisions of section twenty-three of this Act hold such office until he attains the age of sixty-five years notwithstanding that his . period of appointment in that event would exceed fifteen years, and such person may be reappointed to hold such office until he attains the age of seventy years." 7. Section twenty-four of the Principal Act is Amendment. wamheernedetdhbosyethwe oinrdsesrtfioirnst.layfteor cthcuerw, oorfdst" heof twhoer d Csouarnt, d " [o f D e s. pu 2 t 4 y . . ]. brackets, namely :-" (including the member (if any) designated as President of the Land Court)." * This Act. L

" 16756 LANDS. Land Acts and Other Acts Amendment Act. 1 GEO. VI. No. 18, Amendment 8. Subsection two of section twenty-seven of the of s. 27. Principal Act is repealed and the following subsection two is inserted in Heu thereof : - New sub. section 2. (Matters may be- referred.] "(2.) The Court or any member thereof, or any member of the Court together with any member of the Land Administration Board, shall inquire into and report upon all such matters connected with the administration of this Act or any other Act in respect of whip,h the Minister is from time to time charged with the administration as are referred to the Court or any such member, or any member of the Court together with a member of the Land Administration Board, as the case may be, by the Minister or the Governor in Council. In the making of any such inquiry the Court or a member thereof or,'as the case may be, a member' of the Court, together with a member of the Land Administration Board shall have and exercise the powers, .authorities, jurisdiction, and protection of a commission under *" The Official Inq~ liries Evidence Acts, 1910 to 1929." " Amendment 9. Section thirty-two of the Principal Act is of s. 32. amended by inserting therein the following subsection 2A after subsectioIl two of the said section, namely:- New sub. "(2A.) Notwithstanding anything in this Act or in section 2A. any other law or any practice to the contrary- _. Court to be guided by equity and good conscience. (a) The Court in the exercise of any jurisdiction, duty, power, or function conferred or imposed upon it shall be governed in its procedure and in its decisions by equity, good conscience, and the substantial merits of the case, without regard to technicalities or legal forms or the practice of the other courts; and (b) The Court in the exercise of any such juris- diction, duty, power, or function shall not be bound by any rule or practice as to evidence, but may inform its mind on any matter in such manner as is deemed just; (c) The Court may accept, admit, and call for such evidence as in equity and good conscience- it thinks fit, whether strictly legal evidence or not. This subsection does not apply to proceedings in respect of off~ nces against this Act." * 1 Geo. V. No. 26 and amending Act, supra, pages 748 et seq.

1937. LANDS. Land Acts and Other Acts Amendment Act. 16757 10. (1.) Section thirty-five of the Principal Act is Amendment amended, as follows :_ of s. 35. (a) Subsection one is amended by omitting the words "District Court Judge" and by inserting in lieu thereof the words "Judge of the Supreme Court." (b) The following paragraphs are added to the said subsection one, namely :- " In the month of January in each veal', commencing Chief JustiDe with the month of January, one thous;},nd nine hundred ! ~ ~~ t~l Manidnisttheirrttv ~ h- eeirn c r o ahmt, ethoef oCnheieoff JtuhsetiJcuedgsehsallofntohteif • ySutporetmhee t SC ; u b pr : etmJ u ed ge Court at Brisbane (who may be either himself, or the member of .r Senior Puisne udge, or anyone of the Puisne Judges ~ ; p~ : lnd of the Supreme Court at Brisbane) who will be the Court. Judge of the Supreme Court to be the member of the Land Apneal Court in order to constitute the Land Appeal ~ dourt within the Southern Supreme Court District for that year, and it shall be the duty of the. Judge of the Supreme Court so named to be a member of the Land Appeal Court in order to constitute the Land Appeal Court accordingly: Provided that for the purpose of constituting the Land Appeal Court within the Northern Supreme Court District or within the Central Supreme Court District, the Northern Judge or the Central Judge, as the case may be, shall, without any notification from the Chief Justice to the Minister as aforesaid, be the Judge who shall be the member of the Land Appeal Court in order to constitute the Land Appeal Court within the Northern or Central Supreme Court District, respectiYely, and it shall be the duty of the Northern Judge or the Central Judge, as the case may be, to be the member of the Land Appeal Court in order to .constitute the Land Appeal Court accordingly: Provided further, that in the event of the Judge of the Supreme Court so named by the Chief Justice, or in the event of the Northern Judge, or the Centra] .Judge, as the case may be, being unable for any reason to be a member of the Land Appeal Court in order to constitute the Land Appeal Court, the Chief Justice shall from time to time notify to the Minister the name of another Judge of the Supreme Court to act in his place, and it shall be the duty of the Judge so named to act in his place accordingly.

16758 LANDS. Land Acts and Other Acts Amendm,ent Act. 1 GEO. VI. No. 18, 'When the Governor in Council deems it expedient, having regard to all the circumstances of the case, that any matter to be heard and determined by the Land Appeal Court, and whether in its original or in its appellate jurisdiction, should be- so heard and determined at a particular place he may, in his absolute discretion and notwithstanding anything contained in this Act or in any other Act or in any law or rule or process'of law to the contrary, by Order in Council appoint the place at which the Land Appeal Court shall hear and determine such matter, and thereupon, and in every such case, the matter concerned shall be heard and determined by the Land Appeal Court at the place so appointed, and the Judge of the Supreme Court to constitute the Land Appeal Court for the purposes of the hearing and determination thereof shall, according as the place so appointed as aforesaid is within the Northern Supreme Court District, or the Central Supreme Court District, or the Southern Supreme Court District, be the Judge of the Supreme Court empowered under and in pursuance of this Act to be a member of the Land Appeal Court for the time being in order to constitute such Court within such district. The commission held by the Supreme Court Judge as a member of the Land Appeal Court at the passing of *" The Land Acts and Other Acts Amendment Act of 1937" shall determine on the day of the notification of the Chief Justice in the month of January, one thoust1nd nine hundred and thirty-eight, as aforesaid, but until such determination such Judge shall be a member of the Land Appeal Court in order to constitute the Land Appeal Court accordingly. No commission of appointment as a member of the Land Appeal Court shall be required to issue to any Judge of the Supreme Court, and, moreover, where any Land Appeal Court is constituted (and whether within the Southern, the Central, or the Northern Supreme Court District) by a Judge of the Supreme Court being present and sitting with two members of the Land Court (heing in the case (!f an appeal two members other than the member 'who pronounced the decision appealed against), such Land Appeal Court so constituted is and shall be legally and validly constituted. * This Act.

j I .i \ ~ 1937. LANDS. Land Acts and Other Acts Amendment Act. 16759 . i For the purposes of this subsection the terms ." Northern Supreme Court District" and "Central Supreme Court District" shall mean the Northern and ,Central Districts, respectively, as defined by *" The i SupremeCourtAct of 1895" (as amended by t" 'Phe 'Central and Northern Districts Boundaries Act of 1900") and the term" Southern Supreme Court District" shall mean the District constituting the remaining portion of the State." (c) Subsection five is amended by omitting the words "a District Court Judge" and by inserting in lieu thereof the words" a Judge of the Supreme Court." (d) (i.) A new subsection 9A is inserted after New subsection nine of the said section , nam . ely'- s 9 u A b . section " (9A.) Notwithstanding anything in this Act or Land Appeal in any other law or in any practice to the contrary- . Co~ t to be ~ gUlded by (a) ~he. L~ n~ Appeal Court in the exerci~ e of any : : ;~ ~ ty and JUrISdICtIOn, duty, power, or functIOn con- conscience. ferred or imposed upon it shall be governed in its procedure and in its decisions by equity, good conscience, and the substantial merits of the case, without regard to technicalities or legal forms or the practice of the other courts; and (b) The Land Appeal Court in the exercise of any such jurisdiction, duty, power, or function shall not be bound by any rule or practice as to evidence, but may inform its mind on any matter in such manner as is deemed just; (c) The Land Appeal Court may accept, admit, and call for such evidence as in equity and good conscience it thinks fit, whether strictly legal evidence or not. This subsection does not apply to proceedings in respect of offences against this Act." (ii.) Subsection 9A of the said section is renumbered subsection 9B accordingly. * 59 Vie. No. 21, supra, page 3454. t 64 Vie. No. 2, supra, page 128.

16760 "j'"- t L,ANDS. I 1 ~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - l Land Acts and Other Acts Amendment Act. 1 GEO. VI. No. 18, ~ , c M bou a mt tt mn e o r e s tnced prior( 2to.) tWhehpeansstihneg oLfatnhdis AApcpt ehaals Caocuturtalalys ccoomnsmtietnucteedd:'; ! " ppcoarismosrpinltgeoteodf tnhoet hcoeamripnlgeteadndsamdeet,ersmucihnaCtioounrot fasansyo cmoantstteirtutbeudt mhaays' i; this Act. continue and complete such hearing. and determination as if this Act had not been passed. Aofms.en4d0m0.ent as fo 1 ll 1 o . wSse:- c-tion 400 of the Principal Act is amended, In the last paragraph of the said section after the words " holding is held " the words " except the condition of personal residence" are inserted; also all words occurring after the words "personal residence" to the end of the paragraph are repealed and the following words are inserted in lieu thereof, namely :--" and such condition is required to be performed by the insolvent joint holder, then that condition may and shall be performed by the continuous and bona fide residence on the holding of a registered bailiff appointed by the trustee in insolvency, and who is hjmself qualified to hold a similar holding." oAfms. en 60 d . ment as fo 1 llo 2 w . sS: e-c-tion sixty of the Principal Act is amended, In the last paragraph of the said section after the words" selection is held" the words" except the con- dition of personal residence or the condition of occupa- tion " are inserted; also all words occurring after the words" personal residence" to the end 'of the paragraph are repealed and the following words are inserted in lieu thereof, namely :-" and such condition is required to be performed by the insolvent joint holder, then that condition may and shall be performed by the continuous and bona fide residence on the selection of a registered bailiff appointed by the trustee in insolvency, and who is himself qualified to hold a similar selection." , New s. 60A. 13. The following new section 60A is inserted after section sixty of the Principal Act, as follows : - [Further "[60A.] Where more than two persons, each of apsrotvoisjiooinnst whom is qualified to apply for or hold a selection, become ownership.] entitled to any selection under the will of a deceased selector or in the case of intestacy of a deceased selector from the administrator as their shares as next-oi-kin or as the next-of-kin and the widow or widower of the

, t t \ LANDS. , - ~ - - - 1 1937. Land, Acts and Other Acts Amendment Act. t- - --- --- -- - -- - -- ~ - - - - - - - - - - - - - - - ­ [deceased selector, such persons may, notwithstanding l anything contained in this Act, hold such. selection in ~ their joint names as tenants in common or as joint 1 tenants, as the case may be, and in such case the disquali~ i' fication imposed by this Act against more than two \ persons acquiring or holding a selection shall not apply to such persons; and such persons may upon transfer to them of such selection hold the same in their joint names as tenants in common or as joint tenants, as the case may be. Such persons shall jointly perform all the conditions to which the selection is subject except the condition of personal residence or the condition of occupation, either of which conditions may and shall be performed by the continuous and bona fide residence on the selection of anyone of the selectors or of a registered bailiff who is himself qualified to select a similar selection. For the purpose of disqualifying the joint holders from applying for or holding another selection, each' joint holder shall be deemed to be the holder of an area proportioned to his actual interest in the selection. No transfer of a share in the selection shall be registered except a transfer with the consent of the Minister from a joint holder, or the representative of a deceased or insane joint holder, to the other joint holders. Where the selection is subject to the condition of personal residence, no such transfer shall be made during the period for which the selection is subject to that condition: Provided nevertheless that after the first five years of the term of the lease of a Grazing Homestead a joint holder shall not be debarred from transferring his share in accordance with the last preceding provision of thIS section. In the event of the insolvency (which term includes " bankruptcy") of one of the joint holders, the conditions upon which the selection is held, except the condition of personal residence or the condition of occupation, may and shall pending the disposal of the interest of the insolvent be performed by the other joint holders as if they were the sole selectors, and the condition of personal residence or the condition of occupation may and shall he performed by the continuous and bona fide residence on the selection of anyone of the joint holders other 16761

16762 l I __________________L_A__N_D_s_·__________________ Land Acts and Other Acts Amendment Act. 1 GEO. VI. No. 18~ I than the insolvent or of a registered bailiff, who is himself I qualified to select a similar selection, appointed by any one of the joint holders other than the insolvent or by ~ the trustee in insolvency." 1 I Amendment 14. Provision (c) of subsection 4A of section one 1 (f)8. 109 (4A) hundred and nine of the Principal Act is amended, as J C • follows :_ ' ' (i.) In the first paragraph after the words" section. seventy-two hereof" the following words are inserted,. namely :-" or in the case of a Grazing Homestead in respectwhereof the selector has obtained or may hereafter obtain a new lease under and in pursuance of the pro- visions of either section two or section three of *" The Land Acts Amendment Act of 1927" "; also in the said first paragraph after the word "expired" the words " or surrendered" are inserted. (ii.) In the second paragraph after the word " expired " the words " or surrendered " are inserted. (ill.) In the last paragraph (being the proviso to the said provision (c)) after the word "acquired" the words "under the provisions of section seventy-two hereof" are inserted; also after the word " expired" the words "or surrendered" are inserted; and after the word " expiry" the words " or surrender" are inserted. Amendment 15. Section one hundred and twenty-one of the of s. 121. Principal Act is renumbered to constitute subsection one of the said section. New . The following new subsection two is added to the subsection 2. said section so renumbered, namely:- Power of ~ ~: ~ rjty to apply ~: q, ~ ~ ~ l Town, Suburban, or Country Leaae. "(2.) Notwithstanding anything contained in any Act, a Local Authority within whose area the l~ nd is situate shall be competent to apply for, bid for, acquire, and hold a Perpetual Town Lease, Perpetual Suburban Lea~ e, or Perpetual Country Lease under this section." Amendment 16. Subsection three of section 135A of the Principal ( o 3 f ) S . . 1354 Act is amended by the insertion therein after the words "next-of-kin," where those words twice occur, of the following words :-" or as the widow or widower of the deceased lessee or selector." * 18 Geo. V. No. 17, supra, page 11949.

LANDS. 16763 1937. Land Acts and Other Acts Amendment Act. 17. Section one hundred and ninety-eight of the Amendment Principal Act is amended, as follows :_ ofs.198. In subsection lA of the said section after the words *" " The Land Acts Amendment Act of 1925 " " the following words are inserted, namely :-" and the lessee ,of a Miner's Homestead Lease, the· lease whereof has been taken up by the lessee after the passing of t" The Land Acts and Other Acts Amendment Act of 1937." " 18. (1.) Section one hundred and ninety-eight isFurther f urther amended , as 1. c0 11 ows:- , ! taomse. n1d9m8.ents (a) The following new subsection four is added to New . the said section, namely :_ BubsectIOn 4. " (4. ) Notwithstanding anything in any other Act [ ~ old? r o.f {;Ont aI·ned,no h 0 Ider 0 f a mI . ne , r s rI . ght WI' thI' n i the manmd etirms brIegrht meaning of the laws relating to mining (and whe~ herprovisions. J granted before, on, or after the passing of t" The Land Acts and Other Acts Amendment A.et of 1937 ") shall cut down or destroy or ringbark, or cause to be cut down or destroyed or ringbarked, any tree on any Crown hmd, or on any reserve or road, or on any land held underiany tenancy or tenure whatsoever pursuant to the Land Acts for any purpose other than a purpose for which he is authorised under and in pursuance of the laws relating to mining to cut and remove timber. Every holder of a miner's right shall be liable to a penalty of not less than one shilling and not more than ten shillings for every tree cut down, destroyed, or ringbarked contrary to the provisions of this subsection. For the purposes of this subsection, the term" Land Acts" shall mean any Act, regulation, or law for the time being administered by the Minister." (b) The following new subsection five is added to New . the said section after subsection four previously inserted, subsectIOn 5. namely:- " (5. ) Notwithstanding anything in any other Act [O~r~ ain contained, the lessee of any gold-mining lease or mitieral~ ~ ~ ~ ~ ; to lease or petroleum lease or coal-mining lease or other obtai~ mining lease or mining tenement granted or issued under permIt.] or in pursuance of the laws relating to mining or any of such laws as for the time being are administered by the * 16 Geo. V. No. 27, supra, page 11318. t This Act.

16764 LANDS. Land Acts and Other Acts Amendment Act. 1 GEO. VI. No. 18 t Secretary for Mines, or the holder of any permit or- authority or license granted under or in pursuance of the said laws or any of such laws, the term of whose lease, tenement, permit, authority, or license shall commence after the date of the passing of *" The Lana Acts and Other Acts Amendment Act of 1937," shall not, except for the purpose of his lease, tenement, permit, authority, or license, cut down, destroy, or ringbark or cause or allow to be cut down, destroyed, or ring- barked any trees on the land comprised in his lease or- tenement, or in respect of which such permit, authority, or license has been granted or issued, which land is or- was, prior to the granting or issuing of such lease, tene- ment, permit, authority, or license Crown land, or a reserve, or road, or land held under any tenancy whatever- pursuant to the Land Acts, without the permit of the Land Commissioner of the land agent's district in whioh the land is situated, nor shall he do any such act as. aforesaid in any manner contr~ ry to the terms of such permit of the Land Commissioner. Every such lessee or permittee or the holder of such authority or licensee as aforesaid shall be liable to a. penalty of not less than one shilling and not more than ten shillings for every tree cut down, destroyed, or- ringbarked contrary to this subsection." Operation of (2.) The amendments made to section one hundred taohmfesse.eIn9d8m. ents aShnad11 nhinavetey- oepiegrhattI.Oofn tahned Per f i f necctipoanl IyA· cInt bSUyChthdis· IStsrel.Octtioonr- districts or portions thereof as may from time to time be prescribed by the Governor in Council by Order in Council published in the Gazette. New s. I98A. 19. (1.) The following new section 198A is inserted after section one hundred and ninety-eight of the Principal Act, as follows : - Application "[198A.] Notwithstanding any Act or law to the ufonrdleeraMsein&incg cont rary, - I"n case 0 f any appI"lOat"IOn for a goId-m"In"Ing Acts over lease or mineral lease or petroleum lease or coal-mining oSrtaTteimFboerrest Iease or 0 t her " mI"nIng Iease or mI.n"Ing t enemento'r- Reserve ~ o petroleum prospecting permit or coal-mining license btoe MsuibnmistIettre. d made under the Iaws reIat"Ing t 0 mI.n"Ing, pet roIeum, or- coal-mining, as the case may be, over a State Forest or Timber Reserve or any part thereof, such application shall, prior to its being dealt with under and in pursuance * This Act.

LANDS. 16'765 1937. Land Acts and Other Acts Amendment Act. Qf any such law, be submitted to the Minister who shall refer same to two persons (one of whom shall be nominated by the Minister and the other by the Secretary for Mines) for inquiry as to whether the public interest would best be served by refusing the application and retaining the State Forest or the Reserve or part thereof for the purpose for which it was set apart or by granting the application: Provided always that the final determination as to how the public interest would best be served in the matter of the application shall rest with the Governor in Council. Any such determination shall be in the absplute discretion of the Governor in Council and shall not be subject to any appeal or review by the Land Court or by the Supreme Court or by any other tribunal whatsoever. In the event of the Governor in Co!Uncil determining that the public interest would best be served by refusing such application and by retaining such State Forest or Reserve or part thereof for the purpose for which it was set apart then, in every such case, no such lease, mining'tenement, permit, or license, as the case may be, shall be granted. For the purposes of this section the term "State Forest" means a reserve of Crown lands as such under the provisions of *" The State Forests and National Parks Acts, 1906 to 1934" (or any Act amending the same)." (2.) This section 198A shall have operation and Operat.ion effect only in such State Forest or State Forests, or any of sectlOn. such Timber Reserve or Timber Reserves or portions thereof as may from time to time be prescribed by the Governor in Council by Order in Council published in the Gazette. . 20. (1.) The following new section 198B is inserted New s. 19SB after section 198A of the Principal Act previously inserted, namely:- "[198B.] Notwithstanding any Act or law to the Application (lontrary, in case of any. application for a gold-mining ~ ~. le: ~ ~er lease or mineral lease or petroleum lease or coal-miming Mi~ ing Acts lease or other mining lease or mining tenement or ~ e~ onal petroleum prospecting permit or coal-mining license Parks to. made u. n'der t.he laws relating to mining'petr.oleum, or tboe M s~ U b~ l I ls l t l e t r t . ed COal-mIlling, as the case may be, over a National fark * 6 Edw. VII. No. 20 and amending Acts, 8upra, pages 790 et 8eq.

16766 LANDS. Land Acts and Other Acts Amendment Act. 1 GEO. VI. No. 18,. or any part thereof, such application shall prior to its being dealt with under and in pursuance of any such law, be submitted to the Minister, who shall refer same to two persons (one of whom shall be nominated by the Minister and the other by the Secretary for Mines) for inquiry as to whether the public interest would best be served by refusing the application and retaining the National Park or part thereof for the purpose for which it was set apart or by granting the application: Provided always that the final determination as to how the public interest would best be served in the matter of the application shall rest with the Governor in Council. Any such determination shall be in the absolute discretion of the Governor in Council, and shall not be subject to any appeal or review by the Land Court or by the Supreme Court or by any other tribunal what- soever. In the event of the Governor in Council deter- mining that the public interest would best be served by refusing such application, and by retaining such National Park or part thereof for the purpose for which it was set apart then, in every such case, no such lease, mining tenement, permit, or license, as the case may be, shall be granted. For the purpose of this section the term" National Park" means a reserve of Crown lands as such under the provisions of *" The State Forests and National Parks Acts, 1906 to 1934" (or any Act amending the same)." Operation of section. (2.) This section 198B shall have operation and effect only in such. National Park or National Parks or portions thereof as may from time to time be. prescribed by the Governor in Council by Order in Council published in the Gazette. New s. 199A. 21. (1.) A new section 199A is inserted after section one hundred and ninety-nine of the Principal Act, as follows :- Commis. "[19.9A.] (1.) The Commissioner may issue licenses I ~ s i s o u ne e rt: Im mabY er to enter upon any gold.min • i • ng lease or mineral lease, or licenses in petroleum lease, or coal·mIlling lease, or any other lease rfl~ p~ ct of or mining tenement other than a Miner's Homestead ~~ ; ~: ~ nts. Lease or a Miner's Homestead Perpetual Lease (herein- after collectively referred to as a "mining tenement," and the lessee or holder hereinafter collectively referred * 6 Edw. VII. No. 20 and amending Acts, s'fJ,pra, pages 790 et seq.

LANDS. 16767 1937. Land Acts and Other Acts Am,endment Act. to as "the holder") granted pursuant to the laws relat· g to mining, petroleum, or coal mining, as :the case ay be, over or in respect of any Crown land or any pastoral holding or any Grazing Selection or ~ny Speci I Lease or any road or reserve, and to cut, get, and remove timber: Provided that no such license shall be granted in respect of any such timber as may be specified either generally or in any particular case by the warden: Provided that the determination of the Commissioner shall be subject to appeal to the Court by the holder of the mining tenement concerned; but the decision of the Court shall be final. . Any licensee under this subsection may use ani:riJ.als and vehicles in the removal of such timber, and rimy while so employed depasture animals subject to the prescribed conditions or, if none are prescribed, subject to such conditions as the Commissioner thinks fit. (2.) Any holder of the mining tenement may by Holder of notice in writing given to a licensee forbid him to exercise mining his rights as licensee within any area on his tenenient :~ ; ~~ j!ct mentioned in the notice and not exceeding six hundred t~ entry by and forty acres for a pen.od not exceedm' g one mOll! 'th ; lwiciethnisnee and the licensee may within that period appeal to ithe limited are~ . Commissioner, who shall hear the matter and decide to what extent (if any) the licensee may exercise such rights within such area, and his decision shall be final. Any licensee who exercises or attempts to exercise any such rights within such area before the matter is determined or contrary to the decision of the Commis- sioner shall be liable to a penalty not exceeding twenty pounds." , (2.) This section 199A shall have operation iand Operation of effect only in such district or districts or portions the!l'eof s. 199A. as may from time to time be prescribed by the Gove:rnor in Council by Order in Council published in the Gazette. 22. (1.) A new section 200A is inserted after section New s. 200A. two hundred of the Principal Act, as follows : - " [200A.] Except as herein provided the ho~ der Removal of of a mining tenement over or in respect of any Crpwn timber i~ land or any pastoral holding, or any Grazing Selec~ ion, :~; 0 or any Special Lease, or any road or reserve shall! not tenements. have power to restrict persons duly authorised by Jaw from cutting or removing timber within his miming tenement. . •

1(1768 LANDS. Land Acts and Other Acts Amendment Act. 1 GEO. VI. No. 18, Operation of section. The terms "holder" and" mining tenement" have the meanings assigned to them by virtue of section 199A of this Act." (2.) This section 200A shall have operation and effect only in such district or districts or portions thereof as may from time to time be prescribed by the Governor in Council by Order in Council published in the Gazette. Amendment 23. Section two hundred and eight of the Principal of s. 208. Act is amended by omitting the word " Nothing" and inserting the words "Save as is otherwise provided in this Act, nothing" in lieu thereof. Amendment 24. Section two hundred and ten of the Principal of s. 210. Act is amended, as follows;- (a) The words " District Court Judge" are repealed and the words "Judge of the Supreme Court" are inserted in lieu thereof. (b) The second paragraph of the said section is repealed and the following paragraph is inserted in lieu thereof; namely;- " All such Rules of Court shall be approved by two or more of the Judges of the Supreme Court, and shall be published in the Gazette." Amendment 25. Section four of *" The State Forests and National " of T s h . e 4 S o t f ate Parks Acts, 1906 to 1934," is amended by omitting the F' orests and word "Nothing" occurring at the commencement of PNaartikosnAalcts, paragraph (c) of the proviso to the said section, and by 1906 to inserting the words" Save as is otherwise provided in 1934." t" The Land Acts, 19lO to 1937," nothing" in lieu thereof. Preamble. 26. Whereas under and by virtue of Proclamation Validation bearing date the twenty-eighth day of March, one ~ : :- :~orary thousand eight hundred and eighty-eight (and published Reserve in in the Gazette on the thirty-first day of March, one ~ ~ ~ ~ ; ~ fn thousand eight hundred and eighty-eight, at page one Field. thousand and sixty-three) the lands described in the said Proclamation were, in accordance wi~ h the provisions of t" The Mineral Lands Act of 1882 " and the regulations * 6 Edw. VII. No. 20 and amending Acts, supra, pages 790 et seg. t 1 Geo. V. No. 15 and amending Acts, supra, pages 8775 et seg. t 46 Vie. No. 8. See P. and W., page 1594.

LANDS. 1937. Land Acts and Other Acts Amendment Act. established thereunder,. notified and proclaimed a mining district (Mining District of Cooktown) within the meaning of the said Act: And whereas under and by virtue of Proclamation bearing date the thirteenth day of February, one thousand eight hundred anq. eighty-nine (and published in the Gazette on the sixteenth day of February, one thousand eight hundred and eighty-nine, at page five hundred and forty-two), the boundaries of the Cooktown Mining District as defined pursuant to *" The Mineral Lands Act of 1882" by the said Proclamation dated the twenty- eighth day of March, one thousand eight hundred and eighty-eight, were amended, and the area and boundaries as defined in the said Proclamation dated the thirteenth day" of February, one thousand eight hundred and eighty-nine, were proclaimed as being the' area and . boundaries of the said mining district: ~nd whereas *" The Mineral Lands Act of 1882" was repealed by t" The Mining Act of 1898," subsection five of section four of which latter Act provides that any Proclamation published under any of the repealed Acts shall continue in force as if it had been published under t" The Mining Act of 1898" : And whereas section ten of t" The Mining Act of 1898" provides that. every existing mining district proclaimed or constituted under the provisions of *" The Mineral Lands Act of 1882" shall be and be deemed to be a mineral field for the purposes of t" The Mining Act of 1898," and, so far as may be necessary, shall be deemed to. have been constituted and proclaimed as a mineral field under the provisions of t" The Mining Act: of 1898" : Andwhereas it is provided by section one hundred and fifty-seven of t" The Mining Act of 1898" (as amended by subsequent Acts), as follows:- " Notwithstanding anything in the Crown Lands Acts to the contrary contained, no Crown lands situated on a goldfield or mineral field shall be leased, conveyed, granted, or disposed of under the provisions of those Acts without * 46 Vic. No. 8. See P. and W., page 1594. t 62 Vic. No. 24, 8upra, page 2178.

16770 LANDS. Land Acts and Other Acts Amendment Act. 1 GEO. VI. No. IS, the approval of the Secretary for Mines or other Minister for the time being charged with the administration of this Act" : And whereas under and by virtue of Order in Council bearing date the twenty-eighth day of May, one thousand nine hundred and thirty-six (and published in the Gazette on the thirtieth day of May, one thousand nine hundred and thirty-six, at page one thousand nine hundred and sixty-three) under and in pursuance of *" The Land Acts, 1910 to 1934," the land described in the Schedule to such Order in Council was temporarily reserved and set apart for Timber purposes: And whereas the land comprised in the said temporary Timber Reserve is situated partly within the said the Cooktown Mineral Field : And whereas doubts have arisen as to whether, in view of the aforesaid provisions of the Mining Acts, the approval of the Secretary for Min.es should have first been had and obtained before the land situated in the said Cooktown Mineral Field and comprising part of the land contained in the said temporary Timber Reserve, should have been included in such Reserve: And whereas it is desirable to settle such doubts and to declare that the said temporary Timber Reserve is and has been legally constituted pursuant to the provisions of *" The Land Acts, 1910 to 1936 " - Be it therefore enacted, as follows:- Notwithstanding any Act or law, or rule or practice of law, the temporary Timber Reserve, part of which is situated within the Cooktown Mineral Field as set forth in the preamble constituted under and by virtue of the Order in Council dated the twenty-eighth day of May, one thousand nine hundred and thirty-six, and published in the Gazette of the thirtieth dayof May, one thousand nine hundred and thirty-six, at page one thousand nine hundred and sixty-three, as referred to in the preamble, is and has been legally and validly constituted under and pursuant to *" The Land Acts, 1910 to 1936," and to the intent that the constitution of such temporary Timber Reserve and the said Order in Council are approved, ratified, validated, and confirmed, and to the * 1 Geo. v. No. 15 and amending Acts, supra, pages 8775 et seq.

LANDS. 16771 1937. Land Acts and Other Acts Am,endment Act. further intent that such temporary Timber Reserve shall be and be deemed to have been from the date of the said Order in Council a temporary Timber Reserve constituted under and for the purposes of and subject to such Acts and the Land Acts, and shall so continue to be under and subject to the provisions of the said lastmentioned Acts. 27. Whereas the lessees of Grazing Selections of Relief to lands situate in the north-western portion of the State~ertain f and comprised in the Land Agents' Districts of ~ ~ ~ ~ ~ ~ ; Cloncurry, Hughenden, and Winton have been and Selections. still are detrimentally affected by and through drought to a very much greater degree than the lessees of Grazing Selections of land situated in the remaining portions of the State: And whereas a certain measure of relief has been or is in the course of being granted to such lessees as aforesaid under and in pursuance of the provisions of the Principal Act- It is hereby declared that every such lessee as aforesaid shall be eligible to apply for and obtain such measure of relief as aforesaid notwithstanding any disqualifications and restrictions· imposed by the Principal Act against anyone person applying for or holding more than the prescribed area of land as a holding or holdings, and to the intent that such disqualifications and restrictions shall be disregarded for the purposes of the grant of such measure of relief as aforesaid: Provided that nothing in this section contained shall enable, or be' deemed to enable, any such disqualifications or restrictions to be disregarded for any other purpose whatsoever. 28. Whereas by a Proclamation dated the twenty- ~ ertainlands seventh day of February, one thousand nine hundred ~ o~ ~ ~ y of and thirty, and published in the Gazette of the first day Hill.along, of March, one thousand nine hundred and thirty, at pages~: ~ f~ ! ~ ~ d seven hundred and fourteen and seven hundred and Eungella, to fifteen, made under *" The State ' Forest . s and N atio . na,l Scetaastee Fasoraest Parks Act of 1906," the land comprised WIthin the and to be . boundaries set forth in the Schedule to the said ma~f bIe for Proclamation situated in the County of Hillalong, Parishes : ~:~ ~on. of Eungella and Crediton, being an area of about Schedule. * 6 Edw. VII. No. 20, supra, page 790. . ,

., ' 16772 LANDS. Land Acts and Other Acts Amendment Act. 1 GEO. VI. No. 18, Schedule. ,twenty-seven thousand eight hundred acres, was permanently reserved for a State Forest: And whereas by a Proclamation dated the twelfth day of April, one thousand nine hundred and thirty-five, and published in the Gazette of the thirteenth day of April, one thousand nine hundred and thirty-five, at page one thousand seven hundred and thirty-three, made in pursuance of and in the exercise of the authority vested in the Governor in Council by *" The Land Acts, 1910 to 1934," and t" The Eungella State Forest Amendment of Boundaries Act of 1934," it was notified and declared that the firstmentioned Proclamation should be and the same was amended by substituting for the area mentioned in the First Schedule (being the area described in the said firstmentioned Proclamation) the areas described in the Second Schedule of the said Proclamation of the twelfth day of April, one thousand nine hundred and thirty-five (which land is situated in the County of Hillalong, Parishes of Crediton and Eungella, the areas and the description whereof are set forth in the Schedule to this section) and which lands were permanently reserved for a State Forest: And whereas it is expedient that such land should cease to be a State Forest and be made available for selection under the Land Acts- It is hereby enacted that the lands comprised within the boundaries and of the areas as set forth in the said Schedule to this section which are now a State Forest shall from and after the passing of this Act cease to be a State Forest and shall be and become Crown land, and as such shall be available to be opened for selection or otherwise dealt with under the Land Acts in all respects as if such land had never been a State Forest. SCHEDULE. County of Hillalong, Parish of Crediton. Area, about 7,200 acres. Commencing at the junction of Denham and Clarke Ranges 4t and bounded thence by the latter range northerly about miles in a direct line, by a line west about eighty-five chains, by a road north- westerly to R. 15 (water reserve); and by that reserve, Eungella Holding, portion 64, and the Denham Range south-easterly to the point of commencement. * 1 Geo. V. No. 15 and amending Acts, 8upra, pages 8775 et seq. t 25 Geo. V. No. 21, 8upra, page 14981.

LANDS. 16773 1937. Land Acts and Other Acts Am,endment Act. Oounty of Hillalong, Parishes of Orediton and Eungella. Area, about 4,300 acres. Commencing on the left bank of the Broken River at. the north- east corner of portion 2 parish of Crediton, and bou.nded thence by that portion south-easterly to a road, by that road easterly about fifty-seven chains, by a line south to a road, by roads, portion 24, a road, and portion 7 easterly and northerly to the Broken River, by the left bank thereof downwards and by the left bank of Sawpit Creek upwards to portion 80 parish of Eungella, by portions 80 and 56 and a rqad northerly to Miner's Homestead Lease 135, by Miner's Homestead Leases 135 and 136 and section 1 town of Eungella west and north, by a road north-westerly to portion 74, by portions 74, 61, and 60 and a road south-easterly to the south-east corner of portion 58, by that portion west to Buck Creek; and by the left banks of that creek and the Broken River downwards to the point of commencement ;- exclusive of roads. 29. "\Vhereas by a Proclamation dated the fifteenth Certain lands day of December, one thousand nine hundred and ~ n the sixteen, and published in the Gazette of the sixteenth day orC~ dwell, of December, one thousand nine hundred and sixteen at Parish of page one thousand eight hundred and eighty-three, made ~ a: : ~ ~ h~ : , a . under the provisions of *" The State Forests and National State Forest Parks Act of 1906," the land described in the said = a~ ! O be Proclamation (which land is situated in the County of availll;ble for Cardwell, Parish of Ravenshoe, the area and the selectIOn. description whereof is set forth in Schedule A of this section) was permanently reserved for a State Forest: And whereas by a Proclamation dated the twenty- fourth day of January, one thousand nine hundred and eighteen, and published in the Gazette of the twenty-sixth day of January, one thousand nine hundred and eighteen, .at page two hundred and sixty, made under the provisions of *" The State Forests and National Parks Act of 1906," the land described in the said Proclamation (which land is situated in the County of Cardwell, Parish of Ravenshoe, the area and the description whereof is set forth in Schedule B of this section) was permanently reserved for a State Forest: And .whereas it is expedient that such lands so described in Schedules A and B of this section should cease to be State Forests and be made available for selection under the Land Acts- It is hereby enacted that the lands as described in Schedules A and B, respectively, of this section, which lands now are State Forests, shall from and after the * 6 Edw. VII. No. 20, 8upra, page 790.

16774 / LANDS. Land Acts and Other Acts Amendment Act. 1 GEO. VI. No. 18, passing of this Act cease to be State Forests and shall be and become Crown land, and as such shall be available to be opened for selection or otherwise dealt with under the Land Acts in all respects as if such lands had never been State Forests. SCHEDULES. SCHEDULE A. County of Cardwell, Pari8h of RavenBhoe. Area, 596 acres 2 roods. Portions 3, 11, 12, 13, 14, and 50 as shown on Plans Cwl. 151, Cwl. 157, and Cwl. 414, deposited in the Survey Office, inclusive of Special Leases 184-3 and 1982. SCHEDULE B. County of Cardwell, PariBh of Ravert8hoe. Area, 135 acres 3 roods 8 perches. Portion 5 as shown on Plan Owl. 157, deposited in the Survey Office. Amendment of *" The Water Acts, 1926 to 1936." Amendment 30. (1.) *" The Water Acts, 1926 to 1936," are ~ c: , ater amended by the insertion after section 73 of such Acts of New 8. 73A. the following new section, namely:- Diversion of " [73A.] In any case where it appears to be or is water- & represented to the Minister to be desirable in the public : r:Cia~ ; - interest that any watercourse or lake should be diverted . tion of land. or that any watercourse, lake, or swamp land should be reclaimed, the Minister may refer the matter for inquiry and report tD a member of the Land Court together with a member of the Land Administration Board; and any such reference shall be and be deemed to be a reference under and pursuant to subsection two of section twenty-seven of t" The Land Acts, 1910 to 1937," the provisions of which subsection shall, mutatis mutandis, apply and extend accordingly. The abovementioned members shall duly inquire into the matter and furnish to the Minister a report together with a certificate as to whether or not it would * 17 Geo. V. No. 12 and amending Acts, supra, pages 11733 et seq. t 1 Geo. V. No. 15 and amending Acts, supra, pages 8775 et seq.

LANDS. 1937. Land Acts and Other Acts Amendment Act. be in the public interest to proceed with any such diversion or reclamation, as the case may be. Such members shall also, in any case where they certify that it would be in the public interest to proceed with such diversion or reclamation, recommend to the Minister- (a) The arrangements or adjustments that it would be just and equitable to make with occupiers or owners of lands or holders of riparian rights (if any) who would be affected by such diversion or reclamation; (b) The acts, matters, or things (including the procedure to be adopted and/or the arrange- ments or adjustments to be made) to be done or executed for the purposes of and/or in connection with the carrying out and completion of the recommended diversion or reclamation; (c) The manner in which the land formed by any such reclamation (which land is hereby declared to be Crown land within the meaning of *" The Land Acts, 1910 to 1937 ") should be dealt with. The Minister shall submit such report, certificate, and recommendation to the Governor in Council, who may in his absolute discretion approve, or refuse to approve, or approve subject to such modifications as he may deem fit and proper of the recommended diversion or reclamation. The Governor in Council is hereby empowered to and may by Order in Council published in the Gazette authorise any Crown instrumentality, or corporation representing the Crown, or any Government department or any Local Authority or any other person to carry out and complete such diversion or reclamation as so approved and may by the same or any subsequent Order , or Orders in Council prescribe the doing or executing of all such acts, matters, or things (including pa,yment of the costs, charges, and expenses incurred) as he shall deem necessary or desirable to be done or executed for the purposes of or in connection with the carrying out and completion of such diversion or reclamation as so authorised by him, and the manner in which and by whom any act, matter, or thing so prescribed is to be done or executed. * I Geo. V. No. 15 and amending Acts, supra, pages 8775 et seq. 16775 '""'0

16776 LANDS. Land Acts and Other Acts Amendment Act. 1 Gm. VI. No. 18, Collective title. The authorised Crown instrumentality or corporation representing the Crown or Government department or Local Authority or person and his or its officers and servants shall have free right of ingress, egress, and regress in respect of any land for the purposes of the carrying out and completion of any authorised diversion or reclamation." (2.) *" The Water Acts, 1926 to 1936," as amended by this section may collectively be cited as " The Water Acts, 1926 to 1937." Validation of Order in Council issued under t" The Stock Routes Improvement and Animal and Vegetable Pests Destruction Act of 1936." Validation 31. (1.) The Order in Council dated the ninth gf Or~ ! r :~ th day of July, one thousand nine hundred and thirty- J~ ~ c~ 9h seven, and published in the Gazette of the tenth day of ~ ~S; ~ d . : d~ r July, one thousand nine hundred and thirty-seven, Rout!s oc at page one hundred and fourteen, issued under and in lamnpdroAvme" m! 'eanlt purs . uance of t" The Stock Routes . Iml r flrovement and andVegetableAmmal and Vegetable Pests Destructwn Act of 1936," PDeBtts t' and set forth in Schedule 1. to this Act is approved, Ac e t s o r J ue 19 tO 3 n 6." ratl' fied , authof'lsed,co nfir med, and val1' dated. Schedule 1. Construction (2.) t" The Stock Routes Improvement and Animal ~ f ~ ~ e AViII and Vegetable Pests Destruction Act of 1936" and this N~ . sw: . Order in Council hereby approved, ratified, authorised, aon r dd ~ th m ~ confirmed, and validated' sha.ll constitute "The Stock Council. Routes Improvement and Ammal and Vegetable Pests Collective Destruction Acts, 1936 to 1937," which shall be the title. collective title thereof, and the Schedule to the said Order in Council shall be and constitute section 4A of such Acts. In the reprinting of the said Acts, paragraphs (i.) and (ii.) of the said Schedule and the headnotes shall be and constitute subsections one and two and the sidenotes, respectively, of the said section 4A, and paragraph (iii.) and the headnote shall be and constitute subsection three of the said section 4A and the sidenote, but shall read as follows :'- Application "(3.) The above subsections shall apply and have soufbasbeo( v' tieons. effect in any case where any district has been constituted * 17 Geo. V. No. 12 and amending Acts, supra, pages 11733 et seq. t 1 Edw. VIII. No. S, supra, page 15696.

LANDS. 16771 1937. Land Acts and Other Acts Amendment Act. prior to the ninth day of July, one thousand nine hundred and thirty-seven, or shall hereafter be constituted." (3.) (i.) The delegation hereinbefore referred to shall Form and n. be in the form as set forth in Schedule. or to the l~ ke ~ : fe~ a~ fori. effect, and the execution by the Mimster of any such delegation in the said form or to the like effect shall be conclusive evidence of the due making by him of such delegation and of his power and authority to make same subject to the terms, provisions, conditions, and stipulations therein contained; and moreover any such delegation made by the Minister shall be judicially noticed and shall not be questioned in any proceedings whatsoever. (ii.) Any such delegation as aforesaid made by the Minister after the publication in the Gazette of the Order in Council mentioned in subsection one of this section and before the passing of this Act is- approved, ratified, validated, and confirmed. Nothing in this Act shall prejudice the authority conferred upon the Minister by the Order in Council mentioned in subsection one of this section to revoke any such delegation. ------- SCHEDULES. SCHEDULE I. ORDER IN COUNCIL. At the Executive Buildings, Brisbane, the Ninth day of July, 1937. Present: His Excellency the Lieutenant-Governor in Council. ""\-X7 HEREAS by virtue of the provisions of *" The Stock Routes Vl' Improvement and Animal and Vegetable Pests Destruction Act of 1936," it is amongst other things enacted that in addition to and without limiting the powers of the Governor in Council, the Governor in Council is empowered from time to time by Order in Council to issue' such orders and give such directions and prescribe such rules as will in his judgment be calculated to give full effect to the objects, purposes, and provisions of such Act, and that where there is no provision or no sufficient provision in respect to any matter or thing and it is deemed necessary or expedient to give effect thereto, providing for and supplying such omission or insufficiency: And whereas it is deemed necessary and expedient that provision be made * 1 Edw. VIII. No. 8, supra, page 15696.

16778 LANDS. Land Acts and Other Acts Amendment Act. 1 GEO. VI. No. 18, in the said abovementioned Act whereby the Minister may delegate to any Local Authority, the area or part of the area of which is embraced within a district constituted under such abovementioned Act (and whether constituted before or after the making of this Order), the exercise, within such area or part of such area, of all or any of the powers, functions, responsibilities, duties, rights, authorities, and jurisdiction conferred or imposed upon or vested in the Minister as may be set forth in such delegation and on such further terms, provisions, conditions, and stipulations as the Minister may deem fit and proper, and that any such Local Authority concerned shall, before the exercise by the Minister of such delegation, apply to the Minister as hereinafter provided: And whereas pursuant to an Order in Council dated the tenth day of June, 1937, made pursuant to the abovementioned Act each of them the Land Agents' Districts (as set forth in the Schedule to such lastmentioned Order) were declared to be a district for the purposes of the said abovementioned Act: Now, therefore, His Excellency the Lieutenant-Governor, by and with the advice of the Executive Council, and pursuant to the powers and authorities hereinbefore set forth, doth hereby order, direct, and declare as follows : - That the said *" The Stock Routes Improvement and Animal and Vegetable Pests Destruction Act of 1936 " shall for all purposes of that Act be and be deemed to contain and be construed as containing the provisions set forth in the Schedule to this Order in Council. SCHEDULE. Power of delegation to Local Authority by Minister. (i.) In addition to and without in any wise limiting the powers of the Minister under *" The Stock Routes Improvement and Animal and Vegetable Pests Destruction Act of 1936," the Minister may in his absolute discretion, from time to time, delegate to any Local Authority, the area or part of the area of which is embraced within a district constituted under such lastmentioned Act, the exercise, within such area or part of such area, of all or any of the powers, functions, responsibilities, duties, rights, authorities, and jurisdiction conferred or imposed upon or vested in the Minister, as may be set forth in such delegation and on such further terms, provisions, conditions, and stipulations as the Minister may deem fit and proper; and during the continuance of such delegation the Local Authority shall have and continue to have and exercise such powers, functions, respon- sibilities, duties, rights, authorities, and jurisdiction accordingly: Provided that the Minister shall have power and authority to revoke any such delegation. Application by Local Authority. (ii.) Before the exercise by the Minister of the power of delegation to a Local Authority as aforesaid, such Local Authority shall make application to the Minister for delegation, and shall satisfy the Minister that such Local Authority has duly done and executed all or any the * 1 Edw. VIII. No. 8, supra, page 15696.

LANDS. 1937. Land Acts and Other Acts Am,endmBnt Act. powers, functions, responsibilities, duties, rights, authorities, and jurisdiction conferred or imposed upon or vested in it pursuant to the provisions of *" The Local Authority (Grazing Districts Improvement) Acts, 1930 to 1933," and/or sections twenty-four, twenty-five, and twenty-six of t" The Local Authorities Acts and Other Acts Amendment Act of 1934," and/or any other Act conferring or imposing upon or vesting in the Local Authority similar powers, functions, responsibilities, duties, rights, authorities, and jurisdiction. Application of provisions. (iii.) The above provisions shall apply and have effect in any case where any district has been constituted prior to the making of this Order in Council, or shall hereafter be constituted. And the Honourable the Secretary for Public Lands is to give the necessary directions herein accordingly. G. W. WATSON, Clerk of the Council. 1677{l SCHEDULE n. DELEGATION. t" THE STOCK ROUTES IMPROVEMENT AND ANIMAL AND VEGETABLE PESTS DESTRUCTION ACT OF 1936." DELEGATION IN TERMS OF ORDER IN COUNCIL DATED 9TH JULY, 1937. Whereas an Act of the Parliament of Queensland the short title whereof is t" The Stock Routes Improvement and Animal and Vegetable Pests Destruction Act of 1936" was assented to on the twenty-third day of October, one thousand nine hundred and thirty-six: And whereas it was provided therein that the said Act should come into force in such districts as the Governor in Council should from time to time declare by Order in Council: And whereas by an Order in Council dated the tenth day of June, one thousand nine hundred and thirty-seven, the said Act was declared in force in districts embracing the area of the [insert name of Shire]: And whereas by a further Order in Council dated the ninth day of July, one thousand nine hundred and thirty-seven, it was provided that the Minister upon the application of a Local Authority the area (or part of the area) of which is embraced within a district within which the said Act is in force which satisfied him in respect of the matters as prescribed in such Order in Council might in his absolute discretion delegate to such Local Authority the exercise within such area (or part of such area, as the case may be) of all or any of the powers, functions, responsibilities, duties, rights, authorities, and * 21 Geo. V. No. 44 and amending Acts, 8upra, pages 12844 et seq. t 25 Geo. V. No. 32, 8upra, page 15073. t 1 Edw. VIII. No. 8, 8upra, page 15696.

16780 LANDS. Land Acts and Other Acts Amendment Act. 1 GEO. VI. No. 18, jurisdiction conferred or imposed upon or vested in the Minister as might be set forth in such delegation and on such further terms, provisions, conditions, and stipulations as the Minister might deem fit and proper: And whereas the said Shire of [insert name of Shire] has applied to the Minister for the exercise by him in its behalf of his above- mentioned powers of delegation: And whereas the said Shire has satisfied the Minister in respect of the matters abovementioned : Now, therefore, I, , the Secretary for Public Lands, being the Minister aforesaid, do hereby, subject to the terms, provisions, conditions, and stipulations hereinafter set forth in the Sdhedule to this delegation, delegate to the said Shire of [insert name of Shire] the exercise within the area of the said Shire of all of the powers, functions, responsibilities, duties, rights, authorities, and jurisdiction conferred or imposed upon me as such Minister as aforesaid under and in pursuance of the said Act being *" TheStock Routes Improvement and Animal and VClJetable Pe8ts Destruction Act of 1936." • Dated at this [insert date]. Secretary for Public Land3. SCHEDULE. 1. The Council of the said Shire of [insert name of Shire] shall be charged with the administration of this Act within the area of the said Shire, and for the purposes of such administration appoint and employ such officers or employees as it shall deem necessary : Provided that the said Council shall not for the purposes of such administration represent or be deemed to represent the Crown. 2. The said Council shall have and shall exercise within the said area all of the powers, -functions, responsibilities, and duties prescribed by subsection one of section seven of the said Act, and to the further intent that the power and authority conferred by subsection two of the said section on the Governor in Council to make regulations shall confer and be deemed to confer a like power and authority upon the said Council to make by-laws. 3. The Council of the said Shire shall not enter into any agreement under and in pursuance of section nine of the said Act unless the _approval of the Minister has been first had and received. 4. This delegation shall not release or be 9.eemed to r~ lease any owner of a holding from any obligation to the Crown imposed upon him by section sixteen of the said Act. 5. The power and authority conferred by section twenty of the said Act upon the Governor in Council to make regulations shall confer and be deemed to confer a like power and authority upon the said Council to make by-laws. 6. The said Council shall establish at its bank an account to be called "The Stock Routes Improvement and Animal and Vegetable Pests Destruction Fund of the Shire of [insert name of Shire]." * 1 Edw. VIII. No. 8, supra, page 15696.

" LANDS. 1937. Land Acts and Other Acts Am,endment Act. Into such account shall be paid all moneys received by the said Council under and in pursuance of the said Act by virtue of this delegation which if received by the Crown would have been payable into the Fund within the meaning of the said Act and out of which shall be paid all such amounts payable by the Council under and in pursuance of the said Act by virtue of this delegation which would if payable by the Crown be paid from the said Fund. 7. This dj:llegation shall for all purposes of the said Act and more particularly for the purposes of sections thirty-four to thirty-seven, both inclusive, thereof, constitute and be deemed to constitute the Council of the said Shire as the delegated authority of the Minister an entity separate and distinct from such Council as the Local. Authority under and within the meaning of *" The Local Government Act of 1936" for the said Shire. S. Nothing in this delegation shall prejudice any provision of sections thirty-eight, thirty-nine, and forty of the said Act. 9. Nothing in this delegation shall limit or be deemed to limit the application of section forty-eight of the said Act, and to the intent that for the purposes of applying the said section the Council as such delegated authority shall not be or be deemed to be the servant or agent of the Minister, but shall be liable to the same extent as the Minister himself would be in a like case and no further. 10. The proportion of the amount repayable by the Minister to the' Treasurer of the moneys advanced by the Treasurer under the authority of the said Act for the purposes of providing water facilities and improvements upon stock routes and reserves in the districts in which the said Act is now in force and expended for that purpose which the Council of the said Shire as the delegated authority as aforesaid shall repay to the Treasurer shall be determined by the Minister and the said Council as such delegated authority shall repay to the Treasurer the amount so determined together with interest thereon as fixed by the Treasurer within such time and in such manner as the Treasurer shall direct. 11. For the purposes of this delegation the following terms when used in the Act shall where necessary bear the interpretation herein- after set opposite to them, that is say :- "The Minister "-The Council of the said Shire; "The Superintendent"-The Chairman of the Council of the said Shire; "Officer "-The person performing for and on behalf of _the said Council the duties of the officer referred to. * 1 Geo. VI. No. 1, 8upra, page 16035. 16781 LEPROSY. See HEALTH.