Land Acts and Other Acts Amendment Act of 1949 (13 Geo Vi No. 50) (Qld)

46 LAND. Land Acts and Other Acts Amendment Act. 13 GEO. VI. NO. 50, LAND. (1) Land Acts and Other Acts Amendment Act of 1949 .. •- (2) Valuation of Land Acts Amendment Act of 1949 .. 13 Geo. VI. No. 50 13 Geo. VI. No. 36 13NGOE.O5. 0V. I. An Act to Amend "The Land Acts, 1910 to 1948 " ; THE LAND ACTS AND "The War Service Land Settlement OTHER ACTS AMENDMENT Acquisition Acts, 1945 to 1948 " ; "The ACT OF 1949. War Service (Sugar Industry) Land Settle- ment Act of 1946 " ; and "The Stock Routes and Rural Lands Protection Acts, 1944 to 1948 " ; each in certain particulars. [ASSENTED TO 8TH DECEMBER, 1949.] B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows :— PART PRELIMINARY. PART I.—PRELIMINARY. Short title 1. This Act may be cited as " The Land Acts and Other Acts Amendment Act of 1949." Parts of Act. 2. This Act is divided into Parts, as follows :— PART 1.—PRELIMINARY; PART II.—AMENDMENTS OF *" THE LAND ACTS, 1910 TO 1948 " ; PART III.—AMENDMENTS OF t" THE WAR SERVICE LAND SETTLEMENT ACQUISITION ACTS, 1945 TO 1948 " ; PART IV.—AMENDMENTS OF I" THE WAR SERVICE (SUGAR INDUSTRY) LAND SETTLEMENT ACT OF 1946 " ; PART V. — AMENDMENTS OF §" THE STOCK ROUTES AND RURAL LANDS PROTECTION ACTS, 1944 TO 1948." .ATitTnil=s PART II.—AMENDMENTS OF *" THE LAND ACTS, 1910 TO OF "THE LAND ACTS, 1948. " 1910 TO 1948." Construction 3. This Part II. of this Act shall be read as one of Part II. with *" The Land Acts, 1910 to 1948," and that Act and this Part II. of this Act may be collectively cited as "The Land Acts, 1910 to 1949.' * 1 G. 5 No. 15 and amending Acts. t 9 G. 6 No. 25 and amending Act. 11 G. 6 No. 19. § 8 G. 6 No. 16 and amending Acts.

LAND. 47 1949. Land Acts and Other Acts Amendment Act. PART IL AMENDMENTS OF "THE LAND ACTS. 1910 TO 1948." 1948 4 ," . iSsercetpieoanlefdiftayn-dtwthoeoffo*ll"o T w h in e g L s a e n c d tio A n ct i s s , i1n9s1e0rte •t d o Re 5d p 2 e n a oe l fw of in lieu thereof, namely 1 Geo. V. No. 15. "[52.] Subject to this Act- Maximum (a) A person shall not be competent to hold two holding as or more Grazing Selections the aggregate area of which exceeds thirty thousand acres and the aggregate rent of which for the respective first periods of the leases thereof exceeds four hundred pounds per annum; and (b) A person who is the selector or lessee of one or more Grazing Selections shall not be competent to apply for another Grazing Selection where the aggregate area of the Grazing Selection or Grazing Selections already held by him and of that other Grazing Selection exceeds thirty• thousand acres and the aggregate rent of all such Grazing Selections for the respective first periods of the leases thereof exceeds four hundred pounds per annum." 5. Paragraph (c) of section one hundred and fifty Amendment of *" The Land Acts, 1910 to 1948," is repealed .and the 7f 0,;:f following paragraph is inserted in lieu thereof, namely No. 15. " (c) In cases in which compensation is payable, not being cases of resumption for public purposes, on a date to be proclaimed by the Governor in Council, not being less than thirty clear days after the service of the notice of resumption, unless the Minister discontinues such resumption in manner hereinafter mentioned." 6. The proviso to, and being the second paragraph Amendment of, subsection one of section one hundred and fifty-four fi5," of of *" The Land Acts, 1910 to 1948," is repealed. No. 15. PART III.— PART 111.—AMENDMENTS OF t" THE WAR SERVICE LAND AM O E F NDHMEENTS SETTLEMENT ACQUISITION ACTS, 1945 TO 1948." WAR L S A ENRDVICE 7. This Part III. of this Act shall be read as one SAECTQTULIESMITEIONNT with 1-" The War Service Land Settlement Acquisition Acts, AcT1s19,94485. " TO 1A9c4t5m t a o y1b9e48co, " llaencdtivthelayt Acictetdanasd " th T i h s e P W ar a t r II S I e . r o v f ic th e i L s a c n o d nsoftrPuacrttiIoIIn. Settlement Acquisition Acts, 1945 to 1949." * 1 G. 5 No. 15 and amending Acts. f 9 G. 6 No. 25 and amending Act.

48 LAND. PART III.— ATII fErNETs Land Acts and Other Acts Amendment Act. WAR SERVICE LAND SETTLEMENT 13 GEO. VI. No. 50, AACCTSQ, 1 U 9 I 4 S 5 I T T O ION • 8. Section eleven of *" The War Service Land 1948." Settlement Acquisition Acts, 1945 to 1948," is repealed oAfmse. n1d1moefnt and the following section is inserted in lieu thereof, N 9 o G . e2o5. . VI. namely :— Compensa- " [11.] Where the Minister takes, for the purpose rctieeosrenptacaintss ionf 1th"` is T A he ct L , t a h n e d w A h c o ts le , 1o9r1a0ny to p1a9rt4o9f, " ainhorledsipnegctasofdewfhinicehd hdfe"ofli T dn h enid e gs L ina a s nd tchoamnpfeonrsaatipounbwliocupldurbpeopsea) yaubnldeeurpDonivriessiuomn pVtiIo.no( foPthaerrt 1 A 9 c 4 ts 9 , ." 1910 I° bVeI. p o a f id suinchrelsapsetcmt eonftsiounchedhoAldcitns, gtohre pcaormt tpheenresoaftisohnaltlo, subject to section fourteen hereof, be the amount of compensation which would be payable had the resumption been made by the Governor in Council under the said Division VI., and the provisions of the said Division VI. shall apply and extend accordingly." Amendment 9. Section 12A of *" The War Service Land Settlement o9fG s. e 1 o 2 . A VIo. f Acquisition Acts, 1945 to 1948," is amended as follows :-- No. 25. (a) By the repeal of subparagraph (ii.) of subsection one thereof and by the insertion, in lieu of that repealed subparagraph, of the following subparagraph, namely :--- (ii.) In payment or satisfaction in part for any • land of that owner acquired under this Act." (b) By the repeal of subsection two thereof and by the insertion, in lieu of that repealed subsection, of the following subsection, namely :-- "(2.) The value of any lands agreed to be exchanged as of equal value and, in the case of any such agreement for any such grant in payment or satisfaction in part for any land of the owner concerned acquired under this • Act, the value of the land to be so granted, shall be determined by the Land Court. Where necessary, the Land Court shall determine the value of any improvements on any such lands." PART IV.— AMOEFND" TMEEENTS PART IV.—AMENDMENTS OF t" THE WAR SERVICE (SUGAR WAR SERVICE IN ( D SU U G ST A R R Y) INDUSTRY) LAND SETTLEMENT ACT OF 1946." LAND SETTLEMENT 10. This Part IV. of this Act shall he read as one ACT OF 1946." with t" The War Service (Sugar Industry) Land Settlement o C f o P n a st r r t u I c V tio . n Act of 1946," and that Act and this Part IV. of this Act may be collectively cited as " The War Service (Sugar Industry) Land Settlement Acts, 1946 to 1949." * 9 G. 6 No. 25 and amending Act. t 1 G. 5 No. 15 and amending Acts. 11 G. 6 No. 19.

LAND. 49 PAR'rIV.- 1949. Land Acts and Other Acts Amendment Act. A~ ~ N. ~ ~ : ~ TS _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ WAR SERVICE (SUGAR 11. Section three of *" The War Service (Sugar INt~ ~ ~y) Industry) Land Settlement Act of 1946" is amended by l~ .i~ iE~ ~~ " inserting after the words and figure " PART III.-. Amendment ASSIGNMENT TO SUGAR MILLS OF LANDS UPON WHICH~ ~ SG! o0fVI DISCHARGED MEMBERS OF 'THE NAVAL, MILITARY, AND No. 19: . AIR FORCES ARE SETTLED" the words and figure "PART IV.-PREFERENCE TO DISCHARGED MEMBERS OF 'l'HE NAVAL, MILITARY, AND AIR FORCES." 12. Subsection two of section thirteen of *" The War Amendment Service (Sugar Industry) Land Settlement Act of 1946" ~ ~ ~ 13 ~I is amended by adding .the following proviso thereto, No. : ~ : . namely:- " And provided further that if the Central Sugar Cane Prices Board is satisfied that any sugar mill is not manufacturing annually the quantity of ninety-four net titre sugar so specified from all lands assigned to such mill, whether pursuant to this Act or otherwise, and that it is not practicable to assign to such sugar mill a sufficient area of land to increase the average annual production of such sugar to such specified quantity and such increase of three per centum thereon, such Board may pursuant to this Act at any time and from time to time assign. to any other sugar mill or sugar mills a sufficient area or sufficient areas of land owned by, allotted to, or leased by the Crown to eligible persons to increase the average annual production of such sugar mill or sugar mills by a quantity or quantities of such sugar as shall be equal in the aggregate to the amount by which the existing average annual production of the sugar mill, to which it is not practicable to assign a sufficient area of land as aforesaid, is less than the quantity of such sugar so specified opposite and relative to the name of that sugar mill and the name of the owner thereof as aforesaid and the increase of three per cent. thereon hereinbefore mentioned." 13. The following headnote and section are inserted Insertion of after section sixteen of *" The War Service (Sugar Industry) if~ v. ~ ~ Land Settlement Act oJ 1946," namely:- No. 19: . "PART IV.-PREFERENCE TO DISCHARGED MEMBERS OF THE NAVAL, MILITARY, AND AIR FORCES. [17.] The Central Sugar Cane Prices Board, when Preference as mcoanksienqgueanstsigonnmtehnets tooftaa I ddqiutiaonntaI . tlyla 0 nfdsn' mtoetsYu- g £ loaur rmnilelst amtoddeainBtitsosoingn f a · l titre sugar specified opposite and relative to the names lands. * 11 G. 6 No. 19.

50 LAND. PART IV.- A: : ~ P. r: : TS Land Acts and Other Acts Amendment Act. 13 GEO. VI. No. 50, WAR SERVIOIll _ _ _ _ _ _ _ _ _ _ _ _ _ _ _- - - - - - - - - - , (SUGAR IN~ ~ ~ ~ Y) of sugar mills and the owners thereof in the Proclamation : ~ ~;E~~~ : ' . made under *" The Sugar Acquisition' Act of 1915 " and published in the Gazette of the eleventh day of June, one thousand nine hundred ap.d forty-nine, being greater than the total quantity of such sugar specified opposite the names of such mills and the owners thereof in the Proclamation made under such lastmentioned Act and published in the Gazette of the twenty-sixth day of May, one thousand nine hundred and forty-nine, shall, pursuant to this Part of this Act and as far as it is satisfied that it is reasonable and practicable to do so, give preference in respect of lands leased by the Crown to or owned by eligible persons to the extent of fifty per centum of the aggregate area of such assignments of 'additional lands to all sugar mills. For the purposes of this section, additional lands shall not include lands which the said Board deems fit to assign to a sugar mill by way of inerease in the area or areas of any particular assignment or assignments in force at the date of the passing oft" The Land A cts a11f1 Other Acts Amendment Act of 1949" in respect of that sugar mill." Repeal of and new 14. The Schedule to t" The War Service (Sugar Schedule to Industry) Land Settlement Act of 1946" is repealed and the N11o G .I e 9 o . . VI. following Schedule is inserted in lieu thereof, namely:- Schedule. " SCHEDULE. Name of Mill Owner. Name of Mill. Quantity of I 94 Net Titre Sugar. The Babinda Central Mill Company Limited .• Babinda Gibson and Howes, Limited Bingera The Cattle' Creek Co-operative Sugar Milling Association, Limited .. Ca.ttle Creek Fairymead Sugar Company, Limited .. Fairymead Farleigh Co-operative Sugar Milling Association, Limited .. Farleigh Gin Gin Co-operative Sugar Milling Association, Limited .• Gin Gin The Colonial Sugar Refining Com- pany, Limited .• Goondi The Colonial Sugar Refining Com- pany, Limited .• Hambledon .• Tons. 39,600 27,800 13,400 25,700 27,600 8,000 32,400 39,600 * 6 G. 5 No. 2. t This Act. t 11 G. 6 No. 19.

1949. LAND. 51 PART IV.- Land Acts and Other Acts Amendment. Act. AMENDMENTS OF" THE WAR SERVICE (SUGAR SCHEDULE-continued. INDUSTRY) LAND SETTLEMENT ACT OF 1946." Quantity of Name of Mill Owner. Name of Mill. 94 Net Titre Sugar. Tons. Pioneer Sugar Mills (Pty.), Limited Inkerman 36,800 The Haughton Sugar Company, Limited .. Invicta 18,300 Isis Central Sugar Mill Company, Limited .. Isis .. 30,000 The Australian Estates Company, Limited .. Kalamia 35,400 The Colonial Sugar Refining Com- pany, Limited .. Macknade 39,900 The Marian Central Mill Company, Limited .. Matian 28,600· The Maryborough Sugar Factory Pty., Limited Maryborough 9,500 The Millaquin Sugar Company, Limited .. Millaquin 24,100 Moreton Central SugaI Mill Com- pany, Limited .. Moreton 16,000 Mossman Central Mill Company, Limited .. Mossman 22,000 The Mount Bauple Co-operative Sugar Milling Association, Limited .. Mount Bauple 7,200 Australian Sugar Company, Pro- prietary, Limited Mourilyan 29,700 The Mulgrave Central Mill Com- pany, Limited .. Mulgrave 40,100 North Eton Co-operative Sugar Milling Association, Limited .. North Eton 14,500 Pioneer Sugar Mills (Pty.), Limited Pioneer 30,100 Plane Creek Central Mill Company, Limited .. Plane Creek 28,600 Amalgamated Sugar Mills, Limited Pleystowe 29,200 Proserpine Co-operative Sugar Milling Association, Limited .. Proserpine 26,300 The Millaquin Sugar Company, Limited .. Qunaba 11,200 The Racecourse Co-operative Sugar Association, Limited Racecourse 29,000 W. H. Heck and Sons, Proprietary, Limited .. Rocky Point 2,700 The South Johnstone Co-operative Sugar Milling Association, Limited .. South Johnstone 39,600 Tully Co-operative Sugar Milling Association, Limited Tully .• 42,100 The Colonial Sugar Refining Com- pany,.Limited .. Victoria 43,600" - - - - - -- - -- - -- - - - - - - - - - - - - - - ~ - -- - -- - -- - -- - -~-

52 LAND. PART V.- s AM ~ O E ~ F ND " l M T g H EN ~ E T s S __ V _ a _ lu _ at _ io _ n _ of _ L _ a _ nd _ A _ c _ ts _ A _ m _ en _ d _ m _ en _ t _ A _ ct _ . _ 1 _ 3 _ G _ EO _ . V _ I _ . _ No _ . _ 36, PR~ ~ :~ Ti: ON PART V.-AMENDMENTS OF *" THE STOCK ROUTES AND ACT~ 91: .t! TO RURAL LANDS PROTECTION ACTS, 1944 TO 1948." Construction 15. This Part V. of this Act shaH be read as one of Part V. with *" The Stock Routes and Rural Lands Protection Acts, 1944 to 1948," and that Act and this Part V. of this Act may be collectively cited as "The Stock Routes and Rural Lands Protection Acts, 1944 to 1949." Amendments 16. Section thirteen of *" The Stock Routes and o 8 fGs. e 1 o 3 . o V f I. Rural Lands Protection Acts, 1944 to 1948," is amended-· No. 16. (a) By repealing the word" nine" where it appears in subsection one thereof and by inserting, in lieu of that repealed word, the word " ten " ; (b) By adding to subsection one thereo~ the following new paragraph :- " (ix.) An officer of The Commissioner of Irrigation and Water Supply nominated in that behalf by such Commissioner." 13NGoE.O3. 6V. I. An Act to Amend "The Vaiuation of Land Acts, THE VALUATION OF 1944 to 1947," in certain particulars. LAND ACTS AMENDMENT ACT OF 1949. [ASSENTED TO 7TH OCTOBER, 1949.] B E it enacted by the King's .Most Excellent'Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- Short title 1. This Act may be cited as "The Valuation of : ~ ~ struction. Land Acts Amendment Act of 1949," and shall be read as one with t" The Valuation of Land Acts, 1944 to 1947," herein.referred to as the Principal Act. Collective The Principal Act and this Act may be collectively title. cited as "The Valuation of Land Acts, 1944 to 1949." Amendment 2. Subsection two of section eleven of the Principal Of8.11!(2). Act is amended by repealing paragraph (ii.) thereof and by inserting, in lieu of that repealed paragraph, the following paragraph, namely:- " (ii.) The Governor in Council shall, by Proclama- tion, fix a date on and after which the first valuation made by the Valuer-General of all lands in an Area shall, subject to objection or appeal under this Act, be the valuation of all lands required by this Act to be valued by the Valuer-General in. that Area. * 8 G. 6 No. 16 and amending Acts. t 8 G. 6 No. 3 and amending Acts.