Land Acts and Other Acts Amendment Act of 1951 (15 Geo Vi No. 11) (Qld)

LAND. 15 GEO. VI. No. 11, 1951. Land Acts, Etc., Amendment Act. 133 LAND. (1) Land Acts and Other Acts Amendment Act of 1951 .. (2) Valuation of Land Acts Amendment Act of 1950 .. (3) War Service Land Settlement Validation Act of 1950 .. 15 Geo. VI. No. 11 15 Geo. VI. No. 4 14 Geo. VI. No. 8 An Act to Amend" The Land Acts, 1910 to 1950," 153~~ir' " The Prickly-pear Land Acts, 1923 to !' ~ : ~~ = .1941," "The Discharged Soldiers' Settlement AJoIE~ < ; : UNT Acts, 1917 to 1945," "The War Service ' \ ~ ~ f. F Land Settlement Acts, 1946 to 1950," "The Closer Settlement Act Amendment Act of 1917," "The Irrigation Acts Amendment. Acts, 1933 to 1949," "The War Service (Sugar Industry) .Land Settlement Acts, 1946 to 1949," and "The Public Works Land Resumption Acts, 1906 to 1940," each in certain particulars, and for other purposes. [ASSENTED TO 30TH MARCH, 1951.] 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 I.-PRE;LIMINARY. PART 1.- PRELIlIIlNARY. 1. This Act may be cited as " The Land Acts and Short title. Other Acts Amendment Act of 1951." 2. This Act is divided into Parts, as follows : - Parts of Act. PART I.-PRELIMINARY; PART Il.-AMENDMENTS OF *" THE LAND ACTS, 1910 TO 1950"; t" PART IlL-AMENDMENTS OF THE PRICKLY· PEAR LAND ACTS, 1923 TO 1941"; -------------------------------------------- * 1 G. 5 No. 15 and amending Acts. t 14 G. 5 No. 34 and amending Acts.

134 PART 1.- ipRBLUIINARY. LAND. Land Acts, Etc., Amendment Acts. 15 GEO. VI. No. p, *" PART IV.-AMENDMENTS OF THE DISCHARGED SOLDIERS' SETTLEMENT ACTS, 1917 TO 1945 " ; PART V.-AMENDMENTS OF t" THE WAR SERVICE LAND SETTLEMENT ACTs, 1946 TO 1950"; t" PART VI.-AMENDMENTS OF THE CLOSER SETTLEMENT ACT AMENDMENT ACT OF 1917" ; PART Vn.-AMENDMENTS OF §" THE IRRIGATION ACTS AMENDMENT ACTS, 1933 TO 1949"; I!" PART VIn.-AMENDMENTS OF THE WAR SERVICE (SUGAR INDUSTRY) LAND SETTLE- MENT ACTS, 1946 TO 1949"; PART IX.-AMENDMENTS OF ~" THE PUBLIC WORKS LAND RESUMPTION ACTS, 1906 TO 1940" ; PART X.-GENERAL. PART II.- AMENDMENTS OF "THE LAND **" PART n.-AMENDMENTS OF THE LAND ACTS, 1910 TO 1950." ACTS, 1910 TO 1950," 3 This Part of this Act shall be read as one with CofotnhsitsruPcatirot.n **" Th' e L and Acts, 19lO to 1950,' ' here . ma f ter m . t h I ' S P art referred to as the Principal Act. Collective The Principal Act and this Part of this Act may title. be collectively cited as " The Land Acts, 19lO to 1951." Amendment. 4. Subsection two of section forty of the Principal of s. 40 (2). Act is amended by adding thereto the following paragraph, namely :- " (e) That the lease shall be subject to a reserva- tion or reservations with respect to the land comprised therein or any part or parts of that land (and whether of a specified area or of a specified part or parts of that land or generally without specifying any part of that land or area of that land) for or for any purpose of or connected with any works under and within the meaning of tt" The Irrigation Acts, 1922 to 1949." - - - - - - - - - - - - - - - - - - - - - - ~ - - - - * 7 G. 5 No. 32 and amending Acts. t 10 G. 6 No. 23 and amending Act. t R G. 5 No. 10. § 24 G. 5 No. 21 and amending Acts. 11 11 G. 6 No. 19 and amending Act. ~ 6 E. 7 No. 14 and amending Acts. ** 1 G. 5 No. 15 and amending Acts. tt 13 G. 5 No. 29 and amending Acts.

LAND. 135- PART 11.- 1951. Land Acts, Etc., Amendment Act. AMENDlIE.NTS • OF .. THE LAND ACTS. 5 • S U bsect I·on £ our 0 f sectI.On £ ort y -one 0 f the A 19 m 10 e T n O d 1 m 95 e 0 n . t ': Principal Act is repealed and the following subsection of s. 41; is inserted in lieu of that repealed subsection, namely : - " (4.) Except in a case where payment by the successful applicant for improvements on the land is required to be made, the lease shall be issued to him and shall commence on the quarter day next ensuing after the date of acceptance of his application. In a case where payment by the successful applicant for improvements on the land is required to be made, the lease shall not be issued to him until he has paid the amount of the value or provisional valuation of the improvements. When payment as aforesaid has been made by the successful applicant, the lease shall be issued to him and shall commence on the quarter day next ensuing after the date of that payment." 6. Subsection two of section fifty-four of the Amendment Principal Act is amended- of s. 54 (2). (a) By repealing the words "five years" where those words appear in subparagraph (b) of paragraph (iV.E) of that subsection and by inserting, in lieu of those repealed words the words " seven years". (b) By adding thereto the' following paragraph, namely:- " (vii.) In the case of a Grazing Selection- impose a condition that the selection shall be subject to a reservation or reservations w~ th respect to the land comprised therein or any part or parts of that land (and whether of a specified area or 'of a specified part or parts of that land or generally without specifying any part of that land or area of that land) for or for any purpose of or connected with any works under and within the meaning of *" The Irrigation Acts, 1922 to 1949." " 7. Subsection . t~ree of section one hund~ ed ~ ~ ~ ~ ( ~ ~ and four of the PrmCIpal Act is amended by repealmg the word "fifteen" and by inserting, in lieu of that repealed word, the word "seven " . .. 13 G. 5 No. 29 and amending Acts.

136 LAND. -eART II.- AMENDMENTS OF "THE LAND ACTS, 1910TO 1950." Land Acts, Etc., Amendment Acts. 15 GEO. VI. No.1l, Amendment 8. Subsection five of section llOA of the Principal ofs.llOA (5). Act is amended by repealing the word "fifteen" and by inserting, in lieu of that repealed word, the word " seven ". Existing perpetual lease tenures. 9. (l.) In this section- (a) The term the "said date" means the date of the passing of this Act; and (b) The term "current rental period" means a period of fifteen years current at the said date for which the Court has before the said date determined the annual rent for a perpetual lease selection or a perpetual lease prickly-pear selection selected before the said date. (2.) The first determination to be made by the Court- (a) Under subsection three of section one hundred and four of the Principal Act as amended by this Act, in the case of a perpetual lease selection selected before the said date; or (b) Under subsection five of section llOA of the Principal Act as amended by this Act, in the case of a perpetual lease prickly-pear selection selected before the said date, of the annual rent for a period of seven years shall be so made- (c) In respect of the period of seven years commencing on the quarter day next following the said date, if the seventh year of the current rental period shall have expired on or before the said date. (d) In respect of the period of seven years commencing on the expiration of the seventh year of the current rental period, if that seventh year expires after the said date. (3.) Where the annual rent for a period of fifteen years commenced before the said date of a perpetual lease selection or of a perpetual lease prickly-pear selection selected before the said date has not been determined by t,he Court before the said date pursuant

LAND. ".137 . PAR'I'II.- ~ HEND) [ ENTS 1951. Land Acts, Etc., Amendment Act. . OF .. THE I,AND - - - - - - - - - - - - - , - - - - - - - - - - - - - - - 191o~~Tf950 ... to the applicable provisions of the Principal Act as in force prior to the amendment of those provisions by this Act, then the Court shall in lieu of determining that annual rent for a period of fifteen years determine it for the period of seven years which commenced on the expiration of the next preceding period for which that annual rent was fixed under the Principal Act or determined by the Court. (4.) In every case where the period of fifteen years or longer for whioh the annual rent of a perpetual lease selection or a perpetual lease prickly-pear selection has been fixed before the said date under the Principal Act (or, in the oase of suoh a period longer than fifteen years, under *" The Prickly-pear Land Acts, 1923 to 1941 ") is current at the said date, the first determination to be made by the Court of the annual rental for a period of seven years shall be so made in respect of the period of seven years commencing on the expiration of that period of fifteen years or longer. 1 O. Section one hundred and fifty-two of the Repeal of Principal Act is repealed. s. 152. 11. The following subseotion is added to seotion Amendment one hundred and fifty-four of the Principal Act, ofs. 154. namely:- " (5. ) Notwithstanding any other provision of this Act or any provision of t" The Public Works Land Resumption Acts, 1906 to 1951," or of any other Act or law no compensation whatsoever shall be payable or reooverable in respect of the resumption for or for any purpose of or connected with any works under and within the meaning of t" The Irrigation Acts, 1922 to 1949," of any land comprised in a Pastoral Holding or Grazing Selection where the land so resumed is the subject of a reservation for the purpose for whi9h it is resumed, excepting that the lessee shall be entitled to be paid as compensation the value of any improvements upon the resumed land." .. 14 G. 5 No. 34 and amending Acts. t 6 E. 7 No. 14 and amending Acts. t 13 G. 5 No. 29 and amending Acts.

138 LAND. PARTU.- AMENDMENTS OF. "THE LAND . ACTS, 1910 TO 1950." New s. 168A Land Acts, Etc., Amendment Acts. 15 GEO. VI. No.n, 12. The following section is inserted after section inserted. one hundred and sixty-eight of the Principal Act, namely:- Subdivis.ion " [168A.] (1.) In the case of a selection held under ohfelsdeluecntdIOerns perpet ua I I ease tenure compn . s . mg I and SI 'tuat ed Wl 'thm' perpetua.l or adjacent to a city, town, or township, an application : : ~e tenure under section one hundred and sixty-eight of this Act for socuofbntdevinevruisrsieioononfs bpeyrmaissfiuornthteor saupbpdliivciadteiotnhatto lahnadvemathyebeteancucroemopfanti h ede thereof. respective proposed subdivisions of that land or of part of that land specified in that further application converted to perpetual town or perpetual suburban lease under Part V. of this Act. (2.) When a further application is made under subsection one of this section the instrument of lease in question shall be lodged in the Department of Public Lands with that further application and shall be retained in that Department if the application and further application are approved. (3.) If the Minister approves of the subdivision .and of the further application for conversion of tenure, the Minister may determine the respective rentals under the converted tenure for the first period thereof of fifteen years of each and every subdivision in respect of which a conversion of tenure applied for as aforesaid is approved by the Minister and may for the purposes of that converted tenure impose in respect of each and every subdivision such other conditions as he could impose if that subdivision were land offered for sale by public auction under Part V. of this Act. (4.) The tenure of a subdivision shall not under this section be converted to perpetual town lease if its area exceeds one half of an acre or to perpetual suburban lease if its area exceeds five acres. (5.) Where the Minister has approved both of the subdivision of a selection held under perpetual lease tenure and of the conversion of the tenure of any subdivision of that land to perpetual town or perpetual suburban lease, the lessee of that selection may at any time after the date when the Minister so approves, and notwithstanding any provision of this Act to the contrary, but subject nevertheless to the consent of the Minister,

LAND. 139 PART ll.- 1951. Land Acts, Etc., Amenqment Act. A ldENDldENTS OF "THE LAND ACTS, t rans £, er or assI • gn the converted tenure 0 fthat subdI'V"Islon 19IOT01950," to a person qualified under this Act to acquire and hold under that converted tenure the land comprised in that subdivision. Upon the lodgment and registration ill the Department of Public Lands of a properly executed instrument of such transfer or assignment a lease of the land comprised in the subdivision so transferred or assigned shall be issued to the transferee or assignee. That lease shall commence on the quarter day next following the date of lodgment in the Department of Public Lands of the instrument of transfer or assignment as aforesaid: Provided that the lease under the converted tenure for a subdivision may be issued to the lessee holding the selection in question under perpetual lease tenure if, but only if, that lessee would be qualified under this Act to acquire and hold under the converted tenure the land comprised in that subdivision if that subdivision were land offered for sale by public' auction under Part V. of this Act. In that case the lease shall be deemed to have commenced on the quarter day next following the date on which the Minister approved both of the subdivision and of the converted tenure therefor. (6.) As and when the lease under the converted tenure as aforesaid of a subdivision of a selection held under perpetual lease tenure commences, the rent payable by the lessee of that selection shall be adjusted by deducting therefrom a sum which bears the same proportion to the amount of that rent as the area of that subdivision bears to the area of the selection. (7.) In the case of a further application under this. section to have the tenures of the respective proposed subdivisions of part of the land comprised in a selection converted as aforesaid, then if the Minister approves. of the subdivision and of the further application, a new lease under the perpetual lease tenure of the selection shall be issued to the applicant lessee for the remaining part of that selection. The provisions of section one hundred and sixty-eight, of this Act shall, subject to all necessary adaptations, apply and extend for the purposes of this subsection..

140 LAND. PART II.- AMENDMENTS 01/ . Land Acts, Etc., Amendment Acts. 15 GEO. VI. No. 11, "THE LAND AO,!,S, 1910 TO 1950." (8.) When and so often as the new lease under perpetual lease tenure or a lease under a converted tenure provided for in this section is issued pursuant to this section for a part or subdivision of a selection held under perpetual lease tenure, the officer of the Department of Public Lands charged with the duty of recording transactions affecting leasehold tenures of lands under this Act shall enter in the appropriate register kept under this Act and shall likewise endorse upon the lease of that selection a memorandum recording the issue of the aforesaid new lease or of the lease under the aforesaid converted tenure, and particulars of the part or subdivision in respect of which it has issued. Upon such entry and endorsement being made the lease of that selection shall be deemed to be thereby cancelled, on and from the quarter day on which the aforesaid new lease or the lease under the aforesaid converted tenure commences, in respect of so much of the selection as comprises the part or subdivision of the selection specified therein. (9.) For each period of fifteen years after the first such period of the lease under the converted tenure the rent shall be determined by the Court at a sum equal to three pounds per centum of the fair unimproved capital value of land of similar quality in the same neighbourhood, but in no case shall the annual rent be less than five shillings per annum. The provisions of Part V. of this Act shall, so far as they can be applied, apply to and with respect to a lease under perpetual town or perpetual suburban tenure issued under this section." Amendment 13. Section one hundred and eighty-two of the of s. 182. Principal Act is amended by adding thereto the following paragraph, namely;- " The holder for the time being of the office of a Minister of State for this State or of any other office under the Crown in right of this State may be, and it is hereby declared always could have been, appointed a trustee of a reserve or of land granted in trust without being named; and in every such case each successive holder of the office in question shall during his continuance in that office be and, in the case of such an appointment

LAND. 141 PART II.- 1951. Land Acts, Etc., Amendment Act. AlIfllNDlIfllNT OF "THE LAND ACTS, made before the passing of *" The Land Acts and Other 1910 TO 1950." Acts Amendment Act of 1951," shall be deemed always to have been, a trustee of that reserve or land granted in trust." 14. The following section is inserted after section ~ ew s. 205A two hundred and five of the Principal Act, namely:- mserted. " [205A.] A person who sells a prickly-pear plant Sa! e~ f shall be guilty of an offence and liable to a penalty ~ ~ : . Ji~ ts of not more than fifty pounds. prohibited. In this section- (a) The term "sell" and derivatives of that term include barter, and also include agree to sell, or offer or expose for sale, or keep or have in possession for sale, or receive, send, forward, or deliver for or on sale, or authorising, causing, permitting, suffering, or attempting any of such acts or things; and (b) The term" prickly-pear plant" includes any flower, seed, fruit, cutting, live root, slip, PART or other live part-of a prickly-pear plant. " t" lIl.-AMENDMENTS OF THE PRICKLY-PEAR LAND ACTS, 1923 TO 1941." PART III.- AlI1ENDl!ENTS OF "THE PRICKLY-PEAR T,AND ACTS, 1923 TO 1941." 15. This Part of this Act shall be read as one with Construction t" The Prickly-pear Land Acts, 1923 to 1941," and that of this Part. Act and this Part may be collectively cited as "The Prickly-pear Land Acts, 1923 to 1951." 16. Section nineteen of t" The Prickly-pear Land Amendments Acts, 1923 to 1941," is amended as follows : - ~ ~ ~ ; ~ ~~ (a) Paragraph (ii.) of subsection six thereof is No. 34. amended by repealing the word "fifteen'" and by inserting, in lieu of that repealed word, the word" seven". (b) Paragraph (iii.) of subsection six thereof is amended by repealing the word "fifteen" and by inserting, in lieu of that repealed word, the word" seven". 1 7. Section six of t" The Prickly-pear Land Acts Amendment Amendment Act of 1930" is amended as follows:- ~ ~ G: o~ ~ . (a) Paragraph (3) thereof is amended by repealing No. 28. the words "the second and succeeding periods shall each be of a duration of fifteen years" and by inserting, * This Act. t 14 G. 5 No. 34 and amending Acts. ~ 21 G. 5 No. 28.

142 LAND. PART IlI.- AMENDMENTS OF ' ~ THE Land Acts, Etc., Amendment Acts. 15 GEO. VI. No. 11, PRICKLY·PEAR --------- - ----------------------- - - - - - - - - - - - 19 L 2 A 3 NTDO A 1 C 9' T ~ S, .I • n l I ' eU 0 f those repea1ed words, t he words " the second period shall be of a duration of fifteen years and the third and succeeding periods after the third shall each be of a duration of seven years". (b) The third subparagraph of paragraph (5) thereof is amended by repealing the words "fifteen years " and by inserting, in lieu of those repealed words, the words "seven years ". PART IV.- AMENDMENTS OF "THE PART IV.-AMENDMENTS OF *" THE DISCHARGED DISCHARGED SOLDIERS' SOLDIERS' SETTLEMENT ACTS, 1917 TO 1945." SETTLEMENT 1917' i~T: 945." 18. This Part of this Act shall be read as one Construction with *" The Discharged Soldiers' Settlement Acts, 1917 to of this Part. 1945," and that Act and this Part may be collectively cited as " The Discharged Soldiers' Settlement Acts, 1917 to 1951." Amendment 19. Section 5A of *" The Discharged Soldiers' ~ fG' 5~ o~ Settlement Acts, 1917 to 1945," is amended by :r:epealing 32. eo . o. the words "each period of fifteen years thereafter" where those words appear in paragraph (2) of that section and by inserting, in lieu of those repealed words, the words " each period of seven years thereafter". Existing perpetual lease tenures to which S. 5A of 7 Geo.V.No. 32 applies. 20. (1.) In this section- (a) The term the" said date" means the date of the passing of this Act ; and (b) The term " current rental period " means a period of fifteen years current at the said date for which the Court has before the said date determined the annual rent for a perpetual lease selection selected before the said date and to which the provisions of section 5A of *" The Discharged Soldiers' Settlement Acts, 1917 to 1951," apply. (2.) The first determination to be made by the Court under paragraph (2) of section 5A of *" The Discharged Soldiers' Settlement Acts, 1917 to 1951," of the annual rent for a period of seven years of a perpetual lease selection selected before the said date shall be so made- (a) In respect of the period of· seven years commencing on the quarter day next following the said date, if the seventh year of the current rental period shall have expired on or before the said date; ". 7 G. 5 No. 32 and amending Acts.

LAND. 143 PARTIV.- ______________________________________________ 1951. Land Acts, Etc., Amendment Act. AMENDMENTS OF U THE D~ ~ ~ ~ : . D (b) I n respect 0 f t h e peTI . o d 0 f seven years SltlTATLCETMS,ENT commenc.mg o. n the expl.l'atI'On 0 f the seventh 1917TO 1945," year of the current rental period, if that seventh year expires after the said date. (3.) Where the annual rent for a period of fifteen years commenced before the said date of a perpetual lease selection selected before the said date has not been .determined by the Court before the said date pursuant to the provisions of paragraph (2) of section 5A of *" The Di8charged Soldiers' Settlement Acts, 1917 to 1945," as in force prior to the amendment of those provisions by this Act, then the Court shall in lieu of determining that annual rent for a period of fifteen years determine it for the period of seven years which commenced on the expiration of the next preceding period for which that annual rent was fixed under the provisions of the said sec~ ion 5A (as in force prior to the amendment of those provisions by this Act) or determined by the Court. (4.) In every case where the period of fifteen years for which the annual rent of a perpetual lease selection to which the provisions of section 5A of *" The Discharged Soldier8' Settlement Acts, 1917 to 1951," apply has been fixed before the said date under the provisions of paragraph (2) of th~ said section 5A (as in force prior to the amendment of those provisions by this Act) is current at the said date, the first determination to be made by the Court of the annual rental for a period of seven years shall be so made in respect of the period of seven years commencing on the expiration of that period of fifteen years. PART V.- AMENDMENTS OF .. THlII t" PART V.-AMENDMENTS OF THE WAR SERVICE WARL~ ~ VIOB LAND S ETTLEMENT ACTS, 1946 TO 1950." SETTLEMENT ACTS, 1946 TO 1950." 21. This Part of this Act shall be read as one with Construction t" The War Service Land Settlement Acts, 1946 to 1950," of this Part. and that Act and this Part may be collectively cited as " The War Service Land Settlement Act8, 1~ 46 to 1951." 22. Subsection one of section ten of t" The War Amendment Service Land Settlement Acts, 1946 to 1950," is amended oh. 10 (I). by repealing subparagraph (iii.) of the first paragraph of ... 7 G. 5 No. 32 and amending Acts. t 10 G. 6 No. 23 and amending Act.

144 LAND. Land Acts, Etc., Amendment Acts. 15 GEO. VI. No. 11, the said subsection one, and by inserting in lieu of that repealed subparagraph, the following subparagraph, namely:- "(iii.) The annual rent for each period of seven years thereafter shall be determined as prescribed by subsection three of section PART VI.- one hundred and four of the Principal Act." AMENDMENTS OF "THE CLOSER SETTLEMENT PART VI.-AMENDMENTS OF *" THE CLOSER ACT AMENDMENT SETTLEMENT ACT AMENDMENT ACT OF 1917." t~ i7~ ~ 23. This Part of this Act shall be read as one with Construction t" The Closer Settlement Acts, 1906 to 1941," and that Act ~ ! lfe~ ~ v: nd and this Part may be collectively cited as " The Closer title. Settlement Acts, 1906 to 1951." Amendment 24. Section three of *" The Closer Settlement Act of s. 3 of A mendment Act of 1917," as previously amended, is ~ o~ eo. v. No. further amended as follows :_ (a) The first paragraph thereof is repealed and, in lieu of that repealed paragraph, the following paragraph is inserted, namely : - " Section one hundred and four of t" The Land Acts, 1910 to 1951 " shall apply to perpetual Lease Selections under this Act, but with the following modifications :-". (b) The words "each period of fifteen years thereafter" are repealed where those words appear in the fourth paragraph thereof and, in lieu of those repealed words, the words " each period of seven years thereafter " are inserted. Existing perpetual lease tenures to which 8 Geo. V.No. 10 applies. 25. (1.) In this section- (a) The term the" said date" means the date of the passing of this Act ; and (b) The term "current rental period" means a period of fifteen years current at the said date for which the Court has before the said· date determined the annual rent for a perpetual lease selection under *" The Closer Settlement Act Amendment Act of 1917," selected before the said date. (2.) The first determination to be made by the Court under section three of *" The Closer Settlement Act Amendment Act of 1917," as amended by this Act of * 8 G. 5 No. 10. t 6 E. 7 No. 32 and amending Acts. :j: I G. 5 No. 15 and amending Acts.

LAND. 145 PARTVI.- 1951. Land Acts, Etc., Amendment Act. AMENDMENTS OF ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ _ "THE CLOSER SETTLEMENT the annual rent for a period of seven years of a perpetual ACT AMENDMENT lease selection under that lastmentioned Act selected ACT OF 1917." before the said date shall be so made- (a) In respect of the period of seven years commencing on the quarter day next following the said date, if the seventh year of the current rental period shall have expired on or before the said date; (b) In respect of the period of seven years commencing on the expiration of the seventh year of the current rental period, if that seventh year expires after the said date. (3.) Where the annual rent for a period of fifteen years commenced before the said date of a perpetual lease selection under *" The Closer Settlement Act Amendment Act of 1917," selected before the said date has not been determined by the Court before the said date pursuant to the provisions of section three of that lastmentioned Act as in force prior to the amendment of those provisions by this Act, then the Court shall in lieu of determining that annual rent for a period of fifteen years determine it for the period of seven years which commenced on the expiration of the next preceding period for which that annual rent was fixed under the said lastmentioned Act or determined by the Court. . (4.) In every case where the period of fifteen years for which the annual rent of a perpetual lease selection under *" The Closer Settlement Act Amendment Act of 1917," has been fixed before the said date under the provisions of section three of that lastmentioned Act is current at the said date, the first determination to be made by the Court of the annual rental for a period of seven years shall be so made in respect of the period of seven years commencing on the expiration of that period PARTvn.- of fifteen years. AMENDMEN'J' OF "THI! IRRIGATION t" PART VII.-AMENDMENTS OF THE IRRIGATION AME~<; ~ENT ACTS AMENDMENT ACTS, 1933 TO 1949." 1933-'igT f949." 26. This Part of this Act shall be read as one with Construction t" The Irrigation Acts Amendment Acts, 1933 to 1949," :lfective and that Act and this Part may be collectively cited as title of this " The Irrigation Areas (Land Settlement) Acts, 1933 to Part. 1951. " * 8 G. 5 No. 10. t 24 G. 5 No. 21 and amending Acts.

146 LAND. PART VII.- AHENDHENTS OF" THE IRRIGATION ACTS AHENDHENT Land Acts, Etc., Amendment Acts. 15 GEO. VI. No. 11, 1933 ~gT: 949. " 2 7. Subsection one of section one of *" The Irrigation Amendment Acts Amendment Acts, 1933 to 1949," is repealed and, ~ ~ SG~ o~ l) V~ f in lieu of that repealed subsection, the following No. 21. subsection is inserted, namely:- "(1.) This Act may be cited as "The Irrigation Areas (Land Settlement) Act of 1933." " Amendment 28. Section 5A of *" The Irrigation Acts Amendment ~ e~. ~ ~ ! ~ Acts, 1933 to 1949," is amended by repealing the words 21. "from and after the commencement of this Act" and by inserting, in lieu of those repealed words, the words " from and after the commencement of t" The Irrigation and Water Supply Oommi8sion Act and Other Act8 Amendment Act of 1949." Amendment ofs.90f24 29. Section nine of *" The Irrigation Acts Amendment Gao. V. No. Acts, 1933 to 1949," is amended by repealing the words 21. " each period of fifteen years thereafter", where those repealed words appear in the second paragraph of that section, and by inserting, in lieu of those repealed words, the words" each period of seven years thereafter." Existing per- petuallease tenures to which 24 Gao. V. No. 21andlGao. V. No. 15 apply. 30. (1.) In this section- (a) The term the "said date" means the date of the passing of this Act; and (b) The term" current rental period" means a period of fifteen years current at the said date for which the Court has before the said date determined the annual rent for a perpetual lease selection selected at any time before the said date under the provisions in force at that time of *" The Irrigation Areas (Land Settlement) Acts, 1933 to 1951," and t" The Land Acts, 1910 to 1951." (2.) The first determination to be made by the Court under section nine of *" The Irrigation Areas (Land Settlement) Acta, 1933 to 1951" of the annual rent for a period of seven years of a perpetual lease selection selected at any time before the said date under * 24 G. 5 No. 21 and amending Acts. t 13 G. 6 No. 48. t 1 G. 5 No. 15 and amending Acts.

LAND. 147 1951. Land Acts, Etc., Amendment Act. PAR'rVII.- AMENDMENTS OF" THE IRRIGATION ACTS the provisions in force at that time of *" The Irrigation AME: g. ; , ~ ~ NT Areas (Land Settlement) Acts, 1933 to 1951," and t" The 1933 TO 194~ . " Land Acts, 1910 to 1951," shall be so made : - (a) In respect of the period of seven years commencing on the quarter day next following the said date, if the seventh year of the current rental period shall have expired on or before the said date; (b) In respect of the period of seven years commencing on the expiration of the seventh year of the current rental period, if that seventh year expires after the said date. (3.) Where the annual rent for a period of fifteen years commenced before the said date of a perpetual lease selection selected at any time before the said date under the provisions in force at that time of *" The Irrigation Areas (Land Settlement) Acts, 1933 to 1951," and t "The Land Acts, 1910 to 1951," has not been determined by the Court before the said date pursuant to the provisions of section nine of *" The Irrigation Areas (Land Settlement) Acts, 1933 to 1951," as in force prior to the amendment of those provisions by this Act, then the Court shall in lieu of determining that annual rent for a period of fifteen years determine it for the period of seven years which commenced on the expiration of the next. preceding period for which that annual rent was determined by the Minister or, as the case may be, the Court under the provisions of the said section nine (as in force prior to the amendment of those provisions by this Act). (4.) In every case where the period of fifteen years for which the annual rent of a perpetual lease selection to which the provisions of section nine of *" The Irrigation Areas (Land Settlement) Acts, 1933 to 1951," apply has been determined by the Minister before the said date under the provisions of the said section nine (as in force prior to the amendment of those provisions by this Act) is current at the said date, the first determination to be made by the Court of the annual rental for a period of seven years shall be so made in respect of the period of seven years commencing on the expiration of that period of fifteen years. * 24 G. 5 No. 21 and amending Acts. t 1 G. 5 No. 15 and amending Acts.

148 LAND. PARTVII.- AMENDMENTS OF "THE IRRIGATION ACTS A~ ~ ~ NT Land Acts, Etc., Amendment Acts. 15 GEO. VI. "No. 11, 31. Section llF of *" The Irrigation Acts Amendment 1933T01949." Acts, 1933 to 1949," is renumbered subsection one of ~ e~Fe; t that section, and that section 'as so renumbered is ~ 4BGe: ~ . amended by adding thereto the following subsections, No. 21. namely :_ Section 175 "(2.) Section one hundred and seventy-five of Nofo1. 1G5eo. VI. t" The Land Acts . , 1910 " to 1951 " shall subJ'ect to any applied. necessary adaptations, apply and extend so that where, in a case specified in that section, the Crown land in question is within an Inigation Area, then under, subject to, and in accordance with the provisions of that section and, in the case of a perpetual lease, subject also to subsection six of this section the Governor in Council may- (a) Sell and grant without competition; or (b) Issue a Perpetual Town Lease, a Perpetual Suburban Lease, or a Perpetual Country Lease without competition, to the holder or holders of adjoining land. Section 175A (3.) Section 175A of t" The Land Acts, 1910 to 1951," ~ 1 e,eo. VI. shall, subject to any necessary adaptations," apply and a;plied. extend so that under, subject to, and in accordance with the' provisions of that section and, in the case of a perpetual lease, subject also to subsection six of this section the Governor in Council inay- (a) Sell and grant without competition; or (b) Issue a Perpetual Town Lease, a Perpetual Suburban Lease, or a Perpetual Country Lease without competition, to a religious body. Section i 75B (4.) The lessee of a Special Lease under this Act ?:o. 1fo~ VI. and t" The Land Acts, 1910 to 1951," comprising land applied. not required for any public purpose may be granted and may hold a non-competitive Perpetual Lease in respect of that land under, subject to, and in accordance . with the provisions (excepting the provisions relating to annual rent) of section 175B of t" The Land Acts, 1910 to 1951," which provisions shall, subject to any necessary adaptations, apply and extend accordingly. Section 1750 (5.) Section 175c oft" The Land Acts, 1910 to 1951," 1fo~ ~' VI. shall, subject to a.ny necessary adaptations, apply a.nd applied. extend so that under, subject to, and in accordance with * 24 G. 5 No. 21 and amending Acts. t 1 G. 5 No. 15 and amending Acts.

LAND. 149 1951. Land Acts, Etc., Amendment Act. the provisions (excepting the provisions relating PARTVII.- AMENDMENTS OF "THE IRRIGATION ACTS to A~ ~ ~ : ' ENT annual rent) of that section, a Perpetual Town Lease, 1933 TO 1939." a Perpetual Suburban Lease, or a Perpetual Country Lease of any Crown land within an Irrigation Area may be granted to and held by a person or company. (6.) (a) The provisions of *" The Land Acts, 1910 to 1951," as to the annual rent of perpetual leases under section one hundred arid seventy-five, section 175A, section 175B, or section 175c thereof shall· not apply with respect to the annual rent of such a perpetual lease issued pursuant to subsection two, subsection three, subsection four, or subsection five of this section, but in every such case the provisions of paragraph (b) of this subsection shall apply in respect of the annual rent of the perpetual lease in question. (b) The provisions of section fifteen of this Act as to annual rent shall, subject to any necessary adaptations, apply and extend to Pel'petual Town Leases, Perpetual Suburban Leases, and Perpetual Country Leases issued pursuant to subsection two, or subsection three, or subsection four, or subsection five of this section and in every case the annual rent for the first period of fifteen years shall be fixed or determin~ d by the Court, a5 the case may require, and the annual rent for the second and each succeeding period of fifteen years shall be determined by the Court having regard to the matters set out in the said section fifteen: Provided that the rent payable by a religious body in respect of a perpetual lease issued without competition in pursuance of subsection three of this section shall, so long as the land continues to be used for the purpose for which the lease was issued, be one-half of the amount of the annual rent as determined for the time being by the Court." PART VIII.- AMENDMENTS OF" THE WAR SERVICE t" PART VIII.-AMENDMENTS OF THE WAR SERVICE I~ ~~ ; ~: Y) (SUGAR INDUSTRY) LAND SETTLEMENT ACTS, ~ ET~ t: iiENT 1946 TO 1949." 1946~gT~949. " 3 2. This Part of this Act shall be read as one with Construction :1 t" The War Service (Sugar Industry) Land Settlement cts, ~ ~ J: ~ rv~ d 1946 to 1949," and that Act and this Part may collectIvely title. be cited as "The War Service (Sugar Industry) Land Settlement Acts, 1946 to 1951." * 1 G. 5 No. 15 and amending Acts. t 11 G. 6 No. 19 and amending Act.

150 LAND. PART VIII.- AM~ : l? ~ ~ ~ TS Land Acts, Etc., Amendment Acts. 15 GEO. VI. No. 11,. WAR SERVICE _ _ ~ _ _ ~ _ _ _ ~ ___ ~ ___ ._ _ . _ ~ _ _ _ _ _ _ _ _ ~ _ . ~_. _ _ I~ ~ ~~ ~ : y) 33. Section seventeen of *" The War Service (Sugar SET~ t:: tENT Industry) Land Settlement Acts, 1946 to 1949," is amended 1946~ ~ ~ 949. " by adding thereto the following paragraph, namely:- ~ ent. re~ t " The foregoing provisions of this section shall also, ~ 1 Geo. ~ I. apply with respect to the making of additional No. 19. assignments as aforesaid consequent on further annual increases, if any, in the total quantity of ninety-four net titre sugar specified opposite and relative to the names of, sugar mills and the owners thereof in the respective Proclamations made and published as aforesaid in and in relation to the years one thousand nine hundred and fifty, one thousand nine hundred and fifty-one, one thousand nine hundred and fifty-two, and one thousand nine hundred and fifty-three, over and above the total quantity of such sugar specified opposite the names of such mills and the owners thereof in the aforesaid Proclamation published in the Gazette of the eleventh PARTIX.- day of June, one thousand nine hundred andforty- nine. ' ~ AMENDMENTS OF" THE PUBUC t" ~ ~ ~ : ~ ~ ~ ~ ~ PART IX.-AMENDMENTS OF THE PUBLIC WORKS 1906~ ~ Tf940. " LAND RESTJMPTION ACTS, 1906 TO 1940." Construction 34. This Part of. this Act shall be read as one aconldlective with t" The Public Works "Land Resumption Acts, 1906- title of this to 1940," and that Act and this Part may be collectively Part. cited as "The Public Works Land Resumption Acts~ 1906 to 1951." Amendmel't, 35. Subsection one of section eighteen of t" The o6fEsd. w 18 . VofII. Public Works Land Resumption Acts, 1906 to 1940," is No. 14. repealed and the following subsection is inserted in lieu of that repealed subsection, namely:- " (1.) The time limited for making a claim for compensation under this Act shall be one year from the date of the proclamation taking the land: Provided that, in the case of a proclamation as aforesaid dated prior to the passing of t" The Land Acts and Other Acts Amendment Act of 1951," that time shall be one year from the date of the passing of t" The Land Acts and Other Acts Amendment Act of 1951," or the period of time for making the claim still to run on the day immediately prior to the date of the passing of t" The Land Acts and Other Acts Amendment Act of 1951," whichever is the shorter period. .• - - ~ - - ~ - * 11 G. 6 No. 19 and amending Act. t 6 E. 7 No. 14 and amending Acts. t This Act.

LAND. 151 - - - ~ ~ - - -- - -- - ~- ~ ~- - - ~~ - PART IX.~ 1951. Land Acts, Etc., Amendment Act. AMENDMENTS OF" THE PUBLIC The term " mka ' mg a c1aIm' " £ or compensa t' IOn W RE O S R U K M S P L T A IO N N D includes, where necessary, the filing by the claimant of 1906~ gT~ 940: ' a copy of his claim and of all notices and other particulars in the office of the Registrar of the Land Court." 3 6. Section twenty-three of *" The Public W orks Land Amendment, Resumption Acts " 1906 to 1940" is amended as follows . • _ O 6 f E 8. d 2 w 3 . (2 V ) I o I. f (a) Subsection two of the said section twenty-three No. 14. is repealed and the following subsection is inserted in lieu of that repealed subsection, namely:- " (2.) The claimant shall file a copy of his claim and of all notices and other particulars in the office of the Registrar of the Land Court- (a) In any case where no offer has been made by the Constructing Authority, within thirty days after the date of expiry of the time hereinbefore limited for the making of an offer by the Constructing Authority; and .," (b) In any case where an offer has been made by the Constructing Authority and the claimant has rejected such offer as is hereinbefore provided, within thirty days after the date of service of the notice of rejection of such offer." (b) The following subsection is added thereto, namely:- "(7.) The discretionary powers of the Court with respect to the awarding of costs shall, in respect of proceedings to determine the amount of compensation to be paid, be subject to this subsection. Where the amount of compensation as finally determined by the Court is the amount claimed by the claimant or is nearer to that amount than to the amount of compensation offered by the constructing authority costs, if any, shall be awarded to the claimant; otherwise costs, if any, shall be awarded to the constructing authority. In the proceedings evidence may, for the purposes of this subsection, be led proving or tending to prove the amount of compensation offered by the constructing authority and this subsection shall apply in the case of every such offer served on the claimant before the commencement of the hearing by the Court of the claim notwithstanding that that service was effected after the expiration of the time limited by this Act therefor : . * 6 E. 7 No. 14 and amending Acts.

152 LAND. PART IX.- A~ ~ - ' : p- ¥ : : TS Land Acts, Etc., Amendment Acts. 15 GEO. VI. No. 11, 195L PUBLIC WORKS LAND ---------------------------------------------------- REsI~ is~ ION Provided that in the case of service of the offer 1906 TO 1949." after the time limited by this Act therefor the Court· may in its discretion set off against any amount of costs awarded to the constructing authority such costs as it, finds to have been properly and reasonably incurred by the claimant in respect of the proceedings prior to the service upon him of the offer." ~ : : E~ h PART X.-GENERAL. Certain land 37. Whereas by a Proclamation dated the twenty- atoN cea a ~ e ttolbOe f n ou a r l t . h day of Septembe • r ' one thousand nine hund . red Park. and eIght, and published In the Gazette of the twenty-sIXth day of September, one thousand nine hundred and eight, at page six huridred and eighteen, made under *" The State Forests and National Parks Act .of 1906," the land described in the Schedule to this section was i)permanently reserved and declared to be a National Park: And whereas it is expedient that such land should cease to be a National Park and be made available for leasing under t" The Land Acts, 1910 to 1951." Now therefore it is hereby enacted that the land described in the Schedule to this section shall from and after the passing of this Act cease to be a National Park and shall become and be Crown land, and as such shall be available for leasing under t" The Land Acts, 1910 to 1951," in all respects as if that land had never been a National Park. SCHEDULE. COUNTY OF LIVINGSTONE, PARISH OF WISEMAN. Area, 216 acre8 2 rood8. Commencing on the left bank of Scrubby Creek at the intersection of the north-east boundary of portion 9, parish of Gracemere, and bounded thence on the south-west by that portion bearing 298 degrees 40 minutes twenty-seven chains and thirty-five links, and by a line bearing 315 degrees 30 minutes five chains and seventy-one and six-tenths links; on the west by portion 71 bearing north forty chains and ninety-five links; on the north by that portion bearing east twenty-seven chains and seven links, and by a road bearing south one chain and east thirty-one chains; on the east by a road bearing south about thirty-one chains and ninety links to Scrubby Creek; and thence by the left bank of that creek upwards to the point of commencement; exclusive of 12 acres 2 rood., for a surveyed road. Plan No. Liv. 40-129. * 6 E. 7 No. 20. t 1 G. 5 No. 15 and amending Acts.