Land Acts and Other Acts Amendment Act of 1957 (6 Eliz ll No. 36) (Qld)

LAND. 6 E liz . II. No. 36, 1957. Land Acts, Etc., Amendment Act. 90 LAND. (1) Land Acts and Other Acts Amendment Act of 1957 ............................................... (2) Valuation of Land Acts Amendment Act of 1958 .......................................................... 6 Eliz. II. No. 36 7 Eliz. II. No. 16 An Act to Provide for the Freeholding at the Option of Selectors and Lessees of Lands held from A cts and O ther the Crown under Perpetual Lease Tenures AME^EST and for that Purpose to Amend “The Land ACTOF1967 Acts, 1910 to 1955,” and other Acts. [A ssented to 17 th D ecember , 1957.] B E it enacted by the Queen’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:— P art I.—P reliminary . P reliminary . 1. This Act may be cited as “ The Land Acts and Shorfc titl0- Other Acts Amendment Act of 1957.” 2. This Act is divided into Parts, as follows :— Parts of Act. P art I.—P reliminary ; P art II.—P rovision for the F reeholding of C ertain P erpetual L ease S elections ; P art III.—P rovision for the F reeholding of C ertain P erpetual T own L eases , P erpetual S uburban L eases , and P erpetual C ountry L eases ; P art IV.—A mendments of *“ T he L and A cts , 1910 to 1955 ” ; P art V.—A mendments of f“ T he C loser S ettlement A cts , 1906 to 1951 ” ; * 1 G. 5 No. 15 and amending Acts, f 6 E. 7 No. 32 and amending Acts.

100 P art I.— P reliminary . LAND. Land Acts, Etc., Amendment Act. 6 E liz . II. No. 36, P art VI.— A mendments oe *“ T he D ischarged S oldiers ’ S ettlement A cts , 1917 to 1951 ” ; P art VII.— A mendments of f“ T he T ully S ugar W orks A rea L and R egulations A cts , 1924 to 1932 ” ; P art VIII.— A mendments of {“ T he C lermont F lood R elief A cts , 1917 to 1930.” P art II.— P rovision FOR THE F reeholding of C ertain P erpetual L ease S elections . P art II.— P rovision for the F reeholding of C ertain P erpetual L ease S elections . 3. This Part II. of this Act shall be read as one with Interpre­ tation of Part II. §“ The Land Acts, 1910 to 1957,” and, to the extent necessary to apply this Part to a selection of any tenure mentioned in this Part whereto ||“ The Prickly Pear Land Acts, 1923 to 1951,” or ^[“ The Upper Burnett and Collide Land Settlement Acts, 1.923 to 1932,” or **“ The War Service Land Settlement Acts, 1946 to 1951,” also apply, those Acts. Applications 4. The selector of a Perpetual Lease Selection, fsoiorncoonfver­ Perpetual Lease Prickly-pear Selection, or Perpetual certain Lease Prickly-pear Development Selection, whether Pteenrupreetsuaflrom held under Lease or License, the area whereof does not Lease exceed two thousand five hundred and sixty acres, and ASeglreicctuioltnusratlo whereto ff“ The Irrigation Areas (Land Settlement) Acts, Farms. 1933 to 1954 ” do not apply, may apply to the Minister in writing to have the tenure of his selection converted to an Agricultural Farm. tuDinoeintmeropmfroinvae­ d cause5. to( 1.) beInreefvererreyd, catsoe, tthhee CMoiunritstefrorshhaellarrinefger,anodr value. determination the matter of the amount of the unimproved value of the selection which is to be the* * * * 7 G. 5 No. 32 and amending Acts, f 15 G. 5 No. 22 and amending Acts. t 7 G. 5 No. 30 and amending Acts, § 1 G. 5 No. 15 and amending Acts. || 14 G. 5 No. 34 and amending Acts. ^J14G. 5No. 14 and amending Acts. ** 10 G. 6 No. 23 and amending Acts, ff 24 G. 5 No. 21 and amending Acts.

LAND. 101 P ari ? Il.t-s 1957. Land Acts, Etc., Amendment Act. P roviso FOR THE F reeholding of C ertain P erpetual purchasing price thereof as an Agricultural Farm, and lease S elections . thereupon the Court shall hear and determine that matter. (2.) The jurisdiction of the Court to hear and determine, pursuant to subsection one of this section, the matter of the amount of the unimproved value of any selection shall be and is hereby vested in one member only whose determination shall be final. An appeal shall not lie to the Land Appeal Court or to any other court or tribunal from a determination of the Court upon an application or reference under this section nor shall any such determination be reviewed, quashed or otherwise called in question in any proceeding whatsoever. (3.) For the purposes of this section the unimproved value of any land shall be the amount which, in the opinion of the Court, experienced persons would be willing to pay for the fee-simple of the land, assuming it were unimproved, and were offered for sale on such reasonable terms and conditions as a bona fide seller would require. 6. (1.) The selector shall, within three months Seiectorto from the date of the Court’s determination of the amount ^proceed of the unimproved value of his selection, notify the with conver- Minister in writing whether he elects to proceed with his Xw tenure! application to have the tenure of his selection converted to an Agricultural Farm. (2.) Every such application shall lapse at the expiration of three months after the date of the Court’s aforementioned determination unless the selector has sooner notified the Minister in writing that he elects to proceed therewith: Provided that a selector may with the prior approval of the Minister make a second application under this Part of this Act notwithstanding that the first such application made by him has lapsed. Upon an application lapsing the Court’s determination, pursuant to section five of this Act, of the unimproved value of the selection concerned shall cease to have force or effect for any purpose whatsoever.

102 LAND. P art II — P fo ^ the N , Land Acts Etc., Amendment Act. 6 E liz . II. No. 36, F reeholding ____________________________________________________________________________ ________________ of C ertain P erpetual L ease (3.) A selector shall, forthwith upon electing S elections . pursuant to this section to proceed with his application to have the tenure of his selection converted to an Agricultural Farm, surrender the existing lease or license therefor, and thereupon he shall be entitled to a new lease or license of his holding as an Agricultural Farm, which new tenure shall in every case be subject to the terms and conditions hereinafter provided by this Part II. of this Act. This subsection applies notwithstanding any limitations imposed pursuant to Orders in Council, whether made before or after the enactment of this subsection, under section fifty-one of *“ The Land Acts, 1910 to 1957,” upon the area of land which may be held in any district as an Agricultural Farm. Terms . and 7. Every Agricultural Farm tenure (herein in this con i ions o p&rj. jj 0f this Act referred to as “ the new tenure ”) Agricultural to which a selection is converted pursuant to this Part II. tenures. of this Act shall be subject to the following provisions, terms and conditions :— {a) The purchasing price under the new tenure shall be the unimproved value, as determined as prescribed by this Part II. of this Act, of the selection as at the date when the Minister receives from the selector the application in writing to have the tenure converted; (6) The term of the new tenure shall commence on the quarter day next following the date when the Minister receives from the selector the application in writing to have the tenure converted; (c) Moneys paid as rent under the surrendered tenure shall not be credited to the new tenure except any moneys so paid in respect of a time after the commencement of the term of the new tenure ; (d) In the case of a surrendered lease or license which was subject to a condition of personal residence, that condition shall continue to apply with respect to the new tenure for the 1 G. 5 No. 15 and amending Acts.

1957. - LAND. 103 - P art II.— Land Acts, Etc., Amendment Act. F reeholding ' ; ............................................................................................ of C ertain . • P erpetual unexpired period thereof remaining as at the lease aa c j SPT POTIONS quarter day when the term of the new tenure commences ; and (e) Subject to paragraphs (a) to (d), both inclusive, of this section, all such provisions, terms and conditions as, pursuant to *“ The Land Acts, 1910 to 1957,” apply with respect to Agricultural Farms opened for selection as such after the passing of this Act.” a (i.) The conversion, pursuant to this Part II. of Conversion this Act, of the tenure of any selection shall not affect nlt^tcTaffeet or prejudice howsoever any mortgage or other mortgages, encumbrance, estate or interest then subsisting over,&0’ upon or in the selection, and endorsements accordingly shall be noted on the instrument of lease as an Agricultural Farm. (2.) An application under this Part II. of this Act Liability to shall not affect the liability of the selector to pay rentpayrent' in respect of his Perpetual Lease tenure, and in the case of a selection the tenure whereof is converted to an Agricultural Farm that liability shall not cease until the conversion is recorded in the proper register in the Department of Public Lands. T aut III.— P rovision for THE F reeholding P art III.— P rovision for the F reeholding of o P fer C peerttuaailn C ertain P erpetual T own L eases , P erpetual TP owernp L eteuaasles , S uburban L eases , and P erpetual C ountry L e S uabseusr , baannd L eases . P erpetual C ountry L eases . 9. This Part III. of this Act shall be read as one Interpre­ with *“ The Land Acts, 1910 to 1957.” tation of Part III. 10. A lessee of a Perpetual Town Lease, a Perpetual Suburban Lease, or a Perpetual Country tenures from Lease acquired and held under the provisions of section one hundred and twenty-one, section one hundred and i0asesSfor seventy-five, section 175 a , section 175 b , or section onetermof hundred and seventy-six of *“ The Land Acts, 1910 to ^holding. 1957,” section five of f“ The Closer Settlement Ac£eovenant- Amendment Act of 1917,” as subsequently amended, * I G. 5 No. 15 and amending Acts, t 8 G. 5 No. 10.

104 LAND. past III.— PROVISION FOR THE Land Acts, Etc., Amendment Act. 6 E liz . II. No. 36, F reeholding of C ertain TP o E w R n PELT e U a A s L es , section six of *“ The Discharged Soldiers ’ Settlement P S E u R b P u E r T b U a A n L Act of 1917,” as subsequently amended, or section eight L P e E a R s P e E s T , U a A n L d of f“ The Tully Sugar Works Area Land Regulations CL oeuanstersy . Acts, 1924 to 1957,” (save any such lease whereto The Irrigation Areas (Land Settlement) Acts, 1933 to 1954,” apply) may apply to the Minister in writing to have his lease deemed a lease for a term of ten years, and subject to a covenant entitling the lessee to a deed of grant in fee-simple. Purchasing price. 11. (I-) The purchasing price of the land comprised in a lease deemed, pursuant to this Part III. of this Act, to be a lease for a term of ten years, shall be the amount of the unimproved value of that land as at the date of the receipt by the Minister of the application under this Part III. of this Act. (2.) In every case the Minister shall refer, or cause to be referred, to the Court for hearing and determination the matter of the amount of the unimproved value and thereupon the Court shall hear and determine that matter. (3.) The jurisdiction of the Court to hear and determine, pursuant to subsection two of this section, the amount of the unimproved value of the land comprised in any lease shall be and is hereby vested in one member only, whose determination shall be final. An appeal shall not lie to the Land Appeal Court or to any other court or tribunal from a determination of the Court upon a reference under this section nor shall any such determination be reviewed, quashed or otherwise called in question in any proceeding whatsoever. (4.) For the purposes of this section, the unimproved value of any land shall be the amount which, in the opinion of the Court, experienced persons would be willing to pay for the fee-simple of the land, assuming it were unimproved, and were offered for sale on such reasonable terms and conditions as a bona fide seller would require. Lessee to 12 . (1.) The lessee shall, within three months etolecptrowcheeetdher from the date of the Court’s determination of the amount with of the unimproved value of the land comprised in his application. * 7 G. 5 No. 32. t 15 G. 5 No. 22 and amending Acts. X 24 G. 5 No. 21 and amending Acts.

LAND. 105 P art in.— 1957. Land Acts, Etc., Amendment Act. P rovision for THE F reeholding of C ertain lease, notify the Minister in writing whether he elects to T o P wernp L eteuaasels , proceed with his application to have the lease deemed PS eurbpuertbuaanl a lease for a term of ten years. L eases , and P erpetual C ountry L eases . (2.) Every such application shall lapse at the expiration of three months after the date of the Court’s aforementioned determination unless the lessee has sooner notified the Minister in writing that he elects to proceed therewith : Provided that a lessee may, with the prior approval of the Minister, make a second application under this Part of this Act notwithstanding that the first such application made by him has lapsed. Upon an application lapsing the Court’s determination, pursuant to section eleven of this Act, of the purchasing price of the land concerned shall cease to have force or effect for any purpose whatsoever. (3.) Upon the receipt by the Minister, pursuant to this section, of notice from a lessee that he elects to proceed with his application to have his lease deemed a lease for a term of ten years, the lease shall be deemed to be— (а) A lease of the land comprised therein for a term of ten years commencing on the quarter day next following the date when the Minister receives the application in writing referred to in section ten of this Act; and (б) A lease for that term subject in every respect to the provisions of this Part III. of this Act, and the Minister shall cause the lease to be endorsed in terms of this subsection. (4.) A notice under this section in respect of any lease shall not affect or prejudice howsoever any mortgage or other encumbrance, estate or interest then subsisting over, upon, or in the land comprised in the lease. The provisions of *“ The Land Acts, 1910 to 1957,” with respect to mortgages and sub-leases of holdings shall, with and subject to all necessary modifications, apply for the purposes of this subsection. * 1 G. 5 No. 15 and amending Acts.

106 LAND. P art III.— P rovision . FOR THE Land Acts, Etc., Amendment Act. 6 E liz . II. No. 36, F reeholding of C ertain P erpetual T own L eases . P erpetual . S uburban 13. Every lease deemed, pursuant to this Part III. LP eearspeest , uaanld of this Act, to be a lease for a term of ten years shall be CL oeuanstersy . subject to the following provisions, terms and Terms and conditions :— conditions of lease for term of ten years. (a) The purchasing price of the land comprised in the lease shall be the amount of the unimproved value, as determined as prescribed by this Part III. of this Act, of that land as at the date when the Minister receives the application referred to in section ten of this Act, save in the case of land held by a religious body pursuant to section 175 a of *“ The Land Acts, 1910 to 1957,” the purchasing price whereof shall be one half of that amount; (b) The term of ten years of the lease shall commence on the quarter day next following the date when the Minister receives the application referred to in section ten of this Act; (c) The lessee shall pay, as prescribed by subsection one of section fourteen of this Act, a deposit of one-tenth of the purchasing price ; (d) The lessee shall pay in ten equal annual instalments compounded of principal and interest, as prescribed by subsection two of section fourteen of this Act, the balance of the purchasing price, together with interest at the rate of five pounds per centum per annum, calculated upon yearly rests, on the amount of that balance remaining unpaid for the time being ; (e) Moneys paid as rent under the perpetual lease in respect of any time before the commencement of the term of ten years of the lease shall not be credited to the purchasing price ; (/) The lessee shall, in respect of the term of ten years, continue payment of rent under and in terms of the perpetual lease until the Minister 1 G. 5 No. 15 and amending Acts.

LAND. 1957 Land Acts, Etc., Amendment Act. 107 P art III.— P rovision - for the . F reeholding notifies him in writing of the amount of the tow T leasbs , purchasing price as determined by the Court, suburban and the amount of all rent so paid shall perpetual * be credited to the purchasing price ; lb S™ y (g) Subject to paragraphs (a) to (/), both inclusive, of this section, all such provisions, terms and conditions as, pursuant to *“ The Land Acts, 1910 to 1957,” applied with respect to the lease in question as a perpetual lease. 14. (1.) The lessee shall pay the deposit of one-tenth Payment of of the amount of the purchasing price within three months after he has been notified of that amount as of interest determined by the Court: ^taimente Provided that the lessee may set off against thethoreof‘ amount of the deposit all sums paid by way of rent which, pursuant to paragraph (/) of section thirteen of this Act, are to be credited to the purchasing price. (2.) The lessee shall pay the balance of the purchasing price, together with interest at the rate of five pounds per centum per annum, calculated upon annual rests, on the amount of that balance remaining unpaid for the time being, in ten equal annual instalments compounded of principal and interest, and he shall pay those instalments respectively on or before the last day of each year of the ten year term of the lease, commencing with the first year thereof. Interest shall begin to run on and from the commencement of the term of the lease. This subsection applies subject to subsections three and four of this section. (3.) Notwithstanding any provision of *“ The Land Acts, 1910 to 1957,” a lessee who has performed all the conditions binding upon him of the lease may at any time complete payment in full of the purchasing price by paying the balance thereof then outstanding together with interest thereon at the rate of five pounds per centum per annum from the due date for payment of the annual instalment last payable before that time up to the date of payment of the outstanding balance of the purchasing price. * I G. 5 No. 15 and amending Acts.

108 LAND. PART III.— •P rovision for the F ree - Land Acts, Etc., Amendment Act. 6 E liz . II. No. 36, holding of • C ertain P erpetual T own L eases , (4.) In any case where the lessee has not been PS eurbpuertbuaanl notified of the amount of the purchasing price (as LP eearspeest , uaanld determined by the Court) before any annual CL oeuanstersy . instalment becomes payable pursuant to subsection two of this section, payment of that instalment shall be deemed to be deferred until the lessee has been so notified, whereupon the lessee shall, within three months after such notification, pay the same. Freeholding 15. Every lease deemed, pursuant to this Part III. covenant. of this Act to be a lease for a term of ten years, shall be deemed to contain a covenant that the Governor in Council shall, in the name of Her Majesty, grant in fee- simple to the lessee the land comprised in the lease— (a) Upon payment of all moneys payable in respect of the purchasing price, including interest thereon, and also including any moneys unpaid on account of survey fee ; and (b) Upon the due performance by the lessee of all other terms and conditions binding upon him of the lease. Forfeiture of lease for failure to pay . purchasing price. 16. For the purposes of the application with respect to a lease deemed, pursuant to this Part III. of this Act, to be a lease for a term of ten years of the provisions of section one hundred and twenty-nine of *“ The Land Acts, 1910 to 1957,” all moneys payable in respect of the purchasing price, including interest thereon, shall be deemed to be payable as rent. P art IV.—• A mendments of “T he L and A cts , 1910 TO 1955.” P art IV.— A mendments oe *“ T he L and A cts , 1910 to 1955.” Interpre­ tation of Part IV. 17. (1.) This Part IV. of this Act shall be read as one with *“ The Land Acts, 1910 to 1955,” herein referred to as the Principal Act. Collective (2.) The Principal Act and this Part IV. of this title. Act may be collectively cited as *“ The Land Acts, 1910 to 1957.” 1 Gr. 5 No. 15 and amending Acts.

LAND. 109 . - ■ P art IV. — 1957. Land Acts, Etc., Amendment Act. the TS L and A cts , 1910 to 1955.” 18. Section fifty of the Principal Act is amended Amendment by repealing the proviso thereto and inserting, in lieuof 8- 50- of that repealed proviso, the following paragraphs :— “ Land may be opened for selection alternatively as either Agricultural Farms or Perpetual Lease Selections. All lands opened for selection, but not selected, as Perpetual Lease Selections before the date of the enactment of this paragraph shall, on and after that date, he also open for selection alternatively as Agricultural Farms.” 19. Subsection one of section fifty-five of the Amendments Principal Act is amended by repealing the provisoofs- 55 d)- thereto (being the last paragraph thereof) and inserting, in lieu of that repealed proviso, the following paragraphs :— “ Land may he declared open for Group Selection alternatively as either Agricultural Farms or Perpetual Lease Selections. All land declared open for Group Selection, but not selected, as Perpetual Lease Selections before the date of the enactment of this paragraph shall, on and after that date, he also open for Group Selection alternatively as Agricultural Farms.” 20. Section fifty-seven of the Principal Act is Repeal of repealed and, in lieu of that repealed section, the following j^?7new section is inserted :— ' “ [57.] (1.) When land is declared open for selection Purchasing alternatively as either an Agricultural Farm or a P^®,and Perpetual Lease Selection the purchasing price of the values, land as an Agricultural Farm shall he the same amount as the capital value thereof as a Perpetual Lease Selection. This section shall apply, as if the land in question has been opened for selection or declared open for Group Selection alternatively as hereinbefore mentioned in this section, to any land which, having been opened or declared open for selection or Group Selection as a Perpetual Lease Selection before the enactment of this section is, pursuant to section fifty or section fifty-five of this Act, also open for selection or Group Selection alternatively as an Agricultural Farm on and after the enactment of this section.”

no LAND. P art IV.— AMENDMENTS of “ T he L and A cts , 1910 TO 1955.” Land Acts, Etc.y Amendment Act. 6 E liz . II. No. 36, Amendment 21. Section 98 a of the Principal Act is amended of s. 98 a . by adding thereto the following paragraph:— “ This section does not apply to Agricultural Farms opened for selection as such after the passing of *“ The Land Acts and Other Acts Amendment Act of 1957.” ” Amendment 22. Subsection three of section ninety-nine of of s. 99 (3). the Principal Act is amended by repealing the word “ one-fortieth ” and inserting, in lieu of that repealed word, the word “ one-twentieth ”. Amendmen t 23. Section one hundred of the Principal Act is of s. 100. amended by repealing the second paragraph thereof and inserting, in lieu of that repealed paragraph, the following paragraph :— “ Any applicant who obtains such certificate shall, upon completing payment in full of the purchasing price by paying the balance thereof then outstanding, be entitled to a deed of grant in fee-simple.” Amendment 24. Section one hundred and sixteen of the of s. 116. Principal Act is amended— (i.) By repealing paragraph (d) of subsection one ; (ii.) By adding to subsection one the following paragraph:— “ (c) Specify the amount of the deposit to be paid at the time of the sale, and the period for payment by equal annual instalments compounded of principal and interest of the balance of the purchase money and interest thereon: provided that the period for payment of that balance shall not exceed ten years and that interest shall be at the rate of five pounds per centum per annum calculated upon yearly rests.” ; and (iii.) By adding to subsection two thereof the following paragraphs:— “(e) Specify the maximum number of the lots which may be purchased or applied for by any bidder or applicant; * This Act.

LAND. Ill 1957. Land Acts, Etc., Amendment Act. P art IV.-— A mendments of “ T he L and A cts , 1910 to 1955.” (/) Declare that any person who, at the date on which the Crown land in question is so offered for sale, holds or is purchasing in the town or township in which that Crown land is situated a Perpetual Town Lease, a lease deemed, pursuant to Part III. of *“ The Land Acts and Other Acts Amendment Act of 1957,” to be in force for a term of ten years, or a town lot wherefor he is not then entitled to a deed of grant in fee-simple, shall not be competent to bid or apply for any of the lots.” 25. Section one hundred and twenty of th© Amendment Principal Act is amended— of s. 120. (a) By adding to subsection one thereof the following proviso:— “ Provided that such an assignment by a purchaser who has not complied in all respects with any condition with respect to the improvements to be made on the land imposed by the notification offering the land for sale shall be absolutely void and of no legal effect whatsoever.” ; (6) By repealing subsection two thereof and inserting, in lieu of that repealed subsection, the following subsection:— “ (2.) If the purchaser fails in any respect to Cancellation comply with any condition with respect to theof sale' improvements to be made on the land imposed by the notification offering the land for sale, or if the purchaser or any successor in interest to the purchaser fails to make due payment of any amount payable in respect of the purchasing price, including interest thereon, the Minister, at his discretion, may, thereupon or at any time thereafter during the continuance of the failure, cancel the sale, and upon such cancellation all money previously paid in respect of the purchase shall be forfeited to the Crown, and neither the purchaser nor any successor in interest to him shall have any estate or interest in or further claim to the land.” ; and * This Act.

112 LAND. P art IV.— ------------------------------------------------------—'—'---------- * thb TS Land Acts, Etc., Amendment Act. L and A cts , 1910 to 1955.” (c) By adding to subsection following paragraph :— ------------------------ 6 E liz . II. No. 36, three thereof the “ Provided that a purchaser who has complied in all other respects with the conditions of sale imposed by the notification may at any time complete payment in full of the purchasing price by paying the balance thereof then outstanding, together with interest thereon at the rate of five pounds per centum per annum from the due date for payment of the annual instalment last payable before that time up to the date of payment of the outstanding balance of the purchasing price.” Amendment 26. Subsection one of section one hundred and of s. X 2 i (i). twenty-one of the Principal Act is amended by repealing the eighth subparagraph of paragraph (i.) thereof, being the subparagraph commencing with the words “ A notification causing any Crown land ”, and inserting, in lieu of that repealed subparagraph, the following subparagraph :— “ A notification causing any Crown land to be offered for sale by public auction as Perpetual Town Leases may— (a) Specify the maximum number of those leases which may be purchased or applied for by any bidder or applicant; ( b ) Declare that any person who, at the date on which that Crown land is so offered for sale, holds or is purchasing in the town or township in which that Crown land is situated a Perpetual Town Lease, a lease deemed, pursuant to Part III. of *“ The Land Acts and Other Acts Amendment Act of 1957,” to be a lease for a term of ten years, or a town lot wherefor he is not then entitled to a deed of grant in fee- simple, shall not be competent to bid or apply for any of those leases.” Repeal °f 27. Section seven of f“ The Land Acts Amendment 23 Geo. v. Act of 1932,” is hereby repealed. No. 16.______________________________________________________________________ * This Act. t 23 G. 5 No. 16.

LAND. 113 1957. Land Acts, Etc., Amendment Act. P art V.—A mendments of *“ T he C loser S ettlement A cts , 1906 to 1951.” P art V.— A mendments op “T he C loser S ettlement A cts , 1906 to 1951.” 28. (1.) This Part V. of this Act shall be read as intcrpre- one with *“ The Closer Settlement Acts, 1906 to 1951.” v°f (2.) *“ The Closer Settlement Acts, 1906 to 1951,” and Collective this PartY. of this Act may be collectively cited as *“ The tltle* Closer Settlement Acts, 1906 to 1957.” 29. (1.) The selector of a Perpetual Lease Selection conversion whereto the provisions of *“ The Closer Settlement Acts, 1906 to 1957,” apply, whether held under lease or license, tenures, may apply to the Minister in writing to have the tenure of his selection converted to an Agricultural Farm. (2.) Upon a selector so applying, the provisions, save paragraph (e) of section seven, of Part II. of this Act shall, with and subject to all necessary adaptations, apply with respect to the selection concerned and additionally if the selector elects to proceed with the application, the Agricultural Farm temire to which the selection is converted shall be subject to all such terms and conditions as, pursuant to f“ The Land Acts, 1910 to 1957,” and *“ The Closer Settlement Acts, 1906 to 1957,” apply with respect to Agricultural Farm tenures of lands opened for selection under those Acts as Agricultural Farms after the passing of this Act. 30. The following section is inserted after section New e. 33 a thirty-three of {“ The Closer Settlement Act of 1906,” as “^d^vii heretofore amended,— No. 32 . ' “ [<?3 a .] ( 1 .) This section applies with respect to Term of Agricultural Farms opened for selection as such after the passing of §“ The Land Acts and Other Acts price Xiand Amendment Act of 1957.” o se p l e e n ct e i d on fo a r s (2.) Sections thirty-two and thirty-three of this Agricultural Act and sections two and three of ||“ The Closer Settlement Act of 1913,” shall not apply to Agricultural Farms opened for selection as such after the passing of aZi other 8“ The Land Acts and Other Acts Amendment Act of 1957.” Acts Amend- 0 J ment Act of (3.) The term of the lease of any Agricultural Farm h >57.” opened for selection as such after the passing of §“ The Land Acts and Other Acts Amendment Act of 1957,” shall be twenty years.* * * § * 6 E. 7 No. 32 and amending Acts. f 1 G. 5 No. 15 and amending Acts. t 6 E. 7 No. 32. § This Act. D 4 G. 5 No. 21.

114 LAND. P art V.— A mendments op “T he C loser S ettlement A cts , 1906 to 1951.” Land Acts, Etc,, Amendment Act. 6 E liz . II. No. 36, (4.) The lessee shall liquidate the purchasing price, together with interest at the rate of three pounds per centum per annum, calculated upon annual rests, on the amount thereof remaining unpaid for the time being, by payment in compliance with the provisions of section one hundred and twenty-seven of *“ The Land Acts, 1910 to 1957,” of annual rent calculated at the rate for every one hundred pounds of the purchasing price, including interest thereon, specified in the fourth column of the Schedule to this Act.” New s. 33 b 31. The following section is inserted after section 6*Edw/vii. 33 a (as previously inserted by this Act) of f“ The Closer No. 32. Settlement Act of 1906,” as heretofore amended,— orRafetidenutincetrieosnt Agric “ u [ l 3 tu 3 r b a . l ] F(a 1 r. ) msThhiesld seacstisounchapipmlimesedwiiatthelyresppreiocrt ttoo Aerxegsirspitecicnutgltoufral A th c e t p o a f s1s9in5g7.o”f $“ The Land Acts and Other Acts Amendment Farms. ( 2 .) Interest in respect of the amount of the balance, remaining payable as rent on the quarter day next following the date of the passing of The Land Acts and Other Acts Amendment Act of 1957,” of the purchasing price of an Agricultural Farm to which this section applies shall be at the rate of three pounds per centum per annum, calculated upon annual rests, on so much of that amount as remains unpaid for the time being. (3.) In respect of the year ending on the thirty-first day of December, one thousand nine hundred and fifty- eight, and each year thereafter comprised in the remainder of the term of the lease of an Agricultural Farm to which this subsection applies, the annual rent payable by the lessee shall be adjusted as necessary to provide for the liquidation of the amount of the balance remaining payable on the quarter day next following the date of the passing of The Land Acts and Other Acts Amendment Act of 1957,” of the purchasing price, together with interest thereon as prescribed by subsection two of this section. An endorsement setting out the amount of the adjusted annual rent shall be noted on the instrument of lease of every Agricultural Farm concerned.” * 1 G. 5 No. 15 and amending Acts, f 6 E. 7 No. 32. | This Act.

LAND. 115 P art V.— 1957. Land Acts, Etc., Amendment Act. A mendments of “ T he C loser S ettlement A cts , 1906 32. The Schedule to *“ The Closer Settlement Act of to 1951.” 1906,” as heretofore amended, is repealed and, in lieu of Repeal of that repealed Sched~u^le, the following Schedule is o Edw. vn. inserted:— No. 32. “ SCHEDULE. [S ection 33 a .] T able setting out the H ate of T he A nnual R ent payable in L iquidation of each £100 of the P urchasing P rice ( including I nterest thereon ) of an A gricultural F arm , the A mounts respectively of P rincipal and of I nterest COMPRISED IN THAT RATE FOR EACH YEAR OF THE TERM OF the L ease , and the B alance per £100 of the P urchasing P rice remaining to be paid at the E nd of each Y ear of the T erm of the L ease . Year of Term of Lease. Annual Rent per £100. Principal. Interest. Total. Balance of Purchasing Price per £100 unpaid (Principal only). 1st year 2nd year 3rd year 4th year 5th year 6th year 7th year 8th year 9th year 10 th year 11th year 12th year 13th year 14th year 15th year 16th year 17th year 18th year 19th year 20th year £ s. d. .. 5 0 0 .. 3 15 8 .. 3 17 11 .. 4 0 3 .. 4 2 8 .. 4 5 2 .. 4 7 8 .. 4 10 4 .. 4 13 0 .. 4 15 10 .. 4 18 8 .. 5 1 8 .. 5 4 9 .. 5 7 10 .. 5 11 1 .. 5 14 5 .. 5 17 10 .. 6 1 5 .. 6 5 0 .. 6 8 10 £100 0 0 £ s. d. 2 17 0 2 14 9 2 12 5 2 10 0 276 25 0 224 1 19 8 1 16 10 1 14 0 1 11 0 1 7 11 1 4 10 11 7 0 18 3 0 14 10 0 11 3 0 7 8 0 3 10 £ s. d. 500 6 12 8 6 12 8 6 12 8 6 12 8 6 12 8 6 12 8 6 12 8 6 12 8 6 12 8 6 12 8 6 12 8 6 12 8 6 12 8 6 12 8 6 12 8 6 12 8 6 12 8 6 12 8 6 12 8 £ S . d . 95 0 0 91 4 4 87 6 5 83 6 2 79 3 6 74 18 4 70 10 8 66 0 4 61 7 4 56 11 6 51 12 10 46 11 2 41 6 5 35 18 7 30 7 6 24 13 1 18 15 3 12 13 10 6 8 10 •• £31 0 8 £131 0 8 5 33. Section two of fu The Closer Settlement Act^^Smsmt Amendment Act of 1917,” as heretofore amended, isg^o.v. further amended by repealing the opening paragraph No.10. (being the paragraph preceding subsection one) and * 6 E. 7 No 32. t 8 G. 5 No. 10.

116 LAND. P art V — A mendments of “ T he Land Acts, Etc., Amendment Act. 6 E liz . II. No. 36, C loser S ettlement A tcots 1,95119. 0”6 subsections one and two thereof, and the marginal note thereto, and inserting, in lieu of that repealed paragraph, subsections, and marginal note the following subsections and marginal note :— Opening land for selection. “ (2.) The provisions of this section apply with respect to land acquired under the Principal Act, whether so acquired before or after the enactment of this subsection. (2.) Subject to section twenty-eight of the Principal Act, the land may be opened for selection under *“ The Land Acts, 1910 to 1957,” and f“ The Closer Settlement Acts, 1906 to 1957,” as— (а) Agricultural Farms ; or (б) Perpetual Lease Selections ; or (c) Alternatively either Agricultural Farms or Perpetual Lease Selections. In every case where the opening is for selection alternatively as aforesaid the capital value of the land as a Perpetual Lease Selection shall be the same amount as the purchasing price thereof as an Agricultural Farm.” Amendment 34. Section five of The Closer Settlement Act o8fGs. eo5. oVf. Amendment Act of 1917,” as heretofore amended, is No. 10. further amended— (a) By repealing the opening paragraph (being the paragraph preceding subsection one) thereof; and (b) By repealing in subsection two thereof the words, figures and quotation marks “ Part V. of §“ The Land Act of 1910,” as amended by ||“ The Land Act Amendment Act of 1916,” ” and inserting, in lieu of the words, figures and quotation marks so repealed, the words, figures and quotation marks “Part V. of ^“The Land Acts, 1910 to 1957,” ”; and (c) By repealing in subsection two thereof the words, figures and quotation marks “ The Land Acts, 1910 to 1941,” ” and inserting, in lieu of those repealed words, figures and quotation marks, the words, figures and quotation marks “ The Land Acts, 1910 to 1957,” ”.* * * § * 1 G. 5 No. 15 and amending Acts. t 6 E. 7 No. 32 and amending Acts. I 8 G. 5 No. 10. § 1 G. 5 No. 15. || 7 G. V. No. 19. 1 1 G. 5 No. 15 and amending Acts.

LAND. 117 1957. Land Acts, Etc., Amendment Act. P art VI.— A mendments op “ T he P art VI.— A mendments oe *“ T he D ischarged DS isoclhdaierrgse ’ d S oldiers ’ S ettlement A cts , 1917 to 1951.” S ettlement A cts , 1917 to 1951.” 35. (1.) This Part VI. of this Act shall be read as one with *“ The Discharged Soldiers' Settlement Acts, tatSnof 1917 to 1951.’ Part VI. (2.) *“ The Discharged Soldiers' Settlement Acts, 1917 Collective to 1951,” and this Part VI. of this Act may be collectivelytl4 e' cited as “ The Discharged Soldiers' Settlement Acts, 1917 to 1957.” 36. (1.) The selector of a Perpetual Lease conversion Selection whereto *“ The. Discharged Soldiers' Settlement °x^tingm Acts, 1917 to 1957 ” apply, whether held under lease or tenures, license, may apply to the Minister in writing to have the tenure of his selection converted to an Agricultural Farm. (2.) Upon a selector so applying, the provisions, save paragraph (e) of section seven, of Part II. of this Act shall, with and subject to all necessary adaptations, apply with respect to the holding concerned, and additionally, if the selector elects to proceed with the application— (a) Where the provisions of section five of *“ The Discharged Soldiers' Settlement Acts, 1917 to 1957,” applied with respect to the selection as a Perpetual Lease Selection, the Agricultural Farm tenure to which the selection is converted shall be subject to all such terms and conditions as, pursuant to t“ The Land Acts, 1910 to 1957,” apply with respect to Agricultural Farm tenures of lands opened for selection under those Acts, as Agricultural Farms after the passing of this Act; (b) Where the provisions of section 5 a of *“ The Discharged Soldiers' Settlement Acts, 1917 to 1957,” applied with respect to the selection as a Perpetual Lease Selection, the Agricultural Farm tenure to which the selection is converted shall be subject to all such terms and conditions as, pursuant to f“ The Land Acts, 1910 to 1957,” and J“ The Closer * 7 G. 5 No. 32 and amending Acts, f 1G. 5 No. 15 and amending Acts. % 6 E. 7 No. 32 and amending Acts.

118 P art VI.— A mendments of “ T he D ischarged S oldiers ’ S ettlement A cts , 1917 TO 1951.” LAND. Land Acts, Etc., Amendment Act. 6 E liz . II. No. 36, Settlement Acts, 1906 to 1957,” apply with respect to Agricultural Farm tenures of lands opened for selection under those Acts, as Agricultural Farms after the passing of this Act. Amendment 37. Subsection three of section four of *“ The o7fGs. eo4. oVf. Discharged Soldiers’ Settlement Acts, 1917 to 1951,” is No. 32. hereby repealed. P art VII.— A mendments T uolfly “ TS uhgear P art VII. —A mendments op f“ T he T ully S ugar W orks A rea L and W orks A rea L and R egulations A cts , 1924 R egulations A cts , to 1932.” 1924 to 1932.” 38. (1.) This Part VII. of this Act shall be read tIanttieornproef­ as one with f“ The Tully Sugar Works Area Land Part VII. Regulations Acts, 1924 to 1932.” Collective title. (2.) f“ The Tully Sugar Works Area Land Regulations Acts, 1924 to 1932,” and this Part VII. of this Act may be collectively cited as “ The Tully Sugar Works Area Land Regulations Acts, 1924 to 1957.” Conversion of certain tenures. 39. (1.) A selector of a Perpetual Lease Selection whereto f“ The Tully Sugar Works Area Land Regulations Acts, 1924 to 1932,” apply, whether held under lease or license, may apply to the Minister in writing to have the tenure of his selection converted to an Agricultural Farm. (2.) The provisions of Part II. of this Act shall, with and subject to all necessary adaptations, apply with respect to a holding the subject of an application under this Part VII. of this Act and, if the selector elects to proceed with the application, the Agricultural Farm tenure to which the holding is converted. Amendment 40. The Schedule to f“ The Tully Sugar Works o16f SGceho. . tVo. Area Land Regulations Acts, 1924 to 1932,” is amended— No. 22. (i.) By repealing the proviso to clause six thereof; (ii.) By repealing paragraph (j) of clause seven thereof; and * 7 G. 5 No. 32 and amending Act. t 15 G. 5 No. 22 and amending Act.

LAND. 119 P art VII.— 1957. Land Acts, Etc., Amendment Act. A mendments op “ T he T ully S ugar W orks A rea (iii.) By adding thereto the following clause :— R eg L ualantdions A cts , “ 12. With respect to land to which these 1924 TO 1932.” Regulations apply— (a) Opened for Group Selection as Agricultural Farms or Perpetual Lease Selections, or for selection as Sugar Workers’ Agricultural Farms or Perpetual Lease Selections ; or ( b ) Offered for sale by auction as Town, Suburban or Country Lots or as Perpetual Town, Suburban or Country Leases, at any time after the passing of *“ The Land Acts and Other Acts Amendment Act of 1957,” any reference in these Regulations to f“ The Land Act of 1910,” or to that Act and any Act or Acts whereby it was amended collectively, or to any Part or provision of that Act or of that Act and of any Act or Acts whereby it was amended collectively, shall be read as references respectively to The Land Acts, 1910 to 1957,” and to the corresponding Parts or provisions thereof.” P art VIII.— A mendments P art VIII.— A mendments oe §“ T he C lermont F lood R elief A cts , 1917 to 1930.” Fl00AcTs!lIEr 41. (1.) This Part VIII. of this Act shall be read 1917TOl9°0, as one with §“ The Clermont Flood Relief Acts, 1917 to 1930.” Part VIII. (2.) §“ The Clermont Flood Relief Acts, 1917 to Collective 1930,” and this Part VIII. of this Act may be collectively ut e' cited as “ The Clermont Flood Relief Acts, 1917 to 1957.” 42. (1.) A lessee under a lease acquired and held Conversion under the provisions of §“ The Clermont Flood Relief0 enures’ Acts, 1917 to 1957,” may apply to the Minister in writing to have his lease deemed a lease for a term of ten years, and subject to a covenant entitling the lessee to a deed of grant in fee-simple. (2.) Upon a lessee so applying the provisions of Part III. of this Act shall, with and subject to all necessary adaptations, apply with respect to. the lease concerned.* * * § * This Act. f 1 G. 5 No. 15. X 1 G. 5 No. 15 and amending Acts. § 7 G. 5 No. 30 and amending Acts.