Land Acts and Other Acts Amendment Act of 1959 (8 Eliz Ii No. 45) (Qld)

143 (©ueenslattb ANNO OCTAVO ELIZABETHAE SECUNDAE REGINAE. No. 45. An Act to Improve Crown Lands Administration; to Provide Equitable Terms and Conditions for Crown Tenants so that the Lands of the State may be Developed and put to Their Best Use; to Encourage Crown Tenants to Increase Primary Production; to Foster and Hasten the Development of the Public Estate; and for these and other purposes to Amend "The Land Acts, 1910 to 1958," and other Acts. [A ssented to 3 rd D ecember , 1959.] E it enacted by the Queen’s Most Excellent Majesty, B 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:— I. P art —P reliminary . 5 1. (1.) This Act may be cited as “ The Land Acts short title. and Other Acts Amendment Act of 1959.” (2.) “ The Land Acts, 1910 to 1958,” are in this Principal Act referred to as the Principal Act. Aofc*

144 Land Acts, Etc., Amendment Act. 8 E liz . II. No. 45, tCitollel. ective XIII(. 3. a) nTdheXPIVri. nchipeareloAf,ctmaanyd tbheis cAocllte,cstaivveelyPacrittsedIXa.s, “ The Land Acts, 1910 to 1959.” Commence­ *2. Save as herein otherwise provided, this Act ment of Act. shall come into operation on a date to be fixed by the Governor in Council by Proclamation published in the Gazette, which date is herein referred to as the commencement of this Act. Interpreta­ 3. To the extent necessary to give operation and tion. effect to the provisions of this Act any and every provision of the Principal Act and of any other Act shall be read, construed and applied subject to this Act. Parts of Act. 4-. This Act is divided into Parts and Divisions of Parts, as follows :— P ak . t I.—P reliminary ; II.— P art O bjectives of L and A dministration ; P art III.— C onstitution of A dministration C ommission in L and A dministration B oard ; L and lieu of IV.— P art J udicial A rbitrator ; P art V.—C onversion of C ertain L eases of A reas not E xceeding F ive T housand A cres to F reeholding or P erpetual L ease T enure ; Division I.—Conversion of Settlement Farm Leases acquired consequent on “ The Land Acts Amendment Act of 1952 ” ; Division II. — Conversion of Grazing Selections acquired under the Principal Act; , Division III. — Provisions applicable to Agricultural Farm and to Perpetual Lease Selection Tenures under this Part of this Act; P art VI.—B rigalow L eases ; VII. P art —P rinciples of R ent A ssessment and V aluation ; VIII. P art —P rovisions to E nsure S ecurity of L easehold T enure ;* * Commenced 1 Jan. 1960. (Proc. pubd. Gaz. 19 Dec. 1959, p. 2209).

1959. Land Acts, Etc., Amendment Act.. IX.— P ast J imbour , C ecil P lains and O ther R e - purchased E states ; X.— P art A mendments R egarding P erpetual L ease S elections , G razing S elections , S ettlement F arm L eases , P astoral L eases , and P astoral D evelopment L eases ; XI.— P art M inimum A ge of A pplicants for L and ; XII.— P art A mendments of the P rincipal A ct and O ther A cts ; Division I.—The Principal Act ; Division II. —“ The Land Acts Amendment Act of 1927 ” ; Division III. —“ The Land Acts Amendment Act of 1931 ” ; Division IV.- —“ The Land Acts Amendment Act of 1952 ” ; Division V .—“ The Land Acts and Other Acts Amendment Act of 1957 ” ; P art XIII. —A mendments of “ T he D ischarged S oldiers ’ S ettlement A cts , 1917 to 1958 ” ; XIV.— P art A mendments of “ T he T ully S ugar W orks A rea L and R egulations ' A cts , 1924 to 1958.” # 145 ' II.— P art O bjectives of L and A dministration . 5. It is hereby declared that the main objectives Main . of Crown Land Administration are :— ofiandT08 (i.) The administration of the Crown Lands of“^uistra the State in such a way that they may retain and increase their productivity for the present and future generations ; (ii.) The reservation and setting-apart of sufficient Crown lands throughout the State for public purposes and for the use and enjoyment of the general public ; (iii.) The equitable treatment of all Crown tenants holding land under all land tenures, having due regard to the public interest, so that

146 Land Acts, Etc., Amendment Act. 8 Euz. II. No. 45, they may be encouraged to improve and develop the land occupied by them to the utmost of its productive capacity; (iv.) The utilisation of the lands of the State for their best purposes, having regard to the public interest and increasing production therefrom; (v.) The reversion to the Crown from time to time of land forming part of leasehold tenures to meet the progressive needs of new land settlement; (vi.) The progressive settlement and subdivision of Crown lands in adequate-sized areas to permit the maintenance of an ever- increasing rural population of resident ,landholders working their lands and giving employment to rural workers under prosperous conditions; (vii.) The making available of land under suitable tenures upon reasonable terms and conditions as necessary to assist with the improvement of the quality of sheep, wool, cattle, grain, and other products from the land ; ( v iii.) Fostering the application of modern scientific knowledge and technique in the administration and development of Crown lands; (ix.) The valuation of all Crown land tenures for rental and revenue purposes on the unimproved value of the land—that is, as if improvements had not been made—but not disregarding the potentialities of the land for development according to a greater or lesser expenditure on improvements; (x.) In the more arid areas of the State, and districts of uncertain rainfall, allowing Crown tenants a margin in areas, rents and conditions so as to permit them to face, without undue apprehension, the eventualities and vicissitudes likely to be encountered during the terms of the leases.

1959. Land Acts, Lyle., Amendment Act. 147 the a 6 f . o ( r 1 e . s ) aOidffoicbejersctoifvtehseoCfrloawnnd sahdamllihnaivsteraretigoanrd tion toAit? dinmecoitnfidvsetgr . a- administering the provisions of this Act and the Principal Act. unde(r2t.h) isAAnyctriagnhdt tohfeaPprpienaclipwahl iAchctatnoythpeerLsoanndmCaoyuhrat voer a g N L o tiuo r nn ig do h tn t h of t Land Appeal Court on any matter whatsoever shall not objectives be affected by the provisions of this Part II. of this taeevne not Act, but no new rights of appeal shall be created by observed. virtue of any provision of this Part II. of this Act. (3.) No person shall have any right or remedy whatsoever in law on the ground that any of the provisions of this Part II. of this Act have not been followed nor applied. Neither the Supreme Court, nor the Land Court, nor any other court or judicial tribunal whatsoever shall have jurisdiction to entertain any suit, action or other proceeding whatsoever for enforcing a right, remedy or claim alleged to be had by any person by virtue of any provision of this Part II. of this Act. PART III.--CONSTITTITION OF LAND ADMINISTRATION COMMISSION IN LIEU OF LAND ADMINISTRATION BOARD. of th 7 e . P (1 r . i ) ncTiopaalssAisct tthaenMd tihniissteAr cint athnedafdomr itnhiestrmatoiorne A tLioanndin 8 tr a. effective guidance and control of progressive land Commission. settlement and administration, there shall be established in accordance with this Part of this Act a Commission to be called The Land Administration Commission (herein referred to as "the Commission "). (2.) The Commission shall consist of a chairman who shall be designated the "Chief Commissioner of Lands," and two other members. (3.) Persons shall be appointed and hold office respectively as the Chief Commissioner of Lands and other members of the Land Administration Commission under, subject to and in accordance with " The Public Service Acts, 1922 to 1958,." (4.) The first appointments of the persons to be respectively the Chief Commissioner of Lands and other members of The Land Administration Commission may be made at any time after the passing of this Act.

148 Land Acts , Etc., Amendment Act . 8 E liz . II. No. 45, (5.) For the purposes of “ The Public Service Acts, 1922 to 1958,” the Chief Commissioner of Lands shall be the permanent head of the Department of Public Lands unless and until some other person is defined by the regulations under those Acts to be that permanent head. TmAhceetminLbgearnsdof hold 8 o.ffTichee rpeoswpeecrtiuvnedlyer atshisthAe ctCthoiefapCpoominmt ipsseirosnoenrs toof Administra­ Lands and other members of The Land Administration Ctioonmmission. Commission shall include power to appoint permanently or temporarily the first or any subsequent appointee to any such office, or any person in the place of a deceased, sick or absent holder of any such office, or any person to any such office when from any cause the same has become vacant. , Such power shall include power to appoint permanently or temporarily a member other than the Chief Commissioner of Lands to that office and in that event to appoint another person permanently or, as the j case may be, temporarily in the place of the member in question. Powers and 9. (L) Subject to the Minister, The Land dCuotmiems iossfiothn. e Administration Commission shall be charged with the proper and effective administration of Crown lands and of all laws relating thereto (save any such laws prescribed to be administered by some other authority) and shall control, manage, supervise and carry on the administration of the Department of Public Lands and in particular shall from time to time— , (a) Advise the Minister on matters pertaining to the administration of Crown lands and make to him such recommendations and reports respecting such matters as the Minister may require or as the Commission deems necessary or expedient; (b) Make such inquiries and investigations pertaining to the administration of Crown lands as the Minister may direct or as the Commission deems necessary or expedient; (c) Do, exercise and perform other functions, powers and duties as required by the Governor in Council.

1959. Land, Acts, Etc., Amendment Act. 149 (2.) For the purpose of any inquiry or investigation, ^ the Commission and each and every member thereof inv^t^sT*1 shall have the same powers, authorities and protectiontion- as a Commission under “ The Commissions of Inquiry Acts, 1950 to 1954,” save the provisions thereof which are thereby expressed to be limited in their application to a Judge of the Supreme Court. 10. References in the Principal Act or in any other References Act or law to the Land Administration Board shall be AdmL^t^ taken hereafter to refer to The Land Administration tion Board. Commission established under this Part of this Act. 11 . ( 1 .) Whenever under this Act, the Principal Powers of Act, and any other Act relating to the administration Governor^ of Crown lands, the Minister is empowered or required Council to exercise or discharge any power, authority or duty, the same may be exercised or discharged by him after giving due consideration to the recommendation of the Commission, and the said provisions of this Act, the Principal Act, and any other Act shall be construed accordingly. (2.) If the Minister does not approve of any report or recommendation of the Commission he may remit it to the Commission for reconsideration. (3.) In considering and dealing with any matter which is the subject of a report or recommendation by the Commission, the Minister may act in accordance therewith or may take such other action as he or the Governor in Council considers to be proper in the public ^interest. 12. The Governor in Council may make Regulation®, regulations, not inconsistent with this Act or the Principal Act, prescribing the duties and responsibilities of the Commission, the regulation of meetings, proceedings and the conduct of business of the Commission, the appointment of a secretary or other officers (if necessary) and generally such other matters or things which it may be considered necessary or expedient so to prescribe.

150 Land Acts, Etc., Amendment Acts. 8 E liz . II. No. 45, Appoint- Judicial Arbitrator, P art IV. —J udicial A rbitrator . 13. For the better carrying out of the provisions °f this Act, and in particular for assisting the Minister in resolving contentious issues of land administration, the Governor in Council may, if he thinks it desirable so to do, appoint from time to time a Judicial Arbitrator (hereinafter called the “Arbitrator ”). The first such appointment may be made at any time after the passing of this Act and shall be for a term of one year from the date of the commencement of this Act, any subsequent such appointment shall be for such period, not exceeding one year, as the Governor in Council thinks fit. Such an appointee shall be eligible for re-appointment. Quaiifica. 14. Notwithstanding anything in any Act contained, Arbitrator, any person experienced in land administration, or any member of the Land Court (including the President thereof) may be appointed Arbitrator. If a member of the Land Court (or the President thereof) is so appointed, he may exercise all the functions of Arbitrator in addition to the jurisdiction of a member of the Land Court. Allowances. 15. The Arbitrator shall receive such travelling allowance or other allowances as the Governor in Council may fix. Functions Arbitrator. 16. The Arbitrator shall advise the Minister on any of the following matters which may, at the Minister’s discretion, be referred to him :— (а) Any difficult or contentious matter of land administration; (б) Any claim by a Crown tenant that he is the subject of an injustice alleged to arise from an act of administration ; or (c) Any other land administration matter needing investigation. Arbitrator 17. Notwithstanding anything in this Act or in by equity* any other law or any practice to the contrary— conscience. (a) The Arbitrator in the exercise of any duty, power or function conferred or imposed upon him shall be governed in his procedure

1959. Land Acts, Etc., Amendment Act. 151 and in his recommendations to the Minister by equity, good conscience, the public interest and the substantial merits of the case, without regard to technicalities ; { b) The Arbitrator may inform his mind on any matter in such manner as he deems fit and shall not be bound by any rule or practice as to evidence ; (c) The Arbitrator in any inquiry shall have the same powers, authorities and protection as a Commission under “ The Commissions of Inquiry Acts, 1950 to 1954,” save the provisions thereof which are thereby expressed to be limited in their application to a Judge of the Supreme Court. 18. After any inquiry or investigation, the Arbitrator Arbitrator shall recommend to the Minister the course ™ which, m the particular matter under reference, he is recommen- of the opinion the Minister should take in the interest oniy0ns of the Crown tenant and having due regard also to the interests of any other person affected, and the public interest. The Arbitrator’s powers shall be limited to recommendation only; he shall not have the power of decision. I 19. The Minister, in his absolute discretion, may Powers of , recommend to the Governor in Council or decide that the ' recommendation of the Arbitrator — Council. (а) Be acted on either wholly or in part or with such modifications as the Minister deems fit; or (б) Be not acted on. The Governor in Council may approve, alter or reject any such recommendation by the Minister. 20. Nothing in this Part IV. of this Act shajll be Saving of construed as depriving any lessee of the right of having j^bS’.8 any matter brought before the Land Court for heftring and determination if such right is conferred by any provision contained in the Principal Act or any other Act.

152 Land Acts, Etc., Amendment Act 8 E liz . II. No. 45, P art V. —C onversion of C ertain L eases of A reas not E xceeding F ive T housand A cres to F reeholding or P erpetual L ease T enure . Division I.—Conversion of Settlement Farm Leases acquired consequent on the provisions of “ The Land Acts Amendment Act of 1952.” P6NaoEr. lti3zI6. I. InIoo. ft, any 2a1p. plFicraotmionantdo afttheer tMheinciostmermebnycema esnetleocftotrhisofAcat to apply to Settlement Farm Lease opened for selection for closer Sceertttaleinment settlement consequent on the provisions of Part II. of Farm Leases. “ The Land Acts Amendment Act of 1952,” either as a priority selection or at competition, shall be made under the provisions of this Part V. of this Act and not under the provisions of Part II. of “ The Land Acts and Other Acts Amendment Act of 1957,” as amended by “ The Land Acts and Other Acts Amendment Act of 1958.” This section shall not prejudice or affect in any way any application made before the commencement of this Act under Part II. of “ The Land Acts and Other Acts Amendment Act of 1957,” as so amended. Settlement 22. Any lessee of a Settlement Farm Lease opened lFeasrsemes who for selection for closer settlement consequent on the may convert provisions of Part II. of “ The Land Acts Amendment toor fpreerepheotludal Act of 1952,” either as a priority selection or at lease. competition, may apply to the Minister in writing to have the tenure of his lease converted either to ' freeholding tenure (Agricultural Farm) or to perpetual lease selection. . tDuinoeintmeropmfroinvaed­ refer, 23or. c( 1a- u)seIntoebveeryrefesrurcehd, ctoasethethCeouMrtinfiosrterheasrhianlgl value. and determination, the following matters, namely :— (i.) The unimproved value, as at the date when the Minister receives from the lessee the application in writing to have the tenure converted, of the land comprised in the Settlement Farm Lease; (ii.) The market value as at the date of hearing by the Court of the commercial timber on the land comprised in the Settlement Farm Lease, which value shall include the present value of trees with commercial potentiality.

1959. Land Acts, Etc., Amendment Act. (2.) The jurisdiction of the Court to hear and determine matters referred to it under subsection one of this section, 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. 153 24. (1.) The lessee shall, within three months from Lessee to the date of the Court’s determination of the amount of^£herto the unimproved value of his Settlement Farm Lease, prooeed with and the amount of the value of the commercial timber, freehold- if any, thereon, notify the Minister in writing whether he ing tenure elects to proceed with his application to have the tenure ^^fcuai of his Settlement Farm Lease converted to freeholding lease tenure, tenure (Agricultural Farm) or perpetual lease selection, • and shall specify which of these two tenures he elects to take. i (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 twenty-two of this Act, of the unimproved value of the selection concerned, and of the value of the commercial timber, if any, thereon, shall cease to have force or effect for any purpose whatsoever.

154 Land Acts, Etc., Amendment Act. 8 E liz . II. No. 45, (3.) A lessee shall, forthwith upon electing pursuant to this section to proceed with his application to have the tenure of his Settlement Farm Lease converted to freeholding tenure (Agricultural Farm) or, according as he has specified in his notice of election, perpetual lease selection, 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 or a Perpetual Lease Selection, as the case may be, which new tenure shall in every case be subject to the terms and conditions hereinafter provided by this Part V. of this Act. Grazing selectors may apply for conversion of tenure. Division II.—Conversion of Grazing Selections acquired under the Principal Act. 25. Any lessee of a Grazing Selection the area of which does not exceed five thousand acres may at any time apply to the Minister in writing to have the tenure of his holding converted to freeholding tenure (Agricultural Farm) or to Perpetual Lease Selection. Matter to 26. (1.) In every suchcase The Land bbey cTehretifLieadnd Administration Commission shall certify to the Minister Adminis­ whether or not the Grazing Selection is substantially in tCroamtiomnission. excess of a living area. If the Commission certifies that the Grazing v Selection is substantially in excess of a livingarea the ' Minister shall either reject the application or refer it to the Court. 1 If the Commission certifies that the Grazing Selection is not substantially in excess of a living area the Minister shall refer the application to the Court. Matters (2.) In respect of every application referred by the tdoetbeermined Minister to the Court, the Court shall hear and determine by Court. the following matters, namely :— (i.) The unimproved value, as at the date when the Minister receives from the lessee the application in writing to have the tenure converted, ofthe land comprised in the Grazing Selection;

1959. Land Acts, Etc., Amendment Act.. 155 (ii.) The market value as at the date of hearing by the Court of the commercial timber on the land comprised in the Grazing Selection, which value shall include the present value of trees with commercial potentiality ; (iii.) Whether public interests would be adversely alfected by granting the lessee’s application for conversion of tenure, and if so in what respect ; and thereupon, the Court shall hear and determine such matters. The jurisdiction of the Court to hear and determine Jurisdiction such matters shall be and is hereby vested in one member of Court' only, whose determination shall be final, and the provisions of subsections two and three of section twenty-three of this Act shall apply to such hearings and determinations. (3.) Upon the determination by the Court of the Lessee to matters specified in subsection two of this section, topr^d61 the provisions of section twenty-four of this Act shall, with . with and subject to any necessary adaptations apply : of tenure” Provided that in the event of the Court determining that public interests would be adversely alfected by granting the lessee’s application for conversion of tenure the Minister may reject the application. Division III.—Provisions applicable to Agricultural Farm [ and to Perpetual Lease Selection Tenures under this Part of this Act. 27. Every Agricultural Farm tenure (herein in Terms and this Division III. of this Part V. of this Act referred to ^dition8of as “ the new tenure ”) to which a Settlement Farm Agricultural Lease or a Grazing Selection is converted pursuant to tenses, this Part V. of this Act shall be subject to the following provisions, terms and conditions :— (a) All the improvement and development conditions to which the surrendered Settlement Farm Lease or Grazing Selection was subject; (b) The purchasing price under the new tenure shall be the unimproved value, as determined as prescribed by this Part V. of this Act, of

156 Land Acts, Etc., Amendment Act. 8 E liz . II. No. 45, the selection as at the date when the Minister receives from the selector the application in writing to have the tenure converted ; (c) The term of the new tenure shall be twenty years and 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; (d) The annual rent reserved shall, during the term, be an amount equal to one-twentieth of the purchasing price ; (e) 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 ; (/) 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 unexpired period thereof remaining as at the quarter day when the term of the new tenure commences; and ( g ) Subject to paragraphs ( a ) to (/), both inclusive, of this section, all such provisions, terms and conditions as apply with respect to Agricultural Farms under the Principal Act. ' Terms and 28. Every Perpetual Lease Selection (herein in cnoenwditions of this Division III. of this Part V. of this Act referred to Perpetual as “ the new tenure ”) to which a Settlement Farm LSeelaescetions. Lease or a Grazing Selection is converted pursuant to this Part V. of this Act shall be subject to the following provisions, terms and conditions :— (a) All the improvement and development conditions to which the surrendered Settlement Farm Lease or Grazing Selection was subject; (b) The capital value under the new tenure shall be the unimproved value determined as prescribed by this Part V. of this Act as at

1959. Land Acts, Etc., Amendment Act. the date when the Minister receives from the selector the application in writing to have the tenure converted ; (c) The term of the new tenure shall commence on the quarter day next following the day when the Minister receives from the selector the application in writing to have the tenure converted; (d) During the first ten years of the term the annual rent reserved shall be a sum equal to two pounds ten shillings per centum of the capital value; (e) The annual rent for each period of ten years thereafter shall be determined by the Court at a sum equal to two pounds ten shillings per centum of the unimproved capital value of the land as if it were held in fee-simple at the date of the commencement of each such period; (/) 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; (g) 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 unexpired period thereof remaining as at the quarter day when the term of the new tenure commences; and (h) Subject to paragraphs (a) to (g), both inclusive, of this section, all such provisions, terms and conditions as apply with respect to Perpetual Leaso Selections under the Principal Act. 157 29. To the extent necessary to give operation and Area effect to the provisions of this Part V. of this Act every under*10” provision of the Principal Act or of any Order in Council Principal under section fifty-one thereof (whether made before, on prejudice*0 or after the enactment of this section) limiting the application maximum area or maximum aggregated area which may conversion be held by any one person as an Agricultural Selection or of tenure.

158 Land Acts, Etc., Amendment Act. 8 E liz . II. No. 45, Agricultural Selections shall apply so as not to prejudice or affect howsoever the entitlement of any person to a new lease or license of a holding as an Agricultural Farm or Perpetual Lease Selection as prescribed by this Part V. of this Act: Provided that, save as respects the holding by the person thereunto entitled pursuant to this Part V. of this Act of any Agricultural Farm or Perpetual Lease Selection, the area of any Agricultural Farm or Perpetual Lease Selection to which this Part V. of this Act applies shall be taken into account in calculating the area declared or prescribed by the Principal Act or of any Order in Council under section fifty-one of that Act (whether made before, on or after the enactment of this section) to be the maximum area or maximum aggregated area which may be applied for or held by that person under the Principal Act: Provided further that for the purpose of determining whether or not a person other than the person thereunto entitled pursuant to this Part V. of this Act is qualified to acquire or hold any Agricultural Farm or Perpetual Lease Selection the area whereof exceeds two thousand five hundred and sixty acres, the area of that Agricultural Farm or Perpetual Lease Selection shall be deemed to be two thousand five hundred and sixty acres. Conversion 30. (L) The conversion, pursuant to this Part V. otof taefnfeucrte not of this Act, of the tenure of any Settlement Farm Lease mortgages, or Grazing Selection shall not affect or prejudice &c. howsoever any mortgage or other encumbrance, estate or interest then subsisting over, upon or in the selection, and endorsements accordingly shall be noted on the instrument of lease as an Agricultural Farm or Perpetual Lease Selection, as the case may be. Liability to (2.) An application for conversion of tenure under pay rent. this Part V. of this Act shall not affect the liability of the selector to pay rent in respect of his existing tenure, and that liability shall not cease until the conversion is recorded in the proper register in the Department of Public Lands. Payment 31. Upon and by virtue of the conversion pursuant for timber. to this Part V. of this Act of a Grazing Selection or Settlement Farm Lease to an Agricultural Farm or a

1959. Land Acts, Etc., Amendment Act. Perpetual Lease Selection, all timber thereon shall become and be the property of the lessee who shall pay the value of the commercial timber thereon, as determined by the Court, in equal annual instalments during the first five years of the term of the converted tenure. Such instalments shall be payable with the annual rent and the provisions of section one hundred and twenty-nine of the Principal Act shall apply with respect thereto as if the same were rent. 159 P art VI. —B rigalow L eases . 32. (I.) The Minister, with the approval of the ^.egrj'en.ure Governor in Council, may by notification declare land, LSL’f* °w not exceeding ten thousand acres in area, which is substantially covered with brigalow scrub, open for Brigalow Lease. (2.) The Minister may, in his discretion, at any time withdraw any land from being open for Brigalow Lease. (3.) Every Brigalow Lease shall be subject to the Tenns and following provisions, terms and conditions :— of Brigalow (i.) The term of the lease shall not exceed forty Leas0s- years; (ii.) The term shall commence on the quarter day next ensuing after the date of acceptance of the application for the land, or on the j quarter day next ensuing after the date of payment for the improvements on the land as the case may be; (iii.) The rent for the first period of ten years shall be the amount specified in the notification opening the land. The rent for the second and each succeeding period shall be determined by the Court; (iv.) The lease shall contain a condition for the clearing of the whole or specified portion of the brigalow scrub, which condition shall be fulfilled by the lessee in equal proportions each twelve months during the time specified for clearing;

160 Land Acts, Etc., Amendment Act. 8 Buz. II. No. 45, (v.) The lease may also, at the discretion of the Minister, and with the approval of the Governor in Council, contain conditions for the cultivation of a portion of the land, the introduction of improved pastures, or other works calculated to develop the land and increase its productive capacity ; (vi.) The lease shall be subject to the condition of personal residence and/or of occupation to the same extent as a Grazing Homestead selected since the first day of January, one thousand nine hundred and seventeen, is subject, and for this purpose all the provisions of subsection 4 a of section one hundred and nine of the Principal Act shall, with and subject to all necessary adaptations, apply : Provided that if the Commission certifies to the Minister that it would be in the public interest and conducive to the more speedy development of the land and the maintenance of more persons thereon to waive the condition of personal residence, the Minister may, in his discretion and with the approval of the Governor in Council, relieve the lessee from the performance of such condition : Provided further that, if the Commission certifies to the Minister that any area is, by itself, too small to constitute a living area, the i Minister, with the approval of the Governor ] in Council, may, by notification, declare such j area open for Brigalow Lease without the 1 condition of personal residence or occupation. Company eligible to acquire in certain circum­ stances. 33. A company shall not be debarred from applying for, acquiring and holding a Brigalow Lease if the company first satisfies the Minister and the Governor in Council that acquirement of such Brigalow Lease by such company is in the public interest and would be conducive to the more speedy development of the land, and the maintenance of more persons thereon, and

1959. Land Acts, Etc., Amendment Act. thereupon the condition of occupation may be performed by the personal residence on the land of an accredited representative of the company. In this section the term company means a British company, or a company, or an existing company under and within the meaning of “ The Companies Acts , 1931 to 1955.” 161 34. Except as hereinafter provided a person or Maximum company shall not be competent to apply for or hold Brlgakw two or more Brigalow Leases the aggregate area of Leases, which exceeds ten thousand acres : Provided that a person or company which undertakes— (а) Abnormally high expenditure in developing the land ; and (б) The permanent employment of a number of persons thereon, may be permitted by the Minister, with the approval of the Governor in Council, to acquire Brigalow Leases of an aggregate area not exceeding twenty thousand acres. 35. Save as modified by the provisions of this Act General relating to Brigalow Leases, all the provisions of the of provisions Principal Act (other than section fifty-eight thereof) of Principal which are applicable to Grazing Homesteads, shall be ^Grazing8 applicable to Brigalow Leases applied for or held under Homesteads, this Act and the Principal Act; and without limiting the general application of the provisions of this section, the provisions of the Principal Act with respect to Grazing Homesteads relating to applications, deposits, issue of leases, improvements, developmental conditions, survey fees, personal residence, occupation, sub-letting, rent and payment thereof, forfeiture, resumption, compensation, noxious plants, prickly-pear, surrender, transfer, transmission, mortgage, agistment, ringbarking and timber, with such modifications of the aforesaid provisions or any of them as the Governor in Council may from time to time, by Order in Council published in the Gazette, prescribe and declare, shall apply to Brigalow Leases.

162 Land Acts, Etc., Amendment Act. 8 E liz . II. No. 45, P art VII.— P rinciples of R ent A ssessment and V aluation . Kents to be 36. (1.) The rents of all leasehold tenures under the mfaoirdaenradte Principal Act and this Act payable to the Crown shall and based on be fair and moderate and such as prudent persons would uvanliumeps.roved willingly pay. (2.) All such rents shall be based on the unimproved value of the land ; that is as if the improvements had not been made, and no regard shall be had to any increase in the value of the holding attributable to improvements. Potentiali­ (3.) In assessing such rents, the potentialities of ptiaersttoofbe the holding, and especially its capability for increase in unimproved carrying capacity and production to a greater or lesser value. extent in proportion to expenditure on improvements, shall be considered ; the potentialities of the land shall be regarded as forming part of its unimproved value. Variability of seasons and prices to be considered. 37. The variability of seasons and prices obtainable for products from the land during the assessment period, to the extent that might reasonably be expected or anticipated by a prudent person, shall be matters to be considered in the assessment of rents. I How 38. In ascertaining the unimproved value of land scaolmespaarreabtloe for the purposes of this Act and the Principal Act from a be applied. consideration of the sale prices of comparable land in the neighbourhood which has been developed and improved, allowances shall be made in arriving at the unimproved value to the extent that such allowances N would likely be made by an experienced and prudent person, for the following :— (a) The replacement cost of all improvements and works of development less depreciation from use or otherwise ; (&) The time it would take for the improvements and works of development to be completed and to become effective; and (c) The added price which an experienced and prudent person would be likely to give for a developed holding bought as a going concern.

1959. Land Acts, Etc., Amendment Act. 163 39. Any lessee who, under the Principal Act, has a appeal right of appeal to the Land Court or Land Appeal Court Land" on any question of rent assessment or valuation may^PP^ai exercise such right of appeal, and the principles of our ’ rent assessment and valuation in this Part VII. of this Act shall apply and he observed: Provided that, notwithstanding the provisions of the Principal Act and/or of any other Act, the decision of the Land Appeal Court on such appeal shall be final and conclusive both in regard to questions of fact and in regard to questions of law arising from the principles of rent assessment and valuation in this Part VII. of this Act contained, and shall not be called in question in any other tribunal whatsoever. P art VIII. —P rovisions to E nsure S ecurity of L easehold T enure . 40. This Part VIII. of this Act shall apply with /pp^tion respect to Settlement Farm Leases, Brigalow Leases, vm^of Grazing Selections, Pastoral Holdings, Preferentialthis Act. Pastoral Holdings and Pastoral Development Holdings and accordingly in this Part VIII. of this Act the term “ holding ” or “ holdings ” means and includes all such tenures. 41. In the administration of the provisions of the Duty of Principal Act and this Act, officers of the Crown shall have particular regard to the need for encouraging Crown lessees to reasonably develop the land comprised in their holdings. To this end, expiring leases and uncertainty as to the renewal of leases are to be obviated to such an extent as may reasonably be possible by the observance of the provisions of this Part VIII. of this Act. 42. (1.) A lessee of any holding, the lease whereof Application has not more than ten years to run, may apply to the for new* Minister for consideration under, subject to and inlea3e- accordance with the provisions of this Part VIII. of this Act of the matter of the grant to him of a new lease jof the whole or part of the holding in question in substitution for the then current lease thereof.

164 Land Acts, Etc., Amendment Act. 8 E liz . II. No. 45, Particulars in appli­ cation. (2.) Every such application shall be in writing, be signed by the applicant or his agent, set out the name or number, area, situation and description of the holding to which it relates, and contain or be accompanied by all or such of the following information and particulars as the Minister may require, that is to say (а) The description and situation of all existing improvements upon the holding to which the application relates and the approximate cost or estimated present value of any and every such improvement; (б) The description and intended situation of any improvements proposed to be made and the respective estimated cost of any and every such proposed improvement; (c) The area of land, if any, comprised in the holding to which the application relates regarded by the applicant to be cultivable ; (d) The extent, stating the acreage, to which the applicant proposes to utilise any area x>f land specified in paragraph (c) of this subsection which he regards as cultivable for growing crops for fodder or for pasture improvement; (e) Particulars of the accommodation and amenities for employees provided by the applicant upon the holding to which the application relates ; (/) Particulars of any improvements of or additions to existing such accommodation or amenities for employees or of any new or additional such accommodation or amenities proposed to be made or provided by the applicant; J I I , \ i (g) Whether, when completed, improvements and undertakings as proposed by the applicant will ensure the maximum of economic production from the holding to which the application relates ; (h) Whether or not the applicant is prepared to surrender any part or parts of the land comprised in the holding to which his application relates for the purpose of new land settlement;

1959. Land Acts, Etc., Amendment Act. 165 (i) The carrying capacity as at the date of the application of the holding to which it relates ; (j) An estimate of the extent to which the quality of, the carrying capacity of, and production from, the land comprised in the holding to which the application relates will be increased, or safeguarded, or increased and safeguarded by the carrying out of the proposed improvements and developmental works; and (k) Such other information and particulars as may be required from time to time, and may be accompanied by other information or particulars deemed by the applicant to be relevant to the application. (3.) Upon receipt of an application as aforesaid Roforence to the Minister shall refer the same to The Land ministration Administration Commission for investigation and report, Commission, as herein provided in this Part VIII. of this Act. 43. (1-) The Commission shall, in respect of every investiga- i application so referred to it by the Minister, investigate j the following matters, that is to say :— ’ (a) The area of land of the quality comprised ' in the holding in question that is sufficient to afford a prudent lessee a reasonable living , area as defined in “ The Land Acts Amendment Act of 1927,” having regard to the potentialities of the land for farming, stock grazing by means of artificially cultivated or j improved pasturage, or the grazing of stock on the grasses natural to land which has no other potential; (b) The public interest, the interest of the lessee concerned, and considerations as to how best the land can be brought to its maximum production, increased population be sustained, and the public estate be developed;j (c) The rental value of the land ; and (d) Such other factors and circumstances as the Commission deems fit and proper.

166 Land Acts, Etc., Amendment Act. 8 E liz . II. No. 45, Report by (2.) The Commission shall make to the Minister a Commission. report upon its investigations as aforesaid and such recommendations as it deems fit. Considera­ tion by Minister. (3.) The Minister, in exercising, in respect of applications as aforesaid, the powers conferred upon him by this Part VIII. of this Act, shall have regard to the report and recommendations of the Commission, but he shall not be bound thereby. PthoewMerisniosfter. discr4et4io.n(— 1.) The Minister may, in his absolute (a) Approve either wholly or in part, and either unconditionally or subject to such conditions as are calculated to develop the public estate ; or ( b) Refuse, any application. (2.) If the Minister approves the application wholly or in part he shall determine the area of land in respect of which a new lease shall be offered, and the conditions to which the lease shall be subject as regards rental, tenure, term of lease, developmental improvements and works calculated to develop the public estate. (3.) The Minister shall give to the applicant notice in writing of his decision with respect to the application. j 4 Steps to be 45. (1.) A lessee of a holding whose application lteaskseene ubpyon under this Part VIII. of this Act has been approved approval by the Minister, wholly or in part, may notify the Minister iwnhpoallryt oorf in writing that he has elected to take advantage of such his appli­ approval. cation for a new lease. (2.) Notice in writing of election as aforesaid shall be given to the Minister within three months after the date of the notification to the lessee in question of the decision of the Minister approving his application either wholly or in part, or within such extended time longer than the aforesaid three months (but not exceeding six months in all) as the Minister may in his discretion allow in any particular case. (3.) Any and every notice of election as aforesaid received by the Minister within the time allowed for the giving thereof to him, shall be irrevocable and shall bind the lessee in question and his successors in interest.

1959. Land Acts, Etc., Amendment Act. (4.) If a lessee fails to give to the Minister notice of election as aforesaid within the time allowed therefor, the decision in question by the Minister shall be of no effect, and the existing lease of the holding in respect of which that decision was made shall continue in force as if there had neither been an application under this Part VIII. of this Act in respect thereof nor a decision upon that application by the Minister. 167 46. (1.) Upon duly electing to take advantage of a issue of decision by the Minister approving wholly or in part lease his application for a new lease of a holding in substitution conditions for the existing lease therefor, a lessee shall surrender thereof- that subsisting lease and thereupon a new lease shall be issued to that lessee in accordance with the decision of the Minister. (2.) Every such new lease shall commence <n the quarter day next ensuing after the lessee shall have surrendered the lease the subject of the application under this Part VIII. of this Act, and shall be for such term as shall have been fixed by the Minister in his aforesaid decision. (3.) Every such new lease shall be issued (and shall be valid and effectual to convey to and vest in the lessee therein named, the land therein described for the estate or interest therein stated) subject to such reservations and conditions as are authorised or prescribed by the Principal Act and subject also to such of the special conditions as the Minister shall have deemed fit to impose in his decision approving the new lease. (4.) Any lessee of any such new lease may, not later than three months after the date of commencement of the term of the new lease, apply to the Minister in waiting to have the rent payable for the first period of the term of the lease determined by the Land Court, and thereupon the provisions of section 128 a of the Principal Act shall apply and be observed. (5.) In the case of every such new lease the tenure whereof is that of Grazing Selection, Settlement Farm Lease or Brigalow Lease, the lease shall be subject to a condition that the lessee shall keep the land comprised in the lease fenced with a good and substantial fence at all times during the term of the lease, and that such

168 Land Acts, Etc., Amendment Act, 8 E liz . II. No. 45, fence shall, in every case where the surrendered lease imposed the like condition with respect to the land comprised therein, be, according as that condition required, rabbit proof, or marsupial proof, or both rabbit proof and marsupial proof. Interpreta­ 47. The provisions of this Part VIII. of this Act tion. shall be construed so as not to confer upon any lessee a claim to be granted as of right any new lease of a holding. The powers and authorities of the Minister under this Part VIII. of this Act shall be discretionary and every decision made or purporting to be made in the exercise of any such power or authority by the Minister shall be final and conclusive of the subject matter thereof. No lessee shall have any right or remedy whatsoever in law in respect of anything done or omitted to be done by the Minister in respect of the exercise of any power or authority under this Part VIII. of this Act or in respect of any failure or refusal by the Minister to exercise such power or authority. Neither the Supreme Court, nor the Land Court, nor any other court or judicial tribunal whatsoever shall have jurisdiction to entertain any suit, action or other proceeding whatsoever for enforcing a right, remedy or claim alleged to be had by any person by virtue of any , provision of this Part VIII. of this Act. Interpreta­ tion of Part IX, Collective title. IX.— P art J imbour , C ecil P lains , and O ther R e - purchased E states . 48. (1-) This Part IX. of this Act shall be read as one with “ The Closer Settlement Acts, 1906 to 1958.” (2.) “ The Closer Settlement Acts, 1906 to 1958,” and this Part IX. of this Act may be collectively cited as “ The Closer Settlement Acts, 1906 to 1959.” raPedrlojauvtsiinstmigonetonst conta4in9e.dN— otwithstanding anything in any other Act of rents on Jimbour, Cecil Plains and other re-purchased estates. (i.) On and after the first day of January, one thousand nine hundred and sixty, the rent of Perpetual Lease Selections on Jimbour re-purchased estato, Cecil Plains re-purchased estate and on all other re-purchased estates

1959. Land Acts, Etc., Amendment Act. 169 shall be and be payable at the rate of two and one-half per centum per annum of the unimproved capital value of the land, and determinations by the Land Court for ensuing rental periods shall be at such rate; (ii.) The rental periods of all Perpetual Lease Selections shall be ten years : Provided that in the case of Perpetual Lease Selections existing at the commencement of this Act the next rental period shall be ten years and shall commence as from the expiration of the rental period of fifteen years or seven years, as the case may be, subsisting immediately prior to the commencement of this Act. (iii.) The rate of interest payable on the purchasing price of the land comprised in any Agricultural Farm on Jimbour re-purchased estate, Cecil Plains re-purchased estate, or on any other . re-purchased estate the term of lease of which commenced before the commencement of “ The Land Acts and Other Acts Amendment Act of 1957,” shall be at the rate of two and one-half per centum per annum as from the first day of January, one thousand nine hundred and fifty-eight; (iv.) The purchasing price of any Agricultural Farm on any re-purchased estate, the term of lease of which shall have commenced after the commencement of “ The Land Acts and Other Acts Amendment Act of 1957,” shall be payable without interest, and the rent payable as instalments of purchasing price of any such Agricultural Farm the term of lease of which commenced before the commencement of this Act, shall be adjusted accordingly. 50. Notwithstanding any other provision of this Act or anything in any other Act contained, the rents Cecil Plains of all Perpetual Lease Selections on Cecil Plains *?I1I”~|11r, re-purchased estate shall be payable at the rate of two as from 1st and one-half per centum of the existing unimproved capital values of the respective selections up to the ' thirty-first day of December, one thousand nine hundred

170 Land Acta, Etc., Amendment Act. 8 E liz . 1L N o . 45, and sixty-one. As from the first day of January, one thousand nine hundred and sixty-two, the rents and unimproved capital values of all Perpetual Lease Selections on Cecil Plains re purchased estate shall be determined afresh by the Court for a period of ten years. Term of lease of Settlement Farm Leases. 51. (1.) The term of lease of a Settlement Farm Lease shall be thirty years. (2.) The lease of every Settlement Farm Lease existing at the commencement of this Act shall be, and is hereby, extended for two years. (3.) (a) When the term of lease of a Settlement Farm Lease exceeds ten years the term shall be divided into periods ; the last period shall be of such duration as will permit the other period, or each of the other periods, as the case may be, to be of the duration of ten years. ( b ) In the case of existing Settlement Farm Leases, with a residue term of ten years or more after the extension of the lease in accordance with subsection one of this section, the period current immediately prior to the commencement of this Act shall be of ten years duration. (c) In the case of existing Settlement Farm Leases with a residue term of less than ten years after the extension of lease in accordance with subsection one of this section, the period current immediately prior to the commencement of this Act shall be extended by two years. Ao6fmEdenwd.mVeInI.t,s heret5o2fo.re“ T am he en C de lo d s , er is S f e u tt r l t e h m e e r nt am A e c n t ded of — 1906,” as No. 32. (a) By repealing subsection four of section 33 a thereof and inserting, in lieu of that repealed subsection, the following subsection— “ ( 4 .) The annual rent reserved shall, during the term, be an amount equal to one-twentieth of the purchasing price, and every amount thereof paid shall be applied in liquidation of the purchasing price.” ( b ) By repealing in subsection two of section 33 b thereof the words “ three pounds per centum per annum ” and inserting, in lieu of those repealed words, the words “ two pounds ten shillings per centum per annum ” ; and (c) By repealing the Schedule thereto.

1.959. Land Acts, Etc., Amendment Act. 171 P art X.—A mendments R egarding P erpetual L ease S elections , G razing S elections , S ettlement F arm L eases , P astoral L eases and P astoral D evelopment L eases . 53. Notwithstanding anything contained in the Amendments Principal Act, the provisions of this Part X. of this Act te^ehoid shall apply to all Perpetual Lease Selections, Grazing tenures. Selections, Settlement Farm Leases, Pastoral Leases and Pastoral Development Leases. Perpetual Lease Selections. 54. (1.) The Minister, in his discretion, and with j^^not the approval of the Governor in Council, may open land exceeding not exceeding five thousand acres in area for selection ?>000 acre3 as Perpetual Lease Selection and impose suchm aroa' improvement and development conditions as he thinks fit: Provided that land exceeding two thousand five hundred and sixty acres in area shall not be made available for selection as Perpetual Lease Selection either with priority pursuant to section seventy-two of the Principal Act or otherwise, unless it has already been improved and developed to the extent of at least five pounds per acre, including structural improvements, or is subject by the terms of the opening notifications to conditions requiring development of the land to the extent of at least five pounds per acre, including structural improvements and that, to the extent necessary to give ! operation and effect to the foregoing provisions of this proviso, the provisions of section twenty-nine of this J Act shall, with and subject to all necessary modifications ! apply and extend. 55. (1.) The rental periods of all Perpetual Lease Ten-year Selections shall be ten y * ears: p as e s r e io ss d m s. ent Provided that in the case of any Perpetual Lease Selection existing at the commencement of this Act the first such rental period of ten years shall commence as from the expiration of the rental period of fifteen years or seven years, as the case may be, current immediately prior to the commencement of this Act.

172 Land Acts, Etc Amendment Act . 8 E liz . II. No. 45, peRxoeirnspttointougfal appli(e2d. ) fTorheorl’ eancqt uiorfedalblefoPreerptehteuapl asLsienagseofSethleicstiAoncst l1e£aspeesrtcoebnet. ofonre apnoyunanddteenvesrhyilrlienngtsalppeerricoedntsuhmallobfethaesuumnimeqpuraolvetdo capital value of the land as if it were held in fee-simple at the date of the commencement of the rental period in question. Rent of now (3.) The rent of every Perpetual Lease Selection lpeearspeesttuoalbe selected after the commencement of this Act for any 2£ per cent. and every rental period shall be a sum equal to two pounds ten shillings per centum of the unimproved capital value of the land as if it were held in fee-simple at the date of the commencement of the rental period in question. Provisions 56. Subject to the provisions of this Part X. of this oAfcPt rtoincipal Act, all the provisions of the Principal Act relating apply. to Perpetual Lease Selections shall apply to Perpetual Lease Selections under the Principal Act and this Act. Term of lease of Grazing Selections. Grazing Selections. 57. The term of lease of a Grazing Selection shall be thirty years : Provided that the Minister, with the approval of the Governor in Council, may make land available for a term of less than thirty years but not less than ten years. This section applies to every lease of a Grazing Selection the term whereof commences on or after the commencement of this Act. elEexaxissteetisnn. sgion of existi5n8g. a( Lt ) thTehectoemrmmeonfcleeamseenotf eovfertyhGisraAzcintg sShealellctiboen, and is hereby, extended by two years. Ten-year periods. (2.) (a) When the term of lease of a Grazing Selection exceeds ten years the term shall be divided into periods ; the last period shall be of such duration as will permit the other period, or each of the other periods, as the case may be, to be of the duration of ten years. Adjustment (b) In the case of any existing Grazing Selection of periods. with a residue term of lease of ten years or more after the extension of the lease in accordance with subsection

1959. Land Acts, Etc., Amendment Act. one of this section, the rental period current immediately prior to the commencement of this Act shall be of ten years duration. (c) In the case of any Grazing Selection with a residue term of less than ten years after the extension of the lease in accordance with subsection one of this section, the rental period current immediately prior to the commencement of this Act shall be extended by two years. 173 59. When a lessee satisfies the Minister that the Rfx,te°"gsi°n development of a Grazing Selection will cost an exceptional abnormally high sum in comparison with the cost ofcases- developing other lands used for grazing in the locality, the Minister, with the approval of the Governor in Council, may grant an extension of lease not exceeding ten years on the lessee undertaking to incur abnormally high expenditure on such developmental improvements as may be specified by the Minister, and within such time as may be specified, and thereupon the making of such improvements within such specified time shall become a condition of the lease. Settlement Farm Leases. 60. (1.) The term of lease of a Settlement Farm Term of Lease shall be thirty years : settlement Provided that this subsection shall not apply to Leases, a Settlement Farm Lease existing at the commencement of this Act, the term of which exceeds thirty years. (2.) The lease of every Settlement Farm Lease existing at the commencement of this Act the original term whereof did not exceed twenty-eight years shall be, and is hereby, extended by two years. (3.) (a) When the term of lease of a Settlement Farm Lease exceeds ten years the term shall be divided into periods ; the last period shall be of such duration as will permit the other period, or each of the other periods, as the case may be, to be of the duration of ten years.

174 Land Acts, Etc., Amendment Act. 8 E liz . II. No. 45, (b) In the case of any Settlement Farm Lease existing at the commencement of this Act, with a residue term of lease of ten years or more after the extension of the lease in accordance with subsection one of this section, the period current immediately prior to the commencement of this Act shall be of ten years duration. Pastoral Leases and Pastoral Development Leases. Length of 61. (1.) The term of lease of land opened by leaae’to'be notification as a Pastoral Holding or as a Pastoral determined Development Holding shall be determined by the tureon°ndl Minister, with the approval of the Governor in Council, improve- according to the expenditure likely to be incurred on ments. the development of the land and to the development conditions to which the lease shall be subject. temfof” (2.) The term of a Pastoral Holding shall not exceed leases.0 thirty years, and the term of a Pastoral Development Holding shall not exceed fifty years . Provided that a term exceeding thirty years for a Pastoral Development Holding shall be determined only in respect of land situated in remote districts of the State, and then only if the lease is made subject to very extensive improvement conditions, involving exceptionally heavy expenditure. XI.— P art M inimum A ge op A pplicants for L and . Minimum 62. From and after the passing of this Act a person applicants'1 under the age of eighteen years shall not be eligible ’ to apply for or acquire land of any tenure under the provisions of the Principal Act, or of the Principal Act and any other Act: Provided that this section shall not affect the right or title of any person under the age of eighteen years in respect of any land under the Principal Act, or under the Principal Act and any other Act, held by him immediately prior to the passing of this Act or acquired by him under any will or by devolution of law.

1959. Land Acts, Etc., Amendment Act. 175 XII. P art —A mendments of the P rincipal A ct and O ther A cts . Division I.—The Principal Act. 63. Section four of the Principal Act is amended by repealing therein the definition “Board” and ° Geo. v„ inserting, in lieu of that repealed definition, the following No-15- definition:— “ “ Commission ”—The Commission, called The Commission. Land Administration Commission, established in accordance with Part III. of “ The Land Acts and Other Acts Amendment Act of 1959 ”; ”. 64. Subsection one of section twenty of the Principal Amendment Act is amended by repealing in the first paragraph Geo^v., thereof the words “ three persons ” and inserting, in N°- is- lieu of those repealed words, the words “ not more than six persons ”. 65. (1.) The Principal Act is amended by repealing Repeal of section twenty-one thereof and inserting, in lieu of that ^l'of'i repealed section, the following section :— Geo. v., No. “ [21.] (2.) The salary of the member of the Court Salaries of designated as President of the Land Court shall be at thTi^nd the rate of four thousand two hundred and fifty pounds Court, per annum. (2.) The salaries of the members of the Court (other than the member designated as President of the Land Court) shall be at the rate of three thousand seven hundred and fifty pounds per annum. (3.) All such salaries shall be a charge upon and paid out of Consolidated Revenue which is hereby appropriated accordingly.” (2.) This section shall come into operation on the date of the passing of this Act. 66. Subsection one of section thirty-two of the Amendment Principal Act is amended by repealing the second paragraph thereof and inserting, in heu of that repealed No. 15 . paragraph, the following paragraph:— “ The Court may, if it thinks fit, take evidence of its own motion.”

176 Land Acts, Etc., Amendment Act. 8 E liz . II. No. 45, Amendment 67 . Subsection one of section 40 b of the Principal of! Geo.(v., Act is amended by repealing in paragraph (a) thereof No. is. the words “ sixteen years ” and inserting, in lieu of those repealed words, the words “ eighteen years ”. Amendments 68. Subsection one of section fifty-four of the oM Geo^v., Principal Act is amended by, in paragraph (vi.) thereof— No*15' (a) Repealing the words “ twenty-eight years ” and inserting, in lieu of those repealed words, the words “ thirty years ” ; and (6) Repealing the words “ may be any number of years not exceeding thirty-five years ” and inserting, in lieu of those repealed words, the words “ shall be thirty years ”. Amendment 69. Section fifty-five of the Principal Act is o1 fGs. eo5. 5Vo.f, amended by adding thereto the following subsection:— No. 15. Disposal of odd areas of land to secure develop­ ment. “ (5.) Any portion of land considered by the Minister not to be a fair living area may be made available for selection under this section with the following modifications :— (a) Applicants eligible to hold the land as a selection may be invited to set out in their applications proposals for developing the land to ensure reasonable production thorefrom within a specified period; ( b) Each applicant may be required to furnish evidence as to his financial and other qualifications to develop the land in accordance with his proposals ; (c) The condition of personal residence or the condition of occupation may not be imposed; (d) The Minister may determine the most suitable applicant to whom priority may be granted or the group of suitable applicants amongst whom a ballot to determine priority may be held.” A of m s e . n 5 d 8 m o e f nts 70. Section fifty-six of the Principal Act is r i Geo. v., amended— No” 15‘ (a) By repealing in paragraph (6) thereof the words “ two thousand five hundred and sixty acres ” and inserting, in lieu of those repealed words, the words “ five thousand acres ” ; and

1959. Land Acts, Etc., Amendment Act. (6) By repealing in paragraph (/) thereof the words “ two thousand five hundred and sixty acres ” and inserting, in lieu of those repealed words, the words “ five thousand acres 177 71. Subsection one of section fifty-nine of the Amendment Principal Act is amended by repealing in paragraph (a) °f t g L^ v .. thereof the words “ sixteen years ” and inserting, in No. 15 . ’ lieu of those repealed words, the words “ eighteen years 72. The Principal Act is amended by repealing section ninety thereof and inserting, in lieu of that a. repealed section, the following section :— NGei 5 V'’ “ [90.] If it is proved to the satisfaction of the Modification C />i omm • iss • ion t it nat i t 11 he perf o ormance o i f * t 11 he condition o r f ocfonredsiitdioennstiainl personal residence or the condition of occupation in certain cir- respect of any selection would be a hardship for the °ums ant es' selector, or that special reasons exist for relieving the selector from the performance of either of such conditions, and that public interests would not be adversely affected by so doing, the Commission may certify accordingly, and thereupon the Minister may for such period as he thinks fit waive such condition or permit such condition to be performed by the residence of the selector on other country land within a distance not exceeding thirty miles from the selection: Provided that the Minister’s waiver or modification of the condition may be revoked by him at any time upon three months’ notice to the selector and that any such waiver or modification shall cease to be of any force or effect if the selection is transferred.” 73. Section one hundred and four of the Principal Amendments Act is amended— icteo.°v.?f (a) By repealing in subsection two thereof the words * “ fifteen years ” and inserting, in lieu of those repealed words, the words “ ten years ” ; (b) By repealing the proviso to subsection two thereof; and

178 Land Acts, Etc., Amendment Act. • 8 E liz . II. No. 45, (c) By repealing in subsection three thereof the words “ seven years ” and inserting, in lieu of those repealed words, the words “ ten years ofT^og161118 74. Section one hundred and nine of the Principal of i Geo. v., Act is amended — No. 15. (a) By repealing subsection two thereof and inserting, in lieu of that repealed subsection, the following subsection :— “ (2.) The lease shall be for the notified term. When the notified term exceeds ten years it shall be divided into periods, and the last period shall be of such duration as will permit the other period or each of the other periods, as the case may be, to be of the duration of ten years.” ; ( b) By repealing in the first subparagraph of paragraph (a) of subsection 4 a thereof the words “ first period of the term of such Grazing Homestead—that is, the selector shall personally reside on such Grazing Homestead for the period of seven years ” and inserting, in lieu of those repealed words, the words “ first five years of the term of the lease ” ; (c) By repealing in the second subparagraph of paragraph (a) of subsection 4 a thereof the words “ period of seven years ” and inserting, in lieu of those repealed words, the words “ five years ” ; and (d) By, in the first subparagraph of paragraph (c) of subsection 4 a thereof, repealing the word “ either ” and inserting, after the figures, letter and words “ section 109 b of this Act ”, the words “ or of Part VIII. of “ The Land Acts and Other Acts Amendment Act of 1959 ” ”. Repeal of s. 109 b of i Geo. v., No. 15. Saving. 7 i 5 j . (I.) Section 109 b of the Principal Act is hereby repealed. (2.) The repeal of the said section 109 b shall not affect or prejudice howsoever any lease applied for and granted pursuant thereto prior to the repeal thereof by this section.

1959. Land Acts, Etc., Amendment Act. Notwithstanding the repeal thereof by this section the said section 109 b shall be deemed to continue in force for the purpose of enabling the issue of a new lease of a Grazing Selection to any such lessee whose application under the said section 109 b was granted by the Minister prior to the repeal of the said section 109 b and who (whether before or after the repeal thereof) may elect within the time prescribed by that section. 179 76. Section 114 a of the Principal Act is amended— Amendment* r of s. 114 a of (a) By repealing subsection two thereof and No^fsT” inserting, in lieu of that repealed subsection, the following subsection “ (2.) The lease shall be for the notified term. When the notified term exceeds ten years it shall be divided into periods, and the last period shall be of such duration as will permit the other period or each of the other periods, as the case may be, to be of the duration of ten years.” ; (b) By repealing the first paragraph of subsection four thereof and inserting, in lieu of that repealed paragraph, the following paragraph :— “ The lease of a Settlement Farm Lease shall be subject to the condition of personal residence during the continuance of the first five years of the term of the lease.” ; (c) By repealing in the second paragraph of subsection four thereof the word “ period ” and inserting, in lieu of such repealed word wheresoever repealed, the words “ five years of the term ” ; and (d) By inserting in subsection five thereof, a|fter the words, figures and letter “section 109 b hereof”, the words “ or Part VIII. of “ The Land Acts and Other Acts Amendment Act of 1959 ” ”. 77. Subsection one of section one hundred and Amendment nty-five of the Principal Act is amended iD7 ooff s1. G12e5o. (1V) ., baling the second proviso thereto/ No. 15.

180 Land Acts, Etc., Amendment Act. 8 E liz . II. No. 45, Amendments 78. Section one hundred and forty-six of the o1fGs. eo1. 4V6 . o, f Principal Act is amended— No. 15. (а) By repealing subsection one thereof and inserting, in lieu of that repealed subsection, the following subsection ;— “ (1.) Subject to section one hundred and fifty-five of this Act the Governor in Council— (a) May after the expiration of the first fifteen years of the term of the lease of a Pastoral Holding, not being a Preferential Pastoral Holding, at any time and from time to time resume without paying compensation therefor any of the land comprised therein of an area or aggregate not exceeding one third of the total area thereof; ( b ) May at any time and from time to time resume without paying compensation therefor land comprised in a Pastoral Development Holding of an area pr aggregate not exceeding such area as was specified by the Governor in Council when the land was opened for application or the lease was granted; and (c) May at any time and from time to time resume without paying compensation therefor any land comprised in a Preferential Pastoral Holding for any public purpose. ” ; and (б) By inserting in subsection two thereof, after the words “ under this section ”, the words “ other than a resumption referred to in paragraph (c) of subsection one of this section Division II. —“ The Land Acts Amendment Act of 1927.” Amendment 79. Subsection two of section sixteen of “ The ooff s. 16 (2) Land Acts Amendment Act of 1927,” as heretofore 18 Geo. V., amended, is further amended by repealing in the proviso No. 17. thereto the words “ forty years ” and inserting, in lieu of those repealed words, the words “ fifty years ”. Division III. —“ The Land Acts Amendment Act of 1931.” Bepeal of 80. Part III., being sections eleven to eighteen, P22arGteIoI.I. Vo., f both inclusive, twenty and twenty-one, as heretofore No. 39 and amended, of “ The Land Acts Amendment Act of 1931,” tahbeolLitaionnd of is hereby repealed and the Board constituted thereby Administra­ and called the “ Land Administration Board ” is hereby tion Board.

1959. Land Acts, Etc., Amendment Act. abolished, and the offices of the members thereof are hereby vacated, and their respective commissions of appointment are hereby revoked and determined. 181 Division IV .—“ The Land Acts Amendment Act of 1952.” 81. (1.) Part II., being sections three to twelve p®P®a{j0f both inclusive, and Part III., being sections thirteen and m.'of to nineteen, both inclusive, of “ The Land Acts n,» Amendment Act of 1952,” are hereby repealed. °' ' (2.) The repeal of the said Parts II. and III. shall not affect or prejudice howsoever any lease granted pursuant to either such Part prior to the repeal thereof by this section. Notwithstanding the repeal thereof by this section the said Part II. shall be deemed to continue in force for the purpose of enabling the issue of leases with priority of application to any person to whom the Minister has made the offer set out in subsection two of section six of the said Part II. prior to the repeal thereof and who (whether before or after such repeal) has accepted such offer as prescribed by section seven of the said Part II. Notwithstanding the repeal thereof by this section the said Part III. shall be deemed to continue in force for the purpose of enabling the issue of a new lease of any pastoral holding, preferential pastoral holding, pastoral development lease, or stud holding to the lessee thereof whose application under the said Part III. was granted by the Governor in Council prior to the repeal of the said Part III. and who (whether before or after such repeal) has elected as prescribed by section seventeen of the said Part III. Division V .—“ The Land Acts and Other Acts Amendment Act of 1957.” 82. Section five of “ The Land Acts and Other Acts Amendment Amendment Act of 1957 ” is amended by inserting after ^Eiiz. n., subsection, three thereof the following subsection :— No. 36. ’ “ (4.) In the case of an application for the conversion of the tenure of a Settlement Farm Lease the Court shall also determine the market value as at the date of hearing

182 Land Acts, Etc., Amendment Act . 8 E liz . II. No. 45, by the Court of the commercial timber on the land comprised in the Settlement Farm Lease, which value shall include the present value of trees with commercial potentiality.” Amendments 83. Section seven of “ The Land Acts and Other Acts o6fEsl. iz7. oIfI. , Amendment Act of 1957 ” is amended— No. 36. (i.) By adding to paragraph (c) thereof the following proviso:— “ Provided that in the case of a surrendered lease or license which was subject to improvement and/or developmental conditions such conditions shall continue to apply to the new tenure ; ” ; and (ii.) By inserting after paragraph (c) thereof the following paragraph :— “ (/) Upon and by virtue of the conversion pursuant to this Part II. of this Act of a Settlement Farm Lease to an Agricultural Farm, all timber thereon shall become the property of the selector, who shall pay the value of the commercial timber thereon, as determined by the Court, in equal annual* instalments during the first five years of the term of the converted tenure. Such instalments shall be payable with| the annual rent, and the provisions of section one hundred and twenty-nine of the Principal Act shall apply with respect thereto as ifj the same were rent.” Interpreta­ tion of this Part and collective title. P art XIII.— A mendments of “ T he D ischarged S oldiers ’ S ettlement A cts , 1917 to 1958.” 84. This Part XIII. of this Act shall be read as one with “ The Discharged Soldiers' Settlement Acts , 1917 to 1958,” and those Acts and this Part XIII. of this Act may be collectively cited as “ The Discharged Soldiers' Settlement Acts, 1917 to 1959.”

1959. Land Acts, Etc., Amendment Act. 183 85. Notwithstanding the provisions of section 5 a Adjustment of “ The Discharged Soldiers ’ Settlement Acts, 1917 to perbds! and 1958,” the following provisions shall apply to every Perpetual Lease Selection to which the said section 5 a applies:— (a) The rent, when due for reassessment (whether before or after the passing of this Act), shall be determined by the Court at a sum not exceeding two pounds ten shillings per centum per annum of the unimproved capital value of the land ; (b) Any rent payable at the commencement of this Act at the rate of three pounds per centum per annum of the unimproved capital value of the land shall be reduced to two pounds ten shillings per centum per annum as from the commencement of this Act; (c) The rental periods shall be ten years as from the expiration of the rental period of fifteen years or seven years, as the case may be, subsisting immediately prior to the commencement of this Act. P art XIV.— A mendments of “ T he T ully S ugar W orks A rea L and R egulations A cts , 1924 to 1958.” 86. This Part XIV. of this Act shall be read as one JflterPr?*|?' 'with “ The Tully Sugar Works Area Land Regulations Part and *" Acts, 1924 to 1958,” and those Acts and this Part XIV. ®i°l,I®otive of this Act may be collectively cited as “ The Tully Sugar 1 e' \ Works Area Land Regulations Acts, 1924 to 1959.” 87. Notwithstanding anything contained in the Adjustment Schedule to “ The Tully Sugar Works Area Land periods!an Regulations Ads, 1924 to 1958,” the following provisions , shall apply to every Perpetual Lease Selection whereto the provisions of the said Schedule apply:— (a) The rent, when due for reassessment (whether before or after the passing of this Act), shall be determined by the Court at a sum equal to two pounds ten shillings per centum per annum of the unimproved capital value of the land :

. 184 Land Acts, Etc., Amendment Act. 8 E liz . II. No. 45, 1959. (6) The rent payable at the commencement of this Act at the rate of three pounds per centum per annum of the unimproved capital value of the land shall be reduced to two pounds ten shillings per centum per annum as from the commencement of this Act; (c) The rental periods shall be ten years as from the expiration of the rental period of fifteen years or seven years, as the case may be, subsisting immediately prior to the commencement of this Act. 1