Land Acts and Other Acts Amendment Act of 1961 (10 Eliz ll No. 23) (Qld)

697 ANNO DECIMO ELIZABETHAE SECUNDAE REGINAE. No. 23. An Act to Amend "The Land Acts, 1910 to 1960.'' "The Land Acts and Other Acts Amendment Act of 1958," and "The Land Acts and Other Acts Amendment Act of 1959," ea!:h in certain particulars. [ASSENT.ED TO 7TH APRIL, 1961.] I3 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:- PART I.-PRELUUNARY. 1. This Act may be cited as " The Land Acts and Short title. Other Acts Amendment Act of 1961.H 2. 'I'his Act is divided into Parts as follows :- Parts of Act. p ART !.-PRELIMINARY ; p .ART Il.--AMENDMENTS OF " THE LAND ACTS, 1910 TO 1960 " ;

698 Land Acts and Other Acts, Etc., Act. 10 ELiz. IL No. 23, PART III.--AMENDMENTS OF ., THE LAND ACTS AND OTHER ACTS AMENDMENT ACT OF 1958"; p ART IV.-AMENDMENTS OF " THE LAND ACTS AND OTHER ACTS AMENDMENT ACT OF 1959." Interpre• te.tion of Pe.rt II. Collective title. p ART II.-AMENDMENTS OF " THE LAND ACTS, 1910 TO 1960." 3. (1.) This Part II. of this Act shall be read as one with" The Land Acts, 1910 to 1960." (2.) " The Land Acts, 1910 to 1960," and this Part II. of this Act may be collectively cited as " The Land Acts, 1910 to 1961." Aofm s. en 4 d 0 m (2 e ) n . t Acts, 4. 19 S 1 u 0 bs to ec1ti9o6n0,t"wois oafmseencdtieodn bfyortoymoitftin" g Th th e e L f a ir n s d t paragraph of subparagraph (/} of the second pamgraph and inserting in its stead the following paragraphs :- " In the case of a preferential pastoral holding that the lease sha.ll be subject to a condition that the land shall~ within a specified period not exceeding three years, be stocked to its reasonable carrying capacity with the lessee's own stock, and shall thereafter be used for producing wool or cattle, or both wool and cattle. In this subparagraph(/) "stock" means cattle or sheep, or both cattle and sheep." Amendment of s. 54 (2). 5. Subsection t.wo of section fifty-four of "The Land Acts, 1910 to 1960," is amended by omitting subparagraph (a) of paragraph (ivB.) and inserting in its stead the following subparagraph :- H (a) The land shall, within a specified period not exceeding three years, be stocked to its reasonable carrying capacity with the applicant's own stock, and shall thereafter be used for producing wool o:r cattle, or both wool and cattle. In this subparagraph (a) "stock" means cattle or sheep, or both cattle and s h eep; " .

1961. Land Acts and Other Acts, Etc., Act. 699 p ART III.-AMENDMENTS OF " THE LAND ACTS AND OTHER ACTS AMENDMENT ACT OF 1958." 6. This Part Ill. of this Act shall be read as one Interpre- with " The Land Acts and Other Acts Amendment Act tPaatirot nIIoIf. of 1958." Land 7. Ac S t u s b a se n c d ti O on the o r ne Ac o ts f A se m c e ti n o d n me fi n f t ty A -t c h t re o e f 1o9f 5 " 8 T " h i e s A of m s. en 5 d 3 m (I e ) n . ts amended by- (a) Omitting subparagraph (ii.) of paragraph (a) and inserting in its stead the following subparagraph:- " (ii.) That the number of Stud Merino rams produced on the holding or holdings to which the application relates and sold for breeding purposes elsewhere than on such holding or holdings during the period of three years next preceding the date of the application averaged not less than four hundred yearly ; or " ; and (b) Omitting paragraph (b} and inserting in its stead the following paragraph :- " (b) Where the application is ma.de in respect of the production of any breed of stud beef cattle, he is satisfied that the number of stud beef bulls of that breed produced on the holding or holdings to which the application relates and sold for breeding purposes elsewhere than on such holding or holdings during the period of three years next preceding the date of the application averaged not less than sixty yearly." 8. Subsection two of section fifty-five of "The Amendment Land Acts r1,nd Other Acts Amendment Act of 1958" is ofs. 55 ( 2 l• amended by omitt.ing the words " Merino Stud Breeders) Association", where appearing in paragraph (c}, and inserting in their stead the words " Queensland Merino Stud Sheepbreeders' Association ". 9. Section fifty-nine of "The Land Acts and Other Amendments Acts Amendment Act of 1958 " is amended by-- of 0• 59• (a) In paragraph (c) of subsection three, omitting the words " registered Stud Merino sires or sires " and inserting in their stead the words " Stud Merino Aires or registered sires " ;

700 Land Acts and Other Acts, Etc., Act. 10 Euz. II. No. 23, (b) Omitting from paragraph (/) of subsection three the words and brackets " (and if the Minister has referred the matter to a committee named by him for investigation, which it is hereby declared he may do at his discretion, by that committee) "; (c) Adding to paragraph (/) of subsection three the following subparagraph :- " This paragraph (/) applies subject to subsection five of this section" ; and (d) Adding the following subsection:- " (5.) The Minister shall give to the lessee of the Stud Holding concen1ed notice in writing of his intention to make in respect of such holding the recommendation specified. in paragraph (/) of subsection three of this section, and shall state in such notice the conditions of the lease which the Minister is satisfied have not been complied with by the lessee. The lessee may, within twenty-eight days after the date of such notice, apply in writing to the Minister to have the matter of whether or not he has complied with the conditions of the lease stated in the notice given to him by the Minister determined by the Land Court, and thereupon the Minister shall refer such matter to the Land Court for hearing and determination. For the purpose of hearing and determining any such reference the Land Court shall be constituted bv one member thereof sitting alone, whose determinatioii shall be final and conclusive, and shall not be called in question in the Land Appeal Court or in any other court or tribunal whatsoever. Where a reference to the Land Court is duly applied for as prescribed by this subsection, the Minister- (a) Shall postpone the making of the recommendation under paragraph (/) or subsection three of this section concerned pending the decision of the Land Court ; and (b) Shall not make such recommendation if the Land Court decides that the lessee has complied with the conditions of the lease stated by the Minister in the notice of intention referred to in this subsection."

1961. Land Acts and Other Acts, Etc., Act. 701 p A.RT IV.-AMENDMENTS OF " THE LAND ACTS AND OTHER ACTS AMENDMENT ACT OF 1959." 10. This Part IV. of this Act shall be read as one Interpre- with " The Land Acts and Other Acts Amendment Act of ~;!fw~ 1959." 11. Section four of " The Land Acts and Other Acts Amendments Amendment Act of 1959" is amended by omitting the ors. 4· words " OF AREAS NOT EXCEEDING FIVE THOUSAND ACRES ", the words " acquired consequent on " The Lana ActB Amendment Act of 1952" ", and the words "acq_'aired '11,nder the Principal Act ". ~P::-::rtte 12. The headnote appearing before section twenty- ~endments one of" The Land Acts ann, Other Acts Amendment Act of 1959 " is amended by omitting the words " OF AREAS before s. 21. NOT EXCEEDING FrvE THOUSAND ACRES "' and the words "acquired consequent on "The Land Acts Amendment Act of 1952 " ". 13. Section twenty-one of "The Lann, Acts and Amendment Other Acts Amendment Act of 1959" is amended by oft!. 21. omitting the words " opened for selection for closer settlement consequent on the provisions of Part II. of "The Land Acts Amendment Act of 1952," either as a priority selection or at competition,". 14. Section twenty-two of "The Land Acts and Am&ndment Other Acts Amendment Act of 1959" is amended by ofs. 22· omitting the words " opened for selection for closer settlement consequent on the provisions of Part II. of "The Land Acts Amendment Act of 1952," either as a priority selection or at competition,". 15. The headnote appearing before section twenty- Amendment five of" The Land Acts and Other Acts Amendment Act ofhe~ote of 1959 " is amended by omitting the words " acquired :F:::.\5. under the Principal Act ". 16. Subsection two of section fifty.-five of " The Amendment Land Acts and Other Acts Amendment Act of 1959 " is of 8• 55 ( 2) · amended by inserting after the words " Perpetual Lease Selections " the words " allotted in priority under the provisions of the Principal Act relating to group selections, or ".

702 Land Acts and Other Acts, Etc., Act. 10 ELIZ. II. No. 23, 1961. News. 58A l 7. " The Land Acts and Other Acts Amendment inserted. Act of 1959 " is amended by inserting after section fifty-eight the following section:- Grazing " [58A.] The term of the lease of every Grazing Suenldecetri"on The Selection opened for selection pursuant to the provisions Prickly-pear of "The Prickly-pear Land Acts, 1923 to 1959," and L 19 a 2 n 3 d t A o cts, existing at the first day of January, one thousand nine 1959." hundred and sixty (other than such a lease which has been surrendered or forfeited prior to the enactment of this section) shall be, and be deemed to have been, hereby extended by two years as from the first day of January, one thousand nine hundred and sixty." By Authority: S. G. REID, Government Printer, Brisbane-1961