Land Acts (Crown Dues) Relief Act of 1934 (25 Geo v No. 27) (Qld)

LANDS, CROWN. 25 G1l.o. V. No. 27,1934. Land Acts (Crown Dues) Relief Act. 15033 . An ACcrtowton PTroevniadnetsa Munedaesurrethoef RLae,lniedf tAoctCs,ertaanind 25 NG T oe H . o E 2 . 7V. . for other purposes. LAND ACTS (CROWN DUES) RELIEF [ASSENTED TO 29TH NOVEMBER, 1934.J ACT OF 1934. B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. This Act may be cited as "The Land Acts Short tiLle. (Crown Dues) Relief Act of 1934." 2. In this Act, unless the context otherwise InterpreLa- indicates, the following terms shall have the meanings tion. set against them respectively, that is to say :- " Crown dues "-Annual rents or instalments of Crown dues. survey fees due to the Crown under the Land Acts, or amounts due to the Crown under any mortgage or charge relating to wire, wire-netting, or water facilities, oJ' under any agreement relating to the purchase of improvements from the Crown; "Land Acts "-*" The Land Acts, 1910 to 1932," Land Acts. and any other Act relating to the settlement of Crown lands; " Prescribed "-Prescribed by this Act; Prescribed. " This Act "-This Act and all regulations and This Act. Orders in Council and notifications made and issued thereunder. 3. (1.) The provisions of this Act shall be applicable Construction notwithstanding anything contained in the Land Acts of Act. or in any other Act. (2.) Subject to the last preceding subsection this Act shall be read as one with the Land Acts. 4. (1.) Any selector or lessee (other than the Relief in selector of a Grazing Selection, or the lessee of a ~~; ~~~ t: ~ es ; pastoral holding, or the lessee of any town or applic~tion suburban land) of any land under the provisions of for relIef. the Land Acts whose Crown dues are at the date of the passing of this Act in arrears for two years * 1 Geo. V. No. 15 and amending A.cts, supra, pages 8775 et seq.

15034 LANDS, CROWN. Land Acts (Crow1L Dues) Relief Act. 25 GEO. V. No. 27, or more may, within six months of the passing of this Act or within such further time not exceeding twelve months from the passing of this Act as the Minister in his discretion may allow, apply on the prescribed form to the Minister to be granted relief in respect of the payment of Crown dues. Appli?ation (2.) The application shall be in the form of a ~ ~ ~ : a: t~ : ; statutory declaration, and shall set out particulars as declaration. to the following : - (a) The holding or holdings held by the selector or lessee. (0) The amount of the Crown dues in arrears and the nature thereof. (c) The reasons why the Crown dues have not been paid. (d) The use to which the holding or holdings has or have been put during each of the five years preceding the application, and the income which has been derived from such holding or holdings during each of such years. (e) The use to which the holding or holdings is or are at the date of application being put. (f) Any other matters as may be prescribed. No application shall be considered unless it is in the prescribed form and all requisite particulars have been furnished. Reference to (3.) The Minister shall refer such application to Board. the Land Administration Board for inquiry and recommendation as hereinafter provided. Board to make inquiry. (4.) The Board shall make such inquiry into the matter as it deems fit, and may for the purposes of giving selectors or lessees concerned an opportunity of tendering oral evidence in the localities in which their holdings are situated appoint any Land Commissioner, Land Commissioners, or other officers of the Department of Public Lands to hear such evidence. Any Land Commissioner or officer so appointed shall have the same powers, authorities. and protection as a Commission under *" The Official Inquiries Evidence Acts, 1910 to 1929." * 1 Qeo. V. No. 26 and 20 Qeo. V. No. 2, Bupra, pages 748 and 12474.

LANDS, CROWN. 15035 1934. Land Acts (Crown Dues) Relief Act. (5.) After such inquiry as it deems fit in respect Recommen· of any such application the Board shall recommend to ~~~~~s by the Minister whether or not relief should be granted, . and if it recommends that relief be granted then the nature of the relief which should be so granted. Such relief may be in the nature of any or all of Nature of the following :_ rdief. (a) Suspension of the payment of arrears of Crown dues for a specified time and the acceptance of such arrears in instalments over a period of years. (b) Capitalisation of arrears of Crown dues by adding the amount of the arrears to the principal sum and adjustment of the terms of payment with regard to such principal debt. (c) Remission of prescribed penalties that may have accrued in respect of Crown dues. (d) Extension of the period of repayment prescribed in any existing Crown mortgage, charge, or agreement. (e) Adjustment or writing-down of any Crown dues which are likely to be beyond the reasonable capacity of the selector or lessee concerned to pay, having regard to the productive capacity of the land comprised in his holding if used for the purpose for which it is best suited. (f) Any other form of relief that may be determined by the Governor in Council by Order in Council. 5. The Minister shall consider such recommendation, Decision of and may approve of such recommendation, or may Minister. refuse such recommendation, or may refer such recommendation back to the Board for further inquiry: Provided that if the Minister approves of the Confirmation recommendation it shall be submitted to the Governor by Gove~ lnor I . n C ounm '1 f or confirma t' IOn. III CounCl . 6. It is hereby declared that the decision by the Decision to Minister in respect of any such recommendation shall be be final afd a decision in his absolute discretion, and shall not be no appea . subject to any appeal or review by the Land Court or by the Supreme Court, or by any other tribuna1 whatsoever.

15036 LANDS, CROWN. Land Acts (Crown Dues) Relief Act. 25 GEO. V. No. 27, 1934. No right of 7. Nothing in this Act shall confer upon any claim. selector or lessee the right to claim any relief under this Act. Ne?essary 8. (1.) Upon the approval by the Minister of the adjustments. recommendat'IOn and con fi rmat'IOn thereof by. the Governor in Council, all necessary adjustments shall be made to give full effect to the granting of the relief so decided upon. Construction (2.) Moreover, in every case where any relief under of securities. this Act has been extended to any selector or lessee, every instrument of security given and whensoever given by such selector or lessee as and by way of security shall be read and construed as if the provisions of this Act to the extent to which relief has been granted thereunder to him were inserted in such security as part of the terms and conditions thereof, and the parties thereto shall be bound accordingly. Extension of Act. 9. Notwithstanding anything in this Act to the contrary, the Governor in Council may by Order in Council published in the Gazette extend and apply the operation of this Act to any selector of a Grazing Selection who, pursuant to the Land Acts, is entitled to use the whole or any part of his seleotion for agricultural, dairying, orchard, or general farming purposes. Regulations 10. The Governor in Council may from time to ianndCoOurndceirl. s gtiemneeraml akoer retgoulamtieoents fpoarrtaiclluloarr ancyasepsu,rptohsaets, mwahyethbeer necessary or expedient to carry out the objects and purposes of this Act; and all the provisions of section two hundred and nine of *" The Land Acts, 1910 to 1932," shall, mutatis m.utandis, extend and apply in respect of all or any matters or things under this Act. All Orders in Council under this Act shall be read and construed as forming part of this Act and shall be judicially noticed, and shall not be questioned in any proceedings whatsoever. * 1 Gea. V. No. 15 and amending Acts, supra, pages 8775 et seq.