Land Acts (Review of Cattle Holding Rents) Amendment Act of 1923 (14 Geo v No. 33) (Qld)

10598 ss. 1, 2. LAND, CROWN. Land Acts (Cattle Holdings Rents), Etc., Act. 14 GEO. V. No. 33, LAND, CROWN. The Land Acts (Review of Cattle Holding Rents) Amendment Act of 1923 14 Qeo. V. No. 33: The Prickly-pear Land Act of 1923 .. 14 Qeo. V. No. 34 The Sugar Workers' Perpetual Lease Selections Act of 1923 " 14 Qeo. V. No. 20 The Closer Settlement Acts Amendment Act of 1923 14 Qeo. V. No. IS The Upper Burnett and Callide Land Settlement Act of 1923 14 Qeo. V. No. 14 14NGo.eo3. 3. V. An Act to Make Provision for the Review of the THE Rents due to the Crown by the Lessees LAND ACTS (REVIEW OF of Certain Holdings mainly used for the CATTLE HOLDING Depasturing of Cattle in respect of a period RENTS) AMENDMENT commencing on the 1st July, 1921, and ACT OF 1923. ending on the 30th June, 1926; and for the Reconsideration of the Rents of certain Lands held under Occupation License: and for other consequential purposes. Short title. [ASSENTED TO 12TH NOVEMBER, 1923.] 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 (Review of Cattle Holding Rents) Amendment Act of 1923," and shall be read as one with *" The Land Act of 1910" and its several amendments, herein collectively referred to as the Principal Act. Application 2. (1.) This Act Bhall be a pplicable only to of Act. pastoral holdings held under Division 1. and to occupation licenses held under Division n. of Part In. of the Principal Act, and to grazing selections held under Part IV. of the Principal Act, which, since the thirtieth day of June, one thousand nine hundred and twenty-one, have been mainly used for the depasturing of cattle. This Act shall not be applicable to any holding or occupation license which has been applied for as a pastoral holding or occupation l~ cense or selected as a *' I Geo. V. No. 15, and Amending Acts, supra, pages 8775, 9177, 9180. and 10096.

LAND, CROWX ss. 3, 4. 10599 1923. Land Acts (Cattle Holdings Rents) Amendment Act. selection after the thirtieth day of June, one thousand nine hundred and twenty-one. (2.) The holdings to which this Act is applicable are herein referred to as cattle holdings. 3. (1.) At any time within three months after the Noti?e of passing of this Act the lessee of a cattle holding may ~~ ~ :lOn to give notice in writing under his hand or under the hand ad.vantage of of his agent to the Minister electing to take advantage of thIS Act. the provi.sions of this Act with respect to his holding. (2.) Every such notice of election shall be in the form hereunder set forth or to the like effect, namely :- District of Name of holding To the Minister for Lands. I [We] the undersigned, being the lessee of the pastoral holding [or grazing selection] known as [or No. ] in the above distri( t, dq l>ereby elect to take advantage -of the provisions of "The Land Acts (Review of Cattle Holding Rents) Amendment Ac~ of 1923" with respect to such holding, and {)therwise to be bound by the provisions of the said Act. The said holding has since the thirtieth day of June, one thousand nine hundred and twenty-one, been used mainly for the depasturing of cattle. The number of cattle now being depastured on such holding is [set forth approximately the number of cattle. If sheep are being depastured on the hold1:ng, set forth approximately the mlmber of sheep.] Given under Witness hand at day of J.P. 19 . , this A.B. ,and when received by the Minister shall be irrevocabJe ,and shall bind both the lessee and his successors in title and the Crown. In the case of two or more holdings held by the same lessee, the whole of the lands comprised therein may be included in one such notice of election. 4. Upon the receipt of every notice of election Reference to under this Act in respect to any cattle. holding, the Land Court. Minister shall refer the matter of such holding to the Land Court, to be dealt with under this Act. The Court may receive as evidence in any case any report, valuation, or cJaim already made or furnished to the Court or to the Land Appeal Court by the Minister or the lessee under section twenty-nine of the Principal Act in respect of ·any cattle holding, and may in the case of ,any cattle holding accept and use as part of the record before the Court any evidence, whether oral or in

10600 S.5. LAKD, CROW~ . Land Acts (Cattle Holdings Rents), Etc., Act. 14 GEO. V. No. 33, writing, given or adduced in the Land Court or the Land Appeal Court in any prior proceeding under the Principal Act relating to such holding. . Duty of the 5. (1.) It shall be the duty of the Court with respect ~ ~ i~ 1~ der to every holding which has been referred to it by the Minister under this Act- (a) To decide whether this Act is applicable to the holding. The fact (if it be so) that the holding on the date of the notice of election aforesaid was being wholly or mainly used for the de- pasturing of stock other than cattle, or that no stock were then being depastured thereon, shall not of itself preclude the Court from deciding that this Act is applicable to the holding. (b) If the Court decides that this Act is not applicable to the holding, the Court shall have no further duty with respect to the matter of the holding. (c) If the Court decides that this Act is applicable to the holding, the Court shall in the same proceeding review the rent of the holding (whether the lease of the holding is in its first or any other period and whether the rent thereof has or has not been determined or determined afresh under the Principal Act) and shall determine the annual rent of the holding payable during a period of five years commencing on the first day of July, one thousand nine hundred and twenty-one, and ending on the thirtieth day of June, one thousand nine hundred and twenty-six, or. if the term of the lease will expire before the last-mentioned date, during the period commencing as aforesaid and ending on the date of such expiry, and in so doing shall, in addition to the matters set forth in sub- section one of section one hundred and twenty-five of the Principal Act, have regard particularly- (i.) To the decrease in the earning power of the holding by reason of the fall in prices of cattle and other products obtained or obtainable therefrom; and

LAND, CROWN. s.5. 1923. Land Acts (Cattle Holdings Rents) Amendment Act. (ii.) The advantageous situation (if it be so) of the holding in relation to markets for its cattle and other products. (2.) If the Court decides that the rent of the cattle holding for the period of five years aforesaid (or such lesser period up to the date of expiry of the term of the lease) shall be at the same rate as that of the then- existing rent fixed or determined for the current period under the Principal Act, the provisions of this Act shall cease to apply to the holding and the notice of election under this Act shall be treated as a nullity. (3.) Notwithstanding anything contained in the Principal Act, the rent as determined by the Court under this Act shall be the rent payable in respect of the cattle holding during the period of five years aforesaid, or such lesser period up to the date of expiry of the term of the lease. (4.) \Vhen the amount of rent is determined by the Court under this Act, the lessee shall on the next succeeding date on which rents are payable pay at the prescribed place any arrears of rent due by him at the rate determined under this Act so as to adjust the balance due to the Crown. The amount by which the rent actually paid by the lessee in respect of the cattle holding since the thirtieth day of June, one thousand nine hundred and twenty-one, is in excess of the amount which would have been payable if such rent had been at the rate determined by the Court under this Act shall be credited to the lessee and applied towards payment of the rent of the holding which may subse- quently become due. (5.) Notwithstanding anything contained in the Principal Act, in any case where the current period (not being the first period) of the term of a cattle holding commenced before the first day of July, one thousand nine hundred and twenty-one, and the rent thereof for such current period has not been determined under the Principal Act, the Court shall in the same proceeding under this Act and without regard to the provisions of this Act, determine the rent for the time beginning with the commencement of the current period and ending on the thirtieth day of June, one thousand nine hundred and twenty-one, in accordance with the provisions of the Principal Act, and shall also determine under this Act the rent payable for the period of five years aforesaid or such lesser period up to the date of expiry of the term of the lease. 10601

10602 SS. 6, 7. hAND, CROWN- Land Acts (Cattle Holdings Rents), Etc., Act. 14 GEO. V. Xo. 3:-;, Readjust· ment of periods. 6. (1. ) Notwithstanding anything contained in the Principal Act, and except in the cases mentioned in subsection two of the last preceding section, the period .r beginning on the first day of uly, one thousand nine hundred and twenty-one, amI ending on the thirtieth day of June, one thousand nine hundred and twenty- six (or, if the term of the lease will expire before the last-mentioned date, during the period commencing as aforesaid and ending on the date of such expiry), shall be and be deemed to be a period of the term of the cattle holding the rent whereof has been reviewed under this Act. (2.) The balance (if any) of the term of such holding after the expiration of the period of five years aforesaid shall, if it does not exceed ten years in the case of a pastoral holding, or if it does not exceed seven years in the case of a grazing selection, become the last period of the term of the holding, and the rent thereof shall be determined under the Principal Act accordingly without regard to the provisions of this Act. (3.) The balance of the term after the expiration of the period of five years aforesaid shall, if it exceeds ten years in the case of a pastoral holding, or if it exceeds seven years in the case of a grazing selection, be divided into periods, and the last period of the term 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 dura,tion of ten year:3 in the ease of a pastoral holding or seven years in the case of a grazing selection, and the rent of each such holding for such periods respectively shall be determined under the Principal Act accordingly without regard to the provisions of this Act. Jurisdiction 7. (1.) The powers and duties conferred and imposed omfeomnbeer. upon the Land Court under this Act shall be exercised and performed by one member only thereof, and the decision of the Court on all matters arising under this Act shall be final and conclusive and without appeal. (2.) Rules of Court under the Principal Act may provide that all or any of the matters arising under this Act may be heard and determined by the Court sitting in Chambers in Brisbane or elsewhere. (3.) Unless the Court in any particular matter so requires, the provisions of section twenty-nine of the Principal Act need not be complied with by the Crown or the lessee.

LAND, CROWN. s.8. 10603 192:3. Land Acts (Cattle Holdings Rents) Amendment Act. 8. (1.) At any time within three months • afte • r the 8 ~ 1 dec e o r n a t- · IOn 0 I passing of this Act the holder of any occupatIOn lIcense rents of. to which this Act is applicable may give notice, in fccupatlOu writing under his hand or under the 'hand of his agent, !Causes. to the Minister that he desires the Minister to take into consideration the rent paid in respect of such occupation license since the first day of July, one thousand nine hundred and twenty-one, and the rent payable in future during a period of five years commencing on the date last aforesaid and ending on the thirtieth day of June, one thousand nine hundred and twenty-six, or for such period of time less than the period last aforesaid in cases where such occupation license shall have been determined at a date earlier than the thirtieth day of June, one thousand nine hundred and twenty-six, under the provisions of the Principal Act. (2.) Every such notice shall be in the form hereunder set forth or to the like effect, namely :- District of Occupation License No. To the Minister for Lands. I [We] the undersigned, being the holder of Occupation License No. in the above district, hereby make application for recon- sideration of the rent paid in respect of such occupation license since the first day of July, one thousand nine hundred and twenty·one and the rent payable in future during a period of five years commencing on the date last aforesaid and ending on the thirtieth day of June, one thousand nine hundred and twenty-six, or for such period of time less than the period last aforesaid in cases where such occupation license shall have been determined at a date earlier than the thirtieth day of June, one thousand nine hundred and twenty-six, and subject to the provisions of "The Land Acts (Review of Cattle Holding Rents) Amendment Act of 1923." The said occupation license has, since the thirtieth day of June, one thousand nine hundred and twenty-one, been used mainly for the depasturing of cattle. The number of cattle now being depastured on the land comprised in such license is [set forth approxi'fIWtely the number of cattle. If sheep are being depastured on the land, set forth approximately the nitmber of sheep] . . Given under Witness hand at day of J.P. ,192 • , this A.B. In the case of two or more occupation licenses held by the same person, the whole of the lands comprised in such licenses may be included in one such application. L

10604 s.8. LAND, CROWN. Land .Jcts (Cattle Holdings Rents), Etc., Act. 14 GNO. V.No. 33,1923. The fact (if it be so) that such land on the date of the application aforesaid was being wholly or mainly used for the depastriring of stock other than cattle or that no stock were then being depastured on the said land shall not of itself preclude the Minister from extend- ing to the applicant the benefit of this section. (3.) The Minister shall reconsider the rent of every occupation license comprised in such application, and in so doing shall have regard to- (i.) The decrease in the earning power of the land held under such license by reason of the fall in prices of cattle and other products obtained or obtainable therefrom; and (ii.) The advantageous situation (if it be so) of the land in relation to markets for its cattle and other products; and (iii.) The decisions (if any) of the Court made under section five of this Act with respect to cattle holdings in the locality of the land held under such license, and in particular the rents fixed with respect to such holdings by the Court for the period of five years under the said section mentioned. (4.) The Minister in his discretion may fix afresh the rent payable in respect of any such occupation license for a period of years commencing on the first day of July, one thousand nine hundred and twenty-one, and ending on the. thirtieth day of June, one thousand nine hundred and twenty-six, or any earlier date when such license is determined in any manner whatsoever under the Principal Act. (5.) The rent as determined afresh by the Minister under this Act shall be the rent payable in respect of such occupation license during the years aforesaid. (6.) The amount by which the rent actually paid by the licensee on the area comprised in the license as existing on the date of the notice of his application under this section in respect of such license is in excess of the amount which would have been payable on such area if such rent had been at the rate fixed by the Minister under this section, shall be credited to the licensee and applied towards payment of the rent of the land which may subsequently become due.