Lands Legislation Amendment Act 1991 (Qld)

Queensland LANDS LEGISLATION AMENDMENT ACT 1991 No. 83 of 1991

Queensland LANDS LEGISLATION AMENDMENT BILL 1991 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 2—AMENDMENT OF THE LAND ACT 1962 3 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of s. 5 (Interpretation of terms) . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Amendment of s. 6 (Grants and leases) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Amendment of s. 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Amendment of s. 14 (Obligation to perform conditions of leases and licences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Amendment of s. 23 (Powers of Minister and Governor in Council) . . . . . . . 9 Amendment of s. 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Insertion of new s. 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Delegation of powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Amendment of s. 31 (Salaries of members) . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Insertion of new s. 38A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38A Withdrawal of reference to Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Amendment of s. 53 (Term of lease) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Replacement of s. 60 (Payment balance survey fee) . . . . . . . . . . . . . . . . . . . . 60 Payment of balance of survey fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Replacement of s. 61 (Conditions generally) . . . . . . . . . . . . . . . . . . . . . . . . . . 61 Issue and start of pastoral leases . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ii 61A Rental periods of pastoral leases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61B Rent for a pastoral lease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61C Purposes for which a pastoral lease may be used . . . . . . . . . . . . . . . 16 Amendment of s. 83 (Classes of selections) . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Replacement of s. 104 (Balance of survey fee) . . . . . . . . . . . . . . . . . . . . . . . . 104 Payment of balance of survey fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Replacement of s. 123 (Tenure) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123 Agricultural farms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Replacement of s. 125 (When fee-simple of agricultural farm or grazing homestead freeholding lease may be acquired) . . . . . . . . . . . . . . . . . . . . . . . . 125 Freeholding of agricultural farms and grazing homestead freeholding leases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Replacement of s. 127 (Perpetual lease selections) . . . . . . . . . . . . . . . . . . . . 127 Perpetual lease selections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Replacement of s. 131 (Nature of tenure and conditions of lease) . . . . . . . . . 131 Term and rent of grazing homestead perpetual lease . . . . . . . . . . . . 131A Personal residence, occupation—grazing homestead perpetual lease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131B Agistment of grazing homestead perpetual lease . . . . . . . . . . . . . . . . 131C Purposes for which a grazing homestead perpetual lease may be used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Replacement of s.139 (Application for conversion) . . . . . . . . . . . . . . . . . . . . . 139 Application for conversion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Amendment of s. 140 (Matter to be certified by the Commission) . . . . . . . . . 24 Replacement of s. 144A (Terms and conditions of grazing homestead freeholding lease) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144A Terms and conditions of grazing homestead freeholding leases 25 Replacement of s. 147 (Payment for timber) . . . . . . . . . . . . . . . . . . . . . . . . . . 147 Payment for timber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Amendment of s. 147H (Minister's powers when instrument of title not held by him) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Replacement of s. 156 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156 Consideration of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

iii 28 Replacement of s. 157 (Powers of the Minister) . . . . . . . . . . . . . . . . . . . . . . . 157 Minister may grant or refuse application . . . . . . . . . . . . . . . . . . . . . . 29 Replacement of s. 163 (Duties of Commission with respect to expired lease) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163 Consideration by Minister of expired pastoral lease . . . . . . . . . . . . . 30 Amendment of s. 164 (When late lessee to receive offer of new lease) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Amendment of s. 171 (Notification of land for sale) . . . . . . . . . . . . . . . . . . . . 32 Replacement of s. 176 (Demise of land sold with freeholding covenant) 176 Issue of auction purchase freehold lease . . . . . . . . . . . . . . . . . . . . . . . 33 Replacement of s. 177 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177 Cancellation of sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Replacement of s. 178 (Payment of purchasing price) . . . . . . . . . . . . . . . . . . 178 Extension of term . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Replacement of s. 188 (Term of lease and rent of certain auction perpetual leases) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188 Auction perpetual lease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 Amendment of s. 190 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Replacement of s. 191 (Application) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191 Application to freehold . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Replacement of s. 192 (Court to determine unimproved value) . . . . . . . . . . . 192 Determination of value . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Omission of s. 193A (Tourist leases) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Replacement of s. 194 (Terms and conditions of lease for term of years) 194 Terms and conditions of lease for term of years . . . . . . . . . . . . . . . . . 41 Amendment of s. 195 (Payment of purchasing price) . . . . . . . . . . . . . . . . . . . 42 Replacement of s. 196 (Freeholding covenant) . . . . . . . . . . . . . . . . . . . . . . . . 196 Payment for timber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 Replacement of s. 204 (Terms and conditions of special lease) . . . . . . . . . . . 204 Terms of special lease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 204A Rental periods of special lease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 204B Rent of special lease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 204C Conditions of special lease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

iv 44 Amendment of s. 205 (Lease of land costly to develop or where special circumstances exist) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Replacement of s. 207 (Sale of special lease holding) . . . . . . . . . . . . . . . . . . 207 Application for conversion of special lease . . . . . . . . . . . . . . . . . . . . 207A Meaning of reasonably improved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 207B Dealing with application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 207C If surveyed—offer to be made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 207D Determination of value for an estate in fee simple . . . . . . . . . . . . . . 207E New offer for an estate in fee simple . . . . . . . . . . . . . . . . . . . . . . . . . 207F Acceptance—when effective . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 207G If survey required—conditional offer . . . . . . . . . . . . . . . . . . . . . . . . . . 207H Offer to lapse . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 207I Survey to be completed before amounts paid . . . . . . . . . . . . . . . . . . . 207J Rent to be paid up to effective day . . . . . . . . . . . . . . . . . . . . . . . . . . . 207K Offer of freehold . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 207L Conditions of special lease purchase freehold . . . . . . . . . . . . . . . . . . 207M Payment for timber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 207N Perpetual lease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 Replacement of s. 208 (Sales without competition in special cases) . . . . . . 208 Sales without competition in special cases . . . . . . . . . . . . . . . . . . . . 47 Omission of s. 209 (Sale or lease of Crown land to a religious body for erection of church buildings) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 Amendment of s. 210 (Leases for manufacturing or industrial, etc., purposes without competition) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 Amendment of s. 212 (Nature and conditions of leases under this Division) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 Replacement of s. 227 (Registers of leases, etc., to be kept) . . . . . . . . . . . . . 227 Registers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 Amendment of s. 228 (Dispensing with production of documents) . . . . . . . . . 52 Replacement of s. 229 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 229 Certificates of lease or licence, substitute instruments . . . . . . . . . . . 53 Replacement of s. 230 (Registration of dealings, etc.) . . . . . . . . . . . . . . . . . . 230 Registration of dealings, etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

v 54 Amendment of s. 245 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 Replacement of s. 247 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 247 Rent and instalments, where and when payable . . . . . . . . . . . . . . . . 56 Insertion of new s. 248A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 248A Hardship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 Amendment of s. 249 (Penalties for default in payment of rent) . . . . . . . . . . 58 Amendment of s. 250 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 Amendment of s. 270 (Amalgamation of contiguous holdings) . . . . . . . . . . . . 60 Amendment of s. 271 (Subdivision of holdings, etc.) . . . . . . . . . . . . . . . . . . . . 61 Replacement of s. 283 (Easements affecting both freehold and leasehold lands or reserves) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 283 Easements affecting freehold and leasehold lands, reserves . . . . . . . 62 Replacement of s. 285 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 285 Existing interests to be endorsed on deed . . . . . . . . . . . . . . . . . . . . . . 63 Replacement of s. 290 (Transmission of land in certain cases without probate or administration) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 290 Registering personal representative . . . . . . . . . . . . . . . . . . . . . . . . . . . 290A Registering beneficiary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 Replacement of s. 293 (Power of attorney) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 293 Power of attorney . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 Replacement of s. 306 (Resumption with compensation) . . . . . . . . . . . . . . . . 306 Resumption with compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 Amendment of s. 339 (By-laws) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 Amendment of s. 363 (Closure of road on application by registered proprietor or lessee of adjoining land) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 Amendment of s. 372 (Trespass to Crown land, etc., and removal of trespassers) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 Amendment of s.375 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 3—AMENDMENT OF THE MINERS' HOMESTEAD LEASES ACT 1913 70 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 Insertion of new s. 23AB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23AB Remission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

vi 72 Replacement of s. 27 (Transfer by sheriff when lease taken in execution and sold) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Registering a writ of execution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27A Effect of registering a writ of execution . . . . . . . . . . . . . . . . . . . . . . . 27B Discharging or satisfying writ of execution . . . . . . . . . . . . . . . . . . . . . 27C Transfer of land sold in execution . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 Replacement of s. 39 (Transmission) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Transmission by death . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 Insertion of new ss. 39B and 39C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39B Transmission on bankruptcy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39C Disclaimer in bankruptcy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 Insertion of new Part 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 4—BUSINESS, MARKET GARDEN AND RESIDENCE AREAS 43 Application of Act to areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 Conditions of areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 4—AMENDMENT OF THE MINING TITLES FREEHOLDING ACT 1980 76 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 Amendment of s. 4 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78. Amendment of s. 8 (Application) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79. Insertion of new s. 8C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8C. Unimproved value of land resumed or surrendered . . . . . . . . . . . . . . 80. Amendment of s. 9 (Application) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81. Replacement of s. 10 (Valuation of unimproved value) . . . . . . . . . . . . . . . . . 10. Applicant to be advised . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82. Amendment of s. 17 (Applicant electing for lease for term of years) . . . . . . . 83. Amendment of s. 18 (Terms and conditions of lease for term of years) . . . . . 84. Insertion of new s. 21A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21A. Remission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 5—AMENDMENT OF THE IRRIGATION AREAS (LAND SETTLEMENT) ACT 1962 85. Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86. Amendment of s. 22 (Agricultural farm tenure) . . . . . . . . . . . . . . . . . . . . . . . . 87. Amendment of s. 39 (Land may be sold by auction or withdrawn) . . . . . . . . .

vii 88. Insertion of new s. 50A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50A. Refeencesto Ministers, officers and other matters . . . . . . . . . . . . . . . PART 6—AMENDMENT OF THE FORESTRY ACT 1959 89. Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90. Amendment of s. 5 (Meaning of terms) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91. Amendment of s. 45 (Forest products, etc., which are the property of the Crown) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92. Insertion of new s. 45A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45A. Owner of quarry material . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93. Amendment of s. 47 (Sale of forest products on Crown holdings or mining leases) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94. Amendment of s. 53 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95. Amendment of s. 54 (Interfering with forest products on Crown lands, etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96. Insertion of new s. 54A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54A. Interfering with quarry material in deeds of grant . . . . . . . . . . . . . . . 97. Amendment of s. 55 (Licenses to get forest products, etc) . . . . . . . . . . . . . . . 98. Insertion of new Part 6A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 6A—QUARRY MATERIAL IN DEED OF GRANT 61B. Interpretatio . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61C Entitlement under permi . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61D. Withdrawal of consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61E. Provision of security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61F. Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61G. Prior notice of entry to be served . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61H. Appeal to Land Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61I. Appeal against Land Court's determination . . . . . . . . . . . . . . . . . . . . PART 7—AMENDMENT OF THE VALUATION OF LAND ACT 1944 99. Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100. Amendment of s. 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101. Replacement of s. 9 (Power of delegation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9. Delegation of powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102. Amendment of s. 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

viii 103. Amendment of s. 15 (Separate valuation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104. Amendment of s. 16B (Valuer-General to make annual valuation) . . . . . . . . 105. Amendment of s. 16G (Owner may object) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106. Amendment of s. 16H (Valuer-General to consider objection and notify objector) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107. Amendment of s. 25 (Purposes for which valuation to be used) . . . . . . . . . . . 108. Amendment of s. 47 (Regulations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 8—TRANSITIONAL AND SAVINGS 109. Rent and rental periods—Land Act 1962 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110. Rent notices—Land Act 1962 (s. 247) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111. Payment of survey fees—Land Act 1962 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112. Term, instalments and purchasing price—Land Act 1962 . . . . . . . . . . . . . . . . 113. Auction purchase freehold lease—Land Act 1962 . . . . . . . . . . . . . . . . . . . . . . 114. Applications under s. 191—Land Act 1962 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115. Rental period of special leases—Land Act 1962 . . . . . . . . . . . . . . . . . . . . . . . 116. Hardship special leases—Land Act 1962 (s. 204(8A)) . . . . . . . . . . . . . . . . . . 117. Sale to religious body—Land Act 1962 (s. 209) . . . . . . . . . . . . . . . . . . . . . . . . 118. Registers—Land Act 1962 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119. Reference to officers in Land Act 1962—other Acts . . . . . . . . . . . . . . . . . . . . 120. Penalty and forfeiture—State Housing Act 1945 and Land Act 1962 . . . . . . . SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Consequential Amendments—General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Consequential Amendments—Rural Lands Protection . . . . . . . . . . . . . . . . . . . . . . . . . . SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Consequential and minor amendments—Miners' Homesteads . . . . . . . . . . . . . . . . . . SCHEDULE 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Consequential and Minor Amendments—Mining Titles Freeholding . . . . . . . . . . . . . SCHEDULE 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Consequential and Minor Amendments—Forestry 1991 . . . . . . . . . . . . . . . . . . . . . . . . .

Queensland Lands Legislation Amendment Act 1991 Act No. 83 of 1991 An Act to amend certain Acts relating to the administration of land [Assented to 9 December 1991]

2 Lands Legislation Amendment PART 1—PRELIMINARY Short title 1. This Act may be cited as the Lands Legislation Amendment Act 1991 . Commencement 2. This Act commences on a day to be fixed by proclamation. PART 2—AMENDMENT OF THE LAND ACT 1962 Amended Act 3. The Land Act 1962 is amended as set out in this Part and in Schedules 1 and 2. Amendment of s. 5 (Interpretation of terms) 4.(1) Section 5— omit definitions “Commissioner” , “District Land Office” , “Land Agent” , “Land Inspector” , “Noxious plants” , “Prickly-pear” and “Registrar of Dealings” . (2) Section 5— insert — ‘ “authorised officer” means an officer of the department authorised in writing by a member of the Commission; “certificate of lease” means an instrument, executed by the Registrar of Titles in the prescribed form, evidencing the estate, interest or occupancy in any land held under this Act under a lease; “certificate of licence” means an instrument, executed by the Registrar of Titles in the prescribed form, evidencing the estate, interest or occupancy in any land held under this Act under a licence;

3 Lands Legislation Amendment “district land office” , in relation to a district or land in a district, means the department's main land office in the district; “grant of representation” means a grant of probate of the will or letters of administration of the estate of a deceased person, and includes the grant of an order to administer and the filing of an election to administer the estate of a deceased person; “instrument” , in relation to a lease or licence, means the document, in the prescribed form, evidencing the estate, interest or occupancy in the lease or licence, and includes a certificate of lease or certificate of licence; “lease” includes the instrument of lease and the land comprised in a lease, as the case may require; “licence” includes the instrument of licence and the land comprised in a licence, as the case may require; “noxious plants” means plants that are declared plants under the RuralLands Protection Act 1985 ; “permit” includes the instrument of permit and the land comprised in a permit, as the case may require; “prescribed state” means— (a) in relation to land on which the Crown has spent amounts in the construction of improvements or the performance of development work before it ceased to be Crown land, if the amounts have not been repaid to the Crown by a lessee and is not being repaid by the current lessee—the state of the land as improved and developed when it ceased to be Crown land; and (b) in relation to any other land—the unimproved state of the land; “public interest” includes, in sections 140, 141, 156, 163, 191 and 207 to 207N, the strategic, planning, social, cultural, recreational, environmental and heritage interests and land protection interests of the public; “valuation for rental purposes” has the meaning given by section 5 of the Valuation of Land Act 1944 . ’. (3) Section 5 (definition “public purposes” )— insert ‘environmental purposes’, ‘heritage purposes’, ‘historical

4 Lands Legislation Amendment purposes’, ‘natural resource management’. (4) Section 5 (add at the end)— insert — ‘(2) In this Act, a reference to a “lease” , “selection” or “application” is a reference to a lease, selection or application of the type dealt with in the Division or section in which it occurs. ’. Amendment of s. 6 (Grants and leases) 5. After section 6(2)— insert — ‘(2A) A grant in fee simple issued— (a) on or after the commencement of section 5 of the Lands Legislation Amendment Act 1991 ; and (b) in respect of land that contains quarry material that was owned by the Crown; is to contain a reservation to reserve to the Crown the quarry material (exclusive of topsoil). ‘(2B) To allay any doubt, subsection (2A) does not apply to a deed of grant issued under section 9 unless the land being surrendered is subject to a reservation mentioned in that subsection. ‘(2C) In this section— “quarry material” has the same meaning as in the Forestry Act 1959 ; “topsoil” has the same meaning as in the Forestry Act 1959 . ’. Amendment of s. 9 6. After section 9(1)— insert — ‘(1B) An instrument signed for the purposes of this section by a legal officer of the department as correct for the purposes of registration is correct for that purpose despite section 139 of the Real Property Act 1861. ’.

5 Lands Legislation Amendment Amendment of s. 14 (Obligation to perform conditions of leases and licences) 7.(1) Section 14(2)(a)— omit ‘ of a lease, ’ , insert ‘ of a lease, and amend the purpose for which a special lease was granted, ’. (2) Section 14(2)(b)— omit , insert — ‘(2A) Any deletion or amendment of a condition or purpose of a lease is to be published in the Gazette. ‘(2B) On publication, a condition or purpose as amended is binding on the lessee. ‘(2C) The Registrar of Titles is to cause particulars of the deletion or amendment to be recorded on the instrument of lease and in the appropriate register. ’. Amendment of s. 23 (Powers of Minister and Governor in Council) 8. Section 23(4)— omit , insert — ‘(4) The Minister may delegate all or any of the Minister’s powers under this Act to an officer of the department. ’. Amendment of s. 24 9.(1) Section 24(1)— omit , insert — ‘(1) A secretary to the Commission may be appointed under the PublicService Management and Employment Act 1988 . ’. (2) Section 24(2)(a)— omit , insert— ‘(2) An officer of the department is not eligible— (i) to bid or apply for any land offered for sale, or open for lease or

6 Lands Legislation Amendment selection under this Act; or (ii) except by devolution of law or testamentary instrument—to acquire any interest, either directly or indirectly, in any lease; unless the officer first obtains the written permission of the Minister. ’. (3) Section 24(3)— omit , insert — ‘(3) The Minister, the Chief Commissioner of Lands, any other member of the Commission or any officer of the department may— (a) do all necessary acts for preventing intrusion, encroachment or trespass on any Crown land or any reserve; and (b) with or without assistants, vehicles, machinery, plant and equipment (of any description) and horses and at all reasonable times, enter on any lease, licence or permit and make any inspection or examination of the lease, licence or permit; and (c) do all necessary acts for recovering any rent, instalment or other amount payable; and (d) in case of forfeiture, determination of licence, or cancellation of a sale—do all necessary acts for taking and recovering possession of any land. ’. (4) Section 24(5)— omit , insert — ‘(5) Despite any other Act— (a) the holder of a particular office in the department; or (b) any other person; authorised by the Minister, may hold an auction under this Act without being the holder of an auctioneer’s licence. ’. Insertion of new s. 25 10. After section 24— insert —

7 Lands Legislation Amendment ‘Delegation of powers ‘25. The Registrar of Titles may delegate all or any of the Registrar’s powers under this Act to any officer of the department. ’. Amendment of s. 31 (Salaries of members) 11. Section 31(2)— omit , insert — ‘(2) A member of the Court (other than the member designated as President of the Land Court) is entitled to be paid salary and a general allowance at the same rate as a District Court Judge. ’. Insertion of new s. 38A 12. After section 38— insert — ‘Withdrawal of reference to Court ‘38A. A party— (a) who has appealed to the Court; or (b) has requested the Minister to refer a matter to the Court; may withdraw the matter from the Court, by filing a written request. ’. Amendment of s. 53 (Term of lease) 13. After section 53(2)— insert — ‘(3) Subject to subsections (1) and (2), the term of a lease is— (a) the notified term; or (b) in respect of a pastoral lease issued otherwise than under this Part—as determined by the Minister. ’.

8 Lands Legislation Amendment Replacement of s. 60 (Payment balance survey fee) 14. Section 60— omit , insert — ‘Payment of balance of survey fee ‘60.(1) The lessee is to pay, in 4 equal annual instalments, that part of the survey fee remaining unpaid under section 59, together with interest on the part of the fee as is, from time to time unpaid, at the prescribed rate calculated on yearly rests. ‘(2) Each instalment is to be paid at the time the annual rent is payable. ‘(3) If, but for this section, the amount of each instalment would be less than the prescribed amount, the number of instalments is to be reduced so that each instalment is not less than the prescribed amount. ‘(4) If in respect of a lease that started after the commencement of section 14 of the Lands Legislation Amendment Act 1991 — (a) the prescribed rate of interest is changed; or (b) the prescribed amount is changed; the amount (and, if necessary, the number) of the instalments is to be adjusted accordingly. ‘(5) If the prescribed rate of interest is changed, the new rate applies from the day of its publication in the Gazette or, if a later day is prescribed, that day. ‘(6) Section 249 applies to a survey fee as if it were rent. ’. Replacement of s. 61 (Conditions generally) 15. Section 61— omit , insert — ‘Issue and start of pastoral leases ‘61.(1) If no payment is required to be made by a successful applicant for improvements on the land, a lease is to be issued.

9 Lands Legislation Amendment ‘(2) If payment by a successful applicant for improvements on the land is required to be made, a lease is not to issue until payment for the improvements has been made. ‘(3) When payment for improvements has been made, a lease is to be issued. ‘(4) Each lease is to start on the first quarter day after acceptance of the application or payment for the improvements, as the case may be. ‘Rental periods of pastoral leases ‘61A.(1) The term of each lease is to be divided into 1 or more of the following rental periods— (a) if the lease starts during an annual rental period—the rental period from the start of the lease until— (i) the end of that annual rental period; or (ii) if the lease ends before the end of that annual rental period—the end of the lease; and (b) 1 or more annual rental periods; and (c) if the lease ends during an annual rental period—the rental period from the start of that annual rental period until the end of the lease. ‘(2) The first annual rental period starts on 1 July 1993. ‘Rent for a pastoral lease ‘61B. (1) Subject to subsection (2), the annual rent for each rental period is the most recently made valuation for rental purposes multiplied by the prescribed rate. ‘(2) If, in the Minister’s opinion, a calculation of rent using the most recently made valuation for rental purposes would result in an undue increase in the rent— (a) on a category of lease; or (b) on a class of land use within a category of lease; the Minister may average the valuation over the number of years the

10 Lands Legislation Amendment Minister considers appropriate, and the rent is to be calculated using the average valuation. ‘(3) If the Valuer-General (or, on appeal, the Court) amends the relevant valuation for rental purposes, the rent payable is to be amended accordingly. ‘(4) The prescribed rate— (a) may be a single rate that applies to all leases; or (b) may be a series of rates that apply to different prescribed categories of leases. ‘(5) The prescribed rate applies from the prescribed day. ‘(6) The annual rent for the term of the lease or any rental period is not to be less than the prescribed amount. ‘(7) The prescribed amount applies from the next 1 July after it is gazetted. ‘(8) If a person appeals against a valuation made under the Valuation ofLand Act 1944, the annual rent calculated on the valuation is still payable on the due day. ‘(9) If the amount of the annual rent is amended under subsection (3), any excess rent paid is to be credited to the lessee, together with interest at the prescribed rate on the amount credited from the time of payment until the lessee is given written notice of the amended rent. ‘(10) The annual rent is to be calculated in whole dollars. ‘Purposes for which a pastoral lease may be used ‘61C. A lease, regardless of when it was or is granted, is to be used only for grazing or agricultural purposes unless the Minister has otherwise first approved in writing. ’. Amendment of s. 83 (Classes of selections) 16. Section 83(3)— omit , insert — ‘(3) Perpetual lease selections and agricultural farms are not to be granted under Part 6 or sections 269, 270 or 271. ’.

11 Lands Legislation Amendment Replacement of s. 104 (Balance of survey fee) 17. Section 104— omit , insert — ‘Payment of balance of survey fee ‘104.(1) The lessee is to pay, in 4 equal annual instalments, that part of the survey fee remaining unpaid under section 100(1), together with interest on the part of the fee as is, from time to time unpaid, at the prescribed rate calculated on yearly rests. ‘(2) Each instalment is to be paid at the time the annual rent is payable. ‘(3) If, but for this subsection, the amount of each instalment would be less than the prescribed amount, the number of instalments is to be reduced so that each instalment is not less than the prescribed amount. ‘(4) If in respect of a lease that started after the commencement of section 17 of the Lands Legislation Amendment Act 1991 — (a) the prescribed rate of interest is changed; or (b) the prescribed amount is changed; the amount (and, if necessary, the number) of the instalments is to be adjusted accordingly. ‘(5) If the prescribed rate of interest is changed, the new rate applies from the day of its publication in the Gazette or, if a later day is prescribed, that day. ‘(6) Section 249 applies to a survey fee as if it were rent. ’. Replacement of s. 123 (Tenure) 18. Section 123— omit , insert— ‘Agricultural farms ‘123.(1) The term of lease of an agricultural farm is not to be more than 30 years.

12 Lands Legislation Amendment ‘(2) If the purchasing price is not more than the prescribed amount, it is to be paid in 1 payment. ‘(3) If the purchasing price is more than the prescribed amount, it may be paid— (a) by a single payment; or (b) by— (i) a deposit; and (ii) equal annual instalments over the term of the lease. ‘(4) If— (a) the lease started after the commencement of section 18 of the Lands Legislation Amendment Act 1991 ; and (b) the purchasing price is paid under subsection (3)(b); each instalment is to include interest on the unpaid principal at the prescribed rate calculated on yearly rests. ‘(5) If, but for this subsection, the amount of each instalment would be less than the prescribed amount, the number of instalments is to be reduced so that each instalment is not less than the prescribed amount. ‘(6) If— (a) the lease is to be used for agricultural purposes; and (b) the Minister is of the opinion that it would assist in the establishment of the lease and contribute to its ongoing viability; the first annual instalment may be capitalised over the balance of the term of the lease. ‘(7) If in respect of a lease that started on or after the commencement of section 18 of the Lands Legislation Amendment Act 1991 — (a) the prescribed rate of interest is changed; or (b) the prescribed amount is changed; the amount (and, if necessary, the number) of the instalments is to be adjusted accordingly. ‘(8) If the prescribed rate of interest is changed, the new rate applies from the day of its publication in the Gazette or, if a later day is prescribed, that

13 Lands Legislation Amendment day. ‘(9) The lease is subject to the condition of occupation during the whole term. ‘(10) If the opening notification has imposed the condition of personal residence during the first 7 years of the term, the lease is subject to that condition and for the remainder of the term to the condition of occupation. ’. Replacement of s. 125 (When fee-simple of agricultural farm or grazing homestead freeholding lease may be acquired) 19. Section 125— omit , insert— ‘Freeholding of agricultural farms and grazing homestead freeholding leases ‘125.(1) On— (a) satisfying the Minister that all developmental and improvement conditions have been complied with; and (b) payment of the purchasing price or balance remaining to be paid; and (c) payment of any other amounts payable in respect of the selection (for example, survey fees or payment for commercial timber); and (d) the end of the period of any condition of personal residence; the lessee may apply to complete the purchase and is entitled to a deed of grant in fee simple over the land. ‘(2) In respect of— (a) a selection existing before 5 February 1990; or (b) an application under section 139 received before 5 February 1990; the amount payable to complete the purchase is to be calculated under Schedule 3 to the Land Regulations 1988 . ‘(3) In respect of a grazing homestead freeholding lease granted on an

14 Lands Legislation Amendment application— (a) under section 139; and (b) received on or after 5 February 1990; the amount payable to complete the purchase is to be calculated under the prescribed schedule. ‘(4) If the amount payable under subsection (2) or (3)— (a) is paid within 3 months of the day notice is given to the Minister, under section 142, of the lessee’s election to proceed—the amount is to be calculated over the full term of the lease; or (b) is not paid as mentioned in paragraph (a)—the amount is to be calculated from the day the next annual instalment of the purchasing price would have been payable. ’. Replacement of s. 127 (Perpetual lease selections) 20. Section 127— omit , insert— ‘Perpetual lease selections ‘127.(1) On the commencement of section 20 of the Lands Legislation Amendment Act 1991, each selection existing immediately before that commencement is— (a) a lease for a term of years equal to the rental period that existed immediately before that commencement; and (b) subject to a covenant entitling the lessee, on payment of the purchasing price and the amount mentioned in subsection (5)(b), to a deed of grant in fee simple of the lease. ‘(2) Subject to subsection (8), the purchasing price of a lease is the total rent commitment for the selection existing immediately before the commencement of section 20 of the LandsLegislationAmendmentAct1991 . ‘(3) The purchasing price is to be paid in equal annual instalments, free of interest, over the term of the lease.

15 Lands Legislation Amendment ‘(4) If, but for this subsection, the amount of each instalment would be less than the prescribed amount, the number of instalments is to be reduced so that each instalment is not less than the prescribed amount. ‘(5) On— (a) payment of the purchasing price or balance remaining to be paid; and (b) payment of any other amounts payable in respect of the lease (for example, deed and assurance fees); and (c) surrender of the selection; the lessee is entitled to a deed of grant in fee simple over the land. ‘(6) If the balance of the purchasing price is paid before the end of the lease, the balance is to be calculated under Schedule 3 to the Land Regulations 1988 . ‘(7) This section does not prejudice existing interests in the lease. ‘(8) All rent paid for the rental period existing at the commencement of section 20 of the Lands Legislation Amendment Act 1991 is to be credited to the purchasing price of the lease. ’. Replacement of s. 131 (Nature of tenure and conditions of lease) 21. Section 131— omit , insert— ‘Term and rent of grazing homestead perpetual lease ‘131.(1) A grazing homestead perpetual lease is a lease in perpetuity. ‘(2) The term of each lease is to be divided into the following rental periods— (a) if the lease starts during an annual rental period—the rental period from the start of the lease until the end of that annual rental period; and (b) annual rental periods.

16 Lands Legislation Amendment ‘(3) The first annual rental period starts on 1 July 1993. ‘(4) Subject to subsection (5), the annual rent for each rental period is the most recently made valuation for rental purposes multiplied by the prescribed rate. ‘(5) If, in the Minister’s opinion, a calculation of rent using the most recently made valuation for rental purposes would result in an undue increase in the rent— (a) on a category of lease; or (b) on a class of land use within a category of lease; the Minister may average the valuation over the number of years the Minister considers appropriate, and the rent is to be calculated using the average valuation. ‘(6) If the Valuer-General (or, on appeal, the Court) amends the relevant valuation for rental purposes, the rent payable is to be amended accordingly. ‘(7) The prescribed rate— (a) may be a single rate that applies to all leases; or (b) may be a series of rates that apply to different prescribed categories of leases. ‘(8) The prescribed rate applies from the prescribed day. ‘(9) The annual rent for a rental period is not to be less than the prescribed amount. ‘(10) The prescribed amount applies from the next 1 July after it is gazetted. ‘(11) If a person appeals against a valuation made under the Valuation ofLand Act 1944, the annual rent calculated on the valuation is still payable on the due day. ‘(12) If the amount of the annual rent is amended under subsection (6), any excess rent paid is to be credited to the lessee, together with interest at the prescribed rate on the amount credited from the time of payment until the lessee is given written notice of the amended rent. ‘(13) The annual rent is to be calculated in whole dollars.

17 Lands Legislation Amendment ‘Personal residence, occupation—grazing homestead perpetual lease ‘131A.(1) A lease issued under this Part is subject to the condition of personal residence during the first 7 years of the lease if the opening notification has imposed that condition. ‘(2) If— (a) the period of personal residence has ended; or (b) the lease was not subject to a condition of personal residence; or (c) the lease was issued under another Part; the lease is subject to the condition of occupation unless it does not, in the Minister’s opinion, constitute a living area. ‘(3) To allay any doubt, if a lease immediately before the commencement of the Land Act Amendment Act 1984 , was not subject to a condition of occupation, this section does not impose such a condition. ‘Agistment of grazing homestead perpetual lease ‘131B. A lessee must not allow stock to be agisted on the lease for a period, or periods aggregating, longer than 6 months in any 12 month period unless the written permission of the Minister is obtained first. ‘Purposes for which a grazing homestead perpetual lease may be used ‘131C. A lease, regardless of when it was granted, is to be used for grazing or agricultural purposes only unless the Minister has otherwise first approved in writing. ’. Replacement of s. 139 (Application for conversion) 22. Section 139— omit , insert— ‘Application for conversion ‘139. The lessee of a grazing homestead perpetual lease may make written application to the Minister to have the lease converted to a grazing

18 Lands Legislation Amendment homestead freeholding lease. ’. Amendment of s. 140 (Matter to be certified by the Commission) 23.(1) Section 140 (Heading)— omit , insert ‘Dealing with application for conversion’. (2) Section 140(1)— omit , insert — ‘(1) The Minister is to consider the following matters when dealing with an application under section 139— (a) whether any part is required to be set apart and declared as State Forest under the Forestry Act 1959 ; and (b) whether any part is better suited for long term forest management for the production of indigenous timbers of commercial value than for all other forms of primary production; and (c) whether the public interest could be adversely affected, other than in relation to a matter mentioned in paragraph (a) or (b), if the application were granted; and (d) whether any part is required for environmental or nature conservation purposes; and (e) whether any substantial part is at serious risk from land degradation; and (f) whether any substantial part suffers from serious land degradation; and (g) whether it is substantially more than 1 living area; and (h) whether the lessee has complied with, or to what extent the lessee has complied with, the conditions of the lease; and (i) whether any part has a foreseeable potential use higher than for grazing or agricultural use; and (j) whether any part is on an island or its location, topography, geology, accessibility, heritage importance, aesthetic appeal or like matters make it special; and (k) any other matter the Minister considers appropriate.

19 Lands Legislation Amendment ‘(2) The Minister is not to consider the matters in subsection (1)(d) to (k) if the application was received before 5 February 1990. ’. (3) Section 140(3) and (4)— omit , insert — ‘(3) After considering the application, the Minister may— (a) refuse the application; or (b) grant the application; or (c) by written notice given to the applicant, require the applicant to amend the application so that it relates only to part of the lease. ‘(4) If an application is amended under subsection (3)(c), the amended application becomes the application made under section 139 and is taken to be received by the Minister on the day the Minister received the original application. ‘(4A) If an applicant does not comply with a notice given under subsection (3)(c) within 3 months from the day on which the applicant received the notice, the application lapses. ’. (4) After section 140(5)— insert— ‘(5A) The Minister may grant the application subject to the lessee entering into— (a) an agreement with the Minister administering the ForestryAct1959 with regard to any commercial species of timber on the lease; or (b) a fauna refuge agreement over the land or part of the land with the Minister administering the Fauna Conservation Act 1974 ; or (c) an agreement of both types. ‘(5B) If a lessee does not sign an agreement under subsection (5A) that the Minister considers reasonable, the Minister must refuse the application. ’. (5) Section 140(6) (first sentence)— omit , insert —

20 Lands Legislation Amendment ‘(6) If an application is granted under subsection (3), the Minister is to determine— (a) the unimproved value of the lease (exclusive of the market value of any commercial timber on the land) at the day the Minister received the application; and (b) if applicable—the market value (including the value of trees with commercial potential), at the day of the Minister’s determination, of the commercial timber on the lease that is the property of the Crown. ’. (6) Section 140(7)— omit , insert — ‘(7) The Minister is to give the lessee written notice of any determination made. ‘(7A) The notice is to specify a day, not less than 42 days nor more than 60 days from the day the lessee is notified, by which the lessee is to give the Minister written notice that— (a) the lessee accepts the Minister’s determination; or (b) the lessee requests that the unimproved value of the lease and, if applicable, the market value of any commercial timber, be determined by the Court. ‘(7B) If a request to refer the matter to the Court is received by the specified day, it is to be referred. ‘(7C) If the Minister refers the matter to the Court, the Court (or, on appeal, the Land Appeal Court) is to determine— (a) the unimproved value of the lease at the day the Minister received the application; and (b) if applicable—the market value of the commercial timber at the day the Court (or, on appeal, the Land Appeal Court) makes its determination of the market value. ‘(7D) If the lessee does not give the Minister notice under subsection (7A), the application lapses. ’.

21 Lands Legislation Amendment Replacement of s. 144A (Terms and conditions of grazing homestead freeholding lease) 24. Section 144A— omit , insert — ‘Terms and conditions of grazing homestead freeholding leases ‘144A.(1) The term of a grazing homestead freeholding lease is not to be longer than 30 years. ‘(2) The term of a lease is to start on the next quarter day after the Minister, the Court (or, on appeal, the Land Appeal Court) determined— (a) the unimproved value of the lease; or (b) if applicable—the market value of the commercial timber; whichever is the later day. ‘(3) The purchasing price of the lease is the unimproved value determined under section 140. ‘(4) If the purchasing price is not more than the prescribed amount, it is to be paid in 1 payment. ‘(5) If the purchasing price is more than the prescribed amount, it may be paid— (a) by a single payment; or (b) by— (i) a deposit; and (ii) equal annual instalments over the term of the lease. ‘(6) If— (a) an application under section 139 is received on or after 5 February 1990; and (b) the purchasing price is paid under subsection (5)(b); each instalment is to include interest on the unpaid principal at the prescribed rate calculated on yearly rests. ‘(7) If, but for this subsection, the amount of each instalment would be

22 Lands Legislation Amendment less than the prescribed amount, the number of instalments is to be reduced so that each instalment is not less than the prescribed amount. ‘(8) If in respect of a lease granted on an application under section 139 and received on or after 5 February 1990— (a) the prescribed rate of interest is changed; or (b) the prescribed amount is changed; the amount (and, if necessary, the number) of the instalments is to be adjusted accordingly. ‘(9) If the prescribed rate of interest is changed, the new rate applies from the day of its publication in the Gazette or, if a later day is prescribed, that day. ‘(10) The new lease is subject to the fencing, developmental and improvement conditions (if any) to which the surrendered lease was subject. ‘(11) If a surrendered lease was subject to a condition of personal residence, then, despite anything in this Act, that condition continues to apply with respect to the new lease for the unexpired period of personal residence remaining at the quarter day when the term of the new lease starts. ‘(12) Subject to this Division, all other terms and conditions to which the surrendered lease was subject immediately before the day of its conversion continue in force, and the new lease is subject to all those terms and conditions. ‘(13) The conditions mentioned in subsection (12) do not include a condition as to a reservation for, or for a purpose connected with, works within the meaning of the Water Resources Act 1989 . ‘(14) Rent paid under the surrendered lease is not to be credited to the new lease unless it is paid in respect of a time after the start of the term of the new lease. ’. Replacement of s. 147 (Payment for timber) 25. Section 147— omit , insert—

23 Lands Legislation Amendment ‘Payment for timber ‘147.(1) Subject to any relevant agreement under section 140(5A)(a), on the conversion of a lease or a part of a lease, timber on the lease or the part— (a) that is not a forest product to which a reservation under section 147B applies; and (b) that is the property of the Crown; becomes the property of the lessee. ‘(2) If a lessee does not pay cash for the commercial timber, the lessee is to pay, in not more than 10 equal annual instalments, the market value, determined under section 140, of the commercial timber. ‘(3) If instalments under subsection (2) are payable in respect of a lease granted on an application under section 139 and received on or after 5 February 1990, interest at the prescribed rate calculated on yearly rests is to be included in each instalment. ‘(4) Each instalment is to be paid at the time the annual instalment of the purchasing price is payable. ‘(5) If, but for this subsection, the amount of each instalment would be less than the prescribed amount, the number of instalments is to be reduced so that each instalment is not less than the prescribed amount. ‘(6) If in respect of a lease granted on an application under section 139 and received on or after 5 February 1990— (a) the prescribed rate of interest is changed; or (b) the prescribed amount is changed; the amount (and, if necessary, the number) of the instalments is to be adjusted accordingly. ‘(7) If the prescribed rate of interest is changed, the new rate applies from the day of its publication in the Gazette or, if a later day is prescribed, that day. ‘(8) Section 249 applies to the annual instalments as if they were instalments of purchasing price. ‘(9) The lessee may, at any time, pay the total amount then unpaid for the commercial timber.

24 Lands Legislation Amendment ‘(10) Subject to subsection (12), if a lease is transferred or surrendered, the Registrar of Titles is not to record the transfer or surrender until the total amount then unpaid for the commercial timber is paid. ‘(11) If the lessee accepts, under section 147D, the discharge of a Forest Entitlement Area on which there is commercial timber, the lessee is to pay in 1 payment the consideration fixed by the Minister under section 147D(2)(b) for the commercial timber. ‘(12) If a lease is surrendered, the Minister is to set off against the total amount then unpaid for the commercial timber such amount as, in the Minister’s opinion, is the value of the commercial timber growing on the land at the day of surrender. ‘(13) Subsection (12) does not operate so as to require a payment to be made by the Minister to the person who surrendered the lease. ’. Amendment of s. 147H (Minister’s powers when instrument of title not held by him) 26. Section 147H(3)— omit , insert— ‘(3) If an instrument of title, to be corrected under section 147G, is not produced to or as directed by the Minister, the Minister may request the Registrar of Titles to correct the copy of the instrument held by the department. ‘(4) The Registrar of Titles is to make the correction without requiring any other copy of the instrument to be produced or accounted for. ’. Replacement of s. 156 27. Section 156— omit , insert — ‘Consideration of application ‘156. The Minister is to consider the following matters when dealing with an application under section 155—

25 Lands Legislation Amendment (a) the interest of the lessee; and (b) how best the land may be brought to its maximum sustainable production; and (c) whether any part is required to be set apart and declared as State Forest under the Forestry Act 1959 ; and (d) whether any part is better suited for long term forest management for the production of indigenous timbers of commercial value than for all other forms of primary production; and (e) whether the public interest could be adversely affected, other than in relation to a matter mentioned in paragraph (c) or (d), if the application were granted; and (f) whether any part is required for environmental or nature conservation purposes; and (g) whether any substantial part is at serious risk from land degradation; and (h) whether any substantial part suffers from serious land degradation; and (i) whether it is substantially more than 1 living area; and (j) whether the lessee has complied with, or to what extent the lessee has complied with, the conditions of the lease; and (k) whether any part has a foreseeable potential use higher than for grazing or agricultural use; and (l) whether any part is on an island or its location, topography, geology, accessibility, heritage importance, aesthetic appeal or like matters make it special; and (m) any other matter the Minister considers appropriate. ’. Replacement of s. 157 (Powers of the Minister) 28. Section 157— omit, insert—

26 Lands Legislation Amendment ‘Minister may grant or refuse application ‘157.(1) After considering an application made under section 155, the Minister may— (a) grant the application; or (b) refuse the application. ‘(2) The Minister may grant an application— (a) in relation to the whole of the area of the lease or part of the area; and (b) subject to such conditions as the Minister considers appropriate. ‘(3) The Minister may offer a new lease as— (a) a pastoral holding, a preferential pastoral holding or a pastoral development holding; or (b) a grazing homestead perpetual lease; or (c) a special lease under section 203. ‘(4) The Minister is not to offer a new lease as a preferential pastoral lease or grazing homestead perpetual lease unless the lessee is qualified to hold those tenures. ‘(5) If a new lease starts after 1 July 1993 and during an annual rental period, the annual rent for the new lease during the remainder of that annual rental period is to be— (a) if the land comprised in the new lease is the same land as was comprised in the existing lease—the same amount as the annual rent that had been determined for the existing lease for that annual rental period; or (b) if the land comprised in the new lease is different in area from the land that was comprised in the existing lease—calculated as prescribed under section 61B for pastoral leases and section 131 for grazing homestead perpetual leases. ‘(6) If a lease starts at the start of an annual rental period, the annual rent is to be calculated under section 61B for pastoral leases and section 131 for grazing homestead perpetual leases. ‘(7) The Minister may include, in the area of land offered as a new lease,

27 Lands Legislation Amendment any Crown land in addition to land contained in the existing lease. ‘(8) In determining the area of land in respect of which a new lease may be offered under grazing homestead perpetual lease, the Minister is not to determine an area that is substantially more than a living area. ‘(9) The Minister is to give the applicant written notice of the decision with respect to the application. ’. Replacement of s. 163 (Duties of Commission with respect to expired lease) 29. Section 163— omit , insert— ‘Consideration by Minister of expired pastoral lease ‘163. The Minister is to consider the following matters when considering whether to offer a late lessee of an expired lease a new lease— (a) the interest of the late lessee; and (b) how best the land may be brought to its maximum sustainable production; and (c) whether any part is required to be set apart and declared as State Forest under the Forestry Act 1959 ; and (d) whether any part is better suited for long term forest management for the production of indigenous timbers of commercial value than for all other forms of primary production; and (e) whether the public interest could be adversely affected, other than in relation to a matter mentioned in paragraph (c) or (d), if a lease were granted; and (f) whether any part is required for environmental or nature conservation purposes; and (g) whether any substantial part is at serious risk from land degradation; and (h) whether any substantial part suffers from serious land degradation; and

28 Lands Legislation Amendment (i) whether it is substantially more than 1 living area; and (j) whether the lessee has complied with, or to what extent the lessee has complied with, the conditions of the lease; and (k) whether any part has a foreseeable potential use higher than for grazing or agricultural use; and (l) whether any part of the land is on an island or its location, topography, geology, accessibility, heritage importance, aesthetic appeal or like matters make it special; and (m) any other matter the Minister considers appropriate. ’. Amendment of s. 164 (When late lessee to receive offer of new lease) 30. Section 164(3) and (3A)— omit , insert— ‘(3) An offer to a late lessee is to be in writing and is to set out the area, tenure, term, annual rent, and, if appropriate, the developmental, improvement or occupation conditions, determined by the Minister, to which the new lease is to be subject. ‘(3A) In determining the area of land in respect of which a new lease may be offered as a grazing homestead perpetual lease, the Minister is not to determine an area that is substantially more than a living area. ‘(3B) If a new lease starts after 1 July 1993 and during an annual rental period, the annual rent for the new lease during the remainder of that annual rental period is to be— (a) if the land comprised in the new lease is the same land as was comprised in the existing lease—the same amount as the annual rent that had been determined for the existing lease for that annual rental period; or (b) if the land comprised in the new lease is different in area from the land that was comprised in the existing lease—calculated under section 61B for pastoral leases and section 131 for grazing homestead perpetual leases. ‘(3C) If a lease starts at the start of an annual rental period, the annual rent is to be calculated under section 61B for pastoral leases and section 131

29 Lands Legislation Amendment for grazing homestead perpetual leases. ’. Amendment of s. 171 (Notification of land for sale) 31. Section 171(1)— omit , insert— ‘(1) The sale notification is to specify— (a) the place and time of sale (not less than 28 days from the day of the notification); and (b) the numbers of the lots and the area and upset price of each lot; and (c) whether the sale requires the full amount of the purchasing price to be paid within a specified number of days or the sale is on terms; and (d) the way and time by which the purchasing price is to be paid. ’. Replacement of s. 176 (Demise of land sold with freeholding covenant) 32. Section 176— omit, insert— ‘Issue of auction purchase freehold lease ‘176.(1) If a purchasing price is being paid over a term of years or there are developmental and improvement conditions to be complied with, an instrument of lease is to issue for the purchase. ‘(2) The term of a lease is not to be longer than 30 years. ‘(3) The term is to start on the day after the day of the sale. ‘(4) If the purchasing price is being paid over a term of years, it is to be paid— (a) by a deposit at the time of sale; and (b) the balance in equal annual instalments over the notified term of the lease.

30 Lands Legislation Amendment ‘(5) If the purchasing price is paid under subsection (4), each instalment is to include interest on the unpaid principal at the prescribed rate calculated on yearly rests. ‘(6) If— (a) the lease is to be used for agricultural purposes; and (b) the Minister is of the opinion that it would assist in the establishment of the lease and contribute to its ongoing viability; the first annual instalment may be capitalised over the balance of the term of the lease. ‘(7) If, but for this subsection, the amount of an annual instalment would be less than the prescribed amount, the number of instalments is to be reduced so that each instalment is not less than the prescribed amount. ‘(8) A different amount may be prescribed for land for residential purposes. ‘(9) If in respect of a lease that started on or after the commencement of section 32 of the Lands Legislation Amendment Act 1991 — (a) the prescribed rate of interest is changed; or (b) the prescribed amount is changed; the amount (and, if necessary, the number) of the instalments is to be adjusted accordingly. ‘(10) If the prescribed rate of interest is changed, the new rate applies from the day of its publication in the Gazette or, if a later day is prescribed, that day. ‘(11) On— (a) satisfying the Minister that all developmental and improvement conditions have been complied with; and (b) payment of the purchasing price or balance remaining to be paid; and (c) payment of any other amounts payable in respect of the purchase (for example deed and assurance fees); the lessee may apply to complete the purchase and is entitled to a deed of grant in fee simple over the land. ’.

31 Lands Legislation Amendment Replacement of s. 177 33. Section 177— omit , insert— ‘Cancellation of sale ‘177.(1) If a purchaser of land, subject to a sale notification under section 171, does not comply with any condition with respect to the developmental works or improvements to be made on the land imposed by, or with any other requirement of, the sale notification, the Minister may cancel the sale. ‘(2) On the cancellation of the sale, all amounts previously paid in respect of the purchase are forfeited and the lessee has no further interest in the land. ‘(3) Every cancellation of sale is to be notified in the Gazette and takes effect from the day of gazettal. ‘(4) If a purchaser under section 171 fails to pay the balance of the purchasing price within the time specified in the sale notification— (a) the sale lapses; and (b) the deposit is forfeited; and (c) the purchaser has no further interest in the land. ‘(5) Each lapse of a sale is to be notified in the Gazette and takes effect from the day of gazettal. ’. Replacement of s. 178 (Payment of purchasing price) 34. Section 178— omit , insert— ‘Extension of term ‘178.(1) If the lessee of a lease in force immediately before the commencement of section 34 of the Lands Legislation Amendment Act 1991 applies to the Minister for the term of the lease to be extended, the

32 Lands Legislation Amendment Minister may extend the term if deferral of instalments is granted under section 248A. ‘(2) If the term of the lease is extended, an annual instalment is not to be less than the amount prescribed under section 176(7) or (8). ‘(3) If the term of a lease in force immediately before the commencement of section 34 of the LandsLegislationAmendmentAct1991 is extended and a fixed rate of interest applied to the purchase, the rate of interest that applies to the purchase from the day the extension is granted is the rate prescribed under section 176(5). ’. Replacement of s. 188 (Term of lease and rent of certain auction perpetual leases) 35. Section 188— omit , insert— ‘Auction perpetual lease ‘188.(1) On the commencement of section 35 of the Lands Legislation Amendment Act 1991 , each lease in force immediately before that commencement is— (a) a lease for a term of years equal to the rental period that existed immediately before that commencement; and (b) subject to a covenant entitling the lessee, on payment of the purchasing price and the amounts mentioned in subsection (6), to a deed of grant in fee simple of the lease. ‘(2) Subject to subsection (9), the purchasing price of a lease is the total rent commitment for the lease existing immediately before the commencement of section 35 of the LandsLegislationAmendmentAct1991 . ‘(3) The purchasing price is to be paid in equal annual instalments, free of interest, over the term of the lease. ‘(4) If, but for this subsection, the amount of each instalment would be less than the prescribed amount, the number of instalments is to be reduced so that each instalment is not less than the prescribed amount.

33 Lands Legislation Amendment ‘(5) A different amount may be prescribed for land for residential purposes. ‘(6) On— (a) payment of the purchasing price or balance remaining to be paid; and (b) payment of any other amounts payable in respect of the lease (for example, deed and assurance fees); and (c) surrender of the lease; the lessee is entitled to a deed of grant in fee simple over the land. ‘(7) If the balance of the purchasing price is paid before the expiry of the lease, the balance is to be calculated under Schedule 3 to the Land Regulations 1988 . ‘(8) This section does not prejudice existing interests in the lease. ‘(9) All rent paid for the rental period existing at the commencement of section 35 of the Lands Legislation Amendment Act 1991 is to be credited to the purchasing price of the lease. ‘(10) Every remission of annual rent of a perpetual town lease or perpetual suburban lease, that— (a) is an auction perpetual lease under this section; and (b) was in force at the enactment of the Land Act and Another ActAmendment Act 1981 ; continues in force as a deferral of part of the instalments payable until cancelled or altered. ‘(11) A reduction of the instalment payable under subsection (10) does not reduce the purchasing price. ‘(12) If the reduction of instalment is cancelled, the remaining instalments are to be adjusted so that the balance of the purchasing price is paid in the term remaining. ‘(13) An application for subdivision under section 271 is not to be granted if it is received on or after the commencement of section 35 of the Lands Legislation Amendment Act 1991. ’.

34 Lands Legislation Amendment Amendment of s. 190 36. Section 190(2)(d)— omit, insert— ‘(7) If a remission has been granted, the reduced rent is payable from the next due day for payment. ‘(8) The Commission is to review the amount of the remission on the start of a new annual rental period. ‘(9) If the Commission considers it appropriate, it may renew the remission for the next annual rental period. ‘(10) At least once every 5 years the Commission is to investigate whether the remission should be cancelled or altered. ’. Replacement of s. 191 (Application) 37. Section 191— omit , insert — ‘Application to freehold ‘191.(1) A lessee may make written application to the Minister for a lease to be a lease for a term of years and subject to a covenant entitling the lessee to a deed of grant in fee simple. ‘(2) This section does not apply to a lease to which section 188 applies and a lease granted under section 22B of the State Housing Act 1945. ‘(3) After considering the application, the Minister may refuse or may grant the application. ‘(4) The Minister is to consider the following matters when dealing with an application to which section 194(5) applies— (a) whether the public interest could be adversely affected in any respect if the application were granted; and (b) whether any part is required for environmental or nature conservation purposes; and (c) whether any substantial part is at serious risk from land

35 Lands Legislation Amendment degradation; and (d) whether any substantial part suffers from serious land degradation; and (e) whether the lessee has complied with, or to what extent the lessee has complied with, the conditions of the lease; and (f) whether any part has a foreseeable potential use higher than permitted under the lease; and (g) whether any part is on an island or its location, topography, geology, accessibility, heritage importance, aesthetic appeal or like matters make it special; and (h) any other matter the Minister considers appropriate. ‘(5) The Minister may grant the application subject to the lessee entering into— (a) an agreement with the Minister administering the ForestryAct1959 with regard to any commercial species of timber on the lease; or (b) a fauna refuge agreement over the land or part of the land with the Minister administering the Fauna Conservation Act 1974 ; or (c) an agreement of both types. ‘(6) If a lessee does not sign an agreement under subsection (5) that the Minister considers reasonable, the Minister is to refuse the application. ’. Replacement of s. 192 (Court to determine unimproved value) 38. Section 192— omit , insert — ‘Determination of value ‘192.(1) If an application is granted, the Minister is to determine— (a) the unimproved value of the lease (exclusive of the market value of any commercial timber on the land) at the day the Minister received the application; and (b) if applicable—the market value (including the value of trees with commercial potential), at the day of the Minister’s determination,

36 Lands Legislation Amendment of the commercial timber on the lease that is the property of the Crown. ‘(2) The Minister is to give the lessee written notice of any determination made. ‘(3) The notice is to specify a day, not less than 42 days nor more than 60 days from the day the lessee is notified, by which the lessee is to give the Minister written notice that— (a) the lessee accepts the Minister’s determination; or (b) the lessee requests that the unimproved value of the lease, and, if applicable, the market value of any commercial timber, be determined by the Court. ‘(4) If a request to refer the matter to the Court is received by the specified day, it is to be referred. ‘(5) If the Minister refers the matter to the Court, the Court (or, on appeal, the Land Appeal Court) is to determine— (a) the unimproved value of the lease at the day the Minister received the application; and (b) if applicable—the market value of the commercial timber at the day the Court (or, on appeal, the Land Appeal Court) makes its determination of the market value. ‘(6) If the lessee does not give the Minister notice under subsection (3), the application lapses. ‘(7) In this section— (a) the unimproved value of a lease is the amount that in the Minister’s opinion or, if the Minister has referred the matter to the Court, the Court’s opinion, experienced persons would be willing to pay for an estate in fee simple in the land if it were offered for sale on the reasonable terms and conditions a bona fide seller would require; and (b) the unimproved value is to be determined— (i) exclusive of the market value of commercial timber and trees with commercial potential; and (ii) assuming the land was in the prescribed state. ’.

37 Lands Legislation Amendment Omission of s. 193A (Tourist leases) 39. Section 193A— omit . Replacement of s. 194 (Terms and conditions of lease for term of years) 40. Section 194— omit , insert — ‘Terms and conditions of lease for term of years ‘194. (1) The term of a lease is not to be longer than 30 years. ‘(2) The term of a lease is to start on the next quarter day after the Minister, the Court (or, on appeal, the Land Appeal Court) determined— (a) the unimproved value of the lease; or (b) if applicable—the market value of the commercial timber; whichever is the later day. ‘(3) The purchasing price of the lease is the unimproved value determined under section 192. ‘(4) If the purchasing price is not more than the prescribed amount, it is to be paid in 1 payment. ‘(5) If the purchasing price is more than the amount prescribed, it may be paid— (a) by a single payment; or (b) by— (i) a deposit; and (ii) equal annual instalments over the term of the lease. ‘(6) If— (a) an application is received on or after 5 February 1990; or (b) an application received on or after 3 October 1991 is in respect of a lease issued or a lease converted from a special lease issued—

38 Lands Legislation Amendment (i) under this Act and under an arrangement under section 24 of the Industrial Development Act 1963 ; or (ii) before the commencement of the Industrial DevelopmentAct1963— under a recommendation of the Minister administering industrial development; and (c) the purchasing price is paid under subsection (5)(b); each instalment is to include interest on the unpaid principal at the prescribed rate calculated on yearly rests. ‘(7) If, but for this subsection, the amount of each instalment would be less than the prescribed amount, the number of instalments is to be reduced so that each instalment is not less than the prescribed amount. ‘(8) A different amount may be prescribed for land for residential purposes. ‘(9) If in respect of a lease endorsed as a result of an application mentioned in subsection (6)— (a) the prescribed rate of interest is changed; or (b) the prescribed amount is changed; the amount (and, if necessary, the number) of the instalments is to be adjusted accordingly. ‘(10) If the prescribed rate of interest is changed, the new rate applies from the day of its publication in the Gazette or, if a later day is prescribed, that day. ‘(11) Rent paid under the lease before it became a lease for a term of years is not to be credited to the purchasing price unless it is paid in respect of a time after it became such a lease. ‘(12) If a lease was subject to development and improvement conditions before its conversion to a lease for a term of years, the lease for a term of years is subject to the same development and improvement conditions. ‘(13) On— (a) satisfying the Minister that all developmental and improvement conditions have been complied with; and (b) payment of the purchasing price or balance remaining to be paid; and

39 Lands Legislation Amendment (c) payment of any other amounts payable in respect of the lease (for example, commercial timber or assurance and deed fees); the lessee may apply to complete the purchase and is entitled to a deed of grant in fee simple over the land. ‘(14) If— (a) an application under section 191 of the Land Act 1962 was received before 5 February 1990; or (b) an application received before 3 October 1991 was in respect of a lease issued or a lease converted from a special lease issued— (i) under the Land Act 1962 and under an arrangement under section 24 of the Industrial Development Act 1963 ; or (ii) before the commencement of the Industrial DevelopmentAct1963 —under a recommendation of the Minister administering industrial development; the amount payable to complete the purchase is to be calculated under Schedule 3 to the Land Regulations 1988 . ’. Amendment of s. 195 (Payment of purchasing price) 41. Section 195(1)— omit , insert — ‘(1) If the lessee elects to proceed with the application, the lessee must forward the notice of election together with the amount of the notified deposit. ‘(1A) The lessee may set off against the amount of the deposit all amounts paid by way of rent that, under section 194(12), are to be credited to the purchasing price. ’. Replacement of s. 196 (Freeholding covenant) 42. Section 196— omit , insert —

99 Lands Legislation Amendment and 17 of this Act. Term, instalments and purchasing price—Land Act 1962 112.(1) This section applies only to leases to which sections 123, 127, 144A, 176, 188, 194 and 207 of the Land Act 1962 (as they existed before the commencement of sections 18, 20, 24, 32, 35, 40 and 45 of this Act) applied. (2) The term of a lease may continue to be more than 30 years, unless the amount of an instalment would be less than the prescribed amount. (3) Subject to subsection (4), if, but for this subsection, the amount of an instalment would be less than the prescribed amount— (a) the amount of the instalment is to be increased to an amount not less than the prescribed amount from the next due day for payment after the commencement of this section; and (b) if necessary—the term adjusted accordingly. (4) Subject to subsection (6), if in respect of a lease declared to be used for residential purposes, the amount of the increase and the time when such increase is payable is to be as prescribed. (5) Subject to subsection (6), if in respect of a lease not used for residential purposes, the amount of the increase and the time when such increase is payable is to be as prescribed. (6) If in any year the prescribed amount is increased, any increase payable under subsection (4) or (5) is to be recalculated. (7) Each lease— (a) under section 176 (subject to section 178); and (b) under section 207; of the Land Act 1962 to which a fixed rate of interest on the payment of instalments applies, continues to be subject to the fixed rate. (8) If a lessee elects to complete the purchase, the amount to be paid to complete the purchase is to be calculated under Schedule 3 of the Land Regulations 1988 as if the term had not been adjusted under subsection (3).

100 Lands Legislation Amendment Auction purchase freehold lease—Land Act 1962 113. (1) If an instrument of lease has not been issued to a purchaser under section 176 of the Land Act 1962 (as in force immediately before the commencement of section 32 of this Act), the purchaser is taken to be a lessee of a lease that would issue under section 176 of the Land Act 1962 (as in force immediately after the commencement of section 32 of this Act). (2) If a deed of grant over the land comprised in an auction purchase freehold lease under the Land Act 1962 (as in force immediately before the commencement of this section) has not issued because a developmental or improvement condition has not been complied with, then, despite section 179 of the Land Act 1962 , the deed is to be issued if all other requirements of section 179 have been complied with. (3) Subsection (2) does not apply to a lease issued under— (a) both the Land Act 1962 and the Irrigation Areas (Land Settlement) Act 1962 ; or (b) both the Land Act 1962 and the Brigalow and Other Lands Development Act 1962 ; or (c) a condition requiring a purchaser to complete improvement or developmental works or establish a business or industry on the land within a specified time and that time has not ended at the commencement of this section. Applications under s. 191—Land Act 1962 114. (1) If— (a) an application under section 191 of the Land Act 1962 was received before 5 February 1990; or (b) an application received before 3 October 1991 was in respect of a lease issued or a lease converted from a special lease issued— (i) under the Land Act 1962 and under an arrangement under section 24 of the Industrial Development Act 1963 ; or (ii) before the commencement of the Industrial DevelopmentAct1963 —under a recommendation of the Minister administering industrial development;

101 Lands Legislation Amendment the application is to be dealt with under Division 3 of Part 7 of the Land Act 1962 (as in force immediately before the commencement of the Land ActAmendment Act 1990 ). (2) To allay any doubt, the lease mentioned in section 191 of the Land Act 1962 (as in force immediately before the commencement of section 37 of this Act) include a lease mentioned in subsection (1)(b). Rental period of special leases—Land Act 1962 115. (1) If a special lease that started before 1 July 1993 is in its first rental period, that period if it would end after 30 June 1993—is to continue to 30 June following its end, despite section 43 of this Act. (2) After the end of the first rental period after 30 June 1993, the rent is to be calculated under section 204B of the Land Act 1962 (as in force at the commencement of section 43 of this Act). (3) If a special lease that started before 1 July 1993 is in its second or a subsequent rental period, the rental period existing at the commencement of section 43 of this Act ends on 30 June 1993. (4) If a special lease that started before section 43 of this Act has a rental period for the whole of its term, it retains that rental period. Hardship special leases—Land Act 1962 (s. 204 (8A)) 116. A concession granted under section 204(8A) of the Land Act 1962 (as in force immediately before the commencement of section 43 of this Act) is to continue to apply until the expiry of the rental period in which it was granted. Sale to religious body—Land Act 1962 (s. 209) 117. A lease issued under section 209 of the Land Act 1962 is, from 1 July 1993, subject to section 212 of the Land Act 1962 (as amended by this Act).

102 Lands Legislation Amendment Registers—Land Act 1962 118. A register maintained under the Land Act 1962 immediately before the commencement of this section forms part of the appropriate register to be maintained under that Act as amended by this Act. Reference to officers in Land Act 1962—other Acts 119. A reference in any Act— (a) to a Land Commissioner, Assistant Land Commissioner, Deputy Land Commissioner, Land Agent or Land Inspector is to be taken to be a reference to an officer of the Department of Lands; and (b) to the Registrar of Dealings is to be taken to be a reference to the Registrar of Titles. Penalty and forfeiture—State Housing Act 1945 and Land Act 1962 120. (1) Section 249 of the Land Act 1962 (as in force immediately before the commencement of section 57 of this Act) is to continue to apply to sections 22B, 24 and 24A of the State Housing Act 1945 . (2) The rate of penalty under section 249 of the Land Act 1962 (as in force immediately before the commencement of section 57 of this Act) is to continue to apply to leases and licences under the Land Act 1962 until another rate is prescribed.

103 Lands Legislation Amendment SCHEDULE 1 section 3 CONSEQUENTIAL AMENDMENTS—GENERAL Section 3— omit . Section 4 (1)— omit ‘ the Schedule ’ , insert ‘ Schedule 1 ’. Section 8 (1)— omit ‘ in the office in Brisbane of ’ , insert ‘to ’. Section 8 (2)— omit , insert — ‘(2) On enrolment of the deed of grant by the Registrar of Titles a copy of the instrument declaring the trusts is part of the register under the Real Property Act 1861 . ’. Section 9 (1) (last sentence)— renumber as ‘ (1A) ’. Section 9 (1A)— renumber as ‘ (1C) ’. Section 14— renumber ‘ (2)(a) ’ as ‘ (2) ’ and omit ‘ paragraph (c) of this subsection ’ , insert ‘ subsection (2D) ’. renumber ‘ (2)(c) ’ as ‘ ( 2D ) ’ and ‘ (2A) ’ as ‘ ( 2E ) ’.

104 Lands Legislation Amendment Section 16 (1)— omit ‘ the office of ’ and ‘ in Brisbane ’. Section 17 (1)— insert ‘ region, ’ before ‘ district ’ (wherever occurring). Heading to Division 3 of Part 2— omit ‘, Commissioners ’. Section 24(2)(b)— renumber as ‘ (2A) ’ and omit ‘ paragraph (a) of this subsection ’ , insert ‘ subsection (2) ’. Section 24(8)— omit ‘or a Commissioner, ’. Section 24(8A)— omit ‘ Registrar of Dealings ’ (twice occurring), insert ‘ Registrar of Titles ’. Section 38 (Heading)— omit ‘ rent, ’. Section 38— (1) omit ‘ rent, or ’. (2) omit last sentence.

105 Lands Legislation Amendment Section 38(a)— omit ‘ made by the Commissioner or some other person ’. Section 38(b)— omit ‘ rent or ’. Section 40(1)(c)— omit ‘ rent, ’. Section 40(1)(g)— omit . Section 41A(1)— omit ‘ rental determinations or ’. Section 44(7)— omit ‘ Land Agent’s ’. Section 56(1)— omit ‘ with the Land Agent ’. Section 56(2)— omit ‘ block ’, insert ‘ lot ’. Section 56(3)— omit ‘ block ’, insert ‘ lot ’.

106 Lands Legislation Amendment Section 56(4) (Heading)— omit ‘ Curator ’ , insert ‘ Trustee’. Section 56(4)— (1) omit ‘ block ’ , insert ‘lot ’. (2) omit ‘ Curator ’ (twice occurring), insert ‘Trustee ’. Section 56(6)— omit ‘block ’ (twice occurring), insert ‘ lot ’. Section 56(7)— (1) omit ‘ blocks ’ (wherever occurring), insert ‘lots ’. (2) omit ‘ block ’ (twice occurring), insert ‘ lot ’. Section 58(4)— omit ‘ with the Land Agent ’. Section 59— omit ‘ Land Agent or to the office, in Brisbane, of the ’. Section 73(6)— omit ‘ Registrar of Dealings ’ , insert ‘Registrar of Titles ’. Section 73A— omit .

107 Lands Legislation Amendment Section 75(3)— omit ‘ by the Commissioner ’. Section 77(1)(a)— omit ‘ with the Land Agent ’. Section 77(2)— omit ‘ by the Commissioner ’. Section 77(3)(a)— omit ‘ by the Commissioner ’ and ‘with the Land Agent ’. Section 77(3)(b)— (1) omit ‘ the Commissioner shall, ’. (2) omit ‘ cause the land ’ , insert ‘the land is ’. (3) omit ‘ to the Land Agent ’. Section 77(3)(c)— omit ‘ by the Commissioner ’. Section 77(3)(d)— omit ‘ by the Commissioner ’ and ‘ by him ’ (twice occurring). Section 90(2)— omit ‘ with the Land Agent ’.

108 Lands Legislation Amendment Section 96(1)— (1) omit ‘ with the Land Agent ’ and ‘ by a Land Agent ’. (2) omit ‘ with him when he so receives it ’ , insert ‘when received ’. Section 96(4)— omit ‘ portion ’ , insert ‘lot ’. Section 96(9)— (1) omit ‘ portion ’ , insert ‘lot ’. (2) omit ‘ portions ’ , insert ‘ lots ’. Section 96(14) (Heading)— omit ‘ Curator ’ , insert ‘ Trustee ’ . Section 96(14)— omit ‘ Curator ’ , insert ‘ Trustee ’ (twice occurring) . Section 100(1)— omit ‘ the Land Agent for the District in which the land is situated, or to the office in Brisbane of ’. Section 100(2)— omit ‘ the office of ’ and ‘ in Brisbane ’. Section 101(1)(c) (second)— omit ‘ with the Land Agent ’.

109 Lands Legislation Amendment Section 112— (1) omit ‘, the Commissioner ’ , insert ‘ , an authorised officer ’. (2) omit ‘ by the Commissioner ’ , insert ‘ by such an officer ’. Section 118 (Heading)— omit ‘Commissioner’, insert ‘Officer’. Section 118— omit ‘ The Commissioner ’ , insert ‘ An authorised officer on investigation as to all the circumstances ’. Section 120— omit ‘ by the Land Agent ’. Section 121— omit . Section 124— omit . Section 127A— omit . Sections 132 and 133— omit.

110 Lands Legislation Amendment Section 140(5)— omit ‘rejecting an application on the ground referred to in subsection (3)(c) ’, insert ‘ refusing an application ’. Section 140(6) (last sentence)— (1) renumber as (6A) . (2) omit ‘ this subsection ’ , insert ‘ subsection (6) ’. Section 140(8)— omit. Section 141(1) (last sentence)— omit. Section 141(3)(a)— omit ‘ one hundred and thirty-five, one hundred and thirty-six, one hundred and thirty-seven, one hundred and thirty-eight, ’. Section 141(3)(c)— omit. Section 142(1)— omit ‘ date of the determination ’ , insert ‘day of the notification of the determination ’. Section 142(2)— omit ‘ date of the aforementioned determination by the Minister ’ , insert ‘day specified under subsection (1) ’.

111 Lands Legislation Amendment Section 142(5)— (1) omit ‘ first year’s rent ’ , insert ‘ deposit ’. (2) omit ‘ deemed to be arrears of rent ’ , insert ‘ taken to be arrears of instalments ’. Section 155(3)— omit. Section 158— omit. Section 159A(2)(b)— omit ‘ Registrar of Dealings ’ , insert ‘Registrar of Titles ’. Section 159A(6)— omit ‘ Registrar of Dealings ’ , insert ‘ Registrar of Titles ’. Section 164(1)— omit ‘ upon consideration of the recommendation of the Commission ’. Heading to Division 1 of Part 7— omit ‘ Sales in Fee-Simple ’ , insert ‘ Purchase Freehold Leases and Sales ’. Section 171(2)(h)— omit.

112 Lands Legislation Amendment Section 173(1)— omit ‘ a declaration ’ , insert ‘ an application ’. Section 173(2)— omit ‘ declaration of competency shall be ’ , insert ‘ prescribed form is to be completed and ’. Section 173(3)— omit ‘ declaration of competency as aforesaid ’ , insert ‘ completed prescribed form ’. Section 174(1)— (1) omit ‘ with the Land Agent: ’ , insert ‘ at the place appointed by the sale notification. ’. (2) omit the proviso, insert ‘(1A) An application that does not indicate the applicant to be competent under this Act and the sale notification is to be refused. ’. Section 174(2)— omit ‘ by the Land Agent ’. Section 174(3)— omit ‘ by the Land Agent ’. Section 188A— omit. Section 189— omit.

113 Lands Legislation Amendment Section 190(2) — (1) renumber ‘ (a) ’ (first sentence) as ‘ (1) ’. (2) renumber ‘ (a) ’ (second sentence) as ‘ (2) ’. (3) renumber ‘ (a) ’ (third sentence) as ‘ (3) ’. (4) renumber ‘ (b) ’ (first sentence) as ‘ (4) ’. (5) renumber ‘ (b) ’ (second sentence) as ‘ (5) ’. (6) renumber ‘ (c) ’ as ‘ (6) ’. (7) renumber ‘ (e) ’ as ‘ (11) ’. (8) renumber ‘ (f)(i) ’ as ‘ (12) ’ and omit ‘ this subsection ’ , insert ‘ subsection (13)’. (9) renumber ‘ (f)(ii) ’ as ‘ (13) ’ and omit ‘ paragraph (e) of this subsection ’ , insert ‘ subsection (11) ’. (10) renumber ‘ (f)(iii) ’ as ‘ (14) ’ and omit ‘ subparagraph (i) or (ii) of this paragraph ’, insert ‘ subsection (12) or (13) ’. Section 193(1)— omit ‘ date of the determination ’ , insert ‘ day of the notification of the determination ’. Section 193(2)— omit ‘ date of the aforementioned determination ’ , insert ‘ day specified under subsection (1) ’. Section 193(5)— omit ‘ Registrar of Dealings ’ , insert ‘ Registrar of Titles ’. Section 195(2) and (3)— omit .

114 Lands Legislation Amendment Section 195(4)— omit ‘ subsection (2) of this section ’ , insert ‘ this Division ’. Section 197— omit . Section 199(1)(d)— omit ‘ together with ’ , insert ‘ together with the plan fee, any other fees applicable and ’. Section 200(1)— omit ‘ a declaration ’ , insert ‘ an application ’. Section 200(2)— omit ‘ declaration of competency shall be ’, insert ‘ prescribed form is to be completed and ’. Section 200(3)— omit ‘ declaration of competency ’ , insert ‘ completed prescribed form ’. Section 200A(1)— (1) omit ‘ with the Land Agent ’ , insert ‘ at the place appointed by the sale notification ’. (2) omit last sentence, insert ‘(1A) An application that does not indicate the applicant to be competent under this Act and the sale notification is to be refused. ’. Section 200A(2)— omit ‘ by the Land Agent ’.

115 Lands Legislation Amendment Section 200A(3)— omit ‘ by the Land Agent ’. Section 203(d)— omit ‘ section 207 of this Act ’, insert ‘ Division 2 of Part 8 ’. Section 203 (fifth sentence)— omit ‘ Such person ’ , insert ‘ That person, if not the owner of the improvements, ’. Heading to Division 2 of Part 8— omit , insert ‘ Division 2—Conversion of special lease ’. Section 214A(2)(b)— omit ‘ Registrar of Dealings ’ , insert ‘Registrar of Titles ’. Section 225 (Heading)— omit ‘ Land Agent to keep registers ’ , insert ‘ Registers ’. Section 225(1)— (1) omit ‘ The Land Agent shall keep a register in which he shall enter ’, insert ‘ A register is to be kept in each district land office in which is to be entered ’. (2) omit ‘ by him ’ , insert ‘ in that office ’. Section 225(2)— omit , insert— ‘(2) A register of applications under the selective method to lease land as pastoral lease or selection is to be maintained in each office appointed by an

116 Lands Legislation Amendment opening notification for the receipt of applications. ‘(3) A register is also to be maintained in the office where the applications are considered by the Committee of Review. ’. Section 226(1)— omit ‘ in the office in Brisbane of ’ , insert ‘ by ’. Section 228— omit ‘ Minister ’ (wherever occurring), insert ‘ Registrar of Titles ’. Section 236(1)— omit ‘ Land Agent or at the office in Brisbane of the ’. Section 236(2)— omit ‘the Land Agent or at the office in Brisbane of ’. Section 236(4)(b)— omit ‘ by the Commissioner or some other person ’. Section 237(1)— omit ‘ the Land Agent or at the office in Brisbane of ’. Heading to Division 3 Part 10 (before s. 242)— omit ‘ Rent ’ , insert ‘ Valuation ’. Sections 242 to 243— omit .

Section 246— omit . 117 Lands Legislation Amendment Section 248— omit . Section 249 (Heading)— omit , insert— ‘Penalties for default in payment of rent or instalments’. Section 249(1)— omit ‘ rent ’ (wherever occurring), insert ‘ rent or instalments ’. Section 249(3)(b)— omit ‘ rent ’ (wherever occurring), insert ‘ rent or instalments ’. Section 249(3)(b)(i)— omit ‘ by the Minister under paragraph (a) of this subsection ’ , insert ‘ under section 248A ’. Section 249(3)(b)(ii)— omit , insert— ‘ (ii) if a deferral or forgiveness is in force under section 248A’. Section 249(3)(c)— omit .

118 Lands Legislation Amendment Section 249A— omit ‘ to the nearest whole dollar ’ , insert ‘ in whole dollars ’. Section 279(3)— omit ‘ Commissioner ’ (twice occurring), insert ‘ Commission’. Section 279(4)— omit ‘ the Commissioner ’ (twice occurring), insert ‘ a member of the Commission ’. Section 282(3)— omit ‘ Registrar of Dealings ’ , insert ‘ Registrar of Titles ’. Section 284(3)— omit ‘ Registrar of Dealings ’ , insert ‘ Registrar of Titles ’. Section 284(4)— omit ‘ Registrar of Dealings ’, insert ‘ Registrar of Titles ’. Section 286(1)— omit ‘Registrar of Dealings’ , insert ‘ Registrar of Titles ’. Section 288(3)— omit ‘ Registrar of Dealings ’ , insert ‘ Registrar of Titles ’. Section 289 (Heading)— omit ‘ and transmissions by death ’.

119 Lands Legislation Amendment Section 289— omit ‘ , and the transmission of the interest in any land held or being purchased under this Act of any deceased lessee, licensee or purchaser under Part VII shall ’ , insert ‘ may ’. Section 291(1) and (1A)— omit ‘ Registrar of Dealings ’ (wherever occurring), insert ‘ Registrar of Titles ’. Section 297(1)— omit ‘ rent ’ , insert ‘ rent or instalments ’. Section 299(2)— omit ‘ Commissioner ’ (twice occurring), insert ‘ Commission ’. Section 300— omit ‘ rent ’ , insert ‘ rent or instalments ’. Section 305(1)— omit ‘ rent ’ , insert ‘ rent or instalments ’. Section 323(8) (Heading)— omit . Section 323(8)— omit ‘ a Commissioner to furnish or ’ , insert ‘ the Commission ’.

120 Lands Legislation Amendment Section 333(1)— omit ‘ year’s rent ’ , insert ‘ year’s rent or instalment ’. Section 333(2)— omit ‘ rent ’ , insert ‘ rent or instalment ’. Section 364— omit ‘ or the Registrar of Dealings ’. Section 365(3)(c)— omit ‘ rent ’ , insert ‘ rent or purchasing price ’. Section 365(5)— omit , insert— ‘(5) If land is to be added on the closure of a road under section 363 to a lease held under section 127 or 188, the capital value of the land to be added is to be paid to the Crown before the addition of the further land. ’. Section 373(1)— omit ‘ Commissioner or ’. Section 377(1)— omit ‘ a Commissioner, a land inspector or ’. Section 378 (Heading)— omit ‘ Commissioners and other ’.

121 Lands Legislation Amendment Section 378— (1) omit ‘ , any Commissioner,’. (2) omit ‘ other ’ (twice occurring) . (3) omit ‘ , Commissioner ’. Section 381(3)— omit ‘ a Commissioner or prickly-pear warden ’ , insert ‘ an officer of the department ’.

122 Lands Legislation Amendment SCHEDULE 2 section 3 CONSEQUENTIAL AMENDMENTS—RURAL LANDS PROTECTION Section 18— omit . Heading to Division 5 of Part 10— omit . Sections 252 to 262A— omit. Sections 264 to 268— omit. Heading to Division 13 of Part 10— omit . Sections 324 to 332— omit . Section 376— omit .

123 Lands Legislation Amendment SCHEDULE 3 section 70 CONSEQUENTIAL AND MINOR AMENDMENTS—MINERS’ HOMESTEADS Section 23A(1)(b)— omit . Section 23A(2)— omit ‘$2 ’ , insert ‘$20 ’. Section 24(4)— omit ‘lessee on ’ , insert ‘lease on ’. SCHEDULE 4 section 76 CONSEQUENTIAL AND MINOR AMENDMENTS—MINING TITLES FREEHOLDING Section 3— omit . Section 5— omit ‘ business area ’ , insert ‘ business area, market garden area ’.

124 Lands Legislation Amendment Part 3 (Heading)— omit ‘ BUSINESS AREAS ’ , insert ‘ BUSINESS AREAS, MARKET GARDEN AREAS ’. Section 8A— omit ‘ business area ’ , insert ‘ business area, market garden area ’. Section 8B(1)— omit ‘ business area ’ , insert ‘ business area, a market garden area ’. Section 9(1)— omit ‘ business area ’ (twice occurring), insert ‘ business area, market garden area ’. Section 9(2)— omit ‘ business area ’ (twice occurring), insert ‘ business area, market garden area ’. Section 11— omit ‘ or 8B, ’ insert ‘ , 8B or 8C, ’. Section 15(1)(b)— omit ‘ 30 ’ . Section 16(1)(a)— omit ‘ business area ’ , insert ‘ business area, market garden area ’.

125 Lands Legislation Amendment Section 16(3)— omit , insert— ‘(3) If an election is made under subsection (1), amounts paid as rent— (a) before the day of receipt of the notice of election—if received before the commencement of Schedule 4; or (b) before the day of the receipt of the application under section 9—if received on or after the commencement of Schedule 4; of the Lands Legislation Amendment Act 1991 , are not to be credited to the purchasing price. ‘(4) Amounts paid after the day specified in subsection (3)(a) or (b), as the case may require, are to be credited to the purchasing price. ’ . Section 17(1)— omit ‘ 30 ’ . Section 17(1)(a)— omit ‘ business area ’ , insert ‘ business area, market garden area ’. Section 22(1)(d)— omit , insert— ‘ (d) a market garden area; or (e) a residence area. ’.

126 Lands Legislation Amendment SCHEDULE 5 section 89 CONSEQUENTIAL AND MINOR AMENDMENTS—FORESTRY Section 47(1)— (1) omit ‘ State Forest) ’ , insert ‘ State Forest), or any quarry material in a reservation for quarry material in a deed of grant ’. (2) omit ‘ or holder ’ , insert ‘ , holder or owner, ’. Section 47(1)(i)— omit ‘ Shall ’ , insert ‘ is, except in the case of a deed of grant, to ’. Section 47(1)(ii)(b)— omit ‘ Resource Industries, ’ , insert — ‘ Resource Industries; or (c) if the sale is of quarry material in a reservation in a deed of grant; ’. Section 47(2) (After first sentence)— insert— (1) ‘(2A) If an objection under subsection (1) to the sale of quarry material in a reservation in a deed of grant is not made, the Conservator of Forests may make the sale. ’. (2) number the last sentence as ‘(2B)’.

127 Lands Legislation Amendment Section 53(1)(i)(a)— omit ‘ lease; ’ , insert ‘ lease, if that selection or lease existed before the commencement of Schedule 5 of the LandsLegislationAmendmentAct1991, unless, in the case of quarry material, the lessee was the owner of that quarry material at that time; ’. Section 53(1)(i)(b)— (1) omit ‘ other ’. (2) omit ‘ Crown holding ’ , insert ‘ Crown holding under the Land Act 1962 or miners’ homestead lease or miners’ homestead perpetual lease under the Miners’ Homestead Leases Act 1913 ’. The State of Queensland 1991