Lands Legislation Amendment Act 1993 (Qld)

Queensland LANDS LEGISLATION AMENDMENT ACT 1993 Act No. 67 of 1993

Queensland LANDS LEGISLATION AMENDMENT ACT 1993 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 Amended Acts—Schedule 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Repeals—Schedule 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 PART 2—AMENDMENT OF LAND ACT 1962 5 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 6 Amendment of s.5 (Interpretation of terms) . . . . . . . . . . . . . . . . . . . . . . . . . . 4 7 Amendment of s.6 (Grants and leases) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 8 Insertion of new s.19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 19 Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 9 Amendment of s.77 (Applications) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 10 Amendment of s.79 (Provisions applicable to occupation licences) . . . . . . 7 11 Amendment of s.140 (Dealing with application for conversion) . . . . . . . . . 8 12 Insertion of new s.178A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 178A Alternative hardship provision for certain auction purchase freehold leases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 13 Amendment of s.191 (Application to freehold) . . . . . . . . . . . . . . . . . . . . . . . 9 14 Amendment of s.207B (Dealing with application) . . . . . . . . . . . . . . . . . . . . 9 15 Insertion of new ss.235A and 235B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 235A Appeal against categorisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 235B Appeal against categorisation after change of purpose . . . . . . . . . . 11 16 Amendment of s.250 (Tree clearing permit) . . . . . . . . . . . . . . . . . . . . . . . . . 12

2 Lands Legislation Amendment No. 67, 1993 17 Replacement of s.333 (Surrender of lease) . . . . . . . . . . . . . . . . . . . . . . . . . . 13 333 Surrender of lease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 18 Amendment of s.363 (Closure of road on application by registered proprietor or lessee of adjoining land) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 19 Amendment of s.366 (Road licence over land comprising road temporarily closed) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 20 Insertion of new s.387 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 387 Adjustment of rent in certain cases . . . . . . . . . . . . . . . . . . . . . . . . . . 16 PART 3—AMENDMENT OF VALUATION OF LAND ACT 1944 21 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 22 Omission of Part 3 (Valuation Districts) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 23 Amendment of s.13 (Valuations at periodic intervals) . . . . . . . . . . . . . . . . . 17 24 Amendment of s.15 (Separate valuation) . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 25 Amendment of s.16E (Particulars of annual valuation to be available for inspection) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 26 Amendment of s.16F (Advertisements) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 27 Amendment of s.16G (Owner may object) . . . . . . . . . . . . . . . . . . . . . . . . . . 20 28 Omission of Schedule 4 (Valuation of districts for the purposes of this Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 21 CONSEQUENTIAL AND MINOR AMENDMENTS CEMETERY ACT 1865 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 LAND ACT 1962 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 SPECIAL FREEHOLDING OF LEASES ACT 1991 . . . . . . . . . . . . . . . . . . 24 VALUATION OF LAND ACT 1944 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 58 REPEALS

Queensland Lands Legislation Amendment Act 1993 Act No. 67 of 1993 An Act to amend certain Acts administered by the Minister for Lands, and for other purposes [Assented to 23 November 1993]

4 Lands Legislation Amendment The Parliament of Queensland enacts— No. 67, 1993 PART 1—PRELIMINARY ˙ Short title 1. This Act may be cited as the Lands Legislation Amendment Act 1993 . ˙ Commencement 2. This Act commences on a day to be fixed by proclamation. ˙ Amended Acts—Schedule 1 3. Each Act mentioned in Schedule 1 is amended as set out in the Schedule. ˙ Repeals—Schedule 2 4. The Acts mentioned in Schedule 2 are repealed. PART 2—AMENDMENT OF LAND ACT 1962 ˙ Amended Act 5. The Land Act 1962 is amended as set out in this Part. ˙ Amendment of s.5 (Interpretation of terms) 6. Section 5(1)— insert— ‘ “mining interest” means—

5 Lands Legislation Amendment No. 67, 1993 (a) a permit, claim, licence, lease or other authority under the MineralResources Act 1989 ; or (b) a lease under the Petroleum Act 1923 ; ’. ˙ Amendment of s.6 (Grants and leases) 7. Section 6(7)— omit, insert— ‘(7) Land that stops being Crown land because a mining interest is granted over it may still be dealt with as Crown land under this Act. ‘(7A) However, the Minister must first consider whether the dealing is appropriate. ‘(7B) The dealing cannot affect— (a) the rights of the holder of the mining interest or the successors of the holder; or (b) an agreement made, or anything else done, under the MineralResources Act 1989 or the Petroleum Act 1923 . ’. ˙ Insertion of new s.19 8. Section 19— omit, insert— ˙ ‘Administration ‘19.(1) This Act is to be administered by the Minister and, subject to the Minister, by the chief executive. ‘(2) The Minister may delegate the Minister’s powers under this Act or another Act administered by the Minister to the chief executive of the department or to an officer or employee of the department. ‘(3) The Minister may delegate the Minister’s powers about matters connected with the public business of the State administered by the Minister (whether the powers arise under an Act or otherwise) to— (a) another Minister; or (b) the chief executive of the department or the chief executive of

6 Lands Legislation Amendment No. 67, 1993 another department; or (c) an officer of the public service. ‘(4) The chief executive of the department may delegate the chief executive’s powers under this Act or another Act administered by the Minister to an officer or employee of the department. ‘(5) The chief executive of the department may delegate the chief executive’s powers about matters connected with the public business of the State administered by the Minister (whether the powers arise under an Act or otherwise) to an officer or employee of the department. ’. ˙ Amendment of s.77 (Applications) 9.(1) Section 77(1)(a)— renumber as subsection (1). (2) Section 77(1)(b)— renumber as subsection (1A). (3) Section 77(1)(c)— omit, insert— ‘(1B) When making the application, the applicant must pay rent for the period starting on the first day of the month after the month in which the application is made, and ending on the next 30 June, calculated on the amount of the current notified annual rent for the occupation licence. ‘(1C) However, if a new annual rent is later notified for the financial year for the whole or a part of which rent has already been paid under subsection (1B), an appropriate adjustment must be made by way of— (a) payment of additional rent; or (b) refund of overpaid rent. ‘(1D) Rent paid by an applicant under subsection (1B) must be returned to the applicant if the occupation licence is not granted. ’. (4) Section 77(3)(a)— renumber as subsection (3). (5) Section 77(3)(b)—

7 Lands Legislation Amendment No. 67, 1993 omit. (6) Section 77(3)(c)— omit ‘ whether at auction or otherwise ’. (7) Section 77(3)(c) and (d)— renumber as subsections (4) and (5). ˙ Amendment of s.79 (Provisions applicable to occupation licences) 10.(1) Section 79(1)— omit, insert— ‘79.(1) An occupation licence ends on 30 June. ‘(1A) However, an occupation licence for which rent has been paid for the period 1 January 1994 to 31 December 1994 ends on 31 December 1994, but, if it is renewed under subsection (3), it continues until 30 June 1995. ’. (2) Section 79(2) (first sentence)— omit, insert— ‘(2) The annual rent for an occupation licence is the amount decided by the Minister. (3) Section 79(2) (second sentence)— omit. (4) Section 79(3) and (4)— omit, insert— ‘(3) An occupation licence may be renewed if the annual rent is paid by 1 September in the financial year for which the rent is payable. ‘(4) However, the licensee of an occupation licence mentioned in subsection (1A) is taken to have already paid half the rent for the year ending 30 June 1995. ’.

8 Lands Legislation Amendment No. 67, 1993 ˙ Amendment of s.140 (Dealing with application for conversion) 11. After section 140(5A)— insert— ‘(5AA) An agreement mentioned in subsection (5A) is binding on— (a) the State; and (b) the lessee and the lessee’s successors in title. ’. ˙ Insertion of new s.178A 12. After section 178— insert— ˙ ‘Alternative hardship provision for certain auction purchase freehold leases ‘178A.(1) This section applies to the lessee of an auction purchase freehold lease if the lease— (a) is for a term of less than 30 years; and (b) is used for agricultural purposes. ‘(2) If a lessee to whom this section applies is suffering hardship because of a matter mentioned in section 248A(1)(a) to (d), the lessee may, to reduce the amount of each instalment payable under the lease, make a written application to the Minister for an extension of the term of the lease to not more than 30 years. ‘(3) The lessee must give the Minister returns and financial statements the Minister asks for. ‘(4) If the Minister approves an extension, the Minister’s approval must show— (a) the new term of the auction purchase freehold lease; and (b) the new instalments. ‘(5) A new instalment must not be less than the amount prescribed under section 176(7). ’.

9 Lands Legislation Amendment No. 67, 1993 ˙ Amendment of s.191 (Application to freehold) 13. Section 191— insert— ‘(5A) An agreement mentioned in subsection (5) is binding on— (a) the State; and (b) the lessee and the lessee’s successors in title. ’. ˙ Amendment of s.207B (Dealing with application) 14. Section 207B— insert— ‘(5A) An agreement mentioned in subsection (5) is binding on— (a) the State; and (b) the lessee and the lessee’s successors in title. ’. ˙ Insertion of new ss.235A and 235B 15. After section 235 (in Division 1 of Part 10)— insert— ˙ ‘Appeal against categorisation ‘235A.(1) This section applies to a lease to which section 61B, 131, 204B or 212 applies. ‘(2) The lessee of a lease to which this section applies may file an objection with the chief executive if the lessee considers the assessment of rent for the lease has been based on an allocation of the lease to the wrong prescribed category. ‘(3) An objection under subsection (2) must be filed within 28 days of the lessee receiving a notice showing the assessed rent for the lease. ‘(4) However, even if the lessee files an objection under subsection (2), the annual rent based on the original assessment of rent is still payable on the day shown in the notice mentioned in subsection (3). ‘(5) The chief executive must, as soon as practicable after the objection is

10 Lands Legislation Amendment No. 67, 1993 filed— (a) consider the objection; and (b) decide the correct prescribed category; and (c) give the lessee written notice of the category (the “chief executive’s final category for the lease” ). ‘(6) The lessee may file an appeal in the Land Court against the chief executive’s final category for the lease. ‘(7) The appeal must be filed within 28 days of the lessee receiving the notice under subsection (5)(c). ‘(8) If the lessee does not file an appeal, the category for the lease is taken to be the chief executive’s final category for the lease. ‘(9) If— (a) the chief executive’s final category for the lease is different from the category on which the assessment of rent for the lease was originally based, and the lessee does not file an appeal in the Land Court under subsection (6); or (b) the Land Court (or, on appeal, the Land Appeal Court) decides on a category different from the category on which the assessment of rent for the lease was originally based; and, in either case, the new category would result in a change in the assessed rent, the lessee must be given a written notice showing the rent assessed on the basis of the new category. ‘(10) Excess rent 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 the notice under subsection (9). ‘(11) If at the commencement of this section the annual rent notice for a lease has already been received, an objection under subsection (2) may be filed within 28 days of the commencement of this section. ‘(12) If before the commencement of this section the lessee gave a written objection to the category to the chief executive, the objection is, if the lessee consents, taken to be an objection made under subsection (2). ‘(13) The lessee’s consent under subsection (12) must be given to the chief executive within 28 days of the lessee receiving from the chief

11 Lands Legislation Amendment No. 67, 1993 executive a written notice asking whether the lessee consents to the objection being taken to be an objection made under subsection (2). ˙ ‘Appeal against categorisation after change of purpose ‘235B.(1) This section applies to a lease— (a) to which section 204B applies; and (b) the purpose of which is amended under section 14(2) (the “purpose amendment” ). ‘(2) For calculating rent, the purpose amendment takes effect on the first quarter day after the amendment. ‘(3) The lessee of the lease must be given, within a reasonable time after the purpose amendment, written notice of the prescribed category for the lease after the amendment. ‘(4) A notice showing a revised assessment of rent must be issued if— (a) the category notified under subsection (3) is different from the category applying to the lease before the purpose amendment; and (b) the new category would result in a change in the assessed rent. ‘(5) The category for the lease after the purpose amendment may be objected to and appealed against in the way an original categorisation may be objected to and appealed under section 235A(2) and (3) and (5) to (9), with the same time limits applying and any necessary changes made. ‘(6) If a revised assessment of rent is issued and extra rent is payable, the lessee must pay the extra rent by a day stated in the notice, even if the lessee objects or intends to object to the new category for the lease. ‘(7) The day stated in the notice under subsection (6) must not be earlier than 28 days after the notice is issued by the chief executive. ‘(8) If— (a) any objection and appeals under section 235A (as applied by this section) are finished; and (b) the category of the lease is different from the category on which the assessment of rent paid was based; excess rent is to be credited to the lessee, together with interest at the

12 Lands Legislation Amendment No. 67, 1993 prescribed rate on the amount credited from the first quarter day after the purpose amendment until the lessee is given written notice of the rent that is to apply. ’. ˙ Amendment of s.250 (Tree clearing permit) 16.(1) Section 250(1) (definition “critical area” , paragraph (d))— omit, insert— ‘ (d) land that is— (i) a protected area under Part 4 of the Nature Conservation Act1992 ; or (ii) the subject of a proposal under Part 4 of the NatureConservationAct1992 for the declaration of a protected area; ’. (2) Section 250(1) (definition “tree management plan” , paragraph (d))— omit, insert— ‘ (d) stands of commercial species of trees; and ’. (3) Section 250(18)(b)(ii)— omit ‘ , or a protected area within the meaning of the Nature ConservationAct 1992 ’. (4) Section 250— insert— ‘(19A) Despite subsection (19)(b), a lessee mentioned in subsection (18) may clear prescribed trees if the following conditions are satisfied— (a) the lessee must give the chief executive written notice of the following— (i) the species of the trees intended to be cleared; (ii) the quantity of the trees intended to be cleared; (iii) the routine management purposes for which the trees are intended to be cleared;

13 Lands Legislation Amendment No. 67, 1993 (b) the lessee must give the chief executive a map clearly showing the area to be cleared; (c) the lessee must have received written acknowledgment from the chief executive that the chief executive has received the notice given under paragraph (a); (d) 28 days must have elapsed since the lessee received the written acknowledgment mentioned in paragraph (c); (e) in the 28 day period mentioned in paragraph (d), the lessee is not given written notice that the chief executive objects to the tree clearing. ‘(19B) However, if within the 28 day period mentioned in subsection (19A)(d) the chief executive gives the lessee written notice specifying conditions that must be complied with in the tree clearing, the lessee may clear the trees without obtaining a permit under this section only if the conditions are complied with. ’. ˙ Replacement of s.333 (Surrender of lease) 17. Section 333— omit, insert— ˙ ‘Surrender of lease ‘333.(1) A lessee may surrender the lessee’s lease by giving written notice to the Minister of— (a) the surrender; and (b) the proposed day of surrender. ‘(2) However, a surrender takes effect— (a) on a day approved by the Minister as the day of surrender (the “approved day of surrender” ); and (b) only if the lessee has paid all amounts payable to the State up to the approved day of surrender. ‘(3) The approved day of surrender must— (a) not be earlier than the day on which the Minister receives the notice under subsection (1)(a); and

14 Lands Legislation Amendment No. 67, 1993 (b) be that day or as soon as practicable after that day. ‘(4) A lessee may be refunded rent paid if it is attributable to a period starting immediately after a surrender takes effect. ‘(5) Despite subsections (1) to (4), a lessee may, on terms agreed between the Minister and the lessee, surrender the whole or part of the lessee’s lease— (a) either absolutely; or (b) for the purpose of being granted a new lease over the whole or part of the former lease (whether or not the new lease also includes other land). ’. ˙ Amendment of s.363 (Closure of road on application by registered proprietor or lessee of adjoining land) 18.(1) Section 363— insert— ‘(1A) The Minister may refuse the application if, in the Minister’s opinion, formed on reasonable grounds— (a) the application for the closure is vexatious or frivolous; or (b) the closure is not needed as an integral part of a substantial development; or (c) no real economic benefit to the State is likely because of the closure; or (d) the closure would be of no particular benefit to the local community. ’. (2) Section 363(2) (all words before paragraph (a))— omit, insert— ‘(2) If the Minister does not, under subsection (1A), refuse the application, the Minister must cause a notice of the application— ’.

15 Lands Legislation Amendment No. 67, 1993 ˙ Amendment of s.366 (Road licence over land comprising road temporarily closed) 19.(1) Section 366(1) (second sentence)— renumber as subsection (1A). (2) Section 366(2) (second sentence)— omit, insert— ‘(2A) Annual rent is payable for a financial year. ‘(2B) The annual rent must be paid on or before 1 September in the financial year for which the rent is payable. ’. (3) Section 366(3) and (4)— omit, insert— ‘(3) Annual rent must be not less than an amount prescribed by regulation. ‘(4) If an amount is not prescribed for subsection (3), the annual rent must be at least $50. ‘(4A) If an amount is prescribed for subsection (3) between 1 September and 30 June in a financial year, the amount does not apply to the financial year in which it is prescribed. ‘(4B) If the Minister adjusts an annual rent for a road licence between 1 September and 30 June in a financial year, the adjusted annual rent does not apply to the financial year. ‘(4C) The licensee of a road licence for which rent has been paid for the period 1 January 1994 to 31 December 1994 is taken to have already paid half the rent applying to the road licence for the financial year ending on 30 June 1995. ’. ˙ Insertion of new s.387 20. After section 386— insert—

16 Lands Legislation Amendment No. 67, 1993 ˙ ‘Adjustment of rent in certain cases ‘387.(1) This section applies to a lease if— (a) it is a lease to which section 61B, 131, 204B or 212 applies; and (b) it started before 1 July 1993; and (c) its primary use may lawfully be, and is, grazing or broadacre agriculture; and (d) section 11(9) of the Valuation of Land Act 1944 was applied to its valuation for rating purposes for the year ending on 30 June 1993, resulting in a lower valuation than would otherwise have applied; and (e) in the Minister’s opinion, the rent payable under this Act (other than this section) for the lease for the year starting on 1 July 1993 is substantially higher than the rental payable under this Act for the lease for the year ending on 30 June 1993. ‘(2) The rent payable for a lease to which this section applies for the year starting on 1 July 1993 is the amount obtained by adding— (a) the rent payable under this Act for the lease for the year ending on 30 June 1993; and (b) 50% of the difference between— (i) the rent payable under this Act for the year starting on 1 July 1993 if this section had not been enacted; and (ii) the rent mentioned in paragraph (a). ‘(3) The rent payable for a lease to which this section applies for the year starting on 1 July 1994 is the amount obtained by adding— (a) the rent payable under this Act for the lease for the year ending on 30 June 1993; and (b) 75% of the difference between— (i) the rent payable under this Act for the year starting on 1 July 1994 if this section had not been enacted; and (ii) the rent mentioned in paragraph (a). ‘(4) If rent paid for a lease to which this section applies is calculated under this Act (other than this section) and this section is later applied,

17 Lands Legislation Amendment No. 67, 1993 excess rent paid is to be credited to the lessee of the lease, together with interest at the prescribed rate on the excess for the period from the payment of the rent until the lessee is given notice of the rent as reduced by this section. ‘(5) This section expires on 1 July 1995. ’. PART 3—AMENDMENT OF VALUATION OF LAND ACT 1944 ˙ Amended Act 21. The Valuation of Land Act 1944 is amended as set out in this Part. ˙ Omission of Part 3 (Valuation Districts) 22. Part 3— omit. ˙ Amendment of s.13 (Valuations at periodic intervals) 23.(1) Section 13(1) to (1C)— omit, insert— ‘13.(1) General valuations may be made at periodic intervals. ‘(2) The period between a general valuation and the next general valuation must be not less than 5 years and not more than 8 years, calculated by reference to days fixed under section 11AF. ‘(3) A general valuation for an area is in force from a day fixed under section 11AF until immediately before the earlier of the following— (a) the next day fixed under section 11AF; (b) the day on which an annual valuation for the area takes effect. ‘(4) Despite subsection (2), a regulation may specify a period of less than 5 years or more than 8 years to be the period between the last and the next

18 Lands Legislation Amendment No. 67, 1993 valuation for an area. ’. (2) Section 13(2)— insert (as heading)— ‘Alteration of valuation’. (3) Section 13(2)(f)— omit ‘ section 11(9) and (10) ’, insert ‘ section 11AD(1) and (2) ’. (4) Section 13(2)(i)(i)— omit ‘ Town Plan ’, insert ‘ planning scheme ’. (5) Section 13(2)(j)— omit ‘ section 11(9) and (10) ’, insert ‘ section 11AD(1) and (2) ’. (6) Section 13(2)— insert— ‘ (l) unless the valuation is a valuation for rental purposes of a lease, licence or permit made because— (i) the purpose of the lease, licence or permit has changed; or (ii) the conditions of the lease, licence or permit have changed; or (iii) the area of the lease, licence or permit has changed. ’. (7) Section 13(2)— renumber as section 13A(1). (8) Section 13(2) (2nd sentence)— renumber as section 13A(2). (9) Section 13(2A)— omit, insert— ‘(3) In subsection (1)— “farming” has the meaning given by section 11AD(2); “single dwelling house” has the meaning given by section 11AD(2). ‘(4) An alteration in a valuation must not be made under

19 Lands Legislation Amendment No. 67, 1993 subsection (1)(d) unless the owner of the land applies to the chief executive within 6 months after the permanent damage happens. ‘(5) If— (a) an alteration is made in a valuation for rental purposes because of an event mentioned in subsection (1)(l); and (b) the event happened before the start of the period for which the valuation to which the alteration is made was in force; and (c) the valuation mentioned in paragraph (b) is an annual valuation; the chief executive must also make an appropriate alteration to each annual valuation for rental purposes that applied from the happening of the event up to the start of the period. ‘(6) Each alteration mentioned in subsection (5) may be objected to and appealed under section 16G to 16K in the same way a valuation for rental purposes may be objected to and appealed against. ‘(7) For the purposes of subsection (6), a rent notice mentioned in section 16G(3) includes a rent notice issued after an alteration to a valuation for rental purposes. ’. ˙ Amendment of s.15 (Separate valuation) 24. After section 15(1)— insert— ‘(1A) However, the valuation for rental purposes of land in a lease, licence or permit under the Land Act 1962 is to be a valuation of all the land even if separate valuations of parts of the land are made for another purpose. ’. ˙ Amendment of s.16E (Particulars of annual valuation to be available for inspection) 25. Section 16E (at the end)— insert— ‘(5) This section does not apply to valuations for rental purposes. ’.

20 Lands Legislation Amendment No. 67, 1993 ˙ Amendment of s.16F (Advertisements) 26. Section 16F (at the end)— insert— ‘(3) This section does not apply to valuations for rental purposes. ’. ˙ Amendment of s.16G (Owner may object) 27.(1) Section 16G(1)— omit ‘ or with the district valuer for the district wherein that land is situated ’. (2) Section 16G(2)— insert— ‘ (c) the valuation for rental purposes is a valuation to which section 13(2)(l) applies. ’. (3) After section 16G(2)— insert— ‘(2A) Despite subsection (2), the owner of a lease to which section 61B, 131, 204B or 212 of the Land Act 1962 applies may not object to a valuation for rental purposes if the rental is not more than the prescribed amount under the section. ’. ˙ Omission of Schedule 4 (Valuation of districts for the purposes of this Act) 28. Schedule 4— omit .

21 Lands Legislation Amendment No. 67, 1993 ¡ SCHEDULE 1 CONSEQUENTIAL AND MINOR AMENDMENTS section 3 ´ CEMETERY ACT 1865 1. Section 28— omit ‘ Home Secretary ’, insert ‘ Minister ’. 2. Section 38— omit ‘ Home Secretary ’, insert ‘ Minister ’. ´ LAND ACT 1962 1. Section 5(1)— insert— ‘ “State land” means Crown land; ’. 2. Section 14(2)— omit all words after ‘ subsection (2)(d)) the Minister ’, insert ‘ must not make an addition or amendment affecting the time within which a condition is to be wholly or partly performed. ’. 3. After section 207L(2)— insert— ‘(2A) However, if the lessee has complied with all the requirements the

22 Lands Legislation Amendment No. 67, 1993 SCHEDULE 1 (continued) lessee has to comply with before the issue of the lease, but the lease cannot be issued until after the effective day, the term starts on the day the Governor in Council grants the lease. ’. 4. Section 247(5)— omit. 5. After section 249(2)— insert— ‘(2A) A person is not required to pay a penalty for a period of default if the person had a reasonable excuse for the default. Examples of a reasonable excuse— 1. The chief executive fails to give a lessee notice that rent is payable. 2. A lessee cannot travel because of flooding. ‘(2B) Hardship that may be established under another section of this Act is not also a reasonable excuse for subsection (2A). ’. 6. Section 372(1)(b)— omit ‘ Commission ’, insert ‘ chief executive ’. 7. Section 372(1)— omit ‘ or a road ’, insert ‘ , land granted in trust, a road ’. 8. Section 372(2)(a)— omit ‘ or a road or ’, insert ‘ , land granted in trust, a road or a ’. 9. Section 372(2)(d) and (3) (after ‘Crown land,’)— insert ‘ land granted in trust, ’.

23 Lands Legislation Amendment SCHEDULE 1 (continued) 10. Section 373(1)(a)— omit ‘ or a road ’, insert ‘ , land granted in trust, a road ’. No. 67, 1993 11. Section 373(2) (after ‘Crown land,’)— insert ‘ land granted in trust, ’. 12. Section 373(6)(a)— omit ‘ or a road or ’, insert ‘ , land granted in trust, a road or a ’. 13. Section 373(6)(b) (after ‘Crown land,’)— insert ‘ land granted in trust, ’. 14. Section 373(9)(a)— omit ‘ a road or ’, insert ‘ land granted in trust, a road or a ’. 15. Section 373(10) and (11) (after ‘Crown land,’)— insert ‘ land granted in trust, ’. 16. Section 373(17)(a)— omit ‘ a road or ’, insert ‘ land granted in trust, a road or a ’. 17. Section 373(17)(a) (after ‘such Crown land,’)— insert ‘ land granted in trust, ’. 18. Section 373(18) (after ‘Crown land,’)— insert ‘ land granted in trust, ’.

24 Lands Legislation Amendment SCHEDULE 1 (continued) 19. Section 373A (after ‘Crown land’)— insert ‘ , land granted in trust ’. No. 67, 1993 20. Section 383(1)— omit ‘ by Order in Council ’. 21. Section 386— omit, insert— ‘References concerning protected areas ‘386. Until Part 13 of the Nature Conservation Act 1992 commences, a reference in section 250(1) to a protected area under Part 4 of the NatureConservation Act 1992 includes a reference to a National Park under the National Parks and Wildlife Act 1975 . ’. ´ SPECIAL FREEHOLDING OF LEASES ACT 1991 1. Section 3 (definition “Director-General”)— omit. 2. Section 3— insert— ‘ “chief executive” means chief executive of the department; ’. 3. Section 3 (definition “relevant authority”)— omit ‘ Director-General ’, insert ‘ chief executive ’.

25 Lands Legislation Amendment SCHEDULE 1 (continued) 4. Section 4(2)— omit ‘ Department of Lands ’, insert ‘ department ’. No. 67, 1993 5. Section 5(4)— omit. 6. Section 9(3)— omit ‘ Director-General ’, insert ‘ chief executive ’. 7. Section 9(3)— omit ‘ Director-General’s ’, insert ‘ chief executive’s ’. 8. Section 10— omit, insert— ‘Regulations ‘10. The Governor in Council may make regulations for the purposes of this Act. ’. ´ VALUATION OF LAND ACT 1944 1. Section 2— omit. 2. Section 5(1) (definitions “Area”, “Crown instrumentality”, “District”, “Mining tenement”, “Owner”, “Person”, “Petroleum lease”, “prescribed form”, “Roll” or “valuation roll” and “subdivided” and “subdivide”)— omit.

26 Lands Legislation Amendment No. 67, 1993 SCHEDULE 1 (continued) 3. Section 5(1)— insert— ‘ “approved form” means a form approved by the chief executive; “area” means— (a) an area under the Local Government Act 1936 ; or (b) the area of the City of Brisbane under the CityofBrisbaneAct 1924 ; “improved value” of land has the meaning given by section 5B; “improvements” has the meaning given by section 5D; “mineral” has the meaning given by the Mineral Resources Act 1989 ; “mining lease” means a mining lease to which the Mineral Resources Act1989 applies; “owner” of land has the meaning given by section 5E; “person” includes— (a) a person or entity representing the State; and (b) a society, institute, partnership or other body, even if not incorporated; and (c) a trustee or agent; “petroleum lease” means a petroleum lease under the Petroleum Act 1923 ; “registrar” of the Land Court includes a deputy registrar of the Land Court; “roll” means valuation roll; “subdivide” land has the meaning given by section 5F; “unimproved value” of land has the meaning given by section 5A; “valuation roll” means a valuation roll under section 17(1); “value of improvements” has the meaning given by section 5C; ’.

27 Lands Legislation Amendment No. 67, 1993 SCHEDULE 1 (continued) 4. Section 5(1) (definition “valuation for rental purposes”)— omit ‘ section 11(1)(va) ’, insert ‘ section 11AB ’. 5. Section 5(1) (definition “Valuer”)— omit ‘ and appointed under this Act ’. 6. Section 5(1A)— omit. 7. After section 5 (in Part 1)— insert— ‘Meaning of “owner” ‘5E.(1) An “owner” of land is the person who— (a) is entitled to receive the rent for the land; or (b) would be entitled to receive the rent for the land if it were leased at a rack-rent 1 . ‘(2) However, an owner does not include the State, but includes— (a) a registered proprietor of freehold land; and (b) a purchaser of land to be held as freehold land that is being purchased from the State under an Act; and (c) a lessee of land held from the State, and any manager, overseer or superintendent of the lessee who resides on the land; and (d) the holder or lawful occupier of a mining lease; and (e) a lessee of land held from, or the holder of a licence or permission to occupy from— 1 Rack-rent of land is a rent for the land that is the highest possible rent for the land. It implies that the land is leased commercially.

28 Lands Legislation Amendment No. 67, 1993 SCHEDULE 1 (continued) (i) the Coordinator-General; or (ii) a harbour board under the Harbours Act 1955 or the Port of Brisbane Authority; or (iii) a local authority; or (iv) the Minister administering the Industrial Development Act1963 ; or (v) the Primary Industries Corporation; or (vi) Queensland Railways; and (f) the holder of— (i) an occupation permit or stock grazing permit under the Forestry Act 1959 ; or (ii) a permission to occupy under the Land Act 1962 ; and (g) a licensee under an occupation licence or road licence under the Land Act 1962 . ‘(3) A reference in subsection (2) to a lessee includes, if a person or entity representing the State is the lessee of State land, a sublessee from the person or entity. ‘Meaning of “subdivide” ‘5F.(1) “Subdivide” land means divide land into parts. ‘(2) Land may be divided into parts by— (a) sale, conveyance, transfer or partition; or (b) an agreement, conveyance or instrument between living persons under which a part of the land becomes immediately available for separate disposition or occupation; or (c) the issue of a certificate of title under the Real Property Act 1861 for a part of the land. ‘(3) An agreement, conveyance or instrument mentioned in subsection (2)(b) includes a lease only if—

29 Lands Legislation Amendment No. 67, 1993 SCHEDULE 1 (continued) (a) the lease’s term exceeds 5 years; or (b) the lease’s term, together with any period of renewal available under the lease, exceeds 5 years. ‘Queensland Housing Commission as owner ‘5G. To remove any doubt, the Queensland Housing Commission— (a) is taken to be the owner of land leased by it under the StateHousing Act 1945 ; and (b) may, under Part 6, object to and appeal against the chief executive’s valuation of the land. ’. 8. Section 8 (4th sentence)— omit. 9. Section 8 (last sentence)— omit, insert— ‘ Maximum penalty—10 penalty units. ’. 10. Section 11(1)— omit, insert— ‘11. The chief executive must decide the unimproved value of the land to be valued for the Acts under which local authorities are established. ‘Deciding unimproved value of certain land ‘11AA.(1) For the purpose of deciding the unimproved value of land that is not granted in fee simple, the land is taken to be land granted in fee simple. ’.

30 Lands Legislation Amendment No. 67, 1993 SCHEDULE 1 (continued) 11. Section 11(2)— omit ‘ In making, under subsection (1), the valuation of ’, insert ‘ For the purpose of deciding ’. 12. Section 11(3)— omit ‘ under or in pursuance of the Regulation of Sugar Cane Prices Acts, 1915 to 1951, ’, insert ‘ under the Sugar Industry Act 1991 ’. 13. Section 11(4)— omit ‘ subsections (1) to (10) ’, insert ‘ this Part ’. 14. Section 11(5)— omit ‘ subsections (1) to (10) ’, insert ‘ this Part ’. 15. Section 11(5)(b)— omit ‘ or the Commissioner of Water Resources ’, insert ‘ or the Primary Industries Corporation ’. 16. Section 11(5)(c)— omit, insert ‘ (c) in a lease from Queensland Railways; ’. 17. Section 11(6)— omit, insert— ‘Valuation for rental purposes ‘11AB.(1) The value to be used to determine the rent applying to a lease,

31 Lands Legislation Amendment No. 67, 1993 SCHEDULE 1 (continued) licence or permit under the Land Act 1962 is the unimproved value under this Act. ‘(2) However, sections 5A(4) and 11D do not apply to the determination of a valuation of land for rental purposes for the financial year starting on 1 July 1993 and subsequent years. ’. 18. Section 11(7)— omit ‘ subsection (10) ’, insert ‘ section 11AD(2) ’. 19. Section 11(7)(a)— omit, insert— ‘ (a) section 11AD(1) does not apply; and ’. 20. Section 11(7)— renumber as section 11AB(3). 21. Section 11(8)— omit, insert— ‘Exclusion of timber and minerals ‘11AC. A valuation of the unimproved value of land is not to include the value of timber or minerals on or in the land. ’. 22. Section 11(9)— insert (as heading)— ‘Exclusive use for single dwelling house or farming’. 23. Section 11(9)— renumber as section 11AD(1).

32 Lands Legislation Amendment SCHEDULE 1 (continued) 24. Section 11(10)— omit ‘ In subsection (9) ’, insert ‘ In subsection (1) ’. No. 67, 1993 25. Section 11(10)— renumber as section 11AD(2). 26. Section 11(11)— insert (as heading)— ‘General valuation date’. 27. Section 11(11)— renumber as section 11AE(1). 28. Section 11(13)— omit ‘ subsection (11) ’, insert ‘ subsection (1) ’. 29. Section 11(14)— omit ‘ subsection (11) or (13) ’, insert ‘ subsection (1) or (3) ’. 30. Section 11(12) to (14)— renumber as section 11AE(2) to (4) respectively. 31. Section 11(15) to (23)— omit, insert— ‘Regulation to fix day of effect of general valuation ‘11AF.(1) A regulation may fix a day from which a general valuation is the valuation for all land required to be valued under this Act in the area for

33 Lands Legislation Amendment No. 67, 1993 SCHEDULE 1 (continued) which the valuation was made. ‘(2) The day must not be earlier than 6 months after the regulation is notified. ‘(3) The general valuation applies subject to objection or appeal under this Act. ’. 32. Section 11(24)— insert (as heading)— ‘Chief executive to fix date of other valuations etc.’. 33. Section 11(24)— renumber as section 11AG. 34. Section 11(25)— insert (as heading)— ‘Omissions from valuations’. 35. Section 11(25)— renumber as section 11AH(1). 36. Section 11(26)— omit ‘ under subsection (25) ’. 37. Section 11(26)(a)— omit ‘ subsections (11) to (24) ’, insert ‘ section 11AF(1) ’.

34 Lands Legislation Amendment No. 67, 1993 SCHEDULE 1 (continued) 38. Section 11(27)— omit ‘ under subsection (24) and ’, insert ‘ under section 11AG and, unless an alteration is made under section 13B, ’. 39. Section 11(26) and (27)— renumber as section 11AH(2) and (3) respectively. 40. Section 11(28) and (29)— omit. 41. Section 11A— omit, insert— ‘Chief executive not required to value separately certain mining leases ‘11A.(1) The chief executive is not required to make a separate valuation of land that is the subject of an application for a mining lease. ‘(2) However, subsection (1) does not apply if the applicant for the mining lease may, under the Mineral Resources Act 1989 , go on the land for mining purposes. ’. 42. Section 11B(4)— omit ‘mining tenement ’, insert ‘ mining lease ’. 43. Section 11C (heading)— omit, insert— ‘Valuation of mining leases’.

35 Lands Legislation Amendment SCHEDULE 1 (continued) 44. Section 11C— omit ‘ tenement ’, insert ‘ lease ’. No. 67, 1993 45. Section 11C(4)— omit ‘ in respect thereof pursuant to the Mining Act 1968–1983 ’, insert ‘ under the Mineral Resources Act 1989 ’. 46. Section 11D(2)— omit ‘ section 11(9) and (10) ’, insert ‘ section 11AD ’. 47. Section 12(1) (heading)— omit, insert— ‘Meaning of “unimproved value” ’. 48. Section 12(1) (other than proviso)— renumber (and relocate) as section 5A(1). 49. Section 12(1) (1st and 2nd provisos)— renumber (and relocate) as section 5A(2) and (3) respectively. 50. Section 12(1A)— renumber (and relocate) as section 5A(4).

36 Lands Legislation Amendment SCHEDULE 1 (continued) 51. Section 12(2)(a)— insert (as heading)— ‘Meaning of “improved value” ’. 52. Section 12(2)(a)— renumber (and relocate) as section 5B. 53. Section 12(2)(b)— insert (as heading)— ‘Meaning of “value of improvements” ’. 54. Section 12(2)(b)— renumber (and relocate) as section 5C(1). 55. Section 12(2)(b) (proviso)— renumber (and relocate) as section 5C(2). 56. Section 12(2)(c)— insert (as heading)— ‘Meaning of “improvements” ’. 57. Section 12(2)(c)— renumber (and relocate) as section 5D(1). 58. Section 12(2)(c) (proviso)— renumber (and relocate) as section 5D(2). No. 67, 1993

37 Lands Legislation Amendment SCHEDULE 1 (continued) 59. Section 13(2B)— insert (as heading)— ‘Alteration of valuation’. No. 67, 1993 60. Section 13(2B)— omit ‘ subsection (2) ’, insert ‘ section 13A ’. 61. Section 13(2B)— renumber as section 13B(1). 62. Section 13(2C)— omit ‘ subsection (2)(k) ’, insert ‘ section 13A(1)(k) ’. 63. Section 13(2C) and (2D)— renumber as section 13B(2) and (3). 64. Section 13(3)— insert (as heading)— ‘Valuation may be made if land becomes taxable or rateable’. 65. Section 13(3)— omit ‘ this section ’, insert ‘ section 13A ’. 66. Section 13(3)— omit ‘ and/or ’, insert ‘ or ’.

38 Lands Legislation Amendment SCHEDULE 1 (continued) 67. Section 13(3)— renumber as section 13C. No. 67, 1993 68. Section 13(4) (1st sentence)— insert (as heading)— ‘Valuation on area change’. 69. Section 13(4) (1st sentence)— omit ‘ , notwithstanding any other provision of this section, ’. 70. Section 13(4) (1st sentence)— renumber as section 13D(1). 71. Section 13(4) (2nd sentence)— omit ‘ pursuant to this subsection ’, insert ‘ under this section ’. 72. Section 13(4) (2nd sentence)— renumber as section 13D(2). 73. Section 13(5) (1st sentence)— insert (as heading)— ‘Valuation on inclusion of land in an area’. 74. Section 13(5) (1st sentence)— omit ‘ section 11(11) or (13) ’, insert ‘ section 11AE ’.

39 Lands Legislation Amendment SCHEDULE 1 (continued) 75. Section 13(5) (1st sentence)— renumber as section 13E(1). 76. Section 13(5) (2nd sentence)— omit ‘ this subsection ’, insert ‘ this section ’. 77. Section 13(5) (2nd sentence)— renumber as section 13E(2). 78. Section 13(6)— omit. 79. Section 13(7)— insert (as heading)— ‘Status of valuation’. 80. Section 13(7)— omit ‘ pursuant to a provision of this section ’. 81. Section 13(7)— renumber as section 13F. 82. Section 16 (heading)— omit, insert — ‘Giving information and access’. No. 67, 1993

40 Lands Legislation Amendment SCHEDULE 1 (continued) 83. Section 16(1)— omit ‘ prescribed form ’, insert ‘ approved form ’. No. 67, 1993 84. Section 16(3) (heading)— omit. 85. Section 16A— omit. 86. Section 16B(1)— omit, insert— ‘16B.(1) The chief executive must make annually a valuation of all land in an area in a period starting when a general valuation for the area first takes effect and ending when the next general valuation for the area has effect. ’. 87. Section 16J(6)— omit, insert— ‘(6) Sections 21AB to 21A and section 22 apply, with any necessary changes, to an appeal under this section. ’. 88. Section 16J(7)— omit ‘ section 21(8) ’, insert ‘ section 21AL ’. 89. Section 17(1)— omit ‘ prescribed form ’, insert ‘ approved form ’.

41 Lands Legislation Amendment SCHEDULE 1 (continued) 90. Section 17(1)(a)— omit, insert— ‘ (a) the owner’s name and postal address; ’. No. 67, 1993 91. Section 17(1)(e)— omit, insert— ‘ (e) in the case of a general valuation—at any time after a regulation under section 11AF is notified in the Gazette; and ’. 92. Section 17(1A)— omit. 93. Section 18(a)— omit ‘ and pursuant to section 13 of this Act ’, insert ‘ section 13B ’. 94. Section 19(1)— omit ‘ prescribed form ’, insert ‘ approved form ’. 95. Section 19(3)— omit, insert— ‘(3) If all land in an area is valued, a notice of valuation must be issued not earlier than the notification of the regulation fixing a day under section 11AF, and not later than 3 months before the day fixed. ’. 96. Section 19(4)— omit ‘ by the Governor in Council ’.

42 Lands Legislation Amendment SCHEDULE 1 (continued) 97. Section 19A(4)— omit. No. 67, 1993 98. Section 20(1)— omit ‘ or District Valuer for the District wherein the subject land is situate ’. 99. Section 20(2) (4th sentence)— omit ‘ section 21 of this Act ’, insert ‘ sections 21 to 21A ’. 100. Section 20(2) (1st to 4th sentences)— renumber as section 20A(1) to (4) respectively. 101. Section 20(2A)(a)— omit ‘ pursuant to subsection (2) of this section ’, insert ‘ under this section ’. 102. Section 20(2A)(e)(iii)— omit ‘ pursuant to subsection (3) of this section ’, insert ‘ under section 20B ’. 103. Section 20(2A)(a) to (e)— renumber as section 20A(5) to (9) respectively. 104. Section 20(2A)(f)— omit ‘ Subject to this subsection, a ’, insert ‘ A ’.

43 Lands Legislation Amendment SCHEDULE 1 (continued) 105. Section 20(2A)(f)— renumber as section 20A(10). No. 67, 1993 106. Section 20(3)(a)— omit ‘ without reference to any postponement of such date under section 11(17) to (21) ’. 107. Section 20(3)— renumber as section 20B(1). 108. Section 20(4)— omit ‘ Notwithstanding the forgoing provisions of this section, where— ’, insert ‘ If— ’. 109. Section 20(4)(a)— omit ‘ pursuant to subsection (1), ’. 110. Section 20(4)(c)— omit ‘ section 13(2) to (2C) ’, insert ‘ section 13A or 13B ’. 111. Section 20(4)— renumber as section 20B(2). 112. Section 20(5)— omit ‘ subsection (4) ’, insert ‘ subsection (2) ’.

44 Lands Legislation Amendment SCHEDULE 1 (continued) 113. Section 20(5)— renumber as section 20B(3). 114. Section 21(1)— omit ‘ Subject to this section an ’, insert ‘ An ’. 115. Section 21(3)— insert (as heading)— ‘How to start an appeal’. 116. Section 21(3) (1st sentence)— omit ‘ under this section ’. 117. Section 21(3) (1st to 4th sentences)— renumber as section 21AA(1) to (4) respectively. 118. Section 21(3A)— insert (as heading)— ‘Late filing’. 119. Section 21(3A)(a)— omit ‘ subsection (2) ’, insert ‘ section 21(2) ’. 120. Section 21(3A)(a)— renumber as section 21AB(1). No. 67, 1993

45 Lands Legislation Amendment SCHEDULE 1 (continued) 121. Section 21(3A)(a)(i) and (ii)— renumber as section 21AB(1)(a) and (b) respectively. 122. Section 21(3A)(b)(i)— omit ‘ paragraph (a)(ii) ’, insert ‘ subsection (1)(b) ’. 123. Section 21(3A)(b)— omit ‘ subsection (2) ’, insert ‘ section 21(2) ’. 124. Section 21(3A)(b)— renumber as section 21AB(2). 125. Section 21(3A)(b)(i) and (ii)— renumber as section 21AB(2)(a) and (b) respectively. 126. Section 21(3A)(c)— omit ‘ this subsection ’, insert ‘ this section ’. 127. Section 21 (3A)(c)— renumber as section 21AB(3). 128. Section 21(3B)— insert (as heading)— ‘Defect in notice of appeal—action of registrar’. 129. Section 21(3B)(a)— omit ‘ subsection (3) ’, insert ‘ section 21AA ’. No. 67, 1993

46 Lands Legislation Amendment SCHEDULE 1 (continued) 130. Section 21(3B)(a) and (b)— renumber as section 21AC(1) and (2) respectively. 131. Section 21(3B)(c)— omit ‘ subsection (3) ’, insert ‘ section 21AA ’. 132. Section 21(3B)(c) and (d)— renumber as section 21AC(3) and (4) respectively. 133. Section 21(3B)(e)(i)— omit ‘ subsection (2) ’, insert ‘ section 21(2) ’. 134. Section 21(3B)(e)(ii)— omit ‘ subsection (3) ’, insert ‘ section 21AA ’. 135. Section 21(3B)(e)— omit ‘ subsection (3A) ’, insert ‘ section 21AB ’. 136. Section 21(3B)(e)— omit ‘ this subsection ’, insert ‘ this section ’. 137. Section 21(3B)(e)— renumber as section 21AC(5). 138. Section 21(3B)(e)(i) and (ii)— renumber as section 21AC(5)(a) and (b) respectively. No. 67, 1993

47 Lands Legislation Amendment SCHEDULE 1 (continued) 139. Section 21(3B)(f)— omit ‘ This subsection ’, insert ‘ This section ’. 140. Section 21(3B)(f)— omit ‘ this section ’, insert ‘ this Act ’. 141. Section 21(3B)(f)— renumber as section 21AC(6). 142. Section 21(3C)— insert (as heading)— ‘Defect in notice of appeal—action of Land Court’. 143. Section 21(3C)(a)— omit ‘ subsection (3) ’, insert ‘ section 21AA ’. 144. Section 21(3C)(a) and (b)— renumber as section 21AD(1) and (2) respectively. 145. Section 21(3C)(c)— omit ‘ subsection ’, insert ‘ section ’. 146. Section 21(3C)(c)— renumber as section 21AD(3). 147. Section 21(3C)(d)— omit ‘ Paragraph (a) ’, insert ‘ Subsection (1) ’. No. 67, 1993

48 Lands Legislation Amendment SCHEDULE 1 (continued) 148. Section 21(3C)(d)— omit ‘ subsection (3B) ’, insert ‘ section 21AC ’. No. 67, 1993 149. Section 21(3C)(d)— renumber as section 21AD(4). 150. Section 21(3C)(d)(i) and (ii)— renumber as section 21AD(4)(a) and (b) respectively. 151. Section 21(3D)— insert (as heading)— ‘Jurisdiction not affected by failure to serve chief executive’. 152. Section 21(3D)— omit ‘ subsection (3) ’, insert ‘ section 21AA ’. 153. Section 21(3D)— renumber as section 21AE. 154. Section 21(3E)— insert (as heading)— ‘Defect in notice of appeal served on chief executive’. 155. Section 21(3E)— omit ‘ subsection (3) ’, insert ‘ section 21AA ’.

49 Lands Legislation Amendment SCHEDULE 1 (continued) 156. Section 21(3E)— renumber as section 21AF. 157. Section 21(3F)— insert (as heading)— ‘Costs on adjournment’. 158. Section 21(3F)— omit ‘ under this section ’. 159. Section 21(3F)— omit ‘ subsection (3) ’, insert ‘ section 21AA ’. 160. Section 21(3F)— renumber as section 21AG. 161. Section 21(4)— insert (as heading)— ‘Constitution of Land Court at first instance’. 162. Section 21(4)— omit ‘ this section ’, insert ‘ section 21 ’. 163. Section 21(4)— renumber as section 21AH. No. 67, 1993

50 Lands Legislation Amendment SCHEDULE 1 (continued) 164. Section 21(5)— insert (as heading)— ‘Appeal to Land Appeal Court’. 165. Section 21(5) (1st sentence)— omit ‘ this section ’, insert ‘ section 21 ’. 166. Section 21(5) (1st to 3rd sentences)— renumber as section 21AI(1) to (3) respectively. 167. Section 21(6)— insert (as heading)— ‘Appeal to Court of Appeal’. 168. Section 21(6)— renumber as section 21AJ. 169. Section 21(7)— insert (as heading)— ‘Order of Court’. 170. Section 21(7)— omit ‘ this section ’, insert ‘ section 21 ’. 171. Section 21(7)— renumber as section 21AK. No. 67, 1993

51 Lands Legislation Amendment SCHEDULE 1 (continued) 172. Section 21(8)— insert (as heading)— ‘Practice and procedure for appeals’. 173. Section 21(8) (1st sentence)— omit ‘ Subject to this section the ’, insert ‘ The ’. 174. Section 21(8) (1st sentence)— omit ‘ this section ’, insert ‘ an appeal under section 21, 21AI or 21AJ. ’. 175. Section 21(8) (1st sentence)— renumber as section 21AL(1). 176. Section 21(8) (2nd sentence)— omit ‘ under such last mentioned Acts ’. 177. Section 21(8) (2nd sentence)— omit ‘ Court of Appeal under this section ’, insert ‘ Court of Appeal under section 21AJ ’. 178. Section 21(8) (2nd sentence)— omit ‘ appeals under this section ’, insert ‘ appeals under section 21, 21AI or 21AJ ’. No. 67, 1993

52 Lands Legislation Amendment SCHEDULE 1 (continued) 179. Section 21(8) (2nd sentence)— renumber as section 21AL(2). No. 67, 1993 180. Section 21(9)— omit ‘ under this section ’, insert ‘ on an appeal under section 21, 21AI or 21AJ ’. 181. Section 21(9)— renumber as section 21AJ(3). 182. Section 21B— omit ‘ pursuant to paragraph (g) of subsection (2) of section 13 of this Act where such ’, insert ‘ under sections 13A(1)(g) and 13B if the ’. 183. Section 26(1)(ba)— omit ‘ by the Governor in Council under section 11(15) ’, insert ‘ under section 11AF ’. 184. Section 26(2) (heading)— omit. 185. Section 26(2)— omit ‘ prescribed form ’, insert ‘ approved form ’.

53 Lands Legislation Amendment SCHEDULE 1 (continued) 186. Section 27 (heading)— omit, insert— ‘Other valuations’. No. 67, 1993 187. Section 27(1) and (2)— omit, insert— ‘27.(1) The chief executive may value real or personal property for a person if the person asks. ‘(2) The person must pay the prescribed fee for the valuation. ’. 188. Section 27(3)— omit ‘ and/or ’, insert ‘ or ’. 189. Section 27(3)— omit ‘ requirement ’, insert ‘ request ’. 190. Section 28 (heading)— omit, insert— ‘Roll extracts and other information’. 191. Section 28(3) (heading)— omit. 192. Section 29— omit ‘ and notwithstanding the provisions of section 8 of The Trustees and Executors Act of 1897 ’, insert ‘ , despite section 27(1) of the Trusts Act 1973 ’.

54 Lands Legislation Amendment SCHEDULE 1 (continued) 193. Section 29A (2nd sentence)— omit. 194. Section 31— omit ‘ prescribed form ’, insert ‘ approved form ’. 195. Section 31A(1)(b)— omit ‘ land registration authority ’, insert ‘ land registry ’. 196. Section 32 (heading)— omit, insert— ‘Returns’. 197. Section 32(1)— omit ‘ prescribed form ’, insert ‘ approved form ’. 198. Section 32(1)— omit ‘ and/or ’, insert ‘ and ’. 199. Section 32(2) (heading)— omit. 200. Section 32(4) (heading)— omit. 201. Section 32(6)— omit ‘ etc., ’. No. 67, 1993

55 Lands Legislation Amendment SCHEDULE 1 (continued) 202. Section 37 (heading)— omit ‘Power of Governor in Council as to’, insert ‘Regulations about’. No. 67, 1993 203. Section 37 (1st sentence)— omit ‘ the Governor in Council may, by order in council from time to time, appoint ’, insert ‘ a regulation may fix ’. 204. Section 37 (2nd sentence)— omit ‘ appointed by such order ’, insert ‘ fixed by the regulation ’. 205. Section 38 (2nd sentence)— omit. 206. Section 41 (2nd sentence)— omit. 207. Section 42(b)— omit. 208. Section 45— omit ‘ , viz.: ’. 209. Section 46(7)— omit ‘ , whether before or after the commencement of the Valuation ofLand Act Amendment Act 1974 , ’.

56 Lands Legislation Amendment No. 67, 1993 SCHEDULE 1 (continued) 210. After section 46— insert— ‘Chief executive may approve forms ‘46AA. The chief executive may, by Gazette notice, approve a form for the purposes of this Act. ’. 211. Section 46A— omit ‘ A form that is a prescribed form for the purposes of ’, insert ‘ An approved form under ’. 212. Section 46A(a)— omit, insert— ‘ (a) be combined with, and form part of, an approved or prescribed form under the Foreign Ownership of Land Register Act 1988 or another Act; or ’. 213. Section 47— omit, insert— ‘Regulations ‘47.(1) The Governor in Council may make regulations for the purposes of this Act. ‘(2) A regulation may be made with respect to— (a) the powers and duties of valuers; and (b) the form of the valuation roll; and (c) the fees payable under this Act; and (d) offences for contravention of a regulation and the maximum penalties, of not more than 1 penalty unit, for the offences.

57 Lands Legislation Amendment No. 67, 1993 SCHEDULE 1 (continued) ‘Numbering and renumbering of Act ‘48. In the first reprint of the Act produced under the Reprints Act 1992 , section 43 (Numbering and renumbering of provisions) of that Act must be used. ’.

58 Lands Legislation Amendment No. 67, 1993 ¡ SCHEDULE 2 REPEALS section 4 Valuation of Land (Annual Adjustment) Act 1984 Valuation of Land Act and Other Acts Amendment Act 1985 The State of Queensland 1993