Miners' Homestead Leases Act Amendment Act 1976 (Qld)

531 wlue tslxxt^ ANNO VICESIMO QUINTO ELIZABETHAE SECUNDAE REGINAE No. 57 of 1976 An Act to amend the Miners ' Homestead Leases Act 1913-1975 in certain particulars [ASSENTED TO 3RD NOVEMBER, 19761 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation. (1) This Act may be cited as the Miners' Homestead Leases Act Amendment Act 1976. (2) The Miners' Homestead Leases Act 1913-1975 is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Miners' Homestead Leases Act 1913-1976. 2. Amendment of s. 6. Section 6 of the Principal Act is amended by inserting after the words " greater area than 32 hectares " in subsection (1) the words " not exceeding ". 3. Amendment of s. 12. Section 12 of the Principal Act is amended by adding at the end thereof the following paragraphs:- " Before recommending the imposition of such a condition, the warden shall obtain a report and valuation of such

532 Miners' Homestead Leases Act Amendment Act 1976, No. 57 improvements and shall require the applicant and any person who appears to the warden to be the owner of those improvements to furnish a valuation or claim in respect thereof. Subject to section 12A, the warden may at any time fix the value of such improvements notwithstanding that any person has failed to furnish a valuation or claim. Any person who has furnished a valuation or claim under this section may inspect and take copies or extracts of any other valuation or claim so furnished in respect of the improvements the subject of his valuation or claim.". 4. New s. 12A. The Principal Act is amended by inserting after section 12 as amended by this Act the following section:- " 12A. Notification of and objections to value of improvements fixed by the warden . (1) Before fixing the value of improvements under section 12, the warden shall give notice in writing to the applicant and to the person who appears to the warden to be the owner of those improvements (which :persons are hereinafter referred to as." the parties ") of the value that, subject to objection, he intends to fix for those improvements. (2) Such notice shall state that each of the parties may within the time (being not less than 21 days from the giving of the notice) specified therein lodge on the prescribed form at the warden's office a notice of objection to that value. (3) (a) At any. time before the date specified in the notice referred to in subsection (1) each of the parties may lodge in the prescribed form at the warden's office his notice of objection to that value. (b) Such notice of objection shall state clearly and concisely the grounds of the objection and the objection shall be limited to those grounds and the burden of proving those grounds shall be on the objector. (c) The warden shall forward a copy of each valid notice of objection received by him to each of the parties (other than the objector). (d) The warden shall hear the objections and his decision shall be final. (e) If more than one notice of objection is received in relation to the same improvements (or part thereof) the warden shall hear and determine all objections concurrently and each objector shall be a party to the proceeding. (f) Where a notice of objection has been received from any of the parties then each of the parties, irrespective of whether he has duly objected under this section or not, may be a party to the proceeding. (g) All parties to the proceeding shall have the right to adduce evidence and address the warden. (4) The value of improvements fixed by the warden pursuant to section 12 shall be- (a) where no valid notice of objection is received at the office of the warden within the period specified in the notice referred. to in subsection (3), the value referred to in subsection (1).; or

Miners' Homestead Leases Act Amendment Act 1976, No. 57 533 (b) where a valid notice of objection is received at the office of the warden, the value determined by the warden pursuant to subsection (3).". 5. New s. 19A. The Principal Act is amended by inserting after section 19 the following section:- " 19A. Objection to value fixed for improvements . (1) When a notification which is to be or has been published pursuant to section 17 declares the value to be paid for improvements on land, the warden shall notify the person who appears to the warden to be the owner of those improvements of that value. (2) Such notice shall state that the owner of those improvements may within the time (being not less than 21 days from the giving of the notice) specified therein lodge in the prescribed form at the warden's office a notice of objection to that value. (3) (a) At any time before the date specified in the notice given under subsection (2), the owner of the improvements may lodge in the prescribed form at the warden's office his notice of objection to that value. (b) Such notice of objection shall state clearly and concisely the grounds of the objection and the objection shall be limited to those grounds and the burden of proving those grounds shall be on the objector. (c) The warden shall hear the objection, determine the value of the improvements and his decision shall be final. (d) The objector shall have the right to adduce evidence and to address the warden. (4) (a) If a notice of objection has been duly lodged and before the advertised date of the auction of the land upon which such improvements are situated- (i) the objection is upheld; or (ii) the warden has not given his decision upon objection, that land shall be withdrawn from sale at that auction. (b) The Governor in Council may at any time within a period not exceeding 3 months after the warden has given his decision upon objection again declare in accordance with sections 17 and 19. The value of the improvements declared in the notification shall be the value determined by the warden under subsection (3). There shall be no right to object to the value of improvements in a notification published under this paragraph.". 6. Amendment of s. 29. Section 29 of the Principal Act is amended by omitting from subsection (6) the word " tenour " and substituting the word " tenor ". 7. New s. 2^AB. The Principal Act is amended by inserting after section 29AA the following section:- " 29AB. Recording of certain dealings and changes of status. (1) A mortgage of a miner's homestead or sublease may (and it is hereby declared always could) be discharged.

534 Miners' Homestead Leases Act Amendment Act 1976, No. 57 The discharge of a mortgage shall (and it is hereby declared always could) be registered in the warden's office upon payment of the prescribed fees which may include additional fees for endorsing memorials of the discharge on each lease the subject of the mortgage. (2) Upon payment of the prescribed fees- (a) the marriage of a female lessee, sublessee or mortgagee; (b) the change of name of a lessee, sublessee or mortgagee; and (c) the death of a lessee, sublessee or mortgagee holding as a joint tenant, shall (and it is hereby declared always could) be recorded in the warden's office.". 8. Amendment of s. 29B. Section 29B of the Principal Act is amended in the second paragraph of subsection (1) by- (a) omitting the word " and " appearing at the end of provision (a); (b) inserting after the word " surveyor " in provision (b) the following expression and words:- . " 9 and (c) the prescribed examination and registration fees ".