Miners' Homestead Leases Acts Amendment Act of 1964 (Qld)

102 (f ttccltshttttt ANNO TERTIO DECIMO ELIZABETHAE SECUNDAE REGINAE No. 9 of 1964 An Act to Amend "The Miners ' Homestead Leases Acts, 1913 to 1957" in certain particulars [ASSENTED TO 3RD APRIL, 1964] 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. (1) Short title . This Act may be cited as " The Miners' Homestead Leases Acts Amendment Act of 1964." (2) Principal Act. In this Act " The Miners' Homestead Leases Acts, 1913 to 1957 " are referred to as the Principal Act. (3) Collective title . The Principal Act and this Act may be collectively cited as " The Miners' Homestead Leases Acts, 1913 to 1964." 2. Amendments to s. 3 . Section three of the Principal Act is amended by- (a) inserting before the definition " Lessee " the following definition:- Land Court "-The Land Court preserved, continued in existence and constituted by and under "The Land Acts, 1962 to 1963 "9919 (b) in paragraph (i) of the definition " Qualified person (i) omitting subparagraph (a); (ii) renumbering subparagraphs (b), (c) and (d) as subparagraphs (a), (b) and (c) respectively;

Miners' Homestead Leases Acts Amendment Act of 1964, No. 9 103 (c) inserting after the definition " Qualified person " the following definition:- " Waarrddeenn "-In relation to a particular miner's homestead, the warden to whose court the mining field within which such miner's homestead is situated is assigned.". 3. Amendments to s. 21 . Section twenty-one of the Principal Act is amended by- (a) in subsection (1), omitting the words " six months " where those words appear and inserting in their stead the words " twelve months "; (b) omitting subsection (6) and inserting in its stead the following subsection:- " (6.) Upon the completion of a survey of the land and the approval of the plan relating thereto by or on behalf of the Minister, the applicant or purchaser shall be entitled to a miner's homestead perpetual lease of the land so surveyed, and such lease may thereupon be issued." 4. Amendments to s. 25 . Section twenty-five of the Principal Act is amended by- (a) in subsection (1)- (i) inserting after the word " lessee " where that word first appears the words " or an applicant for a lease under this Act or a purchaser of land offered for sale under this Act "; (ii) omitting the words " after the issue of his lease "; (iii) inserting after the word " homestead " the words " or, as the case may be, of the land comprised in his application for a lease under this Act or of the land purchased by him under this Act,"; (b) in subsection (4), inserting after the words " included therein " the brackets and words "(whether the same has been issued or shall thereafter be issued)". 5. Enactment of new s. 29A. The Principal Act is amended by inserting after section twenty-nine the following section:- " [29A.] Dealings by minors . Notwithstanding any Act or rule or practice of law, any person of the age of eighteen years but under the age of twenty-one years, and who is otherwise a qualified person, may acquire, transfer, sub-lease, mortgage or otherwise deal with any miner's homestead or any interest therein or with any interest in any land the subject of an application or purchase made under this Act, or may agree so to do, to the same extent and as fully and effectually in law as if he were of the age of twenty-one years, and every agreement, transfer, sub-lease, mortgage or document evidencing any acquisition or other dealing with the same whereto such person is a party, shall be legally binding upon such person and enforceable by or against him accordingly." 6. Repeal of and new s. 37. Section thirty-seven of the Principal Act is repealed and the following section is inserted in its stead:- " [37.] Resumption and compensation . (I.) Notwithstanding anything contained in this Act, the Minister may at any time cause to be given to the lessee of a miner's homestead or to some person acting on his behalf or on behalf of his estate notice of his intention to recommend to the Governor in Council that the whole or any part of the miner's homestead specified in such notice be resumed.

104 Miners' Homestead Leases Acts Amendment Act of 1964, No. 9 (2.) Upon the expiration of six months from the date of such notice of intention the Governor in Council may, by notice of resumption published in the Gazette, resume the whole or that part of such miner's homestead specified in such notice of intention if such miner's homestead or, as the case may be, that part, is not then mortgaged to The Corporation of the Agricultural Bank or The Queensland Housing Commission or under the War Service Homes Act1918-1962. (3.) The Minister shall cause a copy of the notice of resumption to be given to the lessee of the land resumed or to some person acting on his behalf or on behalf of his estate. (4.) Upon the resumption of the whole or any part of a miner's homestead the lessee shall be entitled to receive compensation in respect of- (a) The value of his interest in the land resumed; (b) The value of his interest in the improvements on the land resumed ; (c) The damage, if any, caused by- (i.) The severing of the land resumed from other land in which the lessee has any estate or interest; or (ii.) The use to which the resumed land is put otherwise injuriously affecting such other land. (5.) There shall be taken into account, by way of set-off or abatement against the amount of compensation otherwise payable in respect of land resumed under this section, any enhancement in the value of the estate or interest of the lessee in other land from which the land resumed is severed and the improvements thereon due to the employment of the land resumed for the purpose for which it is resumed: Provided that in no case shall the lessee be required to make any payment on account of such enhancement in value. (6.) Compensation payable under this section shall be assessed as at the date of the publication in the Gazette of the notice of resumption in relation to which such compensation becomes payable. (7.) If, in relation to a resumption under this section, there is no agreement between the Minister and the lessee or, as the case may be, some person acting on his behalf or on behalf of his estate, within one month after the date of the publication in the Gazette of the notice of resumption with respect to the compensation payable, the lessee or such person shall, within six months after the date on which a copy of the notice of such resumption has been given to him under this section, lodge with the warden a claim for such compensation. Upon receipt of such a claim the warden shall forthwith notify the Minister thereof and shall, as soon as practicable thereafter assess and determine in accordance with this section the amount of compensation. payable to the lessee in relation to such resumption. If, in the absence of any such agreement, a claim for compensation is not lodged by the lessee or by some person on his behalf or on behalf of his estate within the period specified in this subsection, or within such extended period thereafter as the Minister may allow (which extension the Minister is hereby empowered to allow whether the aforesaid specified period has or has not then expired) the claim of such lessee, or of his estate, as the case may be, to compensation shall be absolutely barred.

Miners ' Homestead Leases Acts Amendment Act of 1964, No. 9 105 (8.) If any party to a determination made by a warden under this section, or any person acting on behalf of such party or on behalf of his estate, wishes to dispute such determination he shall, within one month after the date on which notice of such determination is given to him, refer the question of the assessment and determination of such compensation to the Land Court by filing in the office of the Registrar of that court a copy of the claim of such party with respect to such compensation and such other particulars as the Registrar may require. Upon such a reference the Land Court, if it is satisfied that this subsection has been complied with, shall hear and determine in accordance with this section the matter of compensation payable to the lessee in relation to such resumption. The decision of the Land Court shall be final and binding upon all parties to such reference. (9.) A notice or copy notice referred to in this section and to be given to any person may be so given by either- (a) Causing such notice or copy notice to be served on that person personally; or (b) Causing such notice or copy notice to be sent by prepaid post letter addressed to the usual or last known place of business or residence of that person."