Miners' Homestead Leases Acts Amendment Act of 1965 (Qld)

778 fQuerrtsl zt ANNO QUARTO DECIMO ELIZABETHAE SECUNDAE REGINAE No. 56 of 1965 An Act to Amend "The Miners' Homestead Leases Acts, 1913 to 1964," in certain particulars [ASSENTED TO 16TH DECEMBER, 1965] 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 1965." (2) Principal Act. " The Miners' Homestead Leases Acts. 1913 to 1964," are in this Act 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 1965."

Miners ' Homestead Leases Acts Amendment Act of 1965, No. 56 779 2. Amendments of s. 3 . Section three of the Principal Act is amended by inserting after the definition " Qualified person " the following definitions:- " RReeggistrar of Dealings "-The officer of the Department of Lands charged with the duty of recording dealings affecting lands under " The Land Acts, 1962 to 1965 "; Registrar of Titles "-The term includes the Deputy Registrars of Titles for the Central District and Northern District, respectively under and within the meaning of " The Real Property (Local Registries) Act of 1887 "; ". 3. Amendments of s. 6 . Section six of the Principal Act is amended by- (a) in subsection (1)- (i) in the paragraph commencing with the words " Within the boundaries ", inserting after the words " One acre " the words " or such greater area than one acre not exceeding ten acres as the Governor in Council upon the report of the warden may approve "; (ii) omitting the paragraph commencing with the words " Not more than one mile "; (iii) in the paragraph commencing with the words " More than one mile from the nearest boundary ", omitting those words and inserting in their stead the words " Outside the boundaries "; and (b) omitting subsection (3). 4. Insertion of new ss. 29B and 29C. The Principal Act is amended by inserting after section 29A the following sections :- " [298.1 Registration of Easements . (1) Where in the opinion of the Minister it is desirable to permit the registration of an easement affecting any land comprised in a miner's homestead, whether as between the Crown and the lessee, or as between the lessee and any other person, or as amongst the Crown and the lessee and any other person, the Minister may approve that such easement be registered in the appropriate register kept in the warden's office. The application shall be accompanied by- (a) the instrument of such easement or, where such instrument has been lodged with the Registrar of Titles or the Registrar of Dealings, a copy of such instrument; and (b) correct plans and descriptions showing the proposed easement certified to by an authorized surveyor. Upon registration of an easement, the miner's homestead affected by the easement shall be subject to the easement as an encumbrance running with the land. Every easement so registered shall be noted on the instrument of the lease of the land for the purpose of being annexed to or used and enjoyed together with which it has been created. Upon the registration of an easement, the instrument of such easement or, where such instrument has been lodged with the Registrar of Titles or the Registrar of Dealings, a copy of such instrument shall be retained in the warden's office and a copy thereof, endorsed as to registration, shall be forwarded by the warden to the Department of Mines.

780 Miners' Homestead Leases Acts Amendment Act of ! 965, No. 56 (2) Whenever any easement affecting land comprised in a miner's homestead is created for the purpose of being used and enjoyed by the Crown in right of this State, any Crown corporation or instrumentality of this State, or corporation or instrumentality representing the Crown in right of this State, or any Local Authority, such easement may be registered in the warden's office notwithstanding that it is not being annexed to or used and enjoyed together with any other land whether under the provisions of this Act or not. (3) When the Crown is the grantee of an easement the Governor in Council may authorize the Minister to execute on behalf of the Crown any instrument or deed by which such easement is created and execution as aforesaid shall be good and sufficient execution on behalf of the Crown. [29C.) Noting of Easement on Title , &c. (1) Whenever any easement- (a) affecting any land under the provisions of " The Real Property Acts, 1861 to 1963," or any land comprised in a reserve or holding under the provisions of " The Land Acts, 1962 to 1965," is created for the purpose of being annexed to or used and enjoyed together with any land comprised in a miner's homestead under the provisions of this Act; (b) affecting any land comprised in a miner 's homestead is created for the purpose of being annexed to or used and enjoyed together with any land under the provisions of " The Real Property Acts, 1861 to 1963," or any land comprised in a reserve or holding under the provisions of " The Land Acts, 1962 to 1965 ", the Registrar of Titles or the Registrar of Dealings, as the case may be, shall, when he shall have notice thereof, note such easement upon the folium of the register book constituted by the existing grant or certificate of title of the land under the provisions of " The Real Property Acts, 1861 to 1963," or on such lease, license or instrument under " The Land Acts, 1962 to 1965," affected thereby in such manner as to preserve its priority or enter a memorial of the instrument creating such easement upon the folium of the register book constituted by the existing grant or certificate of title or, as the case may be, on such lease, license or instrument for the purpose of being annexed to or used and enjoyed together with which, such easement has been created. (2) An easement mentioned in subsection (1) of this section shall not be registered in the warden's office until the Registrar of Titles or, as the case may be, the Registrar of Dealings has noted such easement or, as the case requires, entered a memorial of the instrument creating same as prescribed by the said subsection (1). (3) Every instrument creating any easement mentioned in subsection (1) of this section shall be lodged in triplicate in the Real Property Office or. as the case may be, the Department of Lands and the Registrar of Titles or the Registrar of Dealings shall forward two copies of such instrument to the warden as soon as may be after he has noted the easement or. as the case requires, entered a memorial of such instrument upon the folium of the register book constituted by the existing grant or certificate of title or on such lease, license or instrument of the land concerned.

Miners' Homestead Leases Acts Amendment Act of 1965, No. 56 781 The registration fee prescribed by the regulations under this Act shall be paid to the Registrar of Titles or the Registrar of Dealings when the instrument of easement is lodged in triplicate in his office in addition to the registration fee payable to him and the firstmentioned fee shall be remitted to the warden with the copies of the instrument. (4) 1 he term " easement " where used in this section and in section 29B of this Act includes a right of way."