Mining Titles Freeholding Act Amendment Act 1983 (Qld)

529 (Queexte-lattb ANNO TRICESIMO SECUNDO ELIZABETHAE SECUNDAE REGINAE No. 51 of 1983 An Act to amend the Mining Titles FreeholdingAct 1980- 1982 in certain particulars and for other purposes [ASSENTED TO 15TH D ECEMBER, 1983]

530 Mining Titles Freeholding Act Amendment Act 1983, No. 51 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the __..gislative 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 Mining Titles Freeholding Act Amendment Act 1983. (2) In this Act, the Mining Titles Freeholding Act1980-1982 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Mining Titles Freeholding Act1980-1983. 2. Savings and transitional . (1) Where an application has been made, before the commencement of this Act, under Part III of the Principal Act and, prior to that commencement, the applicant had made an election under section 15 of the Principal Act, the provisions of the Principal Act shall continue to apply as if this Act had not been passed. (2) Where an application has been made, before the commencement of this Act, under Part III of the Principal Act but, prior to that commencement, the applicant has not made an election under section 15 of the Principal Act- (a) the Principal Act as amended by this Act shall apply; and (b) the application shall be deemed to be an application made after the commencement of this Act, and for those purposes- (c) an approval by the Minister of an application given before that commencement shall continue to have full force and effect; (d) a hearing before a Wardens Court shall not be commenced or shall not be continued; (e) a Wardens Court shall not determine the unimproved value of the land; (f) a determination of the unimproved value of the land by the Wardens Court (whether made before or after that commencement) shall have no force or effect; (g) the hearing of an appeal against the determination of the Wardens Court before the Land Court shall not be commenced or shall not be continued; and (h) a determination of the Land Court, whether made before or after that commencement, on an appeal against the determination of the Wardens Court (other than an order as to costs) shall have no force or effect. 3. Amendment of s. 4 . Interpretation . Section 4 of the Principal Act is amended by omitting the definition " unimproved value ".

Mining Titles Freeholding Act Amendment Act 1983, No. 51 531 4. New s. 8A. The Principal Act is amended in Part III by inserting before section 9 the following section:- " 8A. Unimproved value. For the purposes of this Part, in respect of an application for a grant in fee simple of land comprised in a miner's homestead perpetual lease or, as the case may be, business area or residence area under this Part made, whether before or after the commencement of the Mining Titles Freeholding Act Amendment Act 1983, but in respect to which the applicant has not, before that commencement, made an election under section 15, the unimproved value of the land shall be- (a) in the case of land exclusively used for purposes of the business of primary production as defined in section 11 (1) of the Valuation of Land Act1944-1980, the amount that would have been the effective valuation of the unimproved value of the land had a valuation made under that Act taken effect- (i) where a valuation made by the Valuer-General under that Act took effect prior to 31 December 1980, as at the date of the valuation last taking effect before that date; or (ii) where no valuation had been made by the Valuer- General under that Act prior to 31 December 1980, as at the date that the first valuation made (whether before or after the date of the application made under this Part) under that Act takes or took effect after 31 December 1980, had paragraph (vii) of subsection (1) of section 11 of that Act not been enacted; or (b) in any other case, the amount of the valuation of the unimproved value of the land made by the Valuer- General under the Valuation of Land Act1944-1980 which valuation last took effect prior to 31 December 1980 or, where no such valuation had been made, the amount of the valuation of the unimproved value of the land made under that Act that first takes or took effect (whether before or after the date of the application made under this Part) after 31 December 1980, except where the Land Court, on appeal by the applicant under section 11 of this Act, has varied the amount of the valuation, whereupon the unimproved value of the land shall be the amount of the valuation as so varied.". 5. Amendment of s. 10 . Determination of unimproved value . Section 10 of the Principal Act is amended by- (a) in the note appearing in and at the beginning- of the section, 6 o 6 m Va it l t u i a n t g ion th " e ; word " Determination " and substituting the word

532 Mining Titles Freeholding Act Amendment Act 1983, No. 51 (b) in subsection (1), omitting provisions (b) and (c) and substituting the following provisions:- "(b) obtain from the Valuer-General a certificate of the valuation of the unimproved value of the land and submit it to the Warden; (c) inform the Warden of the amount (if any) charged by the Valuer-General for determining the unimproved value of the land and furnishing the certificate of valuation under provision (b) . "; (c) in subsection (2)- (i) omitting the word " inform " and substituting the words " give written notice to "; (ii) in provision (c), omitting the words " date of hearing for determination " and substituting the word " valuation "; (iii) after the word " land " in provision (c), inserting the following expression and words:- 46 (d) of the amount (if any) charged by the Valuer-General for determining the unimproved value of the land and furnishing the certificate of valuation under subsection (1) (b)"; (d) omitting subsection (3) and substituting the following subsection:- " (3) An amount charged by the Valuer-General for determining the unimproved value of land and furnishing a certificate of valuation under subsection (1) (b) shall be payable by the applicant and may be recovered by the Minister in any court of competent jurisdiction as a debt due and owing to the Crown. In any proceedings for the recovery of any moneys under this subsection a certificate by the Director-General, Department of Mines that an amount specified in the certificate was charged by the Valuer-General for determining the unimproved value of land and furnishing a certificate of valuation under subsection (1) (b) shall, on its production, be evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters stated therein.". 6. Amendment of s. 11 . Appeal against determination . Section 11 of the Principal Act is amended by- (a) in the note appearing in and at the beginning of the section, omitting the word " determination " and substituting the word " valuation "; (b) omitting the first paragraph and substituting the following paragraph:- " the applicant is dissatisfied with the valuation of the Valuer- General of the unimproved value of the land determined pursuant to section 8A (a), he may, within 42 days after receipt by him of the notice of the valuation, appeal to the Land Court against that valuation.".

Mining Titles Freeholding Act Amendment Act 1983, No. 51 533 7. Amendment of s. 12 . Powers of Land Court on appeal . Section 12 of the Principal Act is amended by- (a) numbering the existing paragraph as subsection (1) and therein- (i) in provision (a), omitting the words " determination of the Wardens Court " and substituting the words " amount of the valuation "; (ii) in provision (b), omitting the words " determination of the Wardens Court " and substituting the words " amount of the valuation "; (b) after subsection (1) as numbered, inserting the following subsection:- " (2) The unimproved value of land shall be determined by the Land Court in accordance with the provisions of section 8A (a) as if the Land Court were the Valuer-General.". 8. Amendment of s. 13. Nature of appeal . Section 13 of the Principal Act is amended by- (a) omitting the note appearing in and at the beginning of the section and substituting the note " Determination on appeal final."; (b) omitting the first paragraph. 9. Amendment of s. 14 . Jurisdiction of Courts not affected . Section 14 of the Principal Act is amended by- (a) in the note appearing in and at the beginning of the section, omitting the word " Courts " and substituting the words " Land Court "; (b) omitting the words " the Wardens Court or, as the case may be,".