Mining Titles Freeholding Act Amendment Act 1989 (Qld)

63 M I N I NG TiTS, 21 REEHOLDING A C T AMENDMENT ACT ANALYSIS OF CONTENTS 1. Short title and citation 2. New s. 8B Unimproved value where land not separately valued 3. Amendment of s. 11. Appeal against valuation 4. Amendment of s. 12. Powers of Land Court on appeal 5. Amendment of s. 19. Completion of purchase u euuslanb ANNO TRICESIMO OCTAVO ELIZABETHAE SECUNDAE REGINAE G No. 11 of 1989 An Act to amend the MiningTitlesFreeholdingAct 1980- 1986 in certain particulars [ASSENTED TO 30TH MARCH, 1989]

64 Mining Titles Freeholding Act Amendment Act 1989, No. 11 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 Mining Titles Freeholding Act Amendment Act 1989. (2) In this Act the Mining Titles Freeholding Act 1980-1986 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Mining Titles Freeholding Act 1980-1989. 2. New s. 8B. The Principal' Act is amended by inserting the following section after section 8A:- "8B. Unimproved value where land not separately valued. (1) Where the unimproved value of land comprised in a miner's homestead perpetual lease, a business area or a residence area cannot be ascertained under paragraph (a) or (b) of section 8A by reason of the fact that that land has not been separately valued but has been included with other land in one valuation, the Valuer-General shall make a valuation of the unimproved value of that land as at the date at which that land and the other land included in the one valuation are valued and such valuation shall, subject to the determination of the Land Court on an appeal under section 11, be deemed to be the unimproved value of that land for the purpose of that paragraph (a) or (b), as the case may be. (2) A valuation of the unimproved value of land under this section shall be made pursuant to The Valuation of Land Act of 1944 as amended and in force at the date at which the land is to be valued except that in the case of land referred to in paragraph (a) of section 8A of this Act paragraph (vii) of section 11 (1) of The Valuation of Land Act of 1944 shall be deemed not to have been enacted.". 3. Amendment of s. 11. Appeal against valuation . Section 11 of the Principal Act is amended by inserting after the words "section 8A (a)" the words "or 8B". 4. Amendment of s..12. Powers of Land Court on appeal. Section 12 of the Principal Act is amended by, in subsection (2), inserting after the words "section 8A (a)" the words "or 8B, as the case may be,". 5. Amendment of s. 19. Completion of purchase . Section 19 of the Principal Act is amended by (a) numbering the existing provisions as subsection (1); (b) adding at the end thereof the following subsection:- "(2) Where, under subsection (1), the amount payable by a lessee to complete the purchase of land granted by way of lease

Mining Titles Freeholding Act Amendment Act 1989, No. 11 65 under this Act is less than the prescribed freeholding fee referred to in paragraph (d) of section 8 (3), the present value of the purchasing price or, as the case may be, the balance thereof in respect of the land shall, for the purpose of subsection (1), be deemed to be the amount of that fee.".