Prickly-pear Destruction Act Amendment Act of 1913 (4 Geo v No. 9) (Qld)

5906 LAND, CROWN. Prickly"pear Destruction Act Amendment Act. 4 GEO. V, No. 9, 4. The following provision is added to section one hundred and ten of the Principal Act :- 'Cases where time for clearing pear lIlay be extended. (vi.) In any case where the selector has been unable, or has good ground for anticipating that he will not be ablA, to absolutely free the land from prickly- p~ ar before the expiration of the first period, he may make application to the Land Court for an extension of time for the performance of the condition of destruc- tion of prickly-pear. The Land Court, upon being satisfied that the selector has made all reasonable efforts to perform the said condition, may in its discretion, by order, grant such extension for such time as it thinks reasonable under the circumstances; and the selector shall be deemed to have performed the said condition if at or before the expiration of the time fixed by such order he has abso- lutely freed the land from prickly-pear. But nothing herein contained shall be con- strued so as to vary the respective lengths of the first period and second period of the term, or to exonerate the selector in any way from performing all the conditions and stipulations of the lease by him to be performed during the' said second period. . • *eo. v. An Act to Amend "The Prickly-pear Destruction . ; ~ : . Act of 1912" in certain Particulars. PRICKLY-PEAR . DESTA~ ~ ION [ASSEN'l'ED '1'0 8'l'H OCTOBER, 1913.J BE AMENDMENT ACT OF 1913. it enacted by the Km • g , s Most Exce 11 ent l m lll a " j ' esty, by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows :._- aScnohdnosrttruticttlieon pear 1 D . e T st h r i u s c A tio c n t s A h c a t ll o b f e 19 re 1 a 2 d ,"* asheorneeinwcailtlhed" t T h h e e P P r r in ic c k ip ly a - l of Act. Act, and may be cited with that Act as " l..'he Prickly-pea,' IJeslruction Acts, IH12-1913," or separately as "The Prickly-pear IJesi1'uction ,1ct Amendment Act, of ]9. 1 ?" , 3 Geo. V. No. 13, supra, page 5523.

1913. LAND, CROWN. Prickly-pear Destruetion Act AmendrJlent Ad. 5907 2. (1.) After paragraph (x.) of subsection four of A.mendment section three of the Principal Act, the following paragraph of s.3. is inserted:- [XA.] If any question or dispute arises with regard to any matter under or in connection with such agreement, or any matter has to be determined or fixed or proved thereunder, and no express provision is made therein for the manner in which the question, dispute, or matter shall be determined, settled, fixed, or proved, or it is .therein provided that it shall be determined, settled, or fixed by the Land Oourt or proved to thc satisfaction of the Land Oourt, then and in all such cases the question, dispute, or matter shall be left to be determined, settled, or fixed by the Land Oourt or proved to the satisfaction of the Land Oourt, as the case may require. For all the purposes of such agreement, the ex- pression "the Land Oourt" shall mean one member of the Land Oourt; and £01' such purposes the provisions of Part n. of " The Land .Act 0/ 1910,"* so far as the same are applicable, shall apply and be observed. The decision of the Land Oourt so constituted shall in all cases be final and binding upon the parties, and shall be without appeal. (2.) The amendment hereby made shall be deemed to have been inse1·ted in the Principal Act at the date of the passing thereof, and the Principal Act and every agree- ment heretofore made under the Principal Act shall be construed accordingly, and to that extent this .Act shall have retrospective operation. 3. After section four of the Principal Act, the fol- lowing section is inserted:- [5.J The Governor in Oouncil may from time to time Regulations. make all such regulations as in his opinion are necessary for giving due effect to this Act. All such regulations shall, upon publication in the Gazette, have the same effect as if they were enacted in this Act, and shall not, be questioned in :my proceedings whatsoever. All such' regulations shall bfl laid before both Houses of Parliament within forty days after such publication if Parliament is then sitting, or, if not, then within forty days after the commencement of the next session thereof. * 1 Geo.. V. No. 1.'i, supra, page 134i.