Prickly-pear Destruction Act of 1912 (3 Geo v No. 13) (Qld)

LAND, CROWN. 3 REO V. Ko. 13, 1912. Prickl.1J-pear Destruction Act. 5523 LAND, CROWN. An Act to Authorise the Making of Agreements for 3 Gco. v. the Freeing of Crown Land infested with N;~ ~ 3. Prickly-pear, and for the Grant or other Dis- ~ ~ ~ : ; ~ ~ : ; ~ NR posal of such Land when freed, and to Encour- ACT OF 1912. age the Freeing of Crown Land so infested by Authorising the Grant of Long Leases of the same, and for.other purposes in connection with these objects. [ASSENTED TO 28TH NOVE~ fBER, 1912.J B E it enacted by the King's MOFlt Excellent Majesty, 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 : - 1. This Act may be cited as "'1 J he Pric/ely-pear. Short title. ])estruction Act of 1B12." 2. It shall be lawful for the Secretary for Public Minister Lands (h • erein calle ' d" . the Minister"), acting for and on amgaryeemmaeknets. behalf of the Crown, wIth the approval of the Governor in Council, to make an agreement with any person or body of persons or corporation (herein called "the con- tractor") having for its object the freeing of Crown land infested with prickly-pear, and for the grant or .other djsposal of such land when so freed. 3. (1.) Every such agreement shall be made subject in Conditions all respects to the provisions of this Act. &0., of t agreemen·. (2.) '1'he land with respect to which any such agree- ment is made shall be Crown land which is certified by the Land Court to be heavily infested with prickly-pear, and which is not held under any lease. . (3.) The area of such land which may be comprised in anyone agreement shall not exceed in the aggregate one hundred thousand acres. Such area need not be in one block; it may comprise several blocks; but no one of such blocks shall be of less area than ten thousand acres, nor shall any block exceed in length four times its width.

ii524 LAND, CROWN. Prickly-pear Destruction .dct. 3 GEO. V. No. 13, (4.) Every such agreement shall contain provisions, covenants, and stipulations to the effect following, subject, nevertheless, to such modifications in any particular case as are thought necessary and proper :- (i.) The contractor shall deposit a sum of money of an ag'reed amount, to be held by the Minister as security for the due performance by the contractor of the agreement: Provided that in place of the deposit of a sum of money the Minister may accept a guarantee to be approved of by himself; (ii.) rJ he cost of the survev of the land shall be horne by the contracto~ ; (iii.) The contractor shall commence to free the land mentioned in the agreement from prickly-pear before a date to be specified, but not more than twelve months after the execution of the agreement; (iv.) The contractor shall free such area of the land as is stipulated within twelve months after the date specified for the commencement of operations; (v.) Within a period to be specified, the contractor shall free the whole of the land from prickly- pear: the agreement may fix periods within which specified blocks of land not being of less area than ten thousand acres shall be freed; (vi.) During each year of such period last afol'esaid, he shall free an equal proportion of the land according to the numher of years in such period, and shall, so far as reasonably may be, carry out the operations in equal proportions during each half of such year, so that at the expiration of such period the land shall be absolutely freed of prickly-pear; {vii.) During the whole of such period last aforesaid, the contractor shall keep free from prickly- pear the part of the land not infested with prickly-pear and also -the part of the land which has been freed; (viii.). After the expiration of such period last afore- said and during the periolI of two years immediately succeeding thereon, the con- tractor shall ker-p the land absolutely free from prickly-pear;

LAND, CROWN. 1912. Priokly-pear Destruction Act. (ix.) The sole considerations to the contractor for the performance by him of such agreement shall be as follows : - (a) The contractor shall be entitled to enter upon and take possession of the land, and occupy, for any purpose of grazing, cultiva- tion, or otherwise, so much thereof as under the agreement remains. at any time other- wise unoccupied or undisposed of; (b) After the expiration of the two years imme- diately succeeding the period fixed by the agreement for the freeing of the land or any specified block from prickly-pear, the contractor shall, upon payment of the deed fee and assurance fee, be entitled to a deed of grant in fee-simple of the land or of such hlock, as the case may be, which has been freed and kept free: Provided that, with the consent of the contractor, the Minister may, at any time after any part of the land has been freed and before the issue to the contractor of any grant of the land so freed, open such land or any part thereof to agricultural farm selection under " The Land Act of 1910,"* in which event all the provisions of that Act applicable to such selections shall be applicable as if such land were unoccupied Crown land, except as modified by the next succeeding provisions, namely :- The purchasing price of all such selec- tions shall be such price as is agreed upo.n by and between the Minister and the con- tractor, or, failing agreement. as is fixed by the Land Court appointed and acting under "The Land Act of 1}J 1 0."· All moneys received by way of rent or purchasing price of such selections shall be paid over by the Minister to the contractor, as and when received in every year, after dE'ducting therefrom such percentage to cover expensp,s, and also such further sum to be held by the Minister by way of security for the due fulfilment of the agree- ment, as is in each case agreed on or fixed by the Land Court as abovementioned. *' 1 Geo. V. No. 15, Bupra, page 1347. 5525

5526 LAND, CROWN. Prickly-pear Destruction Act. 3 GKO. V. No. 18,1912. (x.) All such further and other provisions, condi- tions, covenants, and stipulations as may be thought necessary, expedient, or proper for. giving full effect to this Act and the agreement, and effectuating the ohjrcts :mrl purposes thereof; (xi.) For the purposes of this section, no area of land shall be deemed to be heavilv infested the cost of the clearing of which fi-om prickly pear would not in the opinion of the Land Oourt amount at least to the actual value of such land if not so infested. Leasesofland 4. (1.) The Minister, upon the recommendation of heavily the Oourt and with the approv1.l1 of the Govemor in Oouncil, infested with prickly-pear. may by notification declare any Crown land which is heavily infester} with prickly-pear to be open for lease for a term not excpeding fifty years. Exc{·pt as hereby modified, all the provisions of" 'Ihe Land .Act uf' 1910"* relating to leases and holdings under Part (ll. of that Act, so far as the same are applicable, shaH apply to leases and holdings under this section; and for the purposes of this section all the provisions of that Act with reg-ard to the leasing of land under Part Ill. thereof shall apply. The first period of the term of every such lease shall be of the duration of twenty years. During the first period ofthe term the rent payable shall be either nominal or such rent to be specified in the notifi- cation declar~ ng the land open for lease as will encourage the tenant to destroy the pricldy-pear on the holding. The rent payable for each succeeding period of ten years shall be determined by the Oourt. During such period as the notification shall specify, the lessee shall destroy all prickly-pear on the holding, and shall in all resrects satisfy the obligations imposed by spetioYl one hundred and thirty-six of " The Land .Act of HHO"* on the lessee of a holding, which contains or is deemed to contain a condition for the destruction of IJoxi(Jus plants. Or in lieu of or in addition to the above provisions, the j\i inister, on the recommendation of the Court and with the approval of the Governor in Council, may in any particular ease prescribe what provisions, covenants, and :sti pulations shall be contained in the leaRe for more effectively securing the destruction of the prickly-pear on the holding'. * 1 Gtlo. v. No. 15, supra, page 1347.