Prickly-pear Land Acts Amendment Act of 1930 (21 Geo v No. 28) (Qld)

13032 LAND, CROWN. Prickly-pear Land Acts Amendment Act. 21 GEO. V. No. 28, 21 NGoe. o2. 8V. . An Act to Amend "The Prickly-pear Land Acts, THE 1923 to 1929," for the purpose of securing the PRICKLY. PEAR LAND Permanent Settlement and Development of AOTS AMENDMENT Lands formerly heavily infested with Prickly- AOT OF 1930. pear which are being cleared of Prickly-pear by Biological or other Agencies; and for other purposes. [ASSENTED TO 4TH DECEMBER, 1930.] Short title and con- struction. B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows;- 1. This Act may be cited as "The Prickly-pear Land Acts Amendment Act of 1930," and shall, so far as amendments of or references to *" The Prickly-pear Land Acts, 1923 to 1929," are concerned, be read as one with *" The Prickly-pear Land Acts, 1923 to 1929," herein referred to as the Principal Act. The Principal Act and this Act may collectively be cited as " The Prickly-pear Land Acts, 1923 to 1930." Prickly.pear 2. Forthwith after the passing of this Act, the ~ i~ ~ o~ o: - Prickly-pear Land Commission (hereinafter referred classify to as "the Commissi0n") shall proceed to make a lParnicdkslhye- pldeaars C IaSSl 'fi c . a t' IOn 0 f the Ian sdcomp'rised ' In Pn' ckly-pear Leases. Leases in each district, and shall divide such lands into three classes;- Class I.-Lands which in the opinion of the Commission will be suitable for mixed farming settlement when cleared of prickly-pear. Class H.-Lands which in the opinion of the Commission will not be suitable for mixed farming settlement when cleared of prickly- pear, but will in the opinion of the Com- mission be suitable for further development under Grazing Selection tenure. Class HI.-Lands which in the opinion of the Commission are not suitable for further development at present. * 14 Geo. V. No. 34; 17 Geo. V. No. 6; 18 Geo. V. No. 17; 20 Geo. V. No. 15, 8upra, pages, 10605, 11599. 11949. and 12642.

1930. LAND, CROWN. Prickly-pear Land Acts Amendment Act. 13033 MIXED FARMING SETTLEMENT. 3. Upon any land classified by the CommissionSettl~ ment as Class I. under this Act becoming Crown land, either f! r:~ ~ ~d by voluntary· sU1;render by the lessee of the existing lands. Prickly-pear Lease or by process of resumption, and upon the Commission certifying that the progress of biological or other agencies in the destruction of the prickly-pear on the land has reached such a stage that the land may be successfully brought under mixed farming settlement, then the following provisions shall apply, namely:- (1) The land shall be subdivided into areas of Prickly-pear SUI' ta bl e sI - ze and opened f. orIsetec'IOn as mDeevnetlop- Prickly-pear Development Selections; Selections_ (2) The area of a Prickly-pear Development Selection shall not exceed five thousand acres; (3) Each such selection shall be subject to such developmental conditions as may be fixed on the recommendation of the Commission in the notification opening the land for selection, and which are calculated- (i.) To secure the eradication ofthe prickly- pear from tIle whole area; and (ii.) To improve, develop, and bring into reasonable production for mixed farm- ing at least one-half of the land within a period of five years; Such developmental improvements shall be carried out or effected in equal proportions during each year of the five years aforesajd, and may include- (a) The erection of a specified type of fence. on the external boundaries or the erection of a subdivisional stock-proof fence or fences, or the erection of both such kinds of fences; (b) The making of such water improvements and the provision of such equipment as may be specjfied; .

13034 LAND, CROWN. Prickly-pear Land Acts Al1tcndment Act. 21 GEO. V. No. 28, (c) The ringbarking or clearing of a specified area; (d) The making or erection of other improvements to augment the carrying capacity of the land and increase pro- duction therefrom ; (4) The term of the lease of a Prickly-pear Development Selection shall be forty years, and shall be divided into two periods: The first five years of the term shall comprise the first period; during such period the land shall be cleared of prickly-pear and the prescribed development conditions shall be performed; the second period shall be for the balance of the term of the lease ; (5) The purchasing price of a Prickly-pear Development Selection shall be such amount as may be fixed ·on the recommendation of the Oommission in the notification opening the land for selection. Annual rent. 4. The annual rent of a Prickly-pear Development Selection during the first period shall be a peppercorn if demanded. During the second period the annual rent shall be a sum equal to one thirty-fifth of the purchasing price. Acquirement 5. On fulfilment of the conditions and payment of o! fee- the purchasing price, the selector of a Prickly-pear SImple. Development Selection shall be entitled to a deed of grant in fee-simple of the land comprised in the selection. Any such selector who desires to accelerate the purchase of the land comprised in his selection may at any time after fulfilment of the conditions pay the balance of the purchasing, price and obtain a deed of ·grant in fee-simple of the land, provided the land has been maintained free from prickly-pear for at least two years. Provisions 6. Except as varied by this Act, all the provisions AofcPt rrienlcaitpinagl of the Principal Act relating to Prickly-pear Selections to Prickly- shall apply to Prickly-pear Development Selections. pear Selections to apply.

LAND, CROWN. 13035 1930. Prickly-pear Land Acts Amendment Act. 7. (1.) Land opened for selection as Prickly-pear Lands avail- Development Selections under this Act may be opened ~ ~ t: k! ; - pear alternatively as Perpetual Lease Prickly-pear Develop- Devel<?pment ment Selections· subject to the following terms and ~ : l: ! ~ : s to conditions :- available also as Perpetual (i.) The term of the lease of a Perpetual Lease Lease . Prickly . -pear Development Selection shall be PDreivceklloyp-p- ear III perpetmty; ment Seleotions. (ii.) The term shall be divided into periods: The first five years of the term shall comprise the first period, during such period the land shall be cleared of prickly-pear and the prescribed development conditions be performed; the second and succeeding periods shall each be of a duration of fifteen years. (2.) The development conditions stated in the notifi- Conditions. cation declaring land open for selection alternatively as a Prickly-pear. Development Selection or a Perpetual Lease Prickly-pear Development Selection shall be the same for both modes of tenure. (3.) The capital value of a Perpetual Lease Prickly- Capital pear Development Selection for the first and second value. periods shall be the same amount as the purchasing price fixed by the notification opening the land as a Prickly-pear Development Selection. (4.) The annual rent during the first period shall be Annual rent. a peppercorn, if demanded. The annual rent for the second period shall be one pound ten shillings per centum of the capital value, notwithstanding that the capital value may be a sum less than five shillings per acre. The annual rent for each period of fifteen years thereafter shall be determined by the Court at a sum equal to one pound ten shillings per centum of the unimproved capital value of the land, as if it were held in fee-simple at the date of the commencement of each such period. 8. Except as varied by this Act all the provisions Pr~ )Vi~ions of or the Principal Act relating to Perpetual Lease Prickly- tf~ ~ faafing pear Selections shall apply to Perpetual Lease Prickly- to Perpetual Pear Development Selections. ~ : i~ ~ y. Pear Selections to apply.

13036 LAND, CROWN. Prickly-pear Land Acts Amendment Act. 21 GEO. V. No. 28, Maximum area. 9. Subject to this Act, no person shall at the same time ~ pply for or hold either Prickly-pear Development Selections or Perpetual Lease Prickly-pear Development Selections or both of these tenures of an aggregate area exceeding five thousand acres. Lessee . 10. (1.) A lessee of an existing Prickly-pear Lease svuorlruenntdaerirliyng Wh 0, WI· thm · S·IX months from the paSS.Ing 0 f th· IS A C t , Prickly-pear voluntarily surrenders his lease in order that the laRd com- ~ : :~~ ed to prised therein may be opened for selection in accordance priority. with the foregoing provisions, shall be entitled in priority to acquire as a Prickly-pear Deyelopment Selection or a Perpetual Lease Prickly-pear Development Selection one of the portions into which the land may be sub- divided, or, if the terms of the notification so permit, the whole of the land; and notwithstanding any limit whatever as to area contained.in the Principal Act or this Act, such priority selection may be twenty-five per centum greater in area than the area the Commission may consider sufficient for profitably carrying on mixed farming pursuits in that particular locality. aLprrieimoa. ritity 8S to whic(h2. ) anTyhoenemapxeirmsounmmnauymabceqruiorfe pbryiovriitrytuseeleocftitohnes voluntary surrender of any number of Prickly-pear Leases shall be two; and no person shall be permitted to acquire an aggregate area exceeding six thousand two hundred and fifty acres under this section. So 7 f 2 ectahtineodnLs 7 a 2 n A d of se(c3t.i)onFso7r2thane dp7u2rApoosfe * s " o T f h t e hi L s a s n e d ct A io c n ts , , t1h9e1p0r t o o v 1 i 9 si 2 o 9 n ," s aApcptslyt. o shall, mutatis mutandis, apply and be observed. GRAZING SETTLEMENT. Sloafentgdtrlsea.mzinegnt sion 1 a 1 s . C (1 la . s ) sU n p . onunadneyr tlhainsd Acclat sbsiefcieodmbinyg thCerowConmlamnids,- either by voluntary surrender by.the lessee of the existing Prickly-pear Lease, or by process of resumption, and upon the Commission certifying that the progress of biological or other agencies in the dest,ruction of the prickly-pear , on the land has reached such a stage that the land may be successfully brought under Grazing Selection settlement, the followmg provisions shall apply:- ' PDreivceklloyp- - pear mGreanzting Selections. (i.) The land shall be subdivideil into areas of suitable size and opened for selection as * 1 Geo. V. No. 15 and amending Acts, supra, pages 8775 et seq.

1930. LAND, CROWN. Prickly-pear Land Acts Amendment Act. 13037 Prickly-pea,r Development Grazing Selections which may be Prickly-pear Development Grazing Homesteads or Prickly-pear Develop- ment Grazing Farms; (ii.) The area of a Prickly-pear Development Grazing Selection shall not exceed thirty thousand acres ; (iii) Each such selection shall be subject to such prickly-pear clearing and developmental conditions as may be fixed, on the recom- mendation of the Commission, in the notifi- cation opening the land for selection which are calculated to develop the land and increase production therefrom. (2.) The term of lease of a Prickly-pear Development Term. Grazing Selection shall be twenty-eight years. The term shall be divided into two periods each of fourteen years. (3.) The rent for the first period shall be fixed by Rent. the Commission, and shall be specified in the notification opening the land; the rent for the second period shaH be determined by the Court in accordance with the provisions of section one hundred and twenty-five of *" The Land Acts, 1910 to 1929." (4.) The notification opening the land for selection Notification. may specify- (i.) That the whole or some specified portion of the land shall be cleared of prickly-pear within a specified time; (ii.) That specified structural improvements shall be made or erected on the land within a specified time ; (Fi' That any other improvements, ringbarking, clearing of undergrowth or other useless vegetation, or any works or conditions whatsoever shall be made, done, or performed within a specified time. (5.) Except as varied by this Act, and by the Provisions notification opening the land for selection, all the ~ f Lan~ Acts provisions of *" The Land Acts, 1910 to 1929," regarding 0 app y. Grazing Homesteads and Grazing Farms shall apply to * 1 Geo. V. No. 15 and amending Acts, 8upra, pages 8775 et 8cq.

13038 LAND, CROWN. Prickly-pear Land Acts Amendment Act. 21 GEO. V. No. 28, Prickly-pear Development Grazing Homesteads and Prickly-pear Development Grazing Farms as the case may be. Le.'!see of 12. (1.) A lessee of an existing Prickly-pear Lease r~ ~ ~ ~ ly- pear who voluntarily surrenders his lease in order that the land voluntari~ y comprised therein may be opened for selection in ~ ~ ~~ ~ ~;~ ; ~~~ accordance with the preceding section, shall be entitled Lea.se in priority to acquire as a Prickly-pear Development : ~ t; ~ i~ ~ ity. Grazing Selection one of the portions into which the land may be subdivided, or if the terms of the notification so permit, the whole of the land, and notwithstanding any limjt whateveI as to area contained in the Principal Act or this Act, such priority selection may be twenty-five per centum greater in area than the area the Commission may consider sufficient for profitably carrying on grazing pursuits in that particular locality. Li~it as to (2.) The maximum number of priority selections prIOrIty area. W1 L 1I ' C h anyone person may acqUI.re, by VI . I' t ue 0 f the voluntary surrender of any number of Prickly-pear Leases, shall be two; and no person shall be permitted to acquire an aggregate area exceeding thirty-seven thousand five hundred acres under this section. SathneecdtLi 7 oa 2 nn A sdo 72 f of se(c3ti. ) onFso 7 r 2 tahnedp 7 u 2 r A poosfes *" o T f h t e hi L s an se d c A ti c o t n s, t1h9e10pr to ov 1 i 9 s 2 io 9 n ," s Acts to shall, mutatis mutandis, apply and be observed. apply General Provisions. Provisions 13. Ringbarking or clearing of timber on selections arisntgobarking acquired under the provisions of this Act shall be done or clearing only in accordance with a permit issued by the Prickly- of timber. pear Warden. Such permit shall prescribe the extent of timber to be left standing on the selection as a wind break and for shade purposes. Forfeiture 14. Upon the breach of any of the conditions to which a selection acqujred under the provisions of this Act is subject, the selection concerned shall be liable to be forfeited. If at any time the Prickly-pear Warden has reason to believe that the lease of any selection is liable to be forfeited for any cause other than the non-payment of the annual rent or instalment of survey-fee, he shall ---_. -- - _ . _ - - - - - - - - - - - - - - - - - - - - - - * I Geo. V. and amending Acts, 8Upra, pages 8775 et seq.

LAND, CROWN. 13039 1930. Prickly-pea'!' Land Acts Amendment Act. --------- ~ - - ~ - - - ~ - -- ---~------~------ cause to be served upon the lessee, either personally or by posting it addressed to him at the holding, a notice in writing specifying the alleged cause of forfeiture, and calling upon the lessee to appear uPQn the hearing of the matter at the sitting of the Prickly-pear Warden's Court held next after the expiration of thirty days from the service of the notice. The Prickly-pear Warden shall proceed to hear and determine the matter at the said sitting of his Court, or at some adjournment thereof, and shall pronounce his decision in open court. If upon the final decision of the matter any such liability to forfeiture is established, the Governor in Council may declare the lease forfeited. Every forfeiture of land under this section shall be notified by the Minister in the Gazette, and shall take effect from the date of the notification. The existence of scattered recurring prickly-pear on a selection acquired under the provisions of this Act shall not be sufficient of itself to establish a breach of the condition requiring the eradication of the prickly-pear on the land, provided the selector is able to show to the satisfaction of the Prickly-pear Warden that he has from time to time taken reasonable steps to infect such prickly-pear with pear-destroying insects. 15. Any Crown land, being prickly-pear land, may Crown land be opened for selection under the tenures prescribed by ma~ lbeblmafde ~ thl' S Act. saeVtatlleameent 01 under these tenures. 16. The provisions of sections nine and ten of *" The Minister may Land Acts Amendment Act of 1927," together with any perm.\. additions thereto or amendment or modification thereof ~ ~i~ ~~ ; ,~ ~ n which the Governor in Council by Order in Council area8. may be pleased to make, shall mutatis mutandis, extend and apply in respect of lands under this Act. Moreover it shall be lawful for the Minjster in his absolute discretion, on application by a person possessing an area of land in fee-simple which, in the opinion of the Commission, is not a reasonable living area, to permit of such person acquiring an additional area of land under this Act, and the provisions of this section shall extend and apply accordingly. * 18 Geo. V. No. 17, supra, page 11949.

13040 LAND, CROWN. Prickly-pear Land Acts Amendment Act. 21 GEO. V. No. 28, Amendments of Principal Act. 17. The following new subsection is added to section four, namely;- Resignation " (7. ) Notwithstanding anything hereinbefore con- oofr mdeeamthber. tained, in the event of the resignation or death of a member of the Commission, the Governor in Council may appoint a person to be a member of the Commission to fill the vacancy caused by such resignation or death for such period (being less than ten years) as the vacating member would, but for such resignation or death, have held office as member of the Commission. Moreover, notwithstanding anything to the contrary contained in any Act, an officer of the Public Service may be appointed by the Governor in Council to fi]] any vacancy referred to in this subsection without vacating his office or offices presently held by him, and may accordingly exercise the functions and jurisdiction both as a member of the Commission and of his office or offices presently held by him. And subsection now numbered seven is renumbered eight accordingly." 18. Subsection three of section twelve is repealed, and the following subsection is inserted in lieu thereof:- Jurisdiction "(3.) (a) The Land Court and Land Appeal Court of Land shall have no jurisdiction in respect of the matters LCaonudrt Aanpdpeal enumerat ed I.n subsect'IOn one h ereof over or I.n respect Court. of holdings comprising prickly-pear land. (b) The Land Court and Land Appeal Court shall have jurisdiction, and such jurisdiction is hereby vested, in respect of all matters not enumerated in subsection one hereof and not vested in the Commission by the . GQvernor in Council by Order in Council. The juris- diction of the said Land Court and Land Appeal Court shall not be limited or affected by the fact that proceedings in reference to any matter hitherto under the jurisdiction of the Commission had commenced prior to the enactment of *" The Prickly-pear Land Acts Amendment Act of 1930"; but such proceedings may be heard and determjned by the said Land Court or Land Appeal Court (as the case may be), and such Courts shall have and exercise all necessary powers and authorities and jurisdiction accordingly. ... 21 Oeo. V. No. 28 (this Act).

LAND, CROWN. 13041 1930. Prickly-pear Land Acts Amendment Act. Moreover, all documents relating to any such pro- ceedings served on or filed or deposited with the Commission shall be forwarded to the Land Court or Land Appeal Court, as the case may be, and filed or deposited with such Court, and it shall not be necessary to serve or file or deposit with such Court any document in lieu of such documents so forwarded, and such Court shall proceed to hear and determine the matter accordingly,' , 19. In subsection five of section seventeen, after Amendment the words" mixed farming settlement," the words" or of s. 17. for opening for selection as. Prickly-pear Development Grazing Selections" are inserted. After subsection five the following new subsection is inserted:- " (6.) (a) When any Prickly-pear Lease is wholly or in part resumed for agricultural or mixed farming settlement or for Prickly-pear Development Grazing Selection, the value of any improvements on the land shall be determined by the Court at such sum as would fairly represent their value to an incoming tenant of the land on which the improvements are situated, but in no case shall such sum exceed the cost of making the improvements less depreciation in value from use or , otherwise. (b) If the land resumed is selected within three months from the date of resumption, the late lessee shall have no claim against the Crown in respect of improvements, but shall be entitled to receive the value of such improvements which is received by the Crown from an incoming lessee, selector, or purchaser after the amount of all money due by the late lessee to the Crown on any account whatsoever has been deducted. (C) If the land resumed is not selected within three months from the date of resumption, the late lessee shall be entitled to receive from the Crown the value of the improvements on the land as determined by the Court in accordance with paragraph (a)." 20. In section thirty-two, the words "During a Amendment period of ten years" are repealed, and the words" During of s. 32. a period of six years" are inserted in lieu thereof; also, after the words "one hundred thousand pounds," the words "and during a period of four years commencing on the first day of July, one thousand nine hundred and thirty, the sum of fifty thousand pounds" are added.