Prickly-pear Land and Forestry Administration Act of 1932 (23 Geo v No. 6) (Qld)

LANDS, CROWN. 14343 23 GEO. V. No. 6, 1932. Prickly-pear Land and Fore8try, Etc., Act. amendment made pursuant to this Act, may collectively be cited as "The T~ tlly Sugar Works Area Land Regulations Acts, 1924 to 1932," that is to say:- "Provided that from and after the first day of December, one thousand nine hundred and thirty-two, land opened for Group Selection shall only be opened for Perpetual Lease Selections or for selection as Sugar Workers' Perpetual Lease Selections, and land offered for sale at auction shall only be so offered as Perpetual Town, Suburban, or Country Leases," Amendment of *" The Land Acts Amendment Act of 1931." 20. In section four of *" The Land Acts Amendment Amendment Act of 1931" the words" or within such further time ~ f;h:;' ~nd as the Minister may in his discretion allow" are Act8 r e p e a 1 e d . Amendment Act DJ 1931." Collective Title. 21. "The Prickly-pear Land Acts , 1923 to 1932, " ~ tI o t l le lec o t f ive together with the amendments made by this Act, may Prickly-pear collectively be cited as "The Prickly-pear Land Acts, Land Acta. 1923 to 1932." An Act to Constitute the Land Administration Board 23 Geo. V. to be the Prickly-pear Land Commission for ~ ~ : . the purposes of the Prickly-pear Land Acts, PE PR A I R CLK A L N Y- D and to be the Forestry Board for .the purposes FO: : S~ RY Aofcttsh; e toSAtamteenFdorseuscths Aancdts NanadtIo H nTahl ePLaarnkds TAIDOMN 1 I 9 NA 3 ICS 2 TT . ROAF" Acts Amendment Act of 1931" in certain particulars; and for other purposes. [ASSENTED TO 22ND SEPTEMBER, 1932.] 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:- PART I.-PRELIMINARY. PART 1.- PllELIMINARY. 1. (1.) This Act may be cited as " The Prickly-pear Short title Land and Forestry Administration Act of 1932." :::struc. (2.) This Act shall be read and construed as one tion. with the Prickly-pear Land Acts, the State Forests and * 22 Geo. V. No. 39, supra, page 13797.

14344 PART L- PRELIMINARY. LANDS, CROWN. Prickly-pear Land and Forestry, Etc., Act. 23 GEO. V. No. 6, National Parks Acts, *" The Land Acts Amendment Act of 1931," and where necessary with t" The Land Acts, 1910 to 1931," respectively. Commence- 2. tThis Act shall come into force on a date to be ment of Act. procIa'lIDed by the G overnor I . II C ounc il by ProcIamta ' IOn published in the Gazette: Provided that it shall not be necessary to proclaim tha'b the whole Act shall commence on one date, but that so much of the Act as refers to Prickly-pear Land may come into force on such date as may be proclaimed, and that so much of the Act as relates to State Forests and National Parks may come into force on such date as may be proclaimed. Any date so fixed by Proclamation, whether in respect of the whole Act or in respect of so much of the Act to which such Proclamation relates, shall, so far as such date relates to the whole Act or to the part con- cerned, be referred to in this Act as the commencement of this Act. Interpreta" 3. In this Act, unless the context otherwise indicates, tion. the following terms have the meanings respectively assigned to them, that is to say;- Land Administra. tion BoaId. " Land Administration Board"-The Land Administration Board constituted for the time being pursuant to Part Ill. of *" The. Land Acts Amendment Act of 1931 " or any Act amending or in substitution of the same; Prickly.pear Land Acts. "Prickly-pear Land Acts"-§" The Prickly-pear Land Act of 1923" as amended by II"The Prickly-pear Land Act Amendment Act of 1926," by f1" The Land Acts Amendment Act of 1929," and by **" The Prickly-pear Land Acts Amendment Act of 1930"; also **" The Prickly-pear Land Acts Amendment Act of 1930" as amended by *" The Land Acts Amendment Act of 1931" (and any Act * 22 Geo. V. No. 39, supra, page 13797. t 1 Geo. V. No. 15 and amending Acts, supra, pages 8775 et seq. (See Alphabetical Table). t Act proclaimed in force as from 1st October, 1932. (Proclamation dated 29th September, 1932; Gazette, 1st October, 1932, page 1102.) § 14 Geo. V. No. 34, supra, page 10505. 1117 Geo. V. No. 6, supra, page 11599. "If 20 Geo. V. No. 15, supra, page 12642. ** 21 Geo. V. No. 28, 8upra, page 13032.

1932. LANDS, CROWN. Prickly-pear Land and Forestry, Etc., Act. 14345 PART 1.- PRELIMINARY. amending or in substitution of such Acts), and all regulations and Rules of Court under such Acts; "State Forests and National Parks Acts"-*" The State State Forests and • National Parks Act 0 ' 1 J 1 ' 906 " N Fo a r t ~ I s o t n s aland and all regulatIons thereunder. Parks Acts. 4. This Act is divided into Parts, as follows:- Parts of Act. PART I.-PRELIMINARY; PART n.-PRICKLY-PEAR LAND COMMISSION; PART In.-FoRESTRY BOARD; PART lV.-AMENDMENTS OF "THE LAND ACTS AMENDMENT ACT OF 1931 " ; PART II.- ,PRICKLY ·PEAR PART n.-PRICKLY-PEAR LAND COMMISSION. LAND COMMISSION. 5. (1.) From and after the commencement of this Land A C t ,and not W1 'thst andm' g anythm' g to t he contrary I . II AtiodnmBinoisatrrda- any Act or law contained, the Land Administration to .be the Board shall, for all purposes of the Prickly-pear Land i~ ~ry·pear Acts, by virtue of the provisions of this Act, be and be Commission. deemed to be and shall constitute the Prickly-pear Land Commission under the said Acts, and further, such Land Administration Board shall by virtue of the provisions of this Act be appointed and be and be deemed to be the Prickly-pear Land Commission under the said Acts, and the said Acts and any other Act or law or process of law shall be read and construed accordingly; and without in any wise limiting the generality of the above provisions, the Land Administration Board shall have and exercise all the rights, powers, and authorities, jurisdiction, and functions (administrative and judicial) of such Prickly-pear Land Commission, and shall perform the duties and functions of and be subject to the obligations of such Prickly-pear Land Commission. (2.) Without derogation and in aid of the foregoing General provisions, all the powers, functions, and duties of the transfer Prickly-pear Land Commission conferred and imposed power. under the provisions of any other Act or law, and all the functions, duties, obligations, rights, contracts, agree- ments, liabilities, privileges, and powers conferred and imposed upon the Prickly-pear Land Commission under the Prickly-pear Land Acts, or any other Act or under * 6 Edw. VII. No. 20, supra, page 790. S

14346 PART II.- PRICKLY-PEAR LAND COMMISSION. LANDS, CROWN. Prickly-pear Land and Forestry, Etc., Act. 23 GEO. V. No. 6, any law or process of law shall on and from the commencement of this Act, and without any transfer, assignment, or conveyance or notice other than this Act, be vested in and be performed, conferred, imposed, and exercised, and shall attach to and may be enforced by and against the Commission (being the Land Administration Board as provided in subsection one of this section.) Existing (3.) The members of the Prickly-pear Land Com- gmoemoubterosf to mission in office prior to the commencement of this Act office. shall on the commencement of this Act go out of office. Power to delegate functions. 6. (1.) For the purposes of the Prickly-pear Land Acts, the Commission (being the Land Administration Board) may from time to time delegate to a member of the Land Administration Board or to any officer of the Land Administration Board or to any officer of the Commission such of the powers, functions, jurisdiction, and duties conferred or imposed on the Commission as the Commission (being the Land Administration Board) may think fit, and such delegation may be either for a specified time or without limit of time, and the Commission may at any time cancel such delegation. The member of the Land Administration Board ot' other officer as aforesaid to whom such powers, functions, jurisdiction, or duties are delegated shall to the extent of such delegation and while the same subsists have all the powers and authorities and perform and exercise all the powers, duties, functions, and jurisdiction of the Commission (being the Land Administration Board); but no such delegation shall be construed so as to prevent such Commission from also exerCIsmg any of such powers and authorities and jurisdiction or performing any of such duties or functions. Prickly-pear 7. The Prickly-pear Land Commission and the ~~ ~ '! nission officers thereof shall be and constitute a sub-Department a sub. of the Department of Public Lands under the name of ~ ef~ ~ tment the" sub-Department of Prickly-pear Land Commission.') Department of Public Lands.

LANDS, CROWN. 14347 1932. PART II.- Prickly-pear Larnd arnd Forestry, Etc., Act. PRICKL 1; -PEAR LAND - - - - - COMWSSION. 8. The consequential amendments to the Pr • ickly- t ~ m on l s a e m qu e e n n d - - pear Land Acts made by this Act are set forth III the ments to following Schedule:- the Prickly- pear Land SCHEDULE. Acts. PART I. Amendments to *" The Prickly-pear Land Acts, 1923 to 1929 "! (being r' t" The Prickly-pear Land Act of 1923" as amended by The PricklY-l,ear Land Act Amendment Act of 1926," by §" The Land Acts Amendment Act of 1929," and by 11" The Prickly-pear Land Acts Amendment Act of 1930," so far as such lastmentioned Act amends *" The Prickly-pear Land Acts, 1923 to 1929 "). (a) In section three, the definition of " Commission" is repealed Section 3. and the following definition is inserted in lieu· thereof, namely ; - " " Commission"-The Prickly-pear Land Commission (being the Commission. Land Administration Board constituted for the time being pursuant to the provisions of Part IH. of~ " The Land Acts Amendment Act of 1931" or any Act amending or in substitution of the same), such Board being appointed to be and to constitute the Prickly-pear Land Commission pursuant to the provisions of**"The Prickly-pear Land and Forestry Administration Act of 1932." " (b) Section four is amended as follows ;- Section 4. Subsections one to seven inclusive are repealed and the following subsections are inserted in lieu thereof, namely ;- "(1.) For the purposes of this Act there shall be constituted a Prickly-pear Commission, to be called the" Prickly-pear Land Commission." Land. . CommlSSlOn. (2.) The Land Administration Board, constituted for the time Land being pursuant to the provisions of Part HI. of ,-r" The Land Acts A;dministra- Amendment Act of 1931 " or any Act amending or in substitution of ~ lOn Bo: . ~ d t the same, is and is appointed and constitutes the Prickly-pear Land t~eCons 1 u e Commission by virtue of the provisions of **" The Prickly-pear Land Commission. and Forestry Administration Act of 1932." (3.) Whenever in tt" The Prickly-pear Land Acts, 1923 to 1932," or in any regulation or Rule of Court made thereunder, reference is made to the Prickly-pear Land Commission or to the Commission or to the chairman or any member thereof, such reference shall for all purposes in respect of the said Acts, regulations, or Rules of Court be and be construed as a reference to the Prickly-pear Land Commission, being the Land Administration Board appointed and constituting the Prickly-pear Land Commission by virtue of the provisions of **" The Prickly-pear Land and Forestry Administration Act of 1932," * 14 Geo. V. No. 34 and amending Acts, supra, pages 10605 et seg. t 14 Geo. V. No. 34, supra, page 10605. t 17 Geo. V. No. 6, supra, page 11599. § 20 Geo. V. No. 15, supra, page 12642. I! 21 Geo. V. No. 28, supra, page 13032. 'If 22 Geo. V. No. 39, supra, page 13797. ** 23 Geo. V. No. 6 (this Act). tt 14 Geo. V. No. 34 and amending Acts, supra, pages 10605 et eeg.

14348 LANDS, CROWN. PART II.- PRICKLY.PEAR LAND COl!MISSION. Prickly-pear Land and Forestry, Etc., Act. 23 QEO. V. No. 6, and to the chairman or any member, respectively, of the Prickly-pear Land Commission (being the chairman or member, respectively, of the Land Administration Board): Provided that where any powers, functions, jurisdiction, and duties of the Commission are delegated to any officer pursuant to section six of *,' The Prickly-pear Larul and Forestry Admini8tration Act of 1932," such officer shall, wherever and whenever necessary for the purposes of the Prickly-pear Land Acts (as defined by such last- mentioned Act) and the delegation, be and be deemed to be a member of the Commission, and shall have and exercise the powers, functions, jurisdiction, and duties of a member of the Commission accordingly." And subsection eight is renumbered subsection four accordingly. n. PART Amendment of t" The Prickly-pear Land Act8 Amerulment Act of 1930," a8 amended by t" The Land Acta Amendment Act of 1931." Mter section one, the following new section is inserted, namely :- New section " [lA.] In this Act the Prickly-pear Land Commission (referred lA. to as the Commission) means the" Prickly-pear Land Commission," Commission. being the Land Administratio.n Board constituted for the time being pursuant to the provisions of Part HI. of t" The Land Act8 Amendment Act of 1931" or any Act amending or in substitution of the same, and appointed and constituted the Prickly-pear Land Commission by virtue of the provisions of *" The Prickly-pear Land and Forestry Admini8tration Act of 1932." " PART III.- FORESTRY BOARD. PART lIl.-FoRESTRY BOARD. Land 9. (1.) From and after the commencement of this tAiodnmBinoiastrrda- Act, and notwithstanding anything to the contrary in to be the any Act or law contained, the Land Administration FBooraersdt.ry Board shall, for all purposes of the State Forests and National Parks Acts, by virtue of the provisions of this Act, be and be deemed to be and shall constitute the Forestry Board under the said Acts, and further, such Land Administration Board shall by virtue of the provisions of this Act be appointed and be and be deemed to be the Forestry Board under the said Acts, and the said Acts and any other Act or law or process of law shall be read and construed accordingly; and without in any wise limiting the generality of the above provisions, the Land Administration Board shall have and exercise all the rights, powers, and authorities, jurisdiction, and functions of such Forestry Board, and shall perform the duties and functions of and be subject to the obligations of such Forestry Board. * 23 Geo. V. No. 6 (this Act). t 21 Geo V. No. 28, Bupra, page 13032. t 22 Geo V. No. 39, BUpra, page 13797.

LANDS, CROWN. 14349 - - - - - - - - - - - - - - - - - - - - - - - PART III.- 1932. Prickly-pear Land and Forestry, Etc., Act. FORESTRY BOARD. (2.) Without derogation and in aid of the foregoing Genera.l provisions, all the powers, functions, and duties of the transfer Forestry Board conferred and imposed under the provi- power. sions of any other Act or law, and all the functions, duties, obligations, rights, contracts, agreements, delegations, liabilities, privileges, and powers conferred and imposed upon the Forestry Board under the State Forests and National Parks Acts or any other Act or under any law or process of law, shall on and from the commencement of this Act, and without any transfer, assignment or conveyance or notice other than this Act, be vested in and be performed, conferred, imposed, and exercised, and shall attach to and may be enforced by and against the Forestry Board (being the Land Administration Board as provided in subsection one of this section.) (3.) The members of the Forestry Board in office Existing prior to the commencement of this Act, and being the members to persons appointed as members thereof pursuant to the ~ ~ ~~ t of direction of the Governor in Council, dated the twenty- fourth day of March, one thousand nine hundred and thirty-two, and published in the Gazette of the twenty- sixth day of March, one thousand nine hundred and thirty-two at page one thousand three hundred and fifty-four, shall on the commencement of this Act, go out of office. 10. (1.) For the purposes of the State Forests and Power to National Parks Acts, the Forestry Board (being the Land 1: ~ ~ 1~ : : s. Administration Board) may from time to time delegate to a member of the Land Administration Board or to any officer of the Land Administration Board or to any officer of the Forestry Board such of the powers, functions, and duties conferred or imposed on the Forestry Board as the Forestry Board (being the Land Administration Board) may think fit, and such delegation may be either for a specified time or without limit of time, and the Forestry Board may at any time cancel such delegation. The member of the Land Administration Board or other officer as aforesaid to whom such powers, functions, or duties are delegated shall, to the extent of such delegation and while the same subsists, have all the powers and authorities and perform and exercise all the powers, duties, and functions of the Forestry Board (being the Land Administration Board); but no such delegation shall be construed so as to prevent the

143i)0 PART III.- FORES.TRY BOARD. LANDS, CROWN. Prickly-pear Land and Forestry, Etc., Act. 23 GEO. V. No. 6, Forestry Board, from also exercising any of such powers and authorities or performing any of such duties or functions. ~ ~ :~ ~ ? ; , 11. The Forestry Board and the officers thereof be a sub· shall be and constitute a sub-Department of the Depart- oDfetphaertment ment of Public Lands under the name of the "sub- Departmenb Department of Forestry." of Public Lands. Amendment of State 12. A new section 2A is inserted after section two Forests and of *" The State Forests and National Parks Act of 1906 " NPaartkiosnAalcts. as follows;- BFooraersdt. ry be c"o[n2sAti.t]ut(e1d. ) aFoBr othaerdputropobsees coaflltehdis tAhcet t"hFeoreresshtarlyl Board." ~~ inistra. (2.) The Land Administration Board constituted tion Boa:rd for the time being pursuant to the provisions of Part Ill. ttohecoFnosrteIstutrtye of t" The L • and . Acts Ame . nd • ment Act 0 ' 1 J 193 , 1" • or any Board. Act amendmg or m substItutIOn of the same, IS and is appointed and constitutes the Forestry Board by virtue of the provisions of t" The Prickly-pear Land and Forestry Admini8tration Act of 1932." (3.) Wherever in the said Act or in any regulation made thereunder reference is made to a Forestry Board or a Provisional Forestry Board or Board or chairman or member thereof, such reference shall for all purposes be and be construed as a reference to the Forestry Board, being the Land Administration Board appointed and constituting the Forestry Board by virtue of the provisions of t" The Prickly-pear Land and Forestry Admini8trationActof 1932," or to the chairman ormember, respectively, of the Forestry Board (being the chairman or member, respectively, of the Land Administration Board) ; Provided that where any powers, functions, and duties of the Forestry Board are delegated to any officer pursuant to section ten of t" The Prickly-pear Land and Forestry Administration Act of 1932," such officer shall, wherever and whenever necessary for the purposes of the State Forests and National Park~ Acts (as defined * 6 Edw. VII. No. 20, supra, page 790. t 22.Geo. V. No. 39, supra, page 13797. t 23 Geo. V. No. 6 (this Act).

1932. LANDS, CROWN. Prickly-pear Land and Forestry, Etc., Act. 14351 PART III.- FORESTRY BOARD. by such lastmentioned Act) and the delegation, be and be deemed to be a member of the Forestry Board, and shall have and exercise the powers, functions, and duties of a member of the Forestry Board accordingly." PART IV.- .AiMENDMENTS OF" THE PART IV.-AMENDMENTS OF *" THE LAND ACTS LAND ACTS AMENDMENT AMENDMENT ACT OF 1931." ACT OF 1931." 13. " PART IlL-THE LAND ADMINISTRATION Amendment BOARD" of *" The Land Acts Amendment Act of 1931 " ~~ ~ ~ tIII. is amended as follows:- Land Act8 Amendment Act of 1931." (a) In subsection one of section eleven, after the Section 11. words "land settlement," the words "prickly-pear lands, State forests, and national parks" are inserted. Subsection two of section eleven is amended by the insertion therein of the following paragraphs, namely:- "(iii.) The sub-Department of the Prickly-pear Land Commission; . (iv.) The sub-Department of Forestry; " also the word "sub-Department" at the end of the said subsection is repealed and the word "sub-Departments" is inserted in lieu thereof. (b) Section seventeen is amended as follows : - Section 17. In paragraph (b) of subsection one, after the words "Water Supply," the words "Prickly-pear Lands, State Forests, and National Parks;" are inserted; and the semi-colon (;) after the word" Supply" is deleted, and a comma (,) is inserted in lieu thereof. In subsection two the words "Act of 1910"" are repealed and the words "Acts, 1910 to 1929,"" are inserted in lieu thereof. (c) In subsection one of section eighteen, after the Section 18. words" Water Supply," the words" Prickly-pear Lands, State Forests, and National Parks" are inserted. 14. (1.) The Prickly-pear Land Acts as amended by Consolidated this Act may collectively be cited as " The Prickly-pear titles. Land Acts, 1923 to 1932." (2.) The State Forests and National Parks .acts as amended by this Act may collectively be cited as " The State Forests and National Parks Acts, 1906 to 1932." * 22 Geo. V. No. 39, 8upra, page 13797.