Public Works Land Resumption Acts Amendment Act of 1938 (2 Geo Vi No. 11) (Qld)

WORKS. 2 GEO. VI. No. n, 1938. Public Works Land Resumption, Etc., Act. WAREHOUSEMEN'S LIENS. See MERCANTILE. WHEAT STABILISATION. See AGRICULTURE. 17359 WORKS. (1) Public Works Land Resumption Act Amend- ment Act of 1938 (2) State Development and Public Works Organisa- tion Act of 1938 2 Geo. VI. No. n 2 Geo VI. No. 3 An Act to Amend "The Public Works Land Resump- 2 GEO. VI. tion Acts, 1906 to 1917" (as amended by Tl: ; O- P~ i. JO • • WORKS LAl'ID subsequent Acts) In certain partlculars. RES=ON AMEND1IIlIm! ACT O~ 1938. [ASSENTED TO 20'rH OCTOBER, 1938.] 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. (1.) This Act may be cited as "The Public Short title Work8 Land Re8umption Act8 Amendment Act of 1938," and tru t'on and shall be read as one with *" The Public Work8 Land ~ ~ ~ ct. Cl. Resumption Act8, 1906 to 1916" (as amended by t" The Public Work8 Land Re8umption Act Amendment Act of 1917," t"The Public Work8' Land Resumption Acts Amendment Act of 1926," and §"The Bureau of Industry Act Amendment Act of 1934 "), herein collectively referred to as the Principal Act. (2.) The Principal Act and this Act may collectively Collectiv0 be cited as "The Public Work8 Land Resumption Act8, title. 1906 to 1938, * 6 Edw. VII. No. 14 and amending Act, BUpra, pages 8211 et seq. t 8 Oeo. V. No. 20, supra, page 8362. ~ 17 Oeo. V. No. 18, supra, page 11814. § 25 Oeo. V. No. 28, BUpra, page 14986.

17360 WORKS. Public Works Land Resumption, Etc., Act. 2 GEO. VI. No. 11, Amendment of the Principal Act. New s. 12A. 2. A new section 12A is inserted after section twelve of the Principal. Act, namely:- Election of "[12A.] (1.) Notwithstanding anything contained in ~ ~ ~ ~ where this Act or in any other Act or law, rule of law, or practice constr~ cting or process of law to the contrary, where the Crown is authonty. the constructing authority and as such takes any land and compensation for the taking of such land is payable by the Crown as such constructing authority, the Minister shall for a period of three months after the amount of such compensation has been finally determined by the Land Court or Land Appeal Court, as the case may be, have the right to elect whether the Crown in the public interest- (a) 'Vill continue with such resumption in full; or (b) Will discontinue such resumption; or (c) Will continue with such resumption with respect to part only of the land included in the proclamation of resumption (hereinafter referred to as the" original proclamation "). ~ot!~ e ef (2.) The Minister shall, before the expiration of the ~ : ~ ~ ~ ~sted aforesaid period of three months publish in the Gazette in Gazette. a notice of his election as aforesaid. If the Minister elects- .(i.) That the Crown will continue with the resumption in full, the Crown shall pay the amount of the compensation finally determined as aforesaid; or {ii.) That the Crown will discontinue the resumption, the Crown shall not be liable to pay the amount of the compensation finally determined as aforesaid, but in lieu of such amount the Crown shall be liable for compensation for the actual damage (if any) done to the land by it during its occupation from the date of the original proclamation to the date of discontinuance, and in addition the Crown shall pay to each claimant for

WORKS. 17361 1938. Pnblic Works Land Resnmption, Etc., Act. compensation the costs and expenses (if any) awarded to him upon the final determination as aforesaid of the amount of compensation payable to him; or (iii.) That the Crown will continue the resumption with respect to part only of the land included in the original proclamation, the Crown shall not, except as hereinafter provided, be liable to pay the amount of the compensation finally determined as aforesaid with respect to any parcel of such land the resumption of which is discontinued, but in lieu of such amount every claimant for compensation for a parcel of land the resumption of which is discontinued pursuant to such notice shall be entitled to compensation for the actual damage (if any) done to such parcel by the Crown from the date of the original proclamation to the date of discontinuance: Provided that the Crown shall pay to every claimant for compensation for a parcel of land the resumption of which is discontinued. pursuant to such notice the costs and expenses (if any) awarded to him upon the final determination as aforesaid of the amount of compensation payable to him. (3.) A notice published in the Gazette that the When Crown will continue the resumption with respect to Ga: ~ tte t part only of the land included in the original proclamation d~ s~ ~ ~ beo shall describe in full the part of the land with respect to land d which the resumption is so continued. resume . (4.) When compensation has been finally determined Compensa. as aforesaid with respect to any parcel of land the tion ffr f resumption of which is continued in full by the Crown ra~~eth~ pursuant to the election by the Minister notified in the refsumhPthion • OWlC Gazette, the Crown shall pay to every claImant duly continued. entitled to any amount of such compensation the amount so finally determined in his case. (5.) When compensation has been finally determined C:0mpensa. as aforesaid with respect to any parcel of land, the ~ ~ ~! f~f resumption of which is partly continued and partly land . discontinued by the Crown pursuant to the election by ~ 1s= ~ ~ on the Minister notified in the Gazette, the Crown shall no ?ontinued longer be liable to pay to any claimant the amount of ill part only.

17362 WORKS. Public Works Land Resumption, Etc., Act. 2 GEO. VI. No. 11, such compensation so finally determined in his case but in lieu of his right to such amount each such claimant shall be entitled to claim- (a) Compensation for the part of such parcel the resumption of which is continued; and (b) Compensation for the actual damage (if any) done to the part of such parcel the resumption of which is discontinued by the Crown from the date of the original proclamation to the date of publication in the Gazette of the notice of election by the Minister: Provided that the Crown shall pay to every such claimant the costs and expenses (if any) awarded to him upon the final determination as aforesaid of the amount of compensation payable to him. oHperondwsaamctioaomgne-s to th( 6e.) mAalklinogf, thheearpirnogv,isiaonnds odfettehrims iAnacttiownitohf rcelsapiemcst dsueenctdeteirormntihniesd. faoprplcyomanpdenesxattieonnd tthoeraeuncldaeimr sfhoarll, co m m u p ta en ti s s ati m o u n ta m nd ad is e , pursuant to subsection five of this section, or to a claim for damages made pursuant to paragraph (ii.) or paragraph (iii.) of subsection two of this section, and the time limited for making any such claim shall be three years from the date of the publication in the Gazette of the notice of election by the Minister. Revesting (7.) From and after the date of the publication in ~! s=~ tion the Gazette of a notice of election under this section of which any land the resumption of which is discontinued shall discontinued. revest ' In the person I.n whom the same vest ed immediately prior to the day when such land became Crown land under and pursuant to the original proclamation and, subject as hereinafter provided, shall so revest for his then estate or interest therein: Provided that all such land shall so revest subject to all trusts, obligations, mortgages, encumbrances, charges, rates, contracts, claims, estates, or interest of what kind soever subsisting therein or thereover immediately prior to the day when such land became Crown land under and pursuant to the original proclamation.

1938. WORKS. Public Works Land Resumption, Etc., Act. 17363 (8.) The Minister shall cause a Gazette copy of every Service of notice of election made by him with respect to a ~ oti~ . e of resumption to be lodged with the authority charged e ec Ion. with registering the instrument of title to such land or to any parcel thereof. (9.) In the case of freehold land the Registrar of Pow.ers of Titles shall as soon as may be after such Gazette copy ~ ~ y~ ~ : rar of has been so lodged with him do and execute all such acts, matters, and things as he shall consider necessary and desirable to give effect to subsection seven of this section and, without limit to the generality of this subsection, he may- (a) Make such endorsements upon the deed of grant or certificate of title for any parcel of such revested land or issue such new certificates of title therefor with such endorsements thereon as he may deem requisite in the circumstances; a n d ! (b) Require the Minister to cause such survey to be made and such particulars thereof to be furnished to him as he shall think fit. ]'or the purposes of giving effect to this subsection the Registrar of Titles may at his discretion refrain from cancelling the deed of grant or certificate of title for any parcel. of land which has become Crown land pursuant to the original proclamation until the Gazette copy of the notice of election by the Minister has been lodged with him, and in the event of such resumption being discontinued the Registrar of Titles may at his discretion refrain altogether from cancelling such deed or certificate: Provided that the Registrar of Titles may at any time enter a caveat on behalf of the Crown to prohibit the transfer or dealing with any parcel of land which has become Crown land pursuant to the original proclamation during the period from and after the date of the entry of such caveat and up to the date when the Gazette copy of the notice of election by the Minister shall be lodged with him. (10.) No person shall be prejudiced in respect of Saving of any mortgage, encumbrance, charge, claim, estate, or righrtts of m. terest eX.lst.mg.m respect 0 f t he Iadn by reason 0 f h I ' S & m0o. gagees

17364 WORKS. Public Works Land Resumption, Etc., Act. 2 GEO. VI. N:o. 11, 1938. having in consequence of the original proclamation done or omitted any act or thing or failed to enforce or to act upon any right or to comply with any obligation in respect of such mortgage, encumbrance, charge, claim, estate, or interest. Costs and (11.) The costs and expenses in connection with the erexgpiesntrsaetsioonf, regI • st rat'IOn and I.ssue 0 f documen t s rendered necessary &0. by the election of the Minister under this section shall be borne by the Crown as constructing authority. Such costs and expenses may be taxed by the proper officer of the Supreme Court under the rules of that Court. Application (12.) The provisions of this section shall, m~ dati8 toof seeacstei·on mutandis, apply and extend to the acquiring by the ments. Crown under this Act of an easement upon land. Interpreta. (13.) Save as by this section provided, nothing in stieocntioonf. this section shall prejudice or in any wise affect the provisions of this Act." Retro. spectivity. 3. The provisions of section 12A as enacted by section two of this Act shall be and be deemed to have been inserted in the Principal Act on the first day of January, one thousand nine hundred and thirty-eight, and shall extend and apply and have full operation and effect in respect of any taking of land by the Crown as a constructing authority on and from such date, and this Act shall have full retrospective operation and effect accordingly. .