Public Works Land Resumption Acts Amendment Act of 1955 (4 Eliz Ii No. 5) (Qld)

492 WORKS. Public Works Land Resumption, Etc., Act. 4 E liz . II. No. 5, WORKS. (1) Public Works Land Resumption Acts Amendment Act of 1955 .. .. .. (2) State Development and Public Works Organisa­ tion Acts Amendment Act of 1954 .. .. 4 Eliz. II. No. 5 3 Eliz. II , No. 48 An 4 E liz . II. NO. 5. T he P ublic W orks L and R esumption A cts -A mendment A ct of 1955. Act to Amend “The Public Works Land Resumption Acts, 1906 to 1952/’ in certain particulars. [A ssented to 14 th A pbil , 1955.] B E.it enacted by the Queen’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:— Short title. 1. (1.) This Act may be cited as “ The Public Works Land Resumption Acts Amendment Act of 1955.” Principal Act. Collective title. (2.) *“ The Public Works Land Resumption Acts, 1906 to 1952,” are in this Act referred to as the Principal Act. (3.) The Principal Act and this Act may be „ collectively cited as “ The Public Works Land Resumption Acts, 1906 to 1955.” Aofms.en4d. ment repea2li.ngSescutbiopnarfaogurrapohf t(hiae. ) PtrhinecreipoaflaAndctbiys ainmseenrtdinegd, biyn lieu of that repealed subparagraph, the following subparagraph :— “ (ia.) To be set apart, subdivided, resubdivided, reclaimed, alienated, taken up, occupied, leased, used as town lands or suburban lands, or to be dealt with in any manner in which Crown land may be dealt with under The Land Acts, 1910 to 1953,” (whether, in carrying out the purpose for which the land is taken in any of the cases in this subparagraph specified, the land is dealt with separately or in conjunction with any adjacent or other Crown land); ”. * 6 E. 7 No. 14 and amending Acts, f 1 G. 5 No. 15 and amending Acts.

1955. WORKS. Public Works Land Resumption, Etc., Act. 493 3. The following section, numbered 8 a , is inserted New s. 8 a . after section eight of the Principal Act:— “ [5 a .] (1.) The provisions of this section--- Revocation (i.) Shall apply with respect to the taking of any land, whether taken before, on, or after the commencement of *“ The Public Works Land Resumption Acts Amendment Act of 1955 ”— (а) By the Crown under and subject to this Act; or (б) By the Crown or by any Minister of the Crown in right of this State, or by any Crown corporation or instrumentality or corporation or instrumentality representing the Crown in right of this State, in the exercise pursuant to any other Act of its or his powers as a constructing authority under this Act; (ii.) Shall extend, with all necessary adaptations hereof, with respect to the taking by any constructing authority as aforesaid of any easement over any land ; and (iii.) Shall be in addition to and not in derogation of any of the other provisions of this Act. (2.) If, at any time after the making of the Proclamation taking any land and before the amount of compensation to be paid in respect of the taking thereof is determined by the Land Court or the payment of compensation in respect of the taking is sooner made, it is found that the land or any part thereof is not required for the purpose for which it was taken, the Governor in Council may, by a subsequent Proclamation revoke the former Proclamation and, if that former Proclamation has been amended, the amending Proclamation or either of such Proclamations, either wholly or so far as he thinks necessary: Provided that a Proclamation under this subsection shall not be made unless the person entitled to compensation in respect of the taking of the land has previously agreed in writing to the revesting in him as provided by this section of the land or part to which that Proclamation relates. * This Act.

494 WORKS. Public Works Land Resumption, Etc., Act. 4 E liz . II. No. 5, (3.) Upon the revocation wholly or otherwise by a subsequent Proclamation under subsection two of this section of any former Proclamation— (i.) The former Proclamation shall to the extent to which so revoked be deemed to be absolutely void as from the making thereof as if it had not been made ; and (ii.) Without prejudice to the provisions of subparagraph (i.) of this subsection, the land or part thereof, as the case may be, to which the subsequent Proclamation relates shall revest in the person in whom the same vested immediately prior to the day when it was taken by the constructing authority under and pursuant to the Proclamation taking the land and, subject as hereinafter in this subparagraph provided, shall so revest for his then estate or interest therein : Provided that such land or part shall so revest subject to all trusts, obligations, mortgages, encumbrances, charges, rates, contracts, claims, estates, and interest of what kind soever subsisting therein or thereover immediately prior to the taking thereof, but so that no person shall be prejudiced by reason of his having, in consequence of the Proclamation taking the land in question and in the meantime, done or omitted to do any act or thing or failed to exercise any right in respect of any such trust, obligation, mortgage, encumbrance, charge, rate, contract, claim, estate, or interest, and, without limiting the generality of the aforegoing, so that the time allowed under any such trust, obligation, mortgage, encumbrance, charge, rate, contract, claim, estate, or interest for the doing of any act or the exercising of any right shall be deemed not to be shortened by the period commencing on and including the date on which the land was taken and ending with and including the day immediately preceding the date on which the land or part was revested ; and

1955. WORKS. Public Works Land Resumption, Etc., Act. 495 (iii.) The Minister shall cause a Gazette copy of the subsequent Proclamation to be lodged with the authority charged with registering the instrument of title to such land or part, and that authority shall as soon as may be thereafter, at the cost and expense of the constructing authority by whom the land was taken, do and execute all such acts, matters, and things as he shall consider necessary to give effect to this subsection. (4.) Without limiting the generality of the provisions of subparagraph (iii.) of subsection three of this section in that behalf, in the case of freehold land the Registrar of Titles may make such endorsements upon the deed of grant or certificate of title for any parcel of such revested land or part or issue such new certificates of title therefor with such endorsements thereon, if any, as he may deem requisite in the circumstances. (5.) Where any land or part of any land is revested pursuant to this section consequent upon its taking, then, subject to the provisions hereinafter in this subsection contained, neither the constructing authority by whom the land was taken nor any other person shall be liable to pay compensation for any loss or damage alleged to have been occasioned (directly or indirectly) by reason of such taking or revesting : Provided that the constructing authority shall be liable for compensation for the actual damage (if any) done to the land or part by it during its occupation from and including the date on which the land or part was taken by it to and including the day immediately preceding the date on which the land or part was revested. The constructing authority as aforesaid may, in its unfettered discretion, make payment to any person entitled to claim compensation upon the taking of the land or part of all or any costs and expenses incurred by him in consequence of the taking of the land and prior to its revesting, and for that purpose may have such costs and expenses taxed by the proper officer of the Supreme Court under the rules of that Court.”. 4. (1.) Subsection six of section 12 a of the Principal Amendment Act is amended by repealing therein the words “ threeofs- 12 a years ” and by inserting, in lieu of those repealed words, the words “ one year ”.

496 WORKS. Public Works Land Resumption, Etc., Act. 4 E liz . II. No. 5, (2.) The amendment made by subsection one of this section to subsection six of section 12 a of the Principal Act shall not apply to any claim for compensation or for damages, the time for the making of which is limited by that subsection six of section 12 a , in consequence of any election by the Minister under the said section 12 a prior to the commencement of *“ The Public Works Land Resumption Acts Amendment Act of 1955,” but the time limited for making any such claim shall be one year ~ commencing on the date of the commencement of *“ The Public Works Land Resumption Acts Amendment Act of 1955,” or the period of time for making the claim still to run on the day immediately prior to the date of the commencement of *“ The Public Works Land Resumption Acts Amendment Act of 1955,” whichever is the shorter period. Amendments 5. Subsection one of section eighteen of the Principal of s. is (i). Act is amended by repealing the last paragraph thereof (being that paragraph commencing with the words “ The term ”). Repeal of 6. Section twenty-one of the Principal Act is and^new repealed and the following section is inserted in lieu of ” that repealed section :— Furnishing “ [21.] If the claimant does not state in his claim particulars f°r compensation full particulars of all the matters by claimant, specified in subsection one of section twenty of this Act, the constructing authority may, by notice in writing served on the claimant within thirty days commencing on the date of the service of the claim for compensation, require him to furnish to it the particulars not stated. Where the constructing authority pursuant to this section requires further particulars to be furnished to it and full particulars as so required are not furnished within sixty days commencing on the date of the giving of that notice, the claim shall be absolutely barred. Repeal of and new s. 22. Offer of com­ pensation. 7. Section twenty-two of the Principal Act is repealed and the following section is inserted in lieu of that repealed section :— “ [22.] (1.) The constructing authority may, within thirty days commencing on the date of the service of the claim or, where further particulars are required pursuant * This Act.

1955. WORKS. Public Works Land Resumption, Etc., Act. 497 to section twenty-one of this Act to be furnished to it, within thirty days commencing on the date when full particulars are so furnished, serve on the claimant an offer of compensation in writing. Such offer shall be deemed not to be an admission by the constructing authority of the claimant’s title to the land with respect to which the offer is made. (2.) A claimant upon whom an offer of compensation Rejection of is made pursuant to subsection one of this section,offer' may, within sixty days commencing on the date of the making of the offer of compensation, serve on the constructing authority a notice in writing rejecting the offer. If a notice in writing rejecting the offer is not served within the time aforesaid, the offer of compensation shall be deemed to be accepted by the claimant and the constructing authority shall forthwith settle the compensation in accordance with that offer.”. 8. Section twenty-three of the Principal Act is Amendments amended— of s-23- (i.) By inserting in subsection one of that section after the words “ constructing authority ” the words “ within the time prescribed by and otherwise in accordance with subsection one of section twenty-two of this Act ” ; and by inserting in subsection one of the said section twenty-three after the words “ the claimant ” the words “ within the time prescribed by and otherwise in accordance with subsection two of section twenty-two of this Act ” ; (ii.) By adding to subsection two of that section the following paragraph :— “ If the claimant fails to file in the office of the Registrar of the Land Court a copy of his claim and of all notices and particulars as aforesaid within the period prescribed by this subsection his claim for compensation shall be absolutely barred notwithstanding his compliance in respect of that claim with the time limits prescribed by section eighteen and, if applicable, by sections twenty-one and twenty-two of this Act ” ; and

498 WORKS. Public Works Land Resumption, Etc., Act. 4 E liz . II. No. 5, 1955. (iii.) By repealing subsection seven of that section and by inserting, in lieu of that repealed subsection, the following subsection:— “ (7.) Subject to the provisions hereinafter in this subsection contained the costs of and incidental to all proceedings under this Act to determine the amount of compensation shall be in the discretion of the Court. If the amount of compensation as finally determined is the amount claimed by the claimant or is nearer to that amount than to the amount of compensation offered to the claimant by the constructing authority, whether or not that offer was made within the time prescribed by this Act for the making thereof, costs, if any, shall be awarded to the claimant; otherwise costs, if any, shall be awarded to the constructing authority ” ; (iv.) By adding to that section the following subsection:— “ (8.) When awarding compensation in any proceedings under this Act to determine the amount of compensation to be paid the Court may, in addition, award interest on the amount of compensation determined, in respect of the period commencing on and including the date when the land in question was taken by the constructing authority concerned and ending on and including the day immediately preceding the date on which payment of that compensation is made (but so that such interest shall not extend for more than two years) at such rate per centum per annum as to it seems reasonable, and thereupon the constructing authority shall pay such interest in accordance with that award. Where interest is awarded as aforesaid, then for the purposes of sections twenty-six to twenty-nine of this Act, both inclusive, such interest shall be deemed to be part of the compensation determined.”. Application 9. The amendments of the Principal Act made by ooff sths. is6,A7c,t. 1 sections six, seven, and eight of this Act shall not apply to claims for compensation made under the Principal Act before the commencement of *“ The Public Works Land Resumption Acts Amendment Act of 1955,” and the provisions of the Principal Act as in force immediately * This Act.

WORKS. 499 3 E liz . II. No. 48, 1954. State Development Etc., Act. prior to the commencement of *“ The Public Works Land Resumption Acts Amendment Act of 1955,” shall continue to apply to those claims. 10. Section thirty-four of the Principal Act is Amendment amended by repealing the last paragraph thereof and by ° s' ’ inserting, in lieu of that repealed paragraph, the following paragraph :— “ Where a document is sent by post it shall unless the contrary is proved be deemed to have been served at the time at which the letter containing that document would be delivered in the ordinary course of post.”. An Act to Amend “The State Development and Public Works Organisation Acts, 1938 to 1951,” in certain particulars. [A ssented to 10 th D ecember , 1954.] B E it enacted by the Queen’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 State Short Development and Public Works Organisation Acts Amendment Act of 1954.” (2.) f“ The State Development and Public Works Principal Organisation Acts, 1938 to 1951,” are in this Act referred Act‘ to as the Principal Act. (3.) The Principal Act and this Act may be Coiketive collectively cited as “ The State Development and Public tIte‘ Works Organisation Acts, 1938 to 1954.” 2. Section two of the Principal Act is repealed and, 2 in lieu of that repealed section, the following section isan news- ■ inserted, namely:— limit o [ f - 2 t .1 i J mTeh.” is. Act shall continue in force without O of p A er c a t t . ion * This Act. t 2 G. 6 No. 3 and amending Acts.