State Development and Public Works Organisation Acts Amendment Act of 1949 (13 Geo Vi No. 41) (Qld)

WORKS. 13 GEO. VLNo.41,1949. State Development and Public Works, Etc., Act. WATER SUPPLY. SEWERAGE, AND GASFITTING. See LOCAL AUTHORITIES. WORKERS'· COMPENSATION. See LABOUR. WORKERS' HOMES. See HOUSING. WORKS. An Act to Amend "The State Development and 13: o~o41: I. Public Works Organisation Acts, 1938 to ' Di~ L~ ~ ~ ~ ~ T 1940," in certain particulars, . and for other OA R N G ~ A ~ N ~ IS : A ; T I lO O N purposes. AxEi'::ENT ACT OF 1949. [ASSENTED TO 10TH NOVEMBER, 1949.] B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the I.Jegis- lative Assembly of Queensland in Parliament assembled~ and by the authority of the same, as follows:- 1. This Act may be cited as " The State Development Short title and Public Works Organisation Acts Amendment Act of:truction. 1949," and shall be read as one with *" The State . Development and Public Works Organisation Acts, 1938 to 1940," herein referred to as the Principal Act. The Principal Act and this Act may be collectively ~ ollective cited' as "The State Development and Public Works tItle. Organisation Acts, 1938 to 1949." 2. The following section, numbered 8c, is inserted ~ ew s. 8e after section 8B of the Principal Act, namely :_ Inserted. " [8c.] (1.) All lands other than Crown'lands required Power to for the purpose of providing new home building sites ~ ake land for for home owners deprived of their former homes b~ W. ing consequent on the lands appurtenant thereto being Bites. resumed or acquired for or in connection with the establishment of railway workshops at Redbank, the establishment of a railway depot at Northgate, a railway carriage depot between NOl'thgate and Banyo, * 2 G. 6 No. 3 and amending Act.

268 WORKS. State Development and Public Works, Etc., Act. 13 GEO. VI. No. 41, and a railway workshop and other premises at Virginia, or for or in connection with the establishment of such railway depot, railway carriage depot, or railway workshop and other premises at any other pla·ce within the area of the City of Brisbane in lieu of Northgate, between North- gate and Banyo, and Virginia, as the case shall require, shall and may, with the prior approval of the Governor in Council, be resumed or acquired by the Co-ordinator-General from the owners thereof or the persons having any interest therein under the provisions of this Act to the same extent as if the provision of new dwelling-houses for the aforementioned home owners were works authorised by the Governor in Council under this Act to be carried out by the Co-ordinator- General, and the provisions of this Act shall apply and extend accordingly except that any lands taken (including any lands taken by agreement) shall vest in the Crown and be and be deemed to be Crown land: Provided that any such new home building site shall be resumed or acquired at or in the neighbourhood of the place where the former home of the home owner deprived as aforesaid was situated. (2.) All the purchase money and compensation payable in respect of lands so resumed or acquired together with all expenses incurred by the Co-ordinator- General in effecting such resumption or acquisition shall, subject to a'Ppropriation by Parliament, be paid out of the Consolidated Revenue Fund. (3.). (a) Subject to this subsection, the Governor in Council may, in the name of His Majesty, grant in fee simple, or demise by ~ lease in perpetuity or for a term of years, any land resumed or acquired by the Co-ordinator-General and vested in the Crown under this section. (b) Except as permitted by paragraph (e) of this subsection a grant or demise authorised by this subsection- (i.) Shall not be made to a person other than a home owner deprived or who will be deprived of his home consequent on the land appurtenant thereto being resumed or acquired for or in connection with the establishment of any of the works referred to in subsection one of this section; and

WORKS. 1949. State Development and P1lblic Works, Etc., Act. (ii.) Shall not be made of land exceeding thirty-two perches in area in the case of anyone of the persons mentioned in subparagraph (i.) of this paragraph unless, in the opinion of the Governor in Council, there are special circumstances, in which case the Governor in Council may grant or demise such greater· area of land as he shall think fit in those circumstances. (c) The purchase price (in the case of a grant) or the capital value (in the case of a demise by lease) of land granted or demised under this subsection shall be such sum as the Governor in Council shall fix. The purchase price fixed in respect of land granted under this subsection shall be payable to the Crown by the grantee and the amount thereof may he set off by the Treasurer against the purchase money or compensation payable to that grantee in respect of the lands resumed or acquired from him for or in connection with the establishment of any of the works referred to in subsection one of this section. (d) This subsection shall be read and construed with *" The ~ and Acts, 1910 to 1948," and the provisions of that Act shall apply to and with respect to grants and demises of lands in pursuance of this subsection' as if those grants or demises were in pursuance of *" The Land Acts, 1910 to 1948," excepting that- (i.) To the extent to which any provision of *" The Land Acts, 1910 to 1948," is inconsistent with an express provision of this subsection, it shall not so apply; and (ii.) All coal, petroleum, helium, and minerals are hereby expressly declared to remain the property of the Crown. (e) Any land or any part of any land resumed or acquired by the Co-ordinator-General under this section which is found to be not required for the purposes of this section may be dealt with by the Governor in Council as he deems fit." * 1 G. 5 No. 15 and amending Acts. 269