Tully Sugar Works Area Land Regulations Amendment Act of 1930 (21 Geo v No. 26) (Qld)

13368 SUGAR. Tully S1tgar Works, Etc., Amendment Act. 21 GEO. V. No. 26, 21NGo.eo 2 . 6 V . . An Act to Amend "The Tully Sugar Works Area THE TULLY SUGAR WORKS Land Regulations Ratification Act of 1924" in certain particulars. AREA LAND REGULA- TIONS [ASSENTED TO 25TH NOVEMBER, 1930.] B' A~ ~ ~ = NT E it enacted by the King's Most Excellent Majesty, 1930. by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament ::u:sembled, and by the authority of the same, as follows:- Short title 1. (1.) This Act may be cited as "The Tully Sugar caonndstructl.On. a W n o d rk s s ha A ll re b a e L re a a n d d a R s e o g n u e la W tio • i n th s * A " mTehnedmTeunlltyAScutgoafr 1W9o3r0k," s Area Land Regulations Ratification Act of 1924." Both Acts may collectively be cited as "The Tully Sugar Works Area Land Regulations Acts, .1924 to 1930." Commence- (2.) This Act shall come into operation on a date ment of Act. to be fixed by the Governor in Council by Proclamation published in the Gazette, which date is herein referred to as the commencement of this Act. Amendment 2. The Schedule to *" The Tully Sugar Works Area ooff 1S5chGeedou. lVe . Land Ren ';1 ulations Rat~ fication Act O 'J f 1924" is amended No. 22. as follows : - (1.) Clause six is repealed and the following clause is inserted in lieu thereof:- Clause 6. "[6.] Land to which these Regulations apply may be opened for group selection as agricultural farms or perpetual lease selections, or. for selection as sugar workers' agricultural farms or perpetual lease selections, or may be offered for sale by auction as town, suburban, or country lots, or as perpetual town, suburban, or country leases." Amendment of clause 7. (2.) Clause seven is amended as follows : - (i.) Before the words "Perpetual Lease Selections," forming the heading to the clause, the words "Agri- cultural Farms and" are inserted. (ii.) The first paragraph of the said clause is repealed and the following paragraph is inserted in Heu thereof:- "[7.] For the purpose of opening land for group selection as agricultural farms or as perpetual lease selections, the provisions of t" The Land Acts, 19lO to 1929," relating to group selections shall apply, and all the provisions of *" The Land Acts, 19lO to 1929," relating to agricultural farms or perpetual lease selections shall apply * 15 Gao. V. No. 22, supra, page 11214. t 1 Gao V. No. 15, and amending Acts, supra, pages 8775 et seg.

SUGAR. 1336S 1930. Tully Suga1' Warks, Etc., Amendment Act. ------------.----------------------c--- to the opening of such land as agricultural farms or perpetual lease selections, as the case may be, and to such selections selected, acquired, and held under these Regulations, with, however, the following modifications, namely:-" (iii.) In paragraph (d) of the said clause, before the words " perpetual lease," the words "agricultural farm or " are inserted. (iv.) In paragraph (g) of the said clause, before the words "perpetual lease," the words "agricultural farm or" are inserted. (v.) After paragraph (i) of the said clause, the following new paragraphs are inserted :- "(j) Subsection three of section ninety-nine of *" The Land Acts, 1910 to 1929," shall be read and construed as· if the words "one-fortieth of the notified purchasing price" were deleted and the words "one-twentieth of the purchasing price" were inserted in lieu thereof. (k) Section one hundred of *" The Land Acts, 1910 to 1929," shall be read and construed as if the second paragraph of that section, commencing with the words "Any applicant" and ending with the words "deed of grant in fee-simple," were deleted and the following paragraph were inserted in lieu thereof, that is to say:- "The lessee of an agricultural farm who obtains such certificate shall, upon payment of an amount equal to the remainder of the purchasing price, together with the full amount of any unpaid survey fees or other dues, be entitled to a deed of grant in fee-simple." (3.) After clause seven the following new clause is inserted :- "[7A.] (1.) (a) Any selector of a perpetual lease selection under New clause these Regulations may, at any time prior to the first day of January, 7A. one thousand nine hundred and thirty-two, give notice to the Minister l'{ight of that he elects to have the tenure of his selection converted to that selectors of of an agricultural farm. Upon surrender of the subsisting license or rerpetual lease, the selector shall be entitled to a new license or lease of the land s~ ~ : ~ tions to as an agricultural farm under these Regulations. obtain freeholding title. (b) The term of the new lease shall commence on the quarter Purchasing day following the registration of the surrender of the old license or price. lease, and the purchasing price under the new tenure shall be the same amount as the capital value of the land under the surrendered license or lease. (c) Except in respect of the unexpired part of the year during No credit for which the surrender of the subsisting license or lease is made, no sums past paid as rent under the surrendered tenure shall be credited to the payments. new tenure. * 1 Geo. V, No. 15 and amending Acts, 8upra, pages 8775, et seq.

13370 SUGAR. Tully 81tgar Warks, Etc., Arnendment Act. 21 GEO. V. No. 26, - - - - - ----- --------- Condition of (d) In the case of a surrendered license or lease which was rpeesrisdoennacle. souf btjhecet nteowa liccoenndsietioonr loefaspeerthsoant, alurnetsiildethnece, exipt isrhaatilol nboefathcconpdeirtiioodn during which the condition of personal residence was obligatory, such obligation shall continue in force. Application (2.) (a) Notwithstanding thc provisions of paragraph (b) of foofrvraelvuiee.w part (1) of this clause, if the lessee, at the same time as he lodges his notice of election (provided such notice of election is lodged on or before the thirtieth day of June, one thousand nine hundred and thirty-one), produces evidence that the existing capital value of his selection is greater than the present unimproved value of the land, he may at that time make application to the Minister for a review of such value. Grounds of (b) Such evidence shall be in the form of a statutory declaration application. or an affidavit setting out fully the facts on which the lessee relies to support his contention that the existing capital value of the land is too high. (c) No application for review shall be considered that is not accompanied by evidence as aforesaid. Reference to Court. (d) The Minister in his discretion may refer the application and accompanying declaration or affidavit to the Court with a request that the unimproved value of the land referred to be determined. Determina- tion of value. (e) The Court shall thereupon determine the unimproved value of the land as at the date of the application for review of such value. In such determination the Court shall have regard to the unimproved value of land of similar quality in the same neighbourhood, and may determine the value at the same amount as the present capital value of the land or at any amount higher or lower than such capital value. The value as so determined shall become the purchasing price of the land under the new tenure." Amendment of clause 8. (4.) Clause eight is amended as follows :- (i.) The words "Perpetual Town, Suburban, and Country Leases," forming the heading to the clause, are repealed and the words "Sales by Auction" are inserted in lieu thereof. (ii.) The first paragraph of the said clause is repealed and the following paragraph is inserted in lieu thereof:- " [8.] Subject to the following modifications, the provisions of *" The Land Acts, 1910 to 1929," shall apply to the offering for sale of land under these Regulations and to land purchased, acquired, or held under these Regulations." * 1 Geo. V. No, 15 and amending Acts, 8upra, pages 8775 et 8eq.

SUGAR. 13371 1930. 1'Illly Sugar Works, Etc., Amendment Act. - - - - - - - - - - - - - _ .. (5.) After clause eight the following new clause is inserted ;- "[8A.] (1.) (a) Any lessee of a perpetual town lease, perpetual New clause suburban lease, or perpetual country lease acquired and held under the 8A. provisions of these Regulations may, at any time prior. to the first Right of day of January, one thousand nine hundred and thirty-two, give holders of notice to the Minister that he desires his lease to be deemed a lease ~~ ~ '~ ; ban for a term of ten years, including a covenant entitling the lessee to or count;y a deed of grant in fee-simple; whereupon the subsisting lease shall perpetual be deemed to be a lease of the land therein referred to for a, term of lease~ to ten years from the quarter day following the receipt of the notice, ~ r~ ~ ~ ~ lding and an endorsement to that effect shall be made on the instrument ~itle. of lease concerned, which shall remain in force, together with all encumbrances thereon, until the issue of a deed of grant of the land. (b) Every such lease shall be deemed to include a covenant Lease to entitling the lessee to a deed of grant in fee-simple upon payment of include al '1 moneys due ( m. e I udl' ng any ba1 ance unpal' d on account 0 f surveYecotv'telninangt fee) and upon performance of all the conditions of the lease as l~s~ e to modified by this clause. deed of grant. (C) The purchase price of the land shall be the same amount as P,:rchase the capital value of the land under the perpetual lease. prICe. f t (d) Except as modified by these regulations, the provisions of Provisions of section one hundred and twenty of *" The Land Acts, 1910 to 1929" and cts shall apply to land dealt with under this clause, 0 app y. (e) The lessee shall lodge with his notice an amount equal to Payments. one-tenth of the capital value of the land under the perpetual lease. The balance of the purchase price shall be paid in ten equal annual instalments and all deferred instalments shall bear interest at the rate of five pounds per centum per annum from the commence- ment of the lease. (f) Except in respect of any over-payment of rent under the No credit for subsisting lease, calculated to the date of the commencement of the past t new term of ten years, no sums paid as rent under the previous paymens. tenure shall be credited to the purchase price of the land. (2.) (a) Notwithstanding the provisions of paragraph (c) of Applic~ tion part (I) of this clause, if the lessee, at the same time as he for reVIew of lodges his notice (provided such notice is lodged on or before the value. thirtieth day of June, one thousand nine hundred and thirty-one), produces evidence that the existing capital value is greater than the present unimproved value of the land, he may at that time make application to the Minister on the prescribed form for a review of such value. (b) Such evidence shall be in the form of a statutory declaration Grounds of or an affidavit setting out fully the facts on which the lessee relies application. to support his contention that the existing capital value of the land is too high. (c) No application for review shall be considered that is not accompanied by evidence as aforesaid. (d) The Minister in his discretion may refer the application and Reference to accompanying declaration or affidavit to the Court with a request t,hat Court. the unimproved value of the land referred to be determined. * 1 Geo. V. No, 15 and amending Acts, supra, pages 8775 et seq.

13372 SUGAR. - - - - - - - - _ •.. _- - - - - - - - - Tully Sugar Works, Etc., Amendment Act. 20 GEO. V. No. 26, 1930. Determina. tion of value. (e) The Court shall thereupon determine the unimproved value of the land as at the date of the ~ ppliuation for review of such value. In such determination the Court shall have regard to the unimproved value of land of similar quality in the same neighbourhood, and may determine the value at the same amount as the present capital value of the land or at any amount higher or lower than such capital value. The value as so determined shall become the purchase price of the land, and any necessary adjustment in regard to the amount paid as deposit shall forthwith be made. Payment of (!) Notwithstanding the ~rovisions of ~ aragraph -(e) of par~ (1) deposit when of thIS clause, a lessee applymg for a reVIew of value, provIded review of the rent under the subsisting lease continues to be paid, shall ~ ; ~ ~ fed for. not be required to lodge with his notice the deposit mentioned in the said paragraph (e), but in lieu thereof shall, within twenty- one days after notice of the Court's determination of value has been given to him, pay an amount which, together with the rent paid in respect of the new term of ten years, will equal one-tenth of the purchase price of the land as determined by the Court. The balance of the purchase price as determined shall be paid in ten equal annual instalments, and all deferred instalments shall bear interest at the rate of five pounds per centum per annum from the commencement of the lease; the first of such annual instalments shall be payable twelve months after the commencement of the lease. Existing (3.) Notwithstanding anything contained in any Act to the mortgages contrary, when any lease dealt with under this clause is charged anbd or made security for the payment of any sum of money by the snuot - tloeabsees regI . S t ra t I ' On 0 f a ' memoran d um 0 f mol' t gage or c h arge, or I . S su b J ' ec t t 0 extinguished. a sub-lease registered in the books of the Department of Public Lands, such memorandum of mortgage or charge or sub-lease shall not be extinguished by any action under the terms of this clause, and as between the parties to the said memorandum of mortgage or charge or sub-lease and all other persons such memorandum of mortgage or charge or sub-lease shall be and remain good and effective, and shall have the same force and effect as if the terms and conditions of the original lease had remained unaltered. For the purposes of this clause all the provisions of *" The Land Acts, 1910 to 1929," relating to mortgages and sub-leases on holdings shall, mutatis mutandis, apply." (6.) Clause nine, together with the heading thereto " Sugar Workers' Perpetual Lease Selections," is repealed and the following new clause and heading are inserted in lieu thereof :- ClauRe 9. " SUGAR WORKERS' SELECTIOXS. [9.] The provisions of t" The Sugar Workers' Selections Acts, 1923 to 1929," and so much of these Regulations as are apJllicable, shall apply to the opening of land under these Regulations as sugar workers' selections and to such selections selected, acquired, or held under these Regulations." _ . - .. - - - - - _ . - - - - 'T. * 1 Geo. Y. No. 15 and amending Acts, supra, pages 8775 et seq. t 14 Geo. V. No. 20; 17 Goo XO. 1.5; 20 Geo. V. No. 15, B. 74, supra, pages 10629, 11608, 126·12.