Tully Sugar Works Area Land Regulations Ratification Act of 1924 (15 Geo v No. 22) (Qld)

11214 SUGAR WORKS. Tully Sugar Works, Etc., Regulations Act. ];) GEO_ V_ No. 22, SUGAR WORKS. Tully Sugar Works Area Land Regttlations Ratifi- cation Act of 1924 15 Geo. V. No. 22 Babinda Sugar Works Act of 1924 15 Geo. V. No. 29 15 Geo. V. An Act to Declare the Validity of Certain Regu- No. 22. THE lations dated the 30th day of May, 1924, TULLY SUGAR purporting to have been made under the WORKS AREA LAND provisions of "The Sugar Works Act of REGULA- TIONS RATI- 1922," and for other consequential purposes. FICATION ACT OF 1924. [ASSENTED TO 28TH OCTOBER, 1924.] 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 :- Short title. 1. This Act may be cited as "The Tully Sugar Works Area Land Regulations Ratification Act of 1924." Ratification 2. (1.) It is hereby declared that the Regulations Uegulations dated the thirtieth day of May, one thousand nine of 30th May, hundred and twentv-four, purporting to have been made 1924. by the Governor v in Council in pursuance of the provisions of *" The Sugar Works Act ot 1922," relating to the opening and sale of Crown lands within the Tully Sugar Works Area in the State of Queensland, a copy of Schedule. which Regulations is set forth in the Schedule to this Act, ,vere on and from the thirtieth day of May, one thousand nine hundred and twenty-four, and are and shall be valid and binding Regulations under and for the purposes of the said Act until the same or any of them are rescinded, amended, varied, or added to pursuant to the powers contained in the said Act and in this Act; and all acts, matters, and things done or performed or purporting to have been done or performed, whether wholly or in part under the said R9gulations, were and are and shall be valid and effectual for all purposes, and where necessary may be continued and completed. (2.) The said Regulations may be cited as "The Land Regulations (Tully Sugar Works Area) of 1924." * 13 Geo. V. No. 30, suPra, page 10201.

SUGAR WORKS. 11215 1924. Tully Sugar' W or'ks, Etc., Regulations Act. (3.) On and from the thirtieth day of May, one thousand nine hundred and twenty-four, and notwith- . standing anything contained in *" The Sugar Works ot Act 1922" or any other Act, the Secretary for Public Lands shall be deemed to have been and shall be charged with the administration of the· said Regu- lations and shall be deemed to have had and shall have all the duties, powers, rights, responsibilities, authorities, and privileges in the said Regulations expressly or by reference to t"The Land Acts, 1910 to 1923" conferred or imposed upon him; and such and so much of the provisions of the last-mentioned Acts and of t"The Sugar Workers' Perpetual Lease Selections Act of 1923" and of § "The Local Authorities Acts, 1902 to 1923" as are by the said Regulations applied, with or without modifica- tions, to the lands to which the said Regulations apply, shall be deemed to have been and shall be applicable accordingly. (4.) The Governor in Council may from time to time amend, vary, or add to the said Regulations, or may wholly rescind the same and make Regulations having the same or similar purport or effect. SCHEDULE. ,1. In these Regulations the term "the Aet" means "The Snga1' 1,\/ Mks Act of 1922, " and the term" the Corporation" means the Corporation of the Treasurer of Queensland as defined by that Aet. 2. These Regulations shall apply to the following lands:- Ca) All Crown lands within the 'l'ully Sugar Works Area as created and from time to time defined under the Act, which said Crown lands have been or shall have been set apart and placed under the control of the Corporation; and Cb) All lands which have been or shall have been aequired by the Corporation within or for purposes eonnected with the said 'rully Sugar Works Area: * 13 Geo. V. No. 30, supra, pe.ge 10201. t 1 Geo V. No. 15 and amending Acts, supra, p",ges 8775, 9177,9180, 10096, and 10598. t 14 Geo. V. ~ o. 20, supra, pl',ge 10629. § 2 Edw. VII. No. 19 gnd amending Acts, supra, pgges 1860 et scq., 5653, 5918, 8304, 9571, 10126, and 10661.

11216 SUGAR WORKS. Tully Sugar Works, Etc., RelJIIlations .f1ct. 15 GEO. Y. Xo. 22, Provided, however, that these Regulations shall not apply to any unoccupied land of either of the above classes which the Corporation shall, by notice in writing to the Minister, requ,ire to be excluded from the operation of these Regulations. . 3. The Secretary for Public Lands, herein called "the Minister," shall administer these Regulations. 4. Subject to these Regulations, the Minister shall, with respect to the lands to which these Regulations apply, have all the duties, powers, rights, responsibilities, authorities, am) privileges vested in or conferred ur imposed upon him under *" I'll eLand Atts, UJ1 () to 192:3," in l'esped of Crown lands. 5. So much of the provisions of Part n. of ~ " , The [Jaild Atts, 1910 to 1923," mutatis mutandis, as are applicable shall apply to the lands to which these Regulations apply, whether unoccupied or acquired, selected, leased, pn,rchased, or held under any tenure under these Regulations. 6. Land to which these Regulations apply may be opened for group selection as perpetual lease selections, or for selection as sugar workers' perpetual lease selections, or for sale by auction as perpetual town, suburhan, or country leases, but shall not be otherwise ,dealt with. PERPETUAL LEASE SELECTIONS. 7. For the purpose of opening land for group selection as perpetual lease selections, the provisions of *', The Land Acts, 1910 to 1923," relating to group selections shall apply, and all the provisions of *" The La lid Acts, 1910 to 1923," relating to perpetu,al lease selections shall apply to the opening of such land as perpetual lease selections and to such selections selected, acquired, and held under these Regulations, with, however, the following modifications, namely:- (a) Before such land is actually notified to be open for selection, it shall be allotted by the Minister amongst applicants approved by him. (b) Immediately upon a portion being allotted to an applicant, such allottee may enter upon the portion for the purpose of effecting his improvements. (c) Within three months from the date of allotment of any portion to an approved applicant, such allottee shall personally commence to occupy the portion and shall continue thereafter to occupy the portion. He shall commence to improve the portion forth- with upon occupation, and having commenced to make improvements shall thereafter make progress to the satisfaction of the Minister, and shall maintain in good order and condition all improvements on the portion, whether already existing or effected by him. If an allottee fails to occupy his portion within the specified time, or to the satisfaction of the * 1 Geo. V. No. 15 and amending Acts, supra, pages 8775, 9177, 9180, 10096, and 10598.

SlTGAR 'NORKS. ]924. TIl!ly Sugar Works, Etc., Rcgulations Act. Minister to improve the portion allotted to him, or to maintain all improvements, he may be called upon by the Minister, at any time prior to the date of the issue to him of a license to occupy, to show cause to the satisfaction of the Minister within a time to be fixed by the Minister why the allotment of the portion to him should not be cancelled and his rights (if any) in the portion should not be forfeited. If he fails to show satisfactory cause for such failure, the allotment of the portion to him may be cancelled, and his rights (if any) in the portion may be forfeited by the :lVIinister without any further notice or process. (d) Subject to the provisions of paragraph (c) hereof, at any time after the expiration of a period of six months from the date of allotment to an allottee the portion may be notified to be open for perpetual lease selection with priority of application to such allottee. Within one month from the date of opening, or within such fU,rther period as the Minister may allow, the allottee shall complete his application to select the portion. (e) Subsection 2. of section 104 of *" Thc Land Acts, 1910 to 1923," shall be read and construed as if the words "one pound ten shillings," where they la::;t appear, were deleted, and the words "five pounds" were inserted in lieu thereof; and as if the words "provided that the rent for the second year shall be a peppercorn (if demanded) " were deleted. Subsection 3 of section 104 of , ~ " The Land ..Acts, 1910 to 1923," shall be read and construed as if the words "one pound ten shillings" were deleted, and the words "five pounds" were inserted in lieu thereof. (f) The notification declaring any portion or group of portions open' for selection may impose a condition that a specified area shall be cultivated and placed under sugar-cane within a specified time or at a specified rate of progress until the specified area is so cultivated and placed u.nder sugar-cane. (g) Every perpetual lease selection under these Regula- tions shall be used wholly for agricultural or residential purposes only. Upon any breach of this condition tht selection may, in the discretion of the Minister, be forfeited. (h) In addition to the matters and things for which forfriture is prescribed under ,l" The Land Acts, 1910 to 1923," or hereunder, a selection shall be liable for forfeiture for failure on the part of the selector to comply with any lawful notice under the Act served on him by the Corporation or any person duly au.thorised by the Corporation in that behalf. -- - - ---- - - * 1 Geo. V. No. 15 and amending Acts, supra, pages 8775, 9177, 9180, 10096, R.hd 10598. 11217

11218 .SUGAR WORKS. Tully Sugar Works, Etc" Regulations Act. 15 GEO. V. No. 22, 1924. (i) The selector of a selection under these Regulations shall not sublease, subdivide, transfer, or mortgage such selection without the consent of the Minister and of the Corporation. Any sublease, subdivision, transfer, or mortgage made in contravention of this Regulation shall be null and void, and upon any such sublease, subdivision, transfer, or mortgage, or attempted sublease, sub- division, transfer, or mortgage, the selection may, in the discretion of the Minister, be forfeited. PERPETUAL TOWN, SUBURBAN, AND COUNTRY LEASES. 8. Subject to the following modifications, the provisions of Part V. of *" The Land Acts, 1910 to 1923, " and all other provisions of *" The Land Acts, 1910 to 1923," relating to perpetual town, suburban, or country leases, shall apply to the offering for sale of land under these Regulations as perpetual town, suburban, or country leases and to land purchased, acquired, or held under such leases:- (1) Subsections (iii.) and (iv.) of section 121 shall be read and construed as if the words" three pounds" wherever appearing were deleted and the words "five pounds" inserted in lieu thereof. (2) Subsection (v.) of section 121 shall be read and construed as if the words "five shillings" were deleted, and 'the words "one pound" were inserted in lieu thereof. (3) Perpetual town, suburban, and country leases under these Regulations may be offered at auction as business or residential areas, and the notification offering the lands for sale may prescribe accordingly. A perpetual town, suburban, or country lease offered at auction as a residential area shall not be used for any purpose other than residential purposes, and the lease may, in the discretion of the Minister, be forfeited for breach of this provision. (4) The lessee of a perpetual town, suburban, or country lease under these Regulations shall, to the satisfaction of the Minister, at all times keep all fences and improve- ments on the land in a good state of repair. The Minister may, by notice in writing to the lessee, require the lessee tc comply with this condition within a time specified in such notice. Upon any failure by the lessee to comply with such notice within the time therein specified, the lease may, in the discretion of the Minister be forfeited. (5) The lessee of a perpetual town, suburban, or country lease shall not sublease, subdivide, transfer, or mortgage such lease without the consent of the Minister and of the Corporation. * 1 Geo. V. No. 15 tmd amending Acts, supra, pages 8775, 9177, 9180, 10096, and 10598.

SUGAR WORKS. 15 GEO. V. No. 29, 1924. Babinda Sugar Work8 Act. -,·!.ny sU,blease, subdivision. transfer, or mortgage made in contravention of this Regulation shall be null and void, and upon any such sublease, subdivision, transfer, or mortgage, or attempted sublease, subdivision, transfer, or mortgage, the lease may, in the discretion of the Minister, be forfeited. SUGAR WORKERS' PERPETUAL LEASE SELECTIONS. 9. '1'he provisiom; of *" 1'71 e Sugar W orhers' Perpetual Lease Selections Act of 1923," and so much of these Regulations as are applicable, shall apply to the opening of land under these Regula- tions as sugar workers' perpetual lease selections and to such selections selected, acquired, or held under these Regulations. 10. All rents and survey fees received under these Regula- tions shall be paid into the Treasury in such manner as the Governor in Council may direct. 11. For the purposes of making valuations under section 218 of t" The Local A ldhorities Acts, 1902 to 1923," land held under lease or license under these Regulations shall be deemed to be held under lease or license from the Crown under the laws relating to the occupation and nse of Crown lands. 11219 An Act to Authorise the Transfer of the Babinda Sugar Works from the Corporation of the Treasurer to a Company or Association, and for other consequential purposes. [ASSENTED TO 30TH OCTOBER, 1924.] 15 Geo. V. No. 29. THE BABINDA SUGAR WORKS ACT OF 1924. 7 ""1-:\ HEREAS under and pursuant to the provisions of Preamble l'l t" The Sugar Works Act of 1911" the Babinda Sugar Works Area was duly created, and the Babinda Sugar Works (hereinafter referred to as "the sugar works") were constructed and became and stm are vested in the Corporation as defined by the said Act (hereinafter referred to as "the Corporation"), and the sugar works since construction and the business thereof have been maintained, worked, managed, and controlled by the Corporation: And whereas provision is by the said Act made for the ultimate transfer to a company of all the nght, title, and inte:fe'~ t, 01 the CorporatIon in the sugar works: * 14 Geo. V. No20, supra, page 10629. t 2 Edw. VII. No. HI and amending Acts, supra, pages 1"860 et seq., 5653, 5918, 8304,9571. 10126, and 10661. t 2 Geo. V. No. 8, supra, page 5211.