War Service Land Settlement Acquisition Act of 1945 (9 Geo Vi No. 25) (Qld)

216 LANDS. War Service Land Settlement Acquisition Act. 9 GEO. VI. No. 25, 9 N GE o O .2 . 5 Y . I. An Aot to Make Provision for the Aoquisition of THE WAR SERVICE Land for the purpose of War Servioe Land I,AND SE'fTLEMENT ArQICISITION Settlement. ACT OF 1945. [ASSENTED TO 6TH DECEMBER, 1945.) Short title. 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. This Act may be cited as "The War Service Land Settlement Acquisition Act of 1945." Meaning of . 2. In this Act, unless the context otherwise indicates terms. or requires, the following terms shall have the meanings respectively assigned to them, that is to say : - Minister. " Minister "-The Secretary for Public Lands or other Minister for the time being charged with the administration of this Act; Land. " Land "-Includes (but, without limiting its ordinary meaning or the meaning assigned to it by *" The Public Works Land Resumption Acts, 1906 to 1940 ") any land the fee-simple of which is subject to any trust or which is held from the Crown upon any tenure or subject to any trust under any Act relating to the alienation of Crown lands: the term also includes any estate or interest in land (legal or equitable) and any easement, right, power, or privilege over, in, or in connection with land. Purpose of 3. The purpose of this Act is to enable the Crown in Act. right of the State of Queensland to acquire land for the settlement thereon of qualified persons who have been members of the fighting services engaged in the War which commenced on the third day of September, one thousand nine hundred and thirty-nine, including any other war in which His Majesty became engaged after that date and before the passing of this Act. Such purpose is herein in this Act referred to as "War Service Land Settlement." * 6 E. 7 No. 14 and amending Acts, v. 9, p. 1046.

LANDS. 217 1945. War Service Land Settlement Acquisition Act. 4. For the purpose of this Act the Minister shall Power of be and be deemed to be a constructm. g autho'rlty Wl' thin Mtakineisltaenrdt.o the meaning of *" The Public Works Land Resumption Acts, 1906 to 1940," and shall in addition to any further powers, authorities, and jurisdiction under this Act have and may exercise all the powers, authorities, and jurisdiction of the Crown as such constructing authority accordingly: Provided that, in lieu of the procedure as to the taking of land and the time limited for making a claim for compensation in respect thereof, as provided by *" The Public Works Land Resumption Acts, 1906 to 1940," the procedure to be observed in the taking of any land and the time limited for making a claim for compensation in respect thereof shall be as hereinafter in this Act provided; and the provisions of *" The Public Works Land Resumption Acts, 1906 to 1940," in the taking of any land by the Minister shall be read and construed accordingly. 5. (1. ) Neither section six nor paragraph (i.) of Proce~ ure RS section seven of *" The Public Works Land Resumption iZn~ kmg of Acts, 1906 to 1940," shall apply or extend to or with modified. respect to land proposed to be taken by the Minister for the purpose of this Act but, in lieu of the said section six, the following provisions shall apply, namely:- When the Minister proposes to take any land for such purpose he shall, not less than thirty clear days before the Proclamation in respect of such land prescribed by paragraph (ii.) of section seven of *" The Public Works Land Resumption Acts, 1906 to 1940," is made, serve upon each person who to his knowledge is entitled pursuant to section fifteen of such lastmentioned Acts to make a claim for compensation a notice stating that he proposes to take such land for the purpose of War Service Land Settlement and containing the particulars hereinafter prescribed. Such notice shall- (i.) Contain a description of the land to be taken sufficient to identify same; (ii.) State that the Minister is willing to treat as to the compensation to be paid in respect of the land taken and all consequential matters. * 6 E. 7 No. 14 and amending Acts, v. 9, p. 1046 et seq.

218 LANDS. War Service Land Settlement Acquisition Act. 9 GEO. VI. No. 25, (2.) (a) The Minister may at any time within six months after the service of any notice or notices pursuant to subsection one of this section, but before the making of the Proclamation in respect of the land concerned prescribed by paragraph (ii.) of section seven of *" The Public Works Land Resumption Acts, 1906 to 1940," serve upon every person who has been served with such firstmentioned notice a further notice stating he is discontinuing the resumption of the land concerned. Service of the further notice or notices prescribed by this subsection shall discontinue the resumption concerned, and no person shall have any claim for compensation, or any other right or remedy whatsoever against the Crown or the Minister or any other person whomsoever for any loss or damage alleged to have been occasioned (directly or indirectly) by the service of a notice, or further notice, as aforesaid except a claim for the amount of any actual damage done to the land concerned by the Minister or by a person acting under the authority of the Minister. (b) Any such notice or further notice may be served personally or by post, and for the purpose of service by post any such notice shall be properly addressed if it is addressed to the place of abode or business address of the person to be served therewith last known to the Minister. (3.) The omission by the Minister to serve upon any person entitled thereto a notice as prescribed by subsection one of this section shall not prejudice any Proclamation made under paragraph (ii.) of section seven of *" The Public Works Land Resumption Acts, 1906 to 1940," with respect to any land, and any land included in any such Proclamation shall be deemed to be taken in terms of the Proclamation concerned notwithstanding any such omission, and the omission by the Minister to serve upon any person entitled thereto a further notice as prescribed by subsection two of this section shall not prejudice the discontinuance of any resumption by the Minister. (4.) Subsection three of section eight of*" The Public Works Land Resumption Acts, 1906 to 1940," shall, mutatis mutandis, apply and extend to and with respect to any notice or further notice referred to in this section as well as to any Proclamation taking land. '" 6 E. 7 No. 14 and amending Acts, v. 9, p. 1046 et seq.

1945. LANDS. War Service Land Settlement Acqt~isitiO' n Act. 219 (5.) Land taken by the Minister for the purpose of this Act shall become Crown land. 6. Subsection one of section eighteen of *" The ~ imit of Public Works Land Resumption Acts, 1906 to 1940," !:::;i!C;; shall not apply or extend to or with respect to land claim for taken by the Minister for the purpose of this Act, but ~fo~~ ' the time limited for making a claim for compensation in respect of such land shall be six months from the date of the Proclamation taking the land, except in the case of a claimant not notified by the Minister of his intention to take the land concerned who may claim compensation within six months after the making of such Proclamation came to his knowledge. 7. The claim for compensation of the trustee or Amount of trustees of any land in respect of the taking of same ~ ~ ~~ : ;: ble by the Minister for the purpose of this Act shall be to trustees. limited to the amount of actual damage caused to the trust by reason of the taking, and no such trustee shall have any other right, remedy, or claim whatsoever in respect of such taking against the Crown or the Minister, or any other person whomsoever, and this Act, *" The Public Works Land Resumption Acts, 1906 to 1940," and every other relevant Act or law or rule, practice, or process of law, or judgment of any court of competent jurisdiction, shall be read, construed and applied subject to this section. 8. Notwithstanding anything contained or implied Taking not in this Act or in any other Act or law or rule or process : ler: , ~ ce of law to the contrary, in the assessment and fixation land. 0 of compensation to be paid to any person for or in respect of the resumption of any land for the purpose of this Act, whether such compensation is determined by agreement or by the Court under *" The Public Works Land Resumption Acts, 1906 to 1940," the enhancement or prospective enhancement of the value of any such land resultant or likely to be resultant on the carrying- out or prospective carrying-out of the purpose for which the land is resumed shall be entirely disregarded and compensation shall be assessed and fixed accordingly. * 6 E. 7 No. 14 and amending Acts, v. 9, p. 1046 et seq.

220 LANDS. Wat" Service Land Settlement Acquisition Act. 9 GEO. VI. No. 25, Costs. 9. Notwithstanding anything contained in any Act or law or rule or process of law to the contrary, costs in respect of proceedings to determine the value of resumptions for the purpose of this Act may be awarded at the discretion of the Court: Provided that if the amount of compensation as finally fixed by the Court is the amount claimed by the claimant or is nearer to such amount than to the amount offered by the Minister costs (if any) shall be awarded to the claimant; otherwise costs (if any) shall be awarded to the Minister. Construc- tion of section. 10. To the extent necessary to give effect hereto this Act shall be read and construed with and as modifying *" The Public Works Land Resumption Acts, 1906 to 1940," and, in so reading, construing, and modifying such lastmentioned Acts, the term "land" shall mean and include land as defined by this Act, and the term " Registrar of Titles" shall mean and include the authority charged with registering instruments of title to the tenure of the land: Provided that no provision of such lastmentioned Acts shall entitle, or be deemed to entitle, any person to claim compensation in excess of the value of his estate or interest in any land taken by the Minister for the purpose of this Act, and that every provision of this Act shall be read and construed so as not to prejudice or limit the exercise by the Minister of any power, authority, or jurisdiction had by the Crown as a constructing authority under *" The Public Works Land Resumption Acts, 1906 to 1940." ~ ~ : ~ ~ nsa- 11. (1.) Where the Minister takes for the purpose respects of this Act the whole or any part of a holding ~ e~ ~ ~ in as defined in t" The Land Acts, 1910 to 1943," in respect d~ fin~ 9~ as of which compensation would be payable upon resumption ~ ~; , e f9~~ dto (other than for a public purpose) under Division VI. 1943." of Part VI. of such lastmentioned Acts, the compen- sation to be paid in respect of such holding or part thereof shall, subject to subsection two of this section and section fourteen hereof, be the amount of compen- sation which would be, payable had the resumption been made by the Governor in Council under the said Division VI. and the provisions of the said Division VI. shall apply and extend accordingly. * 6 E. 7 No. 14 and amending Acts, v. 9, p. 1046 et 8eq. -r I G. 5 No. 15 and amending Acts, v. 5, p. 15 et 8eq.

LANDS. 221 War Service Land Settlement Acquisition Act. (2.) In estimating the amount of compensation payable in respect of a resumption for the purpose of this Act of or from a pastoral lease or Grazing Selection the remainder of the term of the lease of any such holding shall be deemed to be the number of years comprised in such remainder plus one year, but not exceeding eleven years in the case of any such resumption of or from any such holding the lease whereof was granted after the commencement of *" The Land Act of 1910." , 12. The Minister may, with the approval of the Taking by Governor in Council, without complying with the agreement. provisions of subsections one, two, three, and four of section 13A of t"The Public Works Land Resumption Acts, 1906 to 1940," enter into an agreement to take any estate or interest of any person in any land required for the purpose of this Act, and in any such case the compensation to be paid may be either agreed upon or left to be determined under such lastmentioned Act as modified by this Act. The Minister may, on'behalf of His Majesty, execute all instruments and do and perform all acts necessary for the completion of the purchase of any land taken by agreement under this section. Any land taken by agreement under this section shall become Crown land. ' 13. (1.) For the purpose of this Act, the Minister, or Powers of any officer or person authorised either specially or e:!ltry. generally by him, may- (a) Enter and re-enter at any time upon any land, with such assistants as are required, to make any inspection or survey which is authorised by the Minister to be made; (b) Affix or set up thereon trigonometrical stations, survey pegs, marks, or poles, and from time to time alter, remove, inspect, reinstate, and repair the same; (c) Dig and bore into the land so as to ascertain the nature of the soil, and set out the lines of any works thereon; (d) Do all things necessary for the purposes aforesaid. • 1 G. 5 No. 15, v; 5, p. 15. t 6 E 7 No. 14 and amending Acts, v. 9, p. 1046 et Beg.

222 LANDS. War Service Land Settlement Agreement Act. 9 GEO. VI. No. 30, (2.) When practicable, reasonable notice shall be given to the owner or occupier of the land of the intention to enter thereon, and the authority under which the person entering claims to enter or has entered shall, if required by such owner or occupier, be produced and shown. (3.) Every person who— (a) Without due authority destroys, mutilates, defaces, takes away, or alters the position of any trigonometrical station, survey peg, mark, or pole fixed or set up by any person under the authority of this section; or (b) Wilfully obstructs any person acting under the authority of this section, shall be liable to a penalty not exceeding fifty pounds, which penalty may be recovered in a summary way under * The Justices Acts, 1886 to 1945." alVacnaqlduuiarteido. n of pens 1 at 4 io . nIninthreesepsetcimt oaftiaonnyalnadnddetatekremnifnoartitohne opfurcpoomse- of this Act values shall not in any case be taken to exceed the respective amounts thereof in February, one thousand nine hundred and forty-two, excepting the value of any improvements effected on such land since that date. 9 GEO. VI. An Act to Authorise the Execution by or on behalf No. 30. TEE WAR SERVICE of the State of Queensland of an Agreement LAND SETTLEMENT between the Commonwealth of Australia AGREEMENT ACT OF 1945. and the State of Queensland in relation to War Service Land Settlement. [ASSENTED TO 6TH DECEMBER, 1945.] 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 War Service Land Settlement Agreement Act of 1945." Execution of 2. The execution, by or on behalf of the State of aAugtrheoermiseendt. Queensland, of an Agreement between the Common! wealth of Australia and the said State substantially in accordance with the form contained in the First Schedule to this Act is hereby authorised. * 50 V. No. 17 and amending Acts, v. 4, p. 363 et seq. \