War Service Land Settlement Validation Act of 1950 (14 Geo Vi No. 8) (Qld)

J58 LAND. War Service, Etc., Validation Act. 14 GEO. VI. No. 8, 14 GNEOO.. 8. VI. An Act to. Validate certain Resumptions for War THE WAR :SERVICE LAND Service Land Settlement and certain other SETTLEMENT VALIDATION ACT OF Matters; to Vest certain Lands in His 1950. Majesty for the purposes of the Closer Settlement thereof; to Amend "The War Service Land Settlement Acts, 1946 to 1948," and" The War Service Land Settlement Acquisition Acts, 1945 to 1949," each in certain particulars; to Repeal "The War ~ ervice Laml Settlement Agreement Act of 1945 "; and for other purposes. [ASSENTED TO 26TH OCTOBER, 1950.] 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:- PART I.- PRELIMINARY. PART I.-PRELIMINARY. >Short title. 1. This Act may be cited as " The War Service Land Settlement Validation Act of 1950." :Parts of Act. 2. This Act is divided into Parts, as follows : - PART I.-PRELIMINARY; PART H.-AMENDMENTS OF *" THE WAR SERVICE LAND SETTLEMENT ACTS, 1946 TO 1948" ; PART HI.-AMENDMENTS OF t" THE WAR SERVICE LAND SETTLEMENT ACQUISITION ACTS, 1945 TO 1949"; PART II.- AMENDMENTS PART IV.-GENERAL. OF" THE WAR SERVICE SET~ t: ~ ENT PART H.-AMENDMENTS OF *" THE WAR SERVICE LAND 1946~ gTf948. " SETTLEMENT ACTS, 1946 TO 1948." Construction 3. (1.) This Part H. of this Act shall be read as ~~ : art n. one with *" The War Service Land Settlement Acts, 1946 -collective to 1948," and those Acts and this Part H. may be cited title. collectively as " The War Service Land Settlement Acts, 1946 to 1950." (2.) This Part of this Act shall be deemed to have commenced on the thirtieth day of April, one thousand nine hundred and forty-six. * 10 G. 6 No. 23 and amending Act. t 9 G. 6 No. 25 and amending Acts.

LAND. 159 1 9 50. War Servw . e, Etc., Validation A et. PART 11.- AMENDMENTS OF" THE WAR SERVIOB LAND 4. Paragraph (i.) of subsection two of section two SETrc~ ~ , ENT of *" The War Service Land Settlement Acts, 1946 to 1946T01948." 1948 , " I . S repeaIed . Aofmse. n2dm( 2e) notf 10 Geo. VI. No. 23. . 5. In section three of *" The War Service Land Amendment Settlement Acts, 1946 to 1948," the definition of the term ~~ ~ G! o~ f VI. " Eligible person" is amended by repealing the words No. 23. "with the concurrence of the Commonwealth" where those words appear in paragraph (b) of that definition. 6. Section four of *" The War Service Land Settlement Repeal of Acts, 1946 to 1948," is repealed and the following section ~ ~ : G: s. 4 is.inserted in lieu of that repealed section, namely : - ~ . No. 0 23. " [4.] This Act, other than Part Ill. hereof, shall ~ dministra. - be administered by the Minister." tion of Act. 7. Subsection four of section six of *" The War Amendment Service Land Settlement Acts, 1946 to 1948," is repealed. ~ ~ s< !~fVI. No. 23. 8. The last paragraph of subsection one of section Amendment ten of *" The War Service Land Settlement Acts, 1946 to ~ ~ \ J! ~ I~ ~ : 1948," is repealed and the following pa~ agraph is inserted No. 23. in lieu thereof, namely:- " In this subsection the term " assistance period " means the period of one year beginning on the date of commencement of the term of the lease or, if in any case the Minister (who is hereby authorised to do so) extends that period for longer than one year, that longer period." 9. Subsection nine of section fourteen of *" The Amendment War Service Land Settlement Acts, 1946 to 1948," is ~ ~ BJe~ ~ 9~ : amended by repealing the words" five thousand pounds " No. 23. and by inserting, in lieu of those repealed words, the words " seven thousand five hundred pounds". 10. Section twenty-five of *" The War Service Land Repeal of Settlement Acts, 1946 to 1948," is repealed. ~02~~ ~ . VI. No. 23.. t" PART III.-AMENDMENTS OF THE WAR SERVICE LAND PART III.- SETTLEMENT ACQUISITION ACTS, 1945 TO 1949." A~ ~ ~ ? a: ~ TS . W AB SERVICE 11. This Part Ill. of this Act shall be read as one S LAN~ NT with t" The War Service Land Settlement Acquisition Acts, A~ ~~ STION 1945 to 1949," and those Acts and this Part Ill. may be 1945TO c i:49." :nd - cited collectively as " The War Service Land Settlement c~ ~ : ct: ~ Acquisition Acts, 1945 to 1950." - - - - - - - - -_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ collective * 10 G. 6 No. 23 and amending Act. t 9 G. 6 No. 25 and amending Acts. title.

160 LAND. PART 111.- A~ ~ ~ ~ ~ ! ~ TS War Service, Etc., Validation Act. 14 GEO. VI. No. 8, WAR SERVICE LAND ~~ ~ tr~ ~ ~ ~ ~ 12. (1.) Section three of *" The War Service Land 1945~ gTfi)49." Settlement Acquisition Acts, 1945 to 1949," is amended Amendment by adding thereto the following paragraph, namely :- ofs. 3 of ~ Ge;..; VI. "In this section the term "qualified persons" 0.. means persons who, being eligible and approved as suitable for settlement under t" The War Service Land Settlement Acts, 1946 to 1950," are respectively qualified to apply for perpetual lease selections under that Act." (2.) This section shall be deemed to have commenced on the thirtieth day of April, one thousand nine hundred and forty-six. Amendment of s. 11 of 13. Section eleven of *" The War Service Land 9 Geo. VI. Settlement Acquisition Acts, 1945 to 1949," is amended No. 25. by repealing the words "subject to section fourteen hereof ". Repeal of s. 14 of '9 Geo. VI. No. 25. 14. (1.) Section fourteen of *" The War Service Land Settlement Acquisition Acts, 1945 to 1949," is repealed. (2.) Subsection one of this section and section thirteen of this Act shall be deemed to have commenced on the twenty-third day of March, one thousand nine hundred and fifty. (3.) The provisions of section fourteen of *" The War Service Land Settlement Acquisition Acts, 1945 to 1949," shall, notwithstanding the repeal of that section, and notwithstanding the amendment made by section thirteen of this Act to section eleven of that Act, continue to apply as respects the estimation and determination at any time on or after the twenty-third day of March, one thousand nine hundred and fifty, of compensation in respect of land taken before that date for the purpose of that Act. Repeal of '9 Geo. VI. No. 30. PART IV.-GENERAL. 15. (1.) t" The War Service Land Settlement Agreement Act of 1945" is repealed. (2.) Subsection one of this section shall be deemed to have commenced on the sixth day of December, one thousand nine hundred and forty-five. * 9 G. 6 No. 25 and amending Acts. t 10 G. 6 No. 23 and amending Act. t 9 G. 6 No. 30.

1950. LAND. War Service, Etc., Validation Act. 161 PARTIV.- GENERAL. 16. (I.) All Proclamations and instruments Validation of p h uavrpeorbtienegn tomabdeePrboyclatmheatioGnosvemrnadore o I . I r I pCuropuonrcti . ilngantod. rceesrutaminp t l · Ons. published in the Gazette before the passing of this Act notifying and declaring that the lands respectively described in the Schedules to those Proclamations and instruments were taken by the Secretary for Public Lands for the purposes of war service land settlement as from the respective days named in those Proclamations and instruments shall be deemed to have been effective to vest those lands in His Majesty as on and from the respective .days named as aforesaid for the purposes of .war service land settlement and to the intent that those lands may be (and it is hereby declared always could be, on and after the respective days named as aforesaid) dealt with as Crown lands under the laws of this State relating to that settlement. (2.) All lands which, under section twelve of *" The War Service Land Settlement Acqui8ition Act8, 1945 to 1949," were taken or were purported to have been taken before the passing of this Act for the purposes of war service land settlement by the Secretary for Public Lands by agreement are hereby declared to have vested in His Majesty on and from the respective dates when the said Minister completed or purported to complete the purchase on behalf of His Majesty of those lands, and to the intent that those lands may be (and it is hereby declared always could be, on and after the completion ef the purchase or purported purchase thereof by the said Minister) dealt with as Crown lands tmder the laws of this State relating to war service land settlement. (3.) All lands which, under section 12Aof*" The War Service Land Settlement Acqui8ition Act8, 1945 to 1949," were acquired or were purported to have been acquired before the passing of this Act for the purposes of war service land settlement by the Secretary for Public Lands by exchange are hereby declared to have vested in His Majesty on and from the respective dates when the said Minister acquired or purported to acquire those lands and to the intent that those lands may be (and it is hereby declared always could be, on and after the completion of the acquisition or purported acquisition * 9 G. 6 No. 25 and amending Acts. F

162 PARTIV.- GENERAL. LAND. War Service, Etc., Validation Act. 14 GEO. VI. No. 8, thereof by the said Minister) dealt with as Crown lands under the laws of this State relating to war service land .settlement. (4.) Claims for compensation and the making, hearing, and determination of claims for compensation under *" The Public Works Land Resumption Acts, 1906 to 1940," as modified by t" The War Service Land Settlement Acquisition Acts, 1945 to 1949," in respect of the lands referred to in subsection one of this section, and in respect of any of the lands referred to in subsection two of this section for which the compensation to be made has not been agreed upon, shall not be abated, discontinued, or prejudicially affected by the provisions of subsection one of this section: Provided that in the estimation and determination of compensation in respect of lands as aforesaid vested by this Act in His Majesty as on and from a day earlier than the twenty-third day of March, one thousand nine hundred and fifty, 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 those lands since that lastmentioned date: Provided further, however, that the Court where it is of opinion that the person from whom land was taken prior to the twenty-third day of March, one thousand nine hundred and fifty, has suffered loss through delay caused through no fault of that person in the hearing of his claim for compensation, may award such amount of compensation in respect of such loss, additional to the compensation payable under the provisions of *" The Public TV orks Land Resumption Acts, 1906 to 1940," as modified by t" The War Service Land Settlement Acquisition Acts, 1945 to 1949," as it considers fair and equitable in his case. Where the amount of compensation to be made in respect of any of the aforesaid lands is the subject of an agreement this section shall apply so as not to authorise a olaimant who is a party to that agreement to claim or recover compensation in excess of the amount so agreed upon. * 6 E. 7 No. 14 and amending Acts. t 9 G. 6 No. 25 and amending Acts.

1950. LAND. War Service, Etc., Validation Act. 163 PARTIV.- GENERAL. I 7. (I.) Any action taken or purporting to have ~ ali~ t~ on been taken, in the case of any lands referred to in this ~ a~ ~ : . n Act, after the Secretary for Public Lands purported to acquire those lands compulsorily or by agreement or by exchange, under or in pursuance of *" The War Service Land Settlement Acts, 1946 to 1949," t" The Land Acts, 1910 to 1949," t" The Irrigation Acts, 1922 to 1949," §" The Irrigation Acts Amendment Acts, 1933 to 1949," ll" The Co-ordination of Rural Advances and Agricultural Bank Acts, 1938 to 1947," and any other power or authority of the Crown, or of any Minister, person, or instrumentality representing the Crown in right of this State in respect of those lands, including the expenditure of moneys in meeting claims for compensation and matters incidental thereto, or in acquiring, surveying, subdividing, developing, effecting improvements on, constructing roads of access to, or otherwise preparing for settlement those lands, the setting apart of any of those lands to be open for selection as perpetual lease selections under *" The War Service Land Settlement Acts, 1946 to 1948," and t" The Land Acts, 1910 to 1949," or, in the case of any of those lands situated within an irrigation area, under those Acts and §" The Irrigation Acts Amendment Acts, 1933 to 1949," balloting to determine the respective persons to whom portions of land opened for selection should be allotted, the granting of perpetual leases, the transfer, surrender, or forfeiture of any of those perpetual leases, the making of advances to holders of those perpetual leases, the taking of securities for those advances, and any action whatsoever for any purpose of, or connected with, or arising out of the matters aforesaid, or any of them, and taken by or under the Acts hereinbefore in this section mentioned shall have the like force and effect if those lands had vested in His Majesty for the purposes of war service land settlement as on and from the respective dates when the Secretary for Public Lands purported to acquire those lands. (2.) All moneys appropriated by Parliament for the purposes of the acquisition, development, and improvement of land for the purposes of war service * 10 G. 6 No. 23 and amending Act. t 1 G. 5 No. 15 and amending Acts. t 13 G. 5 No. 29 and amending Acts. § 24 G. 5 No. 21 and amending Acts. 1114 G. 5 No. 41 and amending Acts.

)64 PART IV.- GENERAL. LAND- LANDLORD AND TENANT. Landlord and Tenant, Etc., 4..ct. 14 GEO. VI. No. 9, land settlement or for advances to settlers which have, before the passing of this Act, been applied in meeting claims for compensation and matters incidental thereto, or in acquiring, developing, effecting improvements on, constructing roads of access to, or otherwise preparing for settlement the lands referred to in subsection one of this section, and in the making of advances to persons settled upon those lands for the purpose of providing . working capital, effecting and paying for improvements, and acquiring stock, plant, and equipment shall be deemed to have been validly applied. (3.) Any moneys so appropriated which have not been so applied before the passing of this Act and which, after the passing of this Act, remain available may be applied for the purposes for which those moneys were appropriated without further appropriation by Parliament. LAND. See PUBLIC SERVICE (STATUTORY SALARIES AND ALLOWANCES). LANDLORD AND TENANT. 14 GEO. VI. N T o HE 9. An Act to Amend "The Landlord and Tenant Acts, LANDLORD AND TENANT 1948 to 1949," in a certain particular. AOTS AlIlENDlIlENT AOTOF [ASSENTED TO 26TH OCTOBER, 1950.] 1950. 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 Landlord and :!truction. Tenant Acts Amendment Act of 1950," and shall be read as one with *" The Landlord and Tenant Acts, 1948 to 1949," herein referred to as the Principal Act. Collective title. The Principal Act and this Act may collectively be cited as " The Landlord and Tenant Acts, 1948 to 1950." o A f m s. en 2 d 1. ments amen2d.ed (1. a ) s Sfeocltlioonwstw: - enty-one of the Principal Act is (a) The proviso to subsection two thereof is repealed. * 12 G. 6 No. 31 and amending Acts.