War Service (Sugar Industry) Land Settlement Act of 1946 (11 Geo Vi No. 19) (Qld)

(lOO SUGAR. War Service (Sug<M" Industry), Etc., Act. 11 GEO. VI. No. 19, In this subsection the term "approved" means approved by the Minister upon the recommendation of the Advisory Board. Amendment (2.) In subsection four of the said section after of subsec. 4. the word" fumigants" the words" fungicides, poisons, materials, equipment, machinery" are inserted; also after the words "matters or things" the words "or subsidies" are inserted. 11 GEo. VI. An Act to Provide for the Settlement upon Lands No. 19. THE WAR SERVICE growing Sugar-cane of Discharged Members (SUGAR INDUSTRY) of the Naval, Military, and Air Forces and LAND SETTLEMENT ACT OF Other Eligible Persons, and for Purposes 1946. incidental thereto and consequent thereon. [ASSENTED TO 24TH DECEMBER, 1946.] 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.- PRELIMlNARY. PART I.-PRELIMINARY. Short title. 1. This Act may be cited as " The War Service (Sugar Industry) Land Settlement Act oJ 1946." Construction 2. This Act shall be read and construed with the of Act. following Acts, that is to say:- (i.) *" The Regulation of Sugar Cane Prices Acts, 1915 to 1941 " ; and (ii.) t" The Land Acts, 1910 to 1946" ; and (iii.) t" The War Service Land Settlement Act oJ 1946 " : Provided that if any provision of such Acts or of any of them shall be inconsistent with any provision of this Act, the provision of this Act sha11 prevail : Provided further that any term used in this Act to which a meaning is assigned by such Acts or any of them shall, unless the context of this Act otherwise indicates or requires, have the meaning so assigned to it. ------------------------ * 6 G. 5 No. 5 and amending Acts. t 1 G. 5 No. 15 and amending Acts. t 10 G. 6 No. 23.

1946. SUGAR. War Service (Stlgar Indnsh·y), Etc., Act. 301 PART 1.- PRELIMINARY. 3. This Act is divided into Parts as follows ; - Parts of Act. PART I.-PRELIMINARY; PART Il.-CONTROL OF SALES OF LANDS ASSIGNED TO SUGAR MILLS ; PART IlL-ASSIGNMENT TO SUGAR MILLS OF LANDS UPON WHICH DISCHARGED MEMBERS OF THE NAVAL, MILITARY, AND AIR FORCES ARE SETTLED. PART II.- CONTROL OF SALES OF PART n.-CONTROL OF SALES OF LANDS ASSIGNED TO A~ S~ ! ~~ D SUGAR MILLS. T~ : ' ~ ~ 4. This Part of this Act shall continue in force for the Operation of period of two years next succeeding the passing of this Act; this Part. Provided that the Governor in Council may, from time to time, by Proclamation published in the Gazette, continue this Part of this Act in force for such further periods as are respectively fixed in such Proclamations. 5. (1.) Subject to the provisions of this Part of Application this Act, this Part of this Act shall apply to and with of this Part. respect to every contract or agreement-- (a) For the sale or transfer of any freehold estate or interest in land assigned to a sugar mill, whether legal or equitable; or (b) For the sale or transfer of any leasehold estate or interest in land assigned to a sugar mill held from the Crown, whether legal or equitable; or (c) For the granting of an option to purchase any freehold or leasehold estate or interest in land as aforesaid. (2.) Nothing in this Part of this Act shall apply to or with respect to- (a) Any transaction entered into before the passing of this Act, or the exercise of any option granted before the passing of this Act; or (b) Any contract or agreement for the transfer of any estate or interest in assigned land without any valuable consideration in money or money's worth; or (c) Any contract or agreement for the transfer of any estate in assigned land by way of security only, or for the re-transfer of property so transferred on the discharge ofthe security; or

302 SUGAR. PART 11.- CONTBOL OJ!' SALES OJ!' LANDS ASSIGNED TO SUGAR MIJ.LS. War Service (Sugar Industry), Etc., Act. 11 GEO. VI. No. 19, (d) Any transaction relating to the sale or transfer of, or the grant of an option to purchase, any assigned land to the spouse or a child of the owner or selector; or (e) Any contract or agreement for the transfer of any assigned land from a trustee to a trustee on the appointment of a new trustee or on the retirement of a trustee; or (f) Any contract or agreement for the transfer by a trustee, executor, or administrator to a beneficiary of any estate or interest in assigned land to which the beneficiary is entitled under any trust, will, or intestacy; or (g) Any contract or agreement for the transfer of any estate or interest in assigned land to be held on a charitable trust in Queensland; or (h) Any contract or agreement for the sale or transfer of any estate or interest in assigned land to the Crown; or (i) Any contract or agreement for the dedication of a road or street; or (j) Any transaction relating to the sale or transfer of, or the grant of an option to purchase, any assigned land to an eligible person; or (k) Any contract or agreement for the sale or transfer, or the grant of an option to purchase, by one partner to another of any estate or interest in assigned land when such estate or interest is jointly held by such partners and such sale, transfer or option is made or granted in the course of winding up the partnership. Notice of 6. (1.) A person shall not (whether as vendor, eitnrnattenensratiicnottniootno apguercnht) aseern, teorr iontthoeranpyarttyra, nasnacdtiwonhettoherwhasichpritnhciispaPl aorrt alraesnsspidge.ncetidng aosfstihginsedAclatnadp) ploier sthuenlesessletchtoero(wasnerres( paescrtesspaencytslefareseehhoolldd estate or interest in assigned land held from the Crown) has, not less than three clear months before such trans- action has been entered into- (a) Given to the clerk of petty sessions whose office is situated nearest to such assigned land notice in writing of the intention of such owner or selector to enter into such transaction ; and

1946. SUGAR. 303 PART 11.- War Service (Sugar Industry), Etc., Act. CONTROL OF SALES OF LANDS ASSIGNED (b) Published or caused to be published in a TOMI S L U L G S A . R newspaper approved in writing by such clerk of petty sessions (being a newspaper which such clerk of petty sessions is satisfied circulates in the locality within which such assigned land is situated) an advertisement stating the intention to enter into such transaction and setting forth the particulars required by this Act to be contained in the notice given to the clerk of petty sessions. If the owner or selector has authorised or proposes to authorise an agent to enter into such transaction on his behalf or to find a person who will enter into such transaction such advertisement shall also state the name and address of such agent. (2.) The notice in writing required by subsection one of this section to be given to a clerk of petty sessions shall be signed by the owner or selector giving it and shall contain the following particulars, namely- (a) The full name and address of such owner or selector; and (b) (If the assigned land is part only of the land in respect of which the transaction is intended to be entered into), the description, including the total area, of such land ; (c) The gross and net areas of the assigned land ; (d) The farm peak, if any, of such assigned land; (e) The sale price or other consideration in money or money's worth required by such owner or selector (being, if the assigned land is part only of the land, such price or consideration for the whole of the land), whether such price or consideration is to be in cash or upon terms and, if upon terms, particulars of such terms, including cash deposit, instal- ments, rate of interest upon the unpaid balance and all other terms, provisions, and conditions of the transaction; (f) As respects an option, the particulars specified in paragraphs (a) to (e), both inclusive, of this subsection and, if the option or agree- ment to give the option is to be a term or

304 PART II.- CONTROL OF SALES OF LANDS ASSIGNED TO SUGAR MILLS. SUGAR. War Se1'vice (Sugar Industry), Etc., Act. 11 GEO. VI. No. 19, condition of a lease or other transaction relating to the land, the period of such lease, the rent payable and other terms, conditions, and provisions thereof or, in respect of any such other transaction, the particulars thereof. (3.) In this section the term "farm peak" means the quantity of sugar-cane fixed pursuant to *" The Regulation of Sugar Cane Prices Acts, 1915 to 1941," as the maximum quantity of sugar-cane grown upon land assigned to a sugar mill which in any year may be sold and taken delivery of or which should be taken delivery of by the owner or owners of such mill from the cane grower. Right of eligible person to acquire assigned land. 7. (1.) Any eligible person may, at any time not later than six weeks after the publication of an advertise- ment referred to in section six of this Act, give a notice in writing to the owner or selector (or, if an agent is specified in such advertisement, to such agent) stating, according to the intention specified in the advertise- ment, that such eligible person requires such owner or selector to sell or transfer to him the estate or interest of such owner or selector in the land mentioned in such advertisement or, as the case may be, to grant to such eligible person an option to purchase such estate or interest. Such eligible person shall give a copy of such notice to the clerk of petty sessions whose office is situated nearest to the assigned land in question, and such clerk shall transmit such copy to the Secretary of the Central Sugar Cane Prices Board. (2.) The owner or selector may, according to his intention as advertised, sell or transfer to such eligible person, or grant to such eligible person an option to purchase his estate or interest in the land in question under, subject to, and in accordance with the provisions, terms, and conditions of such sale, or transfer, or grant of such option specified by such owner or selector in such advertisement and the notice given to a clerk of petty sessions or such owner or selector may give to the Central Sugar Cane Prices Board notice that he objects to so doing: '" 6 G. 5 No. 5 and amending Acts.

SUGAR. 305 1946. War Service (Sugar Industt"y), Etc., Act. Provided if there are two or more such eligible PART II.- CONTROL OF SALES OF LANDS ASSIGNED TO SUGAR MILLS. persons the owner or selector may elect the one with whom he will enter into the transaction. (3.) Such notice shall state as briefly as may be the grounds of objection. (4.) The Central Sugar Cane Prices Board may determine every such objection and, upon leave from such Board, the owner or selector making the objection, and the eligible person against whom the objection is made, may be heard by such Board. Moreover such Board may, before making its determination, refer any such objection to the Classifica- tion Committee appointed under *"The War Service Land Settlement Act of 1946 " for report and recommendation. (5.) For the purposes of making such report and recommendation such Classification Committee shall be constituted by the duly appointed members thereof and by one additional person who shall be a sugar-cane grower who- (i.) Is himself an eligible person or who served with His Majesty's Naval, Military, or Air Forces during the 1914-1918 war; and (ii.) Is actively engaged in growing sugar-cane upon land assigned to the sugar mill to which the land to which the objection relates is assigned. (6.) The Central Sugar Cane Prices Board may sustain or dismiss the objection and its determination shall be final and conclusive of the matter. 8. Nothing in this Part of this Act shall prejudice Power of or be deemed to preJ.udl'Oe t he power 0 f t he Centra I tShuegaCreCntarnael Sugar Cane Prices Board to refuse to approve of the Prices sale, transfer, or grant of an option to purchase any ! o~ : tuse assigned land. approval of transfer of assignment. 9. (1.) Where section six of this Act has been ?,ransactions complied with in respect of any assigned land, a trans- : ~ ~ ~ ~ a~ f action to which this Part of this Act applies in respect th~ s Part of of such assigned land, may be entered into under, thls Act. subject to, and in accordance with the terms, provisions, and conditions of such transaction specified in the notice * 10 G. 6 No. 23.

306 SUGAR. PART II.- CONTROL OF SALES OF LANDS ASSIGNED TO SUGAR MU.LS. War Service (Sugar Industry), Etc., Act. 11 GEO. VI. No. 19, and advertisement relating thereto given and published under section six hereof, with a person other than an eligible person- (i.) After the expiration of six weeks after the date of such compliance, if no eligible person has given notice, under and pursuant to section seven of this Act, that he requires such transaction to be entered into with him; or (ii.) After the expiration of three months after the date of such compliance, if the Central Sugar Cane Prices Board has sustained in respect of every such eligible person an objection made under and pursuant to the said section seven. (2.) A transaction to which this Part of this Act applies in respect of any assigned land shall not be entered into with a person other than an eligible person except as permitted by this section. (3.) Where any transaction is entered into in contravention of this Part of this Act, such transaction shall be deemed to be unlawful and shall have no effect. (4.) A person shall not be entitled to any commission, reward, or other valuable consideration in respect of a transaction entered into in contravention of this Part of this Act. Power to 10. Nothing in this Part of this Act shall owfiftehrdtroawsell. prejudice the right of an owner or selector to withdraw any offer to sell, transfer or grant an option to purchase any assigned land at any time when, except for this Part of this Act, it would be lawful for him to withdraw such offer. As respects such withdrawal a notice given by an eligible person under section seven hereof shall be deemed not to be an acceptance of such offer. Meaning of 11. In this Part of this Act the terms "owner" " " ' s O e w le n c e t r o " r. o " r and "selector" include any person exercising any lawful right or power held by him to sell, transfer, or grant an option to purchase the estate or interest of the owner or selector in any assigned land or to make an agreement so to do.

SUGAR. 307 1946. War Service (Sugar Industry), Etc., Act. PART IlI.- ASSIGNMENT TO SUGAR MILLS OF LANDS UPON WHICH PART IlL-ASSIGNMENT TO SUGAR MILLS OF LANDS Dll~ ~ ~ ~ ~ ~ D UPON WHICH DISCHARGED MEMBERS OF THE NAVAL, °JA-: ~, MILITARY, AND AIR FORCES ARE SETTLED. } ;~ ~ Tfri' FORCES ARE 12. Subject to this Part of this Act, the Central SETTLED. Sugar Cane Prices Board may under and in accordance Newt:s:ign,; with *" The Regulation of Sugar Cane Price8Act8, 1915 ~i~ ~ble 0 to 1941," assign to a sugar mill- persons. (a) Any land included in a holding which has been allotted to an eligible person; or (b) Any freehold land owned by an eligible person; or (c) Any land held from the Crown for a leasehold estate or interest by an eligible person. 13. (1.) In assigning land to a sugar mill pursuant Regulation to this Part of this Act, the Central Sugar Cane Prices ~ ! sf: : ments. Board shall have regard to the provisions of this section. (2.) The aggregate area of all lands assigned to a sugar mill pursuant to this Part of this Act shall be such that the quantity of ninety-four net titre sugar manu- factured from the total crop of sugar-cane grown upon such lands and upon all other lands assigned to such mill required to be taken delivery of and crushed by such mill will not in any year exceed by more than three per centum the quantity of such sugar specified opposite and relative to the name of such mill and the name of the owner of such mill in the third column of the Schedule to this Act: Provided that if the Central Sugar Cane Prices Board is satisfied that any sugar mill is not manufacturing annually the quantity of ninety-four net titre sugar so specified from all lands assigned to such mill otherwise than pursuant to this Act, and that its failure to do so is due to the decreasing fertility of such lands, such Board may pursuant to this Act assign to such mill a sufficient area of land to both- (i.) Increase its existing average annual production of such sugar to such specified quantity; and (ii.) Increase such specified quantity by not more than three per centum. * 6 G. 5 No. 5 and amending Acts.

308 SUGAR. PART HI.- ASSIGNMENT TO SUGAR MILLS OF LANDS UPON WHIOH DISCHARGIliD MElIIBlliRB OF THE NAVAL, MUITARY, AND AIR FORCES ARE SIIiTTLED. War Service (Sugar Industry), Etc., Act. 11 GEO. VI. No. 19, 14. (1.) The Secretary for Public Lands may, from time to time-- (i.) Before any Crown land is set apart for opening for selection by eligible persons; or Procedure respecting newaBBign. ments. (ii.) Before any Crown land so set apart is opened for selection by eligible persons, recommend or cause the Land Administration Board to recommend to the Central Sugar Cane Prices Board the grant of assignments to a sugar mill in respect of specified portions of such land. (2.) The Committee appointed under section seven of *" The War Service Land Settlement Act of 1946," under the name of " The War Service Land Settlement Land Selection Committee," shall be charged with the function of advising the said Minister and the Land Administra- tion Board upon the matter of the lands in respect of which assignments should be recommended by the Minister under this section. (3.) For the purpose of exercising the function conferred upon it by this section such Committee shall be constituted by the members thereof appointed by the Secretary for Public Lands and, in addition, by the Director of Sugar Experiment Stations or his deputy appointed by him in writing. Moreover, such Committee may, with the prior approval of the Secretary for Public Lands, appoint for each Land Commissioner's district in which any sugar mill or mills is or are situated, a subcommittee of such Committee consisting of the Land Commissioner for each district (who shall be the Chairman of such subcommittee), a person nominated by the Director of Sugar Experiment Stations, a surveyor employed in the Department of Public Lands, Survey Office, and a cane inspector. Such cane inspector shall be an inspector of the sugar mill to which an assignment will, if granted, be made of the land under consideration for the purposes of settling eligible persons. Application 15. An application under paragraph (b) or para- faosrsignment graph (c) of section twelve of this Act by an eligible of land held person for an assignment to a sugar mill of land shall pbeyrseoling. ible be made to the Land Administration Board. * 10 G. 6 No. 23.

SUGAR. 309 PART rll.- 1946. War Service (Sugar Industry), Etc., Act. ASSlGNMENT TO SUGAR MILLS OF LANDS UPON WHICH The provisions of *" The War Service Land Settlement DIMSCEMHABREGRESD Act of 1946" shall apply with respect to the applicant NOFAVTAHLE, and the land to which the application relates to the MAIIN,IDTAARIYR, same extent as such provisions would apply if such FOSRETCTELSEADR. E application were an application to participate in land settlement under such Act and such land were under consideration for the purpose of such settlement: Provided that the Classification Committee shall be constituted as provided in subsection five of section seven of this Act and the War Service Land Settlement Land Selection Committee shall be constituted as provided in subsection three of section fourteen of this Act. 16. (1.) An eligible person to whom any assignment Conditions of land to a sugar mill has been granted pursuant to this ~ ~! ~ ed in Part of this Act, shall, during the period of five years res:pect of next succeedm· g the grant'mg 0 f suchas'slgnment - haSeSreIugnnmdeern. ts (i.) Not, except by way of security, transfer, sell, lease, or part with the possession of the assigned land or any part thereof or make any agreement so to do ; (ii.) At all times carry on in person the business of growing sugar-cane upon such assigned land according to the accepted practice of sugar-cane growing, and such eligible person shaH, during the second period of five years next succeeding the granting of such assign- ment-- (iii.) Not, except by way of security, transfer, sell, lease, or part with the possession of the assigned land or any part thereof or make any agreement so to do unless the transferee, purchaser, lessee, or assignee is himself an eligible person. (2.) In the event of the death of an eligible person to whom an assignment of land to a sugar mill has been granted pursuant to this Part of this Act, during the period of ten years next succeeding the granting of such assignment, his trustee, executor, or administrator shall not transfer, sell, lease, or part with the possession of the assigned land, or make any agreement so to do, * 10 G. 6 No. 23.

310 SUGAR. PART lII.- ASTOSIGSNUHGEANRT War Service (Sugar Industry), Etc., Act. 11 GEO. VI. No. 19, MILLS OF LANDS uPON DISWCHHAIORHGED unless the transferee, purchaser, lessee, or assignee is MOEFlIITBHERES the widow or widower or a child of the deceased eligible MNILAITVAARL,Y, person or another eligible person. AND AIB FORCES ARE SETTLED. (3.) If the Central Sugar Cane Prices Board is satisfied that any eligible person is unable by reason of ill-health to carry on in person the business of growing sugar-cane upon an assignment of land to a sugar mill granted to him pursuant to this Part of this Act, such Board may permit him to sell or lease or otherwise dispose of such assignment: Provided that such eligible person shall not, in pursuance of such permission, enter, in relation to such assigned land, into a transaction to which Part n. of this Act applies, except under, subject to and in accord- ance with the provisions of the said Part n (4.) In the event of a contravention of or failure to comply with any provision of this section in respect of any assigned land, the Central Sugar Cane Prices Board may cancel such assignment. SCHEDULE. SCHEDULE. Name of Mill Owner. Name of Mill. The Babinda Central Mill Com- pany, Limited .. Babinda Gibson and Howes, Limited Bingera The Cattle Creek Co-operative Sugar Milling Association, Limited .. Cattle Creek Fairymead Sugar Company Limited Fairymead Farleigh Co-operative Sugar Milling Association, Limited Farleigh Gin Gin Co-operative Sugar Milling Association, Limited Gin Gin The Colonial Sugar Refining Com- pany, Limited .. Goondi The Colonial Sugar Refining Com- pany, Limited .. Hambledon Pioneer Sugar Mills (Pty.), Limited Inkerman The Haughton Sugar Company, Limited .. Invicta Quantity of 94 Net Titre Sugar. Tons. 36,000 23,000 12,000 21,000 23,000 6,500 29,500 36,000 31,000 16,000

1946. SUGAR. War Service (Sugar Industry), Etc.,. Act. 311 SCHlijDULE. SCHEDULE-continued. Name of Mill Owner. Name of Mill. Isis Central Sugar Mill Company, Limited Isis The Australian Estates Company, Limited Kalamia The Colonial Sugar Refining Com- pany, Limited Macknade The Marian Central Mill Company, Limited .. Marian The Maryborough Sugar Factory, Pty. Limited Maryborough The Millaquin Sugar Company, Limited .. Millaquin Moreton Central Sugar Mill Com- pany, Limited .. Moreton Mossman Central Mill Company, Limited .. Mossman The Mount Bauple Co-operative Sugar Milling Association, Limited .. Mount Bauple Australian Sugar Company, Pro- prietary, Limited Mourilyan The Mulgrave Central Mill Com- pany, Limited .. Mulgrave North Eton Co-operative Sugar Milling Association, Limited North Eton Pioneer Sugar Mills (Pty.), Limited .. Pioneer Plane Creek Central Mill Company, Limited .. Plane Creek Amalgamated Sugar Mills, Limited .. Pleystowe Proserpine Co-operative Sugar Milling Association, Limited .. Proserpine The Millaquin Sugar Company, Limited " Qunaba The Racecourse Co-operative Sugar Association, Limited Racecourse W. H. Heck and Sons, Proprietary, Limited " Rocky Point The South Johnstone Co-operative Sugar Milling Association, Limited .. South Johnstone Tully Co-operative Sugar Milling Association, Limited Tully The Colonial Sugar Refining Com- pany, Limited .. Victoria Quantity of 94 Net Titre Sugar. Tons. 27,000 31,000 34,000 24,000 7,500 19,000 14,000 20,000 6,500 27,000 36,000 12,000 26,000 24,000 24,000 23,000 10,000 24,000 2,500 36,000 38,000 37,500