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“Queensland Statute Reprints”

QUT Digital Collections

This copy is not an authorised reprint within the meaning of the Reprints Act 1992 (Qld).

This digitized copy of a Queensland legislation pamphlet reprint is made available for non-commercial educational and research purposes only. It may not be reproduced for commercial gain.

©State of Queensland

(2)

1, Short title 2. Citation

3-4. Amended Principal Act 5. Extension of term 6-10. Amended Principal Act

(3)

QUEENSLAND

ND ACT A ~ E ~ D M E ~ T ACT 1986,

[Reprinted as at 1 April, 19891

An Act to amend the Land Act 1962-1986 in certain pa~iculars and for a related purpose

[ASSENTED TO 27 AUGUST, 19861 BE IT ENACTED by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:--

1. Short title. This Act may be cited as the Land Act ~ ~ e n ~ ~ e n t Act 1986.

2. Citation. (1) In this Act the Land Act ~ 9 6 2 “ 1 9 ~ 6 is referred to as the Principal Act.

(2) The Principal Act as amended by this Act may be cited as the Land Act 1 %%?-I 986.

3-4, Amended Principal Act.

5. Extension of term. (1) The term of lease of every pastoral holding, preferential pastoral holding or pastoral development holding subsisting immediately before the date of the passing of this Act is extended on and from that passing by 20 years, where the holding-

(a) is wholly situated west of a line (in this section referred to as the “50 km line”) delineated on plan M446 in the Department of Mapping and Surveying, which line indicates a distance approximately 50 km inland from the high water mark of the east coast of Queensland;

and

living areas.

(b) is, in. the opinion of the Minister, equal to or less than three (2) The lessee of a lease of every pastoral holding, preferential pastoral holding or pastoral development holding subsisting immediately before the date of the passing of this Act, where the holding-

(a) is wholly or partly situated east of the 50 km line;

(b) is, in the opinion of the Minister, in excess of three living may make application in writing to the Minister, not later than 12 months or such longer period as the Minister in his discretion may

OI:

areas,

(4)

2 s. 5 LAND ACT A ~ ACT 1986 ~ ~s. 5 ~ ~ ~ ~ T

allow, after the date of the passing of this Act, to have the term of his lease extended.

The Governor in Council may, on the recornmendation of the Minister, extend the term of the lease to which the application relates for such period, not exceeding 20 years, as the Governor in Council determines:

Provided that in the case of a lease of a pastoral development holding the term as extended shall not exceed the maximum term of lease available in respect of that holding under section 5 3 (2) of the Principal Act as amended by this Act.

(3) Where an offer of a new lease of a pastoral holding, preferential pastoral holding or pastoral development holding has been made under Part VI of the Principal Act and that offer has not lapsed at the date of the passing of this Act and the holding-

(a) is wholly situated west of the 50 km line;

(b) is, in the opinion of the ~ i n i s t e r , equal to or less than three the offer shall be taken to be for the term expressed therein plus a period of 20 years:

Provided that in the case of an offer of a new lease of a pastoral development holding the term so increased shall not exceed the maximum term of lease available in respect of that holding under section 53 (2) of the Principal Act as amended by this Act.

(4) Where an offer of a new lease of a pastoral halding, preferential pastoral ~ o l d i n g or pastoral development holding has been made under Part VI of the Principal Act and that offer has not lapsed at the date of the passing of this Act and the holding-

(a) is wholly or partly situated east of the 50 km line;

(b) is, in the opinion of the Minister, in excess of three living the Governor in Council may, on the recommendation of the Minister, extend the term of lease offered for such period, not exGeeding 20 years, as the Governor in Council determines:

Provided that in the case of an offer of a new lease of a pastoral development holding the term so extended shall not exceed the maxim^^

term of lease available in respect of that holding under section 5 3 (2) of the Principal Act as amended by this Act.

( 5 ) Application for an extension of the term of lease referred to in subsection (4) may be made by the lessee or, as the case may be, former lessee concerned and, if made, shall be made in writing to the Minister not later than 12 months or such longer period as the Minister in his discretion may allow after the date of the passing of this Act,

and

living areas,

or areas,

(5)

s. 6 LAND ACT A ~ ~ N ~ ~ E N T ACT 1986 s.10 3

(6) The Registrar of Dealings shall make an appropriate noting on the instrument of lease and on the register sheet of every pastoral lease whose term is extended under this section.

(7) Where in respect of a pastoral lease whose term is extended under this section the rental period current at the time the term is extended is less than 10 years that rental period shall continue until its expiration but each succeeding rental period in respect of that lease shall be 10 years;

Provided that where at any time the term of the pastoral lease left to run after the expiration of the last but one rental period is less than 10 years the last rental period shall be of the same duration as the balance of the term of the lease,

(8) Where the provisions of section 312 of the Principal Act are conditions of a pastoral lease, those conditions shall cease to apply, on and from the date of the passing of this Act.

6-10. Amended Principal Act.

BY AUTHORITY

S, R. H A ~ ~ S ~ N , G O V E R N M E N T PRINTER, QUEENSLAND-I989 82459 (rlan28)- 1/89

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