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©State of Queensland
LAND ACT 1962-1988
ANALYSIS OF CONTENTS
PART I-PRELIMINARY
1. Short title 2. Severability 3. Division of Act 4. Repeals and savings
5. Interpretation of terms (1910, s. 4)
PART II-ADMINISTRATION
Division I-General Provisions 6. Grants and leases (1910, s. 6)
7. Grant or lease may issue in the name of deceased person (1910, s. 7) 8. Issue of grant to trustee
9. Surrender and issue of fresh deed when road opened or closed, etc. (1910, s. 8)
10. Correction of misdescription, etc., in grant by subsequent instrument (1910, s. 9)
11. Waiver of breach of condition in grant (1910, s. 10) 12. Description of land in grant
13. Description of land in lease
14. Obligation to perform conditions of leases and licences
15. Minimum age at which land may be applied for or held (1959, s. 62) 16. Declaration of trusts
17. Districts, counties, parishes, town and suburban land (1910, s. 13) 18. Declaration of noxious plants (1910, s. 13A)
Division II-Land Administration Commission 19. Land Administration Commission (1959, s. 7) 20. Powers and duties of the Commission (1959, s. 9) 21. Powers of inquiry and investigation (1959, s. 9 (2»
22. References to the Land Administration Board (1959, s. 10) 23. Powers of Minister and Governor in Council (1959, s. 11)
Division III-Secretary, Commissioners and other Officers
24. Appointment of Secretary, Commissioners and other officers (1910, s. 14)
25. (Repealed)
Division IV-Designated Officers and Committees of Review 26. Designated officers and Committees of Review
27. Non-participation of interested Committee member 28. Majority decision of Committee
29. Recommendation not binding on Minister 29A. Decision of designated officer or Committee final 29B. Powers of Commission of Inquiry
29c. Purpose of appointment or constitution to be specified Division V-The Land Court
30. Land Court (1910, s. 20) 31. Salaries of members
31A. Leave of absence to members 31 B. Election as to leave of absence 31c. Pension benefits to members
310.
32.
33.
34.
34A.
34B.
35.
36.
37.
38.
39.
40.
41.
41A.
418.
42.
43.
44.
45.
45A.
458.
45('.
450.
46.
47.
48.
2 Computation of length of service
Tenure of office of new members (1910, s. 22) Removal from office; suspension (1910, s. 23) Appo~ntment of acting members (1910, s. 24)
Certam matters not affected by determination of commission Hearing of matter where member unable to continue
Seal.: public sittings (1910, s. 25) RegIstrar and deputies (l910. s. 26) General jurisdiction (1910, s. 27)
Assessment of rent, compensation, etc. (1910, s. 29) Dispute as to boundaries (1910, s. 30)
Jurisdiction of one member (1910, s. 31) Powers of Court (1910, s. 32)
Mutual discovery of information as to basic properties and the general nature of evidence
Mutual exchange of valuations
Penalty for interrupting the proceedings (1910, s. 33) Court may rehear matter (1910, s. 34)
Division VI-The Land Appeal Court Constitution of Land Appeal Court (1910, s. 35)
Division VII--Appeals from the Land Appeal Court Appeal to Full Court on questions of law
Case may be stated
Appeals made and cases stated in accordance with Rules of Court Powers of Full Court
Power to make Rules of the Supreme Court
When Land Appeal Court may refuse to state a case (1910, s. 37) Full Court to determine the questions on the case (1910, s. 38) Case may be sent back for amendment (1910, s. 39)
PART III-PASTORAL TENURES
Division I-Pastoral Leases
49. Opening of land for pastoral lease and withdrawing same (1910, s. 40) 50. Matters to be specified in opening notification (1910, s. 40)
51. Additional requisites of opening notification for pastoral development holding
52. Additional requisites of opening notification for preferential pastoral holding 53. Term of lease (1959, s. 61)
54. Disqualifications for preferential pastoral holdings (1910, s. 408) 55. Joint ownerships (1910, s. 40c)
56. Application for pastoral holding or pastoral development holding (1910, s. 41)
57. Application for preferential pastoral holding (1910, s. 41) 58. Determination of successful applicant
59. First year's rent, etc.
60. Payment balance survey fee
61. Conditions generally (1910, ss. 42, 43)
62. Conditions of lease of preferential pastoral holding (1910, s. 43) 63. Agistment (1910, s. 43)
64. Fencing (1910, s. 170)
65. Restriction on improvements (1910, s. 43.-'\) Division II-Stud Holdings 66. Application for stud holding (1958, s. 52) 67. When Minister to reject application (1958, s. 53)
68. Powers, etc., of Minister as respects applications (1958, s. 54) 69. Advisory Committee (1958, s. 55)
70. Investigation by Land Administration Commission (1958, s. 56) 71. Powers of the Governor in Council and Minister (1958, s. 57)
3
72. Steps to be taken by lessee upon approval wholly or in part of his application for a stud holding (1958, s. 58)
73. When new lease to issue in substitution for subsisting lease (1958, s. 59) 73A. Extension of term of lease of stud holding
74. Renewal oflease of stud holding (1958, s. 60)
Division III-Occupation Licences
75. Opening of land for occupation licence and withdrawing same (1910, s.
45)
76. Opening notification (1910, s. 45) 77. Applications (1910, s. 45)
78. Licences may be granted without previous notification (1910, s. 46) 79. Provisions applicable to occupation licences (1910, s. 47)
80. Restriction on improvements
81.
82.
83.
84.
85.
86.
87.
88.
89.
90.
91.
92.,93.
94.
95.
96.
97.
98.
99.
100.
101.
102.
103.
104.
105.
106.
107.
108 109.
110.
Ill.
112.
113.
114.
115.
116.
117.
118.
119.
120.
121.
122.
PART IV-SELECTIONS
Division I-General Provisions
Opening land for selection and withdrawing the same (1910, s. 48) (Repealed)
Classes of selections Maximum areas (Repealed)
Maximum area which may be held as grazing homestead perpetual lease (1910, s. 53)
What opening notification shall specify (1910, s. 54) Method of application to select land
(Repealed)
Selective method of application Disqualifications (1910, s. 59) (Repealed)
Joint ownership (1910, s. 60) (Repealed)
Applications to be lodged in prescribed form (1910, s. 66) (Repealed)
Applications to be made in good faith (1910, s. 69) Determination of successful applicant
Payment of balance of first year's rent, etc.
Approval by Court and notice to applicant (1910, s. 74) Commencement of lease (1910, s. 77)
Saving
Balance of survey fee (1910, s. 85)
Condition offencing or other improvement on agricultural selections (1910,
s. 78)
Fencing of Part IV selections (1910, s. 79) Fencing of other selections
Maintenance of fencing (1910, s. 80)
Enclosure of contiguous selections etc. (1910, s. 81) Where fence unnecessary (1910, s. 170)
Minister may exempt from or vary fencing conditions (1910, s. 79) Fencing of contiguous grazing homestead perpetual leases (1910, s. 82) Fencing road boundaries (1910, s. 83)
Method of performing condition of personal residence (1910, ss. 86-87) Method of performing condition of occupation (1910, s. 89)
Commencement of residential conditions (1910, s. 76) Neighbouring holdings held by the same lessee (1910, s. 91)
Commissioner may suspend such condition in certain cases (1910, s. 93) Modification of residential conditions (1910, s. 90)
Appointment, etc., of bailiff (1925, reg. 14) Savings
Exemption from condition of personal residence
123.
124.
125.
126.
127.
127A.
128., 129.
130.
131.
132.
133.
134.
4
Division II-Agricultural Selections Tenure (1910, s. 99)
Savings
When fee-simple of agricultural farm or grazing homestead freeholding lease may be acquired (1910, s. 100)
Extension of application of s. 125 Perpetual lease selections (1910, s. 104)
Lessee may elect to have unimproved capital value determined by Court (Repealed)
Division III (Repealed) (Repealed)
Division IV-Grazing Homestead Perpetual Leases Nature of tenure and conditions of lease
Conversion of certain tenures Saving
(Repealed)
Division V-Conversion of Grazing Homestead Perpetual Leases to Grazing Homestead 135.-138.
139.
140.
141.
142.
143., 144.
144A.
145., 145A.
146.
147.
147A.
147B.
147c.
1470.
147E.
147F.
147G.
147H.
148., 149.
150.-153.
154.
155.
156.
157.
158.
159.
159A.
160.
161.
162.
162A.
Freeholding Leases (Repealed)
Application for conversion
Matter to be certified by the Commission (1959, s. 26) General provisions (1957, s. 5, 1959, ss. 23 and 26)
Lessee to elect whether to proceed with conversion of tenure (1957, s. 6, 1959, s. 24)
(Repealed)
Terms and conditions of grazing homestead freeholding lease (Repealed)
Liability to pay rent (1957, s. 8, 1959, s. 30) Payment for timber (1959, s. 31)
No transfer to corporation of certain freeholded land without consent of Governor in Council
Reservation for purposes of forest management
Entitlement and liability of lessee or owner of area to which reservation of forest products relates
Procedure when Forest Entitlement Area no longer required by Crown Conditions of discharge of reservation
Resumption of land where discharge of reservation not desired
Adjustment of instrument of title upon discharge or termination of reservation Minister's powers when instrument of title not held by him
Division Jt7 (Repealed) (Repealed)
Part V (Repealed) (Repealed)
PART VI-SECURITY OF LEASEHOLD TENURE Division I-Renewal of Leases before Expiry Application of Division
Application by lessee for new lease (1959, s. 42) Investigations by Commission (1959, s. 43) Powers of the Minister (1959, s. 44) Lessee to be qualified to hold new lease
Steps to be taken by lessee upon approval wholly or in part of his application for a new lease (1959, s. 45)
Power to extend subsisting lease
Issue of new lease and conditions thereof (1959, s. 46) Inclusion in offer of improved Crown land
Interpretation (1959, s. 47)
Land deemed to be Crown land in certain cases
5
Division II-Late Lessee's right to receive offer of new Lease on expiration of Lease 163. Duties of Commission with respect to expired lease
164. When late lessee to receive offer of new lease (1910, s. 72) 165. Issue of new lease, etc.
166. Covenant entitling lessee to new lease 167. Meaning of term "late lessee"
168. Inclusion in offer of improved Crown land
Division III-Surrender of Leases by arrangement
169. Leases surrendered by arrangement shall be deemed to be expired leases (1910, s. 72A)
Division IV (Repealed) 169A.-169F. (Repealed)
PART VII-SALES BY AUCTION
Division I-Auction Sales in Fee-simple
170. Land may be sold by auction or withdrawn (1910, s. 115) 171. Notification of land for sale (1910, s. 116)
172. Conditions to be read (1910, s. 118) 173. Who deemed purchaser (1910, s. 118) 174., Land sold after auction
175. (Repealed)
176. Demise of land sold with freeholding convenant (1958, s. 16) 177. Assignment of rights before grant issues (1910, s. 120) 178. Payment of purchasing price
179. When deed of grant to issue (1910, s. 120 (3»
180.-187.
188.
188A.
189.
190.
Division II-Auction Perpetual Leases (Repealed)
Term of lease and rent of certain auction perpetual leases (1910, s. 121 (I»
Lessee may elect to have unimproved capital value determined by Court Conditions of lease (1910, s. 121 (I»
Remission of rent
Division III-Provision for the Freeholding of certain Perpetual Town Leases, Perpetual 191.
192.
193.
193A.
194.
195.
196.
197.
Suburban Leases, and Perpetual Country Leases Application (1957, s. 10)
Court to determine unimproved value (1957, s. II)
Lessee to elect whether to proceed with application (1957, s. 12) Tourist leases
Terms and conditions of lease for term of years Payment of purchasing price
Freeholding covenant (1957, s. 15)
Instalments of purchasing price payable as rent
PART VIII-SPECIAL LEASES AND GRANTS
Division I-Special Leases
198. Offer of land as special lease and withdrawal of same (1910, s. 179) 199. Matters to be stated in notification
199A. Conditions of sale to be read 200. Who deemed purchaser
200A. Land sold after auction and simultaneous applications 201. (Repealed)
202. Purchaser entitled to lease
6
203. Issue of special leases without notification (1910, s. 179) 204. Terms and conditions of special lease
205. Lease ofland costly to develop or where special circumstances exist (1958, s. 33)
206. When corporation may take special lease
Division II-Sale for an Estate in Fee Simple of Land comprised in a Special Lease 207. Sale of special lease holding (1910, s. 175 B)
208.
209.
210.
211.
212.
213.
Division III-Special Grants
Sales without competition in special cases (1910, s. 175)
Sale or lease of Crown land to a religious body for erection of church buildings (1910, s. 175A)
Leases for manufacturing or industrial, etc., purposes without competition (1910, s. I 75(')
When purchaser entitled to deed of grant
Nature and conditions of leases under this Division Powers to grant in case of escheat (1910, s. 177)
PART IX-PROVISIONS RELATING TO THE DEVELOPMENT OF CROWN LAND AND LAND RECLAIMABLE FROM THE SEA
214.
214A.
215.
216.
217.
218.
219.
220.
221.
222.
Division I-Development Leases Development leases (8 Eliz. 2 No. 25, s. 2) Extension of term of development lease
Conditions of development leases (8 Eliz. 2 No. 25, s. 3) Subdivisions of development leases (8 Eliz. 2 No. 25, s. 4)
Security for performance of conditions of lease (8 Eliz. 2 No. 25, s. 5) Lessee may purchase estate in fee-simple in subdivisions (8 Eliz. 2 No. 25,
s. 6)
Entry (8 Eliz. 2 No. 25, s. 7)
Maintenance of roads, etc. (8 Eliz. 2 No. 25, s. 8) Transfer, etc., of lease (8 Eliz. 2 No. 25, s. 9) Body corporate
Division II-Agreements for .Development Leases 223. Agreements (8 Eliz. 2 No. 25, s. II)
PART X-ANCILLARY PROVISIONS
Division I-Miscellaneous Provisions 224. Maps ofland open (1910, s. 161)
225. Land Agent to keep registers of applications (1910, s. 162) 226. Instruments of lease
227. Registers of leases, etc., to be kept (1910, s. 163)
228. Dispensing with production of documents (1925, reg. 29) 229. Provisional instruments of title (1925, reg. 30)
230. Registration of dealings, etc.
231. When right to occupy accrues
232. Restriction on the right of impounding (1910, s. 172) 233. Overstocking (1910, s. 173A)
234. Condition as to making returns (1910, s. 174) 235. Cases of trusteeship (1910, s. 135A)
Division II-Improvements made by Predecessor 236. Improvements (1910, s. 123)
237. Payment of excess over provisional value
238. Crown deemed owner of improvements and payment to late lessee (1910, s. 124)
7
239. Minister may accept payment by instalments for Crown Improvements (1910, s. 123A)
240. Destruction of trees, etc., deemed an improvement 241. Meaning of term "late lessee"
242.
243.
244.
245.
246.
247.
248.
249.
249A.
250.
251.
252.
253.
254.
255.
256.
257.
258.
259.
260.
261.
262.
262A.
263.
264.
265.
266.
266A.
267.
268.
269.
270.
271.
272.
273.
274.
275.
276.
277.
278.
279.
280.
281.
Division III-Rent
Principles of rent assessment and valuation (1959, s. 36) Principles for determination of rent (1910, s. 125) How comparable sales are to be applied (1959, s. 38)
S. 25 of 8 Geo. 6 No. 3 not to apply for the purposes of this Act (1962, s. 3)
Lessee may elect to have rent for first period determined by Land Court (1958, s. 18)
Rent, where and when payable (1910, s. 127) Rent to be paid pending re-assessment (1910, s. 128) Penalties for default in payment of rent (1910, s. 129) Adjustment of rent consequent upon adjustment of area
Division IV-Destruction of Trees on Holdings. etc.
Permit to destroy trees (1910, s. 198)
Division V-Destruction of Prickly-pear and other Noxious Plants Destruction of noxious plants (1910, s. 137A)
Powers of the Commission (14 Geo. 5 No. 34, s. 11 (6) (7»
Meaning of term "noxious plants"
Effect of express condition to destroy noxious plants (1910, s. 136) Notice to destroy noxious plants (1910, s. 137A)
Prickly-pear District (14 Geo. 5 No. 34, s. 9) Appointment of warden (14 Geo. 5 No. 34, s. 5)
Effect of express condition to destroy prickly-pear (1910, s. 136) Application of these provisions (1910, s. 138)
Notice as to infested holdings and duties of tenants (1910, s. 141) Harrisia cactus (1958, s. 24)
Forfeiture for failure to comply with notice (1958, s. 26) Destruction of cactus at expense of Crown tenant (Repealed)
Roads, stock routes and reserves (1958, s. 27) Freehold lands (14 Geo. 5, s. 11)
Exemption from obligations under this Act (1958, s. 28)
Power of Minister to authorise person to enter and destroy prickly-pear Indemnity in respect of stock lost through the use of poison, etc., for
destroying prickly-pear (1958, s. 29)
Land deemed to be included in holding (1958, s. 30) DMsion VI-Additional Areas
Additional areas (1927, s. 10)
Division VII-Amalgamations. Subdivisions. etc.
Amalgamation of contiguous holding (1910, s. 167) Subdivision of holdings, etc. (1910, s. 168)
(Repealed)
Division VIII-;-Subleases. mortgages, transfers and other Dealings Meaning of "prescribed period"
Subletting (1910, ss. 430, 94, 121) Mortgages (1910, s. 156)
Effect of mortgage (1910, s. 158)
Mortgage of land wanted as additional area (1910, s. 158A)
Mortgages of holdIngs whilst condition of personal residence applies (1910, ss. 157, 157A)
Rights of mortgagee (1910, s. 159)
When mortgage deemed breach of condition
Mortgage of sublease and sub-sublease (1910, s. 160B)
282.
283.
284.
285.
286.
287.
288.
289.
290.
291.
292.
293.
294.
295.
296.
297.
298.
299.
300.
301.
302.
303.
304.
305.
306.
307.
308.
309.
310.
311.
312.
313.
314.
315.
316.
317.
318-321.
322.
323.
324.
325.
326.
327.
328.
329.
330.
331.
332.
8 Easements (1910, s. 197 A)
Easements affecting both freehold and leasehold lands or reserves (1910, s. 1978)
When mortgage, etc., not affected by surrender of lease (1910, s. 160A) Perfecting security over holdings where freehold acquired subsequent to
mortgage (1910, s. 160)
Transfer of leases and licences (1910, s. 166) (Repealed)
Transfer of sublease
Registration of marriages and deaths and transmissions by death (1910, s. 165)
Transmission of land in certain cases without probate or administration (1910, s. 169)
Registration of transmission upon bankruptcy (1910, s. 169A) Execution against holdings, etc.
Power of attorney (1925, reg. 15) Division IX (Repealed) (Repealed)
Division X-Forfeiture. etc.
Forfeiture for breach of condition (1910, s. 130 (2»
Forfeiture for fraud, etc. (1910, s. 130 (1»
Forfeiture proceedings (1910, s. 133)
Forfeitures to be notified in the Gazette (1910, s. 134)
Consequence of forfeiture or other premature determmation of lease, etc.
(1910, s. 135)
Improvements included in forfeiture (1910, s. 130 (3»
Recovery of penalties in respect of forfeitures (1910, s. 130 (4»
When Governor in Council may forfeit other holdings held by lessee (1910, s. 130A (4»
Mortgages of forfeited holdings (1910, s. 130 (3»
Sale by mortgagee in lieu of forfeiture (1910, s. 130 (3»
Non-payment of rent (1910, s. 131)
Division XI-Resumption and Compensation Resumption with compensation
Resumption on behalf of constructing authorities other than Crown Effect of resumption Proclamation
Service of Proclamation
Application of provisions of Part IV of Act No. 48 of 1967 Discontinuance of resumption
(Repealed)
Reservations for public purposes not defined Compensation for improvements
When destruction of trees, etc., deemed improvement Effect of part resumption upon rent
Meaning of terms "lessee" and "holding"
(Repealed)
Division XII-Fencing Claims Application of Fencing Acts (1910, s. 170A)
Rabbit-proof and marsupial-proof fences (1910, s. 171) Division XIII-Communal Ring Fences Interpretation
Communal ring fence against vermin (1910, s. 17IA)
Majority may request ring fence against vermin (1910, s. 171 A (2»
Powers of Minister with respect to memorial (1910, s. 171A (3), (4), (5»
Effect of declaration of benefited area (1910, s. 1 71 A (6»
Implementation of decision of the Court (1910, s. 171 A (7), (8»
Provisions applicable to agreements generally (1910, s. 171A (9»
Application of Division to freehold lands (1910, s. 171A (10»
Body corporate (1910, s. 171A (11), (13»
9
Division XIV-Surrenders 333. Right to surrender (1910, s. 122)
334.
334A.
334B.
334c.
3340.
334E.
334F.
335.
336.
337.
338.
338A.
339.
339A.
340.
341.
342.
342A.
343.
343A.
344.
345.
346.
347.
347A.
348.
349.
350.
351.
351A.
351B.
351c.
3510.
351 E.
351F.
351G.
351H.
3511.
351.1.
351K.
351 L.
351M.
351 N.
3510.
351 P.
351Q.
352.
352.-\.
PART XI-GRANTS, RESERVES AND RESERVATIONS FOR PUBLIC PURPOSES
Division I-Deeds of Grant in Trust and Reserves Grants and reservations for public purposes (1910, s. 180) Reservations for environmental parks
Revocation of reservation of environmental park Exclusions from grants in trust
Reservations from grants in trust
Description of land granted in trust, excluded or reserved Certain grants not to include land in actual use by Crown
Division II-Appointment. Duties and Powers of Trustees Trustees of land without a grant (1910, s. 181)
Mayor or Chairman may be trustee (1910, s. 182)
Land may be held by trustees in official name without specifying their individual names (1958, s. 34)
Trustees shall be deemed to be owners for the purpose of legal proceedings (1910, s. 184)
Duty to preserve trust property By-laws (1910, s. 186)
Supervision of works in environmental parks New trustees (1910, s. 187)
Accounts, etc., of trust (1910, s. 188) No power of sale (1910, s. 185 (1»
Easements affecting land granted in trust Limitation on power to lease (1910, s. 185 (2»
Leasing by trustees contrary to purpose of grant or reserve Provisions applicable to leases (1910, s. 185 (2»
Minister's approval to be endorsed on lease Application of rents (1910, s. 185 (2) (vi»
Dealing with leases
Trustee's termination of certain leases subject to review Cancellation of leases by Minister
Effect of termination of trust upon lease Occupation or use contrary to trust prohibited Mortgage ofland granted in trust (1910, s. 185 (3»
Division Ill-Land Reserved as Environmental Park Power to lease land in environmental park
Environmental Park Fund Public entry to parks
Interference with parks prohibited
Receiving products of environmental parks Works in environmental parks
Authority of permit
Suspension and cancellation of permit
Unauthorized obstructions in environmental parks Ammals unlawtully on environmental parks Honorary rangers
Prevention of breach of Act or by-law Apprehension and questioning of offenders General powers of prescribed persons and rangers Identification of persons tending environmental parks Evidentiary provisions
Protection of officers
Division III-Resumption of Surplus Land Granted in Trust Court to determine whether or not the trust includes surplus land Special provisions for resumption of land granted in trust for the benefit
of Aboriginal or Islander inhabitants
353.
353A.
354.
354A.
355.
356.
357.
10.
Division IV-Winding up of Trusts
Pow~r of G<?,:ernor in Coun~il. to determine trust (1910, s. 189)
SpecIal provIsIOns for determmmg trust for benefit of Aboriginal or Islander inhabitants
Winding up of trust (1910, s. 189A)
When lands held in trust for a public purpose may be surrendered to the Crown
Indemnity
Meaning of "lessee"
Powers, etc., of Local Authority as trustee
Division V-Reservations in Deeds of Grant
358. Resumption of reservations for public purposes (1910, s. 190) 359. Sale of reservation which is not required (1910, s. 191)
360. Dealing otherwise than by sale with unrequired reservation (1910, s. 191) 361. Meaning of "owner"
361A. Ownership of improvement not affected by grant
362.
363.
364.
365.
365A.
3658.
366.
367.
368.
PART XII-ROADS
Division I-Dedication Opening and Closure Opening of Crown lands as roads
Closure of road on application by registered proprietor or lessee of adjoining land (1910, s. 192)
Doubts as to dedication to be resolved by Court (1910, s. 192)
Power of Governor in Council with respect to land comprised in permanently closed road (1910, s. 193)
Amalgamation of land of registered proprietor in certain circumstances Surrender of freehold land for road purposes by registered proprietor Road licence over lanel comprising road temporarily closed
Temporary closure of road under carriageway of bridge, etc.
Closure of roads where recommended by Minister or upon application of Local Authority
Division /I-Power to Construct Roads and Additional Powers with respect to Land 369. Roads dedicated to the public by private persons (1910, s. 196) 370. Minister may construct roads (1934, s. 2)
370A. Extension of powers, etc., of Governor in Council and Minister
371.
371A.
372.
373.
373A.
3738.
374.
375.
376.
377.
377A.
378.
379.
380.
381.
PART XIII-GENERAL
Division I-Miscellaneous Provisions Power to purchase or exchange (1910, s. 197) Permissive occupancies
Trespass to Crown land, etc., and removal of trespassp.rs Removal of trespassers, etc.-other provision
Prevention of breach of the peace, etc., in relation to Crown land or reserve Application of Act No. 28 of 1971 to Crown land and reserves
Limitation of acquisition of land by possession (1910, s. 203A) Rights of pasturage for travelling stock (1910, s. 205)
Sale of prickly-pear plants prohibited (1910, s. 205A) Jurisdiction of justices (1910, s. 206)
Facilitation of proof
Obstruction, etc., of Commissioners and other officers and authorised persons
Annual Report
Exemption from Stamp Duty (1929, s. 78)
Service of notices, documents, etc. (1925, Regs. 27 and 28)
382.
383.
383A.
384.
385.
Schedule
II
Division II-Regulations, Rules, etc.
Regulations (19 I 0, s. 209) Rules of Court
Fees (Repealed)
Publication of Proclamations, etc. (1910, s. 207)
QUEENSLAND
LAND ACT 1962-1988
[Reprinted as at 1 June, 1988]
Land Act of 1962, No. 42
As amended by
Statutory Salaries and Allowances Act of 1963, No.7, Part V Land Acts Amendment Act of 1964, No. 49
Land Acts Amendment Act of 1965, No. 14 Aliens Act of 1965, No. 19
Land Acts Amendment Act of 1965 (No.2), No. 69 Land Acts Amendment Act of 1967, No.2
Land Acts Amendment Act of 1967 (No.2), No. 41
Repealed by Acts Repeal Act 1973, No. 46, s. 2 Sch.
Land Acts Amendment Act of 1968, No.9 Land Acts Amendment Act 1968 (No.2), No. 49 Land Act Amendment Act 1970, No. 28
Land Act Amendment and Primary Producers' Assistance Act 1971, No.
32
Metric Conversion Act 1972, No. 31, Part II, First Sch.
Part II and First Schedule in relation to this Act commenced 1 October 1973 (Proc.
pubd. Gaz. 15 September 1973, p. 227).
Land Act and Other Acts Amendment Act 1973, No. 41 Land Act Amendment Act 1974, No. 14
Age of Majority Act 1974, No. 57
Commenced I March 1975 (Proc. pubd. Gaz. 16 November 1974, p. 1083).
Limitation of Actions Act 1974, No. 75
Land Act Amendment and Pastoralists' Assistance Act 1974, No. 78 Land Act and Another Act Amendment Act 1975, No. 12
Land Act Amendment Act 1978, No. 59
Land Act and Another Act Amendment Act 1981, No. 21
Land Act and Another Act Amendment Act 1982, No. 11, Part II Land Act (Aboriginal and Islander Land Grants) Amendment Act 1982,
No. 17, Part II (as amended by Part III of Act No. 30 of 1984 and Part VI of Act No. 41 of 1985).
Part II commenced 15 June 1985 (Proc. pubd. Gaz. 15 June 1985, p. 1247).
Land Act Amendment Act 1983, No. 37
2 s.l LAND ACT 1962-1988 s.3
Land Act (Aboriginal and Islander Land Grants) Amendment Act 1984, No. 30, Part II
Land Act Amendment Act 1984, No. 54 (as amended by Act No.6 of 1985).
Land Act Amendment Act 1985, No.6
Real Property Acts and Other Acts Amendment Act 1986, No. 26, s. 4 Sch.
Land Act Amendment Act 1986, No. 31
Land Act Amendment Act 1986 (No.2), No. 49
Land Act Amendment Act 1987, No. 34 (as amended (as from 30 April 1987) by s. 15 (1) of Act of 1988, No. 12).
Land Act and Another Act Amendment Act 1988, No. 12.
An Act to Consolidate and Amend the Law relating to the Alienation, Leasing and Occupation of Crown Land
[ASSENTED TO 28 DECEMBER, 1962]
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:-
PART I-PRELIMINARY
1. (1) Short title. This Act may be cited as "The Land Act of 1962."
(2) Commencement of Act. This Act shall come into operation on a date to be fixed by the Governor in Council by Proclamation published in the Gazette.
Commenced 1 January 1963 (Proc. pubd. Gaz. 29 December 1962, p. 1617).
Collective title conferred by Act of 1984, No. 54, s. 2 (2).
2. Severability. This Act, including every Proclamation, Order in Council, rule, regulation, or by-law hereunder, shall be read and construed so as not to exceed the legislative power of the State to the intent that where any enactment hereof or provision of any Proclamation, Order in Council, rule, regulation, or by-law hereunder would but for this section have been construed as being in excess of that power, it shall nevertheless be a valid enactment or provision to the extent to which it is not in excess of that power.
3. Division of Act. This Act is divided into Parts and Divisions of Parts as follows:-
PART I-PRELIMINARY (8S. 1-5);
PART II-ADMINISTRATION (ss. 6-48)- Division I-General Provisions (S8. 6-18);
Division II-Land Administration Commission (88. 19-23);
s.3 LAND ACT 1962-1988 s.3 3
Division III-Secretary, Commissioners and other Officers
(s. 24);
Division IV-Designated Officers and Committees of Review
(ss. 26-29c);
Division V-The Land Court (5S. 30-43);
Division VI-The Land Appeal Court (s. 44);
Division VII-Appeals from the Land Appeal Court
(ss. 45-48);
PART III-PASTORAL TENURES (88. 49-80)- Division I-Pastoral Leases (S5. 49-65);
Division II-Stud Holdings (ss. 66-74);
Division Ill-Occupation Licences (88. 75-80);
PART IV-SELECTIONS (ss. 81-147H)-
Division I-General Provisions (58. 81-122);
Division II-Agricultural Selections (ss. 123-127 A);
Division III-(Repealed);
Division IV-Grazing Homestead Perpetual Leases (ss. 131-133);
Division V-Conversion of Grazing Homestead Perpetual Leases to Grazing Hornestead Freeholding Leases
(ss. 139-147H);
PART V-(Repealed);
PART VI-SECURITY OF LEASEHOLD TENURE (S8. t54-169)- Division I-Renewal of Leases before Expiry (S8. 154-162A);
Division II-Late Lessee's right to receive o17er of new Lease on expiration of Lease (8S. 103-168);
Division Ill-Surrender of Leases by arrangement (s. 169);
Division IV -(Repealed);
PART VII-SALES BY AUCTION (88. 170-197)-
Division I-Auction Sales in Fee-simple (S8. 170-179);
Division /I-Auction Perpetual Leases (ss. 188-190);
Division Ill-Provision for the Freeholding of certain Perpetual Town Leases, Perpetual Suburban Leases and Perpetual Country Leases (88. 191-197);
PART VIII-SPECIAL LEASES .~ND GRANTS (8S. 198-213)- Division I-Special Leases (8S. 198-206);
Division /I-Sale for an estate in Fee Simple of Land Comprised in a Special Lease (8. 2(7);
Division III-Special Grants (S8. 208-213);
PART IX-PROVISIONS REL!>TING TO THE DEVELOPMENT OF CROWN LAND AND LAND RECLAIMABLE FROM THE SEA (88. 214-223)-
Division I-Development Leases (58. 214-222);
4 s.3 LAND ACT 1962-1988 s.3
Division II-Agreements for Development Leases (s. 223);
PART X-ANCILLARY PROVISIONS (ss. 224-333)- Division I-Miscellaneous Provisions (ss. 224-235);
Division II-Improvements made by Predecessor (ss. 236-241);
Division Ill-Rent (ss. 242-249A);
Division IV-Destruction of Trees on Holdings, etc. (s. 250);
Division V-Destruction of Prickly-pear and other Noxious Plants (ss. 251-268);
Division VI-Additional Areas (s. 269);
Division VII-Amalgamations, Subdivisions, etc. (ss. 270-271);
Division VIII-Subleases, Mortgages, Transfers and other Dealings (ss. 273-293);
Division IX-(Repealed);
Division X-Forfeiture, etc. (ss. 295-305);
Division Xl-Resumption and Compensation (ss. 306-317);
Division XII-Fencing Claims (ss. 322-323);
Division XIII-Communal Ring Fences (ss. 324-332);
Division XIV-Surrenders (s. 333);
PART XI-GRANTS, RESERVES AND RESERVATIONS FOR PUBLIC PURPOSES (ss. 334-361)-
Division I-Deeds of Grant in Trust and Reserves (ss. 334-334B);
Division Il-Appointment. Duties and Powers of Trustees (ss. 335-351);
Division IIA-Land Reserved as Environmental Park (ss. 351A-351Q);
Division III-Resumption of Surplus Land Granted in Trust (ss. 352-352A);
Division IV-Winding up of Trusts (ss. 353-357);
Division V-Reservations in Deeds of Grant (ss. 358-361);
PART XII-ROADS (ss. 362-370A)-
Division I-Dedication, Opening and Closure (ss. 362-369);
Division II-Power to Construct Roads, and Additional Powers with respect to Land (ss. 370-370A);
PART XIII-GENERAL (ss. 371-385)-
Division I-Miscellaneous Provisions (ss. 371-381);
Division Il-Regulations, Rules, etc. (ss. 382-385);
[The following abbreviations are used in the marginal notes to this Act:-
1910-"The Land Acts. 1910 to 1962";
1927-"The Land Acts Amendment Act of 1927";
1 929-"The Land Acts Amendment Act of 1929";
s.4 LAND ACT 1962-1988 1934-"The Land Acts Amendment Act of 1934";
1952- "The Land Acts Amendment Act of 1952";
1957-"The Land Acts and Other Acts Amendment Act of 1957";
1958-"The Land Acts and Other Acts Amendment Act of 1958";
1959- "The Land Acts and Other Acts Amendment Act of 1959";
s.4 5
1959, No. 2-'The Land Acts and Other Acts Amendment Act of 1959, No. 2";
1962- "The Land Acts Amendment Act of 1962";
1925, Reg.-"The Land Regulations of 1925";
Reg.-A regulation under the repealed Acts made in the year or on the date related thereto in the margin.]
As amended by Act of 1975, No. 12, s. 2; Act of 1981, No. 21, s. 3; Act of 1984, No. 54, s. 3; Act of 1985, No.6, s. 3; Act of 1987, No. 34, s. 67 Second Sch.
Repeals and Savings
4. Repeals and savings. (1) The Acts mentioned in the Schedule to this Act are repealed to the extent therein indicated. The said Acts are herein referred to as the "repealed Acts."
(2) All leases of land and road licenses granted or issued under the repealed Acts, and subsisting at the commencement of this Act, shall be deemed to have been granted or issued under the provisions of this Act relating to the tenure or class or mode of a class of tenure hereunder which is analogous thereto and shall in aU respects continue in force and be held under and subject to this Act:
Provided that-
(a) nothing in this Act shall extend or be deemed to extend the term of any subsisting lease which was granted under the repealed Acts for a term of years;
(b) the repeal of the repealed Acts shall not affect in any way the jurisdiction of the Court to hear and determine the matter of the annual rent of any subsisting lease for any rental period commenced before the commencement of this Act;
(c) the tenures of all subsisting prickly-pear development grazing homesteads, prickly-pear development grazing farms, devel- opment grazing homesteads, development grazing farms, perpetual lease prickly-pear selections and perpetual lease prickly-pear development selections held under the repealed Acts, shall be converted under the relevant provisions of Part IV;
(d) every subsisting prickly-pear selection and prickly-pear development selection held pursuant to "The Land Acts, 1910 to 1962," and "The Prickly-pear Land Acts, 1923 to 1959," shall, during the subsistence of the term of lease, continue to be subject to those Acts except as modified by this Act;
(e) every subsisting stud holding comprising land which was opened under the provisions of section 16A of "The Land Acts Amendment Act of 1927," and every subsisting forest grazing lease shall, during the subsistence of the term of lease, continue to be held upon the terms, conditions and
6 s.4 LAND ACT 1962-1988 s.4
stipulations to which the lease was subject under the repealed Acts;
(f) notwithstanding the repeal thereof by this Act the repealed Acts shall be deemed to continue in force to the extent necessary to give operation and effect to the provisions of this proviso.
(3) (a) All applications for land made under the repealed Acts prior to and pending at the commencement of this Act shall be deemed to have been made under the analogous provisions of this Act.
(b) If at the commencement of this Act any person has been allotted priority of selection of any portion of land pursuant to the provisions of section fifty-five of "The Land Acts, 1910 to 1962," and the land has not been selected, such person's occupation and improvement of the land shall continue and the opening and selection of the land shall be effected subject to and in accordance with the relevant provisions of
"The Land Acts, 1910 to 1962," as if such Acts had not been repealed, but any lease issued after the commencement of this Act to any such person, pursuant to the approval by the Court of an application by him, shall be issued under, subject to and in accordance with the analogous provisions of this Act for the class or mode of a class of selection specified in the opening notification.
(c) Every application to select land approved by the Court before the commencement of this Act in respect whereof a license to occupy was not issued under the repealed Acts shall be deemed to be pending at the commencement of this Act and, where the selector has not made any payment required to be made by him for improvements on. the land, the time within which this Act prescribes that such payment shall be made, shall commence to run on the date of the commencement of this Act.
(4) In the case of any pastoral lease, settlement farm lease or grazing selection under the repealed Acts which expired prior to the commence- ment of this Act-
(a) if the land or part of the land comprised therein is open for selection at the commencement of this Act with priority of application to the late lessee, the late lessee may exercise that right and the land be applied for as if the relevant provisions of "The Land Acts, 1910 to 1962," had not been repealed, save that after approval of the application by the Court the lease shall be issued and held subject in all respects to this Act;
(b) if the land comprised therein has not been dealt with by the Minister, the late lessee's right of priority of application pursuant to section seventy-two of "The Land Acts, 1910 to 1962," shall be deemed to be a right to receive an offer of a new lease pursuant to Divison II of Part VI and the lease shall be deemed to be an expired lease under this Act.
In this subsection the term "late lessee" has the meaning assigned to it by Division II of Part VI.
