Majesty by and with the advice of the Legislative Council and Legislative Assembly of Queensland in Parliament assembled and by the authority of the same as follows- Partial repeal of I.

410 CILOWN LANDS (LEASIW OF).

(IIESSING OF).

34 VICTORIA, NO. 16. An Act to provide

fat-

the leasing of

( ~ ~ ~ ~ ~ ’ a ~

previously occupied. [17tLh September, 18CjO.l

WHEREAS i t is expediept %hat all lands now leased or otherwise occupied for 1

pastoral purposes under R e r Majesty’s order i n council and such regulatiooc as are now i n force i n the Coloiiy of Queensland should upon the egpiration of tlie current term for which they are occupied be brought under an amended and uniform tenurc Be i t therefore enacted by the Queen’s Most &cellcnnt Majesty by and with the advice of the Legislative Council and Legislative Assembly of Queensland in Parliament assembled and by the authority ^of the same as follows-

Partial repeal of I. So much of an Act of the Legislature of New South Wale8 passed

anflreiwlatiom. intituled ^‘I An A c t to impose an assessment on 1’uns in the unsettled ^and iictei-mediate dist&ts a n d . to inci*ease the veiit of h a d s leased f o r pastoral purposes .ruitlain tlie settled distpicts of Neiu A’oul?b Nhles” as may affect the provisions of this Act and so much of the orders in council and regulations now i n force as are repugnant to or inconsistent with the provisions of this Act shall be and the same are hereby repealed Provided that nothing herein contaiiied shall prejudice or affcct anything already done or commenced or

,

contracted to be done thereunder respectively.

11. Upon the expiration of the current terms for which any crown lands are UOW held under existing regulations or may be beld under the provisions of t h e Unoccupied Cvown L a n d s Occupation Act of 1860 or of

1

the T e n d e w ^for Ci~ozon Lands A c t of 1860 sucli crown lands shall in every ^I case be let upon a lease for five years subject t o the conditions hereinafter set forth.

111. Upon application from the occupant six months before the expiratio?

of any lease of crown lands for pastoral purposes the fair annual valueof lands comprised in such lease shall bc determined for the five years next ensuing the cxpiration of such lease according t o the provisions of clause tliirtcon of the Uiboccupied CYi*ozui~ Lands Occupation Act of lS60 and such valuation shall be based upon the grazing capabilities and other advantages or disadvautages of such lands but shall not have reference to any valnable improvements that may have been made thereon and s h d l be the annual rent during the currency of such lease and such rent shall be paid in advance.

Ifleasebenotre- IV. I n the event of such occupant not applying as aforesaid for a

ooclll,nnt rL,n valuation of t h e lands comprised i n his lease i n order to obtain a renew81

)J*l@tbyaL‘ctlon thereof accordiug to the tcriiis of such valuation as aforesaid or if such lands shall have been forfeited or vacated within tlie provisions of clause fourteen of the lhzoccipiecl Ci*ozon Lands Occupation Act of 1860 then such 1aDda shall be let t o the person biddiug the highest rent for the same at public auction hnt if such land3 shall have been so forfeited or vacated then for the

residue of the current term only and the upset rent a t such auction shallln either case be the rent determined by such valuation as aforesaid and if there should be no bidders a t such upset rent then it shall be lawful for tho Governor with tlic advice aforesaid to reduce such upset rent according ^!S he may think fit and again to submit the lease of such lands to public auction,

V. Any person not being the previous occupant of such lands who may obtain the reuewed lease thereof shall in addition to his rent pay into the Treasury before entering upon such lands the amount that may be fixed by arbitration in manner provided in clause thirteen of the atoccupied CWJ~

Lmtb Occupation Act of IS60 as being the value of the permenent improye- mcnts on such lands as may be comprised in any new lcasc to be granted thereof and such amount shall be forthwith paid to the outgoing lessee.

Preamble.

23Vlc

orcleTlora No in l i and in the twenty-second year of H e r Majesty’s rcign and numbered seventeen

All leases t o bo yeus.

renowecl for five

Rent t o bedetor- mined by VIL~LIIL.

tion.

newcd to lormer

Compeiisation for improve- 1iie:its.

CROWN LANDS (OCLUPATIOK). 411

TI.

All the clauses of the gnoccupied Cvown Zknds Occupation Act of ²⁶ VIC. NO. 16

pr 1860 from clause fourteen to clnuse thirty-four both inclusive except clause9

c,a,,8ez

^{to 3-1}

2nd nineteen shall be arid the same are hereby incorporated into this ^or UglocwLeil C'roron La.Lds Oc- c70pation Act xu-

v11. This Act shall be styled and may tw cited as ('The Occupied C'?.OZO~ cnvOra+ea S h o ~ t tltle.

Act.

FGnas

L,easixg Act

OS

1860."

-

(OCCUPATION).

T 3 1 L ~ 1 . 4 ~

IV.,

NO. 10

EREAS AS it is expcdient and necessary to protect the crown lands of this Pretmbk.

from encroachinent intrusion and trespass thereon and to prevent the unautl&sed occupation thereof from being cnndidered as giving any l r p l

title thereto Be it therefore enacted by ISis Rxccllency the Governor of New Governor t o np-

south Wales with the advice of the Leg:slative Council tberenf That from ~~~~m

; ; : 2 $

2nd after the passing of this Act it shall and may be lawful for the Governor ^:J;;;we:az

oft]ljs colony by warrant undcr his hand and sea1 to appoint so many fit and ^~,al~lfps p p e r persons as he .ilia11 think fit to be and thc said persons shall @ , ~ ; ; ~ W m .

thereupon bc and be called Commissioners of Crown Lands in the Colony of yew South Wales and the said persons and each of them &all continue in oftice a3 such during the pleasure of the said Governor and the said commissioners or any two or more of them shall and may during their continuance in office as aforesaid do and perform by and under direction of the Governor for and on behalf of His Majesty his heirs and successors in upon or in rcqpect of any erown lands in this colony all such lawful acts matters and things for prcveiiting intrusion encronchment and trespass thereon or for such other pnrpose as any bailiff or bailiffs lawfully appointed may by law do or pcrform in upon or in respect of any lands tenements or hereditaments of his or tlieir employer or employers.

emmissioners or for any two or more of them at any time and from time 'bL'thor'sed to

to time as the same shall appear to be necessary under direction of the

z;yop"";T::~;

Governor to make perambulations and surveys of the crown lands or any part lands ana to re-

thereof in any district of this colony and upon sucli perambnlations aud

surveys to require by writing under their hands the assistancc of any oftliepetme CC

'justice of the peace or constable in making the same and also to take in their i:yNr;LfMm.

aid SO many persons as shall and inay be necessary for the purposes of this Act.

commissioners or any two or more of them under t h e direction of the Governor as aforesaid to erect and place or cause to be erected and placed

y;

beacons or landmarks of euch construction form and materials and maiked in wilfully lllJumig

such manner as shall be appointed by tlie Surveyor-General of this colony any crown lands or tbe boundaries of any crown lands as they shall deem needful for denoting the same and the said beacons and landmarks from to time to keep n p and maintain or cause t o kept up and maintained i n Proper repair and if any person shall wilfully deface injure destroy or remove such beacon or 1,znclmarlr so placed or crectcd as aforesaid such person

(being

a free person) sl~all forfeit and pay to His Majesty his lieirs and for every such offence the snm of fifty pounds which shall and be recovered by action of debt in the name of His Majesty's Attorney-

General

i n any competent court of this colony ancl if such offence shall be committed by any couvict or transported felon or offender such person slid1 he deemed and taken thereby to have committed a misdemeanor aud shall and may be punished for the same accordingly.

An Act for p o t c c t i n g the croian lands

of

this colollyji.oni encroizchmeizt iutrusion and ti*espuss. [28th August,, 1883.1

11. And bc it enacted That it shall and may be lavful for the said Commirqioners nial\e lJernmhu-

quire the :uwt anco oP jnstices

111. And be i t enacted That i t slid1 and may be lawful for the said commissioners to erect beacons and lanarnarhs

&ic xnybeacouor

liLndm&rl..