ANKO QUADRAGESIMO
No. 16.
An Act t o provide for the Leasing of Runs in the Settled Districts of the Colony.
[ASSENTED TO 2!Ir~1t N O V M B E ~ ~ , 1876.
HEREAS the terms of the leases of the runs in those parts of preamble.
the colony described in “ The C i - o z o ~ ~ L a r d s Alienation Act of 1868 ” as
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The Settled Districts ” will shortly expire and the said leases are liable to be cletermined in the meantime by resumption And vhereas it is desirable that, provision should be made for dealing mjth the lands comprised in the said leases at the expiration or sooner determination thereof Be it therefore enacted by the Queen’s Most Excellent Majesty by aiid wi:h the advice and consent of the Legislative Council and Legislative Asseimbly of Queensland in Parliament assembled aiid by the authority of the same as follows- s l d mean and include any head-station house store stable hut woolslied sheep-pcn drafting-yard lmrn stockynrd feuce well clam reservoir bank trough artificial watercourse or watering-placc garden clearing cultivation or plantation of trees shrubs or artificial grasses or any building rrectioii construction or appliance being a fixture for tliemorkinq or maiiageivent of a run or of any sheep cattle or horses dep?stured thereon or for maintaining 01- increasing the pastoral or agncultnrnl capabilitics t,liereof And the term <‘ Minister ” shall mean the Secretary for I’ublic I,ands or other Minister n4io for the tiinc being pcrforms the duties of’ Secretary for Public Lands.1. For the purposes of this Act the term ‘< improvements” InterprcLation.
2. Wbene;er
124s 410” VICTORIB No. 1F.
Settled Dist~icts Pctstorul Leases Act of 1876.
Runs in settled bo of caisting or future leascs.
2. Whenever the term of the lease of any run in those parts of the colony clescribcd in
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The Cvowiz Lcii~cls Aliei~ntion Act of 1868’’as “ The Settled Districts” shall have expired by efftuxion of time or shall have become doterminecl by forfeiture and ~vlienever tlie term of any lease of any run iasuccl uiicler tlie provisions nest hereinaftcr con- tained shall have expired by effluxion of time forfeiture or otherwise the Governor in Couiicil ivny from time t o Iinie cause any such run or any part thereof t o be oEercc1 for lease for pastoral parposes by p b l i c auction for a term not exceediiig fii-e years.
3. I n any such case the sale sliall be held at the land agent’s office nearest t o the run and the upset price shall not be less than two pounds per square mile per annum and Ihc highest amount bid at auction shall be the annual relit of tlie run for tlic said term.
4. The Governor in Council shall issue to the purchaser a lease of the run for tlie said term subject t o tlie conditions following that is to say- .
(1.) Tlic term of the lease shall be from tlic first day of January or first clay of July nest following the date of salc
(2.) Iluriiis the term of the lease the lands deiuisecl shall be subject t o alienatioii under the provisions of the laws in force for tlie time being relating t o the alienation of Crown lands and shall be liabie to be witliclrawn from the lease by such alienation or by reservation for any public purpose
I n which case reut ( 0 (3.) I f during any year any part of ilie land s h d l bo
bo reduced. mithclrawii froni the lease in iiiaiincr hereinbefore
proviclecl the lcssce shall in tlic ensuing years be entitled to a remissiou of rent equal to twice the proportion of relit due for the area withdrawn from the lease Provided that in no case shall the rent of the remainder of t h o land be thereby reduced to less than o p pound per square n d e
(4.j The amount of the f i s t year’s rent shall be paid to the Land Agent at the timc of sale ancl the subsequent years’ rent shall be payable at the Treasury in Brisbane on tlie thirtieth day of September in each year and in default of s ~ c h payment the lease shall be forfeited and the land and all iinproveinents tliereou shall revert to the Crown Provided that the lessce may defeat such forfeiture for non-paynient of rent by paying at the Treasury in cash on or before tlie thirty-first day of December following a sun1 equal t o the annual rent together with an additional sum equal to one-tenth pap+ thereof by way of penalty but in default of such payment of rent and penalty on or before such thirty-fist clay of December tlie lease shall be absolutely forfeited and the lessee tciicl any person claiming tmler him shall be deemed a trespasser upon Crown land and be liable to be removed therefroin as such
(5.) When any land comprised in any such lease sliall be proclaimed for sale by auction or as open t o selection suchproclaivation or the offer for sale by auction shall not withdraw tlic land from the lease but tlie withdrawal from the lease shall take effect on the actual sale or selectioii wliich niay be made from time to tiliic pursuant to such proclamation
letisod a t espiratioii
Upset price.
Conditions of lease.
Commeucemeii t.
Liability to resoma- t i o u und anlo.
Date for payinciit of rent.
Time of withdrawn1 by salc or nelectiou.
(ti.) When
Forfeiture.
4Qo VICTORIA3 No. 16. 1249 Settled Districts Pustoral -Leases Act of 1876.
(6.) When any part of the land is withdrawn from the lease Notice of withdnml
by sale selection 01’ reservation as aforesaid the t o be given.
Boundaries of the land so withdrawn except where defined by natural featwcs or the external liniits of the lease shall be dcfinecl atncl marked on the ground by survey and notice of such withdrawal having been so made shall be sent by the land agent t o the lessee o r person in charge of the lancl on his behalf at the principal place of residence on the land comprised in the lease or in case neither the lessee nor any person in charge of the lancl can be found such notice of witli- drama1 shall be published tmice in the nearest convenient newspaper Provided that all notices of reservation for any public purpose shall be issned by tlie Minister ancl the substance thereof shall be published in the Guzette
of the lancl resumed and a description thereof
notice of withdrawal remove from the hadl coinprised ments*
therein any part of his improvements in respect of which no pre-emptive right has been exercised under Phe Crown, Lands Alienation Act of 1868 ” or may within the like time lodge with tlie land agent for the district a written statement of his claim for compensation for the value of such improvements not so removed accompanied by a schedhlc of the items of iniprovcincnt ailcl the value claimed for each but in default of such iioticc of Ilia claini being given to the laiicl agciit within sixty days from the notice of withdrawal the lessee shall be deemed to have abaiidoned all right t o compcnsation for the value o i such improvements.
pensation as hcreiiibefore provided for the value of improvements on land withclrawn from his leasc by being selected either by coiiclitional purchase or as a homestead or sold by auction or subsequent selection the selector or pmchaser shall within sixty clays after notification- of such claim to him pay the value of tlic*
improvements t o the lessee or require that the value bo determincd by arbitration and such selector or pur- chaser shall pay the lessee the amount awarded by the arbitrators or unipire within sixty days from tlie datc of the award ancl in default of such payment he shall rorfeit all right t o occupy the land and the selection or purchase shall have no cffcct
compensation for the vaIne of improvements situatc on the Cram- laiicl withdrawn from his lease for any public purpose the
Minister may within sixty days after receipt of tlie claim agree to the same or offer a less sum and if the lessee fail t o notify his acceptance of snch lesser sun1 within thirty clays the Minister shall cause the claim to . be determined by arbitration Provided that if the amount of compensation as agreed t o by the Minister and tlie lessee or determined by arliitration be not paid or tendered to thc lessee witliiii six months from the date of the agreement or award the ivitliclmwal shall cease t o have any eflect
the Minister and pajTment of st transfer fee of twenty-one
shillings. (1%)
Upon
(7.) Every such notice of withdrawal shall set forth the area F O of ~notice.
(8.) Any lessee or his agent may within sixty days after tlie Claims for improve-
(9.) When a lessee being entitlecl SO to do shall claim cornU Time of pojment.
(10.) When any such lessee being SO cntitled shall claim case of claimagainib
(11.) b y such lease may be transferred on application to Transfer of leases.
1260 40’ VICTORIA3 No. 16.
#Settled Districts Pastoral Leases Act of 1876.
No claim for improve (12.) Upon tlie c qi m t i o n of the term of bhe lease the lessee shall liave no riglit or claiin t o any rciiewal thcrcof 01’ to aiiy coiiipeiisatioii for tlie value of impro~eiiicnts on the land Provicled that if tlic value of any iniprowiiients iiixdc by any lessec not being itiiproveiiients in respect of which any right of pre- onip tion has been exercised or conipcnsatioii paid shall at any tiiiic thereafter be paid by aiiy purchaser or selector such d u e slinll -when received bc paid OVCF to tlie lessee by ~rlioiii tlie samc were iiiado.
Eole a t nuctiou of 5. All ruiis leased un(lei+ tlie foregoing lrovisions of this Act
leusee of forfeited wliicli may l x forfeited or n,c,ztecl during the currency of the leasc
33 vlc. c, 8 . 2,. thcrcof inny bc offered for sale by pulJlic auction for the residue of tho term of tlie lease computed froiii tlie iicarest first clay of January or first clay of J L ~ Y The upset price shall be not less than twenty shillings per square mile according to the cstiiiiated area aiid thc liigliest aiiiomit bid sliall be tlie aiiiiual rent to be paid for the rcmaiadcr of tlie term of the lease.
Provisions in rase of 6. Whenevcr tlie nrliole of tlic land coiii1)risecl in aiiy existing
1e@urui3tion Of the lease of any run in the sniil ‘‘ Settled Districts” shall liave been liercto-
,ettied distncts. fore or shall be hereafter resumed from lease under the provisions of thc tciitli section of the said “ Crozoiz L a n d s Alieizatiou Act of 1868 ” the following consequences sliall ensue that is to say-
(1.) The land coin1)rised in the lease and so resumed sliall I)c subject bo alieiiatioii under the proyisioiis of the l a m in force for t,lic tlluc being relating to tlie alienation of C r o ~ v n laiicls ~ v l d slmll be liable t o be ~+-itlidrawn from the lease by such alienation or by reservatioii for any public purpose
(2.) All the provisions of tlie fourth section of this Act relating to tlie withclramal OF land from the leases therein mentioned shall exteiid and apply CO the land so resumecl a i d the lessees tliereof.
(3.) Except as aforesaid tlic lease of tlie run shall be dcciiicd to be still sitbsistiug :~ncl una(Tcotcd by sucli rosuinption.
7. A L tlie cspirntioii of :my l c x c hy cffluxiion of tiiiic tlic lcssce slinll bc entitlcd t o rciiiaiii iii posscssion of tlie run for the period of sis nioiitlis Sor tlic purpose of rciiioving liis stock therefrom.
8. WlieiicT-cr it shall becoiue iiccessavy mider the provisions of
c.46 8, 102, this Act to fix or ascertain any price value or suiii of money by arbitra- tion tlic Minister a d tlic claimant in matters concerning tlie rights of the Crown aiid cadi of the reslmtivc parties interested in any oilier case
iiias
coiicur in tlic appointnient of n single appraiser or arbitrator as the case iiiay require and failing such coiictu‘rence it shall bc l ~ ~ f d for either 1 ~ ~ r t g of liis own accord OF at tlie request of tlic otlicr t o appoiut ai1 appraiser or arbitrator as the case niag require and upon such appointiriciit to give notice tlrereof to the other party or parties Aiid if tlie other party or l>artics or any of then1 sliall not within thirty clays after sucli notice apl)oint an appraiser or ubitrator thc appraiser or ar1)itrator first appointed together with sucli other appraisers or arbitrators (if aiiy) tls shall have been duly appointed 11-itliin that t h o sliall liave power t o detcmiinc the iiinttcr alonc And in any of tlic cases aforcsaid the matter iii question shall bc inquired into and dcterinincd by sucli siiiglc: apprniscr or arbitrator or such appraisers or arbitrators or their umpirc.9. This Act) shall be stjlccl and uiay be cited as
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Tle Settled Disbicts Pctstorcrl Leases Act (Lf 1876.”nients nfter term.
and vacated runs.
whole of a run iu the
L m c e t o be entitled t o 611 mouths to remom his stccli.
Modo of nppraise- ment or nrbitrtttion.
Ug A u t h r i t ~ : JANES C . BEAL, Qureriiment f r i n t e r , {Yilliam Street, Urisbaue.
