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©State of Queensland
PART I-PRELIMINARY 1. Short title
PART 11-AMENDMENT OF L4ND ACT 1962-1981 2. Citation
3, 4. Amended Principal Act
PART 1II-AMEND~~~T OF L4ND ACT AN[> ASOTHER ACT AMENDMENT ACT 1981
5 . Citation
6. Amended Principal Act
PART IV-PROVISIOM AFFECTING CERTAIN PLIRCHASES, ~ O L D I N G S A N D APPLICATIONS
7.
8.
9. Completion of existing applications Extension of period of existing purchases
Application of ss. 127 and 188 Land Act to Irriga~ion Areas
CT A EN NT
611.
[Reprinted as at 1 June, 19881
An Act to amend the Land Act 1962-€981 in certain particulars, to amend the Land Act and Another Act Amendment Act 1981 in a certain pa~icular and for other purposes
[ASSENTED TO 20 APRIL, 19821 BE IT ENACTED by the Queen’s Most Excellent ~ a ~ ~ s t y , by and with the advice and consent of the Legislative Assembly of Queensland in Parliament ass~mbled, and by the a u t h o ~ t y of the same, as follows:--
PART I-PRELIMINARY
1, Short title. This Act may be cited as the Land Act and Another Act ~ ~ z e n d m e n t Act 1982.
PART 11-AMENDMENT OF LAND ACT 1962-~981
2. Citation. (1) In this Part the Land Act 1962-1981 is referred to (2) The Principal Act as amended by this Part may be cited as the 3, 4. Amended Principal Act.
as the Principal Act.
Land Act 1962-1 982.
PART I I I ~ A ~ E N D M E N T OF LAND ACT AND ANOTHER ACT A ~ E NACT ~ 1981 ~ ~ ~ T
5. C i ~ t i ~ n . (1) In this Part the Land Act and Another Act Amendment 2) The Principal Act as amended by this Part may be cited as the 6. Amended Principal Act.
Act 1981 is referred to as the Principal Act.
Lan
cl
Act and Another Act Amendment Act 1981-1982.2 s. 7 LAND ACT AND ANOTHER ACT AMENDMENT s.
a
PART IV-PROVISI~N~ AFFECTING CERTA~N PURCHASES, HOLDINGS 7, ~ x t e n s i o n of period of existing purchases. (1) Within six months or such longer period as the Minister in his discretion allows in a particular case from the date of passing of this Act a lessee of a holding under a demise granted pursuant to section 207 of The Land Act of 1962 as amended to the date of the demise may apply to the ~ i n i s t ~ r for an extension of the period within which he is, at the date of passing of this Act, required to pay the balance of the purchasing price of the holding and the Minister may in his discretion extend the period as he thinks fit but so that no period as so extended shall be more than doubled in duration.
ACT 1982
AND APPLICATIONS
(2) Where an extension is granted under subsection (1) the annual instalments payable by the lessee in respect of the balance of the purchasing price shall be recalcu~at~d so that the amount of the purchasing price that has not become due and payable at the date of the lessee’s app~ication under this section, together with interest thereon at the rate that would be applicable to a demise of land put to the same use as the lessee’s land granted under the Land Act 1962-1982 at the date of the lessee’s application under this section, shall be paid by him in equal annual instalments over the period as so extended.
(3) The Registrar of Dealings shall make an appropriate noting on the instrument of lease evidencing a demise in respect of which the period has been extended pursuant to this section and in the appropriate register kept in the Department.
8. App~i~ation o f ss. 127 and 18 Land Act to ~ r r i ~ a t i ~ ~ Areas. ( 1
1
Subject to this section, the provisio s of sections 127 and 188 of the Land Act 1962-1 981 apply respectively and have applied respectively
since the commencement of the and Act and Anothe~ Act A ~ e n d ~ e ~ ~ Act 1981 in respect of P e ~ e t u a ~ Lease elections and Auction Perpetual
Leases that pur the ~ r r ~ ~ ~ t ~ ~ n Areas
land
~ e t t ~ e ~ e n ~ ~ Act 1962- 1972 are to be to be leases under that Act and the Land Act within the ~ e a n i n g of that Act,(2) The operation of subsection (1) is subject to the following (a) where the annual rent of a lease that was due for assessment
on or after 1 January 1981 has been determined and the unimproved capital value so determined is less than the unimproved capital value notified or determined for the rental period current on 31 December 1980 the first- mentioned unimproved capital value shall for the purposes of section 127 or 188 as the case may be, be the unimproved capital value for the rental period commencing on 1 J a n u a ~
1981;
provisions:--
LAND ACT AND A ~ ~ T ~ E R ACT A ~ E ~ ~ M ~ ~ T
ACT 1982 s. 9 3
where the annual rent of a lease that was due for assessment on or after 1 January 1981 has been determined and the rent so determined is greater than the rent notified or determined for the rental period current on 31 December 1980 the first~mentioned determination of that rent shall be void and of no effect;
where moneys have been paid in pursuance of the determination of an assessment due on or after 1 January 1981 which are in excess of moneys which would have been payable in accordance with section 127 or, as the case may be, 188, the difference between the a m o u ~ t s paid and the amount which would have been payable in accordance with section 127 or, as the case may be 188 shall be credited as rent;
the provisions of section 127 and 188 as the case may be, of the Land Act 1962-1981 do not apply-
(i) to a lease subsisting at the date of the passing of the Land Act and A n u t ~ e r Act A ~ ~ n d ~ e n t Act 1981 in respect of which an application has been made under section 135 or 191 as the case may be of the Land Act 1 9 6 ~ ~ 1 9 8 1 and completed prior to the date of the passing of this Act;
(ii) to a lease s u b s i ~ t i n ~ at the date of the passing of this Act in respect of which an application has been made under section 191 o f the LandAct ~ ~ 6 2 - ~ 9 8 1 prior to the passing of this Act but has not been completed prior to that date, unless or until the application lapses as prescribed or the Minister duly rejects the application and in that event the pr~visions of section 188 of that Act shall apply as if the application had not been made.
For the purposes o f subparagraph (i) of this paragraph (d) an application shall be deemed to have been completed when the appli~ant duly made the election prescribed by section 142 or, as the case may be, 193 of the Land Act (e) the period within which a lessee may apply to the Minister under section 1 2 7 ~ or 1 8 8 ~ of the Land Act 1962-1 982 shall be deemed to c o m ~ e n ~ e on the date of passing of this Act.
~ ~ 6 2 - ~ 9 8 1 .
9. ~ o ~ ~ l ~ t i ~ n of ~ ~a ~ ~ l i c a t i ~ ~ ~ . i ~Every application made ~ i ~ ~ under section 135 of The Land Act of 1962 as amended to the date o f the application in respect of a Perpetual Lease Selection and received by the Minister on or before the date of passing of this Act and not completed shall be continued and completed as if this Act had not been passed and for that purpose every relevant provision of the L a ~ d ~ c t
~ 9 6 ~ - 1 9 ~ ~ shall be deemed to continue in force and to have the operation and effect it had immediately before the passing of this Act.
4 s a 9 LAND ACT AND ANOTHER ACT AMENDMENT
ACT 1982 s. IQ
For the purposes of this section, an app~ication referred to herein (a) when the applicant duly made the election prescribed by section 142 of The Lnnd Act of I962 as amended to the relevant date;
(b) when the application lapsed as prescribed by The Land Act of 1962 as amended to the re lev an^ date; or
(c) when the application was duly rejected by the Minister.
shall be deemed to have been c ~ ~ p l ~ t e d -
BY AUTHORITY
S . K. HAMPSON, G O V ~ R N ~ E N T PRINTER, Q U ~ E N S L A ~ ~ - l 9 8 8
801 45 ~ R l a ~ Z 4 ) 6/88
