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LANDS LEGISLATION AMENDMENT
BILL 1992
EXPLANATORY NOTES
The objectives of the Bill are:
1. To abolish the statutory offices of the Land Administration
Commission, Surveyor-General and Valuer-General, assigning all relevant
authorities and powers of these statutory offices, including the power to
delegate, to the chief executive of the department administered by the
Minister administering the Land Act 1962, Surveyors Act 1977 and the
Valuation of Land Act 1944 respectively (the exception to this is where the
authorities and powers relate to the professional registration board of
surveyors). The Bill will also make the necessary consequential
amendments.
2. To streamline the operations of land related registrations and
recordings by establishing a "land registry". The land registry will comprise
registers currently maintained by the Registrar of Titles (for example, the
real property registers and the Crown leasehold registers), and other
prescribed registers and compilations of land-related material. The land
registry will be established and maintained by the chief executive of the
department administered by the Minister administering the Real Property
Act 1861. The land registry will eliminate the need for either specifically
legislated local registries (Townsville and Rockhampton) or Deputy
Registrars. Thus the land registry will be a framework for grouping and
referring to land related registers and recordings.
3. To make changes to that section of the Land Act 1962 dealing with
permits to destroy trees in a way which will provide for appropriate control
and management of the clearing of trees on Crown leases, licenses, reserves
and deeds of grant in trust, while also providing for general exemptions to
the need for a permit for routine rural operations.
4. To implement reviewed penalties for offences in various Lands
legislation; converting to penalty units which reflect current community
values.
2
5. To provide for more efficient administration for various procedures
under the Land Act 1962 including miscellaneous issues flowing from the
Lands Legislation Amendment Act 1991, by implementing a number of
amendments to the Land Act 1962, the Miners' Homestead Leases Act
1913, the Mining Titles Freeholding Act 1980, and the Forestry Act 1959.
Details of specific clause notes are as follows:--
CHAPTER 1--PRELIMINARY
Clause 1 Short Title.
Clause 2 Commencement; on a day or days to be proclaimed, except for
the list of repealed Acts (Schedule 2) which commences on Assent of the
Bill.
Clause 3 Amended Acts; each Act in Schedule 1 is amended as set out in
Schedule 1.
Clause 4 Schedule 2 contains a list of Acts to be repealed.
Clause 5 Consequential repeals can be found in Schedule 3.
CHAPTER 2--STATUTORY OFFICES
PART 1--AMENDMENT OF BRIGALOW AND
OTHER LANDS DEVELOPMENT ACT 1962
Clause 6 This clause allows for amendments to the Brigalow and Other
Lands Development Act 1962 consequent upon the abolition of the Land
Administration Commission.
Clause 7 The Land Administration Commission is constituted as a
corporation under this Act for the purposes of administering the Fitzroy
Brigalow Land Development Trust Fund and Agreement. The fund and
agreement are still operational, therefore it is necessary to replace the
3
Corporation of the Land Administration Commission with an appropriate
body. This replacement body is to be called the Brigalow Corporation.
This clause omits section 4 of the Act (relating to the Corporation),
replacing it with provisions which outline the new Corporation. The clause
also omits section 5 of the Act (relating to the acquisition of land under the
Act) as it is no longer required because no more land is being acquired
under the Brigalow scheme.
The clause allows for the Brigalow Corporation to be a body corporate,
established as a corporation sole, and for the chief executive to constitute the
Corporation.
This clause also allows for references in any Acts or documents to the
Corporation of the Land Administration Commission, to be taken as a
reference to the Brigalow Corporation, also providing for the Corporation to
have the functions and the powers conferred on it by the Act, in addition
allowing for the delegation of the chief executive's powers.
PART 2--AMENDMENT OF LAND ACT 1962
Clause 8 This clause allows for amendments to the Land Act 1962
consequent upon the abolition of the Land Administration Commission.
Clause 9 The Land Administration Commission is responsible to the
Minister for the administration of the Land Act 1962. The Land Act 1962
establishes the Land Administration Commission and outlines its
membership and responsibilities. This clause omits those provisions, and
provides for the new administrative arrangements.
The new administrative arrangements set out in this clause are that the
Act is administered by the Minister, and subject to the Minister, by the chief
executive. The clause also allows for delegation of the Minister's and the
chief executive's powers to officers of the department.
This clause also allows for a reference in any Act or document to the
Land Administration Commission, the Chief Commissioner of Lands, or
the Secretary of the Land Administration Commission to be taken to be a
reference to the chief executive.
4
PART 3--AMENDMENT OF REAL PROPERTY ACT
1861
Clause 10 This clause allows for amendments to the Real Property Act
1861 consequent upon the fulfilment of Objective 2, stated at the beginning
of these Explanatory Notes.
Clause 11 This clause:
-- omits provisions no longer required or necessary. These include
provisions relating to the appointment and functions of the
Registrar-General (when used in a real property sense. This office of
Registrar-General was changed to Registrar of Titles by the Registrar
of Titles Act in 1884 but not all occurrences of the title were amended).
The clause also allows for a reference to the Registrar-General (when
used in the real property sense) to be a reference to the Registrar of
Titles (previously covered in the Registrar of Titles Act 1884).
-- establishes the Registrar of Titles. The Registrar of Titles is
currently established in the Registrar of Titles Act 1884, which will be
repealed by this Bill. The Registrar of Titles is to have a seal of office
(as before) and is to be appointed and hold office under the Public
Service Management and Employment Act 1988. The clause also
allows for the Registrar of Titles to delegate the Registrar's powers and
duties, and for the Registrar to be subject to the chief executive.
-- establishes a land registry. The land registry is to comprise of
current registers maintained by the Registrar of Titles under an Act,
prescribed registers relating to interests in land, and other land-related
prescribed compilations. It also provides for the locations of offices at
which documents may be lodged and for the documents that may be
or may not be lodged at those offices, to be specified in Regulation.
The land registry is to be established and maintained by the chief
executive.
-- provides for a reference in any Act or document to the "office of
the Registrar of Titles" (that is, the office or bureau as distinct from the
statutory office or appointment) to be a reference to the land registry.
5
-- provides the chief executive with the power to delegate the chief
executive's powers under the Act.
PART 4--AMENDMENT OF SURVEYORS ACT 1977
Clause 12 This clause allows for amendments to the Surveyors Act 1977
consequent upon the abolition of the office of Surveyor-General.
Clause 13 This clause restructures the Surveyors Board as a consequence
of the abolition of the Surveyor-General.
Whereas at present the Board consists of nine members: being the
Surveyor-General, two nominees of the Surveyor-General, and six other
nominees, this clause allows for eight members: being two nominees of the
chief executive, and the six other nominees as before.
In addition, whereas at present the Surveyor-General's nominees both
had to be surveyors; the clause allows for one of the chief executive's
nominees to be a non-surveyor. This introduces the ability to have a
non-surveyor member of the Board.
Clause 14 This clause allows for the appointment of members of the
board by the Governor in Council. An officer of the public service may be a
member of the board.
Clause 15 This clause allows for the Governor in Council to appoint a
member of the board who is a licensed surveyor, to be President of the
board. It also allows for resignation of, and reappointment to, the
President's position.
PART 5--AMENDMENT OF VALUATION OF LAND
ACT 1944
Clause 16 This clause allows for amendments to the Valuation of Land
Act 1944 consequent upon the abolition of the office of Valuer-General.
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Clause 17 This clause omits provisions in the Act for: the appointment
of the Valuer-General and Deputy Valuers-General; the administration of
the Act by the Valuer-General (subject to the Minister); and the appointment
of valuers required in the administration of the Act.
The appointment under the Act of valuers is not necessary. The staff
necessary for the administration of the Act are appointed through the
normal public service appointments to the department, or employed through
contracts as appropriate.
This clause also allows for a reference in any Act or document to the
Valuer-General, to be a reference to the chief executive.
CHAPTER 3--TREE CLEARING--AMENDMENT
OF LAND ACT 1962
Clause 18 This clause allows for amendments to the Land Act 1962
consequent upon the fulfilment of Objective 3, stated at the beginning of
these Explanatory Notes.
Clause 19 This clause provides for an overhaul of section 250 of the Act,
regarding tree clearing. The clause:
-- changes the name to tree clearing permit;
-- defines critical area, lease, lessee (defining those who are subject
to the requirement to obtain a permit), tree clearing permit and tree
management plan;
-- includes the requirement for trustees of land granted in trust or
reserves to apply for a permit. Trustees of Aboriginal and Torres Strait
Islander deeds of grant in trust are exempt from the need to obtain a
permit;
-- provides for penalties for clearing without a permit or for a breach
of permit conditions;
-- enables the chief executive to require a tree management plan or a
map clearly delineating the area to be cleared, to accompany an
application;
-- provides for a maximum term of 5 years for a permit;
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-- provides for the extension of the term of a permit if it is less than
5 years up to a maximum of 5 years;
-- provides for the various conditions to which a tree clearing permit
may be subject;
-- provides for the conditions upon which a permit may be
transferred with a lease;
-- allows for the cancellation of a permit;
-- allows for the exemption of the requirement for a permit for
clearing that is for prescribed routine rural management purposes. The
exemptions for prescribed routine management purposes will not
allow trees cleared to be removed from the lease, the destruction of
prescribed species or the clearing of trees in prescribed critical areas;
-- allows for the exemption of prescribed trustees of land granted in
trust and reserves, from the necessity to obtain a permit and
consequently the exemption from the liability for an offence of clearing
trees without a permit.
CHAPTER 4--MISCELLANEOUS
PART 1--AMENDMENT OF FORESTRY ACT 1959
Clause 20 This clause allows for amendments to the Forestry Act 1959
consequent upon the fulfilment of Objective 5, stated at the beginning of
these Explanatory Notes.
Clause 21 This clause omits definitions no longer required or necessary
(Acts Interpretation Act 1954). It includes a definition of chief executive
(lands) as the chief executive within the meaning of the Land Act 1962, and
provides for new definitions of a Crown holding and freeholding lease, to
be consistent with provisions in the Land Act 1962.
PART 2--AMENDMENT OF LAND ACT 1962
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Clause 22 This clause allows for amendments to the Land Act 1962
consequent upon the fulfilment of Objective 5 stated at the beginning of
these Explanatory Notes.
Clause 23 This clause provides for all sales of an estate in fee simple or
leases containing a freeholding purchase arrangement to be subject to the
payment of the prescribed deed fees and assurance fees under the Real
Property Act 1861 as part of the purchase arrangements, thus ensuring that
they will proceed to a deed of grant.
Clause 24 This clause provides for a lessee of an auction perpetual lease
used exclusively for residential purposes, to apply for a reduction in the
annual instalments on the grounds of hardship. It also provides for the
prescribed guidelines and machinery for an application.
If a reduction is amended or cancelled, the remaining instalments are to
be adjusted to ensure the purchase price is paid in full. A reduction does not
reduce the purchase price.
The clause also renumbers an existing section as a consequence of the
amendments.
Clause 25 This clause provides for the lessee of an auction perpetual
lease (converted) used exclusively for residential purposes, to apply for a
reduction in the annual instalment on the grounds of hardship. It also
provides for the prescribed guidelines and machinery for an application.
If a reduction is amended or cancelled, the remaining instalments are to
be adjusted to ensure the purchase price is paid in full. A reduction does not
reduce the purchase price.
Clause 26 This clause provides for a special lease to be reassessed for
rent at the periods set out in the original offer of that lease despite the
possibility of the actual lease document being silent on reassessment of rent
or rental periods.
Clause 27 This clause relating to remissions of rent is now removed as it
is redundant. Remissions have been modified to include residential leases
outside towns and cities and are now incorporated into the various sections
dealing with remissions of rent for residential leases.
9
Clause 28 This clause provides for the lessee of a special lease used
exclusively for residential purposes to apply for a reduction in the annual
rent on the grounds of hardship. It also provides for the prescribed
guidelines and machinery for an application.
If a reduction is granted, the reduced rent may be payable from the day of
the effect or the beginning of the annual rental period.
A reduction may be amended or cancelled in changed circumstances.
Clause 29 Under this clause, when the lessee of a non-competitive lease
is a charitable organisation, sporting or recreational organisation or the like,
the Minister may set a concessional rent. This is already the case for Special
Leases.
This clause also provides for a lessee of a non-competitive lease used
exclusively for residential purposes to apply for a reduction in the annual
rent on the grounds of hardship. It provides for the prescribed guidelines
and machinery for an application.
If a reduction is granted, the reduced rent may be payable from the day of
the effect or the beginning of the annual rental period.
A reduction may be amended or cancelled in changed circumstances.
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SCHEDULE 1
CONSEQUENTIAL AND MINOR AMENDMENTS
LANDS LEGISLATION AMENDMENT BILL 1992
EXPLANATORY NOTES
ABORIGINAL LAND ACT 1991
Amendments that:
-- remove reference to the Land Administration Commission, and
in doing so also remove reference to the Registrar of Titles being
required to give something to the Registrar of Titles. This is
consequent upon this Bill as well as a consequence of the transfer of
the duties of the Registrar of Dealings to the Registrar of Titles in the
Lands Legislation Amendment Act 1991.
ACQUISITION OF LAND ACT 1967
Amendments that:
-- omit sections no longer necessary, that deal with savings and
repeals and the divisions of the Act, in line with current drafting
practice;
-- define chief executive and chief executive (surveys), and omit
definitions no longer required or necessary (Acts Interpretation Act
1954). Other definitions are re-drafted into plain English;
-- allow for the substitution of "the office of Registrar of Titles"
with "the land registry", or words to the same effect;
-- allow for the substitution of Surveyor-General with chief
executive (surveys).
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ACTS INTERPRETATION ACT 1954
Amendments that:
-- include in the section on meanings of commonly used words and
expressions, the expression "land registry".
BRIGALOW AND OTHER LANDS DEVELOPMENT ACT 1962
Amendments that:
-- allow for the substitution of chief executive for Land
Administration Commission;
-- omit definitions no longer required or necessary, define chief
executive, and amend the definition of "Corporation" to mean the
Brigalow Corporation instead of the Corporation of the Land
Administration Commission;
-- omit provisions no longer necessary, in line with normal drafting
practice. No new land is being released under this Act, therefore
sections relating to the acquisition of land for the purposes of the Act,
the opening of land for selection and the refusal of applications for land
are no longer necessary. Sections duplicating Land Act 1962
provisions are also omitted.
BUILDING UNITS AND GROUPS TITLES ACT 1980
Amendments that:
-- allow for the substitution of "the office of Registrar of Titles"
with "the land registry", or words to the same effect;
-- provide for an abbreviated manner of referring to the "chief
executive within the meaning of the Valuation of Land Act 1944": that
is, as the "chief executive (valuations)" and allow for the substitution
of chief executive (valuations) for Valuer-General;
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-- omit references to Acts to be repealed in the Bill.
CITY OF BRISBANE ACT 1924
Amendments that:
-- define chief executive (valuations) as the chief executive within
the meaning of the Valuation of Land Act 1944;
-- allow for the substitution of chief executive (valuations) for
valuation authority.
FOREIGN OWNERSHIP OF LAND REGISTER ACT 1988
Amendments that:
-- omit definitions no longer required or necessary;
-- define Registrar and allow delegation of the Registrar's powers;
-- omit references to the Registrar of Dealings;
-- update a penalty for an offence.
FORESTRY ACT 1959
Amendments that:
-- allow for freeholding lease in the definitions of owner and quarry
materials;
-- allow for the definition of and substitution of chief executive
(lands) for Land Administration Commission;
-- delete redundant or non-applicable tenures, redrafting relevant
sections in modern drafting style;
13
-- delete subsections relating to use of quarry materials that are
inappropriate for sections dealing with Crown land, and instead insert
appropriate provisions in the subsection relating to the use of quarry
products by an owner of a deed of grant or freeholding lease, making
the same conditions apply to deeds of grant and freeholding leases;
-- make provisions in the Act for leases subject to timber
agreements under the Land Act 1962.
LAND ACT 1962
Amendments that:
-- Omit definitions and provisions no longer required or necessary
(Acts Interpretation Act 1954);
-- define chief executive, chief executive (surveys), chief executive
(valuations), authorised officer and other definitions specifically
relating to tree clearing;
-- allow for the substitution of chief executive for Land
Administration Commission, member of the Commission, Chief
Commissioner of Lands and Secretary of the Land Administration
Commission (or words that effect the same end), and necessary
consequential changes;
-- allow for the substitution of chief executive (surveys) for
Surveyor-General;
-- allow for the substitution of chief executive (valuations) for
Valuer-General;
-- omit the ability to set up a Commission of Inquiry;
-- allow for the substitution of "the office of the Registrar of Titles"
with "the land registry" or words to a similar effect;
-- omit references to minimum penalties;
-- update penalties and convert dollar penalties to penalty units for
offences;
-- provide for timber purchases that existed prior to the
commencement of the Lands Legislation Amendment Act 1991 (31
14
December 1991) not to be subject to the minimum instalments
introduced in the Lands Legislation Amendment Act 1991;
-- provide for the method of payment of the purchasing price of a
Land Act 1962 section 205 lease to be set forth in the conditions of that
lease;
-- correct a referencing error in the Act;
-- provide transitional provisions necessary for the proper operation
of the amended section 250 of the Act, until such time as the Nature
Conservation Act 1992 commences.
LAND SALES ACT 1984
Amendments that:
-- Omit definitions no longer required or necessary;
-- allow for the substitution of land registration authority or
appropriate register with the land registry or department as appropriate,
or words to a similar effect.
LANDS LEGISLATION AMENDMENT ACT 1991
Amendments that:
-- amend wording in the Act to make it clear that the Minister and
the Land Court are empowered to determine rentals for periods
commencing prior to 1 July 1993, up to that date, and in the transition
period after that date, until such time as the annual rental
determinations have been implemented;
-- allow for the retention of terms and discounts for conversion of
grazing homestead perpetual leases, on applications received prior to 5
February 1990. The exclusion was an oversight in the Act;
-- correct minor grammatical errors.
15
LOCAL GOVERNMENT ACT 1936
Amendments that:
-- omit definitions no longer required or necessary;
-- define chief executive (valuations);
-- allow for the substitution of chief executive (valuations) for
valuation authority;
-- allow for the substitution of land registration authority with the
land registry or department as appropriate, or words to a similar effect.
MINERS' HOMESTEAD LEASES ACT 1913
Amendments that:
-- define chief executive and omit definitions and sections no longer
required or necessary (Acts Interpretation Act 1954);
-- allow for the substitution of chief executive for Land
Administration Commission, member of the Commission, Chief
Commissioner of Lands and Secretary of the Land Administration
Commission (or words that effect the same end);
-- change a reference to the "Director-General, Department of
Lands" to a reference to the "chief executive";
-- substitute a reference to the Registrar of Dealings with a reference
to the Registrar of Titles or land registry as appropriate;
-- omit the existing delegation provisions and substitute new
delegation clauses in modern drafting style;
-- omit the provision in the Act for maximum areas of blocks that
may be held as a Residence Area, a Business Area or a Market Garden
Area. Some such blocks may fall above the maximum area, as they
were unsurveyed at the time of allocation. Therefore this clause
removes a barrier to freeholding such Areas, if all other assessment
criteria indicate that they would be suitable for freeholding.
16
MINING TITLES FREEHOLDING ACT 1980
Amendments that:
-- allow for the substitution of chief executive for Land
Administration Commission, member of the Commission, Chief
Commissioner of Lands and Secretary of the Land Administration
Commission (or words that effect the same end);
-- provide for an abbreviated manner of referring to the "chief
executive within the meaning of the Valuation of Land Act 1944": that
is, as the "chief executive (valuations)", and allow for the substitution
of "chief executive (valuations)" or "valuation under the Valuation of
Land Act 1944" for Valuer-General (as appropriate to the context);
-- substitute a reference to the Registrar of Dealings with a reference
to the Registrar of Titles or land registry as appropriate;
-- omit the ability to set up a Commission of Inquiry;
-- define chief executive and omit definitions no longer required or
necessary (Acts Interpretation Act 1954);
-- complement amendments to the Miners Homestead Leases Act
1913, so that reference to a section of that Act, which by the
amendments of this Bill will no longer exist, is omitted;
-- provide for all leases containing a freeholding purchase
arrangement to be subject to the payment of the prescribed deed fees
and assurance fees under the Real Property Act 1861 as part of the
purchase arrangements, thus ensuring that a deed of grant issues;
-- substitute "the business of primary production" with "farming"
(as a consequence of the Lands Legislation Amendment Act 1991);
-- omit the existing delegation section and substitutes new
delegation clauses in modern drafting style.
PROPERTY LAW ACT 1974
Amendments that:
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-- omit references to the deputy registrars;
-- allow for the substitution of "the office of the Registrar of Titles"
with "the land registry" or words to a similar effect;
-- omit definitions or provisions no longer required or necessary;
-- substitute a reference to the Registrar of Dealings with a reference
to the Registrar of Titles or land registry as appropriate;
-- omit or amend provisions relating to locations for registration of
documents, as these locations will now be found in Regulations;
-- include new definitions for the Real Property Acts and Registrar
which omit references to Acts to be repealed in this Bill.
QUEENSLAND PLACE NAMES ACT 1988
Amendments that:
-- omit definitions and sections no longer required or necessary
(Acts Interpretation Act 1954) and include a definition of chief
executive;
-- substitute references to the Surveyor-General with references to
the chief executive;
-- omit the existing delegation section and substitutes a new
delegation clause which allows the chief executive to delegate powers
under the Act.
REAL PROPERTY ACT 1861
Amendments that:
-- omit definitions no longer required or necessary (Acts
Interpretation Act 1954) and include a definition of chief executive;
-- substitute a reference to the Registrar-General with a reference to
the Registrar of Titles or land registry as appropriate, and any
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consequential amendments;
-- allow for the substitution of "the office of the Registrar of Titles"
with "the land registry" or words to a similar effect;
-- re-draft the Regulations provisions in modern drafting style,
taking into account the land registry;
-- update penalties and convert dollar penalties to penalty units for
offences.
REAL PROPERTY ACT 1877
Amendments that:
-- substitute a reference to the Registrar-General with a reference to
the Registrar of Titles or land registry as appropriate;
-- allow for the substitution of "the office of the Registrar of Titles"
with "the land registry" or words to a similar effect.
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REAL PROPERTY ACTS AMENDMENT ACT 1952
Amendments that:
-- update the list of Acts with which the Act should be read as one,
by deleting the Acts which this Bill repeals;
-- omit the reference to where applications may be lodged. These
will now be prescribed.
REAL PROPERTY ACTS AMENDMENT ACT 1956
Amendments that:
-- omit the reference to where applications may be lodged. These
will now be prescribed.
RURAL LAND PROTECTION ACT 1985
Amendments that:
-- update penalties and convert dollar penalties to penalty units for
offences;
-- omit definitions no longer required or necessary (Acts
Interpretation Act 1954), and include an abbreviated manner of
referring to the "chief executive within the meaning of the Land Act
1962": that is, as the "chief executive (lands)";
-- omit the current delegation provisions and substitute clear English
delegation powers in modern drafting style. The delegation powers
remain essentially unchanged;
-- substitute the chief executive (lands) or the chief executive
(lands)'s nominee, for the Chief Commissioner of Lands, as an ex
officio member of the Rural Lands Protection Board.
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STATE HOUSING ACT 1945
Amendments that:
-- provide for an abbreviated manner of referring to the "chief
executive within the meaning of the Valuation of Land Act 1944": that
is, as the "chief executive (valuations)";
-- allow for the substitution of "chief executive (valuations)" or
"valuation under the Valuation of Land Act 1944" for Valuer-General
(as appropriate to the context);
-- substitute a reference to the Registrar of Dealings with a reference
to the Registrar of Titles or land registry as appropriate.
STATE HOUSING (FREEHOLDING OF LAND) ACT 1957
Amendments that:
-- allow for the substitution of "chief executive (valuations)" or
"valuation under the Valuation of Land Act 1944" for Valuer-General
(as appropriate to the context);
-- substitute a reference to the Registrar of Dealings with a reference
to the Registrar of Titles or land registry as appropriate.
SURVEY CO-ORDINATION ACT 1952
Amendments that:
-- allow for the substitution of chief executive for Surveyor-General
(or words that effect the same end);
-- include a definition of chief executive and omit definitions no
longed required or necessary (Acts Interpretation Act 1954);
-- substitute a reference to the office of the Registrar of Titles with a
reference to the land registry;
21
-- update a penalty for an offence;
-- allow for the chief executive to delegate the chief executive's
powers under the Act to an officer or employee of the department.
SURVEYORS ACT 1977
Amendments that:
-- omit references to the ex officio member of the Surveyors Board
and his nominee. The Surveyor-General is an ex officio member of the
Board and President. Alternatively, the Surveyor-General is able to
nominate a replacement surveyor to be a member of the Board and
President. When there is no longer a Surveyor-General there will
therefore no longer be an ex officio member of the Board or his
nominee;
-- allow for the substitution of chief executive for Surveyor-General
where appropriate (or words that effect the same end). Those instances
where it is not appropriate have been discussed in the main body of the
Explanatory Notes;
-- change the long title, in line with the amendments to the Act;
-- define chief executive and omit definitions and provisions no
longer required or necessary (Acts Interpretation Act 1954);
-- allow for the chief executive to delegate the chief executive's
powers under the Act, or under another Act with respect to surveys of
land, to an officer or employee of the department, and omit current
delegation provisions;
-- facilitate the possibility of a non-surveyor member of the Board;
-- allow for changes as a consequence of the Supreme Court of
Queensland Act 1991;
-- substitute a reference to the office of the Registrar of Titles with a
reference to the land registry;
-- omit references to the Registrar of Dealings;
-- update penalties and convert dollar penalties to penalty units for
offences;
22
-- re-write in modern drafting style sections of the Act setting out
the requirements for qualification as a surveyor, a surveying graduate
and a surveying associate, appointment to Committees, and other
miscellaneous sections. The sense of these sections has not been
changed;
-- allow for a reference in any Act or document to the
Surveyor-General, to be taken to be a reference to the chief executive.
TORRES STRAIT ISLANDER LAND ACT 1991
Amendments that:
-- allow for substitution of the Secretary of the Land Administration
Commission with the chief executive.
VALUATION OF LAND ACT 1944
Amendments that:
-- allow for the substitution of chief executive for Valuer-General
(or words that effect the same end);
-- renumber various sections in the Act for increased clarity, with
consequential amendments to references throughout;
-- replace outdated phraseology with clear English, particularly as
related to the renumbering;
-- allow for changes as a consequence of the Supreme Court of
Queensland Act 1991;
-- substitute "the business of primary production" with "farming"
(as a consequence of the Lands Legislation Amendment Act 1991);
-- substitute a reference to the land registration authority with a
reference to the land registry;
-- update penalties and convert dollar penalties to penalty units for
23
offences;
-- define chief executive and omit definitions no longer required or
necessary (Acts Interpretation Act 1954);
-- omit the existing delegation powers and allow for the chief
executive to delegate the chief executive's powers under the Act, or
under another Act with respect to valuations or categorisation of land,
to an officer or employee of the department.
VALUERS REGISTRATION ACT 1992
Amendments that:
-- update penalties for offences.
SCHEDULE 2
CONSEQUENTIAL AND MINOR AMENDMENTS
LANDS LEGISLATION AMENDMENT BILL 1992
EXPLANATORY NOTES
REPEALS
This schedule repeals Acts no longer relevant or necessary as the action
for which they were enacted has taken place; for example, the validation of
certain organisations or actions, or the amendment of various Acts.
SCHEDULE 3
24
CONSEQUENTIAL AND MINOR AMENDMENTS
LANDS LEGISLATION AMENDMENT BILL 1992
EXPLANATORY NOTES
CONSEQUENTIAL REPEALS
This schedule repeals Acts no longer required consequent upon the
inclusion in this Bill of the establishment of the Registrar of Titles in the
Real Property Act 1861, and upon the ability under this Bill for "local"
registries to be prescribed through the land registry provisions.
Thus it repeals:
· the Registrar of Titles Act 1884, and
· the Real Property Act (Local Registries) Act 1887.
© The State of Queensland 1992