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Lands Legislation Amendment Bill
LANDS LEGISLATION AMENDMENT
BILL 1993
EXPLANATORY NOTE
GENERAL OUTLINE
Objective of the Legislation
The objective of this Bill is to provide for more efficient procedures for
matters in the Land Act 1962, the Special Freeholding of Leases Act 1991
and the Valuation of Land Act 1944, with particular emphasis on the
machinery associated with the implementation of the valuation basis for
rental purposes from 1 July, 1993.
Reasons for the Bill
Since the amendments to the Land Act 1962 and the Valuation of Land
Act 1944 by the Lands Legislation Amendment Act 1991, a number of
sections of each of the above Acts remained inconsistent with the general
thrust for a common administrative date of 1 July each year and the use of
the unimproved valuation provided for by the Valuation of Land Act 1944
as a base for rental purposes. The purpose of the amendment is to rectify
these inconsistencies.
The amendments also provide for a right of appeal on categorisation of a
lease for rental purposes and allow for an adjustment of the rent below the
concessional rate for certain grazing and agricultural leases where the rise in
rent is substantial in the transition to the percentage of unimproved capital
value base for rents.
Other miscellaneous amendments have been introduced for the more
efficient and consistent operation of the Acts.
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Lands Legislation Amendment Bill
Estimated Cost for Government Implementation
If a total uptake of concession occurs, a 50% reduction in the rent for
certain agricultural and grazing leases (about 59) will amount to about $12
700 in the first year.
Consultation
All other relevant Departments have been consulted. The Litigation
Reform Commission was briefed by the Office of the Cabinet on the
proposed appeal rights on the category of lease.
Notes on Provisions
PART 1--PRELIMINARY
Clause 1 sets out the short title of the Bill.
Clause 2 provides for the commencement of the provisions of the
Amending Act.
Clause 3 identifies Schedule 1 which contains consequential and minor
amendments to a number of Acts.
Clause 4 identifies Schedule 2 which repeals redundant Acts.
PART 2--AMENDMENT OF LAND ACT 1962
Clause 5 cites the principal Act which is amended by this Act.
Clause 6 amends section 5 (Interpretation of Terms) by providing a
meaning for a "mining interest under the Mineral Resources Act 1989 and
the Petroleum Act 1923".
Clause 7 replaces section 6(7) (Grants and Leases) and now includes
"mining interests" in lieu of "mining leases" in the section.
Clause 8 replaces section 19 (Administration of the Act) to provide for
delegation of the Minister's powers under this Act and another Act
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Lands Legislation Amendment Bill
administered by the Minister. It also provides for the Minister to delegate
powers connected with the public business of the State under another Act or
otherwise, which is not administered by the Minister. It rewords the
existing delegation power of the chief executive of the department.
Clause 9 amends the machinery to apply to an application for a new
occupation licence for the rental period to be from 1 July each year to 30
June of the subsequent year. It also renumbers some subsections.
Clause 10 amends the rental period of occupation licences to be from 1
July each year to 30 June of the subsequent year. It also provides in the
transition for an extension of the current rent to apply for half a year to
change the period.
Clause 11 amends section 140 (Dealing with application for conversion
of grazing homestead perpetual leases) by adding a subsection 5AA to
ensure agreements, with regard to commercial species of timber and/or
conservation, may transfer with the title.
Clause 12 inserts a new section 178A to provide for an alternative
hardship measure for an existing auction purchase freehold lease which is
used for agricultural purposes. The section applies to a lease which qualifies
for deferral of rent in section 248A. In lieu of deferral, the lessee may apply
to extend the term of the lease. Upon consideration of the information in
the application, the Minister may approve the extension showing the new
term and the new annual instalment.
Clause 13 amends section 191 (Application to freehold non-competitive
leases) by adding a subsection 5A to ensure agreements, with regard to
commercial species of timber and/or conservation, may transfer with the
title.
Clause 14 amends section 207B (Dealing with an application to freehold
special leases) by adding a subsection 5A to ensure agreements, with regard
to commercial species of timber and/or conservation, may transfer with the
title.
Clause 15 introduces a new section providing for objections and appeals
to the categorisation that the chief executive applies for rent for a pastoral
holding, a grazing homestead perpetual lease, a special lease or a non-
competitive lease. The new section provides in relation to categorisation:-
· the machinery for lodging an objection to the chief executive's
decision;
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Lands Legislation Amendment Bill
· the requirements of the chief executive to make a decision;
· the machinery for an appeal to the Land Court upon the chief
executive's decision;
· the power to alter the rent if the category is altered in the objection
or appeal process;
· that the rent is still payable on the due date notwithstanding the
lodgement of an appeal;
· that any excess rent charged, if the rent is changed due to an
objection or an appeal decision, is to be credited to the lessee
together with interest at the prescribed rate; and
· that a lessee may object or appeal to the Land Court upon the
chief executive's decision upon the categorisation on an annual
rental notice already received, within 28 days from the
commencement of this section.
A further section provides for the machinery for an objection and appeal
to a categorisation for rental purpose if a category is amended as a result of
a change of purpose of a special lease by agreement under section 14(1).
Clause 16 widens the definition of critical area in relation to tree clearing
to include all protected areas and proposals for protected areas under Part 4
of the Nature Conservation Act 1992.
It also provides that any stands of commercial species must be identified
in a tree management plan in lieu of only those species prescribed in the
Regulations.
It deletes a redundant reference to a protected area under the Nature
Conservation Act 1992 as this is already included in the meaning of a
critical area.
A further machinery amendment is made which recognises it may in
some case be necessary to clear prescribed trees in routine management
clearing. It also provides for the requirement for a lessee to give notice to
the chief executive of the proposal to clear prescribed trees, to allow an
objection or to impose conditions.
Clause 17 replaces section 333. It allows a lessee to surrender a lease at
an approved day and provides that the rent is payable to that day and any
amount of rent for a period starting after that day may be refunded.
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Lands Legislation Amendment Bill
Clause 18 provides that the Minister may refuse an application for road
closure, without investigation and advertisement, if in the Minister's opinion
the application:
· is frivolous and vexatious; or
· is not a necessary part of a substantial development; or
· does not appear to be of real economic benefit to the State; or
· does not appear to be of any particular benefit to the local
community.
Clause 19 amends the rental periods of road licences to be from 1 July
each year to 30 June of the subsequent year. It also provides in the
transition for an extension of the current rent to apply for half a year to
change the period.
Clause 20 inserts a new section which may allow adjustment of rent in
certain cases for leases which are in existence on 1 July, 1993. The leases
are characterised by:
· being a grazing and broadacre agriculture category; and
· being subject to a concessional valuation for rating purposes in
the year ending 30 June, 1993; and
· being subject to a substantial rise in rental in the year starting 1
July, 1993 compared to the prior rent.
The adjustment that may apply to an eligible lease is:
· a reduction of the increase in rent by 50% from 1 July, 1993.
· a reduction of the increase in rent by 25% from 1 July, 1994.
· no reduction from 1 July, 1995.
The clause also provides that, if an adjustment has been approved, any
excess rent already paid may be credited to the lessee together with interest
at the prescribed rate.
PART 4--AMENDMENT OF THE VALUATION OF
LAND ACT 1944
Clause 21 cites the principal Act which is amended by this Act.
Clause 22 deletes a redundant Part of the Act.
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Lands Legislation Amendment Bill
Clause 23 allows the valuation for rental purpose to be altered if the
purpose of a lease, licence or permit has changed, the conditions have
changed or the area has changed. It also allows the alteration to be made
from the date that the change occurred. It also allows for an objection and
an appeal on a valuation which is altered for the reasons specified in this
clause. The advice of a change of rent under this section is regarded as a
rent notice in section 16G(3). It also inserts a new heading and renumbers
sections.
Clause 24 provides for a valuation for rental purposes for the whole of a
lease in cases where the valuation for other purposes may be for separate
parts of the lease.
Clause 25 removes the requirement to make valuations for rental
purposes available for inspection. This is not necessary as this type of
valuation is notified on a rent notice.
Clause 26 removes the requirement to display valuations for rental
purposes. This is not necessary as this type of valuation is notified on a rent
notice.
Clause 27 deletes a redundant reference to a district valuer. It also
provides for an objection and appeal upon a valuation for rental purposes if
it is altered in terms of section 13(2)(l).
A further provision excludes the right of objection to a valuation for
rental purposes in those cases where the rent does not exceed the prescribed
amount (minimum rent) in the Land Act 1962.
Clause 28 omits the redundant Schedule 4.
SCHEDULE 1
CONSEQUENTIAL AND MINOR AMENDMENTS
CEMETERY ACT 1965
Items 1 and 2 replace redundant references.
LAND ACT 1962
Item 1 gives a meaning for "State Land".
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Lands Legislation Amendment Bill
Item 2 redrafts more clearly a qualification to section 14(2) dealing with
the addition or amendment of lease conditions.
Item 3 provides for a special lease purchase freehold lease to commence
at a later time than usual, if some other actions delay the dealing. eg.
including a closed road.
Item 4 deletes a subsection which is more appropriately included in
section 249 which deals with penalty for late payment of rent.
Item 5 widens the discretion in section 249 for waiver of penalty for late
payment of rent in certain circumstances.
Items 6 to 19 omit a redundant reference and provide for sections 372,
373 and 373A to apply also to land granted in trust.
Item 20 omits the requirement for Rules of Court to be made by Order in
Council.
Item 21 omits a redundant transitional savings section but maintains a
transitional savings clause for a National Park.
SPECIAL FREEHOLDING OF LEASES ACT 1991
Items 1 to 10 correct references and delete the sunset date for certain
residential leases in certain mining or former mining cities and towns to
apply for freehold under the same terms and conditions as leases under the
Miners' Homestead Leases Act 1913.
VALUATION OF LAND ACT 1944
Item 1 deletes a redundant section.
Item 2 deletes redundant definitions.
Item 3 replaces outdated references and updates definitions.
Item 4 corrects a reference.
Item 5 deletes a redundant requirement.
Item 6 deletes an unnecessary section.
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Lands Legislation Amendment Bill
Item 7 provides updated meanings of "owner", "subdivide" and
"Queensland Housing Commission as owner".
Items 8 and 9 delete a redundant requirement and clarify penalty.
Items 10 and 11 redraft subsections more clearly.
Items 12 to 16 update references and terminology.
Item 17 provides that the provisions regarding the valuation of
subdivided land (section 11D) and the provision relating to an existing non-
conforming use (section 12(1A)) do not apply to a valuation for rental
purposes.
Items 18 to 20 renumber subsections and change references and
headings.
Item 21 redrafts a section to allow the reference to minerals to mean a
mineral as given by the Mineral Resources Act 1989.
Items 22 to 31 renumber subsections and change references and
headings.
Items 32 to 41 delete redundant transitional subsections and renumbers
and redrafts subsections.
Items 41 to 45 update references to leases under the Mineral Resources
Act 1989.
Items 46 to 58 renumber subsections, update references and relocate
meanings.
Items 59 to 81 change headings and references and renumber
subsections.
Items 82 to 88 make minor consequential amendments to various
sections and delete subsections relating to redundant transitional
subsections.
Item 89 updates terminology.
Item 90 deletes an unnecessary requirement of the recording of an
occupation in the valuation roll.
Items 91 to 212 make minor drafting refinements, delete redundant
terminology, clarify headings, change references and renumber subsections.
Item 213 redrafts section 47 dealing with Regulations and provides, in
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Lands Legislation Amendment Bill
the first reprint in accordance with section 43 of the Reprints Act 1992, for
renumbering of sections of the Act.
SCHEDULE 2
REPEALS
This schedule repeals the following redundant transitional Acts:
Valuation of Land (Annual Adjustment) Act 1984
Valuation of Land Act and Other Acts Amendment Act 1985
© The State of Queensland 1993