Queensland Consolidated Acts Queensland Consolidated Acts(1) As soon as practicable after the passing of this Act, the Governor in Council shall, subject to subsection (4), grant--
(a) to Council of the Shire of Aurukun, incorporated by section 4(2),5 a lease of the whole of the land comprising the Shire of Aurukun declared by section 6; and
(b) to Council of the Shire of Mornington, incorporated by section 4(2), a lease of the whole of the land comprising the Shire of Mornington declared by section 7.
(2) The land to which such a grant relates together with improvements included in the grant is in this Act referred to as the demised land.
(3) A grant pursuant to subsection (1)--
(a) shall be made under and in accordance with this Act by way of a lease for the objects and purposes of this Act; and
(b) shall be subject to the conditions and reservations set out in schedule 1; and
(c) shall be construed in accordance with this Act; and
(d) save as is prescribed by subsection (9), shall not be one to which the Land Act 1994 applies.
(4) When making a grant pursuant to subsection (1) the Governor in Council may reserve to the Crown--
(a) in the case of the grant to Council of the Shire of Aurukun--the right to reserve and set apart for 1 or more of prescribed public purposes, whether specified or not--
(i) parts of the demised land being the shaded areas shown on the plan contained in schedule 2; and
(ii) parts of the demised land in or adjacent to the existing township in the shire being of an aggregate area of 4ha approximately;
without specifying, in relation to the parts referred to in subparagraph (ii), in the grant or in the instrument of lease evidencing the same the parts of the demised land affected by the reservation;
(b) in the case of the grant to Council of the Shire of Mornington--the right to reserve and set apart for 1 or more of prescribed public purposes, whether specified or not--
(i) parts of the demised land being the shaded areas shown on the plan contained in schedule 3; and
(ii) parts of the demised land in or adjacent to the existing township in the shire being of an aggregate area of 4ha approximately;
without specifying, in relation to the parts referred to in subparagraph (ii), in the grant or in the instrument of lease evidencing the same the parts of the demised land affected by the reservation;
(c) in the case of each grant--the right to reserve and set apart for public purposes, whether specified or not, any part or parts of the demised land of an area to be specified but not exceeding 500ha in the case of the grant to Council of the Shire of Aurukun and 100ha in the case of the grant to Council of the Shire of Mornington, without specifying in the grant or in the instrument of lease evidencing the same the part or parts of the demised land affected by the reservation.
(5) For the purposes of subsection (4)(a) and (b) a prescribed public purpose is 1 of the following purposes--
(a) departmental and official purposes;
(b) educational institutions or education purposes;
(c) health purposes or hospitals;
(d) police purposes.
(6) The reservation and setting apart of land pursuant to the right reserved under subsection (4) shall be effected by the Governor in Council by regulation and the Land Act 1994, chapter 3, part 1 applies to the reservation and setting apart as if the land were unallocated State land and the reservation and setting apart were authorised by that part of that Act.
(7) On the day the regulation commences--
(a) the land so reserved and set apart shall thereby be excised from the demised land, shall be taken to have been reserved and set apart for the public purpose specified by the regulation and may be dealt with under the Land Act 1994, chapter 3, part 1;
(b) the registrar of titles shall make all necessary entries and endorsements in and on the registers of dealings affecting land under the Land Act 1994 and the relevant instrument of lease to evidence the excision of the land so reserved and set apart from the demised land.
(8) Compensation in respect of the excision of land from the demised land pursuant to the right reserved under subsection (4) shall be limited to the value of any improvements on the land so excised that are not the property of the Crown.
(9) The provisions of the Land Act 1994 that provide for registration of grants made pursuant to that Act and of instruments of lease evidencing such grants and of other instruments affecting the same apply to a grant made pursuant to subsection (1) and to an instrument of lease evidencing the grant and any other instrument affecting the same.
(10) The Governor in Council may grant a further lease to the Council of the Shire of Aurukun or the Council of the Shire of Mornington for such term and upon such conditions and reservations as the Governor in Council thinks fit if the Governor in Council is satisfied--
(a) that the terms and conditions of the lease granted to the council concerned pursuant to subsection (1) have been satisfactorily complied with; and
(b) that it is desirable in the light of all the circumstances existing at that time that a further lease should be granted.