« EelmineJätka »
Disposal of land acquired for tramways.
Selected land already surrendered to vest in Corporation.
may release cane-growers and their lands from liability under any mortgage.
Act to the contrary, such land shall not be deemed to be Crown land within the meaning of the Crown Lands Acts; but all such land shall pass to and vest in the Corporation, and may, from time to time, be sold, demised, or otherwise dealt with by the Treasurer in such manner as the Governor in Council may direct.
6. (1.) If, for the more beneficial use and enjoyment of any land acquired in pursuance of any such power as in the last preceding section is mentioned, any other land is acquired by the Crown or by the Treasurer on behalf of the Government, by transfer, surrender, or otherwise, for tramway, railway, drainage, or any other purposes, then, notwithstanding any Act to the contrary, such land shall not be deemed to be Crown land within the meaning of the Crown Lands Acts; but all such land shall pass to and vest in the Corporation, and may, from time to time, be sold, demised, or otherwise dealt with by the Treasurer in such manner as the Governor in Council may direct.
(2.) If in any case the interest so acquired in any land for tramway. railway, drainage, or any other purposes is acquired by any lease or other instrument in writing and is less than a freehold interest, then, notwithstanding any Act to the contrary, all powers, rights, and liabilities arising or implied by law in favour of or against the Crown or the Treasurer under such lease or instrument, or any condition, covenant, stipulation, or provision therein contained or by law implied, shall pass to and vest in and may be exercised and put in force by and against the Corporation, and the land comprised in such lease or instrument may, subject thereto, from time to time, be assigned, sub-let, surrendered, or otherwise dealt with by the Treasurer in such manner as the Governor in Council may direct and the parties to such lease or instrument may agree.
(3.) The provisions of "The Undue Subdivision of Land Prevention Act of 1885"* shall not apply to any land acquired or intended to be acquired under any such transfer, surrender, lease, or instrument as in this section is mentioned, or to any disposition thereof made by the Treasurer under the provisions of this section..
7. In any case where, prior to the passing of this Act, any selector or lessee of any land held under the Crown Lands Acts has surrendered, or agreed to surrender, to the Crown, his right, title, or interest in all or any portion of such land, to be used for tramway, railway, or other purposes in pursuance of any powers conferred upon the Treasurer under the Principal Acts, then, notwithstanding any Act to the contrary, such land shall not be deemed to have thereby become Crown land within the meaning of the Crown Lands Acts: but all such land shall be deemed to have passed to and to have become absolutely vested in fee-simple in the Corporation, as if the Corporation had been in existence at the time of such surrender, or agreement for surrender, and such surrender, or agreement for surrender, had been made to or entered into with the Corporation, and, notwithstanding any Act to the contrary, a deed of grant in the name of the Corporation may be issued therefor.
8. In any case where, on or in connection with any loan, advance, or guarantee made by the Treasurer, on behalf of the Government, to any Company under the Principal Acts, such Company has, for the purpose of securing the Consolidated Revenue against loss in respect of such loan, advance, or guarantee, caused to be executed, in the name of the Treasurer, any mortgage, charge, lien, security, or other assurance, over any land, the property of any persons other than such
*49 Vic. No. 15, title Real Property.
Company, to be used for the purpose of growing cane for keeping the sugar works of such Company fully employed, or over any other land or any chattels, the property of any persons other than such Company, then, notwithstanding that default may have been made by the Company in repayment of the amount, or any portion of the amount, of the principal or interest at any time due to the Treasurer in respect of such loan, advance, or guarantee, and notwithstanding that the Treasurer may have entered into possession of all or any of the land or chattels so mortgaged, charged, or otherwise made security for such repayment, the Treasurer may, with the approval of the Governor in Council, and upon such terms (if any) and subject to such conditions (if any) as the Governor in Council may direct, from time to time, release and discharge all or any of such other persons and all or any portion of such land or chattels so mortgaged, charged, or made security, from all liability under such mortgage, charge, lien, security, or other assurance.
No such release or discharge shall in any way affect the liability of the Company or of any other persons not expressly released or discharge, or operate to release or discharge any land or chatte's of such . Company or other persons so mortgaged, charged, or made security, and not expressly released and discharged, in respect of any such loan, advance, or guarantee, or any part thereof.
9. The proceeds arising from the sale, demise, or other disposal of Appropriation any land to which this Act applies, or from any proceedings instituted of proceeds. by the Corporation in pursuance of this Act, shall either be credited to the account or fund opened in the books of the Treasury in connection with the loan, advance, or guarantee in question, or, if the Governor in Council so directs, shall be paid into the Consolidated Revenue.
10. For the purpose of giving full effect to this Act, any land to Issue of title which this Act applies, which is not subject to "The Real Property Acts, in name of 1861 to 1887,"* may be brought under those Acts, and registered in the name of "The Treasurer of Queensland," and all such land which is subject to those Acts may be registered in the name of "The Treasurer of Queensland."
11. For the purpose of giving full effect to this Act, the Treasurer, Powers of on behalf of the Government, shall have power in his corporate name—
(i.) To enter into any contract or agreement with any Local
(ii.) To enter into all contracts or agreements and to execute
12. The provisions of this Act shall have retrospective operation for Retrospective the purpose of vesting in the Corporation any land already acquired operation. by the Crown or by the Treasurer on behalf of the Government, and any powers, rights, or liabilities arising under any lease or instrument in writing already entered into by the Treasurer, under the provisions of the Principal Acts, and of enabling the Treasurer to deal with any land to which this Act would have applied if it had been in operation when such land was acquired.
25 Vic. No. 14 and amending Acts, title Real Property.
THE SUGAR EXPERIMENT STATIONS ACT OF 1900.
64 Vic. No. 17. An Act to Provide for the Establishment and Control of Sugar Experiment Stations.
THE SUGAR EXPERIMENT STATIONS ACT OF 1900.
Powers and duties of Director.
[ASSENTED TO 14TH DECEMBER, 1900.]
E it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:
1. This Act may be cited as "The Sugar Experiment Stations Act of 1900."
2. In this Act, unless the context otherwise indicates, the following terms have the meanings set against them respectively, that is to sayMinister" The Secretary for Agriculture or other Minister of the Crown charged for the time being with the administration of this Act;
Sugar Works"-Any mill for the extraction of sugar-cane juice; "Sugar-cane received "-Sugar-cane delivered at a sugar
"Owner"-The owner, whether jointly or severally, of any sugar works, or the authorised agent of the owner, or the manager or person in charge of the works;
"Fund"-The Sugar Fund established under the provisions of this Act;
"Director" The Director of Sugar Experiment Stations appointed under the provisions of this Act.
3. The Minister may from time to time establish, maintain, and manage such and so many Sugar Experiment Stations as in his opinion are necessary, and may provide and equip the same with all buildings, laboratories, machinery, instruments, apparatus, and all other matters and things necessary or proper for conducting experiments in connection with sugar-cane and sugar and the by-products thereof, and for preventing the spread of disease in cane, and otherwise for promoting the well-being of the sugar industry.
4. The Governor in Council may from time to time appoint a Director of Sugar Experiment Stations, and may out of the Fund pay to such Director such salary and allowances as he thinks fit.
The Director may, with the consent of the Minister, from time to time appoint such inspectors and other officers as may be necessary for the effectual execution of the provisions of this Act, and may out of the Fund pay to such inspectors and officers such salaries and allowances as he thinks fit.
5. The Director shall have the general direction, care, and control of all such Sugar Experiment Stations.
The Director shall from time to time make or cause to be made such inquiries, researches, and investigations as are directed by the Governor in Council or the Minister, and also such other inquiries, researches, and investigations as he thinks fit in relation to any matters concerning the sugar industry.
6. There shall be established at the Treasury a Fund, to be called Sugar Fund. "The Sugar Fund," out of which shall be paid all expenses incurred by
the Governor in Council or the Minister or the Director in the execution
of this Act.
All assessments levied and other moneys received under the provisions of this Act shall be paid into the Fund.
7. The Minister may, in each year, make and levy an assessment Assessment. not exceeding one penny on every ton of sugar-cane received at a sugar works. Such assessment shall be paid to the Minister in the first instance by the owner of every sugar works upon the actual number of tons of sugar-cane received during the season with respect to which notice of assessment has been given as hereinafter provided.
But such assessment shall be paid and borne by the owner of the sugar works and the grower of the cane, respectively, in equal proportions of not exceeding one halfpenny for every ton of such sugar-cane so received.
Notice of such assessment shall be given to all owners of sugar works before the thirty-first day of May in each year, and such assessment shall be paid by them to the Minister on or before the thirty-first day of January following.
The amount of every such assessment shall be a debt due from the owner of the sugar works to the Minister, and may be recovered at the suit of the Minister or other person appointed by him in that behalf by action in any court of competent jurisdiction:
Provided that the owner of the sugar works shall be entitled to deduct from any moneys due by him to the grower of the cane the amount of such assessment payable by such grower, and such amount shall be and remain a charge upon such cane and the resulting sugar and by-products thereof, notwithstanding any change that may take place in the ownership of the same; or he may recover such amount from such grower by action in any court of competent jurisdiction.
8. For the purpose of enabling the Minister to ascertain the amount Returns. of the assessment payable by owners of sugar works, each such owner shall once in each year furnish to the Director a return of the weight of all sugar-cane received at the sugar works whereof he is owner, and the names and addresses of the respective growers thereof. Every such return shall be certified to be correct under the hand of the owner of the sugar works.
Any officer of the Government authorised by the Director in that behalf shall be permitted at all reasonable times to examine and test any weighbridge or other weighing instrument at any sugar-mill, and to inspect the books of every such owner relating to the receipt or purchase of sugar-cane for the purpose of verifying such returns, and to make any copy or take any extract therefrom.
No such return or copy or extract from such books shall be made public without the sanction of the Governor in Council.
9. In every year there shall be paid by the Treasurer into the Fund Endowment. from the Consolidated Revenue, which is hereby appropriated for the
purpose, a sum equal to the amount of assessments levied in such year:
Director to report annually.
Sugar Experiment Stations. 64 Vic. No. 17, 1900.
Provided that until the payment into the Fund of the first annual assessment to be levied under the provisions of this Act the Governor may, by warrant under his hand, authorise the Treasurer to pay into the Fund out of the Consolidated Revenue on account of the endowment to be payable under the foregoing provisions a sum sufficient for defraying the necessary expenses incurred in the execution of this Act, and credit shall be given to the Treasurer for any sum so advanced.
10. In every year the Director shall furnish a report to the Minister upon the Sugar Experiment Stations under his control, and the administration of the Fund, and generally upon the condition of the sugar industry in Queensland.
Every such Report shall be laid before both Houses of Parliament.
11. The Governor in Council may from time to time make regulations for the purpose of carrying into effect the provisions of this Act.
Such regulations may impose a penalty of not exceeding twenty pounds for any breach thereof, and all such penalties may be recovered in a summary way before any two justices.
All such regulations shall be published in the Gazette, and thereupon shall have the force of law. All such regulations shall also be published in one or more newspapers circulating in the districts in which an assessment is made.
All such regulations shall be laid before both Houses of Parliament not later than fourteen days after the publication thereof, if Parliament is then in session, or, if not, then not later than fourteen days after the next session of Parliament.
If either House of Parliament within the next subsequent forty days resolves that any such regulations ought to be annulled in whole or in part, such regulations or part thereof shall, after the date of such resolution, be of no effect, without prejudice to the validity of anything done in the meantime under the provisions of such regulations.
See LANDLORD AND TENANT.
SUPPLY OF WATER.
See WATER SUPPLY.