While some of the research is lengthy material, it does provide an overview as to why lands were sometimes leased, purchased, or set areas were determined as Agricultural Reserves.
The Governor at the time Gov Bowen, was kept busy with all the paperwork required for the new State.
In fact the terms and conditions of the Government Bill in relation to the purchase of land under auction has not changed!
TO PROVIDE FOR THE ALIENATION OF CROWN LANDS.
WHEREAS it is expedient to make better provision for the sale and other alienation of the waste lands of the Crown within the colony of Queensland be it therefore 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.
Repeal of Orders In Council and Regulations.
1. From and after the commencement of this act the Acts of Council of New South Wales 11 Victoria number 61 and 16 Victoria number 29 as well as so much of her Majesty's Orders in Council and so much of the regulations made their under and now in force as may be repugnant to or inconsistent with the provisions of this act shall be and the same are hereby repealed. Provided that nothing herein contained shall affect any-thing lawfully done or commenced or contracted to be done thereunder respectively.
Governor authorised to convey lands.
2. Under and subject to the provisions of this Act and of such regulations as may hereafter be established in accordance with this Act the Governor with the advice of the Executive Council is hereby authorised in the name and on behalf of her Majesty to convey and alienate in fee simple or for a less estate or interest any waste lands of the Crown within the said colony which conveyances or alterations shall be made in such forms as shall from time to time be deemed expedient by the Governor with the advice aforesaid and being so made shall be valid and effectual in the law to transfer and vest in possession such lands as aforesaid for such estate or interest as shall be granted by any such conveyance as aforesaid.
Proclamation of town and other reserves.
3. It shall be lawful for the Governor with the advice of the Executive Council by proclamation in the Gazette to declare what portions of Crown lands shall be set apart as sites of new cities towns or villages and also to declare what lands shall be reserved from sale for any public purpose. Provided that the Governor with the advice aforesaid may by proclamation in the Gazette rescind either in whole or in part any such proclamation as aforesaid in all cases in which sale of town lots shall not have taken place pursuant thereto.
_ Grants for Public Purposes.
4. It shall be lawful for the Governor with the advice aforesaid to grant or other-wise dispose of for such public purposes as are specified in clause 16 of the Unoccupied Crown Lands Occupation Act or for such other purposes as may from time to time be previously sanctioned by the Legislature any Waste Lands of tho Crown in the said colony.
No Land shall be sold for less than £1 per acre.
5. The price of land to be sold under this Act shall in no case be less than £1 per acre and the conveyance and alienation of such lands shall not be completed until the same shall have been surveyed and delineated in the public maps in the office of the Surveyor-General.
After Survey.-Land to be sold by Auction.
6. -Except as herein otherwise provided all Waste Lands of the Crown in the said colony before being so alienated or conveyed as aforesaid shall be offered for sale by public auction and all particulars of such auction shall be fully notified by Proclamation under the hand of the Governor in the Queensland Government Gazette not less than one month nor more than three months before the day of holding such auction.
Lands offered for Sale to be distinguished into
Classes and Lots.
7. All lands offered for sale by auction shall be distinguished into town suburban and country lots and the town lots shall comprise all lands situate within the actual boundaries of towns and the suburban lots shall comprise all lands situate within five miles from the nearest boundary of any town unless the Governor with the advice aforesaid shall see fit to exclude any such last mentioned lands from the class of suburban lots on the ground that they will not in his judgment derive any increased value from their vicinity to any such town and the country lots shall comprise all other lands and the Governor may from time to time fix the upset price of any lot or lots at any sum exceeding the lowest upset price of waste lands within the said colony.
Unsold Country Lots may he Sold by Private
8. Any country lots may be sold by private contract if the same shall first have been put up to public auction in manner aforesaid and shall not-have been sold at such auction provided that nothing herein contained shall prevent any such land as last aforesaid from being withdrawn from sale by private contract and again offered for sale by public auction in tho same manner as other country lot not previously offered for sale.
Purchase money when to be paid.
9. No waste lands of the Crown within the said colony shall be sold by such private contract as aforesaid except for ready money and no lands shall be sold at any such public auction as aforesaid unless on condition of paying at the time of sale in ready money a deposit the amount of which shall be fixed by any proclamation as aforesaid at not less than one tenth of the whole price and of paying tho residue of such price within one calendar month from tho time of such sale by auction and if the purchaser shall fail to pay such residue of the price within one calendar month the deposit will be forfeited and the sale of the said lands shall be null and void.
Agricultural Reserves.-Fixed Price of £1,
10. It shall be lawful for the Governor with the advice of the Executive Council by Proclamation from time to time to define and set apart for agricultural occupation in any district of the Colony such an extent of land as may in his judgment appear sufficient and likewise from time to time to cancel and annul such proclamation in whole or in part and the land so defined and set apart shall be called an Agricultural Reserve and shall not be submitted to public auction but shall be sold at the fixed price of twenty shillings per acre subject to tho provisions hereinafter contained in that behalf.
Method of Obtaining Farm in Agricultural Reserve.
11. Any person who may be desirous of occupying land within an agricultural reserve shall in the first instance point out to the District Surveyor or other person duly authorised in that behalf the farm or portion of land which he may select to occupy and shall pay in advance twenty shillings for every acre that such farm may be estimated to contain and if within six months he shall have occupied and commenced to improve or cultivate the same then such farm shall be surveyed and if the number of acres contained in such farm shall prove to be less that was originally estimated thou the purchase money paid in excess shall be rounded to such occupier and if the number of area shall prove to be less, than was originally defined additional money shall be made good by such occupier and a deed of grant of the land shall be issued
But if at the termination of such six months as aforesaid the farm applied for shall not have been occupied and improvements shall not have been made thereon then the purchase money less ten per cent shall be returned to the applicant and the land shall be again open to selection.
Lease of Lands contiguous to Firms.
12. It shall be lawful fur the Governor with the advice aforesaid to lease to the occupant of a farm within an Agricultural reserve any portion of the unsold or unoccupied lands contiguous to such farm for a term not exceeding three years at a yearly rent of two shillings per acre such rent lo be paid in advance provided that the land so leased shall not exceed in extent three times the amount of purchased land comprised in such farm nor in any case exceed in extent 320 acres Provided also that before the termination of such lease the said lessee shall be entitled to purchase a part or the whole of the lands so leased to him if the same shall have been fenced in notwith-standing that another person may be an applicant for the purchase of the same.
Farms not to be less than 40 or more than 320 acres.
13. No farm to be sold within an agricultural reserve as herein before mentioned shall he less than forty acres in extent and no per-son shall become the purchaser of more than 320 acres in all within.the same reserve.
14. All the unenclosed lands within such agricultural reserve as aforesaid shall be subject to such rights of commonage as may be secured to the purchasers of land within such reserve and to the residents in any adjacent township and determined by regulations to be hereafter made in that behalf.
Sale in consideration of Improvements.
15. Upon application made within twelve months after the passing of this Act by any person who may prior thereto have made improvements upon lands comprised within the boundaries of any city town or village or upon application within 12 months after the proclamation in the Government Gazette of any new city town or village reserve with-in which improvements may be situated it shall be lawful for the Governor with the advice aforesaid to sell the allotment containing such improvements to the owner of such improvements without competition at its fair value in an unimproved state not being less than the minimum upset price of such lands.
Closing and Alienation of unnecessary Roads.
16. Whenever the owner or owners of any lands adjoining a road which has been re-served for access to such lands only and is not otherwise required for public use shall make application for the closing of such road it shall be lawful for the Governor with the advice aforesaid to notify in the Government Gazette that such road will be closed and after the expiration of two months from such notice a grant or grants of the road so closed may be issued to the owner or owners of the adjoining lands in fair proportion or in accordance with agreement among such owners provided that the fair value of such road as estimated by the Surveyor-General be paid for the same.
Sale without competition in special cases.
17. In cases in which there may be no convenient way of access to any portion of Crown Land or in which any portion may be insufficient in area for public sale or in which a portion of Crown Land may lie between land already granted and a street or road which forms or should form the way of approach to such granted land or in which buildings erected on lands already granted may have extended over Crown Lands or in any other cases of a like kind the Governor may with the advice aforesaid sell and grant such lands to the holder or holders of adjacent lands without competition and at a price to be determined by the Surveyor-General.
Remission of Purchase Money to Officers.
18. Nothing in this Act contained shall be held to alter or discontinue such regulations made under the authority of Her Majesty and now in force in the Australian colonies as provide under certain conditions for the remission of purchase money to officers of the British Army and Navy who may become purchasers of land in the colony of Queensland.
Land Orders may be given to certain Officers
Soldiers and Sailors.
19. It shall be lawful for the Governor with the advice aforesaid to extend to any such Officer of the British Army and Navy having served seven years and upwards as may not be entitled to a remission of purchase money under the Imperial regulations last herein before mentioned and to any British soldier or sailor who has been discharged with a certificate of good conduct the benefit of a remission of purchase money in accordance with such regulations to the amount of £100 Provided that such soldiers and sailors shall be bound under conditions to be agreed upon between the Governor and the Secretary of State for War to serve when called upon for the defence of the colony.
Land Orders may be given to Immigrants.
20. It shall be lawful for tho Governor with the advice of the Executive Council to issue to any adult immigrant who shall have come direct from Europe to the colony of Queensland but not at the expense of the said colony or to the person who shall have paid for the passage of such immigrant a land order for the amount of £15 and after such immigrant shall have resided not less than two years continuously within tho said colony and if not previously a British subject shall have been naturalised then to issue to such immigrant a further land order for the amount of £15 Provided that two children under the age of 14 shall be reckoned as one statute adult under this Act.
Premium for Growing Cotton.
21. In order to encourage the growth of Cotton within the said colony it shall be lawful for the Governor with the advice afore-said to issue by way of premium to any person who shall be proved to have produced not less than five bales of cleared cotton of the weight of three hundred pounds to each bale a Land Order for not more than £10 on account of every bale so produced provided that such premium shall in no case exceed in amount £200 and that no person shall be capable of receiving such premium in more than one instance Provided also that whom ever it shall appear desirable that such premiums should no longer be given it shall be lawful for the Governor with the advice aforesaid after six months' notice in the Government Gazette to discontinue to give the same.
Governor may make Regulations.
22. It shall be lawful for the Governor with the advice aforesaid from time to time to make or alter in accordance with the provisions of this Act such Regulations as may be necessary to give offset to the same and such Regulations shall he published in the Government Gazette and when so published shall have the force of law and a copy of the same shall be laid before the Parliament within fourteen days after the publication thereof or if the Parliament be not then sitting then within fourteen days after its next meeting for the despatch of business.