Agency Details

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Agency ID10987
TitleLand Commissioner's Court, Mackay
Agency TypeRegional or District Office
Start Date 10/12/1874
End Date 31/12/1991
Date NotesN/A
Abstract

Administered sales, selections and leases of Crown land

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Series

Series IDTitleFromTo
18490Registers of Applications to Select 17/11/1913 22/11/1990
18491Minute Book 12/3/1957 13/5/1975
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Controlling Agencies

Agency IDTitleFromTo
18Lands Department 3/10/1874 1/3/1885
228Land Board 1/3/1885 1/3/1898
150Land Court 1/3/1898 31/12/1991
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Controlled Agencies

Details of controlled agencies do not exist or are unavailable.
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Previous Agencies

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Subsequent Agencies

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Related Agencies

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Finding Aids

This agency has no finding aids.
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Publication Notes
This agency has no publication notes.
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Remarks

Information Sources

Crown Lands Alienation Act 1868
Queensland Government Gazette, 1874, Vol XV, No 129, p 1913
Queensland Government Gazette, 1874, Vol XV, No 136, p 2042
Crown Lands Alienation Act 1876
Land Act 1897
Lands Acts Amendment Act 1905, S 37
Land Act 1910
Lands Legislation Amendment Act 1991, s 5
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Legislation

Establishing Crown Lands Alienation Act 1868
Abolishing Lands Legislation Amendment Act 1991, s 5
Administered Crown Lands Alienation Act 1868
Crown Lands Alienation Act 1876
Land Act 1897, s 51
Lands Acts Amendment Act 1905, S 37
Land Act 1910
Land Act 1962
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Description
On 3 October 1874, the Police Magistrate at Mackay was appointed to act as Land Commissioner for that district under the "Crown Lands Alienation Act of 1868". Each Land Commissioner was to sit at the Land Office of his district at certain stated times, which were to be determined by the Governor in Council. All questions were to be decided by the Commissioner who gave his decision in open court. The first court sitting in Mackay was held on the second Thursday of December 1874 and subsequent sittings were to be held on the second Thursday of every alternate month.

Under the "Crown Lands Alienation Act of 1876" the Land Commissioner was to hold an open court once in each month, on a day of which notice was to be given in the Government Gazette. The Act took effect from 1 March 1877.

The Land Commissioner's Court had jurisdiction over the following matters:
- Applications for Selections and for certain types of Crown Licences (licence to cut timber, remove gravel, etc.)
- Forfeitures: determination if a Selection or a Perpetual Leasehold was liable to forfeiture
- Certificate of performance of conditions: decision whether the conditions had been performed and if so, issue of a certificate to that effect.

Under the "Land Act of 1897", Section 51, and later Section 16 of the Lands Act 1910, the powers and duties of the Land Commissioner were further specified and the holding of an open court once a month confirmed.

The Land Commissioner was appointed by the Governor in Council with jurisdiction over a particular district. A Land Commissioner was under a statutory duty to hold a Land Commissioner's Court at least once a month. The procedures and powers resemble those of the Courts of Petty Sessions.

Under the "Lands Legislation Amendment Act 1991", all Land Agents and Land Agents Districts were rescinded and replaced with District Land Offices and appointed officers of the Land Department [Part 2, 4(1) and 4(2)]. The position of Land Commissioner and therefore the Land Commissioner's Court was also abolished.
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Preferred Citation

Queensland State Archives Agency ID10987, Land Commissioner's Court, Mackay
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Last updated 9 September 2016
Creative Commons Attribution 3.0 Australia (CC BY 3.0) ( http://creativecommons.org/licenses/by/3.0/au/ )
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