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Queensland
NATURAL RESOURCES AND
OTHER LEGISLATION
AMENDMENT BILL 1997
Queensland
NATURAL RESOURCES AND OTHER
LEGISLATION AMENDMENT BILL 1997
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
PART 2--AMENDMENT OF ACQUISITION OF LAND ACT 1967
3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
4 Amendment of s 42 (Regulations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
PART 3--AMENDMENT OF BODY CORPORATE AND
COMMUNITY MANAGEMENT ACT 1997
5 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
6 Amendment of s 18 (Meaning of "lease-back scheme" and
"lease-back scheme operator") . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
7 Amendment of s 22 (Meaning of "regulation module") . . . . . . . . . . . . . . . . 13
8 Amendment of s 40 (Creating common property by subdivision
(no new scheme)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
9 Amendment of s 41 (Creating common property from scheme
land (new scheme)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
10 Amendment of s 51 (New statements and subsequent plans of
subdivision) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
11 Amendment of s 55 (Body corporate to consent to recording of
new statement) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
12 Amendment of s 91 (Composition and election of committee) . . . . . . . . . . 15
13 Insertion of new s 101A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
101A Voting other than at general meeting . . . . . . . . . . . . . . . . . . . . . . . . . 16
14 Amendment of s 107 (Regulation module) . . . . . . . . . . . . . . . . . . . . . . . . . . 16
2
Natural Resources and Other Legislation
Amendment
15 Amendment of s 112 (Review of remuneration under engagement
of service contractor) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
16 Amendment of s 113 (Financial management arrangements) . . . . . . . . . . . 17
17 Amendment of s 169 (Cancellation for not complying with basic
requirements) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
18 Amendment of s 170 (Statement to be given by seller to buyer) . . . . . . . . 17
19 Amendment of s 174 (Cancelling contract for inaccuracy of statement) . . 18
20 Amendment of s 176 (Restriction on powers of attorney in favour
of seller) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
21 Amendment of s 177 (Definitions for pt 3) . . . . . . . . . . . . . . . . . . . . . . . . . . 19
22 Replacement of div 1 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
PART 1--APPEALS
23 Amendment of s 250 (Definitions for div 1) . . . . . . . . . . . . . . . . . . . . . . . . . 19
24 Replacement of div 2 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
PART 2--OTHER MATTERS
25 Amendment of s 268 (Regulation-making power) . . . . . . . . . . . . . . . . . . . . 20
26 Amendment of s 283 (Community management statement) . . . . . . . . . . . . 20
27 Amendment of s 288 (Definitions for div 6) . . . . . . . . . . . . . . . . . . . . . . . . . 20
28 Amendment of s 290 (Body corporate contracts) . . . . . . . . . . . . . . . . . . . . . 20
PART 4--AMENDMENT OF CITY OF BRISBANE ACT 1924
29 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
30 Insertion of new s 39D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
39D Documents open to inspection not to contain information
about protected persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
PART 5--AMENDMENT OF FORESTRY ACT 1959
31 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
32 Amendment of s 18 (General powers of forest officers) . . . . . . . . . . . . . . . . 23
33 Insertion of new s 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
19 Retention of document produced to forest officer . . . . . . . . . . . . . . . 24
34 Amendment of s 82 (Powers for seized timber etc.) . . . . . . . . . . . . . . . . . . . 25
PART 6--AMENDMENT OF LAND ACT 1994
35 Act amended in pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
3
Natural Resources and Other Legislation
Amendment
36 Replacement of s 35 (Granting land in trust to be used for
community purpose) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
35 Use for community purposes of land granted in trust . . . . . . . . . . . . 26
37 Amendment of s 57 (Trustee leases) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
38 Amendment of s 83 (Exhumations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
39 Amendment of s 112 (Interests in land available by auction,
tender or ballot) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
40 Amendment of s 140 (Provisional value may be negotiated) . . . . . . . . . . . 27
41 Amendment of s 174 (Freeholded lease may not be transferred
without approval) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
42 Amendment of s 175 (Forest entitlement areas) . . . . . . . . . . . . . . . . . . . . . . 28
43 Amendment of s 185 (Development concessions) . . . . . . . . . . . . . . . . . . . . 29
44 Insertion of new s 194A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
194A Meaning of "instalment" for div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
45 Amendment of s 199 (Duty of care condition) . . . . . . . . . . . . . . . . . . . . . . . 30
46 Amendment of s 219 (Effect of resumption) . . . . . . . . . . . . . . . . . . . . . . . . . 30
47 Amendment of s 220 (Service of order in council) . . . . . . . . . . . . . . . . . . . . 30
48 Amendment of s 225 (Effect of resumption) . . . . . . . . . . . . . . . . . . . . . . . . . 30
49 Amendment of s 253 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
50 Amendment of s 263 (Chief executive may issue tree clearing permit) . . 31
51 Amendment of s 266 (Cancellation of tree clearing permit) . . . . . . . . . . . . 31
52 Amendment of s 307 (Borrowing lodged document before registration) . . . 32
53 Insertion of new s 334A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
334A Application to sub-subleases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
54 Amendment of s 358 (Changing deeds of grant) . . . . . . . . . . . . . . . . . . . . . . 32
55 Amendment of s 363 (Registration of easement) . . . . . . . . . . . . . . . . . . . . . 33
56 Amendment of s 368 (Same person becoming lessee, licensee or
permittee of benefited and burdened lands) . . . . . . . . . . . . . . . . . . . . . . . . . 33
57 Insertion of new s 369B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
369B Transfer of benefited land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
58 Amendment of s 421 (Notice of right of appeal to be given) . . . . . . . . . . . 34
59 Amendment of s 424 (Applying for review) . . . . . . . . . . . . . . . . . . . . . . . . . 34
60 Amendment of s 426 (Decision on reconsideration) . . . . . . . . . . . . . . . . . . . 34
4
Natural Resources and Other Legislation
Amendment
61 Amendment of s 428 (Procedure for an appeal to the Court) . . . . . . . . . . . 35
62 Amendment of s 434 (Meaning of "unimproved value") . . . . . . . . . . . . . . . 35
63 Amendment of s 449 (Existing reserves and purposes continue) . . . . . . . . . 35
64 Amendment of s 451 (Existing deeds of grant in trust and
purposes continue) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
65 Amendment of s 457 (Terms of pre-Wolfe freeholding leases) . . . . . . . . . . 36
66 Amendment of s 466 (Terms of grazing homestead freeholding leases) . . 36
67 Amendment of s 469 (Right to a grazing homestead freeholding lease) . . 36
68 Amendment of s 471 (Right to a post-Wolfe freeholding lease) . . . . . . . . . 37
69 Amendment of s 478 (Right to a post-Wolfe freeholding lease) . . . . . . . . . 37
70 Amendment of s 506 (Existing cemeteries continue) . . . . . . . . . . . . . . . . . . 37
71 Amendment of s 506A (Meaning of terms) . . . . . . . . . . . . . . . . . . . . . . . . . . 38
72 Amendment of s 506H (When fee-simple of lease may be acquired) . . . . 38
73 Amendment of s 506I (Fund) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
74 Omission of s 506J (Further advances) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
75 Amendment of s 506K (Construction of instruments) . . . . . . . . . . . . . . . . . . 39
76 Amendment of s 506M (Restricted application of 4 Eliz. II. No. 16) . . . . . 39
77 Amendment of s 506O (Accounts and annual report) . . . . . . . . . . . . . . . . . . 40
78 Amendment of s 506P (Application of Act to purchase leases) . . . . . . . . . 40
79 Amendment of sch 2 (Original decisions) . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
80 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
PART 7--AMENDMENT OF LAND TITLE ACT 1994
81 Act amended in pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
82 Omission of pt 6, div 4, sdiv A, hdg and insertion of new s 81A . . . . . . . . . 41
81A Definitions for div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
83 Amendment of s 82 (Creation of easement by registration) . . . . . . . . . . . . 41
84 Replacement of s 83 (Particulars to be registered) . . . . . . . . . . . . . . . . . . . 42
83 Registration of easement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
85 Insertion of new ss 85A85B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
85A Particulars to be registered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
85B Rights and liabilities created on registration of instrument . . . . . . . 43
5
Natural Resources and Other Legislation
Amendment
86 Replacement of s 89 (Easements for public utility providers) . . . . . . . . . . . 43
89 Easements for public utility providers . . . . . . . . . . . . . . . . . . . . . . . . 43
87 Omission of pt 6, div 4, sdiv B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
88 Amendment of s 129 (Further caveat) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
89 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
PART 8--AMENDMENT OF LOCAL GOVERNMENT ACT 1993
90 Act amended in pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
91 Insertion of new s 8A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
8A Documents open to inspection not to contain information
about protected persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
PART 9--AMENDMENT OF MIXED USE DEVELOPMENT ACT
1993
92 Act amended in pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
93 Amendment of s 28 (Application for approval of scheme) . . . . . . . . . . . . . 46
PART 10--AMENDMENT OF RIVER IMPROVEMENT TRUST
ACT 1940
94 Act amended in pt 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
95 Amendment of s 2 (Meanings of terms) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
96 Amendment of s 3 (Constitution of the Burdekin River
Improvement Area) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
97 Amendment of s 4 (Constitution of the Burdekin River
Improvement Trust) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
98 Amendment of s 5 (Membership of trust) . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
99 Amendment of s 7 (Trust constituted a body corporate) . . . . . . . . . . . . . . . 48
100 Amendment of s 8 (Trusts are statutory bodies) . . . . . . . . . . . . . . . . . . . . . . 49
101 Amendment of s 10 (Works which trust shall undertake or maintain) . . . . 49
102 Amendment of s 12 (Fund of the trust) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
103 Insertion of new s 12A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
12A Trust may make certain arrangements about its accounts . . . . . . . . 50
104 Amendment of s 13 (Budget) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
105 Amendment of s 20A (Audit and accounts) . . . . . . . . . . . . . . . . . . . . . . . . . 51
106 Replacement of s 21 (Annual report by trust) . . . . . . . . . . . . . . . . . . . . . . . . 51
21 Delegations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
6
Natural Resources and Other Legislation
Amendment
107 Insertion of new s 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
24 Transitional provision on the change of name of Burdekin
River Improvement Area and Trust . . . . . . . . . . . . . . . . . . . . . . . . . . 52
PART 11--AMENDMENT OF VALUATION OF LAND ACT 1944
108 Act amended in pt 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
109 Amendment of s 2 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
110 Replacement of ss 11 and 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
12 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
111 Amendment of s 14 (Deciding unimproved value of certain land) . . . . . . . 53
112 Amendment of s 18 (General valuation date) . . . . . . . . . . . . . . . . . . . . . . . . 54
113 Amendment of s 27 (Valuations at periodic intervals) . . . . . . . . . . . . . . . . . 54
114 Amendment of s 28 (Alteration of valuation) . . . . . . . . . . . . . . . . . . . . . . . . 54
115 Amendment of s 40 (Particulars of annual valuation to be
available for inspection) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
116 Amendment of s 41 (Advertisements) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
117 Insertion of new s 41A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
41A Notice to individual owners about annual valuation . . . . . . . . . . . . . 55
118 Amendment of s 42 (Owner may object) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
119 Replacement of s 44 (Late objection) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
44 Late objection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
120 Amendment of s 45 (Appeal) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
121 Amendment of s 46 (Right of new owner to carry on objection or
appeal) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
122 Amendment of s 52 (Objections to valuation) . . . . . . . . . . . . . . . . . . . . . . . 58
123 Insertion of new 52A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
52A Late objections to valuation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
124 Amendment of s 53 (Consideration of objections) . . . . . . . . . . . . . . . . . . . . 59
125 Amendment of s 54 (Notice to objector) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
126 Amendment of s 55 (Appeal against the chief executive's
decision on an objection) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
127 Amendment of s 73 (Supply of copies of valuation roll by chief
executive) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
7
Natural Resources and Other Legislation
Amendment
128 Insertion of new s 73A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
73A Local governments to be given notice about protected persons . . . 60
129 Amendment of s 74 (Other valuations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
130 Amendment of s 75 (Chief executive may identify land for local
government) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
131 Replacement of pt 8 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
PART 8--SUPPRESSION DIRECTION AND OTHER
MISCELLANEOUS MATTERS
Division 1--Suppression direction
75A Applications about direction to exclude personal details
from rolls etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
75B Chief executive's approval and making of suppression direction . . 63
75C Grounds for revocation of suppression direction . . . . . . . . . . . . . . . . 64
75D Procedure for revocation of suppression direction . . . . . . . . . . . . . . . 64
75E Right to appeal to the Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
75F How to start appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
75G Action pending outcome of appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
75H Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
75I Powers of Court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
75J Appeal to District Court on questions of law only . . . . . . . . . . . . . . 67
Division 2--Other miscellaneous matters
132 Insertion of new pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
PART 9--VALIDATION, TRANSITIONAL, SAVINGS ETC.
101 Failure to make general valuation within prescribed periods . . . . . 68
102 Fees for identifying land for local governments before
commencement of section . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
103 Time allowed under legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
PART 12--AMENDMENT OF WATER RESOURCES ACT 1989
133 Act amended in pt 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
134 Amendment of title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
135 Amendment of s 2 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
136 Amendment of s 8 (General powers etc. of corporation and chief
executive) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
8
Natural Resources and Other Legislation
Amendment
137 Amendment of s 29 (Wastage of water from artesian or
subartesian bore) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
138 Amendment of s 30 (Supply of surplus water from artesian or
subartesian bore) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
139 Omission of ss 31 and 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
140 Insertion of new pt 4, div 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
Division 1A--Certain specific provisions about subartesian bores
37A Act applies to subartesian bores in declared subartesian areas . . . . 71
37B Exemptions for small bores in declared subartesian areas . . . . . . . . 72
141 Amendment of s 38 (Requirements as to licence) . . . . . . . . . . . . . . . . . . . . 72
142 Amendment of s 41 (Alterations other than for repair or
maintenance of works prohibited) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
143 Amendment of s 43 (Inquiry by chief executive and grant or
refusal of application) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
144 Amendment of s 43A (Chief executive's decision to be published) . . . . . . 74
145 Insertion of new section 43B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
43B Notice of decision about constructing or using artesian or
subartesian bores . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
146 Insertion of new s 48A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
48A Holder of driller's licence to keep certain information
about boreholes and give it to the chief executive . . . . . . . . . . . . . . 76
147 Amendment of s 50 (Amendment, variation, cancellation,
revocation or suspension of licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
148 Insertion of new ss 50A50B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
50A Procedure for internal review of decision about driller's licences . . 76
50B Stay of operation of original decisions . . . . . . . . . . . . . . . . . . . . . . . . 78
149 Amendment of s 51 (Appeal to Land Court) . . . . . . . . . . . . . . . . . . . . . . . . . 78
150 Amendment of s 53 (Requirement as to licensing and
employment of drillers) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
151 Amendment of s 56 (Power to issue permit to government
department, other person or body to take water) . . . . . . . . . . . . . . . . . . . . . . 80
152 Amendment of s 57 (Power to issue permit to construct or use
works in the exercise of a right to use water under s 36) . . . . . . . . . . . . . . . 80
153 Amendment of s 58 (Application for and issue of permit in
respect of quarry material) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
9
Natural Resources and Other Legislation
Amendment
154 Amendment of s 63 (Royalty or price) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
155 Insertion of new s 64A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
64A Notice to stop unauthorised quarrying activities etc. . . . . . . . . . . . . 81
156 Amendment of s 65 (Limitation of times during which water may
be taken under licence or permit) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
157 Amendment of s 66 (Offences as to dealing with water) . . . . . . . . . . . . . . . 82
158 Amendment of s 67 (Powers of chief executive with respect to
unauthorised works) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
159 Amendment of s 68 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
160 Amendment of s 70 (Destruction of vegetation, excavation or
placing of fill) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
161 Amendment of s 71 (Permit to destroy vegetation or to excavate
or fill) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
162 Amendment of s 72 (Matters to be considered by chief executive) . . . . . . 84
163 Amendment of s 73 (Cancellation of permit or amendment of
terms of permit) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
164 Amendment of s 74 (Suspension of permit in exceptional
circumstances) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
165 Replacement of s 76 (Notice to stop activities etc.) . . . . . . . . . . . . . . . . . . 85
76 Notice to stop, or not engage in, a stated activity . . . . . . . . . . . . . . 85
166 Amendment of s 77 (Notice to remove vegetation etc.) . . . . . . . . . . . . . . . 86
167 Amendment of s 93 (Requirements by chief executive as to
referable dam) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
168 Amendment of s 156 (Power to make by-laws) . . . . . . . . . . . . . . . . . . . . . . 87
169 Amendment of s 194 (Prohibition on voting by member having
pecuniary interest) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
170 Amendment of s 213 (Obstruction of member of board, officer or
other person) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
171 Amendment of s 218 (Obstruction of officer or other person) . . . . . . . . . . . 88
172 Amendment of s 222 (Prohibition as to taking water on
non-payment of charges therefor) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
173 Amendment of s 223 (Unlawful taking, getting or removal of
quarry material) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
174 Replacement of s 224 (Contravention of or failure to comply with
terms of a licence or permit) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
224 Contravention of licences and certain permits . . . . . . . . . . . . . . . . . 89
10
Natural Resources and Other Legislation
Amendment
175 Insertion of new pt 11, divs 1A and 1B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
Division 1A--Enforcement powers of authorised officers and
police officers
224A Power to require name and address . . . . . . . . . . . . . . . . . . . . . . . . . . 89
224B Power to require answers to questions . . . . . . . . . . . . . . . . . . . . . . . . 90
224C Power to require production of documents . . . . . . . . . . . . . . . . . . . . . 91
224D Failure to give name and address etc. . . . . . . . . . . . . . . . . . . . . . . . . 91
224E Failure to answer questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
224F Failure to produce documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
224G False, misleading or incomplete documents . . . . . . . . . . . . . . . . . . . 92
224H False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
224I Impersonation of authorised officer . . . . . . . . . . . . . . . . . . . . . . . . . . 93
Division 1B--Enforcement of certain notices
224J Definitions for div 1B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
224K Orders to enforce notice under compliance section . . . . . . . . . . . . . 94
224L Consent injunctions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
224M Interim injunctions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
224N Factors relevant to granting restraining injunction . . . . . . . . . . . . . . 95
224O Factors relevant to granting mandatory injunction . . . . . . . . . . . . . . 95
224P Discharge or variation of injunction or order . . . . . . . . . . . . . . . . . . . 96
176 Amendment of s 225 (Trespass and unlawful occupation) . . . . . . . . . . . . . . 96
177 Amendment of s 233 (Unlawful construction of works or
interference with works) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
178 Amendment of s 234 (Powers of chief executive where
obstruction causes collection of water on railway, tramway or public
road or public nuisance) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
179 Amendment of s 250 (Approval of forms) . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
180 Insertion of new ss 253--255 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
253 Localities declared under a regulation . . . . . . . . . . . . . . . . . . . . . . . . 97
254 Licence to construct bore etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
255 Driller's licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
1997
A BILL
FOR
An Act to amend legislation about natural resources, and for other
purposes
s1 12 s4
Natural Resources and Other Legislation
Amendment
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
title 3
Short
Clause 1. This Act may be cited as the Natural Resources and Other Legislation 4
Amendment Act 1997. 5
6
Commencement
Clause 2.(1) Part 3 (other than sections 6, 8 to 10, 12 to 24, 25(1) and 26) is 7
taken to have commenced on 13 July 1997. 8
(2) Parts 4, 8 and 11 commence on a day to be fixed by proclamation. 9
(3) Part 6 (other than sections 36 to 60, 61(1), 62 to 69 and 71 to 80) is 10
taken to have commenced on 1 July 1995. 11
PART 2--AMENDMENT OF ACQUISITION OF 12
LAND ACT 1967 13
amended in pt 2 14
Act
Clause 3. This part amends the Acquisition of Land Act 1967. 15
of s 42 (Regulations) 16
Amendment
Clause 4. Section 42-- 17
insert-- 18
`(3) A regulation may be made about fees payable under this Act.'. 19
s5 13 s7
Natural Resources and Other Legislation
Amendment
PART 3--AMENDMENT OF BODY CORPORATE 1
AND COMMUNITY MANAGEMENT ACT 1997 2
amended in pt 3 3
Act
Clause 5. This part amends the Body Corporate and Community Management 4
Act 1997. 5
of s 18 (Meaning of "lease-back scheme" and "lease-back 6
Amendment
scheme operator") 7
Clause 6. Section 18(c), `lease-back scheme'-- 8
omit, insert-- 9
`lease-back scheme operator'. 10
of s 22 (Meaning of "regulation module") 11
Amendment
Clause 7. Section 22-- 12
insert-- 13
`(3A) A regulation module applies to a community titles scheme if-- 14
(a) the regulation module states that it is the regulation module that 15
applies to a community titles scheme if no other regulation 16
module applies to it; and 17
(b) no other regulation module applies to the scheme including, for 18
example, because the community management statement for the 19
scheme-- 20
(i) fails to identify a regulation module as the regulation module 21
applying to the scheme; or 22
(ii) identifies as the regulation module applying to the scheme a 23
regulation module that, under subsection (3), does not apply 24
to the scheme.'. 25
s8 14 s 10
Natural Resources and Other Legislation
Amendment
of s 40 (Creating common property by subdivision (no 1
Amendment
new scheme)) 2
Clause 8. Section 40(3), `scheme--the land'-- 3
omit, insert-- 4
`scheme, the land'. 5
of s 41 (Creating common property from scheme land 6
Amendment
(new scheme)) 7
Clause 9. Section 41(3), `scheme--the land'-- 8
omit, insert-- 9
`scheme, the land'. 10
of s 51 (New statements and subsequent plans of 11
Amendment
subdivision) 12
Clause 10.(1) Section 51(1), `, unless all plans' to `the new plan of 13
subdivision'-- 14
omit. 15
(2) Section 51-- 16
insert-- 17
`(3) Subsection (4) applies if-- 18
(a) a new plan of subdivision proposed to be lodged under 19
subsection (1) is consistent with all statements about proposed 20
future subdivision contained in the existing statement for the 21
scheme; and 22
(b) the difference between the existing statement and the new 23
community management statement for the scheme is limited to 24
making sure that, after registration of the new plan of subdivision 25
and the recording of the new community management statement, 26
the scheme's community management statement will-- 27
(i) be consistent with all plans of subdivision relating to the 28
scheme; and 29
s 11 15 s 12
Natural Resources and Other Legislation
Amendment
(ii) contain the statements about proposed future subdivision 1
that are contained in the existing statement, changed only to 2
the extent necessary to take account of the registration of the 3
new plan of subdivision. 4
`(4) The body corporate must, as quickly as practicable having regard to 5
when the plan of subdivision is proposed to be lodged, endorse its consent 6
to the recording of the new community management statement.'. 7
of s 55 (Body corporate to consent to recording of new 8
Amendment
statement) 9
Clause 11.(1) Section 55(4)(d), after `common property'-- 10
insert-- 11
`or body corporate assets'. 12
(2) Section 55-- 13
insert-- 14
`(5) Also, the consent to the recording of a new community management 15
statement need not be in the form of a resolution without dissent or special 16
resolution if the consent is required to be endorsed under section 51(4).1'. 17
of s 91 (Composition and election of committee) 18
Amendment
Clause 12. Section 91(2), `elected annually' to `body corporate'-- 19
omit, insert-- 20
`chosen'. 21
1 Section 51 (New statements and subsequent plans of subdivision)
s 13 16 s 14
Natural Resources and Other Legislation
Amendment
of new s 101A 1
Insertion
Clause 13. Chapter 3, part 1, division 4, after section 101-- 2
insert-- 3
other than at general meeting 4
`Voting
`101A.(1) This section-- 5
(a) provides a way for the body corporate for a community titles 6
scheme to decide a motion other than at a general meeting; but 7
(b) applies to a community titles scheme only if the regulation 8
module applying to the scheme says it applies. 9
`(2) A resolution on a motion may be passed by the body corporate, and 10
has effect as a resolution without dissent, special resolution or ordinary 11
resolution as may be required for the motion, even though the motion is not 12
placed before and decided at a general meeting of the body corporate, if-- 13
(a) a vote on the motion is exercised for each lot included in the 14
scheme; and 15
(b) the vote for each lot is exercised by a person who would be 16
entitled (other than merely as a proxy) to exercise the vote for the 17
lot at a general meeting held to decide the motion; and 18
(c) each vote is a vote for the motion; and 19
(d) each vote is given or confirmed in writing.'. 20
of s 107 (Regulation module) 21
Amendment
Clause 14. Section 107(3), `body corporate manager,' 22
omit. 23
s 15 17 s 18
Natural Resources and Other Legislation
Amendment
of s 112 (Review of remuneration under engagement of 1
Amendment
service contractor) 2
Clause 15. Section 112(5), definition "community titles scheme", `chapter 8, 3
part 1'-- 4
omit, insert-- 5
`the transitional provisions'. 6
of s 113 (Financial management arrangements) 7
Amendment
Clause 16. Section 113(2)(j), after `accounts'-- 8
insert-- 9
`by an auditor'. 10
of s 169 (Cancellation for not complying with basic 11
Amendment
requirements) 12
Clause 17.(1) Section 169(1), after `established'-- 13
insert-- 14
`or changed'. 15
(2) Section 169(2), after `scheme'-- 16
insert-- 17
`as established or changed'. 18
of s 170 (Statement to be given by seller to buyer) 19
Amendment
Clause 18.(1) Section 170(1), after `established'-- 20
insert-- 21
`or changed'. 22
(2) Section 170(2)(b), `proposed engagement'-- 23
omit, insert-- 24
`engagement'. 25
s 19 18 s 19
Natural Resources and Other Legislation
Amendment
(3) Section 170(2)(b), after `of the scheme'-- 1
insert-- 2
`, or proposed to be continued or entered into after the scheme is 3
changed'. 4
(4) Section 170(2)(c), `proposed authorisation'-- 5
omit, insert-- 6
`authorisation'. 7
(5) Section 170(2)(c), after `of the scheme,'-- 8
insert-- 9
`or proposed to be continued or given after the scheme is changed,'. 10
(6) Section 170(2)(d), after `establishment'-- 11
insert-- 12
`or change'. 13
(7) Section 170(2)(e)(ii), after `if the scheme'-- 14
insert-- 15
`to be established or changed'. 16
of s 174 (Cancelling contract for inaccuracy of statement) 17
Amendment
Clause 19.(1) Section 174(b)(i), after `its establishment'-- 18
insert-- 19
`or change'. 20
(2) Section 174(d), after `established'-- 21
insert-- 22
`or changed'. 23
s 20 19 s 23
Natural Resources and Other Legislation
Amendment
of s 176 (Restriction on powers of attorney in favour of 1
Amendment
seller) 2
Clause 20. Section 176(3), after `established'-- 3
insert-- 4
`or changed'. 5
of s 177 (Definitions for pt 3) 6
Amendment
Clause 21. Section 177, definition "lot", paragraph (b), `established'-- 7
omit, insert-- 8
`established or changed'. 9
of div 1 hdg 10
Replacement
Clause 22. Chapter 7, heading `Division 1--Appeals'-- 11
omit, insert-- 12
ART 1--APPEALS'. 13
`P
of s 250 (Definitions for div 1) 14
Amendment
Clause 23.(1) Section 250, heading, `div 1'-- 15
omit, insert-- 16
`pt 1'. 17
(2) Section 250, `In this division'-- 18
omit, insert-- 19
`In this part'. 20
(3) Section 250, definition "decision", paragraph (b)(ii) and (iii), 21
`amendment'-- 22
omit, insert-- 23
`change'. 24
s 24 20 s 28
Natural Resources and Other Legislation
Amendment
of div 2 hdg 1
Replacement
Clause 24. Chapter 7, heading `Division 2--Other matters'-- 2
omit, insert-- 3
ART 2--OTHER MATTERS'. 4
`P
of s 268 (Regulation-making power) 5
Amendment
Clause 25.(1) Section 268(3)(a)-- 6
omit, insert-- 7
`(a) misusing a proxy or otherwise voting on behalf of a person 8
without authority;'. 9
(2) Section 268(5), `3'-- 10
omit, insert 11
`6'. 12
of s 283 (Community management statement) 13
Amendment
Clause 26. Section 283(4)(a), `before'-- 14
omit, insert-- 15
`on or after 13 April 1997 but before'. 16
of s 288 (Definitions for div 6) 17
Amendment
Clause 27. Section 288, definition "exempted provisions", paragraph (f)-- 18
omit. 19
of s 290 (Body corporate contracts) 20
Amendment
Clause 28. Section 290(5)-- 21
omit, insert-- 22
`(5) However, if the new body corporate contract mentioned in 23
subsection (4)(d) is entered into on the basis of an amendment of the 24
s 28 21 s 28
Natural Resources and Other Legislation
Amendment
original contract made after the notification day-- 1
(a) to the extent the new contract is, or is in the nature of, the 2
engagement of a person as a body corporate manager for the 3
scheme--the relevant subsection applies to the new contract only 4
until the end, for the new contract, of the shorter of the following 5
terms-- 6
(i) the maximum term provided for in the regulation module 7
applying to the scheme for the engagement of a person as a 8
body corporate manager; 9
(ii) the term mentioned in the new contract; and 10
(b) to the extent the new contract is, or is in the nature of, the 11
engagement of a person as a service contractor for the 12
scheme--the relevant subsection applies to the new contract only 13
until the end, for the new contract, of the shorter of the following 14
terms-- 15
(i) the maximum term provided for in the regulation module 16
applying to the scheme for the engagement of a person as a 17
service contractor; 18
(ii) the term mentioned in the new contract; and 19
(c) to the extent the new contract is, or is in the nature of, the 20
authorisation of a person as a letting agent for the scheme--the 21
relevant subsection applies to the new contract only until the end, 22
for the new contract, of the shorter of the following terms-- 23
(i) the maximum term provided for in the regulation module 24
applying to the scheme for the authorisation of a person as a 25
letting agent; 26
(ii) the term mentioned in the new contract.'. 27
s 29 22 s 30
Natural Resources and Other Legislation
Amendment
ART 4--AMENDMENT OF CITY OF BRISBANE 1
P
ACT 1924 2
amended in pt 4 3
Act
Clause 29. This part amends the City of Brisbane Act 1924. 4
of new s 39D 5
Insertion
Clause 30. Part 2, division 11, after section 39C-- 6
insert-- 7
open to inspection not to contain information about 8
`Documents
protected persons 9
`39D.(1) This section applies to a document that-- 10
(a) is, under this Act, open to inspection; and 11
(b) is, or is based on, a document given to the council by the chief 12
executive (valuations); and 13
(c) would, apart from this section, include the name and postal 14
address of a protected person. 15
`(2) If the chief executive (valuations) gives notice to the council under 16
the Valuation of Land Act 1944, section 73A, about a protected person, the 17
council must not include the name and postal address of the protected 18
person in the document when the document is open to inspection. 19
`(3) In this section-- 20
"chief executive (valuations)" means the chief executive of the department 21
in which the Valuation of Land Act 1944 is administered. 22
"protected person" means a person for whose benefit the chief executive 23
s 31 23 s 32
Natural Resources and Other Legislation
Amendment
(valuations) has made a direction under the Valuation of Land Act 1
1944, section 75B(2), that continues to have effect.2'. 2
PART 5--AMENDMENT OF FORESTRY ACT 1959 3
amended in pt 5 4
Act
Clause 31. This part amends the Forestry Act 1959. 5
of s 18 (General powers of forest officers) 6
Amendment
Clause 32.(1) Section 18(1)(g), `enter'-- 7
omit, insert-- 8
`enter and inspect'. 9
(2) Section 18(1)(g) and (ga)(ii), `the Act'-- 10
omit, insert-- 11
`this Act'. 12
2 The Valuation of Land Act 1944, section 73A provides as follows--
`Local governments to be given notice about protected persons
73A.(1) If a valuation roll or part of a valuation roll is, under section 73, given
to a local government, the chief executive must, at the time the roll or part is
given to the local government, give notice to the local government about the
suppression directions for the benefit of each protected person whose name and
address appears in the roll or part.
(2) If a valuation roll or part of a valuation roll has, under section 73, been
given to a local government and a person, whose name and address appears in
the roll or part, becomes a protected person, the chief executive must give
notice to the local government about the suppression direction for the benefit of
the protected person, no later than 7 days after the date of the direction.
(3) If matters stated in a suppression direction change (including, for example,
the land stated in the direction), the chief executive must give notice to a local
government that has previously been given notice about the direction.
(4) A notice under this section must be in the approved form.'.
s 33 24 s 33
Natural Resources and Other Legislation
Amendment
(3) Section 18(1)(ga), `, the forest officer may'-- 1
omit. 2
of new s 19 3
Insertion
Clause 33. After section 18-- 4
insert-- 5
of document produced to forest officer 6
`Retention
`19.(1) This section applies if a forest officer makes a requirement under 7
section 18(1)(e) (the "requirement") for the production of a document. 8
`(2) The document must be produced at the place and time stated in the 9
requirement. 10
`(3) The place stated in the requirement-- 11
(a) may be other than the place where the document is ordinarily 12
kept; but 13
(b) must be reasonable in the circumstances of the making of the 14
requirement. 15
`(4) The time stated in the requirement must be reasonable in the 16
circumstances of the making of the requirement. 17
`(5) To avoid any doubt, it is declared that-- 18
(a) the document must be produced in its original form; and 19
(b) the forest officer may keep possession of the document for the 20
time the forest officer reasonably requires to exercise the forest 21
officer's powers under section 18(1)(e). 22
`(6) The forest officer may continue to keep possession of the document 23
after the forest officer has finished exercising the forest officer's powers 24
under section 18(1)(e) if the forest officer is satisfied on reasonable grounds 25
that continued retention of the document is necessary-- 26
(a) for the purpose of an inquiry under section 18(1)(c); or 27
(b) to preserve the document as evidence for a prosecution for a 28
contravention of this Act. 29
s 34 25 s 35
Natural Resources and Other Legislation
Amendment
`(7) Subsection (6)(a) does not authorise retention of the document after 1
the end of-- 2
(a) the time reasonably necessary to complete the inquiry; or 3
(b) the first 6 months after the production of the documents. 4
`(8) Subsection (6)(b) does not authorise retention of the document after 5
the end of-- 6
(a) if a prosecution for the contravention mentioned in 7
subsection (6)(b) is started within the first 6 months after the 8
production of the document--the prosecution for the 9
contravention and any appeal from the prosecution; or 10
(b) if paragraph (a) does not apply--the 6 months mentioned in 11
paragraph (a). 12
`(9) Until the document is returned, the forest officer must allow a 13
person who would be entitled to possession of it, if it had not been retained 14
by the forest officer, to inspect it and make copies of it.'. 15
of s 82 (Powers for seized timber etc.) 16
Amendment
Clause 34. Section 82(3), `section 82(1)(ga)(i)'-- 17
omit, insert-- 18
`section 18(1)(ga)(i)'. 19
PART 6--AMENDMENT OF LAND ACT 1994 20
amended in pt 6 21
Act
Clause 35. This part amends the Land Act 1994. 22
s 36 26 s 38
Natural Resources and Other Legislation
Amendment
of s 35 (Granting land in trust to be used for community 1
Replacement
purpose) 2
Clause 36. Section 35-- 3
omit, insert-- 4
for community purposes of land granted in trust 5
`Use
`35.(1) The way land granted in trust by the Governor in Council is used 6
must not be inconsistent with-- 7
(a) a community purpose for which it was granted;3 or 8
(b) an additional community purpose notified under subsection (2). 9
`(2) The Governor in Council may, by gazette notice, notify an additional 10
community purpose for land granted in trust.'. 11
of s 57 (Trustee leases) 12
Amendment
Clause 37. Section 57(3)-- 13
omit, insert-- 14
`(3) Each trustee lease must be registered in the appropriate register. 15
`(4) Each trustee lease must be endorsed with the Minister's approval 16
before it is registered.'. 17
of s 83 (Exhumations) 18
Amendment
Clause 38. Section 83-- 19
insert-- 20
`(3) To avoid any doubt, it is declared that in this section-- 21
"exhume" includes take out of a place of interment, whether above or 22
below ground.'. 23
3 The power of the Governor in Council to grant land in trust is in section 14(2)
(Governor in Council may grant land).
s 39 27 s 40
Natural Resources and Other Legislation
Amendment
of s 112 (Interests in land available by auction, tender or 1
Amendment
ballot) 2
Clause 39. Section 112(a) and (b)-- 3
omit, insert-- 4
`(a) an estate in fee simple; 5
(b) a lease of, or permit over, unallocated State land; 6
(c) a term lease of, or permit over, a reserve.'. 7
of s 140 (Provisional value may be negotiated) 8
Amendment
Clause 40. Section 140(5) and (6)-- 9
omit, insert-- 10
`(5) To decide the value of the improvements, the Court must decide 11
each of the following amounts-- 12
(a) the amount that fairly represents the value of the improvements to 13
a prudent buyer, having regard to the buyer's proposed use of the 14
land; 15
(b) the amount that fairly represents the cost of constructing the 16
improvements, adjusted to allow for depreciation of the 17
improvements since construction. 18
`(6) The value mentioned in subsection (5)(a) is the value on the day the 19
offer was made or the sale notice was published. 20
`(7) The cost mentioned in subsection (5)(b) is the cost on the day the 21
Court decides the value of the improvements. 22
`(8) If the amount decided under subsection (5)(a) is equal to or less than 23
the amount decided under subsection (5)(b), the value of the improvements 24
is the amount decided under subsection (5)(a). 25
`(9) If the amount decided under subsection (5)(a) is more than the 26
amount decided under subsection (5)(b), the value of the improvements is 27
the amount decided under subsection (5)(b). 28
`(10) The value of the improvements decided by the Court under 29
subsections (5) to (9) becomes the negotiated value.'. 30
s 41 28 s 42
Natural Resources and Other Legislation
Amendment
of s 174 (Freeholded lease may not be transferred 1
Amendment
without approval) 2
Clause 41.(1) Section 174(1)-- 3
omit, insert-- 4
`174.(1) If a perpetual lease for agricultural or grazing purposes is 5
converted to a deed of grant, or a deed of grant issues for a grazing 6
homestead freeholding lease, the deed of grant is issued subject to a 7
covenant prohibiting the transfer of the land to a corporation, or to a person 8
as trustee for a corporation, without the Governor in Council's approval.'. 9
(2) Section 174(3), after `corporation'-- 10
insert-- 11
`, or to a person as trustee for a corporation,'. 12
of s 175 (Forest entitlement areas) 13
Amendment
Clause 42. Section 175-- 14
insert-- 15
`(6) For subsection (3), the value of the commercial timber on a forest 16
entitlement area is decided by the Minister. 17
`(7) The value of the commercial timber decided by the Minister must be 18
its value on the day-- 19
(a) if the lessee or registered owner applies to buy the forest 20
entitlement area--the application was received by the Minister; or 21
(b) if the Minister made an offer to sell the forest entitlement area 22
before the lessee or registered owner applied to buy the forest 23
entitlement area--the offer was made. 24
`(8) The lessee or registered owner may appeal against the value decided 25
by the Minister for the commercial timber.4 26
4 Under section 421 (Notice of right of appeal to be given), a person who has a
right to appeal against a decision must be given written notice of the person's
right to appeal.
s 43 29 s 44
Natural Resources and Other Legislation
Amendment
`(9) However, if the lessee or registered owner appeals against the value 1
decided by the Minister under subsections (6) and (7), the value of the 2
timber decided by the Court must be the value of the timber on the day the 3
appeal is decided. 4
`(10) Subsection (9) has effect despite anything in chapter 7, part 3, 5
division 3.5'. 6
of s 185 (Development concessions) 7
Amendment
Clause 43.(1) Section 185, heading-- 8
omit, insert-- 9
`Development and investigation concessions'. 10
(2) Section 185(3)-- 11
omit, insert-- 12
`(3) If a permit is for investigation for a lease for development work, the 13
Minister may fix an annual rent, instead of the rent normally applying to a 14
permit, while the permit is in force. 15
`(4) This section does not apply to a lease or permit if the lease or permit 16
has a set rent.'. 17
of new s 194A 18
Insertion
Clause 44. Chapter 5, part 1, division 4, before section 195-- 19
insert-- 20
of "instalment" for div 4 21
`Meaning
`194A. In this division-- 22
"instalment" includes a fee payable under this Act for issuing and 23
registering a deed of grant.'. 24
5 Chapter 7 (General), part 3 (Review of decisions and appeals), division 3
(Appeals)
s 45 30 s 49
Natural Resources and Other Legislation
Amendment
of s 199 (Duty of care condition) 1
Amendment
Clause 45. Section 199, `lessee'-- 2
omit, insert-- 3
`lessee, licensee or permittee'. 4
of s 219 (Effect of resumption) 5
Amendment
Clause 46. Section 219(1)-- 6
omit, insert-- 7
`219.(1) If a lease or part of a lease is resumed under this division, the 8
land the subject of the interest comprising the lease or the part of the lease is 9
free of any interest or obligation arising under the lease.'. 10
of s 220 (Service of order in council) 11
Amendment
Clause 47. Section 220(3), `subsections'-- 12
omit, insert-- 13
`subsection'. 14
of s 225 (Effect of resumption) 15
Amendment
Clause 48. Section 225(1)-- 16
omit, insert-- 17
`225.(1) If a lease or part of a lease is resumed under this division, the 18
land the subject of the interest comprising the lease or the part of the lease is 19
free of any interest or obligation arising under the lease.'. 20
of s 253 (Definitions) 21
Amendment
Clause 49. Section 253, definition "critical area", paragraph (a)(i), `land'-- 22
omit. 23
s 50 31 s 51
Natural Resources and Other Legislation
Amendment
of s 263 (Chief executive may issue tree clearing permit) 1
Amendment
Clause 50.(1) Section 263-- 2
insert-- 3
`(2A) The applicant for a tree clearing permit may appeal against a 4
condition imposed by the chief executive under subsection (1)(a) (including 5
a condition mentioned in subsection (2)).6'. 6
(2) Section 263-- 7
insert-- 8
`(4A) The applicant may appeal against the chief executive's refusal to 9
issue the permit.'. 10
of s 266 (Cancellation of tree clearing permit) 11
Amendment
Clause 51. Section 266-- 12
insert-- 13
`(3) A person to whom a tree clearing permit has been issued under this 14
division may appeal against the chief executive's cancellation of the permit 15
under subsection (1).7 16
`(4) A person for whose benefit a tree clearing permit is continued in 17
force under section 267 may appeal against the chief executive's 18
cancellation of the permit under subsection (1).'. 19
6 Under section 421 (Notice of right of appeal to be given), a person who has a
right to appeal against a decision must be given written notice of the person's
right to appeal.
7 Under section 421 (Notice of right of appeal to be given), a person who has a
right to appeal against a decision must be given written notice of the person's
right to appeal.
s 52 32 s 54
Natural Resources and Other Legislation
Amendment
of s 307 (Borrowing lodged document before 1
Amendment
registration) 2
Clause 52. Section 307(1)(c), `subsection (1)(a) or (b)'-- 3
omit, insert-- 4
`paragraph (a) or (b)'. 5
of new s 334A 6
Insertion
Clause 53. After section 334-- 7
insert-- 8
to sub-subleases 9
`Application
`334A. For applying this division to sub-subleasing under schedule 6, 10
definition "sublease"8-- 11
(a) a reference in the following provisions to a lessee is taken to be a 12
reference to a sublessee under a sublease of a lease issued under 13
this Act-- 14
· section 332(1)(a) 15
· section 333(1), (2) and (4) 16
· section 334; and 17
(b) the reference in section 333(5) to a lease is taken to be a reference 18
to a sublease.'. 19
of s 358 (Changing deeds of grant) 20
Amendment
Clause 54. Section 358(6)-- 21
omit. 22
8 Schedule 6 (Dictionary)--
"sublease" includes a sub-sublease.
s 55 33 s 57
Natural Resources and Other Legislation
Amendment
of s 363 (Registration of easement) 1
Amendment
Clause 55. Section 363(3), `compulsory'-- 2
omit, insert-- 3
`compulsorily'. 4
of s 368 (Same person becoming lessee, licensee or 5
Amendment
permittee of benefited and burdened lands) 6
Clause 56. Section 368(1), after `permittee'-- 7
insert-- 8
`of'. 9
of new s 369B 10
Insertion
Clause 57. After section 369A-- 11
insert-- 12
of benefited land 13
`Transfer
`369B.(1) This section applies if-- 14
(a) land burdened by an easement is unallocated State land or a 15
reserve; and 16
(b) the document creating the easement includes a provision 17
(the "power of attorney provision") appointing the grantor of 18
the easement the attorney of the grantee of the easement, 19
including for the purpose of surrendering the easement if 20
circumstances stated in the document happen; and 21
(c) since the easement was created, the person (the "original 22
owner") who was the owner of the land benefited by the 23
easement when the easement was created has not always been the 24
owner of the land, whether or not the original owner is now the 25
owner of the land. 26
`(2) The power of attorney provision binds the current owner of the land 27
benefited by the easement, whether or not, since the easement was created, 28
the current owner of the land has always been the owner of the land. 29
s 58 34 s 60
Natural Resources and Other Legislation
Amendment
`(3) In this section-- 1
"current owner", of land, means the person who is now the owner of the 2
land. 3
"owner", of land, includes a registered owner, lessee, licensee and 4
permittee of the land.'. 5
of s 421 (Notice of right of appeal to be given) 6
Amendment
Clause 58. Section 421(1), after `against the decision'-- 7
insert-- 8
`and how the appeal is started'. 9
of s 424 (Applying for review) 10
Amendment
Clause 59. Section 424(1), `28'-- 11
omit, insert-- 12
`42'. 13
of s 426 (Decision on reconsideration) 14
Amendment
Clause 60. Section 426(3)-- 15
omit, insert-- 16
`(3) The notice must state-- 17
(a) the day the notice is given to the applicant (the "review notice 18
day"); and 19
(b) if the review decision is not the decision sought by the 20
applicant-- 21
(i) the reasons for the decision; and 22
(ii) that the applicant may appeal against the decision to the 23
Court within 42 days after the review notice day.'. 24
s 61 35 s 64
Natural Resources and Other Legislation
Amendment
of s 428 (Procedure for an appeal to the Court) 1
Amendment
Clause 61.(1) Section 428(3)-- 2
omit, insert-- 3
`(3) The notice of appeal must be filed within 42 days after the review 4
notice day under section 426.'. 5
(2) Section 428(5)-- 6
omit, insert-- 7
`(5) The Court may, whether before or after the time for filing the notice 8
of appeal ends, extend the period for filing the notice of appeal.'. 9
(3) Section 428(6), `and the facts relied on'-- 10
omit. 11
of s 434 (Meaning of "unimproved value") 12
Amendment
Clause 62. Section 434(4), definition "unimproved state", after `to the land'-- 13
insert-- 14
`performed by the State'. 15
of s 449 (Existing reserves and purposes continue) 16
Amendment
Clause 63. Section 449-- 17
insert-- 18
`(3) If, under subsection (1), land is taken to be reserved for cemetery 19
purposes, the land is taken also to be reserved for crematorium and 20
mortuary purposes.'. 21
of s 451 (Existing deeds of grant in trust and purposes 22
Amendment
continue) 23
Clause 64. Section 451-- 24
insert-- 25
`(3) If, under subsection (1), land is taken to be granted for cemetery 26
s 65 36 s 67
Natural Resources and Other Legislation
Amendment
purposes, the land is taken also to be granted for crematorium and mortuary 1
purposes.'. 2
of s 457 (Terms of pre-Wolfe freeholding leases) 3
Amendment
Clause 65. Section 457-- 4
insert-- 5
`(3) The discount mentioned in subsection (1)(d) does not apply to the 6
amount of the remaining purchase price that, in the records of the 7
department about the payment of the purchase price, is attributable to the 8
value of commercial timber.'. 9
of s 466 (Terms of grazing homestead freeholding leases) 10
Amendment
Clause 66.(1) Section 466(2), `division 5'-- 11
omit, insert-- 12
`division 3'. 13
(2) Section 466-- 14
insert-- 15
`(3) The discount mentioned in subsection (1)(c) does not apply to the 16
amount of the remaining purchase price that, in the records of the 17
department about the payment of the purchase price, is attributable to the 18
value of commercial timber.'. 19
of s 469 (Right to a grazing homestead freeholding lease) 20
Amendment
Clause 67. Section 469-- 21
insert-- 22
`(4) The conditions mentioned in subsection (3)(c) do not include 23
conditions that-- 24
(a) the Minister is satisfied are redundant in the context of the grazing 25
homestead freeholding lease; and 26
s 68 37 s 70
Natural Resources and Other Legislation
Amendment
(b) are expressly or impliedly excluded from the grazing homestead 1
freeholding lease when it is issued.'. 2
of s 471 (Right to a post-Wolfe freeholding lease) 3
Amendment
Clause 68. Section 471-- 4
insert-- 5
`(3) The conditions mentioned in subsection (2)(c) do not include 6
conditions-- 7
(a) the Minister is satisfied are redundant in the context of the 8
post-Wolfe freeholding lease; and 9
(b) are expressly or impliedly excluded from the post-Wolfe 10
freeholding lease when it is issued.'. 11
of s 478 (Right to a post-Wolfe freeholding lease) 12
Amendment
Clause 69. Section 478-- 13
insert-- 14
`(3) The conditions mentioned in subsection (2)(c) do not include 15
conditions-- 16
(a) the Minister is satisfied are redundant in the context of the 17
post-Wolfe freeholding lease; and 18
(b) are expressly or impliedly excluded from the post-Wolfe 19
freeholding lease when it is issued.'. 20
of s 506 (Existing cemeteries continue) 21
Amendment
Clause 70. Section 506-- 22
insert-- 23
`(2) All existing rules and regulations made by trustees under the 24
Cemetery Act 1865 for the purpose of a reserve or deed of grant in trust for 25
cemetery purposes under the Cemetery Act 1865 continue, as by-laws for 26
s 71 38 s 73
Natural Resources and Other Legislation
Amendment
the land comprising the reserve or deed of grant in trust for cemetery 1
purposes under this Act, for a period of 3 years from the commencement.'. 2
of s 506A (Meaning of terms) 3
Amendment
Clause 71.(1) Section 506A, all words before definition "agreement"-- 4
omit, insert-- 5
`Definitions for pt 7A 6
`506A. In this part--'. 7
(2) Section 506A, definition "agreement"-- 8
omit. 9
(3) Section 506A-- 10
insert-- 11
` "agreement" means the agreement that was set out in the schedule to the 12
repealed Act. 13
"repealed Act" means the Brigalow and Other Lands Development Act 14
1962.'. 15
of s 506H (When fee-simple of lease may be acquired) 16
Amendment
Clause 72.(1) Section 506H, `fee-simple'-- 17
omit, insert-- 18
`fee simple'. 19
(2) Section 506H(1)(b), `paragraph (a) of section 23(1)'-- 20
omit, insert-- 21
`section 23(1)(a) of the repealed Act'. 22
mendment of s 506I (Fund) 23
A
Clause 73.(1) Section 506I(2) and (3)-- 24
renumber as section 506I(1) and (2). 25
s 74 39 s 76
Natural Resources and Other Legislation
Amendment
(2) Section 506I(1)(b) (as renumbered), `(herein called "the First 1
Schedule Area")'-- 2
omit, insert-- 3
`(the "First Schedule Area")'. 4
of s 506J (Further advances) 5
Omission
Clause 74. Section 506J-- 6
omit. 7
of s 506K (Construction of instruments) 8
Amendment
Clause 75.(1) Section 506K, `section 24A'-- 9
omit, insert-- 10
`section 24A of the repealed Act'. 11
(2) Section 506K, `section 24B'-- 12
omit, insert-- 13
`section 24B of the repealed Act'. 14
of s 506M (Restricted application of 4 Eliz. II. No. 16) 15
Amendment
Clause 76.(1) Section 506M, heading-- 16
omit, insert-- 17
`Restricted application of Bills of Sale and Other Instruments Act'. 18
(2) Section 506M, from `provisions' to `relating'-- 19
omit, insert-- 20
`provisions of the Bills of Sale and Other Instruments Act 1955 relating'. 21
s 77 40 s 80
Natural Resources and Other Legislation
Amendment
of s 506O (Accounts and annual report) 1
Amendment
Clause 77. Section 506O, heading-- 2
omit, insert-- 3
`Accounts'. 4
of s 506P (Application of Act to purchase leases) 5
Amendment
Clause 78. Section 506P(1) and (2), from `under'-- 6
omit, insert-- 7
`under the repealed Act.'. 8
of sch 2 (Original decisions) 9
Amendment
Clause 79. Schedule 2-- 10
insert-- 11
`175(6) about the value of commercial timber 12
263(1)(a) condition with which a tree clearing permit is issued 13
263(1)(b) refusal to issue a tree clearing permit 14
266(1) cancellation of a tree clearing permit'. 15
of sch 6 (Dictionary) 16
Amendment
Clause 80.(1) Schedule 6, definition "standard document"-- 17
omit. 18
(2) Schedule 6, definition "pre-Wolfe Freeholding lease"-- 19
insert-- 20
(g) an existing lease for a term of years subject to a covenant entitling 21
the lessee to a deed of grant in fee simple, if the lease was granted 22
under the Special Freeholding of Leases Act 1991 on the 23
application of the lessee of a lease mentioned in section 4(1)(b) of 24
that Act.'. 25
s 81 41 s 83
Natural Resources and Other Legislation
Amendment
PART 7--AMENDMENT OF LAND TITLE ACT 1994 1
amended in pt 7 2
Act
Clause 81. This part amends the Land Title Act 1994. 3
of pt 6, div 4, sdiv A, hdg and insertion of new s 81A 4
Omission
Clause 82. Part 6, division 4, subdivision A, heading-- 5
omit, insert-- 6
for div 4 7
`Definitions
`81A. In this division-- 8
"public utility easement" means an easement in favour of a public utility 9
provider. 10
"public utility provider" means-- 11
(a) the State or a State corporation or instrumentality; or 12
(b) the Commonwealth or a Commonwealth corporation or 13
instrumentality; or 14
(c) a local government; or 15
(d) a person authorised by law to provide a public utility service; or 16
(e) a person approved by the Minister as suitable to provide a 17
particular public utility service.'. 18
of s 82 (Creation of easement by registration) 19
Amendment
Clause 83.(1) Section 82, after `may'-- 20
insert-- 21
`only'. 22
(2) Section 82-- 23
insert-- 24
`(2) The instrument must state-- 25
s 84 42 s 85
Natural Resources and Other Legislation
Amendment
(a) the nature of the easement and its terms; and 1
(b) the land to be benefited, and the land to be burdened, by the 2
easement.'. 3
of s 83 (Particulars to be registered) 4
Replacement
Clause 84. Section 83-- 5
omit, insert-- 6
of easement 7
`Registration
`83. An instrument creating an easement over part of a lot may be 8
registered only if-- 9
(a) a plan of survey designating the easement is registered; and 10
(b) it is signed by-- 11
(i) the registered owner of the lot to be burdened; and 12
(ii) if the easement benefits another lot--the registered owner of 13
the lot; and 14
(iii) if the easement benefits non-freehold land--the lessee or 15
other person entitled to the land; and 16
(iv) if the easement is a public utility easement--the public utility 17
provider.'. 18
of new ss 85A85B 19
Insertion
Clause 85. After section 85-- 20
insert-- 21
to be registered 22
`Particulars
`85A. When an easement is registered, the following particulars must be 23
recorded in the appropriate registers-- 24
(a) the lot burdened by the easement; 25
(b) any lot benefited by the easement; 26
(c) any registered lease benefited or burdened by the easement; 27
s 86 43 s 86
Natural Resources and Other Legislation
Amendment
(d) if non-freehold land is benefited or burdened by the 1
easement--any registered sublease or sub-sublease benefited or 2
burdened by the easement. 3
and liabilities created on registration of instrument 4
`Rights
`85B.(1) On registration of the instrument creating an easement, the 5
easement is created and, without anything further, vests in the person 6
entitled to the benefit of it. 7
`(2) If the easement is in favour of a public utility provider, the registered 8
owner of a lot burdened by the easement may recover from the public utility 9
provider a reasonable contribution towards the cost of keeping the part of 10
the lot affected by the easement in a condition appropriate for enjoyment of 11
the easement. 12
`(3) The liability to contribute may be amended or excluded by 13
agreement.'. 14
of s 89 (Easements for public utility providers) 15
Replacement
Clause 86. Section 89-- 16
omit, insert-- 17
for public utility providers 18
`Easements
`89.(1) Despite section 82(2), it is not necessary to state the land to be 19
benefited in a public utility easement that is not attached to, or used or 20
enjoyed with, other land. 21
`(2) However, a public utility easement mentioned in subsection (1)-- 22
(a) may be registered only for the following-- 23
(i) a right of way; 24
(ii) drainage or sewerage; 25
(iii) the supply of water, gas, electricity, telecommunication 26
facilities or another public utility service; and 27
(b) may be registered in favour of a person mentioned in 28
section 81A, definition "public utility provider", paragraph (e), 29
s 87 44 s 91
Natural Resources and Other Legislation
Amendment
only if the easement is for the public utility service mentioned in 1
the paragraph.'. 2
of pt 6, div 4, sdiv B 3
Omission
Clause 87. Part 6, division 4, subdivision B-- 4
omit. 5
of s 129 (Further caveat) 6
Amendment
Clause 88. Section 129, after `for a lot,'-- 7
insert-- 8
`or is rejected by the registrar under section 157,9'. 9
of sch 2 (Dictionary) 10
Amendment
Clause 89. Schedule 2, definition "public utility provider"-- 11
omit. 12
PART 8--AMENDMENT OF LOCAL GOVERNMENT 13
ACT 1993 14
amended in pt 8 15
Act
Clause 90. This part amends the Local Government Act 1993. 16
of new s 8A 17
Insertion
Clause 91. After section 8-- 18
insert-- 19
9 Section 157 (Rejecting instrument for failure to comply with requisition)
s 91 45 s 91
Natural Resources and Other Legislation
Amendment
open to inspection not to contain information about 1
`Documents
protected persons 2
`8A.(1) This section applies to a document that-- 3
(a) is, under this Act, open to inspection; and 4
(b) is, or is based on, a document given to the local government by 5
the chief executive (valuations); and 6
(c) would, apart from this section, include the name and postal 7
address of a protected person. 8
`(2) If the chief executive (valuations) gives notice to the local 9
government under the Valuation of Land Act 1944, section 73A, about a 10
protected person, the local government must not include the name and 11
postal address of the protected person in the document when the document 12
is open to inspection. 13
`(3) In this section-- 14
"chief executive (valuations)" means the chief executive of the department 15
in which the Valuation of Land Act 1944 is administered. 16
"protected person" means a person for whose benefit the chief executive 17
(valuations) has made a direction under the Valuation of Land Act 18
1944, section 75B(2), that continues to have effect.10'. 19
10 The Valuation of Land Act 1944, section 73A provides as follows--
`Local governments to be given notice about protected persons
73A.(1) If a valuation roll or part of a valuation roll is, under section 73, given
to a local government, the chief executive must, at the time the roll or part is
given to the local government, give notice to the local government about the
suppression directions for the benefit of each protected person whose name and
address appears in the roll or part.
(2) If a valuation roll or part of a valuation roll has, under section 73, been
given to a local government and a person, whose name and address appears in
the roll or part, becomes a protected person, the chief executive must give
notice to the local government about the suppression direction for the benefit of
the protected person, no later than 7 days after the date of the direction.
(3) If matters stated in a suppression direction change (including, for example,
the land stated in the direction), the chief executive must give notice to a local
government that has previously been given notice about the direction.
(4) A notice under this section must be in the approved form.'.
s 92 46 s 95
Natural Resources and Other Legislation
Amendment
ART 9--AMENDMENT OF MIXED USE 1
P
DEVELOPMENT ACT 1993 2
amended in pt 9 3
Act
Clause 92. This part amends the Mixed Use Development Act 1993. 4
of s 28 (Application for approval of scheme) 5
Amendment
Clause 93. Section 28(1A)-- 6
omit, insert-- 7
`(1A) However, on and from the commencement of this subsection, no 8
further applications for approval may be made (other than an application 9
that, under a provision of this Act other than this division, is required to be 10
made under this division).'. 11
ART 10--AMENDMENT OF RIVER 12
P
IMPROVEMENT TRUST ACT 1940 13
amended in pt 10 14
Act
Clause 94. This part amends the River Improvement Trust Act 1940. 15
of s 2 (Meanings of terms) 16
Amendment
Clause 95.(1) Section 2, heading-- 17
omit, insert-- 18
`Definitions'. 19
s 96 47 s 97
Natural Resources and Other Legislation
Amendment
of s 3 (Constitution of the Burdekin River Improvement 1
Amendment
Area) 2
Clause 96.(1) Section 3, heading-- 3
omit, insert-- 4
`Burdekin Shire Rivers Improvement Area and other river 5
improvement areas'. 6
(2) Section 3(1), (1A) and (1B)-- 7
omit, insert-- 8
`3.(1) The Burdekin River Improvement Area is continued in existence 9
under the name the Burdekin Shire Rivers Improvement Area.'. 10
(3) Section 3(3), (3A), (3B)(a), (4) and (5)(a), `Burdekin River 11
Improvement Area'-- 12
omit, insert-- 13
`Burdekin Shire Rivers Improvement Area'. 14
of s 4 (Constitution of the Burdekin River Improvement 15
Amendment
Trust) 16
Clause 97.(1) Section 4, heading-- 17
omit, insert-- 18
`Burdekin Shire Rivers Improvement Trust and other river 19
improvement trusts'. 20
(2) Section 4(1)-- 21
omit, insert-- 22
`4.(1) The Burdekin River Improvement Trust is continued in existence 23
under the name the Burdekin Shire Rivers Improvement Trust.'. 24
(3) Section 4(2), `Burdekin River Improvement Area'-- 25
omit, insert-- 26
`Burdekin Shire Rivers Improvement Area'. 27
s 98 48 s 99
Natural Resources and Other Legislation
Amendment
(4) Section 4(3), `as constituted under subsection (1) and'-- 1
omit. 2
(5) Section 4-- 3
insert-- 4
`(5) To remove doubt, it is declared that subsections (3) and (4) are 5
provisions to which the Acts Interpretation Act 1954, section 20A applies.11 6
`(6) Subsections (3), (4) and (5) and this subsection expire 1 month after 7
this subsection commences.'. 8
of s 5 (Membership of trust) 9
Amendment
Clause 98.(1) Section 5(1)(b) and (1A), `2'-- 10
omit. 11
(2) Section 5-- 12
insert-- 13
`(1B) A local government that may appoint representatives under 14
subsection (1)(b) for a trust may appoint 2 representatives for the trust, 15
unless a regulation prescribes that the local government may, for the trust, 16
appoint a stated number of representatives greater than 2.'. 17
(3) Section 5(5A)-- 18
omit, insert-- 19
`(5A) However, the chief executive must fix the time and place for 20
holding the first meeting of the trust.'. 21
of s 7 (Trust constituted a body corporate) 22
Amendment
Clause 99.(1) Section 7, heading-- 23
omit, insert-- 24
11 Section 20A (Repeal does not end saving, transitional or validating effect etc.)
s 100 49 s 101
Natural Resources and Other Legislation
Amendment
`Trusts are bodies corporate'. 1
(2) Section 7(1), `Burdekin River Improvement Trust'-- 2
omit, insert-- 3
`Burdekin Shire Rivers Improvement Trust'. 4
of s 8 (Trusts are statutory bodies) 5
Amendment
Clause 100. Section 8(1), after `the'-- 6
insert-- 7
`Financial Administration and Audit Act 1977 and'. 8
of s 10 (Works which trust shall undertake or maintain) 9
Amendment
Clause 101.(1) Section 10(1), `, with the consent of the Minister,'-- 10
omit. 11
(2) Sections 10(1A) and (1B)-- 12
omit, insert-- 13
`(1A) To remove doubt, it is declared that the trust must comply with all 14
laws in relation to undertaking or maintaining works mentioned in 15
subsection (1).'. 16
(3) Section 10(1C), `Also'-- 17
omit, insert-- 18
`Without limiting subsection (1A)'. 19
(4) Section 10(1C), `(other than a harbour board)'-- 20
omit. 21
(5) Section 10(3), `in that behalf given with the consent of the 22
Minister'-- 23
omit. 24
s 102 50 s 104
Natural Resources and Other Legislation
Amendment
of s 12 (Fund of the trust) 1
Amendment
Clause 102.(1) Section 12(1), `River'-- 2
omit, insert-- 3
`Shire Rivers'. 4
(2) Section 12(1), (3B), (4) and (5), `Minister'-- 5
omit, insert-- 6
`chief executive'. 7
of new s 12A 8
Insertion
Clause 103. After section 12-- 9
insert-- 10
may make certain arrangements about its accounts 11
`Trust
`12A.(1) A trust may, by resolution, enter into a written arrangement 12
with a local government to use the accounts, and the accounting systems, of 13
the local government if-- 14
(a) at least 1 of the local government's councillors is a member of the 15
trust; and 16
(b) the trust is satisfied it will achieve operational efficiencies under 17
the arrangement. 18
`(2) If a trust enters into an arrangement, the funds established under 19
section 12 must be included with the local government's accounts and 20
accounting systems and, at least once a month, are to be reconciled to 21
ensure the funds consist of the moneys mentioned in the section. 22
`(3) This section applies despite a contrary provision under the Financial 23
Administration and Audit Act 1977 or Statutory Bodies Financial 24
Arrangements Act 1982.'. 25
of s 13 (Budget) 26
Amendment
Clause 104.(1) Section 13(3)(c) and (d)-- 27
omit, insert-- 28
s 105 51 s 106
Natural Resources and Other Legislation
Amendment
`(c) must, by resolution, approve making the disbursement; and 1
(d) must obtain the chief executive's approval for it.'. 2
(2) Section 13(4A), `shall, with the consent of the Minister,'-- 3
omit, insert-- 4
`must'. 5
(3) Section 13(5), `Minister approves thereof'-- 6
omit, insert-- 7
`chief executive approves it'. 8
(4) Section 13(6), `Minister'-- 9
omit, insert-- 10
`chief executive'. 11
of s 20A (Audit and accounts) 12
Amendment
Clause 105.(1) Section 20A, heading-- 13
omit, insert-- 14
`Arrangements for auditing accounts of superannuation schemes'. 15
(2) Section 20A(1), `of a trust including the accounts' 16
omit. 17
of s 21 (Annual report by trust) 18
Replacement
Clause 106. Section 21-- 19
omit, insert-- 20
21
`Delegations
`21.(1) The chief executive may delegate the chief executive's powers 22
under this Act to an appropriately qualified person. 23
`(2) In this section-- 24
"appropriately qualified person" means a person with the qualifications, 25
experience or standing appropriate to exercise the power. 26
s 107 52 s 109
Natural Resources and Other Legislation
Amendment
1
Example of standing--
2
A person's classification level in the public service.'.
of new s 24 3
Insertion
Clause 107. After section 23-- 4
insert-- 5
provision on the change of name of Burdekin River 6
`Transitional
Improvement Area and Trust 7
`24. A reference in a law or other document to the Burdekin River 8
Improvement Area or the Burdekin River Improvement Trust is to be read 9
as a reference to the Burdekin Shire Rivers Improvement Area or the 10
Burdekin Shire Rivers Improvement Trust.'. 11
PART 11--AMENDMENT OF VALUATION OF LAND 12
ACT 1944 13
amended in pt 11 14
Act
Clause 108. This part amends the Valuation of Land Act 1944. 15
of s 2 (Definitions) 16
Amendment
Clause 109. Section 2-- 17
insert-- 18
` "annual valuation notice" see section 41A. 19
"protected person" see section 75B(2). 20
"suppression direction" means a direction under section 75B(2).'. 21
s 110 53 s 111
Natural Resources and Other Legislation
Amendment
of ss 11 and 12 1
Replacement
Clause 110. Sections 11 and 12-- 2
omit, insert-- 3
4
`Delegation
`12.(1) The chief executive may delegate to an appropriately qualified 5
person the following powers-- 6
(a) the chief executive's powers under this Act; 7
(b) the chief executive's powers under another Act for the valuation 8
or categorisation of land. 9
`(2) In subsection (1)-- 10
"appropriately qualified" includes having the qualifications, experience or 11
standing appropriate to exercise the power. 12
13
Examples of `qualifications, experience or standing'--
14
1. Registration as a registered valuer under the Valuers Registration Act 1992.
15
2. A person's classification level in the department.'.
of s 14 (Deciding unimproved value of certain land) 16
Amendment
Clause 111.(1) Section 14(2)(b)-- 17
omit. 18
(2) Section 14(2)(c)-- 19
renumber as section 14(2)(b). 20
(3) Section 14(2), from `or, as the case requires'-- 21
omit, insert-- 22
`of the land must be ascertained without regard to the restriction, 23
limitation or other covenant or condition.'. 24
(4) Section 14(3)-- 25
omit. 26
s 112 54 s 115
Natural Resources and Other Legislation
Amendment
of s 18 (General valuation date) 1
Amendment
Clause 112.(1) Section 18(1)-- 2
omit, insert-- 3
`18.(1) The chief executive may at periodic intervals fix, by gazette 4
notice, a date for a general valuation.'. 5
(2) Section 18(3), `may alter from time to time'-- 6
omit, insert-- 7
`may, by further gazette notice, alter'. 8
of s 27 (Valuations at periodic intervals) 9
Amendment
Clause 113. Section 27(2) and (4)-- 10
omit. 11
of s 28 (Alteration of valuation) 12
Amendment
Clause 114.(1) Section 28(1), from `between the issuing' to `part 4'-- 13
omit, insert-- 14
`between the issuing of an annual valuation notice under part 4, or a 15
notice of valuation under part 6,'. 16
(2) Section 28(1)(e), `, assignment to a sugar mill,'-- 17
omit. 18
of s 40 (Particulars of annual valuation to be available 19
Amendment
for inspection) 20
Clause 115.(1) Section 40(1), from `and in addition'-- 21
omit. 22
(2) Section 40(4), `21 days'-- 23
omit, insert-- 24
`42 days'. 25
s 116 55 s 117
Natural Resources and Other Legislation
Amendment
(3) Section 40(4)(b), from `at which the office'-- 1
omit, insert-- 2
`stated in the advertisement.'. 3
(4) Section 40-- 4
insert-- 5
`(6) In this section-- 6
"particulars of an annual valuation" does not include the name and 7
postal address of a protected person.'. 8
of s 41 (Advertisements) 9
Amendment
Clause 116.(1) Section 41(1)(a), `made;'-- 10
omit, insert-- 11
`made; and'. 12
(2) Section 41(1)(b) and (c)-- 13
omit, insert-- 14
`(b) that particulars of the valuation will be available for inspection by 15
any person, without payment of a fee, for a period of not less than 16
42 days starting on a stated day and at the stated places and 17
times.'. 18
of new s 41A 19
Insertion
Clause 117. After section 41-- 20
insert-- 21
to individual owners about annual valuation 22
`Notice
`41A.(1) As soon as practicable after making an annual valuation of all 23
land in an area but not later than 31 March in the year in which the valuation 24
is to take effect, the chief executive must give to each owner of land within 25
the area a notice (an "annual valuation notice") about the valuation of the 26
owner's land. 27
s 118 56 s 119
Natural Resources and Other Legislation
Amendment
`(2) The annual valuation notice must-- 1
(a) be in the approved form; and 2
(b) state that the owner may object to the valuation within 42 days 3
after the notice is given to the owner; and 4
(c) state the way in which an objection may be made.'. 5
of s 42 (Owner may object) 6
Amendment
Clause 118.(1) Section 42(1), from `within 28 days' to `that annual valuation'-- 7
omit, insert-- 8
`within 42 days after the annual valuation notice is given to the owner'. 9
(2) Section 42(4), `28'-- 10
omit, insert-- 11
`42'. 12
of s 44 (Late objection) 13
Replacement
Clause 119.(1) Section 44-- 14
omit, insert-- 15
objection 16
`Late
`44.(1) This section applies if-- 17
(a) a person was entitled to make a timely objection about a valuation 18
of the person's land but failed to do so; and 19
(b) the person objects in writing to the valuation within 1 year after-- 20
(i) if the person alleges that the person did not receive an annual 21
valuation notice--the first advertisement about the valuation 22
under section 41(1);12 or 23
(ii) in any other case--the date the annual valuation notice was 24
given to the person; and 25
12 Section 41 (Advertisements)
s 120 57 s 121
Natural Resources and Other Legislation
Amendment
(c) the person is, at the time of the late objection, the owner of the 1
land. 2
`(2) If the chief executive is satisfied that the person's failure to make a 3
timely objection happened through no fault of the person, the chief 4
executive must accept the late objection. 5
`(3) A late objection accepted by the chief executive is to be dealt with 6
under this part as if it were a timely objection. 7
`(4) In this section-- 8
"late objection" means an objection mentioned in subsection (1)(b). 9
"timely objection" means an objection under section 4213 within the time 10
stated in that section.'. 11
of s 45 (Appeal) 12
Amendment
Clause 120. Section 45(2), `28'-- 13
omit, insert-- 14
`42'. 15
of s 46 (Right of new owner to carry on objection or 16
Amendment
appeal) 17
Clause 121.(1) Section 46(1), from `subsequent' to `forms part'-- 18
omit, insert-- 19
`after the relevant date of notice,'. 20
(2) Section 46-- 21
insert-- 22
`(4) In subsection (1)-- 23
"relevant date of notice" means the later of the following-- 24
(a) if it is alleged that the previous owner did not receive an annual 25
13 Section 42 (Owner may object)
s 122 58 s 123
Natural Resources and Other Legislation
Amendment
valuation notice--the date of the first advertisement about the 1
valuation under section 41(1);14 2
(b) in any other case--the date the annual valuation notice is given to 3
the previous owner.'. 4
of s 52 (Objections to valuation) 5
Amendment
Clause 122. Section 52, `60'-- 6
omit, insert-- 7
`42'. 8
of new 52A 9
Insertion
Clause 123. After section 52-- 10
insert-- 11
objections to valuation 12
`Late
`52A.(1) This section applies if-- 13
(a) a person was entitled to make a timely objection about a valuation 14
of the person's land but failed to do so; and 15
(b) the person objects in writing to the valuation within 1 year after 16
the date the notice was issued to the person; and 17
(c) the person is, at the time of the late objection, the owner of the 18
land. 19
`(2) If the chief executive is satisfied that the person's failure to make a 20
timely objection happened through no fault of the person, the chief 21
executive must accept the late objection. 22
`(3) A late objection accepted by the chief executive is to be dealt with 23
under this part as if it were a timely objection. 24
`(4) In this section-- 25
"late objection" means an objection mentioned in subsection (1)(b). 26
14 Section 41 (Advertisements)
s 124 59 s 125
Natural Resources and Other Legislation
Amendment
"timely objection" means an objection under section 5215 within the time 1
stated in that section.'. 2
of s 53 (Consideration of objections) 3
Amendment
Clause 124.(1) Section 53(1), `the objection'-- 4
omit, insert-- 5
`an objection under section 52'. 6
(2) Section 53(10)-- 7
omit. 8
of s 54 (Notice to objector) 9
Amendment
Clause 125.(1) Section 54(1), `is made and, without prejudice to the foregoing, 10
such'-- 11
omit, insert-- 12
`is made. 13
`(1A) If the objection is made under section 52 within the time stated in 14
that section, the'. 15
(2) Section 54-- 16
insert-- 17
`(1B) If the objection was a late objection within the meaning of 18
section 52A, the notice must be issued within 1 year after the date of the 19
objection mentioned in section 52A.16'. 20
15 Section 52 (Objections to valuation)
16 Section 52A (Late objections to valuations)
s 126 60 s 128
Natural Resources and Other Legislation
Amendment
of s 55 (Appeal against the chief executive's decision on 1
Amendment
an objection) 2
Clause 126. Section 55(2), `60'-- 3
omit, insert-- 4
`42'. 5
of s 73 (Supply of copies of valuation roll by chief 6
Amendment
executive) 7
Clause 127.(1) Section 73(1) and (2), `furnish'-- 8
omit, insert-- 9
`give'. 10
(2) Section 73(2), `furnished'-- 11
omit, insert-- 12
`given'. 13
of new s 73A 14
Insertion
Clause 128. After section 73-- 15
insert-- 16
governments to be given notice about protected persons 17
`Local
`73A.(1) If a valuation roll or part of a valuation roll is, under section 73, 18
given to a local government, the chief executive must, at the time the roll or 19
part is given to the local government, give notice to the local government 20
about the suppression directions for the benefit of protected persons whose 21
names and addresses appear in the roll or part. 22
`(2) If a valuation roll or part of a valuation roll has, under section 73, 23
been given to a local government and a person, whose name and address 24
appears in the roll or part, becomes a protected person, the chief executive 25
must give notice to the local government about the suppression direction for 26
the benefit of the protected person, no later than 7 days after the date of the 27
direction. 28
s 129 61 s 130
Natural Resources and Other Legislation
Amendment
`(3) If matters stated in a suppression direction change (including, for 1
example, the land stated in the direction), the chief executive must give 2
notice to a local government that has previously been given notice about the 3
direction. 4
`(4) A notice under this section must be in the approved form.'. 5
6
of s 74 (Other valuations) 7
Amendment
Clause 129. Section 74-- 8
insert-- 9
`(6) Parts 4 and 6 do not apply to a valuation under this section.17'. 10
of s 75 (Chief executive may identify land for local 11
Amendment
government) 12
Clause 130. Section 75-- 13
insert-- 14
`(2) A regulation may prescribe a fee payable by a local government for 15
identifying land in a category.'. 16
17 Part 4 (Annual valuations) and part 6 (Notice of valuation, objections and
appeals)
s 131 62 s 131
Natural Resources and Other Legislation
Amendment
of pt 8 hdg 1
Replacement
Clause 131. Part 8, heading-- 2
omit, insert-- 3
`PART 8--SUPPRESSION DIRECTION AND OTHER 4
MISCELLANEOUS MATTERS 5
1--Suppression direction 6
`Division
about direction to exclude personal details from rolls 7
`Applications
etc. 8
`75A.(1) A person who is the owner of a parcel of land may apply to the 9
chief executive for a direction to exclude the person's name and postal 10
address from the publicly available parts of the valuation rolls and other 11
documents kept under this Act in relation to the parcel of land. 12
`(2) The application must-- 13
(a) be made in the approved form; and 14
(b) be supported by a statutory declaration by the applicant about the 15
reasons for the application; and 16
(c) state the parcel or parcels of land for which the application is 17
made. 18
`(3) The person must also give the chief executive all the cooperation, 19
information and help reasonably necessary for the chief executive to 20
consider the application. 21
`(4) Before 5 years after the date of a suppression direction, the relevant 22
protected person may apply for renewal of the direction. 23
`(5) If a person is not the only owner of a parcel of land, an application 24
under this section may be made jointly by all persons who have an interest 25
in the parcel of land. 26
s 131 63 s 131
Natural Resources and Other Legislation
Amendment
executive's approval and making of suppression direction 1
`Chief
`75B.(1) The chief executive must consider an application under 2
section 75A(1) or (4) by a person. 3
`(2) The chief executive must approve the application and, in writing, 4
direct the name and postal address of the person (the "protected person") 5
be excluded from the publicly available parts of the valuation rolls and other 6
documents kept under this Act in relation to the parcel of land stated in the 7
application, if the chief executive is satisfied, on reasonable grounds, that the 8
inclusion of the person's name and postal address would place at risk-- 9
(a) the personal safety of the person or someone else mentioned in 10
the application; or 11
(b) the property of the person or someone else mentioned in the 12
application. 13
`(3) A direction has effect for 5 years from the date of the chief 14
executive's approval, under subsection (2), of the application. 15
`(4) The direction must state-- 16
(a) the name of the person for whose benefit the direction is made; 17
and 18
(b) the parcel of land of which the person is an owner; and 19
(c) the valuation rolls and other documents from which the protected 20
person's name and postal address are to be excluded; and 21
(d) the date of the chief executive's approval and the date the direction 22
stops having effect. 23
`(5) The chief executive must promptly give written notice to the 24
applicant of the chief executive's decision and, if a direction is made, a copy 25
of the direction. 26
`(6) If the chief executive does not approve the application, the notice 27
must also state-- 28
(a) the reasons for the decision; and 29
(b) that the applicant may appeal against the decision to a Magistrates 30
Court within 42 days after the day the notice is received by the 31
applicant. 32
s 131 64 s 131
Natural Resources and Other Legislation
Amendment
`(7) If there is a change of ownership involving a protected person or 1
parcel of land stated in a suppression direction, the protected person must 2
give written notice to the chief executive about the change and the chief 3
executive must issue an amended direction under subsection (2). 4
`(8) However, an amendment must not change the date of the approval 5
or date the direction stops having effect. 6
for revocation of suppression direction 7
`Grounds
`75C. Each of the following is a ground for the revocation of a 8
suppression direction-- 9
(a) the direction was obtained on the basis of incorrect or misleading 10
information; 11
(b) the direction is no longer required because the grounds for the 12
direction, as mentioned in section 75B(2), no longer exist. 13
for revocation of suppression direction 14
`Procedure
`75D.(1) If the chief executive considers that reasonable grounds exist to 15
revoke a suppression direction (the "action"), the chief executive must give 16
the protected person a written notice (the "show cause notice") that-- 17
(a) states the action proposed; and 18
(b) states the grounds for proposing to take the action; and 19
(c) outlines the facts and circumstances that form the basis for the 20
chief executive's belief; and 21
(d) invites the protected person to show cause within a stated time, of 22
not less than 42 days, why the action proposed should not be 23
taken. 24
`(2) If, after considering all representations made within the specified 25
time, the chief executive still believes that grounds to take the action exist, 26
the chief executive may revoke the suppression direction. 27
`(3) The chief executive must inform the protected person of the decision 28
by written notice. 29
s 131 65 s 131
Natural Resources and Other Legislation
Amendment
`(4) If the chief executive decides to revoke the suppression direction, the 1
notice must state-- 2
(a) the reasons for the decision; and 3
(b) that the person who was a protected person may appeal against 4
the decision within 42 days to a Magistrates Court. 5
`(5) The decision takes effect on the later of the following-- 6
(a) the day on which the notice is given to the person; 7
(b) the day stated in the notice. 8
to appeal to the Court 9
`Right
`75E.(1) An applicant for a suppression direction may appeal against the 10
chief executive's decision to refuse to make the direction. 11
`(2) Also, a person who was a protected person may appeal against the 12
chief executive's decision to revoke the direction. 13
`(3) The appeal may be made to the Magistrates Court nearest the place 14
where the applicant or person resides. 15
to start appeal 16
`How
`75F.(1) An appeal is started by-- 17
(a) filing a written notice of appeal with the clerk of the court of the 18
Magistrates Court; and 19
(b) serving a copy of the notice on the chief executive. 20
`(2) The notice of appeal must be filed within 42 days after the appellant 21
receives notice of the decision appealed against. 22
`(3) The Court may at any time extend the period for filing the notice of 23
appeal. 24
`(4) The notice of appeal must state the grounds of the appeal. 25
s 131 66 s 131
Natural Resources and Other Legislation
Amendment
pending outcome of appeal 1
`Action
`75G.(1) This section applies if, under section 75(1)(b), a person serves 2
the chief executive with a copy of a notice of appeal against-- 3
(a) the chief executive's decision about the person's application under 4
section 75A (an "application appeal"); or 5
(b) the chief executive's decision, under section 75D(4), to revoke a 6
direction (a "revocation appeal"). 7
`(2) For an application appeal, the chief executive must exclude the name 8
and postal address of the person from the publicly available parts of the 9
valuation rolls or other documents under this Act, unless the chief executive 10
considers that the application under section 75A was frivolous or vexatious. 11
`(3) For a revocation appeal, the chief executive must continue to exclude 12
the name and postal address of the person from the publicly available parts 13
of the valuation rolls or other documents under this Act, unless the chief 14
executive considers that the appeal is frivolous or vexatious. 15
`(4) The exclusion under subsection (2), or continuation of the exclusion 16
under subsection (3), extends until the application appeal or revocation 17
appeal is decided or otherwise ends. 18
procedures 19
`Hearing
`75H.(1) The power under the Magistrates Courts Act 1921 to make 20
rules for Magistrates Courts includes power to make rules for appeals to 21
Magistrates Courts under this Act. 22
`(2) The procedure for an appeal to a Magistrates Court under this Act is 23
to be in accordance with-- 24
(a) the rules made under the Magistrates Courts Act 1921; or 25
(b) in the absence of relevant rules--directions of the Court. 26
`(3) An appeal is to be by way of rehearing, unaffected by the chief 27
executive's decision. 28
`(4) In deciding an appeal, the Court-- 29
(a) is not bound by the rules of evidence; and 30
s 131 67 s 131
Natural Resources and Other Legislation
Amendment
(b) must observe natural justice; and 1
(c) may hear the appeal in court or chambers. 2
of Court on appeal 3
`Powers
`75I.(1) In deciding an appeal, the Court may-- 4
(a) confirm the decision appealed against; or 5
(b) set aside the decision and substitute another decision; or 6
(c) set aside the decision and return the matter to the chief executive 7
with directions that the Court considers appropriate. 8
`(2) In substituting another decision, the Court has the same powers as 9
the chief executive. 10
11
Example--
12
The Court may decide that an unsuccessful applicant for a direction be granted
13
the direction.
`(3) If the Court substitutes another decision, the substituted decision is 14
taken, for the purposes of this Act, to be the chief executive's decision. 15
to District Court on questions of law only 16
`Appeal
`75J. A party aggrieved by the decision of the Court may appeal to a 17
District Court, but only on a question of law. 18
`Division 2--Other miscellaneous matters'. 19
s 132 68 s 132
Natural Resources and Other Legislation
Amendment
of new pt 9 1
Insertion
Clause 132. After section 100-- 2
insert-- 3
`PART 9--VALIDATION, TRANSITIONAL, SAVINGS 4
ETC. 5
to make general valuation within prescribed periods 6
`Failure
`101. An annual valuation for an area that was made before the 7
commencement is not invalid merely because a general valuation for the 8
area was not made as required by section 27 before the commencement. 9
for identifying land for local governments before commencement 10
`Fees
of section 11
`102.(1) This section applies if the chief executive has, after 1 January 12
1985 and before the commencement of this section, identified land for a 13
local government as land within a category. 14
`(2) If the chief executive has charged a local government a fee for 15
identifying the land in a category, the fee is taken to have been validly 16
charged. 17
`(3) However, if the fee has not been paid to, or recovered by, the chief 18
executive, the fee may be recovered from the local government as a debt 19
payable to the State. 20
`(4) If the chief executive has not charged a local government a fee for 21
identifying for it the land in a category, the chief executive may charge the 22
local government the fee prescribed under section 75. 23
`(5) This section expires 1 year after it commences. 24
allowed under legislation 25
`Time
`103.(1) This section applies to provisions that, before the 26
commencement of this section, provided for a thing to be done by, within 27
or after a stated time (the "original time period") and before the 28
s 133 69 s 135
Natural Resources and Other Legislation
Amendment
commencement-- 1
(a) the thing had not been done; and 2
(b) the original time period had not ended. 3
`(2) If, after the commencement, there is more time than the original time 4
period for doing the thing (the "greater time period"), the thing may be 5
done before the greater time period ends. 6
`(3) However if, after the commencement, there is less time than the 7
original time period for doing the thing (the "reduced time period"), the 8
reduced time period does not apply to doing the thing but the thing may be 9
done before the original time period ends. 10
`(4) This section expires 3 months after it commences.'. 11
PART 12--AMENDMENT OF WATER RESOURCES 12
ACT 1989 13
amended in pt 12 14
Act
Clause 133. This part amends the Water Resources Act 1989. 15
of title 16
Amendment
Clause 134. Title, after `physical integrity of watercourses'-- 17
insert-- 18
`, lakes and springs'. 19
of s 2 (Interpretation) 20
Amendment
Clause 135.(1) Section 2(1)-- 21
insert-- 22
` "declared subartesian area" means a locality in the State prescribed 23
under a regulation as a declared subartesian area. 24
s 136 70 s 136
Natural Resources and Other Legislation
Amendment
"driller's licence" means a licence to drill boreholes for the construction of 1
artesian or subartesian bores, to construct artesian or subartesian bores 2
and for carrying out work in relation to existing bores. 3
"water available for allocation" means-- 4
(a) water available for irrigation or another purpose, from works of 5
the corporation or a board; or 6
(b) water from watercourses, lakes or springs; or 7
(c) underground water.'. 8
(2) Section 2(1), definition "water allocation", `irrigation or any other 9
purpose from works of the corporation'-- 10
omit, insert-- 11
`allocation'. 12
of s 8 (General powers etc. of corporation and chief 13
Amendment
executive) 14
Clause 136.(1) Section 8(1)(g)(i) and (ii)-- 15
omit, insert-- 16
`(i) springs; and 17
(ii) the beds and banks of watercourses and lakes, and other 18
elements of watercourses and lakes that confine or contain 19
water.'. 20
(2) Section 8(2)(g) and (h)-- 21
omit, insert-- 22
`(g) monitor the physical integrity of-- 23
(i) springs; and 24
(ii) the beds and banks of watercourses and lakes, and other 25
elements of watercourses and lakes that confine or contain 26
water; and 27
(h) take action necessary or desirable to protect-- 28
(i) springs; and 29
s 137 71 s 140
Natural Resources and Other Legislation
Amendment
(ii) the beds and banks of watercourses and lakes, and other 1
elements of watercourses and lakes that confine or contain 2
water; and'. 3
of s 29 (Wastage of water from artesian or subartesian 4
Amendment
bore) 5
Clause 137. Section 29(2), penalty, `50'-- 6
omit, insert-- 7
`200'. 8
of s 30 (Supply of surplus water from artesian or 9
Amendment
subartesian bore) 10
Clause 138. Section 30(6), penalty-- 11
omit, insert-- 12
`Maximum penalty for subsection (6)--50 penalty units.'. 13
of ss 31 and 32 14
Omission
Clause 139. Sections 31 and 32-- 15
omit. 16
of new pt 4, div 1A 17
Insertion
Clause 140. After section 37-- 18
insert-- 19
1A--Certain specific provisions about subartesian bores 20
`Division
applies to subartesian bores in declared subartesian areas 21
`Act
`37A. The provisions of this Act about subartesian bores apply only to 22
subartesian bores in declared subartesian areas. 23
s 141 72 s 141
Natural Resources and Other Legislation
Amendment
for small bores in declared subartesian areas 1
`Exemptions
`37B. Section 38(1)(i) does not apply to a person in a declared 2
subartesian area who, on the person's land-- 3
(a) constructs or uses a bore that is declared, under a regulation, a 4
small bore for the declared subartesian area; or 5
(b) enlarges, deepens or alters in any way a bore that is declared, 6
under a regulation, a small bore for the declared subartesian area 7
and the bore as enlarged, deepened or altered remains a small 8
bore for the declared subartesian area.18 9
10
Example of regulation prescribing a bore a small bore for a declared subartesian area--
11
For the declared subartesian area constituted by the Shire of Clifton, a bore is a
12
small bore if it is to be used for domestic purposes and has a casing size less than
13
150 mm in diameter.'.
of s 38 (Requirements as to licence) 14
Amendment
Clause 141.(1) Section 38, heading-- 15
omit, insert-- 16
`Offences about constructing works etc. and otherwise taking water 17
without the authority of a licence'. 18
(2) Section 38(1)(b)(i),`water;'-- 19
omit, insert-- 20
`water; or'. 21
(3) Section 38(1)(c)(i),`drainage;'-- 22
omit, insert-- 23
`drainage; or'. 24
18 Section 38 (Offences about constructing works etc. and otherwise taking water
without the authority of a licence)
s 142 73 s 142
Natural Resources and Other Legislation
Amendment
(4) Section 38(1)(c)(ii),`banks;'-- 1
omit, insert-- 2
`banks; or'. 3
(5) Section 38(1)(e)(i),`goods;'-- 4
omit, insert-- 5
`goods; or'. 6
(6) Section 38(1)(i), from `in districts' to `section 31'-- 7
omit, insert-- 8
`in a declared subartesian area--'. 9
(7) Section 38(1), penalty-- 10
omit, insert-- 11
`Maximum penalty-- 12
(a) 400 penalty units, if the person is convicted of an offence in 13
relation to matters mentioned in subsection (1)(a); or 14
(b) 200 penalty units, in any other case.'. 15
of s 41 (Alterations other than for repair or maintenance 16
Amendment
of works prohibited) 17
Clause 142.(1) Section 41(a), after `of the licence;'-- 18
insert-- 19
`or'. 20
(2) Section 41, penalty-- 21
omit, insert-- 22
`Maximum penalty-- 23
(a) 400 penalty units, if the person is convicted of an offence about 24
effecting alterations to a referable dam or using the water supplied 25
from a referable dam; or 26
(b) 200 penalty units, in any other case.'. 27
s 143 74 s 144
Natural Resources and Other Legislation
Amendment
of s 43 (Inquiry by chief executive and grant or refusal of 1
Amendment
application) 2
Clause 143.(1) Section 43(1)-- 3
insert-- 4
`(d) if the application is for a driller's licence--the suitability of the 5
applicant to hold a driller's licence of the type stated in the 6
application, including, for example, the applicant's skills in 7
different aquifer systems and knowledge and proficiency in 8
different drilling techniques.'. 9
(2) Section 43(1A), `However, if the'-- 10
omit, insert-- 11
`If an'. 12
(3) Section 43(3)-- 13
insert-- 14
`(e) the type of driller's licence stated in the application modified or 15
varied;'. 16
of s 43A (Chief executive's decision to be published) 17
Amendment
Clause 144.(1) Section 43A, heading-- 18
omit, insert-- 19
`Certain decisions of the chief executive to be published in 20
newspapers'. 21
(2) Section 43A(1)-- 22
omit, insert-- 23
`43A.(1) This section applies to a decision, made by the chief executive 24
under section 43, about which a person may, under section 51,19 appeal to 25
19 Section 51 (Appeal to Land Court) states the persons who may appeal against
decisions of the chief executive to the Land Court, the process for making the
appeal, the way the matter must be heard and determined by the Land Court and
other matters.
s 145 75 s 146
Natural Resources and Other Legislation
Amendment
the Land Court, other than a decision about constructing or using an artesian 1
or subartesian bore.'. 2
of new section 43B 3
Insertion
Clause 145. After section 43A-- 4
insert-- 5
of decision about constructing or using artesian or subartesian 6
`Notice
bores 7
`43B.(1) This section applies to a decision, made by the chief executive 8
under section 43, about constructing or using an artesian or subartesian 9
bore. 10
`(2) The chief executive must promptly give notice of the chief 11
executive's decision about the application to the applicant. 12
`(3) If the decision is other than a decision to grant the application 13
absolutely, the notice must also state-- 14
(a) the reasons for the decision; and 15
(b) that the applicant may, under section 51, appeal against the 16
decision to the Land Court within 30 days after the day the notice 17
is received by the applicant.20 18
`(4) Also, if there is another person who is, or may be, a dissatisfied 19
person under section 51(1) in relation to the decision, the chief executive 20
must promptly give notice of the chief executive's decision, and the reasons 21
for the decision, to the person.'. 22
of new s 48A 23
Insertion
Clause 146. After section 48-- 24
insert-- 25
20 Section 51 (Appeal to Land Court)
s 147 76 s 148
Natural Resources and Other Legislation
Amendment
of driller's licence to keep certain information about boreholes 1
`Holder
and give it to the chief executive 2
`48A.(1) The holder of a driller's licence must keep information 3
prescribed under a regulation about the boreholes drilled by the holder. 4
`(2) The holder must keep the information about a borehole as the driller 5
is drilling the borehole. 6
`(3) Subject to subsection (4), the holder must give to the chief executive 7
a copy of the information about a borehole within 60 days of completing the 8
drilling of the borehole. 9
`(4) However, a regulation may prescribe an area in relation to which a 10
holder of a driller's licence need not give to the chief executive a copy of the 11
information about boreholes drilled within the area. 12
`(5) The chief executive may issue a document containing forms suitable 13
for use for keeping the information mentioned in subsection (1) to each 14
holder of a driller's licence and, if the chief executive issues a document to a 15
holder, the holder must use the forms.'. 16
of s 50 (Amendment, variation, cancellation, revocation 17
Amendment
or suspension of licence) 18
Clause 147. Section 50(2)(b), from `for such period'-- 19
omit, insert-- 20
`for a period not longer than the period stated in the notice;' 21
of new ss 50A50B 22
Insertion
Clause 148. After section 50-- 23
insert-- 24
for internal review of decision about driller's licences 25
`Procedure
`50A.(1) This section applies to each of the following decisions 26
(an "original decision") if the decision is made by a person other than the 27
chief executive personally-- 28
(a) a decision under section 43(2) in relation to a driller's licence, 29
s 148 77 s 148
Natural Resources and Other Legislation
Amendment
other than a decision to grant the application absolutely; 1
(b) a decision under section 50(2) to amend, vary, cancel, revoke or 2
suspend a driller's licence.21 3
`(2) Each of the following (an "affected person") may apply for a 4
review of the original decision-- 5
(a) the applicant for a driller's licence; 6
(b) a holder of a driller's licence, or person who was a holder of a 7
driller's licence, affected by a decision under section 50(2). 8
`(3) The application must-- 9
(a) be made in the approved form to the chief executive within-- 10
(i) 14 days after the day on which the affected person receives 11
notice of the original decision; or 12
(ii) the longer period the chief executive in special circumstances 13
allows; and 14
(b) be supported by enough information to enable the chief executive 15
to decide the application. 16
`(4) The chief executive must, within 14 days after receiving the 17
application-- 18
(a) review the original decision; and 19
(b) make a decision (the "review decision") to-- 20
(i) confirm or revoke the original decision; or 21
(ii) vary the original decision in a way the chief executive 22
considers appropriate. 23
`(5) The application does not stay the original decision. 24
`(6) If the application is not dealt with by the chief executive personally, it 25
must not be dealt with by-- 26
(a) the person who made the original decision; or 27
21 Sections 43 (Inquiry by chief executive and grant or refusal of application) and
50 (Amendment, variation, cancellation, revocation or suspension of licence)
s 149 78 s 149
Natural Resources and Other Legislation
Amendment
(b) a person in a less senior office than the person who made the 1
original decision. 2
`(7) Within 14 days after making the review decision, the chief executive 3
must give written notice of the decision to the applicant. 4
`(8) The notice must include the reasons for the review decision. 5
`(9) If the chief executive does not comply with subsection (7), the chief 6
executive is taken to have made a decision confirming the original decision. 7
`(10) Subsection (6) applies despite the Acts Interpretation Act 1954, 8
section 27A.22 9
of operation of original decisions 10
`Stay
`50B.(1) If an application is made under section 50A for review of an 11
original decision, the applicant may immediately apply for a stay of the 12
decision to a Magistrates Court. 13
`(2) The court may stay the decision to secure the effectiveness of the 14
review. 15
`(3) A stay may be given on conditions the court considers appropriate 16
and has effect for the period stated by the court. 17
`(4) The period of a stay must not extend past the time when the chief 18
executive reviews the decision.'. 19
of s 51 (Appeal to Land Court) 20
Amendment
149. Section 51(4), from `in the Land Court'-- 21
omit, insert-- 22
`a notice of appeal in the registry of the Land Court within 30 days 23
after-- 24
(a) if the decision relates to an application about constructing or using 25
an artesian or subartesian bore--the day the notice under 26
section 43B is received by the applicant; or 27
22 Section 27A (Delegation of powers)
s 150 79 s 150
Natural Resources and Other Legislation
Amendment
(b) in any other case--the day notification of the decision is first 1
published in the newspaper.'. 2
of s 53 (Requirement as to licensing and employment of 3
Amendment
drillers) 4
Clause 150.(1) Section 53(1) `bore not'-- 5
omit, insert-- 6
`bore, not'. 7
(2) Section 53(1), after `driller's licence'-- 8
insert-- 9
`that authorises the drilling operation,'. 10
(3) Section 53(1), penalty, `15'-- 11
omit, insert-- 12
`200'. 13
(4) Section 53(2), after `driller's licence'-- 14
insert-- 15
`for the drilling operations for which the person is employed as a 16
driller,'. 17
(5) Section 53(2), penalty-- 18
omit, insert-- 19
`Maximum penalty for subsection (2)--200 penalty units.'. 20
(6) Section 53(3) and (4)-- 21
omit. 22
s 151 80 s 153
Natural Resources and Other Legislation
Amendment
of s 56 (Power to issue permit to government 1
Amendment
department, other person or body to take water) 2
Clause 151. Section 56(2)(b), `90 days'-- 3
omit, insert-- 4
`1 year'. 5
of s 57 (Power to issue permit to construct or use works 6
Amendment
in the exercise of a right to use water under s 36) 7
Clause 152. Section 57(6), penalty-- 8
omit, insert-- 9
`Maximum penalty for subsection (6)--50 penalty units.'. 10
of s 58 (Application for and issue of permit in respect of 11
Amendment
quarry material) 12
Clause 153. Section 58(2) and (3)-- 13
omit, insert-- 14
`(2) However, an application under subsection (1) about quarry material, 15
other than controlled quarry material, may only be made by-- 16
(a) the owner of the land through or past which the watercourse 17
flows or on which part of the lake is situated; or 18
(b) a person who makes the application with the written consent of 19
the owner and includes a copy of the consent in the application. 20
`(3) The chief executive may, by written notice to the applicant, require 21
the applicant to give to the chief executive further documents, information 22
or particulars about the proposed operation as stated in the notice.'. 23
s 154 81 s 155
Natural Resources and Other Legislation
Amendment
of s 63 (Royalty or price) 1
Amendment
Clause 154. Section 63(3), penalty, `20'-- 2
omit, insert-- 3
`50'. 4
of new s 64A 5
Insertion
Clause 155. Part 4, division 3, after section 64-- 6
insert-- 7
to stop unauthorised quarrying activities etc. 8
`Notice
`64A.(1) This section applies if-- 9
(a) it appears to the chief executive that a person is engaging in, or is 10
about to engage in, taking, getting, removing or otherwise 11
interfering with quarry material in or from a watercourse or lake, 12
including controlled quarry material; and 13
(b) a permit under this division is required, but has not been obtained, 14
for the activity. 15
`(2) The chief executive may give written notice to the person requiring 16
the person to stop, or not to engage in, the activity. 17
`(3) The person must not contravene a notice under subsection (2). 18
Maximum penalty--200 penalty units. 19
`(4) A penalty may be imposed under this section in relation to an 20
activity even if-- 21
(a) a penalty is imposed under section 22323 in relation to the activity; 22
or 23
(b) an enforcement injunction is obtained under part 11, 24
division 1B.24'. 25
23 Section 233 (Unlawful construction of works or interference with works)
24 Under part 11, division 1B an injunction may be obtained if a person contravenes
a notice under section 76(1).
s 156 82 s 159
Natural Resources and Other Legislation
Amendment
of s 65 (Limitation of times during which water may be 1
Amendment
taken under licence or permit) 2
Clause 156. Section 65(3), penalty-- 3
omit, insert-- 4
`Maximum penalty for subsection (3)--200 penalty units.'. 5
of s 66 (Offences as to dealing with water) 6
Amendment
Clause 157.(1) Section 66(1), penalty, `30'-- 7
omit, insert-- 8
`200'. 9
(2) Section 66(5), penalty, `15'-- 10
omit, insert-- 11
`200'. 12
of s 67 (Powers of chief executive with respect to 13
Amendment
unauthorised works) 14
Clause 158. Section 67(2), penalty-- 15
omit, insert-- 16
`Maximum penalty-- 17
(a) 400 penalty units, if the person is convicted of an offence of 18
failing to comply with a notice about a referable dam; or 19
(b) 200 penalty units, in any other case.'. 20
of s 68 (Definitions) 21
Amendment
Clause 159. Section 68, definition "placing of fill", `watercourse'-- 22
omit, insert-- 23
`watercourse, lake or spring'. 24
s 160 83 s 161
Natural Resources and Other Legislation
Amendment
of s 70 (Destruction of vegetation, excavation or placing 1
Amendment
of fill) 2
Clause 160.(1) Section 70(1), `watercourse'-- 3
omit, insert-- 4
`watercourse, lake or spring'. 5
(2) Section 70(1), penalty-- 6
omit, insert-- 7
`Maximum penalty--400 penalty units.'. 8
(3) Section 70(2)(a) and (b)-- 9
renumber as section 70(2)(b) and (c). 10
(4) Section 70(2)-- 11
insert-- 12
`(a) destruction of vegetation, excavation or placing of fill, in a lake or 13
spring by a person if the lake or spring-- 14
(i) is wholly contained in the person's land; and 15
(ii) for a lake--does not have a watercourse flowing into or 16
from the lake, that passes through or past the land owned or 17
occupied by someone else; or'. 18
(5) Section 70(2)(b)(iv) and (v) (as renumbered)-- 19
omit, insert-- 20
`(iv) in a watercourse, lake or spring prescribed under a 21
regulation; or 22
(v) in a watercourse, lake or spring in an area prescribed under a 23
regulation; or'. 24
of s 71 (Permit to destroy vegetation or to excavate or fill) 25
Amendment
Clause 161.(1) Section 71(1)-- 26
omit, insert-- 27
`71.(1) A person may apply to the chief executive for a permit to do any 28
s 162 84 s 162
Natural Resources and Other Legislation
Amendment
or all of the following activities-- 1
(a) destroy vegetation in a watercourse, lake or spring; 2
(b) excavate in a watercourse, lake or spring; 3
(c) place fill in a watercourse, lake or spring. 4
`(1A) If the applicant is not the owner of land that wholly contains the 5
watercourse, lake or spring or that part of the watercourse, lake or spring 6
where the activity is to take place, the application must include the written 7
consent of all owners of land-- 8
(a) wholly containing a length of the watercourse in which the 9
activity is to take place, or a part of the lake or spring where the 10
activity is to take place; or 11
(b) abutting the watercourse, lake or spring, where the activity is to 12
take place.'. 13
(2) Section 71(3)-- 14
omit, insert-- 15
`(3) The chief executive, by written notice to the applicant, may require 16
the applicant to give to the chief executive further documents, information 17
or particulars about the proposed activity as stated in the notice, including, 18
for example, a statement of environmental effects and, if subsection (1A) 19
applies, copies of the written consents of all the relevant owners.'. 20
of s 72 (Matters to be considered by chief executive) 21
Amendment
Clause 162. Section 72(1)(d) and (e) and (2)(a), `watercourse'-- 22
omit, insert-- 23
`watercourse, lake or spring'. 24
s 163 85 s 165
Natural Resources and Other Legislation
Amendment
of s 73 (Cancellation of permit or amendment of terms of 1
Amendment
permit) 2
Clause 163. Section 73(1)(b),`watercourse'-- 3
omit, insert-- 4
`watercourse, lake or spring'. 5
of s 74 (Suspension of permit in exceptional 6
Amendment
circumstances) 7
Clause 164.(1) Section 74(2),`watercourse'-- 8
omit, insert-- 9
`watercourse, lake or spring'. 10
(2) Section 74(3), penalty-- 11
omit, insert-- 12
`Maximum penalty--400 penalty units.'. 13
of s 76 (Notice to stop activities etc.) 14
Replacement
Clause 165. Section 76-- 15
omit, insert-- 16
to stop, or not engage in, a stated activity 17
`Notice
`76.(1) This section applies if-- 18
(a) it appears to the chief executive or an authorised officer that a 19
person is engaging in, or is about to engage in-- 20
(i) destroying vegetation in a watercourse, lake or spring; or 21
(ii) excavating in a watercourse, lake or spring; or 22
(iii) placing fill in a watercourse, lake or spring; and 23
(b) a permit under this division is required, but has not been obtained, 24
for the activity. 25
`(2) The chief executive or authorised officer may give written notice to 26
s 166 86 s 166
Natural Resources and Other Legislation
Amendment
the person requiring the person to stop, or not to engage in, the activity 1
stated in the notice. 2
`(3) The person must stop, or not engage in, the activity stated in the 3
notice. 4
Maximum penalty--200 penalty units. 5
`(4) A penalty may be imposed under subsection (3) for an activity even 6
if-- 7
(a) a penalty is imposed under section 70 for the activity; or 8
(b) an enforcement injunction is obtained under part 11, 9
division 1B.25'. 10
of s 77 (Notice to remove vegetation etc.) 11
Amendment
Clause 166.(1) Section 77(1)(b), after `to the chief executive'-- 12
insert-- 13
`or an authorised officer'. 14
(2) Section 77(1)(b), `watercourse'-- 15
omit, insert-- 16
`watercourse, lake or spring'. 17
(3) Section 77(1), `may give'-- 18
omit, insert-- 19
`or the authorised officer may give'. 20
(4) Section 77(2), penalty-- 21
omit, insert-- 22
`Maximum penalty--200 penalty units.'. 23
(5) Section 77(3), after `chief executive'-- 24
25 Section 70 creates offences for destroying vegetation etc. Under part 11,
division 1B an injunction may be obtained if a person contravenes a notice under
section 76(1).
s 167 87 s 169
Natural Resources and Other Legislation
Amendment
insert-- 1
`or authorised officer'. 2
(6) Section 77(3), `watercourse'-- 3
omit, insert-- 4
`watercourse, lake or spring'. 5
(7) Section 77(4) and (5), after `chief executive'-- 6
insert-- 7
`or authorised officer'. 8
of s 93 (Requirements by chief executive as to referable 9
Amendment
dam) 10
Clause 167. Section 93(4), penalty, `200'-- 11
omit, insert-- 12
`400'. 13
of s 156 (Power to make by-laws) 14
Amendment
Clause 168. Section 156(2)(a), `20'-- 15
omit, insert-- 16
`50'. 17
of s 194 (Prohibition on voting by member having 18
Amendment
pecuniary interest) 19
Clause 169. Section 194(1), penalty, `20'-- 20
omit, insert-- 21
`50'. 22
s 170 88 s 173
Natural Resources and Other Legislation
Amendment
of s 213 (Obstruction of member of board, officer or 1
Amendment
other person) 2
Clause 170. Section 213, penalty, `20'-- 3
omit, insert-- 4
`200'. 5
of s 218 (Obstruction of officer or other person) 6
Amendment
Clause 171. Section 218, penalty, `20'-- 7
omit, insert-- 8
`200'. 9
of s 222 (Prohibition as to taking water on non-payment 10
Amendment
of charges therefor) 11
Clause 172. Section 222(3), penalty-- 12
omit, insert-- 13
`Maximum penalty for subsection (3)--200 penalty units.'. 14
of s 223 (Unlawful taking, getting or removal of quarry 15
Amendment
material) 16
Clause 173.(1) Section 223(1), penalty, `20'-- 17
omit, insert-- 18
`400'. 19
(2) Section 223-- 20
insert-- 21
`(3) On conviction for an offence against subsection (1), the court may 22
order the offender to pay to the chief executive, in addition to any penalty 23
imposed, the cost of any remedial work or rehabilitation necessary or 24
desirable because of the commission of the offence.'. 25
s 174 89 s 175
Natural Resources and Other Legislation
Amendment
of s 224 (Contravention of or failure to comply with 1
Replacement
terms of a licence or permit) 2
Clause 174.(1) Section 224-- 3
omit, insert-- 4
of licences and certain permits 5
`Contravention
`224.(1) A person must not contravene a licence. 6
Maximum penalty-- 7
(a) 400 penalty units, if the person is convicted of an offence about 8
contravening a licence involving a referable dam; or 9
(b) 200 penalty units, in any other case. 10
`(2) A person must not contravene a permit under section 58 or 71. 11
Maximum penalty--200 penalty units. 12
`(3) A person must not contravene a permit under section 56(1) or 57. 13
Maximum penalty for subsection (3)--50 penalty units.'. 14
of new pt 11, divs 1A and 1B 15
Insertion
Clause 175. Part 11, after section 224-- 16
insert-- 17
`Division 1A--Enforcement powers of authorised officers and police 18
officers 19
to require name and address 20
`Power
`224A.(1) An authorised officer may require a person to state the 21
person's name and address if the authorised officer-- 22
(a) finds the person committing an offence against this Act; or 23
(b) finds the person in circumstances that lead, or has information 24
that leads, the authorised officer to suspect on reasonable grounds 25
s 175 90 s 175
Natural Resources and Other Legislation
Amendment
that the person has committed an offence against this Act.26 1
(2) When making the requirement, the authorised officer must warn the 2
person that it is an offence against this Act to fail to state the person's name 3
and address, unless the person has a reasonable excuse. 4
(3) The authorised officer may require the person to give evidence of the 5
correctness of the person's name or address if the authorised officer 6
suspects on reasonable grounds that the name or address given is false.27 7
(4) A police officer may arrest a person without a warrant if the police 8
officer believes on reasonable grounds that-- 9
(a) the person has not complied with an authorised officer's 10
requirement under subsection (1) or (3); and 11
(b) proceedings by way of complaint and summons against the 12
person for an offence under section 224D would be ineffective. 13
to require answers to questions 14
`Power
`224B.(1) This section applies if an authorised officer suspects, on 15
reasonable grounds, that-- 16
(a) an offence against this Act has happened; and 17
(b) a person may be able to give information about the offence. 18
`(2) The authorised officer may require the person to answer a question 19
about the offence.28 20
`(3) When making the requirement, the authorised officer must warn the 21
person it is an offence to fail to comply with the requirement, unless the 22
person has a reasonable excuse. 23
26 It is an offence against section 224D(1) to fail to comply with the requirement
unless the person has a reasonable excuse for not complying with it.
27 It is an offence against section 224D(2) to fail to comply with the requirement
unless the person has a reasonable excuse for not complying with it.
28 It is an offence against section 224E(2) to fail to comply with the requirement
unless the person has a reasonable excuse for not complying with it.
s 175 91 s 175
Natural Resources and Other Legislation
Amendment
to require production of documents 1
`Power
`224C.(1) An authorised officer may require a person to produce a 2
document required to be held or kept by the person under this Act to the 3
authorised officer for inspection.29 4
`(2) The authorised officer may keep a produced document to take an 5
extract from, or make a copy of, the document. 6
`(3) The authorised officer must return the document to the person as 7
soon as practicable after taking the extract or making the copy. 8
to give name and address etc. 9
`Failure
`224D.(1) A person who is required by an authorised officer under 10
section 224A(1)30 to state the person's name or address must comply with 11
the requirement, unless the person has a reasonable excuse for not 12
complying with it. 13
Maximum penalty--50 penalty units. 14
`(2) A person who is required by an authorised officer under 15
section 224A(3) to give evidence of the correctness of a name or address 16
must give the evidence, unless the person has a reasonable excuse for not 17
complying with it. 18
Maximum penalty--50 penalty units. 19
`(3) A person does not commit an offence against this section if-- 20
(a) the authorised officer required the person to state the person's 21
name and address on suspicion of the person having committed 22
an offence against this Act; and 23
(b) the person is not proved to have committed the offence. 24
29 It is an offence against section 224F to fail to comply with the requirements
unless the person has a reasonable excuse for not complying with it.
30 Section 224 (Power to require name and address)
s 175 92 s 175
Natural Resources and Other Legislation
Amendment
to answer questions 1
`Failure
`224E.(1) This section applies if an authorised officer requires a person 2
under section 224B(1) to answer a question. 3
`(2) The person must comply with the requirement, unless the person 4
has a reasonable excuse for not complying with it. 5
Maximum penalty--50 penalty units. 6
`(3) It is a reasonable excuse for the person to fail to answer the question 7
if complying with the requirement might tend to incriminate the person. 8
`(4) The person does not commit an offence against this section if the 9
information sought by the authorised officer is not in fact relevant to the 10
offence. 11
to produce documents 12
`Failure
`224F. A person who is required under section 224C31 to produce a 13
document must comply with the requirement, unless the person has a 14
reasonable excuse for not complying with it. 15
Maximum penalty--50 penalty units. 16
misleading or incomplete documents 17
`False,
`224G.(1) A person must not give to the chief executive or an authorised 18
officer a document containing information that the person knows is false, 19
misleading or incomplete in a material particular. 20
Maximum penalty--200 penalty units. 21
`(2) Subsection (1) does not apply to a person who, when giving the 22
document-- 23
(a) informs the chief executive or authorised officer of the extent to 24
which the document is false, misleading or incomplete; and 25
(b) gives the correct information to the chief executive or authorised 26
officer if the person has, or can reasonably obtain, the correct 27
31 Section 224C (Power to require production of documents)
s 175 93 s 175
Natural Resources and Other Legislation
Amendment
information. 1
`(3) It is enough for a complaint for an offence against subsection (1) to 2
state the document was false, misleading or incomplete to the person's 3
knowledge. 4
or misleading information 5
`False
`224H.(1) A person must not state anything to an authorised officer that 6
the person knows is false or misleading in a material particular. 7
Maximum penalty--200 penalty units. 8
`(2) It is enough for a complaint for an offence against subsection (1) to 9
state the statement made was false or misleading to the person's 10
knowledge. 11
of authorised officer 12
`Impersonation
`224I. A person must not pretend to be an authorised officer. 13
Maximum penalty--200 penalty units. 14
1B--Enforcement of certain notices 15
`Division
for div 1B 16
`Definitions
`224J. In this division-- 17
"compliance section" means section 64A or 76. 18
"court" means the Supreme Court. 19
"enforcement injunction" means an injunction under section 224K. 20
"involved person", for a contravention, means a person involved in the 21
contravention who-- 22
(a) has aided, abetted, counselled or procured the contravention; or 23
(b) has induced the contravention (whether through threats, promises 24
or another way); or 25
s 175 94 s 175
Natural Resources and Other Legislation
Amendment
(c) has been in any way (directly or indirectly) knowingly concerned 1
in, or a party to, the contravention; or 2
(d) has conspired with others to effect the contravention. 3
to enforce notice under compliance section 4
`Orders
`224K.(1) This section applies if, on the application of the chief executive 5
or an authorised officer, the court is satisfied that a person has engaged, is 6
engaging, or proposes to engage, in conduct constituting a contravention of 7
a notice under a compliance section. 8
`(2) The court may make all or any of the following orders-- 9
(a) an order granting an injunction, on terms the court considers 10
appropriate-- 11
(i) restraining the person from engaging in the conduct; or 12
(ii) if the conduct involves failing to do something--requiring 13
the person to do the thing; 14
(b) an order directing the person to compensate the State for loss or 15
damage suffered because of the contravention; 16
(c) another order the court considers appropriate. 17
`(3) If the court has power under subsection (2) to grant an injunction 18
restraining a person from engaging in particular conduct, or requiring a 19
person to do anything, the court may make any other order (including 20
granting an injunction) it considers appropriate against an involved person 21
for the contravention concerned. 22
injunctions 23
`Consent
`224L. On an application for an enforcement injunction, the court may 24
grant the injunction by consent of all of the parties to the proceeding 25
(whether or not the court is satisfied that the section under which the 26
application is made applies). 27
s 175 95 s 175
Natural Resources and Other Legislation
Amendment
injunctions 1
`Interim
`224M.(1) The court may grant an interim injunction pending 2
determination of an application for an enforcement injunction. 3
(2) However, the court must not require the chief executive, authorised 4
officer or another person, as a condition of granting an interim injunction, to 5
give an undertaking as to damages. 6
relevant to granting restraining injunction 7
`Factors
`224N. The court may grant an enforcement injunction restraining a 8
person from engaging in conduct whether or not-- 9
(a) it appears to the court that the person intends to engage again, or 10
to continue to engage, in conduct of that kind; or 11
(b) the person has previously engaged in conduct of that kind; or 12
(c) there is an imminent danger of substantial damage-- 13
(i) to someone else if the person fails to do the thing; or 14
(ii) to a watercourse, lake or spring, or to vegetation, if the 15
person engages in conduct of that kind. 16
relevant to granting mandatory injunction 17
`Factors
`224O. The court may grant an enforcement injunction requiring a 18
person to do a thing whether or not-- 19
(a) it appears to the court that the person intends to fail again, or to 20
continue to fail, to do the thing; or 21
(b) the person has previously failed to do the thing; or 22
(c) there is an imminent danger of substantial damage-- 23
(i) to someone else if the person fails to do the thing; or 24
(ii) to a watercourse, lake or spring, or to vegetation, if the 25
person engages in conduct of that kind. 26
s 176 96 s 179
Natural Resources and Other Legislation
Amendment
or variation of injunction or order 1
`Discharge
`224P. The court may discharge or vary an injunction or order granted or 2
made under this division.'. 3
of s 225 (Trespass and unlawful occupation) 4
Amendment
Clause 176. Section 225(2), penalty, `15'-- 5
omit, insert-- 6
`50'.Clause 7
of s 233 (Unlawful construction of works or interference 8
Amendment
with works) 9
Clause 177. Section 233(1), (2) and (3), penalty, `20'-- 10
omit, insert-- 11
`200'. 12
of s 234 (Powers of chief executive where obstruction 13
Amendment
causes collection of water on railway, tramway or public road or 14
public nuisance) 15
Clause 178. Section 234(3), penalty, `15'-- 16
omit, insert-- 17
`200'. 18
of s 250 (Approval of forms) 19
Amendment
Clause 179. Section 250, `approved'-- 20
omit, insert-- 21
`approve'. 22
s 180 97 s 180
Natural Resources and Other Legislation
Amendment
of new ss 253--255 1
Insertion
Clause 180. Before the schedule-- 2
insert-- 3
declared under a regulation 4
`Localities
`253.(1) This section applies to a locality that, immediately before the 5
commencement of this section, was a locality to which provisions of the 6
Act about subartesian bores applied. 7
`(2) The locality is taken to be a declared subartesian area. 8
`(3) This section expires 1 year after it commences. 9
to construct bore etc. 10
`Licence
`254.(1) This section applies if, within 2 years before the commencement 11
of this section-- 12
(a) a person was granted a licence for the construction of an artesian 13
or subartesian bore, or enlarging, deepening or altering an existing 14
bore, on the person's land; and 15
(b) the terms of the licence included a requirement for the person to 16
give to the chief executive information about the construction, 17
enlargement, deepening or alteration. 18
`(2) The person is excused from complying with the requirement if the 19
holder of the driller's licence gives to the chief executive a copy of the 20
information from the driller's log about the drilling of the borehole for the 21
construction, enlargement, deepening or alteration of the bore. 22
`(3) This section expires 2 years after it commences. 23
licences 24
`Driller's
`255.(1) This section applies to a driller's licence issued under section 53 25
before the commencement of this section that has not expired before the 26
commencement. 27
s 180 98 s 180
Natural Resources and Other Legislation
Amendment
`(2) The licence continues to have effect as if it had been issued under 1
section 4332 until 1 year after the day the licence took effect. 2
`(3) This section expires 1 year after it commences.'. 3
4
© State of Queensland 1997
32 Section 43 (Inquiry by chief executive and grant or refusal of application)
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