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Queensland
NATURAL RESOURCES
LEGISLATION
AMENDMENT BILL 1997
Queensland
NATURAL RESOURCES LEGISLATION
AMENDMENT BILL 1997
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
PART 2--AMENDMENT OF LAND ACT 1994
3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Amendment of s 155 (Length of term leases) . . . . . . . . . . . . . . . . . . . . . . . . 7
5 Insertion of new ch 8, pt 7, div 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Division 2A--Further opportunity to convert certain perpetual
town leases, that were previously miners homesteads, to freehold
503A Objective . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
503B Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
503C Who may apply under this division . . . . . . . . . . . . . . . . . . . . . . . . . . 8
503D Time within which application must be made . . . . . . . . . . . . . . . . . 8
503E How application is dealt with . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
503F Lapse of offer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
503G Surrender of existing lease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
503H Existing encumbrances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
503I Credit for rent paid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
PART 3--AMENDMENT OF VALUATION OF LAND ACT 1944
6 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
7 Amendment of s 2 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
8 Replacement of s 25 (Valuation of subdivided land) . . . . . . . . . . . . . . . . . . 10
25 Valuation--discounting for subdivided land . . . . . . . . . . . . . . . . . . . 10
2
Natural Resources Legislation Amendment
9 Amendment of s 34 (Lands to be included in 1 valuation) . . . . . . . . . . . . . 12
10 Insertion of new ss 96A and 96B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
96A Approved subdivider's certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
96B Objection to, and appeal against, chief executive's decision . . . . . 13
11 Insertion of new s 100 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
100 Transitional--valuation of subdivided land under s 25 . . . . . . . . . . . 14
PART 4--AMENDMENT OF WATER RESOURCES ACT 1989
12 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
13 Amendment of title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
14 Amendment of s 2 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
15 Amendment of s 15 (Power of corporation to supply water by
agreement) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
16 Amendment of s 43 (Inquiry by chief executive and grant or
refusal of application) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
17 Amendment of s 44 (Licences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
18 Amendment of s 51 (Appeal to Land Court) . . . . . . . . . . . . . . . . . . . . . . . . . 17
19 Amendment of s 79 (Purpose of this part) . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
20 Amendment of s 80 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
21 Amendment of s 83 (Inquiry before publication of notice of
intention to sell) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
22 Amendment of s 84 (Persons who are eligible to give objections) . . . . . . . 19
23 Amendment of s 85 (Chief executive must inquire into objections) . . . . . . 19
24 Amendment of s 86 (Chief executive may amend notice of
intention to sell) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
25 Amendment of s 90 (Issue of licence on sale of entitlement) . . . . . . . . . . . 20
26 Insertion of new s 90A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
90A Entering into agreement on sale of entitlement . . . . . . . . . . . . . . . . 20
27 Amendment of s 91 (Control of safety of referable dams) . . . . . . . . . . . . . . 20
28 Amendment of s 92 (Power of chief executive to declare certain
works or proposed works to be a referable dam) . . . . . . . . . . . . . . . . . . . . . . 21
29 Amendment of s 93 (Requirements of chief executive as to
referable dam) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
30 Amendment of s 222 (Prohibition as to taking water on
non-payment of charges therefor) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
31 Omission of ss 227 and 228 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
3
Natural Resources Legislation Amendment
32 Amendment of s 232 (Person may sell right to nominal allocation) . . . . . . 21
33 Insertion of new pt 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
PART 12--TRANSITIONAL PROVISIONS
252 Transitional provision for Natural Resources Amendment
Legislation Act 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
34 Amendment of sch . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
23A Recovery of charges for water . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
28A Carryovers and forward draws of water allocations . . . . . . . . . . . . . . 23
1997
A BILL
FOR
An Act to amend legislation about natural resources, and for related
purposes
s1 6 s3
Natural Resources 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 Legislation 4
Amendment Act 1997. 5
6
Commencement
Clause 2.(1) Part 31 commences or is taken to have commenced on 1 July 1997. 7
(2) Part 4,2 other than sections 30, 31 and 33, 3 commences on date of 8
assent. 9
(3) The remaining provisions of this Act commence on a day to be fixed 10
by proclamation. 11
PART 2--AMENDMENT OF LAND ACT 1994 12
amended in pt 2 13
Act
Clause 3. This part amends the Land Act 1994. 14
1 Part 3 (Amendment of Valuation of Land Act 1944)
2 Part 4 (Amendment of Water Resources Act 1989)
3 Sections 30 (Amendment of s 222 (Prohibition as to taking water on
non-payment of charges therefor)), 31 (Omission of ss 227 and 228) and
33 (Insertion of new pt 12)
s4 7 s5
Natural Resources Legislation Amendment
of s 155 (Length of term leases) 1
Amendment
Clause 4. Section 155(2)-- 2
omit, insert-- 3
`(2) However, a term lease may be issued for up to 100 years if it is 4
for-- 5
(a) a significant development; or 6
(b) a timber plantation; or 7
(c) a development that involves existing improvements that in the 8
opinion of the Minister have required a high level of investment.'. 9
of new ch 8, pt 7, div 2A 10
Insertion
Clause 5. After section 503-- 11
insert-- 12
2A--Further opportunity to convert certain perpetual town 13
`Division
leases, that were previously miners homesteads, to freehold 14
15
`Objective
`503A. The object of this division is to give an opportunity to lessees of 16
certain perpetual town leases (non-competitive leases), to convert their 17
tenures to freehold. 18
19
`Definitions
`503B. In this division-- 20
"miners homestead" has the meaning given in division 2 but does not 21
include a special perpetual mining purposes lease that commenced on 22
or after 1 January 1995. 23
"repealed miners homestead Acts" has the meaning given in division 2. 24
"special perpetual mining purposes lease" means a special perpetual 25
mining purposes lease issued under the Commonwealth Aluminium 26
Corporation Pty. Limited Agreement Act 1957, the Alcan Queensland 27
s5 8 s5
Natural Resources Legislation Amendment
Pty. Limited Agreement Act 1965 or the Aurukun Associates 1
Agreement Act 1975. 2
may apply under this division 3
`Who
`503C.(1) This section applies to a perpetual town lease (non-competitive 4
lease) that was previously a miners homestead. 5
`(2) The lessee may apply to convert the lease to freehold. 6
within which application must be made 7
`Time
`503D. The application must be given to the chief executive before 8
1 February 1998. 9
application is dealt with 10
`How
`503E.(1) The application must be dealt with as if-- 11
(a) the repealed miners homestead Acts had not been repealed; and 12
(b) the application were made under the Mining Titles Freeholding 13
Act 1980; and 14
(c) the lease were a miners homestead. 15
`(2) However, if a mining titles freeholding lease would have issued 16
under the repealed miners homestead Acts a pre-Wolfe freeholding lease is 17
to be issued instead. 18
`(3) A perpetual town lease (non-competitive lease) that was previously a 19
miners homestead is to be treated as a miners homestead for the purposes 20
only of an application under subsection (1). 21
of offer 22
`Lapse
`503F.(1) An offer to convert the lease to freehold is valid for 3 months. 23
`(2) An offer must be accepted in writing. 24
`(3) If an offer is not accepted or rejected in writing within the stated 25
time, the offer lapses. 26
s6 9 s6
Natural Resources Legislation Amendment
`(4) The Minister, before or after the offer lapses, may extend the time 1
stated in the offer. 2
of existing lease 3
`Surrender
`503G. If a lessee accepts an offer to convert to freehold, the lessee must 4
surrender the existing lease before the new tenure is issued. 5
encumbrances 6
`Existing
`503H. The new tenure is subject to all encumbrances to which the 7
existing lease was subject and in the same priorities. 8
for rent paid 9
`Credit
`503I.(1) If an application to convert to freehold is approved, the 10
following amounts are credited to the cost of freeholding-- 11
(a) rent paid on the perpetual town lease (non-competitive lease) in 12
excess of the amount that would have been payable if the lease 13
had remained a miners homestead; and 14
(b) rent paid for the period after the application was lodged. 15
`(2) If the rent paid is more than the cost of freeholding, the overpaid 16
amount must be refunded to the lessee together with interest at the rate 17
prescribed under a regulation. 18
`(3) The interest is payable from the date the excess rent was received to 19
the day the amount of the excess is refunded.'. 20
ART 3--AMENDMENT OF VALUATION OF LAND 21
P
ACT 1944 22
amended in pt 3 23
Act
Clause 6. This part amends the Valuation of Land Act 1944. 24
s7 10 s8
Natural Resources Legislation Amendment
of s 2 (Definitions) 1
Amendment
Clause 7. Section 2-- 2
insert-- 3
` "approved subdivider", of land, means a person who has been issued an 4
approved subdivider's certificate for the land. 5
"approved subdivider's certificate", for land, see section 96A(1).4'. 6
of s 25 (Valuation of subdivided land) 7
Replacement
Clause 8. Section 25-- 8
omit, insert-- 9
for subdivided land 10
`Valuation--discounting
`25.(1) This section applies to a parcel of land ("parcel") if-- 11
(a) the parcel is 1 of the parts into which land has been subdivided; 12
and 13
(b) the person who subdivided the land ("subdivider") is-- 14
(i) an approved subdivider for the land; and 15
(ii) the owner of the parcel; and 16
(c) the parcel is vacant land. 17
`(2) For making and levying rates on the parcel under a rating Act for the 18
discounted valuation period, the rating authority must cause the unimproved 19
value of the parcel to be discounted by the percentage prescribed under a 20
regulation. 21
`(3) For the Local Government Act 1993, section 6235 and the City of 22
Brisbane Act 1924, section 706 a change or alteration in the unimproved 23
value of the parcel is taken to happen when the discounted valuation period 24
ends. 25
4 Section 96A (Approved subdivider's certificate)
5 Section 623 (Change in unimproved value of land)
6 Section 70 (Levy of rate on alteration in unimproved value etc.)
s8 11 s8
Natural Resources Legislation Amendment
`(4) For calculating the rate levied on the parcel after the change under the 1
Local Government Act 1993, section 623-- 2
(a) the previous unimproved value of the land is taken to be the 3
unimproved value of the parcel as discounted under 4
subsection (2); and 5
(b) the new unimproved value of the land is taken to be the 6
unimproved value of the parcel without regard to the discount. 7
`(5) For adjusting the amount of a rate levied by the council on the parcel 8
after the change under the City of Brisbane Act 1924, section 707-- 9
(a) the unimproved value of the land is taken to be the unimproved 10
value of the parcel as discounted under subsection (2); and 11
(b) the altered unimproved value of the land is taken to be the 12
unimproved value of the parcel without regard to the discount. 13
`(6) This section does not affect the operation of section 17.8 14
`(7) In this section-- 15
"discounted valuation period", for a parcel of land, means the period 16
starting when the land of which the parcel was a part was subdivided 17
and ending on the earlier of the following days-- 18
(a) 30 June in the year immediately following the financial year in 19
which the land of which the parcel was a part was subdivided; 20
(b) the day on which there is a change in the ownership of the parcel; 21
(c) the day the parcel stops being vacant land. 22
"rating Act" means-- 23
(a) the City of Brisbane Act 1924; or 24
(b) the Local Government Act 1993. 25
"rating authority" means the local government in whose area the parcel is 26
located.'. 27
7 Section 70 (Levy of rate on alteration in unimproved value etc.)
8 Section 17 (Exclusive use for single dwelling house or farming)
s9 12 s 10
Natural Resources Legislation Amendment
of s 34 (Lands to be included in 1 valuation) 1
Amendment
Clause 9. Section 34-- 2
insert-- 3
`(4) In this section-- 4
"parcel" does not include a parcel the unimproved value of which must be 5
discounted under section 25.9'. 6
of new ss 96A and 96B 7
Insertion
Clause 10. After section 96-- 8
insert-- 9
subdivider's certificate 10
`Approved
`96A.(1) A person who subdivides land may, for the purposes of 11
section 25,10 apply to the chief executive for a certificate ("approved 12
subdivider's certificate") for the land. 13
`(2) The chief executive may approve the application only if the chief 14
executive is satisfied that the person is subdividing the land for the purpose 15
of selling all or part of the subdivided land for profit. 16
`(3) The application must be-- 17
(a) made in the approved form; and 18
(b) given to the chief executive before the land is subdivided or as 19
soon as practicable after the land is subdivided; and 20
(c) accompanied by enough information to enable the chief executive 21
to decide whether or not the person is subdividing the land for the 22
purpose of selling all or part of the subdivided land for profit. 23
`(4) The chief executive may require the person to provide, within a 24
stated reasonable time, the additional information the chief executive 25
reasonably needs to enable the chief executive to make the decision 26
mentioned in subsection (3)(c). 27
9 Section 25 (Valuation--discounting for subdivided land)
10 Section 25 (Valuation--discounting for subdivided land)
s 10 13 s 10
Natural Resources Legislation Amendment
`(5) The person must provide the additional information within the time, 1
not less than 14 days, stated in the request. 2
`(6) If the person fails to provide the additional information, the person is 3
taken to have withdrawn the request immediately after the stated time ends. 4
`(7) The chief executive must consider the application and approve or 5
refuse to approve it within 42 days. 6
`(8) If the chief executive approves the application, the chief executive 7
must issue to the applicant an approved subdivider's certificate. 8
`(9) If the chief executive refuses to issue the certificate, the chief 9
executive must notify the person as soon as practicable after the decision is 10
made. 11
`(10) If the certificate is issued after the land is subdivided, it is taken to 12
have been issued when the land is subdivided. 13
to, and appeal against, chief executive's decision 14
`Objection
`96B.(1) A person who is dissatisfied with the chief executive's decision 15
under section 96A may object to the decision under subsection (2). 16
`(2) The objection must be lodged in writing with the chief executive 17
within 42 days after the person is notified of the chief executive's decision. 18
`(3) Sections 53 and 5411 apply to the objection with all necessary 19
changes. 20
`(4) A person who has objected to a decision under subsection (2) may, 21
if dissatisfied with the chief executive's decision on the objection, appeal to 22
the Land Court under subsection (5). 23
`(5) The appeal must be started within 42 days after the person is notified 24
of the chief executive's decision on the objection. 25
11 Sections 53 (Consideration of objections) and 54 (Notice to objector)
s 11 14 s 11
Natural Resources Legislation Amendment
`(6) Sections 56 to 6512 and section 6713 apply to the appeal with all 1
necessary changes. 2
`(7) The Land Court or, on the appeal, the Land Appeal Court may-- 3
(a) confirm the chief executive's decision; or 4
(b) vary the decision; or 5
(c) set aside the decision and substitute another decision the chief 6
executive could have made. 7
`(8) The Land Court or Land Appeal Court may make the order for costs 8
it considers appropriate.'. 9
of new s 100 10
Insertion
Clause 11. After section 99-- 11
insert-- 12
of subdivided land under s 25 13
`Transitional--valuation
`100.(1) This section applies to land valued as a single parcel under 14
section 2514 as in force immediately before 1 July 1997. 15
`(2) Despite the repeal of section 25, that section continues to apply to the 16
land until 1 July 1998. 17
`(3) This section expires on 1 July 1998.'. 18
12 Sections 56 (How to start appeal), 57 (Late filing), 58 (Defect in notice of
appeal--action of registrar), 59 (Defect in notice of appeal--action of Land
Court), 60 (Jurisdiction not affected by failure to serve chief executive),
61 (Defect in notice of appeal served on chief executive), 62 (Costs of
adjournment), 63 (Constitution of Land Court at first instance), 64 (Appeal to
Land Appeal Court) and 65 (Appeal to Court of Appeal)
13 Section 67 (Practice and procedure for appeals)
14 Section 25 (Valuation of subdivided land)
s 12 15 s 15
Natural Resources Legislation Amendment
ART 4--AMENDMENT OF WATER RESOURCES 1
P
ACT 1989 2
amended in pt 4 3
Act
Clause 12. This part amends the Water Resources Act 1989. 4
of title 5
Amendment
Clause 13. Title, after `surveillance of'-- 6
insert-- 7
`referable'. 8
of s 2 (Interpretation) 9
Amendment
Clause 14. Section 2(3), `affect or affects directly the safety of the referable 10
dam'-- 11
omit, insert-- 12
`ensure the safety of the referable dam and the protection of life or 13
property that would or could be endangered by the uncontrolled loss or 14
release of water or hazardous waste caused by the collapse or failure of the 15
referable dam'. 16
of s 15 (Power of corporation to supply water by 17
Amendment
agreement) 18
Clause 15. Section 15(3)-- 19
omit, insert-- 20
`(3) However, the terms of the agreement must-- 21
(a) for a secondary supply agreement--comply with terms approved 22
by the Governor in Council for that type of secondary supply 23
agreement; or 24
(b) otherwise--be approved by the Governor in Council.'. 25
s 16 16 s 16
Natural Resources Legislation Amendment
of s 43 (Inquiry by chief executive and grant or refusal of 1
Amendment
application) 2
Clause 16.(1) Section 43(1), after `cause inquiry to be made'-- 3
insert-- 4
`into anything the chief executive considers appropriate, including any of 5
the following that are relevant to the application'. 6
(2) Section 43(1)(a) and (b), `into--'-- 7
omit. 8
(3) Section 43(1)(c)-- 9
omit, insert-- 10
`(c) if the application relates to an existing or proposed referable 11
dam-- 12
(i) the sufficiency of the dam to prevent the uncontrolled loss or 13
release of the water or hazardous waste contained by the 14
dam; and 15
(ii) the risk to life or property that would or could be endangered 16
by the uncontrolled loss or release of water or hazardous 17
waste caused by the collapse or failure of the referable dam; 18
and 19
(iii) the matters mentioned in paragraph (a) or (b), if either 20
paragraph applies to the application.'. 21
(4) Section 43, after subsection (1)-- 22
insert-- 23
`(1A) However, if the application relates to an existing or proposed 24
referable dam situated, or to be situated, neither on a watercourse, lake or 25
spring nor in a designated area, the chief executive need only cause inquiry 26
to be made into-- 27
(a) the matters mentioned in subsection (1)(c)(i) and (ii); and 28
(b) anything else the chief executive considers relevant, excluding the 29
matters mentioned in subsection (1)(a) and (b).'. 30
s 17 17 s 19
Natural Resources Legislation Amendment
(5) Section 43, `where'-- 1
omit, insert-- 2
`if'. 3
of s 44 (Licences) 4
Amendment
Clause 17. Section 44(1)(i), from `ensuring'-- 5
omit, insert-- 6
`ensuring the safety of a referable dam and the protection of life or 7
property that would or could be endangered by the uncontrolled loss or 8
release of water or hazardous waste caused by the collapse or failure of a 9
referable dam, this Act and the terms of the licence prevail.'. 10
of s 51 (Appeal to Land Court) 11
Amendment
Clause 18. Section 51(3)(c)-- 12
omit, insert-- 13
`(c) a referable dam, that is about the safety of the referable dam and 14
the protection of life or property that would or could be 15
endangered by the uncontrolled loss or release of water or 16
hazardous waste caused by the collapse or failure of the referable 17
dam.'. 18
of s 79 (Purpose of this part) 19
Amendment
Clause 19. Section 79, from `owners of land,'-- 20
omit, insert-- 21
`owners of land-- 22
(a) entitlements to enter into agreements under section 1515 to take 23
and use nominal allocations of water provided by the works; or 24
(b) entitlements to be issued licences under this part to take and use 25
nominal allocations of water provided by the works.'. 26
15 Section 15 (Power of corporation to supply water by agreement)
s 20 18 s 20
Natural Resources Legislation Amendment
of s 80 (Definitions) 1
Amendment
Clause 20.(1) Section 80, heading, after `Definitions'-- 2
insert-- 3
`for pt 5'. 4
(2) Section 80-- 5
insert-- 6
` "agreement party" means a person who enters into an agreement with 7
the corporation under section 1516 under an entitlement under this part. 8
"potential agreement" means an agreement that might be entered into 9
within the terms of a notice of intention to sell.'. 10
(3) Section 80, definition "entitlement", `to be issued a licence under 11
this part'-- 12
omit, insert-- 13
`to enter into an agreement with the corporation under section 15 17 or to 14
be issued a licence under this part'. 15
(4) Section 80, definition "entitlement information", paragraph (d)-- 16
omit, insert-- 17
`(d) the terms that may be included in a potential agreement or 18
potential licence, including, for example-- 19
(i) conditions about the subsequent sale of some or all of the 20
entitlements of the agreement party or licence holder; and 21
(ii) fees or charges that may be imposed in relation to the 22
agreement or licence; and 23
(iii) terms mentioned in section 1518 for an agreement under that 24
section or in section 44(1)19 for a licence; and'. 25
16 Section 15 (Power of corporation to supply water by agreement)
17 Section 15 (Power of corporation to supply water by agreement)
18 Section 15 (Power of corporation to supply water by agreement)
19 Section 44 (Licences)
s 21 19 s 24
Natural Resources Legislation Amendment
of s 83 (Inquiry before publication of notice of intention 1
Amendment
to sell) 2
Clause 21. Section 83(1), from `if an application'-- 3
omit, insert-- 4
`if applications were made under section 4220 for the issue of licences 5
relating to the water to be made available for sale under the notice of 6
intention to sell.'. 7
of s 84 (Persons who are eligible to give objections) 8
Amendment
Clause 22.(1) Section 84(a), from `to an application'-- 9
omit, insert-- 10
`if an application were made under section 4221 for any licence relating to 11
any of the water to be made available for sale under the notice of intention to 12
sell;'. 13
(2) Section 84(b), after `allocations for'-- 14
insert-- 15
`a potential agreement or'. 16
of s 85 (Chief executive must inquire into objections) 17
Amendment
Clause 23. Section 85(1), after `arising from'-- 18
insert-- 19
`the entering into of potential agreements or'. 20
of s 86 (Chief executive may amend notice of intention to 21
Amendment
sell) 22
Clause 24. Section 86(6)(a), after `available for'-- 23
20 Section 42 (Application for licence)
21 Section 42 (Application for licence)
s 25 20 s 27
Natural Resources Legislation Amendment
insert-- 1
`potential agreements or'. 2
of s 90 (Issue of licence on sale of entitlement) 3
Amendment
Clause 25. Section 90(1), after `entitlement'-- 4
insert-- 5
`to be issued a licence'. 6
of new s 90A 7
Insertion
Clause 26. After section 90-- 8
insert-- 9
into agreement on sale of entitlement 10
`Entering
`90A. On the sale of an entitlement to enter into an agreement under 11
section 15,22 the corporation may enter into an agreement under section 15 12
as required under the terms of the sale.'. 13
of s 91 (Control of safety of referable dams) 14
Amendment
Clause 27.(1) Section 91, heading, `of safety'-- 15
omit. 16
(2) Section 91(1), from `ensuring' to `thereof'-- 17
omit, insert-- 18
`ensuring the safety of a referable dam and the protection of life or 19
property that would or could be endangered by the uncontrolled loss or 20
release of water or hazardous waste caused by the collapse or failure of the 21
referable dam,'. 22
22 Section 15 (Power of corporation to supply water by agreement)
s 28 21 s 32
Natural Resources Legislation Amendment
of s 92 (Power of chief executive to declare certain works 1
Amendment
or proposed works to be a referable dam) 2
Clause 28. Section 92(1), from `ensuring' to `thereof'-- 3
omit, insert-- 4
`ensuring the safety of certain works and the protection of life or property 5
that would or could be endangered by the uncontrolled loss or release of 6
water or hazardous waste caused by the collapse or failure of the works'. 7
of s 93 (Requirements of chief executive as to referable 8
Amendment
dam) 9
Clause 29. Section 93(1)(b)(iii), from ` to ensure'-- 10
omit, insert-- 11
`as specified in the notice to ensure the safety of the referable dam and 12
the protection of life or property that would or could be endangered by the 13
uncontrolled loss or release of water or hazardous waste caused by the 14
collapse or failure of the referable dam.'. 15
of s 222 (Prohibition as to taking water on non-payment 16
Amendment
of charges therefor) 17
Clause 30. Section 222(1), `with respect thereto by section 228 or, as the case 18
requires, 229'-- 19
omit, insert-- 20
`for the charges under a regulation or, as the case requires, section 229'. 21
of ss 227 and 228 22
Omission
Clause 31. Sections 227 and 228-- 23
omit. 24
of s 232 (Person may sell right to nominal allocation) 25
Amendment
Clause 32. Section 232(4)-- 26
s 33 22 s 33
Natural Resources Legislation Amendment
omit, insert-- 1
`(4) A regulation may provide for, in relation to a sale under 2
subsection (2) or (3)-- 3
(a) the conditions that are to apply to the sale; and 4
(b) the making and levying of a charge by the chief executive to 5
recover the corporation's costs, expenses and losses resulting for 6
any reason from the sale. 7
`(4A) Without limiting subsection (4)(b), a charge for a sale under 8
subsection (2) or (3) levied under subsection (4)(b) may be for-- 9
(a) the corporation's administrative costs and expenses; and 10
(b) costs and expenses resulting from construction or maintenance of 11
headworks or other works; and 12
(c) losses of revenue to the corporation due to decrease in the use or 13
potential use of works or increased delivery costs; and 14
(d) costs, expenses or losses of the corporation over a future period; 15
and 16
(e) a part of the corporation's costs, expenses or losses resulting 17
from more than 1 sale under subsection (2) or (3) apportioned in 18
relation to the sale on any basis decided under a regulation.'. 19
of new pt 12 20
Insertion
Clause 33. After section 251-- 21
insert-- 22
ART 12--TRANSITIONAL PROVISIONS 23
`P
provision for Natural Resources Amendment 24
`Transitional
Legislation Act 1997 25
`252.(1) Despite the repeal of sections 227 and 22823 by the Natural 26
23 Sections 227 (Water charges) and 228 (Payment of water charge interest thereon
and recovery thereof)
s 34 23 s 34
Natural Resources Legislation Amendment
Resources Legislation Amendment Act 1997, those sections apply, as if they 1
had not been repealed, to a charge made and levied under section 227 before 2
its repeal. 3
`(2) Subsection (1) does not limit the Acts Interpretation Act 1954, 4
section 20.24'. 5
of sch 6
Amendment
Clause 34.(1) Schedule, item 23, `The fixing of the scale of'-- 7
omit, insert-- 8
`The making and levying, and the fixing of the scale or structure of,'. 9
(2) Schedule-- 10
insert-- 11
of charges for water 12
`Recovery
`23A. For charges levied under item 23-- 13
(a) persons required to pay the charges; and 14
(b) notification to persons required to pay the charges, including what 15
is taken to be sufficient notification; and 16
(c) discounts; and 17
(d) conditions of payment of charges; and 18
(e) recovery of unpaid charges; and 19
(f) under item 36, interest that must be paid if the charges are not 20
paid as required, conditions of payment and recovery of unpaid 21
interest. 22
and forward draws of water allocations 23
`Carryovers
`28A. For any nominal allocation-- 24
(a) the carryover of unused water from 1 period for which there is an 25
announced allocation to the next period; and 26
24 Section 20 (Saving of operation of repealed Act etc.)
s 34 24 s 34
Natural Resources Legislation Amendment
(b) the forward draw of water from 1 period for which there is or 1
will be an announced allocation into the previous period; and 2
(c) conditions, including charges under item 23, for the carryover or 3
forward draw of water.'. 4
© State of Queensland 1997
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