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Queensland
Primary Industries and Other
Acts Amendment Bill 2008
Queensland
Primary Industries and Other Acts
Amendment Bill 2008
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Part 2 Amendment of Rural and Regional Adjustment Act 1994
3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Replacement of s 3 (Object of Act) . . . . . . . . . . . . . . . . . . . . . . . 6
3 Object of Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
5 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 7
6 Amendment of s 8 (Authority's functions) . . . . . . . . . . . . . . . . . . . 7
7 Amendment of s 9 (Authority's powers) . . . . . . . . . . . . . . . . . . . . 8
8 Insertion of new s 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
10 Approved schemes. . . . . . . . . . . . . . . . . . . . . . . . . . . 8
9 Amendment of s 11 (Approved assistance schemes) . . . . . . . . . 8
10 Insertion of new s 11A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
11A Authorisation for interstate schemes . . . . . . . . . . . . . 8
11 Amendment of s 12 (Administering approved assistance
schemes) ...................................... 9
12 Amendment of s 13 (Funding of approved assistance schemes). 9
13 Amendment of s 13A (Who may apply for internal review). . . . . . 10
14 Insertion of new s 16D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
16D Delegation by non-appointed directors. . . . . . . . . . . . 10
15 Amendment of s 20 (Conduct of proceedings). . . . . . . . . . . . . . . 10
16 Amendment of s 44 (Regulations) . . . . . . . . . . . . . . . . . . . . . . . . 10
44 Regulation-making power'. . . . . . . . . . . . . . . . . . . . . . 11
Part 3 Amendment of Sugar Industry Act 1999
17 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Primary Industries and Other Acts Amendment Bill 2008
Contents
18 Amendment of s 63 (Access right to harvest and supply cane) . . 11
19 Amendment of s 64 (Land-holder may grant an access right) . . . 11
20 Replacement of s 65 (Commissioner may grant an access right) 12
65 Land Court may grant an access right . . . . . . . . . . . . 12
21 Omission of s 66 (Notice of decision). . . . . . . . . . . . . . . . . . . . . . 13
22 Omission of s 67 (Grant of access right takes effect on
registration) .................................... 13
23 Amendment of s 68 (Compensation on grant of access right) . . . 13
24 Replacement of ss 6971. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
70 Notification and recording of matters relating to
permits to pass . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
71 Notification and registration of matters relating to
cane railway easements . . . . . . . . . . . . . . . . . . . . . . . 15
25 Amendment of s 72 (Variation and cancellation of access right,
dispute resolution and enforcement) . . . . . . . . . . . . . . . . . . . . . . 16
26 Replacement of ss 73 and 74. . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
74 Rectification or reinstatement of land on cancellation
or variation of access right . . . . . . . . . . . . . . . . . . . . . 18
74A Enforcement of Land Court decisions . . . . . . . . . . . . 18
27 Amendment of s 75 (Construction etc. of railways, obstruction of
access right) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
28 Renumbering and relocation of s 108 (Minister may establish
advisory bodies) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
29 Omission of chs 4 and 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
30 Amendment of s 245 (Pooled export and domestic contract). . . . 20
31 Amendment of s 249 (Statutory declaration) . . . . . . . . . . . . . . . . 20
32 Amendment of s 253 (Improper use of information prohibited) . . 20
33 Omission of ch 8, pts 16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
34 Amendment of s 281 (Definitions for pt 7) . . . . . . . . . . . . . . . . . . 21
35 Insertion of new s 283A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
283A Expiry of pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
36 Omission of ch 8, pt 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
37 Replacement of ch 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Chapter 9 Transitional provisions for Primary Industries
and Other Acts Amendment Act 2008
Part 1 Preliminary
284 Definitions for ch 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Part 2 Provisions relating to access rights
Page 2
Primary Industries and Other Acts Amendment Bill 2008
Contents
285 Period of operation of permit to pass . . . . . . . . . . . . . 22
286 Access rights granted by the commissioner . . . . . . . . 23
287 Land Court to assume jurisdiction for current
applications .......................... 23
288 Outstanding decisions of valuers . . . . . . . . . . . . . . . . 24
289 Access rights register . . . . . . . . . . . . . . . . . . . . . . . . . 24
290 Rectification or reinstatement order by the
commissioner ......................... 24
Part 3 Provisions relating to the commissioner
291 Commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
292 Agreements and legal proceedings . . . . . . . . . . . . . . 25
293 Assets and liabilities . . . . . . . . . . . . . . . . . . . . . . . . . . 25
294 Employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
295 Exempt documents. . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Part 4 Appeals
296 Appeal to Magistrates Court. . . . . . . . . . . . . . . . . . . . 26
297 Appeal to Land Court . . . . . . . . . . . . . . . . . . . . . . . . . 26
38 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 27
Part 4 Amendment of Land Act 1994
39 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
40 Amendment of s 369 (Public utility easements) . . . . . . . . . . . . . . 28
41 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 28
Part 5 Amendment of Land Title Act 1994
42 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
43 Amendment of s 81A (Definitions for div 4) . . . . . . . . . . . . . . . . . 29
44 Amendment of s 89 (Easements for public utility providers) . . . . 29
Page 3
2008
A Bill
for
An Act to amend the Rural and Regional Adjustment Act 1994,
the Sugar Industry Act 1999, the Land Act 1994 and the Land
Title Act 1994 for particular purposes
Primary Industries and Other Acts Amendment Bill 2008
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Primary Industries and Other 4
Acts Amendment Act 2008. 5
Clause 2 Commencement 6
Parts 3 to 5 commence on 1 July 2008 or the date of assent of 7
this Act, whichever is later. 8
Part 2 Amendment of Rural and 9
Regional Adjustment Act 1994 10
Clause 3 Act amended in pt 2 11
This part amends the Rural and Regional Adjustment Act 12
1994. 13
Clause 4 Replacement of s 3 (Object of Act) 14
Section 3-- 15
omit, insert-- 16
`3 Object of Act 17
`(1) The object of this Act is to establish QRAA primarily to 18
administer assistance schemes that foster the development of a 19
more productive and sustainable rural and regional sector in 20
Queensland. 21
Page 6
Primary Industries and Other Acts Amendment Bill 2008
Part 2 Amendment of Rural and Regional Adjustment Act 1994
[s 5]
`(2) QRAA may also-- 1
(a) support the State's economy by administering schemes 2
to give assistance to primary producers, small 3
businesses or other elements of the State's economy-- 4
(i) in periods when they are experiencing temporary 5
difficulty; or 6
(ii) to otherwise benefit the State's economy; and 7
(b) give assistance and build its own effectiveness by 8
administering schemes for the Commonwealth and 9
other States in rural and regional sectors outside 10
Queensland.'. 11
Clause 5 Amendment of s 4 (Definitions) 12
(1) Section 4-- 13
insert-- 14
`approved scheme means an approved assistance scheme or 15
an authorised interstate scheme. 16
authorised interstate scheme means a scheme for which the 17
Minister has given an authorisation under section 11A.'. 18
(2) Section 4, definition authority's assistance funds, paragraph 19
(a), `approved assistance schemes'-- 20
omit, insert-- 21
`approved schemes'. 22
Clause 6 Amendment of s 8 (Authority's functions) 23
(1) Section 8(2)(f) to (h)-- 24
renumber as section 8(2)(g) to (i). 25
(2) Section 8(2)-- 26
insert-- 27
`(f) to administer authorised interstate schemes; and'. 28
Page 7
Primary Industries and Other Acts Amendment Bill 2008
Part 2 Amendment of Rural and Regional Adjustment Act 1994
[s 7]
Clause 7 Amendment of s 9 (Authority's powers) 1
Section 9-- 2
insert-- 3
`(3) The authority may exercise its powers inside or outside 4
Queensland.'. 5
Clause 8 Insertion of new s 10 6
Part 3-- 7
insert-- 8
`10 Approved schemes 9
`The authority may give financial assistance only under an 10
approved scheme.'. 11
Clause 9 Amendment of s 11 (Approved assistance schemes) 12
Section 11(6)-- 13
omit. 14
Clause 10 Insertion of new s 11A 15
After section 11-- 16
insert-- 17
`11A Authorisation for interstate schemes 18
`(1) This section applies in relation to a scheme, other than an 19
approved assistance scheme, established by the 20
Commonwealth or another State or an entity that represents 21
the Commonwealth or another State. 22
`(2) The authority must not tender for the administration of the 23
scheme, or agree to administer the scheme, unless the 24
Minister has authorised the authority to enter into 25
arrangements for the administration of the scheme. 26
`(3) The Minister may give authorisation only if satisfied the 27
scheme's main purpose is to-- 28
Page 8
Primary Industries and Other Acts Amendment Bill 2008
Part 2 Amendment of Rural and Regional Adjustment Act 1994
[s 11]
(a) foster the development of the rural and regional sector in 1
another State; or 2
(b) give assistance to primary producers or small businesses 3
in another State in periods when they are experiencing 4
temporary difficulty. 5
`(4) Authorisation may be given on conditions the Minister 6
considers appropriate. 7
`(5) The authority must give the Minister any information the 8
Minister asks for about a tender or arrangement that the 9
authority has made or proposes to make for the administration 10
of the scheme. 11
`(6) However, subsection (5) does not apply to the extent that 12
giving the information would contravene a confidentiality 13
agreement to which the authority is a party.'. 14
Clause 11 Amendment of s 12 (Administering approved assistance 15
schemes) 16
(1) Section 12, heading, `assistance'-- 17
omit. 18
(2) Section 12(1) and (2), `approved assistance scheme'-- 19
omit, insert-- 20
`approved scheme'. 21
Clause 12 Amendment of s 13 (Funding of approved assistance 22
schemes) 23
(1) Section 13, heading, `assistance'-- 24
omit. 25
(2) Section 13, `approved assistance scheme'-- 26
omit, insert-- 27
`approved scheme'. 28
Page 9
Primary Industries and Other Acts Amendment Bill 2008
Part 2 Amendment of Rural and Regional Adjustment Act 1994
[s 13]
Clause 13 Amendment of s 13A (Who may apply for internal review) 1
Section 13A, `approved assistance scheme'-- 2
omit, insert-- 3
`approved scheme'. 4
Clause 14 Insertion of new s 16D 5
Part 4, division 1A-- 6
insert-- 7
`16D Delegation by non-appointed directors 8
`(1) A director mentioned in section 16(1)(a) or (b) may delegate 9
the director's functions under this Act to an appropriately 10
qualified senior executive in the public service. 11
`(2) In this section-- 12
appropriately qualified includes having the qualifications, 13
experience or standing appropriate to the exercise of the 14
function. 15
Example of standing-- 16
the person's classification level in a department 17
function includes a power.'. 18
Clause 15 Amendment of s 20 (Conduct of proceedings) 19
Section 20(3)(a), `the directors appointed'-- 20
omit, insert-- 21
`of the directors'. 22
Clause 16 Amendment of s 44 (Regulations) 23
Section 44, heading-- 24
Page 10
Primary Industries and Other Acts Amendment Bill 2008
Part 3 Amendment of Sugar Industry Act 1999
[s 17]
omit, insert-- 1
`44 Regulation-making power'. 2
Part 3 Amendment of Sugar Industry 3
Act 1999 4
Clause 17 Act amended in pt 3 5
This part amends the Sugar Industry Act 1999. 6
Clause 18 Amendment of s 63 (Access right to harvest and supply 7
cane) 8
(1) Section 63(1), `commissioner'-- 9
omit, insert-- 10
`Land Court'. 11
(2) Section 63(4) to (6)-- 12
renumber as section 63(5) to (7). 13
(3) Section 63-- 14
insert-- 15
`(4) A permit to pass must state the period for which it has effect.'. 16
Clause 19 Amendment of s 64 (Land-holder may grant an access 17
right) 18
Section 64-- 19
insert-- 20
`Note-- 21
See sections 70 and 71 for the requirement to notify the registrar.'. 22
Page 11
Primary Industries and Other Acts Amendment Bill 2008
Part 3 Amendment of Sugar Industry Act 1999
[s 20]
Clause 20 Replacement of s 65 (Commissioner may grant an access 1
right) 2
Section 65-- 3
omit, insert-- 4
`65 Land Court may grant an access right 5
`(1) This section applies if a person seeking an access right 6
affecting land does not reach agreement with the land-holder 7
for the grant. 8
`(2) The person may apply to the Land Court to be granted the 9
access right. 10
`(3) The applicant must serve a copy of the application on every 11
person the applicant knows may be entitled to claim 12
compensation if the access right is granted. 13
`(4) Subsection (3) does not limit the persons on whom a copy of 14
the application must be served under the rules of the Land 15
Court. 16
`(5) The Land Court may grant the application only if it is 17
satisfied-- 18
(a) the applicant has failed, after reasonable attempts, to 19
negotiate an agreement with the land-holder for the 20
access right; and 21
(b) the access right is necessary for a purpose mentioned in 22
section 63(2) or (5) in relation to the applicant; and 23
(c) the access right, if granted, would not affect native title, 24
or if it would, there is an indigenous land use agreement 25
consenting to the grant. 26
Note-- 27
See sections 70 and 71 for the requirement to notify the registrar. 28
`(6) The Land Court may impose reasonable conditions on the 29
grant. 30
Example of a condition-- 31
a condition that the mill owner or grower construct and maintain, at or 32
near the boundaries of the land, cattle grids or other structures 33
Page 12
Primary Industries and Other Acts Amendment Bill 2008
Part 3 Amendment of Sugar Industry Act 1999
[s 21]
`(7) In this section-- 1
indigenous land use agreement means an indigenous land 2
use agreement under the Native Title Act 1993 (Cwlth) 3
registered on the register of indigenous land use agreements.'. 4
Clause 21 Omission of s 66 (Notice of decision) 5
Section 66-- 6
omit. 7
Clause 22 Omission of s 67 (Grant of access right takes effect on 8
registration) 9
Section 67-- 10
omit. 11
Clause 23 Amendment of s 68 (Compensation on grant of access 12
right) 13
(1) Section 68(1), `commissioner'-- 14
omit, insert-- 15
`Land Court'. 16
(2) Section 68(1), `mill owner or grower to whom the access right 17
is granted'-- 18
omit, insert-- 19
`grantee of the access right'. 20
(3) Section 68(2) to (5)-- 21
omit, insert-- 22
`(2) If the land-holder and grantee can not agree, either of them 23
may apply to the Land Court for an order. 24
`(3) On an application under subsection (2), the Land Court may 25
decide the amount of any compensation payable by the 26
grantee to the land-holder and make an order for payment. 27
Page 13
Primary Industries and Other Acts Amendment Bill 2008
Part 3 Amendment of Sugar Industry Act 1999
[s 24]
`(4) In deciding the amount of compensation, the Land Court must 1
have regard to the following matters-- 2
(a) if the granting of the access right effectively severs land 3
in which the land-holder has an interest from other land 4
in which the land-holder has an interest--any change in 5
the values of those interests; 6
(b) any change in the value of any interest in any land held 7
by the land-holder that otherwise happens because of the 8
granting of the access right; 9
(c) any loss, injury or damage suffered by the land-holder, 10
or expense reasonably incurred by the land-holder, as a 11
direct, natural and reasonable consequence of the 12
granting of the access right; 13
(d) anything else relevant to deciding what is just and 14
reasonable compensation for the granting of the access 15
right. 16
`(5) For calculating the change in the value of an interest in land 17
under subsection (4), the changed value of the interest must be 18
decided as at the day the access right was granted.'. 19
(4) Section 68(6), `The commissioner, in granting a permit to 20
pass to a person, may order the person'-- 21
omit, insert-- 22
`The Land Court, in granting a permit to pass, may order the 23
grantee'. 24
Clause 24 Replacement of ss 6971 25
Sections 69 to 71-- 26
omit, insert-- 27
`70 Notification and recording of matters relating to 28
permits to pass 29
`(1) This section applies if any of the following happens (a permit 30
event)-- 31
(a) a permit to pass is granted; 32
Page 14
Primary Industries and Other Acts Amendment Bill 2008
Part 3 Amendment of Sugar Industry Act 1999
[s 24]
(b) a permit to pass is relinquished by the grantee; 1
(c) a permit to pass, or a condition on which a permit to 2
pass is held, is varied or cancelled under section 72. 3
`(2) Within 28 days after the permit event happens, the grantee 4
must give to the registrar-- 5
(a) a signed notice-- 6
(i) stating that the permit event has happened; and 7
(ii) identifying the parties to the permit to pass and the 8
land affected by the permit; and 9
(b) a copy of-- 10
(i) for the grant of a permit to pass--the permit to 11
pass; or 12
(ii) otherwise--the document by which the 13
relinquishment, variation or cancellation was 14
effected. 15
Maximum penalty--40 penalty units. 16
`(3) The registrar must ensure a notice appears in the relevant 17
register kept under the Land Act 1994 or the Land Title Act 18
1994 so that a search of the register will show the permit event 19
has happened. 20
`71 Notification and registration of matters relating to 21
cane railway easements 22
`(1) This section applies if any of the following happens (an 23
easement event)-- 24
(a) a cane railway easement is granted; 25
(b) a cane railway easement is relinquished by the grantee; 26
(c) a cane railway easement, or a condition on which a cane 27
railway easement is held, is varied or cancelled under 28
section 72. 29
`(2) Within 28 days after the easement event happens, the grantee 30
must give to the registrar a signed notice-- 31
Page 15
Primary Industries and Other Acts Amendment Bill 2008
Part 3 Amendment of Sugar Industry Act 1999
[s 25]
(a) stating that the easement event has happened; and 1
(b) identifying the parties to the cane railway easement and 2
the land affected by the easement. 3
Maximum penalty--40 penalty units. 4
`(3) The easement event may be registered under the Land Act 5
1994 or the Land Title Act 1994 only in compliance with that 6
Act. 7
`(4) Until the easement event is registered, the registrar must 8
ensure a notice appears in the relevant register kept under the 9
Land Act 1994 or the Land Title Act 1994 so that a search of 10
the register will show the easement event has happened. 11
`(5) It is sufficient compliance with subsection (2) for the grantee 12
to give to the registrar, within 28 days after the easement event 13
happens, the documents the registrar requires to register the 14
easement event.'. 15
Clause 25 Amendment of s 72 (Variation and cancellation of access 16
right, dispute resolution and enforcement) 17
(1) Section 72(1), `the holder'-- 18
omit, insert-- 19
`the grantee'. 20
(2) Section 72(2) to (10)-- 21
omit, insert-- 22
`(2) A party to an access right may apply to the Land Court to vary 23
or cancel the access right or a condition on which the access 24
right is held. 25
`(3) The applicant must serve a copy of the application on every 26
person the applicant knows may be entitled to claim 27
compensation if the application is granted. 28
`(4) The Land Court may grant the application only if-- 29
(a) for an application to cancel a cane railway 30
easement--the court is satisfied the easement has not 31
been used for at least 2 years; or 32
Page 16
Primary Industries and Other Acts Amendment Bill 2008
Part 3 Amendment of Sugar Industry Act 1999
[s 26]
(b) otherwise--the court is satisfied there are special 1
circumstances. 2
`(5) A change in the use of the land affected by the access right is 3
not in itself special circumstances for subsection (4)(b). 4
`(6) A cane railway easement included in a register kept under the 5
Land Act 1994 or the Land Title Act 1994 may be varied only 6
in compliance with the provisions of that Act about amending 7
an easement.'. 8
Clause 26 Replacement of ss 73 and 74 9
Sections 73 and 74-- 10
omit, insert-- 11
`73 Compensation on cancellation or variation of access 12
right 13
`(1) A party to an access right may apply to the Land Court for an 14
order for the payment of compensation if the parties to the 15
access right-- 16
(a) have, by agreement, varied or cancelled the access right 17
or a condition on which it is held; and 18
(b) can not agree on the payment of compensation for the 19
variation or cancellation. 20
`(2) Subsection (3) applies if-- 21
(a) an application is made under subsection (1); or 22
(b) the Land Court makes an order under section 72 varying 23
or cancelling an access right or a condition on which an 24
access right is held. 25
`(3) The Land Court may decide the amount of any compensation 26
payable by a party to the access right to the other party and 27
make an order for payment. 28
`(4) In deciding the amount of any compensation, the Land Court 29
must have regard to the following matters-- 30
(a) if the variation or cancellation effectively severs land in 31
which the land-holder has an interest from other land in 32
Page 17
Primary Industries and Other Acts Amendment Bill 2008
Part 3 Amendment of Sugar Industry Act 1999
[s 26]
which the land-holder has an interest--any change in 1
the values of those interests; 2
(b) any change in the value of any interest in any land held 3
by the land-holder that otherwise happens because of the 4
variation or cancellation; 5
(c) any loss, injury or damage suffered by a party, or 6
expense reasonably incurred by a party, as a direct, 7
natural and reasonable consequence of the variation or 8
cancellation; 9
(d) any compensation previously paid in relation to the 10
access right; 11
(e) anything else relevant to deciding what is just and 12
reasonable compensation for the variation or 13
cancellation. 14
`(5) For calculating the change in the value of an interest in land 15
under subsection (4), the changed value of the interest must be 16
decided as at the day the access right was varied or cancelled. 17
`74 Rectification or reinstatement of land on cancellation 18
or variation of access right 19
`(1) This section applies if the Land Court cancels an access right 20
affecting land or varies an access right in a way that excludes 21
land affected by the right. 22
`(2) The Land Court may order the person who is or was the 23
grantee of the access right to carry out rectification or 24
reinstatement of the land as directed by the court. 25
`74A Enforcement of Land Court decisions 26
`(1) This section applies if the Land Court makes an order under 27
this part. 28
`(2) The registrar of the Land Court must give a copy of the order 29
to the registrar of the Supreme Court who must file it in the 30
Supreme Court registry. 31
Page 18
Primary Industries and Other Acts Amendment Bill 2008
Part 3 Amendment of Sugar Industry Act 1999
[s 27]
`(3) On filing, the order is enforceable as if it were an order of the 1
Supreme Court.'. 2
Clause 27 Amendment of s 75 (Construction etc. of railways, 3
obstruction of access right) 4
(1) Section 75(1)(a)-- 5
omit, insert-- 6
`(a) construct, maintain, alter and use a railway or road and 7
carry out any other necessary works on land of the mill 8
owner or over which the mill owner holds an access 9
right; and'. 10
(2) Section 75(2)-- 11
omit, insert-- 12
`(2) However, subsection (1)(a) applies-- 13
(a) in relation to a road other than a State-controlled road, 14
subject to any local laws in force under the Local 15
Government Act 1993, section 919; or 16
Editor's note-- 17
Local Government Act 1993, section 919 (Ancillary works and 18
encroachments on roads) 19
(b) in relation to a State-controlled road, subject to the 20
Transport Infrastructure Act 1994, section 50. 21
Editor's note-- 22
Transport Infrastructure Act 1994, section 50 (Ancillary works 23
and encroachments)'. 24
(3) Section 75(3), `Without limiting subsection (2), a person may 25
apply to a Magistrates Court'-- 26
omit, insert-- 27
`A person may apply to the Land Court'. 28
(4) Section 75(4)-- 29
omit. 30
Page 19
Primary Industries and Other Acts Amendment Bill 2008
Part 3 Amendment of Sugar Industry Act 1999
[s 28]
(5) Section 75(5) and (6)-- 1
renumber as section 75(4) and (5). 2
Clause 28 Renumbering and relocation of s 108 (Minister may 3
establish advisory bodies) 4
Section 108-- 5
relocate and renumber, in chapter 7, as section 246. 6
Clause 29 Omission of chs 4 and 5 7
Chapters 4 and 5-- 8
omit. 9
Clause 30 Amendment of s 245 (Pooled export and domestic 10
contract) 11
Section 245(3)-- 12
omit. 13
Clause 31 Amendment of s 249 (Statutory declaration) 14
(1) Section 249(1), `the commissioner or'-- 15
omit. 16
(2) Section 249(2), `commissioner or'-- 17
omit. 18
Clause 32 Amendment of s 253 (Improper use of information 19
prohibited) 20
Section 253(1), `is, or has been, the commissioner, or'-- 21
omit, insert-- 22
`has been the Sugar Industry Commissioner under this Act, or 23
who is or has been'. 24
Page 20
Primary Industries and Other Acts Amendment Bill 2008
Part 3 Amendment of Sugar Industry Act 1999
[s 33]
Clause 33 Omission of ch 8, pts 16 1
Chapter 8, parts 1 to 6-- 2
omit. 3
Clause 34 Amendment of s 281 (Definitions for pt 7) 4
Section 281-- 5
insert-- 6
`commencement means the day that repealed section 258 7
commenced.'. 8
Clause 35 Insertion of new s 283A 9
Chapter 8, part 7-- 10
insert-- 11
`283A Expiry of pt 7 12
`This part expires on the day that section 243 expires or the 13
day that section 245 expires, whichever is later.'. 14
Clause 36 Omission of ch 8, pt 8 15
Chapter 8, part 8-- 16
omit. 17
Clause 37 Replacement of ch 9 18
Chapter 9-- 19
omit, insert-- 20
Page 21
Primary Industries and Other Acts Amendment Bill 2008
Part 3 Amendment of Sugar Industry Act 1999
[s 37]
`Chapter 9 Transitional provisions for 1
Primary Industries and 2
Other Acts Amendment Act 3
2008 4
`Part 1 Preliminary 5
`284 Definitions for ch 9 6
`In this chapter-- 7
access rights register means the register of that name kept by 8
the commissioner before the commencement day under 9
repealed section 69. 10
commencement day means the day this chapter commences. 11
commissioner means the Sugar Industry Commissioner 12
holding office under this Act before the commencement day. 13
`Part 2 Provisions relating to access 14
rights 15
`285 Period of operation of permit to pass 16
`(1) This section applies to a permit to pass that was in force 17
immediately before the commencement day. 18
`(2) If the permit does not state a period for which it has effect-- 19
(a) section 63(4) does not apply to the permit; and 20
(b) the permit is taken to have effect until it is cancelled or 21
otherwise stops having effect under this Act. 22
Page 22
Primary Industries and Other Acts Amendment Bill 2008
Part 3 Amendment of Sugar Industry Act 1999
[s 37]
`286 Access rights granted by the commissioner 1
`An access right granted by the commissioner, that was in 2
force immediately before the commencement day, continues 3
in force according to its terms as if it had been granted by the 4
Land Court. 5
`287 Land Court to assume jurisdiction for current 6
applications 7
`(1) An application to the commissioner under old section 65 that, 8
immediately before the commencement day, had not been 9
decided by the commissioner is taken to be an application to 10
the Land Court under new section 65. 11
`(2) An application to the commissioner under old section 72 that, 12
immediately before the commencement day, had not been 13
decided by the commissioner is taken to be an application to 14
the Land Court under new section 72. 15
`(3) An application to a Magistrates Court under old section 75 16
that, immediately before the commencement day, had not 17
been finally dealt with by the Magistrates Court is taken to be 18
an application to the Land Court under new section 75. 19
`(4) The president of the Land Court may give-- 20
(a) a direction or order that an application mentioned in this 21
section, and any materials relating to the application that 22
were held by the commissioner or before a Magistrates 23
Court, be taken to be part of the proceeding before the 24
Land Court; and 25
(b) any other necessary directions about how a proceeding 26
under this section is to be dealt with. 27
`(5) The chief executive must take all reasonable steps to make any 28
applications mentioned in subsections (1) and (2), and any 29
materials relating to the applications that were held by the 30
commissioner, available to the Land Court. 31
`(6) The registrar of a Magistrates Court must take all reasonable 32
steps to make any applications mentioned in subsection (3), 33
Page 23
Primary Industries and Other Acts Amendment Bill 2008
Part 3 Amendment of Sugar Industry Act 1999
[s 37]
and any materials relating to the applications that were before 1
the Magistrates Court, available to the Land Court. 2
`(7) In this section-- 3
new means as in force from the commencement day. 4
old means as in force before the commencement day. 5
`288 Outstanding decisions of valuers 6
`(1) This section applies if-- 7
(a) a valuer was appointed under section 68 or 73 to decide 8
an amount; and 9
(b) immediately before the commencement day, the valuer 10
had not finally decided the amount. 11
`(2) Section 68 or 73, as in force immediately before the 12
commencement day, continues to apply in relation to the 13
making, effect and costs of the decision. 14
`289 Access rights register 15
`(1) On the commencement day, the access rights register becomes 16
the property of the registrar. 17
`(2) The registrar must ensure that, for each current access right 18
recorded in the access rights register immediately before the 19
commencement day, a notice appears in the relevant register 20
kept under the Land Act 1994 or the Land Title Act 1994 so 21
that a search of the register will show the existence of the 22
access right. 23
`290 Rectification or reinstatement order by the 24
commissioner 25
`(1) An order made by the commissioner before the 26
commencement day under old section 74, that was in force 27
immediately before the commencement day, continues in 28
force according to its terms as if it had been made by the Land 29
Court. 30
Page 24
Primary Industries and Other Acts Amendment Bill 2008
Part 3 Amendment of Sugar Industry Act 1999
[s 37]
`(2) In this section-- 1
old means as in force before the commencement day. 2
`Part 3 Provisions relating to the 3
commissioner 4
`291 Commissioner 5
`(1) On the commencement day, the commissioner goes out of 6
office. 7
`(2) No compensation is payable to the commissioner because of 8
subsection (1). 9
`292 Agreements and legal proceedings 10
`(1) An agreement or arrangement in force immediately before the 11
commencement day, between the commissioner and another 12
entity, is taken to be an agreement or arrangement between the 13
State and the entity. 14
`(2) A proceeding that could have been started or continued by or 15
against the commissioner before the commencement day may 16
be started or continued by or against the State. 17
`293 Assets and liabilities 18
`On the commencement day, an asset or liability of the 19
commissioner, in the commissioner's capacity as 20
commissioner under this Act, immediately before the 21
commencement day becomes an asset or liability of the State. 22
`294 Employees 23
`(1) A person's employment by the commissioner immediately 24
before the commencement day is, on the commencement day, 25
Page 25
Primary Industries and Other Acts Amendment Bill 2008
Part 3 Amendment of Sugar Industry Act 1999
[s 37]
taken to be lawfully terminated under the Industrial Relations 1
Act 1999. 2
`(2) The person has the rights given to an employee whose 3
employment has been lawfully terminated under that Act. 4
`(3) The rights given to the person may be exercised against the 5
State as if the State had been the employer who terminated the 6
person's employment. 7
`295 Exempt documents 8
`A document to which section 271 applied immediately before 9
the commencement day continues to be exempt matter under 10
the Freedom of Information Act 1992. 11
`Part 4 Appeals 12
`296 Appeal to Magistrates Court 13
`(1) This section applies in relation to a decision of the 14
commissioner, made before the commencement day, from 15
which a person had a right of appeal under section 234 before 16
the commencement day. 17
`(2) The appeal may be started or continued on or after the 18
commencement day and, for that purpose-- 19
(a) section 234, as in force before the commencement day, 20
continues to apply; and 21
(b) the chief executive is the respondent in place of the 22
commissioner. 23
`297 Appeal to Land Court 24
`(1) This section applies in relation to a decision of the 25
commissioner made before the commencement day under 26
section 65 or 72(3). 27
Page 26
Primary Industries and Other Acts Amendment Bill 2008
Part 3 Amendment of Sugar Industry Act 1999
[s 38]
`(2) An appeal against the decision may be started or continued on 1
or after the commencement day and, for that purpose-- 2
(a) section 235, as in force before the commencement day, 3
continues to apply; and 4
(b) the chief executive is the respondent in place of the 5
commissioner.'. 6
Clause 38 Amendment of schedule (Dictionary) 7
(1) Schedule, definitions access rights register, appropriately 8
qualified, commissioner, employment rights, Industrial 9
Relations Act, information notice and pooled domestic 10
contract-- 11
omit. 12
(2) Schedule-- 13
insert-- 14
`grantee, of an access right, means the mill owner or grower 15
to whom the access right is granted. 16
party, to an access right, means the land-holder for the land 17
affected by the access right or the grantee of the access right. 18
registrar, in relation to an access right, means-- 19
(a) if the access right relates to land included in a register 20
kept under the Land Act 1994, the chief executive under 21
that Act; or 22
(b) if the access right relates to land included in a register 23
kept under the Land Title Act 1994, the registrar of 24
titles.'. 25
(3) Schedule, definition cane railway easement, `63(4)'-- 26
omit, insert-- 27
`63(5)'. 28
Page 27
Primary Industries and Other Acts Amendment Bill 2008
Part 4 Amendment of Land Act 1994
[s 39]
Part 4 Amendment of Land Act 1994 1
Clause 39 Act amended in pt 4 2
This part amends the Land Act 1994. 3
Clause 40 Amendment of s 369 (Public utility easements) 4
(1) Section 369(2)-- 5
insert-- 6
`(g) in the case of a cane railway easement in favour of a mill 7
owner--a purpose for which a cane railway easement 8
may be granted under the Sugar Industry Act 1999.'. 9
(2) Section 369(3), `section 361'-- 10
omit, insert-- 11
`schedule 6'. 12
Clause 41 Amendment of sch 6 (Dictionary) 13
(1) Schedule 6-- 14
insert-- 15
`cane railway easement see the Sugar Industry Act 1999, 16
section 63(5). 17
mill owner see the Sugar Industry Act 1999, schedule.'. 18
(2) Schedule 6, definition public utility provider-- 19
insert-- 20
`(f) a mill owner, but only for the registration of a cane 21
railway easement.'. 22
Page 28
Primary Industries and Other Acts Amendment Bill 2008
Part 5 Amendment of Land Title Act 1994
[s 42]
Part 5 Amendment of Land Title Act 1
1994 2
Clause 42 Act amended in pt 5 3
This part amends the Land Title Act 1994. 4
Clause 43 Amendment of s 81A (Definitions for div 4) 5
(1) Section 81A-- 6
insert-- 7
`cane railway easement see the Sugar Industry Act 1999, 8
section 63(5). 9
mill owner see the Sugar Industry Act 1999, schedule.'. 10
(2) Section 81A, definition public utility provider-- 11
insert-- 12
`(f) a mill owner, but only for the registration of a cane 13
railway easement.'. 14
Clause 44 Amendment of s 89 (Easements for public utility 15
providers) 16
Section 89(2)(a)-- 17
insert-- 18
`(vii)in the case of a cane railway easement in favour of 19
a mill owner--a purpose for which a cane railway 20
easement may be granted under the Sugar Industry 21
Act 1999; and'. 22
© State of Queensland 2008
Page 29
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