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Queensland
PRIMARY INDUSTRIES AND
OTHER LEGISLATION
AMENDMENT BILL 2003
Queensland
PRIMARY INDUSTRIES AND OTHER
LEGISLATION AMENDMENT BILL 2003
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
PART 2--AMENDMENT OF ANIMAL CARE AND PROTECTION
ACT 2001
3 Act amended in pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
4 Amendment of s 166 (Failure to comply with information requirement) . . . 11
PART 3--AMENDMENT OF CHICKEN MEAT INDUSTRY
COMMITTEE ACT 1976
5 Act amended in pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
6 Replacement of s 14 (Powers). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
14 Powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
PART 4--AMENDMENT OF EXOTIC DISEASES IN ANIMALS
ACT 1981
7 Act amended in pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
8 Insertion of new s 10A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
10A Restricted movements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
9 Amendment of s 11 (Effect of notification) . . . . . . . . . . . . . . . . . . . . . . . . . 13
10 Amendment of s 14 (Entry and exit places) . . . . . . . . . . . . . . . . . . . . . . . . . 13
11 Amendment of s 15 (Check points). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
12 Amendment of s 30 (Claims for compensation) . . . . . . . . . . . . . . . . . . . . . . 14
13 Amendment of sch 2 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
PART 5--AMENDMENT OF FISHERIES ACT 1994
14 Act amended in pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
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15 Amendment of s 5 (Meaning of "fish"). . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
16 Amendment of s 20 (Chief executive's functions) . . . . . . . . . . . . . . . . . . . . 16
17 Amendment of s 22 (Integrated development approval system
regulations and guidelines) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
18 Amendment of s 37 (Management plan may declare closed season,
closed waters etc.) .......................................... 17
19 Amendment of s 43 (Declaration of closed season, closed waters etc.) . . . . 17
20 Amendment of pt 5, div 3, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
21 Replacement of ss 4951. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
49 Authorities that may be issued under Act . . . . . . . . . . . . . . . . . . . . . 18
22 Amendment of s 52 (Things authorised by authorities) . . . . . . . . . . . . . . . . 18
23 Amendment of s 59 (Refusal to issue or renew) . . . . . . . . . . . . . . . . . . . . . . 18
24 Insertion of new pt 5, div 3, sdiv 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Subdivision 2A--Additional requirements for deciding applications for
resource allocation authorities
60A Matters chief executive must consider. . . . . . . . . . . . . . . . . . . . . . . . 19
25 Amendment of s 61 (Conditions imposed on issue or renewal) . . . . . . . . . . 19
26 Insertion of new s 65C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
65C Waiver of fee or requirement on transfer or amendment . . . . . . . . . . 19
27 Replacement of s 67 (Suspension or cancellation of authorities by chief
executive) ................................................. 21
67 Suspension or cancellation of authority by chief executive. . . . . . . . 21
28 Amendment of s 68 (Procedure for cancellation or suspension by chief
executive) ................................................. 21
29 Insertion of new ss 68A and 68B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
68A Suspension or cancellation of authority for dishonoured payment . . 22
68B Suspension or cancellation of authority by court. . . . . . . . . . . . . . . . 23
30 Insertion of new s 69A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
69A Effect of suspension on issue or transfer of another authority. . . . . . 23
31 Amendment of s 73 (Registers of authorities). . . . . . . . . . . . . . . . . . . . . . . . 24
32 Insertion of new pt 5, div 3A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Division 3A--Fisheries development approvals
Subdivision 1--Particular fisheries development also requires a resource
allocation authority
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76A Application of sdiv 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
76B Requirement for resource allocation authority . . . . . . . . . . . . . . . . . 25
76C Nature of fisheries development approval for which resource
allocation authority required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Subdivision 2--Assessment of development applications for fisheries
development approval generally
76D Matters chief executive must consider for Planning Act . . . . . . . . . . 26
Subdivision 3--Assessment of development applications for construction
or raising of waterway barrier works
76E Application for fish movement exemption notice . . . . . . . . . . . . . . . 26
76F Deciding application for fish movement exemption notice . . . . . . . . 27
76G When chief executive may approve applications relating to
waterway barrier works . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Subdivision 4--Conditions on fisheries development approvals generally
76H Relationship between sdiv 4 and Planning Act . . . . . . . . . . . . . . . . . 29
76I Conditions on fisheries development approvals generally. . . . . . . . . 29
76J Conditions on fisheries development approvals relating to
aquaculture ....................................... 29
76K Conditions on fisheries development approvals for constructing
or raising waterway barrier works . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
76L Conditions on fisheries development approvals for works in a
declared fish habitat area or removal etc. of marine plants . . . . . . . . 31
Subdivision 5--Amending conditions on fisheries development approvals
76M Definition for sdiv 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
76N When chief executive may amend conditions of fisheries
development approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
76O Procedure for amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
76P No compensation for amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
76Q Appeal to Planning and Environment Court about amendment . . . . 34
76R Court process for appeals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Subdivision 6--Provisions about development offences
76S Purpose of sdiv 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
76T Penalties for carrying out assessable development without permit . . 35
76U Penalties for non-compliance with particular development approvals 36
76V Additional requirement for development carried out in emergency . 36
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33 Insertion of new s 88B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
88B Carrying out particular development without resource allocation
authority ............................................ 37
34 Omission of pt 5, div 8 (Fish ways) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
35 Amendment of s 118 (Statistical returns to be kept) . . . . . . . . . . . . . . . . . . . 38
36 Amendment of s 119 (Codes of practice) . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
37 Amendment of s 124 (Chief executive may rehabilitate or restore land etc.) 38
38 Insertion of new s 140A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
140A Functions of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
39 Amendment of s 145 (Entry to places) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
40 Amendment of s 184 (Evidentiary provisions) . . . . . . . . . . . . . . . . . . . . . . . 39
41 Amendment of s 196 (Appeals to tribunal) . . . . . . . . . . . . . . . . . . . . . . . . . . 40
42 Insertion of new s 219A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
219A Executive officers must ensure corporation complies with Act . . . . . 40
43 Amendment of s 223 (Regulation making power) . . . . . . . . . . . . . . . . . . . . 41
44 Insertion of new pt 12, div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Division 4--Transitional provisions for Primary Industries and Other
Legislation Amendment Act 2003
Subdivision 1--Definitions
240 Definitions for div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Subdivision 2--Continuing effect of particular authorities or approvals
241 Continuing effect of existing licences or permits . . . . . . . . . . . . . . . 42
242 Continuing effect of existing approvals for waterway barrier works. 44
243 Continuing effect of existing aquaculture licences for wild oyster
harvesting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
Subdivision 3--Effect of commencement on particular applications in
progress
244 Applications in progress for particular relevant authorities. . . . . . . . 45
245 Applications in progress for aquaculture licences for wild oyster
harvesting ........................................... 46
Subdivision 4--Effect of commencement on particular appeals
246 Definitions for sdiv 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
247 Application of sdiv 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
248 Appeal to be decided under provisions before commencement . . . . 47
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249 Effect of tribunal decision to issue relevant authority . . . . . . . . . . . . 47
250 Effect of tribunal decision to refer matter back to chief
executive--development authority . . . . . . . . . . . . . . . . . . . . . . . . . . 48
251 Effect of tribunal decision to refer matter back to chief
executive--particular aquaculture licences . . . . . . . . . . . . . . . . . . . . 48
252 Effect of tribunal decision to not issue relevant authority . . . . . . . . . 49
Subdivision 5--Effect of commencement on prescribed criteria
253 Continuing effect of criteria prescribed for s 67 . . . . . . . . . . . . . . . . 49
45 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
PART 6--AMENDMENT OF FOOD PRODUCTION (SAFETY)
ACT 2000
46 Act amended in pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
47 Amendment of s 6 (Exemption from application of Act) . . . . . . . . . . . . . . . 52
48 Amendment of s 7 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
49 Amendment of s 10 (Meaning of "primary produce") . . . . . . . . . . . . . . . . . 53
50 Replacement of pt 2, div 1, hdg. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
51 Omission of pt 2, div 2 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
52 Insertion of new pt 2, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
Division 2--Board of directors
16A The board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
16B Role of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
16C Composition of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
16D Chairperson to report to Minister. . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
16E Chairperson to give business plan to Minister . . . . . . . . . . . . . . . . . . 56
16F Additional provisions about board. . . . . . . . . . . . . . . . . . . . . . . . . . . 56
53 Replacement of pt 2, div 3, hdg. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
54 Amendment of s 17 (Appointment of chief executive officer) . . . . . . . . . . . 56
55 Amendment of s 18 (Conditions of appointment). . . . . . . . . . . . . . . . . . . . . 56
56 Amendment of s 19 (Qualifications for appointment). . . . . . . . . . . . . . . . . . 57
57 Amendment of s 21 (Chief executive officer to manage Safe Food's
affairs and prepare business plans) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
58 Omission of s 22 (Chief executive officer to give business plans to Minister) 58
59 Insertion of new ss 23A23C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
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23A Safe Food's seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
23B Judicial notice of certain signatures. . . . . . . . . . . . . . . . . . . . . . . . . . 58
23C Authentication of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
60 Amendment of s 24 (Delegation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
61 Omission of s 31 (Time and place of first meeting) . . . . . . . . . . . . . . . . . . . 59
62 Amendment of s 67 (Suspension or cancellation--grounds) . . . . . . . . . . . . 59
63 Insertion of new pt 11, div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
Division 4--Transitional provision for Primary Industries and Other
Legislation Amendment Act 2003
140U References in existing documents . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
64 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
65 Insertion of new sch 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
SCHEDULE 1
ADDITIONAL PROVISIONS ABOUT BOARD OF SAFE FOOD
PART 1--DIRECTORS
1 Qualifications for appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
2 Duration of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
3 Terms of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
4 Termination of appointment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
PART 2--BUSINESS AND MEETINGS OF BOARD
5 Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
6 Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
7 Times and places of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
8 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
9 Presiding at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
10 Departmental officer may attend board meetings . . . . . . . . . . . . . . . 64
11 Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
12 Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
PART 7--AMENDMENT OF GRAIN INDUSTRY
(RESTRUCTURING) ACT 1991
66 Act amended in pt 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
67 Amendment of s 2 (Objects of this Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
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68 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
69 Omission of pts 3 and 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
70 Omission of s 56 (Returns) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
PART 8--AMENDMENT OF INTEGRATED PLANNING ACT 1997
71 Act amended in pt 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
72 Amendment of s 1.3.5 (Definitions for terms used in "development"). . . . . 67
73 Insertion of new s 3.2.2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
3.2.2A Approved operational works for marine plants required for certain
developments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
74 Amendment of s 3.4.2 (When the notification stage applies) . . . . . . . . . . . . 68
75 Amendment of s 4.1.28 (Appeals by submitters) . . . . . . . . . . . . . . . . . . . . . 68
76 Insertion of new s 4.1.28A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
4.1.28A Additional and extended appeal rights for submitters for
particular development applications . . . . . . . . . . . . . . . . . . . . . . . . . 69
77 Amendment of s 4.3.7 (Giving a false or misleading notice) . . . . . . . . . . . . 69
78 Insertion of new s 5.7.7A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
5.7.7A Documents particular entities required to keep available for
inspection and purchase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
79 Insertion of new ch 5, pt 8A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
PART 8A--NOTIFICATION STAGE FOR PARTICULAR
AQUACULTURE DEVELOPMENT
Division 1--Preliminary
5.8A.1 Purpose of notification stage under this part . . . . . . . . . . . . . . . . . . . 71
5.8A.2 When notification stage under this part applies. . . . . . . . . . . . . . . . . 71
5.8A.3 When can notification stage start. . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
Division 2--Public notification
5.8A.4 Public notice of proposed development. . . . . . . . . . . . . . . . . . . . . . . 73
5.8A.5 Notification period for development applications . . . . . . . . . . . . . . . 73
5.8A.6 Requirements for certain notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
5.8A.7 Notice of compliance to be given to assessment manager and
concurrence agency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
5.8A.8 Circumstances when applications may be assessed and decided
without certain requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
5.8A.9 Making submissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
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5.8A.10 Submissions made during notification period effective for later
notification period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
Division 3--End of notification stage
5.8A.11 When does notification stage end . . . . . . . . . . . . . . . . . . . . . . . . . . 76
Division 4--Changed referral agency provisions for applications to which
this part applies
5.8A.12 Referral agency must not respond before notification stage ends . . 76
5.8A.13 Adjusted referral agency assessment period . . . . . . . . . . . . . . . . . . 77
80 Amendment of sch 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
81 Amendment of sch 8A (Assessment manager for development applications) 80
82 Amendment of sch 9 (Development that is exempt from assessment
against a planning scheme) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
83 Amendment of sch 10 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
PART 9--AMENDMENT OF PLANT PROTECTION ACT 1989
84 Act amended in pt 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
85 Replacement of pt 6 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
PART 6--PROVISIONS ABOUT ADMINISTRATIVE DECISIONS
Division 1--General provision
21LA Failure to decide particular decisions taken to be refusal . . . . . . . . . 86
Division 2--Reconsideration of decisions'.
86 Amendment of s 21M (Application for reconsideration of administrative
decisions). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
87 Insertion of new pt 6, div 3 hdg. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
PART 10--MINOR AMENDMENTS
88 Acts amended in schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . 89
MINOR AMENDMENTS OF ACTS
CHICKEN MEAT INDUSTRY COMMITTEE ACT 1976 . . . . . . . . . . . . . 89
PLANT PROTECTION ACT 1989. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
POLICE POWERS AND RESPONSIBILITIES ACT 2000. . . . . . . . . . . . . 89
STOCK ACT 1915 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
2003
A BILL
FOR
An Act to amend legislation about primary industries, and for other
purposes
s1 10 s3
Primary Industries and Other Legislation Amendment
Bill 2003
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
1 Short title
Clause 3
This Act may be cited as the Primary Industries and Other Legislation 4
Amendment Act 2003. 5
2 Commencement
Clause 6
(1) The following provisions commence on assent-- 7
(a) parts 2, 3, 4, 6, 7, 9, 10 and the schedule; 8
(b) the following provisions of part 5-- 9
(i) sections 14 to 15, 26 to 30, 35, 40 and 42; 10
(ii) section 44 to the extent it inserts new division 4, 11
subdivision 5; 12
(iii) section 45(2) to the extent it inserts definitions "executive 13
officer" and "transfer". 14
(2) The remaining provisions commence on a day to be fixed by 15
proclamation. 16
PART 2--AMENDMENT OF ANIMAL CARE AND 17
PROTECTION ACT 2001 18
3 Act amended in pt 2
Clause 19
This part amends the Animal Care and Protection Act 2001. 20
s4 11 s6
Primary Industries and Other Legislation Amendment
Bill 2003
4 Amendment of s 166 (Failure to comply with information
Clause 1
requirement) 2
Section 166(2)(b)-- 3
omit, insert-- 4
`(b) if the information sought by the requirement is not in fact 5
relevant to-- 6
(i) for a requirement about a suspected contravention of this 7
Act--the suspected contravention; or 8
(ii) for a requirement about whether an animal welfare direction 9
has been complied with--the compliance or 10
non-compliance with the direction.'. 11
PART 3--AMENDMENT OF CHICKEN MEAT 12
INDUSTRY COMMITTEE ACT 1976 13
5 Act amended in pt 3
Clause 14
This part amends the Chicken Meat Industry Committee Act 1976. 15
6 Replacement of s 14 (Powers)
Clause 16
Section 14-- 17
omit, insert-- 18
`14 Powers 19
`(1) The committee-- 20
(a) may do anything necessary or convenient to be done for 21
performing its functions; and 22
(b) without limiting paragraph (a), may charge for services and 23
facilities it provides. 24
`(2) Without limiting subsection (1), the committee has the powers given 25
to it under this or another Act. 26
s7 12 s8
Primary Industries and Other Legislation Amendment
Bill 2003
`(3) A charge under subsection (1)(b) must not be more than the 1
reasonable cost of providing the service or facility.'. 2
PART 4--AMENDMENT OF EXOTIC DISEASES IN 3
ANIMALS ACT 1981 4
7 Act amended in pt 4
Clause 5
This part amends the Exotic Diseases in Animals Act 1981. 6
8 Insertion of new s 10A
Clause 7
After section 10-- 8
insert-- 9
`10A Restricted movements 10
`(1) After the notification of a restricted area, the Minister may, by 11
notice, declare that the movement of any of the following within, into or 12
out of the restricted area is restricted-- 13
(a) all persons or particular classes of persons; 14
(b) all animals or particular classes or species of animals; 15
(c) carcasses or animal products of all animals or particular classes 16
or species of animals; 17
(d) all or particular kinds of animal pathogens or biological 18
preparations; 19
(e) all or particular kinds of fittings or fodders; 20
(f) all or particular kinds of vehicles or vessels; 21
(g) any other property or thing that is likely to spread, or is capable 22
of spreading, an exotic disease. 23
`(2) A notice under subsection (1) is subordinate legislation.'. 24
s9 13 s 11
Primary Industries and Other Legislation Amendment
Bill 2003
9 Amendment of s 11 (Effect of notification)
Clause 1
Section 11, heading and subsection (1)-- 2
omit, insert-- 3
`11 Licence required for restricted movements 4
`(1) A person, other than an inspector, must not make, cause or allow a 5
restricted movement for a restricted area unless the person-- 6
(a) holds a licence, in the approved form, from an inspector for the 7
movement; and 8
(b) complies with any conditions stated on the licence. 9
Maximum penalty--2 000 penalty units or 2 years imprisonment.'. 10
10 Amendment of s 14 (Entry and exit places)
Clause 11
Section 14(3)-- 12
omit, insert-- 13
`(3) A person, other than an authorised person for the place of entry or 14
exit, must not pass through the place unless the person-- 15
(a) stops and-- 16
(i) if the movement is a restricted movement for the restricted 17
area--produces, for inspection by the authorised person, a 18
licence mentioned in section 11 for the movement; or 19
(ii) otherwise--gives the authorised person enough information 20
to reasonably satisfy the authorised person that the 21
movement is not a restricted movement for the restricted 22
area; and 23
(b) obtains permission from the authorised person to pass through 24
the place. 25
Maximum penalty--1 000 penalty units or 1 year's imprisonment.'. 26
11 Amendment of s 15 (Check points)
Clause 27
Section 15(2)-- 28
omit, insert-- 29
s 12 14 s 12
Primary Industries and Other Legislation Amendment
Bill 2003
`(2) A person, other than an authorised person for the check point, must 1
not pass through the check point unless the person-- 2
(a) stops and-- 3
(i) if the movement is a restricted movement for the restricted 4
area--produces, for inspection by the authorised person, a 5
licence mentioned in section 11 for the movement; or 6
(ii) otherwise--gives the authorised person enough information 7
to reasonably satisfy the authorised person that the 8
movement is not a restricted movement for the restricted 9
area; and 10
(b) obtains permission from the authorised person to pass through 11
the check point. 12
Maximum penalty--1 000 penalty units or 1 year's imprisonment.'. 13
12 Amendment of s 30 (Claims for compensation)
Clause 14
(1) Section 30(3) and (4)-- 15
omit, insert-- 16
`(3) If, when the restriction period relating to the animal or property 17
ends, the end market value of the animal or property is more than the 18
amount of compensation paid under an application under subsection (1), 19
the owner may apply for additional compensation, within 30 days after the 20
restriction period ends. 21
`(4) The amount of additional compensation payable is the difference 22
between the amount of compensation paid under the application under 23
subsection (1) and the end market value of the animal or property.'. 24
(2) Section 30(6)-- 25
insert-- 26
` "end market value", of an animal or property, means the market value of 27
the animal or property at the end of the restriction period relating to 28
the animal or property, based on the age and condition of the animal or 29
property-- 30
(a) for an animal-- 31
(i) if the animal was affected with an exotic 32
disease--immediately before it was affected; or 33
s 13 15 s 15
Primary Industries and Other Legislation Amendment
Bill 2003
(ii) if the animal was not affected with an exotic 1
disease--immediately before it was destroyed; or 2
(b) for property--immediately before it was destroyed. 3
"restriction period", relating to an animal or property, means the period 4
for which the animal or property is located in an area that is in 5
quarantine or is a restricted area.'. 6
13 Amendment of sch 2 (Dictionary)
Clause 7
Schedule 2-- 8
insert-- 9
` "authorised person", for a place of entry or exit or a check point, 10
means-- 11
(a) the inspector in charge of the place or check point; or 12
(b) if the chief inspector has authorised another person to be in 13
charge of the place or check point--the other person. 14
"restricted movement", for a restricted area, means a movement the 15
Minister has declared, under section 10A, is restricted for the 16
restricted area.'. 17
PART 5--AMENDMENT OF FISHERIES ACT 1994 18
14 Act amended in pt 5
Clause 19
This part amends the Fisheries Act 1994. 20
15 Amendment of s 5 (Meaning of "fish")
Clause 21
Section 5(2)(c), `, sea' to `turtles'-- 22
omit. 23
s 16 16 s 17
Primary Industries and Other Legislation Amendment
Bill 2003
16 Amendment of s 20 (Chief executive's functions)
Clause 1
(1) Section 20(1A)-- 2
insert-- 3
`(ga)to ensure a function or power conferred, under this Act, on an 4
entity is performed or exercised in a way that is consistent with 5
the objectives of this Act; and'. 6
(2) Section 20(1A)(ga) and (h)-- 7
renumber as section 20(1A)(h) and (i). 8
17 Amendment of s 22 (Integrated development approval system
Clause 9
regulations and guidelines) 10
(1) Section 22, heading-- 11
omit, insert-- 12
`22 Integrated development assessment system regulations and 13
guidelines'. 14
(2) Section 22(1), after `guidelines about'-- 15
insert-- 16
`, any of the following, in relation to the chief executive's powers or 17
functions under the Planning Act'. 18
(3) Section 22(1), `; and'-- 19
omit, insert-- 20
`;'. 21
(4) Section 22-- 22
insert-- 23
`(1A) Also, a regulation may declare a statutory instrument or another 24
document to be a code for IDAS under the Planning Act.'. 25
(5) Section 22(1A) and (2)-- 26
renumber as section 22(2) and (3). 27
s 18 17 s 21
Primary Industries and Other Legislation Amendment
Bill 2003
18 Amendment of s 37 (Management plan may declare closed season,
Clause 1
closed waters etc.) 2
(1) Section 37-- 3
insert-- 4
`(3A) However, a closed waters declaration does not apply to an activity 5
authorised by a development approval unless the declaration expressly 6
states that it applies to the activity.'. 7
(2) Section 37(3A) and (4)-- 8
renumber as section 37(4) and(5). 9
19 Amendment of s 43 (Declaration of closed season, closed waters
Clause 10
etc.) 11
(1) Section 43-- 12
insert-- 13
`(3A) However, a closed waters declaration does not apply to an activity 14
authorised by a development approval unless the declaration expressly 15
states that it applies to the activity.'. 16
(2) Section 43(4), example, `section 37(4)'-- 17
omit, insert-- 18
`section 37(5)'. 19
(3) Section 43(3A) to (5)-- 20
renumber as section 43(4) to (6). 21
20 Amendment of pt 5, div 3, hdg
Clause 22
Part 5, division 3, heading, after `Authorities'-- 23
insert-- 24
`issued under Act'. 25
21 Replacement of ss 4951
Clause 26
Sections 49 to 51-- 27
s 22 18 s 23
Primary Industries and Other Legislation Amendment
Bill 2003
omit, insert-- 1
`49 Authorities that may be issued under Act 2
`(1) A regulation or management plan may prescribe the authorities that 3
the chief executive may issue under this Act. 4
`(2) A regulation or management plan may also provide that an authority 5
may or may not be issued for a stated activity or thing.'. 6
22 Amendment of s 52 (Things authorised by authorities)
Clause 7
Section 52-- 8
insert-- 9
`(4) Also, a resource allocation authority does not confer on the holder-- 10
(a) any right of ownership or tenure over the land, waters or 11
resources mentioned in the authority; or 12
(b) the right to carry out the development mentioned in the authority, 13
unless the development is also authorised under the Planning 14
Act.1'. 15
23 Amendment of s 59 (Refusal to issue or renew)
Clause 16
Section 59(1), examples 2 and 3-- 17
omit, insert-- 18
19
`2. The applicant has been convicted of a fisheries offence.
20
3. The applicant has had any of the following (a "fisheries authority") cancelled or
21
suspended--
22
· a licence, permit, concession or other authority issued under fisheries
23
legislation
24
· a fisheries development approval.'.
1 See also the Planning Act 4.3.1 (Carrying out assessable development without
permit) and section 76T (Penalties for carrying out assessable development without
permit).
s 24 19 s 26
Primary Industries and Other Legislation Amendment
Bill 2003
24 Insertion of new pt 5, div 3, sdiv 2A
Clause 1
Part 5, division 3-- 2
insert-- 3
`Subdivision 2A--Additional requirements for deciding applications for 4
resource allocation authorities 5
`60A Matters chief executive must consider 6
`In deciding an application for a resource allocation authority, the chief 7
executive must have regard to the impact of the development mentioned in 8
the authority on each of the following-- 9
(a) coastal management under the Coastal Protection and 10
Management Act 1995; 11
(b) the protection of Queensland waters as required under the 12
Environmental Protection Act 1994;2 13
(c) the management of marine parks under the Marine Parks Act 14
1982.'. 15
25 Amendment of s 61 (Conditions imposed on issue or renewal)
Clause 16
Section 61, heading, `renewal'-- 17
omit, insert-- 18
`renewal--general'. 19
26 Insertion of new s 65C
Clause 20
After section 65-- 21
insert-- 22
`65C Waiver of fee or requirement on transfer or amendment 23
`(1) This section applies if the chief executive is satisfied a transfer or an 24
amendment of an authority is necessary-- 25
2 See the Environmental Protection Water Policy 1997 for the way the environmental
values of Queensland waters are to be protected.
s 26 20 s 26
Primary Industries and Other Legislation Amendment
Bill 2003
(a) to give effect to-- 1
(i) a settlement between spouses or former spouses; or 2
(ii) bankruptcy; or 3
(iii) winding up or administration under the Corporations Act; or 4
(iv) section 70C(3); or 5
(b) to administer a deceased estate; or 6
(c) because of the loss, at sea, of the boat being used in relation to 7
the authority, through storm, capsize, collision or fire. 8
`(2) On an application made under subsection (3), the chief executive 9
must, according to the application-- 10
(a) waive the prescribed fee for an application for transfer or 11
amendment of the authority; or 12
(b) waive the requirement under a regulation or a management plan, 13
on application to transfer or amend the authority, to do any of the 14
following before the chief executive grants the application-- 15
(i) surrender another authority; 16
(ii) apply to amend another authority by removing a fishery 17
symbol; 18
(iii) amend the authority in some other way that is not beneficial 19
to the authority holder. 20
`(3) An application for the waiver of a prescribed fee or a requirement-- 21
(a) must be made jointly by each holder of the authority and any 22
proposed transferee; and 23
(b) must be made to the chief executive in the approved form; and 24
(c) must be accompanied by-- 25
(i) the application for transfer or amendment; and 26
(ii) sufficient documentary evidence to support the application 27
for waiver. 28
29
Examples of documentary evidence--
30
insurance report, will, death certificate, court order
s 27 21 s 28
Primary Industries and Other Legislation Amendment
Bill 2003
`(4) If asked by the chief executive, the applicant must give the further 1
relevant information or evidence the chief executive reasonably requires to 2
decide the application. 3
`(5) In this section-- 4
"holder", of an authority of a type prescribed under section 70C, includes 5
the personal representative of a deceased holder.'. 6
27 Replacement of s 67 (Suspension or cancellation of authorities by
Clause 7
chief executive) 8
Section 67-- 9
omit, insert-- 10
`67 Suspension or cancellation of authority by chief executive 11
`(1) The chief executive may suspend or cancel an authority if the chief 12
executive is satisfied the suspension or cancellation is necessary or 13
desirable for the best management, use, development or protection of 14
fisheries resources or fish habitats. 15
16
Example--
17
The examples mentioned in section 59(1)3 are examples of the bases on which the chief
18
executive may be satisfied.
`(2) In acting under subsection (1), the chief executive may disregard any 19
third party interests in the authority. 20
`(3) This section does not affect the suspension or cancellation of an 21
authority under a regulation or management plan.'. 22
28 Amendment of s 68 (Procedure for cancellation or suspension by
Clause 23
chief executive) 24
(1) Section 68(6)-- 25
omit. 26
(2) Section 68(8), `subsection (7)'-- 27
omit, insert-- 28
`subsection (6)'. 29
3 Section 59 (Refusal to issue or renew)
s 29 22 s 29
Primary Industries and Other Legislation Amendment
Bill 2003
(3) Section 68(7) to (9)-- 1
renumber as section 68(6) to (8). 2
29 Insertion of new ss 68A and 68B
Clause 3
After section 68-- 4
insert-- 5
`68A Suspension or cancellation of authority for dishonoured payment 6
`(1) If a person's cheque for payment of the prescribed fee relating to an 7
authority is dishonoured-- 8
(a) if the fee is for an application for the authority--the authority is 9
void from the day it was issued; or 10
(b) if the fee is for an application to renew the authority--the 11
authority is suspended from the renewal date until a valid 12
payment is made; or 13
(c) if the fee is for an application to transfer or amend the 14
authority--the transfer or amendment does not take effect until a 15
valid payment is made; or 16
(d) if the fee is an annual fee--the authority is suspended from the 17
day the fee was due until a valid payment is made; or 18
(e) if the fee is any other prescribed fee--the authority is suspended 19
from the day the fee was due until a valid payment is made. 20
`(2) If the State incurs expense because a person's cheque is 21
dishonoured-- 22
(a) the person must reimburse the State for the expense incurred; and 23
(b) the amount of the expense may be recovered as a debt payable by 24
the person to the State. 25
`(3) In this section-- 26
"cheque" includes a method of payment other than by cash. 27
"dishonoured" includes not honoured on presentation. 28
s 30 23 s 30
Primary Industries and Other Legislation Amendment
Bill 2003
`68B Suspension or cancellation of authority by court 1
`(1) This section applies if a court convicts the holder of an authority of a 2
serious fisheries offence, whether or not a conviction is recorded. 3
`(2) The court may, in addition to, or instead of, imposing the fine 4
prescribed under this Act for the offence, suspend or cancel the authority 5
and any quota relating to the authority. 6
`(3) If an authority is suspended under subsection (2) for a period of 7
time, any quota relating to the authority is suspended for the same period of 8
time. 9
`(4) In acting under subsection (2), the court-- 10
(a) may disregard any third party interests in the authority; and 11
(b) must have regard to-- 12
(i) the criteria prescribed under a regulation or a management 13
plan for suspension or cancellation of an authority; and 14
(ii) the fine the court imposes for the offence. 15
`(5) The court may, if considered appropriate in the circumstances, have 16
regard to any previous conviction of the authority holder under this Act. 17
`(6) The court may impose a cumulative or concurrent suspension 18
period, as the court considers appropriate, if-- 19
(a) the court convicts the holder of more than 1 serious fisheries 20
offence; or 21
(b) during the suspension period, the holder is again convicted of a 22
serious fisheries offence. 23
`(7) This section does not affect the suspension or cancellation of an 24
authority under a regulation or management plan.'. 25
30 Insertion of new s 69A
Clause 26
After section 69-- 27
insert-- 28
`69A Effect of suspension on issue or transfer of another authority 29
`If an authority (the "suspended authority") has been suspended, the 30
chief executive may not accept an application-- 31
s 31 24 s 32
Primary Industries and Other Legislation Amendment
Bill 2003
(a) to issue or transfer to the holder of the suspended authority, 1
another authority that would allow the holder to carry out the 2
activities otherwise allowed under the suspended authority, 3
during the period the suspended authority is suspended; or 4
(b) to transfer the suspended authority, or any quota relating to the 5
suspended authority, to another person during the period the 6
suspended authority is suspended.'. 7
31 Amendment of s 73 (Registers of authorities)
Clause 8
(1) Section 73, heading, after `authorities'-- 9
insert-- 10
`and fisheries development approvals'. 11
(2) Section 73(1), from `of authorities'-- 12
omit, insert-- 13
`of-- 14
(a) authorities issued by the chief executive; and 15
(b) fisheries development approvals.'. 16
32 Insertion of new pt 5, div 3A
Clause 17
Part 5-- 18
insert-- 19
`Division 3A--Fisheries development approvals 20
`Subdivision 1--Particular fisheries development also requires a 21
resource allocation authority 22
`76A Application of sdiv 1 23
`This subdivision applies to the following development-- 24
(a) development mentioned in the Planning Act, schedule 8, part 1, 25
table 1, item 2 or schedule 8, part 1, table 4, item 7, to the extent 26
the development is carried out in Queensland waters or on land 27
s 32 25 s 32
Primary Industries and Other Legislation Amendment
Bill 2003
other than freehold land ("prescribed declared fish habitat 1
area development"); 2
(b) development mentioned in the Planning Act, schedule 8, part 1, 3
table 2, item 5, if it is carried out completely in Queensland 4
waters or on unallocated tidal land ("prescribed aquaculture 5
development"). 6
`76B Requirement for resource allocation authority 7
`A development application for a fisheries development approval must be 8
supported by evidence that 1 of the following is in existence for the 9
development-- 10
(a) for prescribed declared fish habitat area development--a 11
resource allocation authority for interfering with a declared fish 12
habitat area; 13
(b) for prescribed aquaculture development--a resource allocation 14
authority for interfering with fish habitat in Queensland waters or 15
on unallocated tidal land. 16
`76C Nature of fisheries development approval for which resource 17
allocation authority required 18
`(1) This section applies to a fisheries development approval for which a 19
resource allocation authority is required under section 76B. 20
`(2) The approval only authorises a person to carry out development 21
under the approval if the person also holds a resource allocation authority 22
for the development.4 23
`(3) Also, despite the section 3.5.285 of the Planning Act, the approval 24
attaches to the area mentioned in the resource allocation authority for the 25
development. 26
4 See also section 88B (Carrying out particular development without resource
allocation authority).
5 Section 3.5.28 (Approval attaches to land) of the Planning Act
s 32 26 s 32
Primary Industries and Other Legislation Amendment
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`Subdivision 2--Assessment of development applications for fisheries 1
development approval generally 2
`76D Matters chief executive must consider for Planning Act 3
`(1) In assessing a development application for a fisheries development 4
approval the chief executive must consider the potential impact the 5
development would have on-- 6
(a) the management, use, development and protection of fisheries 7
resources and fish habitats; and 8
(b) the management of aquaculture activities. 9
`(2) Also, in assessing a development application for a fisheries 10
development approval for the construction or raising of a waterway barrier 11
works, the chief executive must have regard to the Water Act 2000. 12
`(3) Subsections (1) and (2) do not limit the matters that the chief 13
executive may consider in assessing the application.6 14
`Subdivision 3--Assessment of development applications for 15
construction or raising of waterway barrier works 16
`76E Application for fish movement exemption notice 17
`(1) A person intending to make a development application for the 18
construction or raising of a waterway barrier works in an area may apply to 19
the chief executive for a fish movement exemption notice for the area. 20
`(2) The application must be-- 21
(a) made in the approved form; and 22
(b) accompanied by the prescribed fee; and 23
(c) made before the person makes the development application. 24
6 See section 3.3.15 (Referral agency assesses application) and chapter 3 (Integrated
Development Assessment System (IDAS)), part 5 (Decision stage), division 2
(Assessment process) of the Planning Act.
s 32 27 s 32
Primary Industries and Other Legislation Amendment
Bill 2003
`(3) If asked by the chief executive, the applicant must give, within the 1
period stated by the chief executive, the further relevant information or 2
evidence the chief executive requires to decide the application. 3
`(4) The stated period must be at least 28 days after the further 4
information is requested. 5
`(5) If the applicant does not give the chief executive the further 6
information within the stated period, the chief executive may decide the 7
application without the further information. 8
`76F Deciding application for fish movement exemption notice 9
`(1) The chief executive must consider the application for a fish 10
movement exemption notice for an area and give or refuse to give the 11
notice. 12
`(2) In considering the application, the chief executive must have regard 13
to-- 14
(a) if the application relates to tidal waters--the Coastal Protection 15
and Management Act 1995; or 16
(b) if the application relates to non-tidal waters--the Water Act 2000. 17
`(3) The chief executive may give the notice only if the chief executive is 18
reasonably satisfied it is not necessary or desirable, for the best 19
management, use, development or protection of fisheries resources or fish 20
habitats, for a proposed construction or raising of a waterway barrier works 21
in the area to provide for the movement of fish across the barrier works. 22
23
Examples, for subsection (3), of the bases on which the chief executive may be satisfied--
24
1. Allowing for fish movement in the area is not necessary because--
25
(a) there are no fish located in the area; or
26
(b) it is not necessary for the fish located in the area to access the fish habitat
27
upstream of the area.
28
2. There are other barriers in the area which prevent the movement of fish located in
29
the area.
`(4) The notice must state the period, not longer than 4 years, for which 30
the exemption notice applies. 31
`(5) If the chief executive refuses to give the notice, the chief executive 32
must give the applicant a written notice informing the applicant-- 33
(a) of the refusal and the reasons for the refusal; and 34
s 32 28 s 32
Primary Industries and Other Legislation Amendment
Bill 2003
(b) that the applicant may appeal against the decision to the tribunal 1
within 28 days. 2
`76G When chief executive may approve applications relating to 3
waterway barrier works 4
`(1) This section applies to a development application for the 5
construction or raising of a waterway barrier works. 6
`(2) When giving a concurrence agency response to the assessment 7
manager for the application, the chief executive must tell the assessment 8
manager to refuse the application unless-- 9
(a) the chief executive is reasonably satisfied-- 10
(i) the waterway barrier works includes, or will include, a fish 11
way that adequately provides for the movement of fish 12
across the barrier works; or 13
(ii) the movement of fish across the waterway barrier works is, 14
or will be, adequately provided for in another way; or 15
16
Example of basis on which the chief executive may be satisfied for
17
subparagraph (ii)--
18
The height of the waterway barrier works allows, or will allow,
19
enough water to flow across the barrier works to adequately provide
20
for the movement of fish across the barrier works.
(iii) the waterway barrier works is intended to exist only for a 21
temporary period and the disruption, during the period, to 22
fish movement in the area in which the barrier works is, or is 23
to be, located is acceptable, having regard to the objectives 24
of this Act; or 25
(iv) it is not necessary or desirable, for the best management, 26
use, development or protection of fisheries resources or fish 27
habitats, for the waterway barrier works to provide for the 28
movement of fish across the barrier works; or 29
30
Examples of the bases on which the chief executive may be satisfied for
31
subparagraph (iv)--
32
1. Allowing for fish movement in the area where the waterway
33
barrier works is, or is to be, located is not necessary because--
34
(a) there are no fish located in the area; or
s 32 29 s 32
Primary Industries and Other Legislation Amendment
Bill 2003
1
(b) it is not necessary for the fish located in the area to access
2
the fish habitat upstream of the area.
3
2. There are other barriers in the area where the waterway barrier
4
works is, or is to be, located which prevent the movement of fish
5
located in the area.
(b) the chief executive has given a fish movement exemption notice 6
for the area where the waterway barrier works is, or is to be, 7
located and the notice still applies.7 8
`Subdivision 4--Conditions on fisheries development approvals generally 9
`76H Relationship between sdiv 4 and Planning Act 10
`This subdivision applies subject to chapter 3, part 5, division 68 of the 11
Planning Act. 12
`76I Conditions on fisheries development approvals generally 13
`(1) The chief executive may impose on a fisheries development 14
approval the conditions the chief executive considers appropriate for 15
advancing the objects of this Act.9 16
`(2) Also, the chief executive may impose on the approval a condition 17
requiring the payment of security in the form and for the reasonable 18
amount decided by the chief executive. 19
`76J Conditions on fisheries development approvals relating to 20
aquaculture 21
`(1) This section applies to a fisheries development approval for a 22
material change of use of premises for aquaculture (the "development"). 23
7 See sections 3.3.18 (Concurrence agency's response powers) and 3.5.12 (Decision if
concurrence agency requires refusal) of the Planning Act.
8 Chapter 3 (Integrated Development Assessment System (IDAS)), part 5 (Decision
stage), division 6 (Conditions) of the Planning Act
9 See, however, sections 3.5.30 (Conditions must be relevant or reasonable)
and 3.5.32 (Conditions that can not be imposed) of the Planning Act.
s 32 30 s 32
Primary Industries and Other Legislation Amendment
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`(2) Without limiting section 76I, the chief executive may impose on the 1
approval conditions about 1 or more of the following-- 2
(a) the fisheries resources for which the aquaculture may be carried 3
out; 4
(b) disturbance to-- 5
(i) fisheries resources or a fish habitat; or 6
(ii) commercial, recreational or indigenous fishing; 7
(c) minimising or preventing the risk of escape or accidental release 8
of fisheries resources; 9
(d) minimising or preventing the entry, through the movement of 10
food, water, equipment or other supplies for the development, of 11
fisheries resources into the development area; 12
(e) labelling or marking of products or materials used for the 13
development; 14
(f) rehabilitation of the development area if the development is 15
abandoned or ends; 16
(g) construction and operation of the aquaculture furniture used in 17
the aquaculture; 18
(h) the location of ponds, including, for example, prohibiting 19
location of ponds below the highest astronomical tide or in a 20
watercourse; 21
(i) monitoring the impact of the development on fisheries resources 22
or fish habitat within and adjacent to the development area. 23
`(3) In this section-- 24
"development area", in relation to development, means the area 25
mentioned in the development approval or resource allocation 26
authority relating to the development. 27
"highest astronomical tide" means the highest level of the tides that can 28
be predicted to occur under average meteorological conditions and 29
under any combination of astronomical conditions. 30
s 32 31 s 32
Primary Industries and Other Legislation Amendment
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`76K Conditions on fisheries development approvals for constructing 1
or raising waterway barrier works 2
`(1) This section applies to a fisheries development approval for 3
constructing or raising a waterway barrier works. 4
`(2) Without limiting section 76I, the chief executive may impose on the 5
approval conditions about either or both of the following-- 6
(a) the design or construction of a fish way for the waterway barrier 7
works; 8
(b) monitoring or operation of a fish way. 9
`(3) However, if the chief executive has given, under section 76F, a fish 10
movement exemption notice in relation to the construction or raising, the 11
chief executive must not impose a condition mentioned in subsection (2) 12
unless-- 13
(a) the notice no longer applies; or 14
(b) either-- 15
(i) the information used by the chief executive in deciding to 16
give the notice has changed or was incorrect; or 17
(ii) circumstances relating to fisheries resources or fish habitat, 18
in the area for which the construction or raising is proposed, 19
have changed since the notice was given. 20
`76L Conditions on fisheries development approvals for works in a 21
declared fish habitat area or removal etc. of marine plants 22
`(1) This section applies to a fisheries development approval for 1 or 23
more of the following-- 24
(a) building work in a declared fish habitat area; 25
(b) carrying out operational work completely or partly within a 26
declared fish habitat area; 27
(c) carrying out operational work that is the removal, destruction or 28
damage of marine plants. 29
`(2) Without limiting section 76I, the chief executive may impose on the 30
approval conditions about 1 or more of the following-- 31
(a) disturbance to-- 32
s 32 32 s 32
Primary Industries and Other Legislation Amendment
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(i) fisheries resources or a fish habitat; or 1
(ii) commercial, recreational and indigenous fishing; 2
(b) the type of works that may be undertaken within or adjacent to a 3
declared fish habitat area; 4
(c) buffer zones between the development and fisheries resources, a 5
fish habitat, or a declared fish habitat area; 6
(d) the timing of the development, having regard to fish migration, 7
fish spawning and the flowering and fruiting of marine plants; 8
(e) mitigation measures for any loss of fish habitat; 9
(f) the management of the impact of acid sulphate soil on fisheries 10
resources or a fish habitat; 11
(g) monitoring the impact of the development on fisheries resources 12
or fish habitat within or adjacent to the development area. 13
`(3) In this section-- 14
"development area", in relation to development, means the area 15
mentioned in the development approval or the resource allocation 16
authority relating to the development. 17
`Subdivision 5--Amending conditions on fisheries development 18
approvals 19
`76M Definition for sdiv 5 20
`In this subdivision-- 21
"amend", in relation to the conditions of a fisheries development approval, 22
includes the following-- 23
(a) to change or cancel an existing condition of the approval; 24
(b) to add a new condition on the approval. 25
`76N When chief executive may amend conditions of fisheries 26
development approval 27
`(1) The chief executive may amend the conditions of a fisheries 28
development approval if the chief executive considers the amendment is 29
s 32 33 s 32
Primary Industries and Other Legislation Amendment
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necessary or desirable for the best management, use, development or 1
protection of fisheries resources or fish habitats. 2
`(2) However, the chief executive may amend a condition of an approval 3
for the construction or raising of a waterway barrier works only if the 4
amendment-- 5
(a) will provide for, or improve, the movement of fish across the 6
barrier works; and 7
(b) is only an amendment of a condition about the design of a fish 8
way for the waterway barrier works. 9
`(3) The amendment may be made without the consent of the owner of 10
the area to which the approval attaches and any occupier of the area. 11
`76O Procedure for amendment 12
`(1) Before making the amendment, the chief executive must give 13
written notice to the owner of the area to which the approval attaches and 14
any occupier of the area. 15
`(2) The notice must state-- 16
(a) the proposed amendment and the reasons for the amendment; 17
and 18
(b) that each person to whom the notice is given may make a written 19
submission to the chief executive about the proposed 20
amendment; and 21
(c) the time, at least 15 business days after the notice is given to the 22
person, within which the submission may be made. 23
`(3) After considering any submissions, the chief executive must give to 24
each person to whom the notice was given-- 25
(a) if the chief executive is not satisfied the amendment is necessary 26
or desirable--written notice stating the chief executive has 27
decided not to amend the conditions; or 28
(b) if the chief executive is satisfied the amendment is necessary or 29
desirable--written notice stating the chief executive has decided 30
to amend the conditions. 31
s 32 34 s 32
Primary Industries and Other Legislation Amendment
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`(4) If the chief executive was a concurrence agency for the approval, the 1
chief executive must also give the entity that was the assessment manager 2
for the approval written notice of the amendment. 3
`(5) The amendment takes effect from the day the notice is given to the 4
owner and any occupier of the area to which the approval attaches. 5
`76P No compensation for amendment 6
`(1) Compensation is not payable for an amendment made under this 7
subdivision. 8
`(2) However, subsection (1) does not prevent a regulation or 9
management plan providing for payment of compensation. 10
`76Q Appeal to Planning and Environment Court about amendment 11
`(1) A person to whom a notice is given under section 76O(3) may 12
appeal to the Planning and Environment Court against the decision stated 13
in the notice. 14
`(2) The appeal must be started-- 15
(a) within 20 business days after the day person is given the notice; 16
and 17
(b) in the way stated in the Planning Act, section 4.1.39.10 18
`(3) The chief executive is the respondent for the appeal. 19
`(4) The person must, within 10 business days after the day the appeal is 20
started give written notice of the appeal to the chief executive and, if 21
another person was given a notice under section 76O(3), the other person. 22
`(5) The Planning Act, chapter 4, part 1, division 11 applies to the appeal 23
as if the appeal were a proceeding started under the Planning Act, 24
chapter 4, part 1.11 25
10 Planning Act, section 4.1.39 (How appeals to the court are started)
11 Planning Act, chapter 4, (Appeals, offences and enforcement), part 1 (Planning and
Environment Court), division 11 (Alternative dispute resolution)
s 32 35 s 32
Primary Industries and Other Legislation Amendment
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`76R Court process for appeals 1
`(1) The Planning Act, chapter 4, part 1, divisions 12 and 13, other than 2
sections 4.1.50 and 4.1.52(2) and (3),12 apply to an appeal mentioned in 3
section 76Q. 4
(2) In the appeal, it is for the person who appealed against the decision to 5
establish that the appeal should be upheld. 6
`Subdivision 6--Provisions about development offences 7
`76S Purpose of sdiv 6 8
`This subdivision states-- 9
(a) the penalties that are to apply to particular offences under the 10
Planning Act; and 11
(b) an additional requirement for persons carrying out, under the 12
Planning Act, development in an emergency.13 13
`76T Penalties for carrying out assessable development without permit 14
`(1) This section applies to fisheries development if it is assessable 15
development. 16
`(2) For the Planning Act, section 4.3.1(1),14 the maximum penalty for 17
starting the development without a development permit is-- 18
(a) for development mentioned in the Planning Act, schedule 8, 19
part 1, table 1, item 2 or schedule 8, part 1, table 4, item 7 20
or 8--3 000 penalty units; or 21
12 Planning Act, chapter 4, (Appeals, offences and enforcement), part 1 (Planning and
Environment Court), divisions 12 (Court process for appeals) and 13 (Appeals to
Court of Appeal), sections 4.1.50 (Who must prove case) and 4.1.52 (Appeal by way
of hearing anew)
13 Section 4.3.29(1)(a) and (c) of the Planning Act provides that provisions, of an Act,
about the monetary penalties for offences about development or about carrying out
development in an emergency will prevail over the provisions in chapter 4 (Appeals,
offences and enforcement), part 3 (Development offences, notices and orders) of the
Planning Act to the extent of any inconsistency.
14 Planning Act, section 4.3.1 (Carrying out assessable development without permit)
s 33 36 s 33
Primary Industries and Other Legislation Amendment
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(b) for development mentioned in the Planning Act, schedule 8, 1
part 1, table 2, item 5--1 665 penalty units; or 2
(c) for development mentioned in the Planning Act, schedule 8, 3
part 1, table 4, item 6--2 000 penalty units. 4
`76U Penalties for non-compliance with particular development 5
approvals 6
`(1) This section applies to a fisheries development approval for the 7
construction or raising of a waterway barrier works if conditions about 8
either or both of the following are imposed on the approval-- 9
(a) the design or construction of a fish way for the waterway barrier 10
works; 11
(b) monitoring or operation of a fish way. 12
`(2) For the Planning Act, section 4.3.3(1),15 the maximum penalty for 13
not complying with the condition is 2000 penalty units. 14
`76V Additional requirement for development carried out in 15
emergency 16
`(1) This section applies to a person who starts fisheries development 17
under the Planning Act, section 4.3.6.16 18
`(2) For the Planning Act, section 4.3.6(1)(b), the person must give the 19
notice to the chief executive and, if the development is assessable 20
development for which the chief executive is not the assessment manager, 21
the assessment manager.'. 22
33 Insertion of new s 88B
Clause 23
Part 5, division 4-- 24
insert-- 25
15 Planning Act, section 4.3.3 (Compliance with development approval)
16 Planning Act, section 4.3.6 (Development or use carried out in emergency)
s 33 37 s 33
Primary Industries and Other Legislation Amendment
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`88B Carrying out particular development without resource allocation 1
authority 2
`(1) This section applies to development mentioned in the following 3
provisions of the Planning Act-- 4
(a) schedule 8, part 1, table 1, item 2; 5
(b) schedule 8, part 1, table 2, item 5; 6
(c) schedule 8, part 1, table 4, item 7; 7
(d) schedule 8, part 2, table 4, item 4(a). 8
`(2) A person must not carry out the development unless the person also 9
holds a resource allocation authority for the development. 10
Maximum penalty-- 11
(a) for development mentioned in paragraph (a), (c) or 12
(d)--3 000 penalty units; or 13
(b) for development mentioned in paragraph (b)--1 665 penalty 14
units. 15
`(3) Subsection (2) does not apply to a person if-- 16
(a) the person starts development because of an emergency 17
endangering-- 18
(i) the life or health of a person; or 19
(ii) the structural safety of a building; and 20
(b) the person gives, as soon as practicable after starting the 21
development, written notice of the development to the relevant 22
person for the development; and 23
(c) the person is not required to stop carrying out the development 24
by an enforcement notice or order under the Planning Act. 25
`(4) In this section-- 26
"relevant person", for development, means the chief executive and, if the 27
development is assessable development for which the chief executive 28
is not the assessment manager, the assessment manager.'. 29
s 34 38 s 38
Primary Industries and Other Legislation Amendment
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34 Omission of pt 5, div 8 (Fish ways)
Clause 1
Part 5, division 8-- 2
omit. 3
35 Amendment of s 118 (Statistical returns to be kept)
Clause 4
(1) Section 118(1), after `plan,'-- 5
insert-- 6
`a condition of an authority,'. 7
(2) Section 118(1)(b), `in a stated way'-- 8
omit, insert-- 9
`in writing or in another stated way'. 10
36 Amendment of s 119 (Codes of practice)
Clause 11
Section 119(3), `a code of practice'-- 12
omit, insert-- 13
`the code'. 14
37 Amendment of s 124 (Chief executive may rehabilitate or restore
Clause 15
land etc.) 16
(1) Section 124(1)(b)(i)-- 17
omit, insert-- 18
`(i) this Act or the Planning Act, so far as it relates to fisheries 19
development;'. 20
(2) Section 124(1)(b)(iv), after `authority'-- 21
insert-- 22
`or a fisheries development approval'. 23
38 Insertion of new s 140A
Clause 24
After section 140-- 25
s 39 39 s 40
Primary Industries and Other Legislation Amendment
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insert-- 1
`140A Functions of inspectors 2
`An inspector has the function of conducting investigations and 3
inspections to monitor and enforce compliance with-- 4
(a) this Act; and 5
(b) the Planning Act, so far as it relates to fisheries development.'. 6
39 Amendment of s 145 (Entry to places)
Clause 7
(1) Section 145(1)(c), after `an authority'-- 8
insert-- 9
`, a fisheries development approval, or a self-assessable development 10
code,'. 11
(2) Section 145(1)(c)(ii), after `the authority'-- 12
insert-- 13
`, approval or code,'. 14
(3) Section 145-- 15
insert-- 16
`(4) In this section-- 17
"self-assessable development code" means a code applying to 18
self-assessable development.'. 19
40 Amendment of s 184 (Evidentiary provisions)
Clause 20
(1) Section 184(5)-- 21
omit, insert-- 22
`(5) A certificate signed by a person mentioned in subsection (3) stating 23
that the person used equipment prescribed under a regulation to retrieve 24
data, sent from the VMS equipment for a stated boat, that recorded the 25
VMS equipment's position to be at a stated place at a stated time on a 26
stated day is evidence that the boat was at the place at the time on the day. 27
`(5A) A single certificate may be issued for data sent at more than 1 time 28
on a day or on more than 1 day. 29
s 41 40 s 42
Primary Industries and Other Legislation Amendment
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1
Example for subsections (5) and (6)--
2
An inspector signs a certificate stating that, on 21 January 2004, the inspector, using
3
ABC equipment, being equipment prescribed under a regulation, retrieved data sent
4
from the VMS equipment for XYZ boat that recorded the VMS equipment's position to
5
be--
6
(a) at latitude 24º33'07" south and longitude 152º57'25" east at 9.30 a.m. on
7
1 January 2002; and
8
(b) at latitude 24º28'00" south and longitude 152º55'32" east at 12.45 p.m. on
9
5 January 2002.
10
The inspector's certificate is evidence the XYZ boat was at the places stated in
11
paragraphs (a) and (b) at the times and on the days stated.
`(5B) If it is relevant to establish a person took fish, evidence that the 12
person possessed the fish at any time is evidence that the person took the 13
fish.'. 14
(2) Section 184(5A) to (6)-- 15
renumber as section 184(6) to (8). 16
41 Amendment of s 196 (Appeals to tribunal)
Clause 17
Section 196(2)-- 18
omit, insert-- 19
`(aa) a decision of the chief executive under the Planning Act;'. 20
42 Insertion of new s 219A
Clause 21
After section 219-- 22
insert-- 23
`219A Executive officers must ensure corporation complies with Act 24
`(1) The executive officers of a corporation must ensure the corporation 25
complies with this Act. 26
`(2) If a corporation commits an offence against a provision of this Act, 27
each of the corporation's executive officers also commits an offence, 28
namely, the offence of failing to ensure the corporation complies with the 29
provision. 30
Maximum penalty--the penalty for the commission of the offence by an 31
individual. 32
s 43 41 s 44
Primary Industries and Other Legislation Amendment
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`(3) Evidence that the corporation has been convicted of an offence 1
against a provision of this Act is evidence that each of the executive officers 2
committed the offence of failing to ensure the corporation complies with 3
the provision. 4
`(4) However, it is a defence for an executive officer to prove-- 5
(a) if the officer was in a position to influence the conduct of the 6
corporation in relation to the offence, the officer exercised 7
reasonable diligence to ensure the corporation complied with the 8
provision; or 9
(b) the officer was not in a position to influence the conduct of the 10
corporation in relation to the offence.'. 11
43 Amendment of s 223 (Regulation making power)
Clause 12
(1) Section 223, heading, `Regulation making'-- 13
omit, insert-- 14
`Regulation-making'. 15
(2) Section 223(2)(a)-- 16
omit, insert-- 17
`(a) prescribe the fees that are payable-- 18
(i) under this Act; or 19
(ii) to the chief executive in relation to the chief executive's 20
functions, under the Planning Act, as assessment manager 21
or a concurrence agency; or'. 22
44 Insertion of new pt 12, div 4
Clause 23
Part 12-- 24
insert-- 25
s 44 42 s 44
Primary Industries and Other Legislation Amendment
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`Division 4--Transitional provisions for Primary Industries and Other 1
Legislation Amendment Act 2003 2
`Subdivision 1--Definitions 3
`240 Definitions for div 4 4
`In this division-- 5
"amending Act" means the Primary Industries and Other Legislation 6
Amendment Act 2003. 7
"unamended Act" means this Act as in force before the commencement of 8
section 241. 9
"relevant authority" means any of the following-- 10
(a) an aquaculture licence; 11
(b) an approval, under section 114 of the unamended Act, to build a 12
waterway barrier works; 13
(c) a permit to perform works or related activity in a declared fish 14
habitat area; 15
(d) a permit to remove, destroy or damage marine plants. 16
`Subdivision 2--Continuing effect of particular authorities or approvals 17
`241 Continuing effect of existing licences or permits 18
`(1) This section applies to the following authorities in force 19
immediately before the commencement of this section or issued under 20
section 252-- 21
(a) an aquaculture licence other than an aquaculture licence for 22
harvesting wild oysters from foreshores; 23
(b) a permit for the performance of works in a declared fish habitat 24
area; 25
(c) a permit for the removal, destruction or damage of marine plants. 26
`(2) From the commencement, the authority has effect as if-- 27
s 44 43 s 44
Primary Industries and Other Legislation Amendment
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(a) the authority were a development permit, for which the chief 1
executive was the assessment manager, for-- 2
(i) if the authority is an aquaculture licence--a material change 3
of use of premises; or 4
(ii) if the authority is a permit for the performance of works in a 5
declared fish habitat area or for the removal, destruction or 6
damage of marine plants--operational works; and 7
(b) the conditions of the authority, to the extent they relate to 8
development, were conditions of the development permit; and 9
(c) the term of the authority were the currency period of the 10
development permit; and 11
(d) if the development under a development permit would, if the 12
development permit was applied for after the commencement, 13
require a resource allocation authority for Queensland waters, 14
unallocated tidal land or declared fish habitat area-- 15
(i) the relevant resource allocation authority for the 16
development had been issued; and 17
(ii) the conditions of the authority, to the extent they relate to 18
the use of a declared fish habitat area, Queensland waters or 19
unallocated tidal land, were conditions of the resource 20
allocation authority; and 21
(iii) the term of the authority were the term of the resource 22
allocation authority.17 23
`(3) However, subsection (2) applies only to authorise the holder of the 24
authority to carry out activities for which an authority mentioned in 25
subsection (1) could have been granted under the unamended Act. 26
`(4) If the currency period does not end within 6 months after the 27
commencement, the chief executive must, as soon as practicable, issue the 28
holder of the authority-- 29
(a) a development permit; and 30
(b) if the development under a development permit would, if the 31
development permit was applied for after the commencement, 32
require a resource allocation authority for Queensland waters, 33
17 See section 76B for developments that require a resource allocation authority.
s 44 44 s 44
Primary Industries and Other Legislation Amendment
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unallocated tidal land or declared fish habitat area--a relevant 1
resource allocation authority for the development. 2
`(5) A development permit or resource allocation authority issued under 3
subsection (4) must state-- 4
(a) for the permit--the currency period for, and conditions of, the 5
permit; or 6
(b) for the authority--the term and conditions of the authority. 7
`242 Continuing effect of existing approvals for waterway barrier 8
works 9
`(1) This section applies to an approval to build or raise a waterway 10
barrier works-- 11
(a) given under the unamended Act before the commencement of 12
this section; and 13
(b) in force immediately before the commencement. 14
`(2) From the commencement, the approval has effect as if-- 15
(a) the approval were a development permit for operational works, 16
for which the chief executive was the assessment manager; and 17
(b) any direction given, under section 116 of the unamended Act, in 18
relation to the approval were a condition of the development 19
permit; and 20
(c) the currency period for the development permit started on the day 21
the approval was given and ends on the day 2 years after the 22
approval was given.18 23
`243 Continuing effect of existing aquaculture licences for wild oyster 24
harvesting 25
`(1) This section applies to an aquaculture licence for harvesting wild 26
oysters from foreshores, in force immediately before the commencement of 27
this section or issued under section 252. 28
18 Note, a person may, under the Planning Act, section 3.5.22, ask the assessment
manager (the chief executive) to extend the currency period for a development
approval.
s 44 45 s 44
Primary Industries and Other Legislation Amendment
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`(2) From the commencement, the licence, and any conditions of the 1
licence, have effect as if the licence were an authority to take fish for trade 2
or commerce in a commercial fishery. 3
`(3) Subsection (2) has effect only for the term of the licence. 4
`Subdivision 3--Effect of commencement on particular applications in 5
progress 6
`244 Applications in progress for particular relevant authorities 7
`(1) This section applies to an application for a relevant authority, other 8
than an aquaculture licence for harvesting wild oysters from foreshores, if 9
the application is not finally decided before the commencement of this 10
section. 11
`(2) From the commencement, the application is taken to be a 12
development application for which the chief executive is the assessment 13
manager. 14
`(3) Also-- 15
(a) for an application for development that must be supported by 16
evidence of the existence of a resource allocation authority for 17
the development--the following applies-- 18
(i) the application is taken to also be an application for the 19
relevant resource allocation authority for the development; 20
(ii) the part of the application for the resource allocation 21
authority must be decided first; 22
(iii) if the part of the application for the resource allocation 23
authority is refused--the whole application is taken to have 24
been withdrawn; 25
(iv) if the part of the application for the resource allocation is 26
granted--the day the part of the application is granted is 27
taken to be-- 28
s 44 46 s 44
Primary Industries and Other Legislation Amendment
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(A) if the chief executive has received, for the application, 1
further relevant information under section 54(2)--the 2
day the decision stage for the development application 3
starts;19 or 4
(B) otherwise--the day the information and referral stage 5
of the development application starts;20 or 6
(b) for another application--the day this section commences is taken 7
to be-- 8
(i) if the chief executive has received, for the application, 9
further relevant information under section 54(2)--the day 10
the decision stage for the development application starts; or 11
(ii) otherwise--the day the information and referral stage of the 12
development application starts. 13
`245 Applications in progress for aquaculture licences for wild oyster 14
harvesting 15
`(1) This section applies to an application for an aquaculture licence for 16
harvesting wild oysters from foreshores if the application is not finally 17
decided before the commencement of this section. 18
`(2) From the commencement, the application is taken to be an 19
application for an authority to take fish for trade or commerce in the 20
commercial fishery. 21
`Subdivision 4--Effect of commencement on particular appeals 22
`246 Definitions for sdiv 4 23
`In this subdivision-- 24
"continuing appeal" see section 247. 25
19 See chapter 3 (Integrated Development Assessment System (IDAS)), part 5
(Decision stage) of the Planning Act.
20 See chapter 3 (Integrated Development Assessment System (IDAS)), part 3
(Information and referral stage) of the Planning Act.
s 44 47 s 44
Primary Industries and Other Legislation Amendment
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"development authority" means a relevant authority for which the chief 1
executive would be the assessment manager or concurrence agency if 2
an application for a development permit for the development to which 3
the authority relates had been made after the commencement of 4
section 247. 5
`247 Application of sdiv 4 6
`This subdivision applies to an appeal (a "continuing appeal") to the 7
tribunal if-- 8
(a) the decision being appealed against in the appeal is the refusal to 9
issue a relevant authority; and 10
(b) the appeal was started but not decided before the commencement 11
of this section. 12
`248 Appeal to be decided under provisions before commencement 13
`The tribunal must decide the continuing appeal under the unamended 14
Act. 15
`249 Effect of tribunal decision to issue relevant authority 16
`If the tribunal decides that the relevant authority must be issued, the 17
chief executive must issue-- 18
(a) for an application for an aquaculture licence for harvesting wild 19
oysters from foreshores--an authority to take fish for trade or 20
commerce; or 21
(b) for an application for another relevant authority-- 22
(i) a development permit for the development to which the 23
authority relates; and 24
(ii) if the development under a development permit would, if 25
the development permit was applied for after the 26
commencement of this section, require a resource allocation 27
authority for Queensland waters, unallocated tidal land or 28
s 44 48 s 44
Primary Industries and Other Legislation Amendment
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declared fish habitat area--a relevant resource allocation 1
authority for the development.21 2
`250 Effect of tribunal decision to refer matter back to chief 3
executive--development authority 4
`(1) This section applies only to an application for a development 5
authority. 6
`(2) If the tribunal refers the matter to the chief executive with directions, 7
to the extent the application relates to fisheries development-- 8
(a) the application is taken to be-- 9
(i) a development application lodged on the day the tribunal 10
made its decision; and 11
(ii) if the development under a development application would, 12
if the development application were made after the 13
commencement, require a resource allocation authority for 14
Queensland waters, unallocated tidal land or declared fish 15
habitat area--an application for the relevant resource 16
allocation authority for the development;22 and 17
(b) the chief executive is taken to be the assessment manager for the 18
development application; and 19
(c) the chief executive must, when acting as assessment manager for 20
the development application, follow the tribunal's directions to 21
the extent possible. 22
`251 Effect of tribunal decision to refer matter back to chief 23
executive--particular aquaculture licences 24
`(1) This section applies only to an application for an aquaculture licence 25
for harvesting oysters from foreshores. 26
`(2) If the tribunal refers the matter to the chief executive with 27
directions-- 28
21 See section 76B for developments that require a resource allocation authority.
22 See section 76B for developments that require a resource allocation authority.
s 45 49 s 45
Primary Industries and Other Legislation Amendment
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(a) the application is taken to be an application for an authority to 1
take fish for trade or commerce; and 2
(b) the chief executive must follow the tribunal's directions to the 3
extent possible. 4
`252 Effect of tribunal decision to not issue relevant authority 5
`If the tribunal confirms the decision being appealed against, despite the 6
commencement of the amending Act-- 7
(a) the application continues to be an application for the relevant 8
authority; and 9
(b) any further decision about the application must be made under 10
the unamended Act. 11
`Subdivision 5--Effect of commencement on prescribed criteria 12
`253 Continuing effect of criteria prescribed for s 67 13
`Criteria prescribed for section 67(2)(b)(i) and in force immediately 14
before the commencement of this section are, after the commencement, 15
subject to any amendment or repeal, taken to be criteria prescribed for 16
section 68B(4)(b)(i).'. 17
45 Amendment of schedule (Dictionary)
Clause 18
(1) Schedule, definitions "authority", "fisheries offence", 19
"nonindigenous fisheries resources" and "serious fisheries offence"-- 20
omit. 21
(2) Schedule-- 22
insert-- 23
` "amend", for part 5, division 3A, subdivision 5, see section 76M. 24
"amending Act", for part 12, division 4, see section 240. 25
"assessable development" see the Planning Act, schedule 10. 26
s 45 50 s 45
Primary Industries and Other Legislation Amendment
Bill 2003
"assessment manager" see the Planning Act, section 3.1.7.23 1
"authority" means-- 2
(a) a licence, permit, resource allocation authority or other authority 3
issued, and in force, under this Act; or 4
(b) a quota in force under this Act. 5
"concurrence agency", for a development application, see the Planning 6
Act, schedule 10.24 7
"continuing appeal", for part 12, division 4, subdivision 4, see 8
section 246. 9
"currency period", for a development approval, see the Planning Act, 10
schedule 10. 11
"development application" see the Planning Act, schedule 10. 12
"development approval" see the Planning Act, schedule 10.25 13
"development authority", for part 12, division 4, subdivision 4, see 14
section 246. 15
"development permit" see Planning Act, section 3.1.5(3). 16
"executive officer", for a corporation, means a person who is concerned 17
with, or takes part in, its management, whether or not the person is a 18
director or the person's position is given the name of executive officer. 19
"fisheries development" means assessable or self-assessable development 20
relating to aquaculture, fisheries resources, fish habitat or waterway 21
barrier works. 22
"fisheries development approval" means a development approval for 23
which the chief executive is assessment manager or a concurrence 24
agency. 25
23 Generally, under the Planning Act, the "assessment manager", for an application
for a development approval is the entity stated in schedule 8A of that Act for the
application.
24 Under the Planning Act, the concurrence agency for a development application is
the entity prescribed under a regulation under that Act as a concurrence agency for
the application or, if the functions of the entity in relation to the application have
been devolved or delegated to another entity, the other entity.
25 Under the Planning Act, a development approval is required for certain
development. A development approval may be in the form of a preliminary approval,
a development permit or a combination of both of them.
s 45 51 s 45
Primary Industries and Other Legislation Amendment
Bill 2003
"fisheries offence" means an offence against-- 1
(a) fisheries legislation; or 2
(b) the Planning Act, if the offence relates to fisheries development. 3
"fish movement exemption notice", in relation to a development 4
application for the construction or raising of a waterway barrier 5
works, means a written notice stating the applicant is not required to 6
ensure the waterway barrier works adequately provides for the 7
movement of fish across the barrier. 8
"indigenous fisheries resources" means fisheries resources-- 9
(a) in relation to a particular area-- 10
(i) spawned, born or grown, other than by aquaculture, in the 11
area; and 12
(ii) belonging to a species of fisheries resources native to the 13
area; or 14
(b) without reference to a particular area-- 15
(i) spawned, born or grown, other than by aquaculture, in 16
Queensland; and 17
(ii) belonging to a species of fisheries resources native to 18
Queensland. 19
"nonindigenous fisheries resources" means fisheries resources that-- 20
(a) in relation to a particular area--do not fall in the category 21
mentioned in this schedule, definition "indigenous fisheries 22
resources", paragraph (a); or 23
(b) without reference to a particular area--do not fall in the category 24
mentioned in this schedule, definition "indigenous fisheries 25
resources", paragraph (b). 26
"offence against this Act", other than for section 220,26 includes an 27
offence against the Planning Act so far as it relates to fisheries 28
development. 29
"Planning Act" means the Integrated Planning Act 1997. 30
"prescribed aquaculture development" see section 76A(b). 31
26 Section 220 (Start of offence proceedings)
s 46 52 s 47
Primary Industries and Other Legislation Amendment
Bill 2003
"prescribed declared fish habitat area development" see 1
section 76A(a). 2
"relevant authority", for part 12, division 4, see section 240. 3
"resource allocation authority" means a resource allocation authority 4
issued, and in force, under part 5, division 3, subdivision 2A. 5
"self-assessable development" see the Planning Act, schedule 10. 6
"serious fisheries offence" means a fisheries offence prescribed under a 7
regulation or management plan to be a serious fisheries offence. 8
"transfer", of an authority, includes-- 9
(a) transfer by a joint holder of the authority, of all or part of the 10
holder's interest in the authority, to the other joint holders of the 11
authority; and 12
(b) if the authority is a quota relating to another authority--transfer 13
by the holder of the quota, from the authority to which it relates, 14
to another authority held by the same holder. 15
"unallocated tidal land" means tidal land that is unallocated State land 16
under the Land Act 1994, schedule 6. 17
"unamended Act", for part 12, division 4, see section 240.'. 18
PART 6--AMENDMENT OF FOOD PRODUCTION 19
(SAFETY) ACT 2000 20
46 Act amended in pt 6
Clause 21
This part amends the Food Production (Safety) Act 2000. 22
47 Amendment of s 6 (Exemption from application of Act)
Clause 23
(1) Section 6(2)-- 24
omit, insert-- 25
`(2) Also, this Act does not apply to-- 26
s 48 53 s 49
Primary Industries and Other Legislation Amendment
Bill 2003
(a) primary produce possessed by an individual for the individual's 1
own use, unless the produce is moved from the place at which it 2
was produced; or 3
(b) the production of primary produce carried out by an individual, 4
unless the produce is-- 5
(i) supplied, or intended for supply; or 6
(ii) used, or intended for use, as food for paying guests; or 7
(iii) moved from the place at which it was produced. 8
`(2A) Despite subsection (2), this Act does not apply to primary produce 9
moved from the place at which it was produced if-- 10
(a) the primary produce is harvested in the wild; or 11
(b) the following apply-- 12
(i) Safe Food has advised the Minister that it is satisfied the 13
primary produce is unlikely to expose members of the 14
public to a food safety hazard; 15
(ii) the primary produce is prescribed under a regulation for this 16
subsection.'. 17
(2) Section 6(2A) and (3)-- 18
renumber as section 6(3) and (4). 19
48 Amendment of s 7 (Definitions)
Clause 20
Section 7, `the schedule'-- 21
omit, insert-- 22
`schedule 2'. 23
49 Amendment of s 10 (Meaning of "primary produce")
Clause 24
Section 10(1)-- 25
insert-- 26
`(d) a substance, other than food-- 27
(i) that is labelled as not intended for consumption by humans 28
or animals; and 29
s 50 54 s 52
Primary Industries and Other Legislation Amendment
Bill 2003
(ii) that the Minister is satisfied-- 1
(A) is likely to be consumed by humans or animals; and 2
(B) if consumed by humans or animals--poses a food 3
safety hazard to the humans or animals; and 4
(iii) that is prescribed under a regulation to be primary produce.'. 5
50 Replacement of pt 2, div 1, hdg
Clause 6
Part 2, division 1, heading-- 7
omit, insert-- 8
`Division 1--Establishment, functions and powers of Safe Food'. 9
51 Omission of pt 2, div 2 hdg
Clause 10
Part 2, division 2, heading-- 11
omit. 12
52 Insertion of new pt 2, div 2
Clause 13
After section 16-- 14
insert-- 15
`Division 2--Board of directors 16
`16A The board 17
`There is a board of directors of Safe Food (the "board"). 18
`16B Role of board 19
`(1) The board is responsible for the way in which Safe Food performs 20
its functions and exercises its powers. 21
`(2) Without limiting subsection (1), it is the board's role-- 22
(a) to decide the strategies and the operational, administrative and 23
financial policies to be followed by Safe Food; and 24
s 52 55 s 52
Primary Industries and Other Legislation Amendment
Bill 2003
(b) to receive advice or recommendations from the advisory 1
committee, and make recommendations to the Minister, about 2
the level and structure of fees proposed to be included in a food 3
safety scheme; and 4
(c) to ensure Safe Food performs its functions in a proper, effective 5
and efficient way; and 6
(d) to review annually the performance of its chief executive officer. 7
`16C Composition of board 8
`(1) The board consists of the following persons ("directors")-- 9
(a) the chief executive; 10
(b) the health chief executive; 11
(c) not more than 3 persons, appointed by the Governor in Council, 12
who have qualifications or experience in at least 1 of the 13
following areas-- 14
(i) finance or financial administration; 15
(ii) food safety; 16
(iii) law; 17
(iv) public administration; 18
(v) representing the interests of consumers. 19
`(2) The Governor in Council must appoint 1 of the directors appointed 20
under subsection (1)(c) as the chairperson. 21
`16D Chairperson to report to Minister 22
`(1) The chairperson must report to the Minister on the performance of 23
Safe Food's functions or the exercise of its powers. 24
`(2) A report must be given-- 25
(a) within 1 month after the end of each quarter; and 26
(b) at any other time at the Minister's request. 27
`(3) Also, the chairperson must, immediately after becoming aware of a 28
matter the chairperson is satisfied may adversely affect Safe Food's ability 29
to perform its functions, report the matter to the Minister. 30
s 53 56 s 55
Primary Industries and Other Legislation Amendment
Bill 2003
`(4) In subsection (2)-- 1
"quarter" means the 3 month period ending on 31 March, 30 June, 2
30 September or 31 December. 3
`16E Chairperson to give business plan to Minister 4
`(1) The chairperson must give the Minister a copy of each business 5
plan, prepared by the chief executive officer, by 30 April in the year for 6
which the plan is prepared. 7
`(2) The chairperson must not give a copy of a business plan to the 8
Minister unless the board has approved the business plan. 9
`16F Additional provisions about board 10
`Additional provisions about the board are in schedule 1.'. 11
53 Replacement of pt 2, div 3, hdg
Clause 12
Part 2, division 3, heading-- 13
omit, insert-- 14
`Division 3--Chief executive officer of Safe Food'. 15
54 Amendment of s 17 (Appointment of chief executive officer)
Clause 16
Section 17(1)-- 17
omit, insert-- 18
`(1) Safe Food's chief executive officer is to be appointed by the 19
Governor in Council on the recommendation of Safe Food's board.'. 20
55 Amendment of s 18 (Conditions of appointment)
Clause 21
Section 18, `Minister'-- 22
omit, insert-- 23
`board'. 24
s 56 57 s 57
Primary Industries and Other Legislation Amendment
Bill 2003
56 Amendment of s 19 (Qualifications for appointment)
Clause 1
(1) Section 19(1)-- 2
omit, insert-- 3
`(1) The board may, under section 17, recommend a person to be 4
appointed as chief executive officer of Safe Food only if the board is 5
satisfied the person has the necessary experience or expertise to be the chief 6
executive officer.'. 7
(2) Section 19(2)(b)-- 8
omit, insert-- 9
`(b) is, or has been, convicted of an indictable offence; or'. 10
57 Amendment of s 21 (Chief executive officer to manage Safe Food's
Clause 11
affairs and prepare business plans) 12
(1) Section 21, heading-- 13
omit, insert-- 14
`21 Responsibilities of chief executive officer'. 15
(2) Section 21(2) and (3)-- 16
renumber as section 21(3) and (4). 17
(3) Section 21(1)-- 18
omit, insert-- 19
`(1) The chief executive officer must-- 20
(a) manage the affairs of Safe Food in accordance with the strategies 21
and operational, administrative and financial policies decided by 22
the board; and 23
(b) report to the board about the implementation of the strategies and 24
policies; and 25
(c) advise the board about the activities of the advisory committee 26
and its subcommittees; and 27
(d) advise the board about progress in the development of food 28
safety schemes and related food safety policies. 29
`(2) Without limiting subsection (1), the chief executive officer must-- 30
s 58 58 s 59
Primary Industries and Other Legislation Amendment
Bill 2003
(a) prepare a business plan for each year; and 1
(b) give the plan to the board by 31 March in the year for which the 2
plan is prepared.'. 3
58 Omission of s 22 (Chief executive officer to give business plans to
Clause 4
Minister) 5
Section 22-- 6
omit. 7
59 Insertion of new ss 23A23C
Clause 8
After section 23-- 9
insert-- 10
`23A Safe Food's seal 11
`(1) Safe Food's seal must be kept in the custody of the chief executive 12
officer or as directed by the board and may be used only as authorised by 13
the board. 14
`(2) Judicial notice must be taken of the imprint of Safe Food's seal 15
appearing on a document and the document must be presumed to have been 16
properly sealed until the contrary is proved. 17
`23B Judicial notice of certain signatures 18
`Judicial notice must be taken of-- 19
(a) the official signature of a person who is or has been the 20
chairperson; and 21
(b) the fact that the person holds or has held the office concerned. 22
`23C Authentication of documents 23
`(1) A document made by Safe Food, other than a document that is 24
required to be sealed, is sufficiently made if it is signed by-- 25
(a) the chairperson; or 26
(b) the chief executive officer; or 27
s 60 59 s 63
Primary Industries and Other Legislation Amendment
Bill 2003
(c) another person authorised by Safe Food. 1
`(2) A document made by Safe Food under seal is sufficiently made 2
under seal if it is sealed in the way authorised under section 23A(1) and 3
signed by a person mentioned in subsection (1).'. 4
60 Amendment of s 24 (Delegation)
Clause 5
Section 24(2), from `if satisfied'-- 6
omit, insert-- 7
`if-- 8
(a) the chief executive officer is satisfied the committee members 9
are, or employee is, appropriately qualified; and 10
(b) the board approves the delegation.'. 11
61 Omission of s 31 (Time and place of first meeting)
Clause 12
Section 31-- 13
omit. 14
62 Amendment of s 67 (Suspension or cancellation--grounds)
Clause 15
Section 67(b)(ii), `, whether on indictment or summarily'-- 16
omit. 17
63 Insertion of new pt 11, div 4
Clause 18
Part 11, after division 3-- 19
insert-- 20
`Division 4--Transitional provision for Primary Industries and Other 21
Legislation Amendment Act 2003 22
`140U References in existing documents 23
`In a document in existence, for the purposes of part 2, division 3, 24
immediately before the commencement of this section, a reference to the 25
s 64 60 s 64
Primary Industries and Other Legislation Amendment
Bill 2003
Minister may, if the context permits, be taken to be a reference to the 1
board.'. 2
64 Amendment of schedule (Dictionary)
Clause 3
(1) Schedule-- 4
insert-- 5
` "appointed director" see schedule 1, section 1. 6
"board" see section 16A. 7
"chairperson", other than for section 27(2), means the chairperson of the 8
board. 9
"directors" see section 16C. 10
"food safety hazard", for primary produce, means a thing or a situation 11
that has the potential to cause the produce not to comply with-- 12
(a) if a compulsory standard applies under a regulation for a 13
requirement under the regulation--the compulsory standard for 14
the requirement; or 15
(b) if an advisory standard applies under a regulation for a 16
requirement under the regulation-- 17
(i) the advisory standard for the requirement; or 18
(ii) if a program is following another way that gives the same or 19
better level of risk for the requirement--the way stated in 20
the program. 21
22
Example--
23
A food safety hazard exists if--
24
(a) milk supplied to an accreditation holder who processes dairy produce has a
25
residue level greater than the MRLs stated in the compulsory standard for
26
a requirement; but
27
(b) the milk is not unacceptable.
"food standards code" means the Australia New Zealand Food Standards 28
Code as defined under the Australia New Zealand Food Authority Act 29
1991 (Cwlth). 30
"health chief executive" means the chief executive of the department 31
responsible for the administration of the Health Act 1937. 32
s 65 61 s 65
Primary Industries and Other Legislation Amendment
Bill 2003
"indictable offence" includes an indictable offence dealt with summarily, 1
whether or not the Criminal Code, section 659,27 applies to the 2
indictable offence. 3
"MRLs" means maximum residue limits within the meaning of the food 4
standards code, Part 1.4 `Contaminants and residues', Standard 1.4.2 5
`Maximum residue limits (Australia only)'.'. 6
(2) Schedule, as amended-- 7
renumber as schedule 2. 8
65 Insertion of new sch 1
Clause 9
Before schedule 2, as renumbered-- 10
insert-- 11
27 Criminal Code, section 659 (Effect of summary conviction for indictable offences)
s 65 62 s 65
Primary Industries and Other Legislation Amendment
Bill 2003
`SCHEDULE 1 1
`ADDITIONAL PROVISIONS ABOUT BOARD OF SAFE 2
FOOD 3
section 16F 4
`PART 1--DIRECTORS 5
`1 Qualifications for appointment 6
`(1) A person is not qualified to be, or to continue as, a director if the 7
person-- 8
(a) is an insolvent under administration within the meaning of the 9
Corporations Act, section 9; or 10
(b) is, or has been, convicted of an indictable offence. 11
`(2) A person is not qualified to be, or to continue as, a director 12
appointed under section 16C(1)(c) (an "appointed director") if the person 13
is-- 14
(a) the holder of an accreditation; or 15
(b) a member or employee of an organisation the functions of which 16
include representing accreditation holders. 17
`2 Duration of appointment 18
`The appointment of an appointed director is for the term, not longer 19
than 3 years, stated in the director's instrument of appointment. 20
`3 Terms of appointment 21
`(1) An appointed director is appointed on a part-time basis. 22
`(2) Appointed directors are entitled to be paid the remuneration and 23
allowances decided by the Governor in Council. 24
s 65 63 s 65
Primary Industries and Other Legislation Amendment
Bill 2003
`(3) In relation to matters not provided under this Act, an appointed 1
director holds office on the terms decided by the Governor in Council. 2
`4 Termination of appointment 3
`The Governor in Council may, at any time, terminate the appointment 4
of all appointed directors, or an appointed director, for any reason or none. 5
`PART 2--BUSINESS AND MEETINGS OF BOARD 6
`5 Conduct of business 7
`Subject to this part, the board may conduct its business, including its 8
meetings, in the way it considers appropriate. 9
`6 Committees 10
`The board may, from time to time, establish a committee to advise on 11
matters referred to the committee by the board. 12
13
Examples--
14
a risk management committee or an audit committee
`7 Times and places of meetings 15
`(1) Board meetings are to be held at the times and places the 16
chairperson decides. 17
`(2) However, the chairperson must call a meeting if asked, in writing, to 18
do so by at least the number of directors forming a quorum for the board. 19
`8 Quorum 20
`A quorum for the board is the number equal to one-half of the number 21
of directors or, if one-half is not a whole number, the next highest whole 22
number. 23
s 65 64 s 65
Primary Industries and Other Legislation Amendment
Bill 2003
`9 Presiding at meetings 1
`(1) The chairperson must preside at all meetings of the board at which 2
the chairperson is present. 3
`(2) If the chairperson is absent from a board meeting the director chosen 4
by the members present must preside. 5
`10 Departmental officer may attend board meetings 6
`(1) A director mentioned in section 16C(1)(a) or (b) may nominate a 7
senior officer of the director's department to attend board meetings instead 8
of the director if the director is unable to attend. 9
`(2) The board must give the officer notice of each board meeting-- 10
(a) for an ordinary meeting--5 business days before the meeting; or 11
(b) for another meeting--a reasonable time before the meeting. 12
`(3) The officer may take part in board meetings and may exercise the 13
vote of the director. 14
`(4) For sections 11 and 13 of this schedule, an officer who attends a 15
board meeting instead of a director mentioned in section 16(1)(a) or (b) is 16
taken to be a director. 17
`(5) In this section-- 18
"senior officer" means a senior executive appointed under the Public 19
Service Act 1996, section 60. 20
`11 Conduct of meetings 21
`(1) A question at a board meeting is decided by a majority of the votes 22
of the directors present. 23
`(2) Each director present at the meeting has a vote on each question to 24
be decided and, if the votes are equal, the director presiding also has a 25
casting vote. 26
`(3) A director present at the meeting who abstains from voting is taken 27
to have voted for the negative. 28
`(4) The board may hold meetings, or allow directors to take part in its 29
meetings, by using any technology that reasonably allows directors to hear 30
and take part in discussions as they happen. 31
s 65 65 s 65
Primary Industries and Other Legislation Amendment
Bill 2003
1
Example of use of technology--
2
teleconferencing
`(5) A director who takes part in a board meeting under subsection (4) is 3
taken to be present at the meeting. 4
`(6) A resolution is validly made by the board, even if it is not passed at 5
a board meeting, if-- 6
(a) a majority of the directors gives written agreement to the 7
resolution; and 8
(b) notice of the resolution is given under procedures approved by 9
the board. 10
`12 Minutes 11
`The board must keep-- 12
(a) minutes of its meetings; and 13
(b) a record of any resolutions made under section 11(6). 14
`13 Disclosure of interests by directors 15
`(1) This section applies to a director if-- 16
(a) the director has a direct or indirect interest in an issue being 17
considered, or about to be considered, by the board; and 18
(b) the interest could conflict with the proper performance of the 19
director's duties about the consideration of the issue. 20
`(2) As soon as practicable after the relevant facts come to the director's 21
knowledge, the director must disclose the nature of the interest to a board 22
meeting. 23
`(3) Unless the board otherwise directs, the director must not-- 24
(a) be present when the board considers the issue; or 25
(b) take part in a decision of the board about the issue. 26
`(4) The director must not be present when the board is considering 27
whether to give a direction under subsection (3). 28
`(5) If there is another director who must, under subsection (2), also 29
disclose an interest in the issue, the other director must not-- 30
s 66 66 s 68
Primary Industries and Other Legislation Amendment
Bill 2003
(a) be present when the board is considering whether to give a 1
direction under subsection (3) about the director; or 2
(b) take part in making the decision about giving the direction. 3
`(6) If-- 4
(a) because of this section, a director is not present at a board 5
meeting for considering or deciding an issue, or for considering 6
or deciding whether to give a direction under subsection (3); and 7
(b) there would be a quorum if the director were present; 8
the remaining directors present are a quorum of the board for considering 9
or deciding the issue, or for considering or deciding whether to give the 10
direction, at the meeting. 11
`(7) A disclosure under subsection (2) must be recorded in the board's 12
minutes.'. 13
PART 7--AMENDMENT OF GRAIN INDUSTRY 14
(RESTRUCTURING) ACT 1991 15
66 Act amended in pt 7
Clause 16
This part amends the Grain Industry (Restructuring) Act 1991. 17
67 Amendment of s 2 (Objects of this Act)
Clause 18
Section 2(e)-- 19
omit. 20
68 Amendment of s 3 (Definitions)
Clause 21
Section 3, definitions "compulsory marketing scheme", "crop lien", 22
"exempted grain", "exemption", "public notice", "season", "security" and 23
"vested grain"-- 24
omit. 25
s 69 67 s 73
Primary Industries and Other Legislation Amendment
Bill 2003
69 Omission of pts 3 and 4
Clause 1
Parts 3 and 4-- 2
omit. 3
70 Omission of s 56 (Returns)
Clause 4
Section 56-- 5
omit. 6
PART 8--AMENDMENT OF INTEGRATED PLANNING 7
ACT 1997 8
71 Act amended in pt 8
Clause 9
This part amends the Integrated Planning Act 1997. 10
72 Amendment of s 1.3.5 (Definitions for terms used in
Clause 11
"development") 12
(1) Section 1.3.5, definition "operational work", item 1-- 13
insert-- 14
`(i) constructing or raising waterway barrier works; or 15
(j) performing work in a declared fish habitat area; or 16
(k) removing, destroying or damaging a marine plant.'. 17
(2) Section 1.3.5, definition "operational work", item 2(a), after 18
`items (1)(a) to (f)'-- 19
insert-- 20
`or (j)'. 21
73 Insertion of new s 3.2.2A
Clause 22
After section 3.2.2-- 23
s 74 68 s 76
Primary Industries and Other Legislation Amendment
Bill 2003
insert-- 1
`3.2.2A Approved operational works for marine plants required for 2
certain developments 3
`(1) This section applies if, at the time an application is made-- 4
(a) a material change of use of premises or reconfiguration of a lot, 5
the subject of an application, may not be performed unless a 6
development permit exists for operational work that is the 7
removal, destruction or damage of a marine plant on or near the 8
premises or lot; and 9
(b) there is no development permit for the operational work; and 10
(c) approval for the operational work has not been applied for in the 11
application or a separate application. 12
`(2) The application is taken also to be for the operational work.'. 13
74 Amendment of s 3.4.2 (When the notification stage applies)
Clause 14
Section 3.4.2-- 15
insert-- 16
`(4) However, this part does not apply for an application to which 17
chapter 5, part 8A applies.28'. 18
75 Amendment of s 4.1.28 (Appeals by submitters)
Clause 19
Section 4.1.28, heading, after `submitters'-- 20
insert-- 21
`--general'. 22
76 Insertion of new s 4.1.28A
Clause 23
After section 4.1.28-- 24
insert-- 25
28 See chapter 5 (Miscellaneous), part 8A (Notification stage for particular aquaculture
development) for the notification stage that applies for development applications to
which that part applies.
s 77 69 s 77
Primary Industries and Other Legislation Amendment
Bill 2003
`4.1.28A Additional and extended appeal rights for submitters for 1
particular development applications 2
`(1) This section applies to a development application to which 3
chapter 5, part 8A29 applies. 4
`(2) A submitter of a properly made submission for the application may 5
appeal to the court about a referral agency response made by a prescribed 6
concurrence agency for the application. 7
`(3) However, the submitter may only appeal against a referral agency 8
response to the extent it relates to-- 9
(a) if the prescribed concurrence agency is the chief executive 10
(environment)--development for an environmentally relevant 11
activity mentioned in the Environmental Protection Regulation 12
1998, schedule 1, item 1;30 or 13
(b) if the prescribed concurrence agency is the chief executive 14
(fisheries)--development that is-- 15
(i) a material change of use of premises for aquaculture; or 16
(ii) operational work that is the removal, damage or destruction 17
of a marine plant. 18
`(4) Despite section 4.1.28(1), the submitter may appeal against the 19
following matters for the application even if the matters relate to code 20
assessment-- 21
(a) a decision about a matter mentioned in section 4.1.28(2) if it is a 22
decision of the chief executive (fisheries); 23
(b) a referral agency response mentioned in subsection (2).'. 24
77 Amendment of s 4.3.7 (Giving a false or misleading notice)
Clause 25
Section 4.3.7(1),`or 3.4.7 '--
95
26
29 Chapter 5 (Miscellaneous), part 8A (Notification stage for particular aquaculture
development)
30 The Environmental Protection Regulation 1998, schedule 1, item 1 (aquaculture)
s 78 70 s 79
Primary Industries and Other Legislation Amendment
Bill 2003
omit, insert-- 1
`, 3.4.7 or 5.8A.7 '.
31
2
78 Insertion of new s 5.7.7A
Clause 3
After section 5.7.7-- 4
insert-- 5
`5.7.7A Documents particular entities required to keep available for 6
inspection and purchase 7
`(1) This section applies if an assessment manager or referral agency has 8
imposed a condition on a development approval that requires a document 9
(the "assessable document") to be assessed for compliance with a 10
condition.32 11
`(2) The assessment manager or referral agency must keep available for 12
inspection and purchase the original or certified copy of each of the 13
following-- 14
(a) the assessable document; 15
(b) any document that includes-- 16
(i) an assessment of the assessable document; or 17
(ii) a decision about the assessable document; or 18
(iii) a direction given in relation to the assessable document.'. 19
79 Insertion of new ch 5, pt 8A
Clause 20
Chapter 5-- 21
insert-- 22
31 Section 3.3.4 (Applicant advises assessment manager), 3.4.7 (Notice of compliance
to be given to assessment manager) or 5.8A.7 (Notice of compliance to be given to
assessment manager and concurrence agency)
32 See section 3.5.31A (Conditions requiring compliance).
s 79 71 s 79
Primary Industries and Other Legislation Amendment
Bill 2003
`PART 8A--NOTIFICATION STAGE FOR PARTICULAR 1
AQUACULTURE DEVELOPMENT 2
`Division 1--Preliminary 3
`5.8A.1 Purpose of notification stage under this part 4
`The notification stage under this part gives a person-- 5
(a) the opportunity to make submissions, including objections, that 6
must be taken into account-- 7
(i) by the assessment manager before deciding a development 8
application for which this part applies; or 9
(ii) by a concurrence agency before giving a referral agency 10
response, to the extent the response relates to development 11
mentioned in section 5.8A.2(1); and 12
(b) the opportunity to secure the right to appeal to the court about-- 13
(i) the assessment manager's decision; or 14
(ii) a referral agency response by the concurrence agency.33 15
`5.8A.2 When notification stage under this part applies 16
`(1) This part applies for a development application-- 17
(a) for which-- 18
(i) the chief executive (fisheries) is the assessment manager or 19
a concurrence agency; and 20
(ii) the chief executive (environment) is a concurrence agency; 21
and 22
(b) for development that-- 23
(i) is a material change of use of premises-- 24
(A) for a hatchery, with a surface area of more than 25
1 hectare, for the production of larvae; or 26
33 See, in particular, section 4.1.28A (Additional and extended appeal rights for
submitters for particular development applications).
s 79 72 s 79
Primary Industries and Other Legislation Amendment
Bill 2003
(B) for aquaculture carried out in ponds with a surface area 1
of more than 5 hectares; and 2
(ii) is carried out completely or partly on land within the area 3
with the following boundaries-- 4
· the line every point of which is 5 km inland from the 5
line of the highest astronomical tide; 6
· the parallel of latitude 24º30'00" south; 7
· the western boundary of the Great Barrier Reef Marine 8
Park; 9
· the parallel of latitude 10º41'20" south; and 10
(iii) will cause the discharge of waste into waters. 11
`(2) However, this part does not apply if-- 12
(a) part 834 applies to the development; or 13
(b) there is a preliminary approval for the development and the 14
preliminary approval was subject to this part. 15
`(3) In this section-- 16
"Great Barrier Reef Marine Park" means the Great Barrier Reef Marine 17
Park established under the Great Barrier Reef Marine Park Act 1975 18
(Cwlth). 19
"highest astronomical tide" means the highest level of the tides that can 20
be predicted to occur under average meteorological conditions and 21
under any combination of astronomical conditions. 22
`5.8A.3 When can notification stage start 23
`(1) If no information requests have been made during the last 24
information request period, the applicant may start the notification period 25
as soon as the last information request period ends. 26
`(2) If an information request has been made during the information 27
request period, the applicant may start the notification period as soon as the 28
applicant gives-- 29
34 Part 8 (Environmental Impact Statements)
s 79 73 s 79
Primary Industries and Other Legislation Amendment
Bill 2003
(a) all information request responses to all information requests 1
made; and 2
(b) copies of the responses to the assessment manager and each 3
prescribed concurrence agency for the application. 4
`Division 2--Public notification 5
`5.8A.4 Public notice of proposed development 6
`(1) The applicant or, if the applicant has agreed in writing, the 7
assessment manager for the development application must-- 8
(a) publish a notice at least once in a newspaper circulating generally 9
in the locality of the land; and 10
(b) place a notice on the land in the way prescribed under a 11
regulation; and 12
(c) give a notice to the owners of all land adjoining the land. 13
`(2) The notices must be in the approved form. 14
`(3) If the assessment manager carried out notification on behalf of the 15
applicant, the assessment manager may require the applicant to pay a fee of 16
not more than the assessment manager's reasonable costs for carrying out 17
the notification. 18
`(4) For subsection (1)(c), roads, land below high-water mark and the 19
beds and banks of rivers are to be taken not to be adjoining land. 20
`(5) In this section-- 21
"owner", for land adjoining the land, see section 3.4.4(5). 22
`5.8A.5 Notification period for development applications 23
`The "notification period" for the application must-- 24
(a) be no less than 30 business days starting on the day after the last 25
action under section 5.8A.4 is carried out; and 26
(b) not include any business days between 20 December and 27
5 January (in the following year). 28
s 79 74 s 79
Primary Industries and Other Legislation Amendment
Bill 2003
`5.8A.6 Requirements for certain notices 1
`(1) The notice placed on the land must remain on the land for all of the 2
notification period. 3
`(2) Each notice given to the owner of adjoining land must be given at 4
about the same time as the notice is published in the newspaper and placed 5
on the land. 6
`(3) All actions mentioned in subsection (2) must be completed within 7
5 business days after the first of the actions is carried out. 8
`(4) A regulation may prescribe different notification requirements for an 9
application for development on land located-- 10
(a) outside any local government area; or 11
(b) within a local government area but in a location where 12
compliance with section 5.8A.4(1) would be unduly onerous or 13
would not give effective public notice. 14
`5.8A.7 Notice of compliance to be given to assessment manager and 15
concurrence agency 16
`(1) If the applicant carries out notification, the applicant must, after the 17
notification period has ended-- 18
(a) give the assessment manager and each prescribed concurrence 19
agency for the application, written notice that the applicant has 20
complied with the requirements of this division; and 21
(b) give the assessment manager written notice that the applicant has 22
given the prescribed concurrence agency the notice mentioned in 23
paragraph (a).35 24
`(2) If the assessment manager carries out notification, the assessment 25
manager, must, after the notification period has ended, give each prescribed 26
concurrence agency for the application, written notice that the assessment 27
manager has complied with the requirements of this division. 28
35 It is an offence to give the assessment manager a notice under this section that is
false or misleading (see section 4.3.7).
s 79 75 s 79
Primary Industries and Other Legislation Amendment
Bill 2003
`5.8A.8 Circumstances when applications may be assessed and decided 1
without certain requirements 2
`Despite section 5.8A.7, the assessment manager may assess and decide 3
the application even if some of the requirements of this division have not 4
been complied with, if-- 5
(a) the assessment manager is satisfied that any noncompliance has 6
not-- 7
(i) adversely affected the awareness of the public of the 8
existence and nature of the application; or 9
(ii) restricted the opportunity of the public to make properly 10
made submissions; and 11
(b) each prescribed concurrence agency for the application has given 12
written consent to the assessment and decision being made in this 13
way. 14
`5.8A.9 Making submissions 15
`(1) During the notification period, any person other than a concurrence 16
agency may make a submission to the assessment manager about the 17
application. 18
`(2) The assessment manager must accept a submission if the submission 19
is a properly made submission. 20
`(3) A person who has made a properly made submission may, by 21
written notice-- 22
(a) during the notification period, amend the submission; or 23
(b) at any time before a decision about the application is made, 24
withdraw the submission. 25
`(4) The assessment manager must within 5 business days after the end 26
of the notification period-- 27
(a) give a copy of any properly made submission to each prescribed 28
concurrence agency; and 29
(b) if the person who made the submission amends or withdraws the 30
submission under subsection (3)--notify the prescribed 31
concurrence agency that the submission has been amended or 32
withdrawn. 33
s 79 76 s 79
Primary Industries and Other Legislation Amendment
Bill 2003
`5.8A.10 Submissions made during notification period effective for 1
later notification period 2
`(1) This section applies if-- 3
(a) a person makes a properly made submission under 4
section 5.8A.9(1); and 5
(b) the notification stage for the application is repeated for any 6
reason. 7
`(2) The submission is taken to be a properly made submission for the 8
later notification period and the submitter may, by written notice-- 9
(a) during the later notification period, amend the submission; or 10
(b) at any time before a decision about the application is made, 11
withdraw the submission. 12
`Division 3--End of notification stage 13
`5.8A.11 When does notification stage end 14
`The notification stage ends-- 15
(a) if notification is carried out by the applicant--when the 16
assessment manager receives written notice under 17
section 5.8A.7(1); or 18
(b) if notification is carried out by the assessment manager on behalf 19
of the applicant--when each prescribed concurrence agency 20
receives written notice under section 5.8A.7(2). 21
`Division 4--Changed referral agency provisions for applications to 22
which this part applies 23
`5.8A.12 Referral agency must not respond before notification stage 24
ends 25
`(1) This section applies if the chief executive (environment) or chief 26
executive (fisheries) is the concurrence agency for the development 27
application. 28
s 80 77 s 80
Primary Industries and Other Legislation Amendment
Bill 2003
`(2) Despite section 3.3.2,36 the concurrence agency must not give a 1
referral agency response for a matter relating to the development to which 2
the application relates before the notification stage for the application ends. 3
`5.8A.13 Adjusted referral agency assessment period 4
`(1) This section applies if the chief executive (environment) or chief 5
executive (fisheries) is the concurrence agency for the development 6
application. 7
`(2) Despite section 3.3.14(1),37 the referral agency's assessment period 8
for the concurrence agency is a period of 30 days starting on the day after 9
the concurrence agency has received both of the following-- 10
(a) a notice of compliance under section 5.8A.7; 11
(b) a copy of all the properly made submissions.'. 12
80 Amendment of sch 8
Clause 13
(1) Schedule 8, part 1, table 1-- 14
insert-- 15
`For declared fish habitat area
2 For assessing building work against the Fisheries Act 1994, building work
in a declared fish habitat area if it is not self-assessable development.'.
(2) Schedule 8, part 1, table 2-- 16
insert-- 17
`For aquaculture
5 For assessing a material change of use against the Fisheries Act 1994,
making a material change of use of premises for aquaculture if it is not
self-assessable development.'.
(3) Schedule 8, part 1, table 4-- 18
36 Section 3.3.2 (Referral agency responses before application is made)
37 Section 3.3.14 (Referral agency assessment period)
s 80 78 s 80
Primary Industries and Other Legislation Amendment
Bill 2003
insert-- 1
`For constructing or raising waterway barrier works
6 For assessing operational work against the Fisheries Act 1994, operational
work that is the constructing or raising of a waterway barrier works if it is
not self-assessable development.
For works in a declared fish habitat area
7 For assessing operational work against the Fisheries Act 1994, operational
work completely or partly within a declared fish habitat area if it is not
self-assessable development.
For removal, destruction or damage of marine plants
8 For assessing operational work against the Fisheries Act 1994, operational
work that is the removal, destruction or damage of a marine plant if it is not
self-assessable development.'.
(4) Schedule 8, part 2, table 1-- 2
insert-- 3
`For declared fish habitat area
3 For assessing building work against the Fisheries Act 1994, building work
in a declared fish habitat area if the work is reasonably necessary for--
(a) the maintenance of existing structures, including, for example,
the following structures, if the structures were constructed in
compliance with all the requirements, under any Act, relating to
a structure of that type--
(i) boat ramps, boardwalks, drains, fences, jetties, roads,
safety signs, swimming enclosures and weirs;
(ii) existing powerlines or associated powerline
infrastructure; or
(b) educational or research purposes relating to the fish habitat
area; or
(c) monitoring the impact of development on the declared fish
habitat area.'.
(5) Schedule 8, part 2, table 2, item 1-- 4
s 80 79 s 80
Primary Industries and Other Legislation Amendment
Bill 2003
omit, insert-- 1
`For aquaculture
1 For assessing a material change of use against the Fisheries Act 1994,
making a material change of use of premises for aquaculture if the change
of use of premises does not cause the discharge of waste into Queensland
waters and the aquaculture--
(a) is of indigenous freshwater fish and is carried out in ponds, or
using above-ground tanks, that--
(i) have a total water surface area of no more than 5 ha; and
(ii) are in an area prescribed under the Fisheries Act 1994 as
an area from which the fish may be taken; or
(b) is of indigenous freshwater fish for aquarium display or
human consumption only, or nonindigenous freshwater fish
for aquarium display only, and is carried out using only
above-ground tanks that--
(i) have a floor area, excluding water storage area, of no
more than 50 m2; and
(ii) are part of a facility with a roof impervious to rain
water; or
(c) is of indigenous marine fish for aquarium display only and is
carried out using only above-ground tanks that have a total
floor area, excluding water storage areas, of no more than
50 m2.'.
(6) Schedule 8, part 2, table 4-- 2
insert-- 3
`For waterway barrier works
2 For assessing operational work against the Fisheries Act 1994, operational
work for constructing or raising a waterway barrier works if--
(a) the waterway barrier works--
(i) are intended to exist for no more than 28 days; and
(ii) are built or raised in freshwater; and
(iii) are no more than 20 m in length and no more than 3 m in
height from the lowest point on the stream bed; or
(b) the waterway barrier works are situated--
(i) more than 100 km from the coastline; and
(ii) in the smallest unbranched tributary of a catchment or a
stream into which that tributary flows.
s 81 80 s 81
Primary Industries and Other Legislation Amendment
Bill 2003
For works in a declared fish habitat area
3 For assessing operational work against the Fisheries Act 1994, operational
work completely or partly within a declared fish habitat area if the works
are reasonably necessary for--
(a) the maintenance of existing structures, including, for example,
the following structures, if the structures were constructed in
compliance with all the requirements, under any Act, relating to
a structure of that type--
(i) boat ramps, boardwalks, drains, fences, jetties, roads,
safety signs, swimming enclosures and weirs;
(ii) existing powerlines or associated powerline
infrastructure; or
(b) educational or research purposes relating to the fish habitat
area; or
(c) monitoring the impact of development on the declared fish
habitat area.
For the removal, destruction or damage of marine plants
4 For assessing operational work against the Fisheries Act 1994, operational
work that is the removal, destruction or damage of marine plants if the
removal, destruction or damage--
(a) is of dead marine wood on unallocated State land, for trade or
commerce; or
(b) is reasonably necessary for the maintenance of existing
structures, including, for example, the following structures, if
the structures were constructed in compliance with all the
requirements, under any Act, relating to a structure of that
type--
(i) boat ramps, boardwalks, drains, fences, jetties, roads,
safety signs, swimming enclosures and weirs;
(ii) existing drainage structures;
(iii) existing powerlines or associated powerline
infrastructure; or
(c) is reasonably necessary for educational or research purposes or
for monitoring the impact of development on marine plants.'.
81 Amendment of sch 8A (Assessment manager for development
Clause 1
applications) 2
(1) Schedule 8A, table 3-- 3
s 81 81 s 81
Primary Industries and Other Legislation Amendment
Bill 2003
insert-- 1
`Aquaculture
8 If table 1 or 2 does not apply and the application Chief executive
is for-- administering the
Fisheries Act 1994
(a) material change of use for
aquaculture under the Fisheries Act
1994; and
(b) no other assessable development.
Fisheries development other than aquaculture
9 If table 1 or 2 does not apply and the application Chief executive
is for-- administering the
Fisheries Act 1994'.
(a) building work in a declared fish
habitat area or operational work that
is 1 or more of the following--
(i) the constructing or raising a
waterway barrier works;
(ii) work carried out completely or
partly within a declared fish
habitat area;
(iii) the removal, destruction or
damage of a marine plant; and
(b) no other assessable development.
(2) Schedule 8A, table 4-- 2
insert-- 3
`4 If table 1, 2 or 3 does not apply and the application The chief executive
is for-- administering the
(a) building work in a declared fish habitat Fisheries Act 1994
area or operational work carried out
completely or partly within a declared
fish habitat area; and
(b) operational work that is tidal work or
work carried out completely or partly
within a coastal management district;
and
(c) no other assessable development.
s 81 82 s 81
Primary Industries and Other Legislation Amendment
Bill 2003
5 If table 1, 2 or 3 does not apply and the application The chief executive
is for-- administering the
(a) operational work that is the Water Act 2000
construction or raising of a waterway
barrier works and any or none of the
following--
(i) building work in a declared fish
habitat area;
(ii) operational work carried out
completely or partly within a
declared fish habitat area;
(iii) operational work that is the
removal, destruction or damage
of a marine plant; and
(b) operational work--
(i) for the taking or interfering with,
water under the Water Act 2000;
or
(ii) that is the construction of a
referrable dam under the Water
Act 2000 or that will increase the
storage capacity of a referable
dam by more than 10%; and
(c) no other assessable development.
s 82 83 s 82
Primary Industries and Other Legislation Amendment
Bill 2003
6 If table 1, 2 or 3 does not apply and the application The chief executive
is for-- administering the
(a) a material change of use for Fisheries Act 1994
aquaculture; and
(b) either of the following--
(i) development for an
environmentally relevant activity
mentioned in the Environmental
Protection Regulation 1998,
schedule 1, item 1 (aquaculture);
(ii) operational work that is tidal
work or work carried out
completely or partly within a
coastal management district; and
(b) no other assessable development.
7 If table 1, 2 or 3 does not apply and the application The chief executive
is for-- administering the
Coastal Protection
(a) operational work for 1 or more of the and Management
following-- Act 1995'.
(i) constructing or raising a
waterway barrier works;
(ii) the removal, destruction or
damage of a marine plant; and
(b) operational work that is tidal work or
work carried out completely or partly
within a coastal management district;
and
(c) no other assessable development.
82 Amendment of sch 9 (Development that is exempt from
Clause 1
assessment against a planning scheme) 2
Schedule 9, table 4-- 3
insert-- 4
`For the removal, destruction or damage of marine plants
11 Operational work that is the removal, destruction or damage of marine
plants.'.
s 83 84 s 83
Primary Industries and Other Legislation Amendment
Bill 2003
83 Amendment of sch 10 (Dictionary)
Clause 1
Schedule 10-- 2
insert-- 3
` "aquaculture" see the Fisheries Act 1994, schedule. 4
"associated powerline infrastructure", in relation to powerlines, includes 5
the following-- 6
(a) access tracks used to access maintenance works on the 7
powerlines or for routine inspections; 8
(b) electricity supply infrastructure, including, for example, power 9
boxes, power posts and stays; 10
(c) warning signs or limited sign viewing arcs relating to the 11
powerlines. 12
"chief executive (environment)" means the chief executive of the 13
department in which the Environmental Protection Act 1994 is 14
administered. 15
"chief executive (fisheries)" means the chief executive of the department 16
in which the Fisheries Act 1994 is administered. 17
"dead marine wood" means a branch or trunk that-- 18
(a) is a part of a dead marine plant; or 19
(b) was a part of a marine plant. 20
"declared fish habitat area" see the Fisheries Act 1994, schedule. 21
"indigenous freshwater fish" means a fish that is-- 22
(a) a freshwater fish as defined in the Fisheries (Freshwater) 23
Management Plan 1999, schedule 8, part 2; and 24
(b) indigenous, within the meaning of the Fisheries Act 1994, 25
schedule, definition "indigenous fisheries resources", to-- 26
(i) only Queensland freshwaters; or 27
(ii) both Queensland freshwaters and Queensland tidal waters. 28
"indigenous marine fish" means a fish that is indigenous, within the 29
meaning of the Fisheries Act 1994, schedule, definition "indigenous 30
fisheries resources", to only Queensland tidal waters. 31
"marine plant" see the Fisheries Act 1994, section 8. 32
s 84 85 s 85
Primary Industries and Other Legislation Amendment
Bill 2003
"nonindigenous freshwater fish" means a freshwater fish, as defined in 1
the Fisheries (Freshwater) Management Plan 1999, schedule 8, part 2, 2
that is not an indigenous freshwater fish. 3
"notification period"-- 4
(a) for a development application to which chapter 5, part 8A 5
applies--see section 5.8A.5; or 6
(b) for another development application--see section 3.4.5. 7
"prescribed concurrence agency", in relation to a development 8
application to which chapter 5, part 8A applies, means either or both 9
of the following persons if the person is a concurrence agency for the 10
application-- 11
(a) the chief executive (environment); 12
(b) the chief executive (fisheries). 13
"waterway barrier works" see the Fisheries Act 1994, schedule.'. 14
PART 9--AMENDMENT OF PLANT PROTECTION 15
ACT 1989 16
84 Act amended in pt 9
Clause 17
This part amends the Plant Protection Act 1989. 18
85 Replacement of pt 6 hdg
Clause 19
Part 6, heading-- 20
omit, insert-- 21
s 85 86 s 85
Primary Industries and Other Legislation Amendment
Bill 2003
`PART 6--PROVISIONS ABOUT ADMINISTRATIVE 1
DECISIONS 2
`Division 1--General provision 3
`21LA Failure to decide particular decisions taken to be refusal 4
`(1) This section applies to the following-- 5
(a) an application for accreditation made under section 21A; 6
(b) an application, whether oral or written, to an inspector for an 7
inspector's certificate or approval. 8
`(2) If the chief executive or inspector fails to decide the application 9
within 28 days after the application is made, the failure is taken to be a 10
decision by the chief executive or inspector to refuse the application at the 11
end of the 28 days. 12
`(3) However, the chief executive or inspector may extend the period 13
within which the decision may be made by giving, within 28 days of the 14
application, written notice to the applicant stating the following-- 15
(a) the chief executive or inspector has extended the period within 16
which the decision may be made; 17
(b) the extended period. 18
`(4) The extended period must be no longer than-- 19
(a) 28 days after the notice is given; or 20
(b) if the applicant agrees to a longer period--the agreed period. 21
`(5) If the chief executive or inspector gives a notice under subsection (3) 22
and fails to decide the application within the extended period stated in the 23
notice, the failure is taken to be a decision by the chief executive or 24
inspector to refuse the application at the end of the extended period. 25
`Division 2--Reconsideration of decisions'. 26
s 86 87 s 87
Primary Industries and Other Legislation Amendment
Bill 2003
86 Amendment of s 21M (Application for reconsideration of
Clause 1
administrative decisions) 2
(1) Section 21M(1), from `making' to `a decision'-- 3
omit, insert-- 4
`making of a decision'. 5
(2) Section 21M(2)-- 6
omit, insert-- 7
`(2) The application must-- 8
(a) be made within 28 days after the relevant day; and 9
(b) be made in writing; and 10
(c) state the grounds on which the applicant seeks the 11
reconsideration.'. 12
(3) Section 21M(4), from `making' to `a decision'-- 13
omit, insert-- 14
`making of a decision'. 15
(4) Section 21M 16
insert-- 17
`(5) In this section-- 18
"relevant day" means-- 19
(a) if the person is given notice of the decision--the day the person 20
is given notice; or 21
(b) otherwise--the day that is the later of the following-- 22
(i) 28 days after the application for the decision was made; 23
(ii) the end of any extended period under section 21LA(3) for 24
deciding the application.'. 25
87 Insertion of new pt 6, div 3 hdg
Clause 26
After section 21N-- 27
insert-- 28
`Division 3--Appeal to court'. 29
s 88 88 s 88
Primary Industries and Other Legislation Amendment
Bill 2003
PART 10--MINOR AMENDMENTS 1
88 Acts amended in schedule
Clause 2
The schedule amends the Acts it mentions. 3
89
Primary Industries and Other Legislation Amendment
Bill 2003
SCHEDULE 1
MINOR AMENDMENTS OF ACTS 2
section 88 3
CHICKEN MEAT INDUSTRY COMMITTEE ACT 1976 4
1 Section 26, heading-- 5
omit, insert-- 6
`26 Regulation-making power'. 7
PLANT PROTECTION ACT 1989 8
1 Schedule, definition "crop plant district", `of'-- 9
omit. 10
POLICE POWERS AND RESPONSIBILITIES ACT 2000 11
1 Section 65B(4), `subsection (2)'-- 12
omit, insert-- 13
`subsection (1)'. 14
90
Primary Industries and Other Legislation Amendment
Bill 2003
SCHEDULE (continued)
STOCK ACT 1915 1
1 Section 4C, from `subsection (1)' to `even'-- 2
omit, insert-- 3
`schedule 2,38 even'. 4
2 Sections 22(5), 22B(5) and 22C(3), from `subject to'-- 5
omit, insert-- 6
`subject to sections 22F and 22G.39'. 7
3 Section 48, heading-- 8
omit, insert-- 9
`48 Regulation-making power'. 10
4 Schedule 2, definition "inspector", from `includes'-- 11
omit, insert-- 12
`includes the chief inspector.'. 13
© State of Queensland 2003
38 Schedule 2 (Dictionary)
39 Sections 22F (Waybill sometimes not required) and 22G (Multiple conveyances
permitted under single waybill)
AMENDMENTS TO BILL
1
Primary Industries and Other Legislation Amendment
Bill 2003
PRIMARY INDUSTRIES AND OTHER
LEGISLATION AMENDMENT BILL 2003
AMENDMENTS AGREED TO IN COMMITTEE
1 Clause 41--
At page 40, line 19--
omit, insert--
`insert--'.
2 Clause 79--
At page 71, lines 25 and 26--
omit, insert--
`(A) for a hatchery for the production of larvae; or'.
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