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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Plant Protection Amendment
Bill 2005
Queensland
Plant Protection Amendment Bill 2005
Contents
Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Amendment of s 11B (Review of particular decisions and
actions) ..................................... 4
4 Renumbering of s 21LA (Failure to decide particular decisions
taken to be refusal). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5 Insertion of new pt 5A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Part 5A Government and industry cost sharing
agreements
21LA Entering into agreement . . . . . . . . . . . . . . . . . . . . . . . 4
21LB Content of agreement. . . . . . . . . . . . . . . . . . . . . . . . . 5
6 Amendment of s 21M (Application for reconsideration of
administrative decisions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
7 Amendment of s 28 (Limitation of action). . . . . . . . . . . . . . . . . . . 6
8 Amendment of s 31 (Delegation by chief executive) . . . . . . . . . . 7
9 Omission of s 40 (Transitional arrangements for identity card
requirements) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
10 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 7
2005
A Bill
for
An Act to amend the Plant Protection Act 1989, and for other
purposes
s1 4 s5
Plant Protection Amendment Bill 2005
The Parliament of Queensland enacts-- 1
Clause 1 Short title 2
This Act may be cited as the Plant Protection Amendment Act 3
2005. 4
Clause 2 Act amended 5
This Act amends the Plant Protection Act 1989. 6
Clause 3 Amendment of s 11B (Review of particular decisions and 7
actions) 8
Section 11B(5), definition direct instruction, `direction'-- 9
omit, insert-- 10
`instruction'. 11
Clause 4 Renumbering of s 21LA (Failure to decide particular 12
decisions taken to be refusal) 13
Section 21LA-- 14
renumber as section 21LC. 15
Clause 5 Insertion of new pt 5A 16
After part 5-- 17
insert-- 18
`Part 5A Government and industry cost 19
sharing agreements 20
`21LA Entering into agreement 21
`(1) The Minister or the chief executive may, for the State, enter 22
into an agreement (a government and industry cost sharing 23
agreement) that is-- 24
s5 5 s5
Plant Protection Amendment Bill 2005
(a) between the State, 1 or more other jurisdictions and 1 or 1
more plant industry bodies; and 2
(b) directed at ensuring a coordinated process for any of the 3
following-- 4
(i) managing risks posed by pests; 5
(ii) responding to an outbreak of pest infestation; 6
(iii) sharing, between the parties, the costs related to a 7
matter mentioned in subparagraph (i) or (ii). 8
`(2) In this section-- 9
other jurisdiction means the Commonwealth or another State. 10
plant industry body means a body considered by the 11
participants in a plant industry to be the national 12
representative of the industry. 13
`21LB Content of agreement 14
`(1) A government and industry cost sharing agreement may 15
provide for the following-- 16
(a) measures the parties to the agreement must undertake 17
for-- 18
(i) preparing for an outbreak of pest infestation; and 19
(ii) preventing, controlling or responding to an 20
outbreak of pest infestation; 21
(b) the whole or partial reimbursement of costs incurred, or 22
losses suffered, by a person in complying with an 23
implemented response to an outbreak of pest infestation; 24
25
Examples of costs that may be incurred by a person in complying
26
with an implemented response--
27
· costs of eradicating or controlling a pest
28
· costs of undertaking a pest control measure to prevent the
29
introduction, reintroduction or spread of a pest
30
Examples of losses that may be suffered by a person in complying
31
with an implemented response--
32
· the value of plants owned by the person that are destroyed to
33
eradicate or control a pest or to prevent the introduction,
34
reintroduction or spread of a pest
s6 6 s7
Plant Protection Amendment Bill 2005
1
· the value of production that is foregone because land owned
2
by the person must be left fallow to prevent the introduction,
3
reintroduction or spread of a pest
(c) sharing, between the parties to the agreement, of any of 4
the following costs incurred by a party to the 5
agreement-- 6
(i) costs of implementing a response to an outbreak of 7
pest infestation, including, for example, labour 8
costs, operating expenses and capital expenditure; 9
(ii) costs of reimbursing persons for costs incurred, or 10
losses suffered, by them in complying with the 11
implemented response; 12
(d) restrictions applying to cost sharing under the 13
agreement; 14
15
Examples of restrictions that may apply to cost sharing under the
16
agreement--
17
1 Only a stated maximum amount is eligible for cost sharing
18
under the agreement.
19
2 Only the stated types of costs are eligible for cost sharing
20
under the agreement.
(e) any thing else necessary or convenient for the matters 21
mentioned in paragraphs (a) to (d). 22
`(2) Subsection (1)(c) does not limit the types of costs that may be 23
subject to cost sharing under the agreement.'. 24
Clause 6 Amendment of s 21M (Application for reconsideration of 25
administrative decisions) 26
Section 21M(5), definition relevant day, paragraph (b)(ii), 27
`section 21LA(3)'-- 28
omit, insert-- 29
`section 21LC(3)'. 30
Clause 7 Amendment of s 28 (Limitation of action) 31
Section 28-- 32
insert-- 33
s8 7 s 10
Plant Protection Amendment Bill 2005
`(3) Subsection (2) does not affect the operation of-- 1
(a) a government and industry cost sharing agreement; or 2
(b) another Act if it provides for financial assistance, in 3
whatever form, or ex gratia payments. 4
5
Example for paragraph (b)--
6
Subsection (2) does not affect the operation of the Rural and
7
Regional Adjustment Act 1994.
`(4) Further, the following payments do not constitute the payment 8
of compensation under section 14 or otherwise under this 9
Act-- 10
(a) the payment of an amount, however called, to a person 11
under an agreement mentioned in subsection (3)(a); 12
(b) the payment of an amount, however called, whether the 13
amount was paid before or after the commencement of 14
this subsection, to a person under an Act to which 15
subsection (3)(b) applies.'. 16
Clause 8 Amendment of s 31 (Delegation by chief executive) 17
Section 31, after `agreements'-- 18
insert-- 19
`or government and industry cost sharing agreements'. 20
Clause 9 Omission of s 40 (Transitional arrangements for identity 21
card requirements) 22
Section 40-- 23
omit. 24
Clause 10 Amendment of sch 2 (Dictionary) 25
Schedule 2-- 26
insert-- 27
`government and industry cost sharing agreement see 28
section 21LA.'. 29
8
Plant Protection Amendment Bill 2005
© State of Queensland 2005
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