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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Wild Rivers and Other
Legislation Amendment Bill
2007
Queensland
Wild Rivers and Other Legislation
Amendment Bill 2007
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Part 2 Amendment of Wild Rivers Act 2005
2 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Insertion of new pt 1A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Part 1A Codes
Division 1 Wild rivers code
6A What is the wild rivers code . . . . . . . . . . . . . . . . . . . . 4
6B Code amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
6C Code amendments not requiring gazettal or tabling. . 5
6D Publication of wild rivers code . . . . . . . . . . . . . . . . . . 6
Division 2 Codes generally
6E Code for IDAS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Amendment of s 12 (Content of declaration proposal) . . . . . . . . . 6
5 Amendment of s 13 (Matters Minister must consider) . . . . . . . . . 6
6 Amendment of s 14 (Content of wild river declaration). . . . . . . . . 7
7 Omission of s 17A (Code for IDAS) . . . . . . . . . . . . . . . . . . . . . . . 8
8 Amendment of s 20 (Public notice of intention to amend wild
river declaration). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
9 Amendment of s 21 (Moratorium period) . . . . . . . . . . . . . . . . . . . 8
10 Amendment of s 23 (Public notice about amendment proposal) . 8
11 Amendment of s 24 (Content of amendment proposal) . . . . . . . . 9
12 Amendment of s 25 (Matters Minister must consider) . . . . . . . . . 9
13 Amendment of s 26 (Content of wild river amendment
declaration) .................................... 9
14 Amendment of s 37 (Relationship with water resource plans) . . . 9
2
Wild Rivers and Other Legislation Amendment Bill
2007
15 Amendment of s 39 (Copies of documents to be available for
public inspection) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
16 Insertion of new pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Part 6 Declaration and validation of particular matters
for Wild Rivers and Other Legislation
Amendment Act 2007
52 Definition for pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
53 Validation of particular matters . . . . . . . . . . . . . . . . . . 10
54 Particular documents taken to be wild river
declarations .......................... 12
17 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 12
Part 3 Amendment of Environmental Protection Act 1994
18 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
19 Amendment of s 73AA (Development applications in relation to
wild river areas) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Part 4 Amendment of Vegetation Management Act 1999
20 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
21 Insertion of new s 19D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Part 5 Amendment of Water Act 2000
22 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
23 Amendment of s 966A (Applications in relation to operational
work in wild river areas) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
2007
A Bill
for
An Act to amend the Wild Rivers Act 2005, and for other
purposes
s1 4 s3
Wild Rivers and Other Legislation Amendment Bill
2007
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Wild Rivers and Other 4
Legislation Amendment Act 2007. 5
Part 2 Amendment of Wild Rivers Act 6
2005 7
Clause 2 Act amended in pt 2 8
This part amends the Wild Rivers Act 2005. 9
Clause 3 Insertion of new pt 1A 10
After section 6-- 11
insert-- 12
`Part 1A Codes 13
`Division 1 Wild rivers code 14
`6A What is the wild rivers code 15
`(1) The wild rivers code is the `Wild Rivers Code' made by the 16
Minister on 30 January 2007, or that code as amended from 17
time to time under this division. 18
`(2) The wild rivers code is a statutory instrument under the 19
Statutory Instruments Act 1992. 20
s3 5 s3
Wild Rivers and Other Legislation Amendment Bill
2007
`6B Code amendments 1
`(1) The Minister may amend the wild rivers code. 2
`(2) Subject to section 6C, an amendment of the wild rivers code 3
takes effect when-- 4
(a) it is approved by the Governor in Council; and 5
(b) the approval is gazetted. 6
`(3) The Minister must table a copy of the amendment in the 7
Legislative Assembly within 14 sitting days after the 8
Governor in Council's approval of the amendment is gazetted. 9
`(4) In this section-- 10
amend includes replace. 11
`6C Code amendments not requiring gazettal or tabling 12
`(1) This section applies if the Minister amends the wild rivers 13
code and the amendment is a minor amendment or permitted 14
amendment of the code. 15
`(2) The amendment takes effect when it has been approved by the 16
Governor in Council. 17
`(3) The requirements of section 6B do not otherwise apply for the 18
amendment. 19
`(4) In this section-- 20
minor amendment, of the wild rivers code, means an 21
amendment that is only to correct a minor error in the code or 22
to make another change that is not a change of substance. 23
permitted amendment, of the wild rivers code, means an 24
amendment of-- 25
(a) a provision of the code about a suggested way of 26
achieving a required outcome under the code; or 27
(b) a definition in a dictionary in the code; or 28
(c) a provision of the code to make it consistent with a 29
regional vegetation management code under the 30
Vegetation Management Act 1999. 31
s4 6 s5
Wild Rivers and Other Legislation Amendment Bill
2007
`6D Publication of wild rivers code 1
`The chief executive must keep a copy of the wild rivers code 2
available for inspection by the public-- 3
(a) at the department's head office and regional offices 4
during office hours on business days; and 5
(b) on the department's web site. 6
`Division 2 Codes generally 7
`6E Code for IDAS 8
`If a wild river declaration includes a reference to the wild 9
rivers code or another code, then, in relation to IDAS, the code 10
is a code for IDAS.'. 11
Clause 4 Amendment of s 12 (Content of declaration proposal) 12
(1) Section 12(1)(b)-- 13
omit, insert-- 14
`(b) the natural values of the proposed wild river that the 15
proposed wild river declaration is intended to preserve 16
(the relevant natural values);'. 17
(2) Section 12(1)(r) to (t)-- 18
renumber as section 12(1)(t) to (v). 19
(3) Section 12(1)-- 20
insert-- 21
`(r) any plant species that has a high risk of having an 22
adverse impact on the relevant natural values; 23
(s) any plant species that has a moderate risk of having an 24
adverse impact on the relevant natural values;'. 25
Clause 5 Amendment of s 13 (Matters Minister must consider) 26
Section 13(2), `section 14(1)(j) to (o) and (2)'-- 27
s6 7 s6
Wild Rivers and Other Legislation Amendment Bill
2007
omit, insert-- 1
`section 14(1)(k) to (p) and (3)'. 2
Clause 6 Amendment of s 14 (Content of wild river declaration) 3
(1) Section 14(1), paragraphs (b) to (o) and (p)-- 4
renumber as paragraphs (c) to (p) and (s), respectively. 5
(2) Section 14(1), after paragraph (a)-- 6
insert-- 7
`(b) the natural values of the wild river that the declaration is 8
intended to preserve (the relevant natural values);'. 9
(3) Section 14(1)(j), as renumbered, after `area'-- 10
insert-- 11
`under the declaration'. 12
(4) Section 14(1)(p), as renumbered, from `the threshold' to 13
`IDAS,'-- 14
omit, insert-- 15
`any threshold limits'. 16
(5) Section 14(1)-- 17
insert-- 18
`(q) any plant species that has a high risk of having an 19
adverse impact on the relevant natural values; 20
(r) any plant species that has a moderate risk of having an 21
adverse impact on the relevant natural values;'. 22
(6) Section 14(1)(s), as renumbered, `paragraphs (b) to (h)'-- 23
omit, insert-- 24
`paragraphs (c) to (i)'. 25
(7) Section 14(2) and (3)-- 26
renumber as section 14(3) and (4). 27
(8) Section 14-- 28
insert-- 29
s7 8 s 10
Wild Rivers and Other Legislation Amendment Bill
2007
`(2) A wild river declaration may state that all or part of a code for 1
IDAS is an applicable code for development stated in the wild 2
river declaration. 3
Note-- 4
See section 6E (Code for IDAS) and the Integrated Planning Act 1997, 5
schedule 10, definition code.'. 6
Clause 7 Omission of s 17A (Code for IDAS) 7
Section 17A-- 8
omit. 9
Clause 8 Amendment of s 20 (Public notice of intention to amend 10
wild river declaration) 11
(1) Section 20(2)(a), before `the wild river declaration'-- 12
insert-- 13
`the title of'. 14
(2) Section 20(2)(c), `of the-- 15
omit, insert-- 16
`of any'. 17
Clause 9 Amendment of s 21 (Moratorium period) 18
Section 21(1), from `For' to `following period'-- 19
omit, insert-- 20
`If a moratorium will have effect under a notice of intent, the 21
moratorium period for the notice of intent is the following 22
period'. 23
Clause 10 Amendment of s 23 (Public notice about amendment 24
proposal) 25
(1) Section 23(1)(a), after `the'-- 26
insert-- 27
`amendment of the'. 28
s 11 9 s 14
Wild Rivers and Other Legislation Amendment Bill
2007
(2) Section 23(2)(a), before `the wild river declaration'-- 1
insert-- 2
`the title of'. 3
Clause 11 Amendment of s 24 (Content of amendment proposal) 4
(1) Section 24, heading, `Content'-- 5
omit, insert-- 6
`Discretionary content'. 7
(2) Section 24(a), before `the wild river declaration'-- 8
insert-- 9
`all or part of the provisions of'. 10
Clause 12 Amendment of s 25 (Matters Minister must consider) 11
Section 25(2), `section 14(1)(j) to (o) and (2)'-- 12
omit, insert-- 13
`section 14(1)(k) to (p) and (3)'. 14
Clause 13 Amendment of s 26 (Content of wild river amendment 15
declaration) 16
Section 26(a), before `the wild river declaration'-- 17
insert-- 18
`the title of'. 19
Clause 14 Amendment of s 37 (Relationship with water resource 20
plans) 21
Section 37(1), `section 14(1)(j) to (o) and (2)'-- 22
omit, insert-- 23
`section 14(1)(k) to (p) and (3)'. 24
s 15 10 s 16
Wild Rivers and Other Legislation Amendment Bill
2007
Clause 15 Amendment of s 39 (Copies of documents to be available 1
for public inspection) 2
Section 39(1)(e), `approved under section 16'-- 3
omit. 4
Clause 16 Insertion of new pt 6 5
After section 51-- 6
insert-- 7
`Part 6 Declaration and validation of 8
particular matters for Wild 9
Rivers and Other Legislation 10
Amendment Act 2007 11
`52 Definition for pt 6 12
`In this part-- 13
prepared declaration means any of the following documents, 14
made by the Minister on 30 January 2007-- 15
(a) `Fraser Wild River Declaration 2007'; 16
(b) `Gregory Wild River Declaration 2007'; 17
(c) `Hinchinbrook Wild River Declaration 2007'; 18
(d) `Morning Inlet Wild River Declaration 2007'; 19
(e) `Settlement Wild River Declaration 2007'; 20
(f) `Staaten Wild River Declaration 2007'. 21
`53 Validation of particular matters 22
`(1) A published notice is taken to be, and to have always been, a 23
valid notice of intent under section 8 and a valid declaration 24
proposal notice under section 11 for the proposed wild river 25
area to which the published notice relates, published on the 26
same day as the published notice was published. 27
s 16 11 s 16
Wild Rivers and Other Legislation Amendment Bill
2007
`(2) The `Amendment to Notice of Intent to Declare for the Fraser 1
Wild River Area' dated 18 July 2006 (the amending notice) is 2
taken to be, and to have always been, a valid amendment of 3
the notice of intent included in `Notice of Intent to Declare 4
and Declaration Proposal Notice for the Fraser Wild River 5
Area' dated 9 December 2005, published on the same day as 6
the amending notice was published. 7
`(3) A notice published, or purportedly published, by the Minister 8
extending a moratorium period that relates to a published 9
notice is taken to be, and to have always been, a valid 10
moratorium extension notice under section 9. 11
`(4) A proposal prepared, or purportedly prepared, by the Minister 12
for a proposed wild river area under a published notice and 13
mentioned in the published notice is taken to be, and to have 14
always been, a valid declaration proposal for the proposed 15
wild river area under section 11. 16
`(5) In this section-- 17
published notice means any of the following notices 18
published, or purportedly published, under sections 8 and 19
11-- 20
(a) `Notice of Intent to Declare and Declaration Proposal 21
Notice for the Hinchinbrook Wild River Area' dated 8 22
December 2005; 23
(b) `Notice of Intent to Declare and Declaration Proposal 24
Notice for the Settlement, Gregory, Morning Inlet and 25
Staaten Wild River Areas' dated 9 December 2005, but 26
only to the extent the notice refers to the proposed 27
Settlement, Gregory and Morning Inlet Wild River 28
Areas; 29
(c) `Notice of Intent to Declare and Declaration Proposal 30
Notice for the Fraser Wild River Area' dated 9 31
December 2005; 32
(d) `Notice of Intent to Declare and Declaration Proposal 33
Notice for the Staaten Wild River Area' dated 8 34
December 2006. 35
s 17 12 s 17
Wild Rivers and Other Legislation Amendment Bill
2007
`54 Particular documents taken to be wild river 1
declarations 2
`(1) Each prepared declaration is taken to be a wild river 3
declaration for this Act. 4
`(2) Despite section 16(2), the declaration has effect on the 5
commencement of this section. 6
`(3) Sections 16(3) and 38 do not apply to the declaration. 7
`(4) The Minister must as soon as practicable after this section 8
commences publish a copy of each prepared declaration on 9
the department's website.'. 10
Clause 17 Amendment of schedule (Dictionary) 11
(1) Schedule, definitions high risk species, moderate risk species, 12
wild river area and wild river declaration-- 13
omit. 14
(2) Schedule-- 15
insert-- 16
`high risk species, for a wild river area, means a plant species 17
listed in the wild river declaration for the area as a plant 18
species that has a high risk of having an adverse impact on the 19
natural values of the wild river area that the declaration is 20
intended to preserve. 21
moderate risk species, for a wild river area, means a plant 22
species listed in the wild river declaration for the area as a 23
plant species that has a moderate risk of having an adverse 24
impact on the natural values of the wild river area that the 25
declaration is intended to preserve. 26
prepared declaration see section 52. 27
wild river area means-- 28
(a) an area declared under part 2 as a wild river area; or 29
(b) an area shown as a wild river area in a prepared 30
declaration. 31
wild rivers code see section 6A. 32
s 18 13 s 19
Wild Rivers and Other Legislation Amendment Bill
2007
wild river declaration means-- 1
(a) a declaration approved under part 2; or 2
(b) a declaration that under section 54 is taken to be a wild 3
river declaration.'. 4
(3) Schedule, definition agricultural activities, paragraph 2, 5
paragraph (d), after `crop of pasture or grain species'-- 6
insert-- 7
`in a preservation area'. 8
(4) Schedule, definition agricultural activities, paragraph 2, 9
paragraph (d)(ii), `wild river preservation area'-- 10
omit, insert-- 11
`wild river area of which the preservation area is a part'. 12
Part 3 Amendment of Environmental 13
Protection Act 1994 14
Clause 18 Act amended in pt 3 15
This part amends the Environmental Protection Act 1994. 16
Clause 19 Amendment of s 73AA (Development applications in 17
relation to wild river areas) 18
Section 73AA(9), definition exempt environmentally relevant 19
activity, paragraph (b), `19 (dredging material),'-- 20
omit. 21
s 20 14 s 23
Wild Rivers and Other Legislation Amendment Bill
2007
Part 4 Amendment of Vegetation 1
Management Act 1999 2
Clause 20 Act amended in pt 4 3
This part amends the Vegetation Management Act 1999. 4
Clause 21 Insertion of new s 19D 5
Part 2, division 4-- 6
insert-- 7
`19D Application of ss19A19C to wild rivers code 8
`Sections 19A to 19C do not apply to the wild rivers code 9
under the Wild Rivers Act 2005, or a part of that code, that is a 10
declared area code.'. 11
Part 5 Amendment of Water Act 2000 12
Clause 22 Act amended in pt 5 13
This part amends the Water Act 2000. 14
Clause 23 Amendment of s 966A (Applications in relation to 15
operational work in wild river areas) 16
(1) Section 966A(2)-- 17
omit, insert-- 18
`(2) Subsection (3) applies if any part of the application relates 19
to-- 20
(a) operational work in a wild river high preservation area 21
that interferes with the flow of water in a watercourse, 22
lake or spring in the wild river high preservation area; or 23
s 23 15 s 23
Wild Rivers and Other Legislation Amendment Bill
2007
(b) operational work in a wild river preservation area that 1
interferes with the flow of water in a nominated 2
waterway and is not a dam or weir; or 3
(c) operational work in a high preservation area that takes 4
overland flow water, other than works stated in a wild 5
river declaration for the area to be assessable 6
development under the Integrated Planning Act 1997 7
for which a development application under that Act may 8
be made.'. 9
(2) Section 966A(4)(b)-- 10
omit. 11
(3) Section 966A(4)(c)-- 12
renumber as section 966A(4)(b). 13
© State of Queensland 2007
AMENDMENTS TO BILL
1
Wild Rivers and Other Legislation Amendment Bill
2007
Wild Rivers and Other Legislation
Amendment Bill 2007
Amendments agreed to during Consideration
1 Clause 13 (Amendment of s 26 (Content of wild river
amendment declaration))--
At page 9, lines 15 to 19--
omit, insert--
`13 Replacement of s 26 (Content of wild river amendment
declaration)
`Section 26--
omit, insert--
` `26 Content of wild river amendment declaration
`(1) A wild river amendment declaration must include, but is not
limited to, the following information--
(a) the title of the wild river declaration to which the
amendment relates;
(b) details of the amendment to the declaration including--
(i) any changes to the existing boundaries of the parts
of the wild river area; or
(ii) any addition of an area to, or removal of an area
from, the wild river area; or
(iii) any amalgamation of the wild river area with all or
part of another wild river area; or
(iv) any activities or taking of natural resources to
which a property development plan relating to the
amendment applies.
`(2) For subsection (1)(b)(iv), it is sufficient if the property
development plan is identified, whether or not the activities or
taking are specifically stated in the amendment.'.'.
2
Wild Rivers and Other Legislation Amendment Bill
2007
2 Before clause 14--
At page 9, before line 20--
insert--
`13A Amendment of s 31 (Minor amendments of wild river
declaration)
`Section 31(3), definition `owner'--
omit.
`13B Insertion of new pt 2, div 2A
`After section 31--
insert--
` `Division 2A Property development plans
`Subdivision 1 Applying for and obtaining approval
of proposed property development
plan
`31A Application of sdiv 1
`This subdivision applies if--
(a) a person proposes to carry out activities on, or take
natural resources from, land owned by the person within
a wild river area; and
(b) all or some of the activities or the taking of resources is
prohibited under a wild river declaration.
`31B Application for approval of proposed property
development plan
`The person may apply to the Minister for approval of a
proposed property development plan (the proposed plan) that,
on approval, will for the purposes of subdivision 2, apply--
(a) for a period of 10 years from the approval; and
3
Wild Rivers and Other Legislation Amendment Bill
2007
(b) to stated activities that may be carried out, or natural
resources that may be taken from, the land that is within
the wild river area.
Note--
An approval of a proposed plan is not in itself a development
approval under the Integrated Planning Act 1997, or another
approval under another Act, for carrying out an activity or taking a
natural resource. See also sections 43A and 43B.
`31C Requirements for application
`(1) The application must--
(a) be in the approved form; and
(b) attach a copy of the proposed plan; and
(c) be accompanied by the fee prescribed under a
regulation.
`(2) The proposed plan must comply with section 31D.
`31D Required information for proposed plan
`(1) For section 31C(2), the proposed plan must state each of the
following--
(a) the title of the wild river area;
(b) the activities, or taking of natural resources, to which the
plan applies;
(c) the nature, extent and location of the activities or the
taking;
(d) the time frame for completion of the activities or the
taking;
(e) the land (relevant land) owned by the person within the
wild river area;
(f) any other land owned by the person that is contiguous
with the relevant land;
(g) the infrastructure on, use of and types of vegetation on,
the relevant land;
4
Wild Rivers and Other Legislation Amendment Bill
2007
(h) whether or not the person may reasonably carry out the
activities, or the taking, without an amendment of the
wild river declaration;
(i) the nature and extent of any adverse impact that is likely
to result from the activities, or the taking, on the natural
values of the relevant wild river, and how the adverse
impact may be minimised;
(j) the nature and extent of any other thing proposed to be
done in addition to the activities, or the taking, that
would result in a beneficial impact on the natural values
of the relevant wild river;
Note--
The inclusion of the other thing is only for the purpose of
satisfying the requirement under section 31E(b) for approval of
the proposed plan. The inclusion is not in itself a development
approval under the Integrated Planning Act 1997, or another
approval under another Act, for doing the thing.
(k) any other restrictions applying to, or approvals needed
for, the carrying out of the activities or the taking.
`(2) In this section--
`relevant wild river, in a wild river area, includes--
(a) the wild river and the major tributaries of the wild river;
and
(b) any nominated waterways and special features of the
wild river area.
`31E Approval of proposed plan
`The Minister may approve the proposed plan, with or without
conditions, for the purpose of subdivision (2) only if the
Minister is satisfied--
(a) the carrying out of the activities or the taking under the
plan--
(i) may not reasonably be carried out without
amending the wild river declaration; and
5
Wild Rivers and Other Legislation Amendment Bill
2007
(ii) is likely to be completed within 10 years of the
grant of the approval; and
(b) the carrying out of the activities or taking, and anything
mentioned in section 31D(1)(j), will not have an overall
adverse impact on the natural values of the wild river to
which the plan applies; and
(c) the environmental benefits of the plan justify the
approval of the plan.
`Subdivision 2 Operation of property development
plan
`31F Amendment of wild river declaration
`(1) The Minister may, under division 2, amend the declaration for
the wild river area mentioned in a property development plan
to accommodate the carrying out of the activities, or taking of
the natural resources, to which the plan applies.
`(2) This section does not limit section 19.
`31G Application of property development plan
`For the purposes of sections 43A and 43B, a property
development plan is taken to apply to the land, within the wild
river area mentioned in the plan, that was owned by the person
who applied for approval of the plan when the application was
made.
Note--
See also sections 43A (Effect of property development plan on
particular development applications) and 43B (Effect of property
development plan on particular applications under the Water Act
2000).'.'.
3 After clause 15--
At page 10, after line 4--
insert--
6
Wild Rivers and Other Legislation Amendment Bill
2007
`15A Insertion of new ss 43A and 43B
`After section 43--
insert--
` `43A Effect of property development plan on particular
development applications
`(1) This section applies to a development application that--
(a) relates to land to which a property development plan
applies; and
(b) is for assessable development under any of the following
provisions of the Integrated Planning Act 1997,
schedule 8, part 1--
· table 1, item 2
· table 2, items 1, 8 and 11
· table 4, items 1A to 1G, 3, 5, 6 to 8 and 10
· table 5, items 1 and 4.
`(2) Despite the Integrated Planning Act 1997, section 3.2.1,
unless the application is consistent with the property
development plan--
(a) the application is taken not to be a properly made
application for that Act; and
(b) the assessment manager must refuse to receive the
application.
`43B Effect of property development plan on particular
applications under the Water Act 2000
`(1) This section applies to an application under the Water Act
2000, section 266 or 280, that relates to land to which a
property development plan applies.
`(2) Despite the Water Act 2000, unless the application is
consistent with the property development plan, the chief
executive of the department in which that Act is administered
must refuse to receive the application.'.'.
7
Wild Rivers and Other Legislation Amendment Bill
2007
4 Clause 17 (Amendment of schedule (Dictionary))--
(1) At page 12, after line 26--
insert--
`owner, of land, means any of the following, and includes the
occupier of the land--
(a) the registered proprietor of the land;
(b) the lessee or licensee under the Land Act 1994 of the
land;
(c) the holder of a mineral development licence or mining
lease under the Mineral Resources Act 1989;
(d) the person or body of persons who, for the time being,
has lawful control of the land, on trust or otherwise;
(e) the person who is entitled to receive the rents and profits
of the land.'.
(2) At page 12, after line 27--
insert--
`property development plan means a plan approved under
section 31E.
proposed plan, for part 2, division 2A, subdivision 1, see
section 31B.'.
5 After clause 22--
At page 14, after line 14--
insert--
`22A Amendment of s 360ZD (Restricting water supply)
`Section 360ZD--
insert--
`(7) In this section--
customer, of a service provider, means--
(a) if the service provider is a local government--a
ratepayer of the local government who enjoys registered
services supplied by the local government; and
8
Wild Rivers and Other Legislation Amendment Bill
2007
(b) if the service provider is other than a local
government--a person who enjoys registered services
supplied by the service provider.'.
`22B Amendment of s 360ZE (Notice of commission water
restriction must be given)
`(1) Section 360ZE(4)(a), `for a non-residential customer'--
omit, insert--
`if the contravention relates to non-residential premises'.
`(2) Section 360ZE(4)(b), `for any other person'--
omit, insert--
`otherwise'.'.
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