Queensland Bills Explanatory Notes

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LAND AMENDMENT BILL 1996

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                           Land Amendment 1996


          LAND AMENDMENT BILL 1996


                      EXPLANATORY NOTE



GENERAL OUTLINE


Objectives of the Legislation
  The principal objective of this legislation is to introduce a range of
important amendments which will not only improve the effectiveness of the
existing legislation but also remove doubt as to the future status of the Land
Court.


The Reasons for the Bill
  The Bill makes provision for amendments to the Land Act 1994, which
will:
     a.   introduce greater flexibility to the leasehold rental system by
          granting the accountable Minister the power to set rentals at the
          quantum of the previous rental period where the Minister
          considers that the rental calculated using the most recently made
          valuation for rental purposes would result in an undue rental
          increase;
     b.   extend the investigative powers of the chief executive of the
          responsible department by giving that officer the discretion to
          consider the content of an approved Broadscale Tree Clearing
          Policy where no local guidelines exist; and
     c.   repeal an existing provision which established 30 June 1997 as
          the expiry date for the continuation of the Land Court and Land
          Appeal Court.
 
 
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                            Land Amendment 1996


Estimated Cost for Government Implementation
   The amount of rental foregone by the implementation of the rental
amendment for leases in the Grazing and Agricultural lease category for the
1996/97 rental period is approximately $1.3M. However, this amount will
be offset by a range of increases to the rentals of leases in the other 9 lease
categories.
  There are no appreciable costs involved in the implementation of the
amendments relating to tree clearing matters and the continuation of the
Land Court.


Consultation
  The following groups have been consulted on matters relating to the Bill:
     ·    Cattlemen's Union and the United Graziers' Association
     ·    Queensland Conservation Council; Department of Primary
          Industries, Fisheries and Forestry; Department of Environment
          and the Department of Natural Resources
     ·    Queensland Treasury
     ·    Australian Institute of Valuers and Land Economists and the
          Department of Justice


FUNDAMENTAL LEGISLATIVE PRINCIPLES
  This Bill does not breach any fundamental legislative principles.


NOTES ON PROVISIONS
  Clause 1 contains the short title.
  Clause 2 indicates that this Bill amends the Land Act 1994.
  Clause 3 This clause amends Section 183 of the Act by relocating the
provisions establishing the circumstances in which rent is determined and
payable under special cases to the new Section 183A which specifically
addresses these issues.
   Clause 4 The new Section 183A combines the existing special
circumstances when a "set rent" may be applied by the accountable
 
 
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                           Land Amendment 1996


Minister with additional provisions (new sub-sections (1) and (2)) which
allow the accountable Minister to set a rent for a defined group of leases,
licences or permits at the amount determined for the previous rental period
if the Minister considers that the rent calculated using the most recently
made valuation for rental purposes would result in an undue increase in the
rent for a rental period.
   Clause 5 This clause amends Section 262(2) of the Act to provide that
when evaluating applications for tree clearing permits over areas of
leasehold land for which local guidelines do not exist, the chief executive of
the responsible department should have regard to any broadscale tree
clearing policy document.
  Clause 6 This clause amends Section 392(4) of the Act by adding the
decision to set a rent under new Section 183A(1) to the list of Ministerial
powers which may not be delegated to the chief executive or an officer or
employee of the responsible department.
  Clause 7 This clause removes a provision which established 30 June
1997 as the expiry date for the continuation of certain provisions of the
repealed Land Act 1962 about the Land Court. In effect, the removal of this
provision secures the continuation of the Land Court and Land Appeal
Court as independent tribunals.
  Clause 8 This clause deletes the existing definition of a "set rent" in the
Dictionary of the Act and adds a new definition to comply with the
amendments contained in Clauses 3 and 4 of the Bill.




                          © The State of Queensland 1996

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