LAND, EXPLOSIVES AND OTHER LEGISLATION AMENDMENT ACT 2019 - As at 29 March 2019 - Act 7 of 2019
Table of Provisions
PART 1 - PRELIMINARY
- 1 Short title
- 2 Commencement
- 3 Act amended
- 4 Amendment of s 10 (Lands that are transferable lands)
- 5 Amendment of s 32B (Definitions for pt 2A)
- 6 Amendment of s 32R (Dwelling on available land)
- 7 Amendment of s 32T (Offer to allocate available land)
- 8 Amendment of s 40 (Appointment of grantee to hold land for benefit of Aboriginal people)
- 9 Amendment of s 93 (Transfer to entity to hold for benefit of Aboriginal people)
- 10 Amendment of s 104 (Transfer of Aboriginal land)
- 11 Amendment of s 105 (Application for approval to transfer)
- 12 Amendment of s 106 (Minister’s approval to transfer)
- 13 Amendment of s 109 (Transfer of Aboriginal land)
- 14 Amendment of s 111 (Minister’s approval to transfer)
- 15 Amendment of s 128 (Additional conditions and requirements for social housing dwelling)
- 16 Amendment of s 288 (Dealing with particular trust property)
- 17 Amendment of sch 1 (Dictionary)
- 18 Act amended
- 19 Insertion of new s 27A
- 20 Act amended
- 21 Replacement of long title
- 22 Insertion of new s 2A
- 23 Amendment of pt 3, hdg (Authorities)
- 24 Insertion of new pt 3, div 1AA
- 25 Amendment of s 15 (Inquiries about person’s appropriateness)
- 26 Insertion of new s 15A
- 27 Amendment of s 16 (Additional information)
- 28 Insertion of new s 16A
- 29 Amendment of s 17 (How chief inspector may deal with application)
- 30 Insertion of new s 18A
- 31 Amendment of s 20 (Transfer of authority)
- 32 Amendment of pt 3, div 2, hdg (Suspension and cancellation of authorities)
- 33 Insertion of new pt 3, div 2, sdiv 1, hdg
- 34 Amendment of s 23 (Grounds for suspension or cancellation)
- 35 Insertion of new s 23A
- 36 Amendment of s 24 (Procedure for suspension or cancellation)
- 37 Amendment of s 25 (Procedure for urgent suspension or cancellation of authority)
- 38 Insertion of new pt 3, div 2, sdiv 2
- 39 Insertion of new pt 3, div 2, sdiv 3, hdg
- 40 Amendment of s 26 (Return of authority)
- 41 Insertion of new s 26A
- 42 Amendment of pt 3, div 3, hdg (Other provisions about authorities)
- 43 Amendment of s 27 (Replacement of authority)
- 44 Amendment of s 28 (Amendment of authority on application)
- 45 Insertion of new s 30A
- 46 Amendment of s 31 (Surrender of authority)
- 47 Amendment of s 32 (General duty of care)
- 48 Replacement of s 33 (Employer’s obligation about employees)
- 49 Amendment of s 38 (Explosive to be manufactured under authority)
- 50 Amendment of s 40, hdg (Safety at factories)
- 52 Amendment of s 48, hdg (Safety at magazines)
- 53 Amendment of s 50 (Transporting explosives)
- 54 Insertion of new s 51A
- 55 Replacement of ss 55 and 56
- 56 Amendment of s 58 (Investigation by chief inspector or authority holder)
- 57 Amendment of s 59 (Person must answer question about explosives incident)
- 58 Insertion of new ss 59A and 59B
- 59 Amendment of s 60 (Minister may establish board of inquiry)
- 60 Replacement of s 61 (Membership of board of inquiry)
- 61 Insertion of new ss 62A and 62B
- 62 Amendment of s 63 (Procedure)
- 63 Amendment of s 72 (Offences by witnesses)
- 64 Insertion of new ss 74A and 74B
- 65 Amendment of s 75 (Contempt of board)
- 66 Replacement of s 80A (Function of inspector)
- 67 Insertion of new ss 90A–90C
- 68 Amendment of s 93 (Access to seized things)
- 69 Amendment of s 94 (Forfeiture of seized things)
- 70 Amendment of s 97 (Power to require attendance of persons before an inspector to answer questions)
- 71 Replacement of s 99 (False or misleading statements to inspector)
- 72 Omission of s 101 (False or misleading documents to inspector)
- 73 Amendment of pt 6, div 2, sdiv 6, hdg (General enforcement offence)
- 74 Insertion of new s 105AA
- 75 Insertion of new pt 6, div 2, sdiv 7
- 76 Insertion of new pt 6, div 2A
- 77 Amendment of s 111 (Application for external review)
- 78 Insertion of new pt 8, div 1A
- 79 Amendment of s 123A (Treatment of partnerships)
- 80 Amendment of s 126 (Disclosure by doctors and psychologists of certain information)
- 81 Insertion of new s 126AA
- 82 Amendment of s 126A (Protection from reprisal)
- 83 Amendment of s 126C (Public statements)
- 84 Insertion of new s 126D
- 85 Replacement of s 130 (Delegation by chief inspector)
- 86 Amendment of s 132 (Disclosure of information)
- 87 Insertion of new s 132A
- 88 Amendment of s 133 (Evidentiary provision)
- 89 Insertion of new ss 133A and 133B
- 90 Amendment of s 135 (Regulation-making power)
- 91 Insertion of new pt 10, div 6
- 92 Amendment of sch 2 (Dictionary)
- 93 Regulation amended
- 94 Insertion of new s 8A
- 95 Amendment of s 9 (Alternative safety measures)
- 96 Insertion of new pts 2A and 2B
- 97 Amendment of s 19 (Authorities that may be issued—Act, s 13)
- 98 Insertion of new s 23A
- 99 Amendment of s 31 (Licence to transport explosives)
- 100 Insertion of new s 31A
- 101 Insertion of new s 36A
- 102 Amendment of s 37 (Shotfirer licence)
- 103 Amendment of s 39 (Fireworks operator licence)
- 104 Amendment of s 40 (Other authorities)
- 105 Amendment of s 43 (Notification requirements for all authority holders)
- 106 Insertion of new s 43A
- 107 Omission of s 46 (Requirement to have and give effect to safety management system)
- 108 Insertion of new pt 3, div 5A
- 109 Amendment of s 54 (Condition of explosives)
- 110 Amendment of s 65 (Requirements for handling explosives at port)
- 111 Amendment of s 66 (Port authority or port operator to prepare explosives limits document)
- 112 Omission of s 70 (Prescribed amount of explosive—Act, s 38)
- 113 Amendment of s 71 (Prescribed explosives and conditions—Act, s 38)
- 114 Amendment of s 73 (Manufacturing explosives)
- 115 Amendment of s 76 (Persons to whom explosives may be supplied)
- 116 Amendment of s 79 (Person must comply with instructions and procedures)
- 117 Amendment of s 81 (Prohibited conduct)
- 118 Amendment of s 83 (Persons to whom explosives may be sold)
- 119 Omission of s 86 (Employer’s obligations about employees engaged in selling explosives—Act, s 33)
- 120 Amendment of s 88 (Restriction on holder of licence selling security sensitive explosive to new client)
- 121 Amendment of s 89 (Restriction on holder of licence selling security sensitive explosive to existing client)
- 122 Omission of s 92 (Security plan obligations of holder of licence to sell explosives)
- 123 Amendment of s 105 (Requirements for storing explosives)
- 124 Amendment of s 114 (Duties)
- 125 Amendment of s 115 (Powers)
- 126 Insertion of new s 115A
- 127 Replacement of s 116 (Entry to government magazine)
- 128 Amendment of s 118 (How manager must deal with request)
- 129 Amendment of s 119 (Requirements for storing explosive)
- 130 Amendment of s 129 (Person must comply with instructions and procedures)
- 131 Amendment of s 131 (Prohibited conduct)
- 132 Amendment of s 133 (Explosives exempt from s 50(1) of Act)
- 133 Amendment of s 134 (Requirements for consignors and consignees of particular explosives)
- 134 Amendment of s 135 (Explosives that may be transported under s 50(3) of Act)
- 135 Amendment of s 136 (Conditions for transporting explosives under s 50(3) of Act)
- 136 Insertion of new s 136A
- 137 Amendment of s 137 (General requirements for transporting explosives)
- 138 Insertion of new s 138A
- 139 Amendment of s 140 (Person must comply with instructions, notices and procedures)
- 140 Amendment of s 142 (Prohibited conduct)
- 141 Amendment of s 143 (Application of division)
- 142 Insertion of new pt 9, divs 6 and 7
- 143 Amendment of s 147 (Employer’s obligations about employees engaged in using explosives)
- 144 Amendment of s 152 (Use of blasting explosives)
- 145 Amendment of s 160 (Meaning of organise fireworks display)
- 146 Amendment of s 162 (Meaning of safety requirements for fireworks displays)
- 147 Amendment of s 166 (Prohibition on allowing unsafe fireworks display to be staged)
- 148 Amendment of s 168 (Fireworks contractor’s obligations about safety of fireworks display)
- 149 Amendment of s 184 (Application for external review)
- 150 Amendment of s 185 (Period for keeping records)
- 151 Insertion of new pt 14, div 1, hdg
- 152 Amendment of s 193 (Definitions for part)
- 153 Insertion of new pt 14, div 2
- 154 Amendment of sch 3 (Matters to be included in safety management system)
- 155 Amendment of sch 7 (Dictionary)
- 156 Act amended
- 157 Amendment of s 4 (Interpretation)
- 158 Omission of ss 5–10
- 159 Replacement of s 11 (Register)
- 160 Omission of s 12 (Accurately completed prescribed forms)
- 161 Amendment of s 14 (Access to information in register)
- 162 Omission of s 17 (Disclosure of present interest)
- 163 Replacement of ss 18–21
- 164 Amendment of s 23 (Registrar may enter information)
- 165 Amendment of s 24 (Offence not to comply with s 22)
- 166 Amendment of s 25 (False or misleading statements)
- 167 Omission of pt 5 (Forfeiture and restraint)
- 168 Replacement of ss 41–42
- 169 Amendment of s 43 (Evidentiary provisions)
- 170 Insertion of new s 44B
- 171 Insertion of new pt 7
- 172 Amendment of sch 1 (Dictionary)
- 173 Act amended
- 174 Insertion of new ch 4, pt 3, div 2, sdiv 1AA
- 175 Amendment of s 157 (Expiry of lease)
- 176 Amendment of s 164 (What is a rolling term lease)
- 177 Amendment of s 164A (Approval of lease as a rolling term lease)
- 178 Insertion of new ss 180B and 180C
- 179 Amendment of s 180H (Dealing with improvements)
- 180 Insertion of new ss 180I–180K
- 181 Insertion of new s 199B
- 182 Amendment of s 214 (Minister’s power to give remedial action notice)
- 183 Insertion of new s 214G
- 184 Insertion of new ch 5, pt 2, div 6
- 185 Amendment of s 234 (When lease may be forfeited)
- 186 Insertion of new s 242A
- 187 Amendment of s 243 (Improvements on forfeited lease)
- 188 Insertion of new ss 244–244B
- 189 Insertion of new s 280AA
- 190 Insertion of new s 287A
- 191 Amendment of s 294E (Registration of building management statement)
- 192 Amendment of s 305 (Requisitions)
- 193 Amendment of s 306 (Rejecting document for failure to comply with requisition)
- 194 Insertion of new s 327D
- 195 Amendment of s 328 (Surrender of subleases)
- 196 Amendment of s 373A (Covenant by registration)
- 197 Amendment of s 377 (Registering personal representative)
- 198 Amendment of s 380 (Applying for Supreme Court order)
- 199 Amendment of s 389C (Requirements of caveats)
- 200 Replacement of s 389E (Notifying caveat)
- 201 Amendment of s 389F (Effect of lodging caveat)
- 202 Amendment of s 389I (Cancelling caveat)
- 203 Insertion of new ch 6A
- 204 Omission of ch 7, pt 1, divs 2–5
- 205 Insertion of new ch 7, pts 1A–1C
- 206 Insertion of new s 405AA
- 207 Amendment of s 406 (Notice to person to leave land, remove structures etc.)
- 208 Replacement of s 408 (Improvements etc. forfeited)
- 209 Amendment of s 409 (Person may start proceeding in Magistrates Court)
- 210 Amendment of s 410 (Chief executive may start proceeding)
- 211 Insertion of new ch 7, pt 2, div 5
- 212 Insertion of new ch 7, pt 3, div 1AA
- 213 Insertion of new s 420K
- 214 Amendment of s 421 (Notice of right of appeal to be given)
- 215 Replacement of s 440 (Obstruction of officers etc.)
- 216 Amendment of s 441 (Protection from liability)
- 217 Amendment of s 448 (Regulation-making power)
- 218 Insertion of new ch 9, pt 3
- 219 Amendment of sch 2 (Original decisions)
- 220 Amendment of sch 6 (Dictionary)
220A . Act amended
220B . Amendment of s 2 (Commencement)
PART 8 - AMENDMENT OF LAND REGULATION 2009
- 221 Regulation amended
- 222 Amendment of s 48 (Required time for trespass notice—Act, s 406)
Division 1 - Preliminary
Division 2 - Amendments commencing on assent
- 224 Insertion of new s 10A
- 225 Insertion of new s 29A
- 226 Amendment of s 54D (Registration of building management statement)
- 227 Amendment of s 69 (Surrendering a lease)
- 228 Amendment of s 111 (Registering personal representative)
- 229 Amendment of s 114 (Applying for Supreme Court order)
- 230 Amendment of s 121 (Requirements of caveats)
- 231 Replacement of s 123 (Notifying caveat)
- 232 Amendment of s 124 (Effect of lodging caveat)
- 233 Amendment of s 126 (Lapsing of caveat)
- 234 Amendment of s 128 (Cancelling a caveat)
- 235 Amendment of s 156 (Requisitions)
- 236 Amendment of s 157 (Rejecting instrument or document for failure to comply with requisition)
- 237 Amendment of s 197 (Service)
- 238 Amendment of s 199 (Regulation-making power)
- 239 Insertion of new pt 12, div 7, sdiv 1
Division 3 - Amendments commencing on 1 October 2019
- 240 Amendment of s 41C (Application of provisions of Act to common property)
- 241 Omission of pt 3, div 3 (Certificates of title)
- 242 Omission of s 75 (Equitable mortgage)
- 243 Omission of s 154 (Returning certificate of title for cancellation)
- 244 Amendment of s 164 (Dispensing with production of paper instrument)
- 245 Amendment of s 166 (Destroying instrument in certain circumstances)
- 246 Amendment of s 189 (Matters for which there is no entitlement to compensation)
- 247 Insertion of new pt 12, div 7, sdiv 2
- 248 Amendment of sch 2 (Dictionary)
- 249 Act amended
- 250 Amendment of s 103 (Definitions for ch 4)
- 251 Amendment of s 165 (What is PL connecting infrastructure)
- 252 Insertion of new ch 7, pt 5
- 253 Act amended
- 254 Insertion of new ch 15, pt 10A
Division 1 - Preliminary
Division 2 - Amendments commencing on assent
- 256 Amendment of s 343 (Exclusion)
- 257 Amendment of s 670 (What is an operating plant)
- 258 Amendment of s 677 (Operator responsible for compliance with safety management system)
- 259 Amendment of s 693 (Site safety manager’s obligations)
- 260 Omission of ch 9, pt 4, div 2 (Operating plant owners)
- 261 Replacement of s 699 (General obligation to keep risk to acceptable level)
- 262 Amendment of s 702 (Requirement to comply with safety management system)
- 263 Amendment of s 725 (What is gas work)
- 264 Insertion of new ch 10, pt 3
- 265 Replacement of s 813 (False or misleading information)
- 266 Amendment of s 814 (Liability of executive officer—particular offences committed by corporation)
- 267 Amendment of s 814A (Executive officer may be taken to have committed offence)
- 268 Replacement of s 836 (Safety management systems)
- 269 Amendment of s 837 (Offences under Act are summary)
- 270 Replacement of s 840 (Conduct of representatives)
- 271 Amendment of s 851A (Public statements)
- 272 Amendment of s 856 (Protection from liability for particular persons)
- 273 Insertion of new ch 15, pt 22
- 274 Amendment of sch 2 (Dictionary)
Division 3 - Amendments commencing by proclamation
- 275 Amendment of s 18 (Types of authority under Act)
- 276 Amendment of s 670 (What is an operating plant)
- 277 Amendment of s 673 (Who is the operator of an operating plant)
- 278 Omission of s 673A (Operator must ensure chief inspector is given notice before a plant is commissioned or operated)
- 279 Amendment of s 688 (Executive safety manager’s general obligations)
- 280 Omission of ss 689–691
- 281 Replacement of s 694 (Operator is default site safety manager)
- 282 Insertion of new ch 9, pt 3, div 3
- 283 Amendment of s 726 (Gas work for which licence is required)
- 284 Amendment, relocation and renumbering of s 730 (Register of gas work licences and authorisations)
- 285 Amendment, relocation and renumbering of s 731 (Access to register)
- 286 Insertion of new ch 9, pt 6A
- 287 Omission of s 733 (Approval of gas devices and gas fittings for supply, installation and use)
- 288 Amendment of s 734A (Safety obligations of gas system installer)
- 289 Insertion of new s 734AA
- 290 Amendment of s 789 (Operation of div 4)
- 291 Amendment of s 790 (Types of noncompliance action that may be taken)
- 292 Amendment of s 814 (Liability of executive officer—particular offences committed by corporation)
- 293 Amendment of s 814A (Executive officer may be taken to have committed offence)
- 294 Insertion of new ss 998–1000
- 295 Amendment of sch 1 (Reviews and appeals)
- 296 Amendment of sch 2 (Dictionary)
- 297 Regulation amended
- 298 Amendment of sch 1 (Infringement notice offences and fines for nominated laws)
- 299 Act amended
- 300 Amendment of s 28B (Definitions for pt 2A)
- 301 Amendment of s 28R (Dwelling on available land)
- 302 Amendment of s 28T (Offer to allocate available land)
- 303 Amendment of s 36 (Appointment of grantee to hold land for benefit of Torres Strait Islanders)
- 304 Amendment of s 60 (Transfer to entity to hold for benefit of Torres Strait Islanders)
- 305 Amendment of s 71 (Transfer of Torres Strait Islander land)
- 306 Amendment of s 72 (Application for approval to transfer)
- 307 Amendment of s 73 (Minister’s approval to transfer)
- 308 Amendment of s 76 (Transfer of Torres Strait Islander land)
- 309 Amendment of s 78 (Minister’s approval to transfer)
- 310 Amendment of s 93 (Additional conditions and requirements for social housing dwelling)
- 311 Amendment of s 192 (Dealing with particular trust property)
- 312 Amendment of sch 1 (Dictionary)
PART 15 - OTHER AMENDMENTS
