Industrial Development Act Amendment Act 1970 (Qld)

508 C, >x>rEktsl a- dr i ANNO NONODECIMO ELIZABETHAE SECUNDAE REGINAE No. 40 of 1970 An Act to Amend The Industrial Development Acts 1963 to 1964 i n certain particulars and for another purpose [ ASSENTED TO 18TH DECEMBER, 1970] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the Industrial Development Act Amendment Act 1970. (2) The Industrial Development Act of 1963 as subsequently amended is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Industrial Development Act1963-1970.

Industrial Development Act Amendment Act 1970, No. 40 509 2. Commencement of certain provisions . Paragraph (a) of section 3 and sections 4 and 8 of this Act shall come into operation on the first day of January, 1971. 3. Amendment of s. 3. Section 3 of the Principal Act is amended by- (a) omitting the term " Director of Technical Services " and its meaning; (b) adding to the meaning of the term " Minister " the words ". The term includes the Minister constituting the corporation sole by the name of " The Minister for Industrial Development of Queensland " where powers. functions and duties are exercised and performed by or in respect o him under this Act as such corporation or where he does any act in the proper exercise and performance by him of his powers, functions and duties under this Act as such corporation;". 4. Amendment of s. 4 . Section 4 of the Principal Act is amended by omitting the words ", the Director of Technical Services ". 5. Amendment of s. 6 . Section 6 of the Principal Act is amended by- (a) in subsection (1) omitting in paragraph (c) the words " and providing land " and inserting in their stead the words ", developing, providing and disposing of land, and improvements thereon,"; (b) in subsection (2) omitting paragraph (a) and inserting in its stead the following paragraph:-- (a) has power to enter into agreements and contracts and to take and do all such steps and things as in his opinion are necessary or convenient for carrying out the functions mentioned in subsection (1) of this section or any of those functions including, but with the prior approval of the Governor in Council,- (i) power to construct roads, install and provide facilities and amenities and carry out such other works as in the opinion of the Minister are necessary or appropriate to enable land to be used for industry; (ii) power to construct, erect and maintain buildings and other improvements on land, and for any industrial purpose- (iii) power to sell to any person on such terms and conditions as the Minister may approve, including terms providing for the payment of the purchase money by instalments extending over a period of time, any building and the land and any other improvements appurtenant thereto; (iv) power to grant to any person by lease or licence the use or occupation of any building or part of any building and of the land and any other improvements appurtenant thereto;"; (c) adding the following subsection after subsection (2):- " (3) (a) The Minister shall not, in respect of anything done or omitted to be done by him or by any person acting under his authority pursuant to his power under this section to construct

510 Industrial Development Act Amendment Act 1970, No. 40 roads, be subject to any duty, obligation, liability or responsibility except to the extent to which a Local Authority would be subject to that duty, obligation, liability or responsibility were the act or omission committed by it. (b) Without limiting the power to make regulations under section 27 of this Act, regulations may be made under that section conferring upon the Minister for the purposes of this section any right, power, protection, privilege or obligation relating to roads had by a Local Authority or by the Commissioner of Main Roads under the Local Government Act 1936-1970 or The Main Roads Acts 1920 to 1968. Without limit to the generality of the foregoing, regulations may be made regulating, prohibiting or restricting traffic or any class of traffic upon any road constructed or under construction by the Minister pursuant to this section or upon any part of any such road or confining traffic or any class of traffic to any specified part of any such road. (c) At any time after the completion of the construction of any road constructed by the Minister pursuant to this section the Governor in Council may, by Order in Council, fix a date on and after which the provisions of the Local Government Act 1936-1970 shall apply to the road. On and after the date so fixed- (i) the Minister shall not be subject to any duty, obligation, liability or responsibility whatsoever in respect of the road; (ii) any regulations made pursuant to the provisions of this section shall cease to apply to the road; (iii) the provisions of the Local Government Act 1936-1970 shall apply in respect of the road as if it had been constructed by the Local Authority in the area whereof it is situated. (d) Until the date fixed by the Governor in Council by Order in Council pursuant to paragraph (c) of this subsection, the Local Government Act 1936-1970 does not apply to a road constructed or under construction pursuant to this section.". 6. New s. 6A. The Principal act is amended by inserting after section 6 the following section:- " 6A. Power to lease and sub-lease land. (1) Notwithstanding the provisions of the Land Act 1962-1968, the Governor in Council may from time to time, in the name of Her Majesty, demise in perpetuity or for a term of years to the Minister any Crown land for the purposes of this Act and any such demise shall be upon and subject to such terms and conditions as the Governor in Council thinks fit. (2) The Minister may, with the prior approval of the Governor in Council, sub-lease to any person for industrial purposes any Crown land demised to him pursuant to this section, or any part of such land, whether with or without buildings or other improvements thereon, upon and subject to such terms and conditions as he thinks fit.".

Industrial Development Act Amendment Act 1970, No. 40 511 7. New s. 6B. The Principal Act is amended by inserting after section 6A as inserted by this Act the following section:- " 6B. Vesting of Crown land in the Minister . The Governor in Council may from time to time by Order in Council published in the Gazette vest in fee simple in the Minister any Crown land for the purposes of this Act and the Minister may exercise accordingly his powers and authorities under and subject to this Act in respect of the land so vested. The Governor in Council is authorized to so vest in fee simple in the Minister any Crown land subject to any reservations required by any Act to be made in relation thereto.". 8. Amendment of s. 9 . Section 9 of the Principal Act is amended by, in subsection (1), omitting the words " The Director of Technical Services or any other " and inserting in their stead the word " Any ". 9. Amendment of s. 16 (6). Subsection (6) of section 16 of the Principal Act is amended by inserting in paragraph (b) after the word " applicant " the words " or other person providing the security ". 10. Amendment of s. 17. Section 17 of the Principal Act is amended by omitting paragraphs (a) and (b) and inserting in their stead the following paragraphs:- (a) by way of an advance under this Act exceeding in amount-- (i) two-thirds of the estimated value, in the case of an industry located within the Area of the City of Brisbane; and (ii) three-quarters of the estimated value, in the case of an industry located outside the Area of the City of Brisbane, as at the time the advance is made, of the security taken by the Minister for such advance; (b) by way of a guarantee under this Act of a loan obtained from a person named by the Minister exceeding in amount- (i) two-thirds of the estimated value, in the cast an industry located within the Area of the City of Brisbane; and (ii) three-quarters of the estimated value, in the case of an industry located outside the Area of the City of Brisbane, as at the time the guarantee is given, of the security taken by the lender for such advance.". 11. Amendment of s. 22 (4). Subsection (4) of section 22 of the Principal Act is amended by omitting, in paragraph (b), the word " inspector " and inserting in its stead the word " auditor ". 12. Amendment of s. 24 . Section 24 of the Principal Act is amended by- (a) inserting after the word " industry " the words " or to expand an existing business pertaining to any industry ";

512 Industrial Development Act Amendment Act 1970, No. 40 (b) inserting after the word " sell " the words " on such terms and conditions as the Minister may approve, including terms providing for the payment of the purchase money by instalments extending over a period of time,"; (c) inserting after the words " carried on " the words " or expanded ". 13. Amendment of s. 27 (1). Subsection (1) of section 27 of the Principal Act is amended by inserting in paragraph (b) after the word " applicants " the words " or other persons providing security ". 14. Validity of certain things done. Any thing done prior to the date when this Act (other than paragraph (a) of section 3 and sections 4 and 8) commences which purports to have been done under the authority of the Principal Act, notwithstanding any defect in the doing thereof or in the manner in which such thing was done or in the procedure involved in the doing of such thing, and which would be authorized by the Principal Act as amended by this Act had it been done after the said date shall be deemed to have been authorized by the Principal Act.