Irvinebank State Treatment Works Repeal Act 2003 (Qld)

Queensland IRVINEBANK STATE TREATMENT WORKS REPEAL ACT 2003 Act No. 51 of 2003

Queensland IRVINEBANK STATE TREATMENT WORKS REPEAL ACT 2003 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 Termination of preliminary agreement and sale agreement . . . . . . . . . . . . . 5 4 Permit to occupy the land to be issued to purchaser . . . . . . . . . . . . . . . . . . . 5 5 Application of deposit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 6 Cancellation of authorities, or undecided applications for authorities, for operating works . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 7 Purchaser’s liability for actions etc. relating to works . . . . . . . . . . . . . . . . . 6 8 Purchaser to hand over records etc.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 9 Repeal of Irvinebank State Treatment Works (Sale and Operation) Act 1990 7 10 Expiry of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . 8 AP11308

Queensland Irvinebank State Treatment Works Repeal Act 2003 Act No. 51 of 2003 An Act to repeal the Irvinebank State Treatment Works (Sale andOperation) Act 1990 , and for related matters [Assented to 11 September 2003]

s1 4 s2 Irvinebank State Treatment Works Repeal Act 2003 No. 51, 2003 The Parliament of Queensland enacts— 1 Short title This Act may be cited as the Irvinebank State Treatment Works Repeal Act 2003 . 2 Definitions In this Act— “commencement” means the commencement of this Act. “deposit” means the $12 000 deposit paid by the purchaser to the State, receipt of which is acknowledged in the sale agreement. “preliminary agreement” means the agreement dated 30 June 1983 entered into by the State and the purchaser, including all amendments to the agreement. “purchaser” means Frank Hilla. “relevant authority” means a lease, licence, permit or other authority granted, given or issued under any Act, but does not include the permit mentioned in section 4. Examples — • a water licence or water permit under the Water Act 2000 • a mining lease under the Mineral Resources Act 1989 “sale agreement” means the agreement, in the form contained in the IrvinebankStateTreatmentWorks(SaleandOperation)Act1990 , schedule, dated 29 August 1991 entered into by the State and the purchaser. “site” means lots 19 and 20 on plan HG765 situated in the Parish of Irvinebank, County of Hodgkinson, being unallocated State land. “the land” means lot 999 on AP11308 shown in the schedule, being, on the commencement, unallocated State land. “unallocated State land” has the meaning given under the Land Act 1994 , schedule 6. “works” means the Works within the meaning of the sale agreement.

s3 5 s5 Irvinebank State Treatment Works Repeal Act 2003 No. 51, 2003 3 Termination of preliminary agreement and sale agreement The preliminary agreement and the sale agreement are terminated. 4 Permit to occupy the land to be issued to purchaser (1) The chief executive must, as soon as practicable, issue to the purchaser a permit to occupy the land under the Land Act 1994 . (2) No fee is payable by the purchaser for the issue of the permit under the Land Act 1994 . 5 Application of deposit (1) Subsection (2) applies if— (a) the chief executive gives the purchaser a trespass notice under the Land Act 1994 , section 406 1 requiring the purchaser to leave the site and remove from the site anything belonging to the purchaser; and (b) anything belonging to the purchaser (the “forfeited property” ) is forfeited to the State under the Land Act 1994 , section 408. 2 (2) The Minister must apply the deposit— (a) firstly, in payment of the expenses reasonably incurred in selling or otherwise disposing of the forfeited property; and (b) if any part of the deposit remains—secondly, in payment to the purchaser. (3) If the Minister must act under subsection (2)(b), he or she must do so as soon as practicable after the day when all the forfeited property has been sold or otherwise disposed of by the Minister. (4) Subsection (5) applies if— (a) the chief executive gives the purchaser a trespass notice under the Land Act 1994 , section 406 requiring the purchaser to leave the site and remove from the site anything belonging to the purchaser; and 1 Land Act 1994, section 406 (Notice to person to leave land, remove structures etc.) 2 Land Act 1994, section 408 (Improvements etc. forfeited)

s6 6 s7 Irvinebank State Treatment Works Repeal Act 2003 No. 51, 2003 (b) nothing belonging to the purchaser is forfeited to the State under the Land Act 1994 , section 408. (5) The Minister must pay the deposit to the purchaser as soon as practicable after the purchaser leaves the site. (6) Any interest earned on the deposit remains the property of the State. 6 Cancellation of authorities, or undecided applications for authorities, for operating works (1) This section applies if, at the commencement— (a) the purchaser holds a relevant authority in relation to the works; or (b) the purchaser has applied for a relevant authority in relation to the works and the application has not been decided. (2) On the commencement— (a) a relevant authority mentioned in subsection (1)(a) is cancelled to the extent it relates to the site; and (b) an application mentioned in subsection (1)(b) is cancelled. (3) This section applies despite any requirements for cancelling the authority or application under the Act providing for the granting, giving or issuing of the authority. (4) Compensation is not payable for the cancellation of an authority or application under this section. 7 Purchaser’s liability for actions etc. relating to works The purchaser is solely liable for all actions, proceedings and claims relating to— (a) the occupation or operation of the works by the purchaser; or (b) the occupation of the land by the purchaser under the permit mentioned in section 4.

s 8 7 s 10 Irvinebank State Treatment Works Repeal Act 2003 No. 51, 2003 8 Purchaser to hand over records etc. (1) On the commencement, all books of account and other records kept by the purchaser relating to the operation of the works become the property of the State. (2) The purchaser must give the records to the chief executive as soon as practicable. 9 Repeal of Irvinebank State Treatment Works (Sale andOperation) Act 1990 The Irvinebank State Treatment Works (Sale and Operation) Act 1990 No. 45 is repealed. 10 Expiry of Act This Act expires on 31 December 2004.

8 Irvinebank State Treatment Works Repeal Act 2003 No. 51, 2003 SCHEDULE AP11308 section 2, definition “the land”

© State of Queensland 2003