Land Amendment Regulation (No. 1) 1993 (Qld)

Queensland Subordinate Legislation 1993 No. 243 Land Act 1962 LAND AMENDMENT REGULATION (No. 1) 1993 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Amended regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Insertion of new Part 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 PART 2—CATEGORIES OF LEASES 9 Rent notice to show category of lease . . . . . . . . . . . . . . . . . . . . . . . . 3 10 Categories of leases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 11 Category 1 leases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 12 Category 2 leases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 12A Category 3 leases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 12B Category 5 leases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 12C Category 6 leases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 12D Category 8 leases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 12E Category 9.1, 9.2 leases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 12F Category 10.1, 10.2, 10.3 leases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 12G Determination of rentals of certain leases . . . . . . . . . . . . . . . . . . . . . 6 12H Prescribed day from which prescribed rate applies . . . . . . . . . . . . . . 7 5 Amendment of s.48 (Minimum rent) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 6 Insertion of new ss.52–55 and Schedule 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

2 Land Amendment (No. 1) No. 243, 1993 52 Rent—when payable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 Instalments—when payable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 6—TRANSITIONAL PROVISIONS 54 Special leases and grazing homestead perpetual leases . . . . . . . . . 55 Perpetual town, suburban or country leases (non-competitive) . . . . SCHEDULE 1 PRESCRIBED RATES APPLYING TO CERTAIN CATEGORIES OF LEASES 7 8 9 9

3 Land Amendment (No. 1) No. 243, 1993 ˙ Short title 1. This regulation may be cited as the Land Amendment Regulation (No. 1) 1993 . ˙ Commencement 2. This regulation commences on 1 July 1993. ˙ Amended regulation 3. The Land Regulation 1988 is amended as set out in this regulation. ˙ Insertion of new Part 2 4. After section 8— insert— ‘PART 2—CATEGORIES OF LEASES ˙ ‘Rent notice to show category of lease ‘9. A notice for the payment of rent in relation to a lease to which section 61B, 131, 204B or 212 of the Act applies must show the category on which the assessment of rent has been based. ˙ ‘Categories of leases ‘10.(1) The following categories are prescribed for the purposes of sections 61B(4)(b), 131(7)(b), 204B(4)(b) and 212(8)(b) of the Act— (a) category 1—Grazing and Agriculture; (b) category 2—Closer-in Farming; (c) category 3—Residential and Rural Residential; (d) category 4—Commercial and Industrial; (e) category 5—Industrial (DBIRD); (f) category 6—Nonprofit Organisations;

4 Land Amendment (No. 1) No. 243, 1993 (g) category 7—Communications Sites; (h) category 8—Public Utilities; (i) category 9.1—Tourism (Mainland); (j) category 9.2—Tourism (Island); (k) category 10.1—Sporting and Recreation (Gaming—Gaming Machine Act); (l) category 10.2—Sporting and Recreation (Liquor—Liquor Control Act, but not Gaming); (m) category 10.3—Sporting and Recreation (Non-Gaming, Non-Liquor). ‘(2) Sections 11, 12, 12A, 12B and 12D apply subject to sections 12C, 12E and 12F. ˙ ‘Category 1 leases ‘11.(1) A lease is a category 1 lease if its primary use may be, and is, grazing or broadhectare agriculture. ‘(2) A lease for grazing purposes over a State Forest or a reserve is a category 1 lease. ˙ ‘Category 2 leases ‘12.(1) A lease that is not a category 1 lease or a category 3 lease but that may be used, and is used, for intensive farming or primary production is a category 2 lease. ‘(2) In subsection (1)— “farming” has the meaning given by section 10 of the Valuation of LandAct 1944 . ˙ ‘Category 3 leases ‘12A.(1) A lease that may be used, and is used, solely for residential purposes is a category 3 lease. ‘(2) A lease that would otherwise be a category 1 lease or a category 2

5 Land Amendment (No. 1) No. 243, 1993 lease is a category 3 lease if— (a) it is located close to a city, township or closer settled area; and (b) a dwelling house is, or under the lease, could be, erected on it; and (c) its market value would be based on its value as land able to be used for residential purposes. ‘(3) A special lease for grazing purposes is a category 3 lease if— (a) a dwelling house is, or under the lease could be, erected on the land; and (b) the lease is not otherwise a category 1 lease. ˙ ‘Category 5 leases ‘12B. A lease that is located at a place ordinarily known as a DBIRD industrial estate is a category 5 lease. ˙ ‘Category 6 leases ‘12C. A lease is a category 6 lease if and only if it is held by an organisation mentioned in section 204B(16)(b) or 212(15)(b) of the Act. ˙ ‘Category 8 leases ‘12D. A lease is a category 8 lease only if it provides benefit to the community or the public free of charge or at nominal cost. ˙ ‘Category 9.1, 9.2 leases ‘12E. A lease is a category 9.1 or category 9.2 lease if and only if it is a lease for the purposes of a major tourist facility or a major resort development or is a lease ancillary to either of those purposes. ˙ ‘Category 10.1, 10.2, 10.3 leases ‘12F. A lease that is not a category 6 lease is a category 10.1, 10.2 or 10.3 lease if and only if the lessee is a sporting or recreational organisation within the meaning of section 204B(16)(c) or 212(15)(c) of the Act.

6 Land Amendment (No. 1) No. 243, 1993 ˙ ‘Determination of rentals of certain leases ‘12G.(1) The following rates are prescribed for the purposes of sections 61B(1), 131(4), 204B(1) and 212(5) of the Act— (a) if the lease is a category 1, 4, 5, 6, 9.1 or 9.2 lease that— (i) started before 1 July 1993—the prescribed rate set opposite the actual rate in Schedule 1 for the particular category of lease; or (ii) starts on or after 1 July 1993— the highest of the prescribed rates set out in Schedule 1 for the particular category of lease; (b) if the lease is a category 2 or 3 lease—3%; (c) if the lease is a category 7 lease—6%; (d) if the lease is a category 8 lease—1%; (e) if the lease is a category 10.1 lease— (i) on and from 1 July 1993—3%; (ii) on and from 1 July 1994—4%; (iii) on and from 1 July 1995—5%; (f) if the lease is a category 10.2 lease—3%; (g) if the lease is a category 10.3 lease—1%. ‘(2) In subsection (1)— “actual rate” means the percentage obtained by using the formula— R x 100 ; V in which— “R” is the rental of the lease on 30 June 1993; “V” is the valuation for rental purposes of the lease on 1 July 1993. ˙ ‘Prescribed day from which prescribed rate applies ‘12H. For the purposes of sections 61B(5), 131(8), 204B(5) and 212(9) of the Act, the prescribed day is 1 July 1993. ’.

7 Land Amendment (No. 1) No. 243, 1993 ˙ Amendment of s.48 (Minimum rent) 5. Section 48(2)— omit, insert— ‘(2) For the purposes of section 204B(6) of the Act, the prescribed amount is— (a) in the case of a category 7 lease that— (i) permits the commercial use of a digital radio concentrator or VHF, UHF (narrow band) or HF aerials and masts—$500; or (ii) permits the commercial use of UHF (broadband), a microwave relay station, a satellite communication earth station or a cable regeneration facility—$1 000; or (iii) permits emergency or essential services use of a facility mentioned in subparagraph (i) or (ii)—$100; or (b) in the case of a lease not mentioned in paragraph (a)—$50. ’. ˙ Insertion of new ss.52–55 and Schedule 1 6. After section 51— insert— ˙ ‘Rent—when payable ‘52.(1) This section applies in relation to the following leases— (a) special leases; (b) pastoral leases; (c) grazing homestead perpetual leases; (d) perpetual town leases (non-competitive lease); (e) perpetual suburban leases (non-competitive lease); (f) perpetual country leases (non-competitive lease). ‘(2) For the purposes of section 247(2)(b) of the Act, the prescribed time is on or before 1 September in the year— (a) starting on 1 July and ending on 30 June; and

8 Land Amendment (No. 1) No. 243, 1993 (b) in respect of which rent is payable. ˙ ‘Instalments—when payable ‘53.(1) This section applies in relation to the following leases— (a) agricultural farms to which section 123(4) of the Act applies; (b) grazing homestead freeholding leases to which section 144A(6) of the Act applies; (c) perpetual town leases (non-competitive lease) to which section 194(6) of the Act applies; (d) perpetual suburban leases (non-competitive lease) to which section 194(6) of the Act applies; (e) perpetual country leases (non-competitive lease) to which section 194(6) of the Act applies. ‘(2) For the purposes of section 247(2)(b) of the Act, the prescribed time for the period is on or before the anniversary of the day on which the lease commenced. ‘(3) In this section— “period” means the period of 1 year— (a) that ends on the day before the anniversary of the day on which the lease commenced; and (b) in respect of which the instalment is payable. ‘PART 6—TRANSITIONAL PROVISIONS ˙ ‘Special leases and grazing homestead perpetual leases ‘54. The lessee of a special lease or a grazing homestead perpetual lease, who has paid rent for the period 1 July 1993 to 31 December 1993, is to receive a credit for the payment made, against the rent payable on or before 1 September 1993 for the period 1 July 1993 to 30 June 1994.

9 Land Amendment (No. 1) No. 243, 1993 ˙ ‘Perpetual town, suburban or country leases (non-competitive) ‘55. The lessee of a lease to which section 212 of the Act applies, who has paid rent for the whole or a part of the period 1 July 1993 to 30 June 1994, is to receive credit for the payment made, against the rent payable on or before 1 September 1993 for the period 1 July 1993 to 30 June 1994. ‘SCHEDULE 1 ‘PRESCRIBED RATES APPLYING TO CERTAIN CATEGORIES OF LEASES section 12G CATEGORY 1—GRAZING AND AGRICULTURE Actual rate ≤ 1.1% > 1.1% but ≤ 1.2% > 1.2% but ≤ 1.3% > 1.3% but ≤ 1.4% > 1.4% but ≤ 1.5% > 1.5% but ≤ 1.6% > 1.6% but ≤ 1.7% > 1.7% but ≤ 1.8% > 1.8% but ≤ 1.9% > 1.9% but ≤ 2.0% > 2.0% Prescribed rate 1.1% 1.2% 1.3% 1.4% 1.5% 1.6% 1.7% 1.8% 1.9% 2.0% 2.0%

10 Land Amendment (No. 1) No. 243, 1993 CATEGORY 4—COMMERCIAL AND INDUSTRIAL, AND CATEGORY 5—INDUSTRIAL (DBIRD) Actual rate ≤ 4.0% > 4.0% but ≤ 4.1% > 4.1% but ≤ 4.2% > 4.2% but ≤ 4.3% > 4.3% but ≤ 4.4% > 4.4% but ≤ 4.5% > 4.5% but ≤ 4.6% > 4.6% but ≤ 4.7% > 4.7% but ≤ 4.8% > 4.8% but ≤ 4.9% > 4.9% but ≤ 5.0% > 5.0% but ≤ 5.1% > 5.1% but ≤ 5.2% > 5.2% but ≤ 5.3% > 5.3% but ≤ 5.4% > 5.4% but ≤ 5.5% > 5.5% but ≤ 5.6% > 5.6% but ≤ 5.7% > 5.7% but ≤ 5.8% > 5.8% but ≤ 5.9% > 5.9% but ≤ 6.0% > 6.0% Prescribed rate 4.0% 4.1% 4.2% 4.3% 4.4% 4.5% 4.6% 4.7% 4.8% 4.9% 5.0% 5.1% 5.2% 5.3% 5.4% 5.5% 5.6% 5.7% 5.8% 5.9% 6.0% 6.0%

11 Land Amendment (No. 1) No. 243, 1993 CATEGORY 6— NONPROFIT ORGANISATIONS Actual rate ≤ 0.5% > 0.5% but ≤ 0.6% > 0.6% but ≤ 0.7% > 0.7% but ≤ 0.8% > 0.8% but ≤ 0.9% > 0.9% but ≤ 1.0% > 1.0% but ≤ 1.1% > 1.1% but ≤ 1.2% > 1.2% but ≤ 1.3% > 1.3% but ≤ 1.4% > 1.4% but ≤ 1.5% > 1.5% Prescribed rate 0.5% 0.6% 0.7% 0.8% 0.9% 1.0% 1.1% 1.2% 1.3% 1.4% 1.5% 1.5% CATEGORY 9.1—TOURISM (MAINLAND) Actual rate ≤ 4.0% > 4.0% but ≤ 4.1% > 4.1% but ≤ 4.2% > 4.2% but ≤ 4.3% > 4.3% but ≤ 4.4% > 4.4% but ≤ 4.5% > 4.5% but ≤ 4.6% > 4.6% but ≤ 4.7% Prescribed rate 4.0% 4.1% 4.2% 4.3% 4.4% 4.5% 4.6% 4.7%

12 Land Amendment (No. 1) > 4.7% but ≤ 4.8% > 4.8% but ≤ 4.9% > 4.9% but ≤ 5.0% > 5.0% No. 243, 1993 4.8% 4.9% 5.0% 5.0% CATEGORY 9.2—TOURISM (ISLAND) Actual rate ≤ 3.0% > 3.0% but ≤ 3.1% > 3.1% but ≤ 3.2% > 3.2% but ≤ 3.3% > 3.3% but ≤ 3.4% > 3.4% but ≤ 3.5% > 3.5% but ≤ 3.6% > 3.6% but ≤ 3.7% > 3.7% but ≤ 3.8% > 3.8% but ≤ 3.9% > 3.9% but ≤ 4.0% > 4.0% but ≤ 4.1% > 4.1% but ≤ 4.2% > 4.2% but ≤ 4.3% > 4.3% but ≤ 4.4% > 4.4% but ≤ 4.5% > 4.5% but ≤ 4.6% > 4.6% but ≤ 4.7% > 4.7% but ≤ 4.8% Prescribed rate 3.0% 3.1% 3.2% 3.3% 3.4% 3.5% 3.6% 3.7% 3.8% 3.9% 4.0% 4.1% 4.2% 4.3% 4.4% 4.5% 4.6% 4.7% 4.8%

13 Land Amendment (No. 1) > 4.8% but ≤ 4.9% > 4.9% but ≤ 5.0% > 5.0% No. 243, 1993 4.9% 5.0% 5.0% ’. ENDNOTES 1. Made by the Governor in Council on 24 June 1993. 2. Notified in the Gazette on 25 June 1993. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Lands. The State of Queensland 1993