Natural Resources and Other Legislation Amendment Act 2019 (Qld)

The Parliament of Queensland enacts—

Chapter 1    Preliminary

1   Short title

This Act may be cited as the Natural Resources and Other Legislation Amendment Act 2019.

2   Commencement

Chapters 3 and 5 commence on a day to be fixed by proclamation.

Chapter 2    Amendments of land legislation commencing on assent

Part 1    Amendment of Aboriginal and Torres Strait Islander Land Holding Act 2013

3   Act amended

This part amends the Aboriginal and Torres Strait Islander Land Holding Act 2013.

4   Amendment of s 35 (Minister may grant lease)

Section 35(1)(b)(ii)—
omit, insert—

(ii)if the holder is deceased, an interested person in the estate of the deceased holder; and

5   Insertion of new pt 8, div 3

Part 8—
insert—

Division 3 Vesting of particular leases

69A   Vesting of particular leases

(1)This section applies in relation to a 1985 Act granted lease or a new Act granted lease if—

(a)the holder of the lease has died intestate; and

(b)there is no personal representative of the deceased holder; and

(c)there is no grant of representation, and no application has been made for a grant of representation, for the deceased holder; and

(d)a person (the entitled successor) is identified in a JLOMA section 60 certificate as being entitled to succeed to either—

(i)the whole estate of the deceased holder; or

(ii)a part of the estate of the deceased holder that includes, or consists of, the deceased holder’s interest in the lease (the relevant interest); and

(e)the entitled successor, or an agent of the entitled successor, gives the registrar a notice (a vesting notice), in a way required by the registrar, asking the registrar to record in the appropriate register the vesting of the relevant interest in the entitled successor in accordance with the JLOMA section 60 certificate.

(2)The registrar must, on receiving the vesting notice, record in the appropriate register the vesting of the relevant interest in the entitled successor.

(3)Despite any other law, the relevant interest vests in the entitled successor, in accordance with the JLOMA section 60 certificate, when the vesting of the interest is recorded under subsection (2).

(4)Despite the Land Act 1994 and the Land Title Act 1994, no fee is payable in relation to, or to give effect to, the recording of the vesting of the relevant interest.

(5)In this section—

holder, of a new Act granted lease, includes a person to whom a new Act granted lease is granted after the person’s death.

Note—

See section 35(1)(b)(i).

69B   Expiry of division

This division expires on 30 June 2022.

6   Amendment of s 91 (Review of Act)

Section 91(1), ‘5’—
omit, insert—

10

7   Amendment of pt 11, hdg (Repeal and transitional provisions)

Part 11, heading, after ‘transitional provisions’—
insert—

for Act No. 2 of 2013

8   Insertion of new pt 12

After part 11—
insert—

Part 12    Transitional provision for Natural Resources and Other Legislation Amendment Act 2019

96    Application of former s 69A to particular leases

(1)This section applies on and from 1 July 2022 in relation to a 1985 Act granted lease or a new Act granted lease if—

(a)before the expiry of former part 8, division 3, the holder of the lease died intestate; and

(b)the circumstances mentioned in former section 69A(1)(b) to (e) apply in relation to the deceased holder or the entitled successor; and

(c)before the expiry of former part 8, division 3, the vesting of the relevant interest in the entitled successor had not been recorded under former section 69A(2).

(2)For subsection (1)(b), it does not matter whether the JLOMA section 60 certificate under which the vesting of the relevant interest is sought was signed by the chief executive before or after the expiry of former part 8, division 3.

(3)Former section 69A(2) to (4) continues to apply in relation to the vesting of the relevant interest as if the section had not expired.

(4)In this section—

entitled successor has the meaning given under former section 69A(1)(d).

former, in relation to a provision of this Act, means as in force immediately before the expiry of the provision.

holder, of a new Act granted lease, includes a person to whom a new Act granted lease is granted after the person’s death.

Note—

See section 35(1)(b)(i).

relevant interest has the meaning given under former section 69A(1)(d)(ii).

Part 2    Amendment of Aboriginal Land Act 1991

9   Act amended

This part amends the Aboriginal Land Act 1991.

10   Amendment of s 10 (Lands that are transferable lands)

(1)Section 10(1)—
insert—

(c)available State land the Minister declares to be transferable land;

(2)Section 10(1)(e)—
omit.

11   Amendment of s 12 (Aboriginal reserve land)

Section 12(1), ‘the land is declared by regulation’—
omit, insert—

the Minister declares the land

12   Amendment of s 15 (Definition for div 4)

Section 15, definition relevant land, paragraph (b), ‘under a regulation’—
omit, insert—

by the Minister

13   Amendment of s 27 (Tidal land)

Section 27(1)—
omit, insert—

(1)Available State land includes tidal land only if the Minister declares the particular tidal land to be available State land.

14   Amendment of s 28 (Meaning of city or town land)

Section 28(2) and (3)—
omit, insert—

(2)The Minister may declare a change to the boundaries of a city or town.

(3)A declaration under subsection (2) has effect only for this Act.

15   Amendment of s 42 (Minister to act as soon as possible)

Section 42(2), ‘10(1)(e)’—
omit, insert—

10(1)(c)

16   Amendment of s 55 (Reservations of forest products and quarry material etc.)

(1)Section 55(1), ‘it is declared by regulation’—
omit, insert—

the Minister declares

(2)Section 55(2), ‘a regulation’—
omit, insert—

the Minister

(3)Section 55(3), ‘a regulation is made’—
omit, insert—

the Minister makes a declaration

17   Amendment of s 82 (Reservations of forest products and quarry material etc.)

(1)Section 82(1), ‘it is declared by regulation’—
omit, insert—

the Minister declares

(2)Section 82(4), ‘a regulation’—
omit, insert—

the Minister

(3)Section 82(5), ‘a regulation is made’—
omit, insert—

the Minister makes a declaration

18   Insertion of new s 249A

After section 249—
insert—

249A    Name of land trust

The name of a land trust must include the words ‘Land Trust’ as the last 2 words.

19   Amendment of s 258 (Particular information to be recorded in register)

Section 258(2), ‘prescribed under a regulation’—
omit, insert—

declared by the Minister

20   Insertion of new s 289

After section 288—
insert—

289   Register of particular declarations

(1)The chief executive must keep a register of declarations made by the Minister under the following sections—

(a)section 10(1)(c);

(b)section 12(1);

(c)section 27(1);

(d)section 28(2);

(e)section 55(1) or (2);

(f)section 82(1) or (4);

(g)section 258(2).

(2)The register may be kept in a way the chief executive considers appropriate, including, for example, in electronic form.

(3)The chief executive must make the information contained in the register publicly available on the department’s website free of charge.

21   Insertion of new ss 298 and 298A

After section 297—
insert—

298   Former Aurukun Shire lease land continues to be transferable land

(1)This section applies to former Aurukun Shire lease land that, immediately before the commencement of the amending Act, schedule 1, part 2, had not been transferred.

(2)Despite the repeal of previous section 10(1)(c), the land continues to be, and from the commencement of the amending Act, schedule 1, part 2, continued to be, transferable land subject to section 10(2) or (3).

(3)In this section—

amending Act means the Aboriginal and Torres Strait Islander Land (Providing Freehold) and Other Legislation Amendment Act 2014.

former Aurukun Shire lease land means land that was, immediately before the commencement of the amending Act, schedule 1, part 2, Aurukun Shire lease land under previous section 13.

previous, in relation to a provision, means as in force immediately before the commencement of the amending Act, schedule 1, part 2.

298A    Validation of creation of particular interests in transferable land

(1)This section applies to the creation of an interest in transferable land mentioned in section 298(2) if—

(a)the interest was created before the commencement; and

(b)the Minister’s consent to the creation of the interest was not requested under section 282(1)(e).

(2)It is declared that the creation of the interest is taken to be, and to have always been, as valid as it would have been if the Minister had consented to the creation of the interest under section 282(1)(e).

22   Insertion of new pt 25, div 6

Part 25—
insert—

Division 6 Transitional provision for Natural Resources and Other Legislation Amendment Act 2019

310    Particular things taken to have been declared by Minister

(1)This section applies if—

(a)immediately before the commencement, a provision of this Act (the former provision) required or permitted a matter to be declared by regulation; and

(b)on the commencement, a provision of this Act (the current provision) requires or permits the matter to be declared by the Minister.

(2)A declaration of the matter by regulation under the former provision that is in effect immediately before the commencement is, on the commencement, taken to be a declaration of the matter by the Minister under the current provision.

Part 3    Amendment of Aboriginal Land Regulation 2011

23   Regulation amended

This part amends the Aboriginal Land Regulation 2011.

24   Amendment of s 3 (Definitions)

Section 3, ‘schedule 5’—
omit, insert—

schedule 3

25   Omission of pt 6 (Declarations)

Part 6—
omit.

26   Renumbering of pt 6A (Protected areas in Cape York Peninsula Region)

Part 6A—
renumber as part 6.

27   Amendment of s 48A (Prescribed protected areas—Act, s 173)

Section 48A, ‘schedule 4A’—
omit, insert—

schedule 1

28   Insertion of new s 48AA

Before section 49—
insert—

48AA    Available State land that is claimable land—Act, s 23

For section 23(1)(a) of the Act, the available State land described in schedule 2 is declared to be claimable land.

29   Amendment of s 49 (References to plans)

Section 49, ‘to 4A’—
omit, insert—

and 2

30   Omission of s 50A (Change to boundaries of particular city—Act, s 28)

Section 50A—
omit.

31   Omission of schs 1 and 2

Schedules 1 and 2—
omit.

32   Amendment of sch 3 (Available State land that is claimable land)

Schedule 3, authorising provision, ‘section 47’—
omit, insert—

section 48AA

33   Omission of sch 4 (Aboriginal reserve land)

Schedule 4—
omit.

34   Relocation and renumbering of sch 4A (Prescribed protected areas)

Schedule 4A—
relocate and renumber as schedule 1.

35   Renumbering of schs 3 and 5

Schedules 3 and 5—
renumber as schedules 2 and 3.

Part 4    Amendment of Foreign Ownership of Land Register Act 1988

36   Act amended

This part amends the Foreign Ownership of Land Register Act 1988.

37   Omission of s 16 (Annual report)

Section 16—
omit.

Part 5    Amendment of Land Act 1994

38   Act amended

This part amends the Land Act 1994.

Note—

See also the amendments in chapter 3, part 1.

39   Amendment of s 16 (Deciding appropriate tenure)

(1)Section 16(2) to (4)—
omit, insert—

(2)When conducting the evaluation, the chief executive must—

(a)take account of State, regional and local planning strategies and policies and the object of this Act; and

(b)take account of commitments of, and undertakings given by, the State in relation to the land; and

(c)to the extent the land is in a priority development area—take account of, and give primary consideration to, any relevant development instrument under the Economic Development Act 2012 that applies to the land; and

(d)to the extent the land is Cape York agreement land—take account of commitments and undertakings given by a person under, or arising from, a Cape York agreement that have effect in relation to tenure.

(3)The chief executive may comply with subsection (1) by using, as the evaluation, an earlier assessment of the most appropriate tenure and use for the land if—

(a)the assessment was conducted by or for the State; and

(b)the chief executive is satisfied the assessment takes account of the matters mentioned in subsection (2).

(2)Section 16(5) and (6)—
renumber as section 16(4) and (5).

40   Amendment of s 100 (Public notice of closure)

Section 100(5), definitions appropriate enquiries and appropriate public notice—
omit, insert—

appropriate enquiries, in relation to a road closure application, includes giving notice of the proposed road closure to each registered owner and lessee of the following land—

(a)for a road closure application to close an entire road—land that wholly or partly adjoins the road;

(b)for a road closure application to close only part of a road—

(i)land that wholly or partly adjoins the part; and

(ii)land that adjoins land mentioned in subparagraph (i) and the road;

(c)land, other than land mentioned in paragraph (a) or (b), that has a dedicated access that may be affected by the proposed road closure.

appropriate public notice, of a road closure application, includes—

(a)placing and keeping a notice in a conspicuous place on or near—

(i)for a road closure application to close an entire road—the road; or

(ii)for a road closure application to close only part of a road—the part; or

(b)another method of notifying the public the Minister reasonably considers appropriate.

41   Replacement of ch 6, pt 4, div 3A (Mediation for disputes about terms of particular subleases)

Chapter 6, part 4, division 3A—
omit, insert—

Division 3A Process for resolving disputes under particular subleases

Subdivision 1 Preliminary

339A    Definitions for division

In this division—

dispute notice see section 339F(1).

notifier see section 339F(1).

prescribed dispute resolution entity means an entity, prescribed by regulation, that nominates mediators or arbitrators.

related subleases means subleases of the same lease.

related sublessee means a sublessee under a related sublease.

responder see section 339F(1).

response see section 339G(1).

339B    Application of division

(1)This division applies in relation to a sublease, other than a sublease of trust land or transport land, if—

(a)there is a dispute between any or all of the parties to the sublease about—

(i)its terms, including, for example, any amount payable under it; or

(ii)conduct of a party that affects, or may affect, another party’s rights or obligations under the sublease; and

(b) no other Act establishes a dispute resolution process that specifically deals with disputes of that type; and

(c) the sublease does not include a dispute resolution process that is capable of being used to resolve the dispute.

(2)However, this division does not apply in relation to a dispute if the dispute—

(a)is the subject of a current proceeding between the parties to the dispute or a current dispute resolution process under this division; or

(b)was the subject of a proceeding that finally decided the dispute; or

(c)was the subject of a dispute resolution process under this division that resulted in—

(i)the parties to the dispute entering into a binding and enforceable agreement resolving the dispute; or

(ii)an award being issued under section 339Q.

339C    Related disputes may be resolved together

(1)This section applies if—

(a)for 2 or more related subleases, there are disputes (related disputes) to which this division applies; and

(b)each related dispute is about—

(i)an identical, or substantially similar, term in each related sublease; or

(ii)identical, or substantially similar, conduct of the sublessor in relation to each related sublease; and

(c)each related sublessee has complied with subdivision 2 to the extent that subdivision applies to the related sublessee.

(2)The related disputes must be resolved under subdivision 3 or 4 in the same dispute resolution process, by the same mediator or arbitrator, if—

(a)the related sublessees agree to the disputes being resolved in that way; and

(b)the mediator or arbitrator agrees to resolve the disputes in that way.

(3)If subsection (2) applies, a reference to a party to the dispute in section 339D, or subdivision 3 or 4, includes a reference to each related sublessee.

339D    Admissibility of evidence

(1)This section applies to—

(a)evidence of anything done or said, or an admission made, by a party for the purpose of a dispute resolution process under this division; or

(b)a document prepared for the purpose of a dispute resolution process under this division.

(2)The evidence or document is admissible at the trial of a civil proceeding only if all parties to the dispute resolution process agree to the admission of the evidence or document.

(3)In this section—

civil proceeding does not include a proceeding under this Act about a lessee’s contravention of this Act under section 339K(5).

339E    Liability of prescribed dispute resolution entity

A prescribed dispute resolution entity does not incur civil liability for an act or omission in the performance, or purported performance, of a function under section 339I(3) or 339O(3) unless the act or omission is done or made in bad faith or through negligence.

Subdivision 2 Notice of dispute

339F    Notice of dispute

(1)A party to the sublease (the notifier) may give another party to the sublease (the responder) written notice of the dispute (a dispute notice).

(2)The dispute notice must state the following matters—

(a)the parties to the dispute;

(b)a summary of the dispute, including the following matters—

(i)the terms of the sublease the notifier considers relevant to the dispute;

(ii)details of the conduct of a party the notifier considers relevant to the dispute;

(iii)any other information the notifier considers relevant for resolving the dispute;

(c)that the responder must, within 20 days of receiving the notice, give the notifier a written response to the notice;

(d)any other information prescribed by regulation.

(3)The notifier may, in the dispute notice, ask the responder to give the notifier information the notifier reasonably requires for resolving the dispute.

339G    Response to dispute notice

(1)The responder must give the notifier a written response to the dispute notice (a response) within 20 days of receiving the notice.

(2)The response must state—

(a)the responder’s response to the summary of the dispute in the dispute notice, including the following matters—

(i)any information the responder agrees or disagrees with;

(ii)the terms of the sublease the responder considers relevant to the dispute;

(iii)details of the conduct of a party the responder considers relevant to the dispute;

(iv)any other information the responder considers relevant for resolving the dispute; and

(b)any other information prescribed by regulation.

(3)If the dispute notice includes a request under section 339F(3), the responder must comply with the request in the response unless the responder has a reasonable excuse.

(4)The responder may, in the response, ask the notifier to give the responder further information the responder reasonably requires for resolving the dispute.

(5)The notifier must comply with a request under subsection (4) within 20 days of receiving the response unless the notifier has a reasonable excuse.

339H    Requirement for mediation before arbitration

(1)This section applies if—

(a)the responder does not comply with section 339G(1), (2) or (3); or

(b)the notifier does not comply with section 339G(5); or

(c)the parties to the dispute comply with section 339G, to the extent that section applies to each party, and the dispute remains unresolved.

(2)Unless the parties to the dispute agree otherwise, the parties must attempt to resolve the dispute by mediation before submitting the dispute to arbitration.

Subdivision 3 Mediation

339I    Appointment of mediator

(1)The parties to the dispute may jointly appoint a mediator to mediate the dispute.

(2)A party to the dispute may request a prescribed dispute resolution entity to appoint a mediator if—

(a)another party to the dispute does not comply with section 339G to the extent that section applies to the other party; or

(b)the parties are otherwise unable to agree to the joint appointment of a mediator.

(3)If a request is made to a prescribed dispute resolution entity under subsection (2), the prescribed dispute resolution entity must appoint an appropriately qualified mediator to mediate the dispute.

339J    Time for mediation

(1)The parties to the dispute may agree to a time for the mediation.

(2)A party to the dispute may request the mediator to set a time for the mediation if—

(a)another party to the dispute does not comply with section 339G to the extent that section applies to the other party; or

(b)the parties are otherwise unable to agree to a time.

(3)If a request is made to the mediator under subsection (2), the mediator must set a time for the mediation after consulting with each party to the dispute.

339K    Conduct of mediation

(1)The mediation must be conducted—

(a)by the mediator appointed under section 339I; and

(b)at a time agreed to or set under section 339J; and

(c)in the way decided by the mediator and the parties to the dispute.

(2)Despite subsection (1)(b), the mediator may decide to conduct the mediation at a later time, or adjourn the mediation, if—

(a)the parties to the dispute agree; or

(b)the mediator considers it reasonably necessary.

(3)The parties to the dispute must participate in the mediation in good faith to attempt to resolve the dispute.

Examples of participating in the mediation in good faith—

•attending meetings the parties have agreed to attend

•doing all things necessary for the proper and expeditious conduct of the mediation

•complying without undue delay with mediation procedures agreed to by the mediator and the parties

•disclosing without undue delay relevant information as appropriate for the mediation

•ensuring a party’s agent at a mediation is authorised to reach agreement for the party

(4)A party to the dispute may be represented by an agent appointed by the party.

(5)If a lessee who is a party to the dispute, in relation to a sublease of the lessee’s lease, contravenes subsection (3), the lessee is taken to have contravened a provision of this Act in relation to the lease.

(6)For a proceeding under this Act about a lessee’s contravention of this Act under subsection (5), evidence about the lessee’s participation in a mediation may include evidence about the steps taken by the lessee to prepare for the mediation.

339L    Costs of mediation

(1)The parties to the dispute must pay the mediator the costs of the mediation in equal shares.

(2)If section 339C(2) applies to the dispute, all related sublessees must be treated as a single party to the dispute for subsection (1).

(3)This section does not apply if the parties to the dispute and the mediator agree on how the costs of the mediation will be paid.

339M    When mediation ends

The mediation ends if—

(a)the parties to the dispute enter into a binding and enforceable agreement resolving the dispute; or

(b)an arbitral proceeding in respect of the dispute starts under subdivision 4; or

(c)a party to the dispute starts any other proceeding in relation to the dispute; or

(d)the mediator and the parties to the dispute agree to end the mediation; or

(e)the mediator decides continuing the mediation has, for any other reason, become unnecessary or impossible.

Subdivision 4 Arbitration

339N    Application of Commercial Arbitration Act 2013

The Commercial Arbitration Act 2013 applies to an arbitration under this subdivision to the extent that Act is not inconsistent with this subdivision.

339O    Appointment of arbitrator

(1)The parties to the dispute may jointly appoint a single arbitrator to decide the dispute.

(2)If the parties to the dispute agree to submit the dispute to arbitration, but are unable to agree on the joint appointment of an arbitrator, a party to the dispute may request a prescribed dispute resolution entity to appoint a single arbitrator to decide the dispute.

(3)If a request is made to a prescribed dispute resolution entity under subsection (2), the prescribed dispute resolution entity must appoint an appropriately qualified arbitrator to decide the dispute.

339P    Commencement of arbitral proceedings

Arbitral proceedings in respect of the dispute commence on—

(a)the day an arbitrator is appointed to decide the dispute; or

(b)a later day agreed by the parties to the dispute.

339Q    Arbitrator’s functions

(1)The arbitrator has authority to decide the dispute by issuing an award.

(2)The award must not be inconsistent with a term of the lease under which the sublease is granted.

(3)The award must be issued—

(a)within 6 months after the appointment of the arbitrator; or

(b)if the arbitrator decides—within 9 months after the appointment of the arbitrator; or

(c)if the parties to the dispute agree to extend the period mentioned in paragraph (a) or (b)—before the expiry of the extended period.

(4)A regulation may prescribe matters the arbitrator must consider in deciding the dispute.

(5)A regulation made under subsection (4) does not limit the matters the arbitrator may consider.

339R    Experts appointed by arbitrator

(1)The arbitrator may—

(a)appoint a qualified person (an appointed expert) to report to the arbitrator on specific issues decided by the arbitrator; and

(b)require a party to the dispute to give the appointed expert any relevant information or to produce, or provide access to, any relevant documents or other property for the appointed expert’s inspection.

(2)If a party to the dispute requests, or if the arbitrator considers it necessary, the appointed expert must, after delivering the appointed expert’s written or oral report, participate in a hearing at which the parties to the dispute have the opportunity to put questions to the appointed expert and present persons with relevant expertise to give evidence on the points at issue.

(3)In this section—

qualified person, for reporting on a specific issue, means a person with—

(a)qualifications, competencies and experience relevant to the specific issue; or

(b)demonstrated knowledge of particular fields of knowledge relevant to the specific issue.

339S    Law applicable to arbitration

The arbitrator must decide the dispute in accordance with the law of Queensland and relevant Commonwealth law.

339T    Effect of arbitrator’s decision and limitation of review

(1)This section applies to a decision of the arbitrator on a matter in dispute between the parties to the dispute.

(2)The decision has the same effect as if the parties to the dispute had entered into a binding and enforceable agreement to the same effect as the decision.

(3)Subject to subsections (4) to (5), the decision—

(a)is final and conclusive; and

(b)can not be challenged, appealed against, reviewed, quashed, set aside or called in question in any other way, under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and

(c)is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.

(4)The Judicial Review Act 1991, part 5 applies to the decision to the extent it is affected by jurisdictional error.

(4A)Also, the Supreme Court may, on the application of a party to the dispute, set aside the decision if—

(a)the decision was induced or affected by the improper behaviour of a party to the dispute; or

Examples of improper behaviour—

fraud, duress, undue influence

(b)at any time during the arbitral proceeding, the party was a person with impaired capacity for a matter within the meaning of the Guardianship and Administration Act 2000; or

(c)a breach of the rules of natural justice happened in relation to the making of the decision.

(5)The decision does not limit or otherwise affect a power of the chief executive under division 3.

(6)In this section—

decision includes a decision, or conduct, leading up to or forming part of the process of making a decision.

339U    Costs of arbitration

(1)The parties must pay the costs of the arbitration in equal shares.

(2)If section 339C(2) applies to the dispute, all related sublessees must be treated as a single party to the dispute for subsection (1).

(3)Subsections (1) and (2) do not apply if—

(a)the parties to the dispute agree on how the costs of the arbitration will be paid; or

(b)the arbitrator decides how the costs of the arbitration will be paid.

(4)Without limiting subsection (3)(b), the arbitrator, when making a decision about the costs of the arbitration, must take into account any matters prescribed by regulation.

42   Amendment of s 375 (Document of transfer to trustee)

Section 375(1)(b)—
omit, insert—

(b)either of the following is deposited with the transfer—

(i)a document, in the form required by the chief executive, stating details of the trust;

(ii)a certified copy of a document creating the trust.

42A   Amendment of section 390C (Definitions for chapter)

Section 390C, definitions occupier and of—
omit.

43   Amendment of s 393 (Delegation by chief executive)

Section 393(4A)—
omit.

44   Amendment of s 394 (Committees)

Section 394(1), ‘must’—
omit, insert—

may

45   Insertion of new ch 7, pt 3C

Chapter 7—
insert—

Part 3C    Access to State land

Division 1 Preliminary

431ZA    Definitions for part

In this part—

adjacent land, in relation to relevant land, means land that is adjacent to the relevant land, whether or not the land adjoins the relevant land.

authorised activity means an activity lawfully carried out on relevant land—

(a)for the management or care of the land; or

(b)to otherwise ensure compliance with this Act or another Act or law.

interested person see section 431ZG(1)(b).

relevant land means land managed or cared for by the chief executive for the State, including, for example, the following land—

(a)freehold land of which the State is the registered owner;

(b)lease land of which the State is the registered lessee;

(c)licence land or permit land for which the State has occupation or management rights under a licence or permit;

(d)unallocated State land;

(e)a reserve of which the State is the trustee or of which there is no trustee;

(f)land that is the property of the State under this Act or another Act.

relevant person, in relation to relevant land, means—

(a)an authorised person; or

(b)a person authorised by the chief executive under section 431ZB(1) to carry out an authorised activity on the land; or

(c)a person engaged by the State under a contract or other arrangement to carry out an authorised activity on the land.

Division 2 Entry to adjacent land

431ZB    Authorisation of persons to carry out authorised activities

(1)The chief executive may authorise a person to carry out an authorised activity on relevant land.

(2)An authorisation under subsection (1) must be in writing and state the period for which the person is authorised to carry out the authorised activity.

431ZC    Notice of entry

(1)A relevant person who intends to enter adjacent land under this part must give the occupier of the land written notice of the entry.

(2)The written notice must state the following matters—

(a)the relevant person is permitted, under this Act, to enter the adjacent land without consent or a warrant to carry out authorised activities on relevant land;

(b)the period during which the entry will be made;

(c)the authorised activities that will be carried out on the relevant land;

(d)the period during which the authorised activities mentioned in paragraph (c) will be carried out;

(e)the number of persons and things the relevant person intends to take into or over the adjacent land to carry out the authorised activities mentioned in paragraph (c).

(3)However, before the relevant person gives the written notice under subsection (1), the relevant person must make a reasonable attempt to contact the occupier of the adjacent land and obtain the occupier’s consent to the entry.

431ZD    Entering adjacent land for authorised activities

(1)A relevant person may, without consent or a warrant, enter adjacent land if—

(a)the entry is for the purpose of carrying out an authorised activity on relevant land; and

(b)the relevant person has no other reasonably practicable way of entering the relevant land without entering the adjacent land; and

(c)the relevant person has given written notice (the notice) of the entry under section 431ZC; and

(d)the entry—

(i)happens during the period stated in the notice but after the notice period has ended; and

(ii)is for the purpose of carrying out an authorised activity stated in the notice.

(2)The relevant person may, when entering the adjacent land, take into or over the adjacent land any person or thing the relevant person reasonably requires for carrying out an authorised activity stated in the notice.

Examples of things the relevant person may reasonably require for carrying out an authorised activity—

vehicles, tools, building or landscaping supplies

(3)However, subsections (1) and (2) do not authorise—

(a)entry of a structure, or a part of a structure, without the consent of the occupier of the structure or part; or

(b)entry of adjacent land between 6p.m. and 7a.m. unless the entry is reasonably necessary to carry out an authorised activity stated in the notice during that period.

(4)In this section—

enter includes re-enter.

notice period means a period of 10 business days starting on the day the occupier of the adjacent land is given the notice.

Division 3 Damage to adjacent land

431ZE    Duty to avoid inconvenience and minimise damage

A relevant person, or another person, who enters adjacent land under this part, or with the consent of the occupier of the land, must take all reasonable steps to avoid—

(a)causing inconvenience to the occupier; and

(b)damaging the land or anything on the land.

431ZF    Relevant person must give notice of damage

(1)This section applies if—

(a)a relevant person, or another person, enters adjacent land under this part, or with the consent of the occupier of the land, to carry out an authorised activity; and

(b)the relevant person or other person causes or contributes to damage to the land or something on the land.

(2)However, this section does not apply if—

(a)the relevant person reasonably considers the damage is trivial; or

(b)for damage to a thing—the relevant person reasonably believes there is no-one in possession of the thing.

(3)The relevant person must give notice of the damage to the occupier of the adjacent land.

(4)However, if it is not practicable to comply with subsection (3), the relevant person must—

(a)leave the notice at the place where the damage happened; and

(b)ensure the notice is left in a conspicuous position and in a reasonably secure way.

(5)The notice must state—

(a)particulars of the damage; and

(b)that the owner of the land or thing may seek remediation of the damage under this division.

(6)If the relevant person believes the damage was caused by a latent defect, or other circumstances beyond the control of the person who caused or contributed to the damage, the relevant person may state the belief in the notice.

431ZG    Notice of damage

(1)This section applies if—

(a)a relevant person, or another person, enters adjacent land under this part, or with the consent of the occupier of the land, to carry out an authorised activity; and

(b)a person (the interested person) reasonably believes the relevant person or other person has caused or contributed to damage to the land or something on the land; and

(c)the interested person owns the land or thing.

(2)The interested person may give the chief executive written notice of the damage.

(3)The notice must include the following information—

(a)details of the damage;

(b)details of the entry during which the interested person believes the damage was caused or contributed to;

(c)whether the interested person believes the land or thing can be returned to the condition it was in before the damage;

(d)the remedial action the interested person considers—

(i)if the interested person maintains the belief mentioned in paragraph (c)—reasonably necessary to return the land or thing to the condition it was in before the damage; or

(ii)otherwise—appropriate having regard to the consequences of the damage to use of the land or thing.

(4)Within 30 days of receiving the notice, the chief executive must notify the interested person of whether the chief executive will enter into a remediation agreement under section 431ZH.

431ZH    Remediation agreement

(1)This section applies if—

(a)an interested person gives the chief executive a notice under section 431ZG within the notice period; or

(b)if an interested person gives a notice under section 431ZG after the notice period has ended—the chief executive is satisfied the person has a reasonable excuse for not giving the notice within the notice period.

(2)The chief executive may enter into an agreement (a remediation agreement) with the interested person to take remedial action in relation to the land or thing stated in the notice.

(3)A remediation agreement has no effect unless it is—

(a)in writing; and

(b)signed by or for the parties to the agreement; and

(c)filed at an office of the department.

(4)A remediation agreement is binding on the parties to the agreement and the parties’ personal representatives, successors and assigns.

(5)At any time before a remediation agreement is made, the interested person may apply in writing to the court to have the court decide what remedial action, if any, will be taken in relation to the land or thing.

(6)In this section—

notice period, in relation to a notice mentioned in section 431ZG, means 30 days from the last day on which the relevant person, or the other person, mentioned in section 431ZG(1)(a) entered the adjacent land for the purpose of carrying out an authorised activity.

431ZI    Court’s decision about remedial action

(1)This section applies if an interested person makes an application to the court under section 431ZH(5).

(2)The court must fix a date for the hearing and immediately give written notice of the date to—

(a)the chief executive; and

(b)the interested person.

(3)The date for the hearing must be at least 20 business days after the day on which it is fixed by the court.

(4)If the court considers it appropriate, the court may order that remedial action be taken in relation to the land or thing stated in the notice.

(5)In deciding whether to order remedial action, or what remedial action should be ordered, the court may consider the following matters—

(a) whether it is likely the damage to the land or thing was caused or contributed to by a relevant person or another person entering the adjacent land under this part, or with the consent of the occupier of the land, to carry out an authorised activity;

(b)whether the damage was reasonably necessary for carrying out the authorised activity;

(c)whether the person who caused or contributed to the damage took reasonable steps to avoid the damage;

(d)whether the land or thing can be returned to the condition it was in before the damage;

(e)the consequences of the damage on the use of the land or thing by the interested person;

(f)whether the claim is vexatious.

(6)An order made under subsection (4) may state—

(a)when the remedial action is to be taken; and

(b)conditions on which the remedial action is to be taken.

(7)The court may, for a matter decided under this section, make any order about costs the court considers appropriate.

46   Amendment of s 434B (Availability of short-term extension in particular circumstances)

Section 434B(3), ‘subsection (1)’—
omit, insert—

subsection (2)

47   Insertion of new ch 9, pt 4

Chapter 9—
insert—

Part 4    Transitional provisions for Natural Resources and Other Legislation Amendment Act 2019

Division 1 Preliminary

530    Definitions for part

In this part—

former, in relation to a provision, means as in force from time to time before the commencement of the section in which the term is used.

new, in relation to a provision, means as in force on the commencement of the section in which the term is used.

Division 2 Provision relating to alternative dispute resolution

531    Existing disputes

(1)New chapter 6, part 4, division 3A applies in relation to a dispute mentioned in new section 339B whether the dispute started before or after the commencement.

(2)However, new chapter 6, part 4, division 3A does not apply in relation to a dispute if, before the commencement, the dispute was referred to mediation under former section 339B.

Division 3 Provisions relating to road closures

532    Steps taken in relation to road closure applications before commencement

(1)This section applies if, before the commencement, the Minister—

(a)had complied with former section 100(1)(a) and (b), or had acted under former section 100(2), in relation to a road closure application; but

(b)had not dealt with the application under section 101.

(2)The Minister is taken to have—

(a)if the Minister complied with former section 100(1)(a) and (b)—complied with new section 100(1)(a) and (b); or

(b)if the Minister acted under former section 100(2)—acted under new section 100(2).

48   Amendment of sch 6 (Dictionary)

(1)Schedule 6, definitions occupier and of—
omit.

(2)Schedule 6—
insert—

adjacent land, in relation to relevant land, for chapter 7, part 3C, see section 431ZA.

authorised activity, for chapter 7, part 3C, see section 431ZA.

dispute notice, for chapter 6, part 4, division 3A, see section 339F(1).

interested person, for chapter 7, part 3C, see section 431ZG(1)(b).

notifier, for chapter 6, part 4, division 3A, see section 339F(1).

occupier, of a place, for chapter 6A and chapter 7, part 3C, includes the following persons—

(a)if there is more than 1 person who apparently occupies the place—any 1 of the persons;

(b)any person at the place who is apparently acting with the authority of a person who apparently occupies the place;

(c)if no-one apparently occupies the place—

(i)for a place that is non-freehold land—the lessee, licensee, permittee or trustee of the land; or

(ii)for a place that is freehold land—any person who is a registered owner of the place.

of, a place, includes at or on the place.

prescribed dispute resolution entity, for chapter 6, part 4, division 3A, see section 339A.

related subleases, for chapter 6, part 4, division 3A, see section 339A.

related sublessee, for chapter 6, part 4, division 3A, see section 339A.

relevant land, for chapter 7, part 3C, see section 431ZA.

relevant person, in relation to relevant land, for chapter 7, part 3C, see section 431ZA.

remedial action, in relation to land or a thing that has suffered damage, means—

(a)action to return the land or thing to the condition it was in before the damage; or

(b)other appropriate action performed on the land or thing that is of the same, or a similar, value to the action mentioned in paragraph (a).

responder, for chapter 6, part 4, division 3A, see section 339F(1).

response, for chapter 6, part 4, division 3A, see section 339G(1).

Part 6    Amendment of Land and Other Legislation Amendment Act 2017

49   Act amended

This part amends the Land and Other Legislation Amendment Act 2017.

50   Omission of ss 25–30

Sections 25 to 30—
omit.

Editor’s note—

Legislation ultimately amended—

•Land Act 1994

51   Amendment of sch 1 (Other amendments)

Schedule 1, part 2, amendments 1 to 7 and 9 to 11—
omit.

Editor’s note—

Legislation ultimately amended—

•Land Act 1994

Part 7    Amendment of Land Regulation 2009

52   Regulation amended

This part amends the Land Regulation 2009.

53   Insertion of new pt 5A

After section 47—
insert—

Part 5A    Dispute resolution

47A   Prescribed dispute resolution entities—Act, 339A

For section 339A of the Act, definition prescribed dispute resolution entity, the following entities are prescribed—

(a)the Queensland Law Society Incorporated ABN 33 423 389 441;

(b)the Resolution Institute ABN 69 008 651 232.

47B   Matters arbitrator must consider in deciding dispute—Act, s 339Q

For section 339Q(4) of the Act, the arbitrator must consider any evidence supplied to the arbitrator.

47C   Matters arbitrator must consider in deciding costs—Act, s 339U

For section 339U(4) of the Act, the following matters are prescribed—

(a)whether or not a party to the dispute has complied with chapter 6, part 4, division 3A of the Act in relation to the dispute;

(b)whether a party to the dispute has made a frivolous or vexatious claim in the arbitration;

(c)whether a party to the dispute has complied with an order or direction of the arbitrator;

(d)whether a party to the dispute has participated in the arbitration in good faith;

(e)the amount of any fees incurred because of the appointment of experts under section 339R of the Act.

54   Amendment of sch 11 (Fees)

Schedule 11, item 2(p)—
omit.

Part 8    Amendment of Land Title Act 1994

55   Act amended

This part amends the Land Title Act 1994.

Note—

See also the amendments in chapter 3, part 2.

56   Amendment of s 94 (Meaning of high-density development easement)

Section 94(4), definition small, ‘300m2’—
omit, insert—

450m2

57   Amendment of s 110 (Instrument of transfer to trustee)

Section 110(3)—
omit, insert—

(3)A document, in the form required by the registrar, stating details of the trust, or a certified copy of a document creating the trust, must be deposited with the instrument of transfer.

58   Amendment of s 140 (Effect of priority notice)

(1)Section 140(2)—
insert—

(ca)a related instrument that is lodged in the order stated in the notice; or

(2)Section 140(2)(ca) to (e)—
renumber as section 140(2)(d) to (f).

(3)Section 140—
insert—

(3)Also, the priority notice (the current notice) does not prevent the registration of an instrument to which another priority notice for the lot (the earlier notice) relates if—

(a)the earlier notice was deposited before the current notice; and

(b)the earlier notice has not lapsed or been withdrawn, removed or cancelled.

59   Amendment of s 142 (Lapsing of priority notice)

Section 142(b), ‘lodged’—
omit, insert—

registered

60   Amendment of s 148 (Priority of instruments)

Section 148(1), ‘lodgment’—
omit, insert—

lodgement

61   Insertion of new pt 12, div 8

Part 12—
insert—

Division 8 Transitional provisions for Natural Resources and Other Legislation Amendment Act 2019

218   Application of s 94

Section 94, as amended by the Natural Resources and Other Legislation Amendment Act 2019, applies in relation to a high-density development easement only if it is created after the commencement.

Part 9    Amendment of Land Valuation Act 2010

62   Act amended

This part amends the Land Valuation Act 2010.

63   Amendment of s 18 (What is a bona fide sale)

Section 18(3)—
insert—

(c)the terms and conditions of the sale are reasonable having regard to the matters mentioned in subsection (2)(a) and (b);

64   Amendment of s 53 (Valuer-general’s power)

Section 53(2)(a)—
omit, insert—

(a)it is possible to lawfully subdivide the stated part from the rest of the lot; and

65   Amendment of ch 10, hdg (Repeal, savings and transitional provisions)

Chapter 10, heading, after ‘transitional provisions’—
insert—

for Act No. 39 of 2010

66   Amendment of s 268 (Operation and application of pt 3)

Section 268—
insert—

Note—

See, however, section 303 in relation to the application of this part.

67   Insertion of new ch 11

After chapter 10—
insert—

Chapter 11    Transitional provisions for Natural Resources and Other Legislation Amendment Act 2019

303    Application of ch 10, pt 3

(1)From the commencement, chapter 10, part 3 ceases to have any effect other than to the extent provided under subsection (2).

(2)Chapter 10, part 3 continues to apply in relation to a relevant proceeding that, before the commencement, was started but not finally dealt with.

(3)This section applies despite the Acts Interpretation Act 1954, sections 20 and 20A.

(4)In this section—

relevant proceeding means a proceeding relating to a decision of the valuer-general about a saved valuation.

68   Amendment of schedule (Dictionary)

Schedule, definition lot—
insert—

(g)land in the area of a mining lease, geothermal lease, GHG lease or petroleum lease.

Part 10    Amendment of Surveyors Act 2003

69   Act amended

This part amends the Surveyors Act 2003.

70   Amendment of s 5 (Mutual recognition legislation not affected)

Section 5, ‘Trans-Tasman Mutual Recognition (Queensland) Act 1999’—
omit, insert—

Trans-Tasman Mutual Recognition (Queensland) Act 2003

71   Amendment of s 12 (Membership of board)

Section 12(1) to (3)—
omit, insert—

(1)The board must consist of 9 individuals.

(2)Subject to subsection (1), a regulation may require the board to consist of individuals with particular qualifications or experience or who hold a particular type of position.

(3)The members must be appointed by the Governor in Council.

72   Amendment of s 19 (Vacation of office)

(1)Section 19(1)(e) to (g)—
omit, insert—

(e)was appointed because the member had particular qualifications or experience, or held a particular type of position, and the member stops having the qualifications or experience or holding a position of that type.

(2)Section 19—
insert—

(1A)Subsection (1)(e) does not apply if, despite the member no longer having the qualifications or experience or holding a position of that type, the membership of the board still complies with section 12(2).

(3)Section 19(1A) and (2)—
renumber as section 19(2) and (3).

73   Amendment of s 21 (Casual vacancy in member’s office)

Section 21(3) and (4)—
omit, insert—

(3)If the vacating member had particular qualifications or experience, or held a particular type of position, required under section 12(2), the new member must have the same qualifications or experience or hold a position of the same type.

74   Amendment of s 22 (Leave of absence for a member)

Section 22(3)—
omit, insert—

(3)If the member has particular qualifications or experience, or holds a particular type of position, required under section 12(2), the person appointed must have the same qualifications or experience or hold a position of the same type.

75   Replacement of s 27 (Quorum)

Section 27—
omit, insert—

27   Quorum

A quorum for the board is a majority of the members at the time the meeting is held.

76   Replacement of ss 75 and 76

Sections 75 and 76—
omit, insert—

75   Carrying out cadastral surveys

(1)A person who is not a registrant must not carry out a cadastral survey.

Maximum penalty—100 penalty units.

(2)A person who is a registrant must not carry out a cadastral survey if the person is not a cadastral surveyor.

Maximum penalty—100 penalty units.

(3)However, a person does not commit an offence against subsection (2) if—

(a)the person carries out the cadastral survey under the supervision of a cadastral surveyor; and

(b)the level of supervision by the cadastral surveyor complies with a guideline mentioned in section 188A(2)(a).

(4)In this section—

registrant does not include an emeritus surveyor.

76   Carrying on a business providing cadastral surveying services

(1)A person who is not a consulting cadastral surveyor must not carry on a business providing services relating to carrying out cadastral surveys.

Maximum penalty—50 penalty units.

(2)A person who is not a consulting cadastral surveyor must not charge a fee for carrying out a cadastral survey.

Maximum penalty—50 penalty units.

77   Amendment of s 130 (Appointment)

(1)Section 130(1)—
omit, insert—

(1)The board may appoint an appropriately qualified person as an investigator.

(1A)However, the board may not appoint a member as an investigator.

(2)Section 130(1A) and (2)—
renumber as section 130(2) and (3).

78   Amendment of s 144 (General powers after entering places)

(1)Section 144(3)(d), before ‘carry’—
insert—

if the investigator is a surveyor—

(2)Section 144(3)(e), before ‘place’—
insert—

if the investigator is a surveyor—

79   Insertion of new s 188B

After section 188A—
insert—

188B    Board may delegate functions to board members

(1)The board may delegate a function of the board to—

(a)an appropriately qualified member; or

(b)an appropriately qualified employee of the board.

(2)However, subsection (1) does not apply in relation to the following functions—

(a)the establishment of a competency framework;

(b)the accreditation of an entity for assessing the competency of persons under the competency frameworks;

(c)deciding an application for registration as a surveyor, or registration endorsement, other than an application to which the Mutual Recognition (Queensland) Act 1992 or the Trans-Tasman Mutual Recognition (Queensland) Act 2003 applies;

(d)deciding to monitor a registrant’s compliance with disciplinary conditions of registration;

(e)authorising an investigation;

(f)deciding to take disciplinary proceedings against a registrant;

(g)deciding to refer a disciplinary matter, for hearing, to a professional conduct review panel or QCAT.

(3)In this section—

function includes a power.

80   Insertion of new s 190A

After section 190—
insert—

190A    Particular searches free of charge

(1)This section applies to each of the following persons—

(a)the board;

(b)a member;

(c)an employee of the board;

(d)an investigator;

(e)a person acting under the direction or authority of an investigator.

(2)The person may conduct a search of the following without payment of a fee—

(a)a register under the Land Act 1994, section 275 or the Land Title Act 1994, section 7;

(b)a valuation roll under the Land Valuation Act 2010;

(c)a State dataset under the Survey and Mapping Infrastructure Act 2003.

(3)However, the search must be conducted—

(a)for the purpose of administering this Act; and

(b)in accordance with the practice of the entity that holds the register, valuation roll or State dataset.

(4)In this section—

search, of a register, valuation roll or State dataset, includes obtaining information from the register, valuation roll or State dataset.

81   Insertion of new pt 14

After part 13—
insert—

Part 14    Transitional provision for Natural Resources and Other Legislation Amendment Act 2019

209   Existing board members

(1)A person who, immediately before the commencement, was a member continues to be a member until the person is taken to have vacated office under section 19.

(2)Despite new section 12, the board is taken to be properly constituted during the transition period if it is constituted in accordance with former section 12.

(3)In this section—

former, in relation to a provision of this Act, means as in force immediately before the commencement.

new, in relation to a provision of this Act, means as in force on the commencement.

transition period means the period starting on the commencement and ending 12 months after the commencement.

82   Amendment of sch 3 (Dictionary)

(1)Schedule 3, definition first composition—
omit.

(2)Schedule 3—
insert—

cadastral survey—

(a)means a survey to identify a boundary of a particular area of land; but

Examples—

• a survey carried out to prepare a survey plan, that reinstates a boundary of an area of land, for lodgement in the land registry

• a survey that works out the location of a boundary of an area of land that does not have, or has incomplete, survey marks

•the placing of a mark to represent the location of a boundary of an area of land

(b)does not include the depiction on a plan of the approximate location of a boundary if the plan states the location of the boundary is approximate.

consulting cadastral surveyor means a consulting surveyor who is a cadastral surveyor.

survey includes—

(a)a survey of artificial features on, above or below the earth’s surface; and

(b)recording a survey mentioned in paragraph (a) on a plan.

(3)Schedule 3, definition investigator, ‘surveyor’—
omit, insert—

person

Part 11    Amendment of Surveyors Regulation 2014

83   Regulation amended

This part amends the Surveyors Regulation 2014.

84   Insertion of new s 1A

After section 1—
insert—

1A   Qualifications and experience of board members—Act, s 12

(1)This section states, for section 12(2) of the Act, the qualifications and experience particular members must have.

(2)The board must consist of—

(a)3 cadastral surveyors; and

(b)1 other cadastral surveyor employed in the department; and

(c)1 surveyor with a mining registration endorsement; and

(d)1 surveyor directly involved in teaching surveying; and

(e)1 other surveyor; and

(f)2 other individuals who represent the interests of the community generally in the conduct and practice of the profession.

(3)A surveyor may be appointed as a member only if—

(a)the surveyor has been registered as a surveyor for periods totalling at least 5 years; and

(b)for a surveyor mentioned in subsection (2)(a), (b) or (c)—the surveyor has held the registration endorsement mentioned in that subsection for periods totalling at least 5 years.

(4)In this section—

mining registration endorsement means any of the following registration endorsements—

(a)mining open cut (O);

(b)mining underground coal (UC);

(c)mining underground metalliferous (Mining UM).

Part 12    Amendment of Torres Strait Islander Land Act 1991

85   Act amended

This part amends the Torres Strait Islander Land Act 1991.

86   Amendment of s 9 (Lands that are transferable lands)

Section 9(1)(c)—
omit, insert—

(c)available State land the Minister declares to be transferable land.

87   Amendment of s 11 (Torres Strait Islander reserve land)

Section 11(1), ‘the land is declared by regulation’—
omit, insert—

the Minister declares the land

88   Amendment of s 12 (Definition for div 4)

Section 12, definition relevant land, paragraph (b), ‘under a regulation’—
omit, insert—

by the Minister

89   Amendment of s 22 (Tidal land)

Section 22(1)—
omit, insert—

(1)Available State land includes tidal land only if the Minister declares the particular tidal land to be available State land.

90   Amendment of s 23 (Meaning of city or town land)

Section 23(2) and (3)—
omit, insert—

(2)The Minister may declare a change to the boundaries of a city or town.

(3)A declaration under subsection (2) has effect only for this Act.

91   Amendment of s 28ZI (Cancellation of deeds of grant in trust, reserves etc.)

(1)Section 28ZI(1)(a)(iv)—
omit.

(2)Section 28ZI(1)(a)(v)—
renumber as section 28ZI(1)(a)(iv).

92   Amendment of s 41 (Existing interests)

Section 41(3), ‘, section 42’—
omit.

93   Omission of s 42 (Interests to be endorsed on deed)

Section 42—
omit.

94   Amendment of s 50 (Reservations of forest products and quarry material etc.)

(1)Section 50(1), ‘it is declared by regulation’—
omit, insert—

the Minister declares

(2)Section 50(2), ‘a regulation’—
omit, insert—

the Minister

(3)Section 50(3), ‘a regulation is made’—
omit, insert—

the Minister makes a declaration

95   Insertion of new s 155A

After section 155—
insert—

155A    Name of land trust

The name of a land trust must include the words ‘Land Trust’ as the last 2 words.

96   Amendment of s 164 (Particular information to be recorded in register)

Section 164(2), ‘prescribed under a regulation’—
omit, insert—

declared by the Minister

97   Insertion of new s 193

After section 192—
insert—

193   Register of particular declarations

(1)The chief executive must keep a register of declarations made by the Minister under the following sections—

(a)section 9(1)(c);

(b)section 11(1);

(c)section 22(1);

(d)section 23(2);

(e)section 50(1) or (2);

(f)section 164(2).

(2)The register may be kept in a way the chief executive considers appropriate, including, for example, in electronic form.

(3)The chief executive must make the information contained in the register publicly available on the department’s website free of charge.

98   Insertion of new pt 19, div 5

Part 19—
insert—

Division 5 Transitional provisions for Natural Resources and Other Legislation Amendment Act 2019

208    Particular things taken to have been declared by Minister

(1)This section applies if—

(a)immediately before the commencement, a provision of this Act (the former provision) required or permitted a matter to be declared by regulation; and

(b)on the commencement, a provision of this Act (the current provision) requires or permits the matter to be declared by the Minister.

(2)A declaration of the matter by regulation under the former provision that is in effect immediately before the commencement is, on the commencement, taken to be a declaration of the matter by the Minister under the current provision.

Part 13    Amendment of Torres Strait Islander Land Regulation 2011

99   Regulation amended

This part amends the Torres Strait Islander Land Regulation 2011.

100   Omission of pt 4A (Declaration)

Part 4A—
omit.

Part 14    Amendment of Valuers Registration Act 1992

101   Act amended

This part amends the Valuers Registration Act 1992.

102   Amendment of s 8 (Panel of nominees)

(1)Section 8(2)—
omit.

(2)Section 8(3)—
renumber as section 8(2).

Chapter 3    Amendments of land legislation commencing on proclamation

Part 1    Amendment of Land Act 1994

103   Act amended

This part amends the Land Act 1994.

Note—

See also the amendments in chapter 2, part 5.

104   Amendment of s 23A (Floating reservation on plan of subdivision)

(1)Section 23A(1) to (4), ‘Minister’—
omit, insert—

chief executive

(2)Section 23A(5) and (6), ‘Minister’s’—
omit, insert—

chief executive’s

105   Amendment of s 26C (Effect of resumption of forest entitlement area)

Section 26C(b), ‘Minister’—
omit, insert—

chief executive

106   Amendment of s 32 (State leases over reserves)

Section 32(4)(b), ‘Minister’—
omit, insert—

chief executive

107   Amendment of s 34H (Dealing with improvements)

(1)Section 34H(1), after ‘apply’—
insert—

, in writing to the chief executive,

(2)Section 34H(2) and (3), ‘Minister’—
omit, insert—

chief executive

108   Amendment of s 38G (Dealing with improvements)

(1)Section 38G(1), after ‘apply’—
insert—

, in writing to the chief executive,

(2)Section 38G(2) and (3), ‘Minister’—
omit, insert—

chief executive

109   Amendment of s 41 (Survey not needed)

Section 41(2), ‘Minister’—
omit, insert—

chief executive

110   Amendment of s 48 (Trustees to give information and allow inspection of records)

Section 48(1), ‘Minister’—
omit, insert—

chief executive

111   Amendment of s 55H (Dealing with improvements)

(1)Section 55H(1), after ‘apply’—
insert—

, in writing to the chief executive,

(2)Section 55H(2) and (3), ‘Minister’—
omit, insert—

chief executive

112   Amendment of s 57 (Trustee leases)

(1)Section 57(2), from ‘, including’ to ‘lease’—
omit.

(2)Section 57(5)(b)—
omit.

(3)Section 57(5)(c) and (d)—
renumber as section 57(5)(b) and (c).

113   Amendment of s 58 (Other transactions relating to trustee leases)

(1)Section 58(1), from ‘of’—
omit, insert—

of—

(a)for a sublease of the trustee lease—the Minister; or

(b)otherwise—the chief executive.

(2)Section 58(2), after ‘Minister’s’—
insert—

or chief executive’s

(3)Section 58(3)—
omit, insert—

(3)An approval mentioned in subsection (1) may include conditions.

(4)Section 58(4)(a), ‘the trustee’s or Minister’s approval’—
omit, insert—

an approval mentioned in subsection (1)

(5)Section 58(6) and (7)—
omit, insert—

(6)If the Minister or chief executive refuses to approve the transfer, mortgage or sublease, notice of the decision and the reasons for the decision must be given to the trustee lessee.

(7)A trustee lessee may appeal against the decision.

114   Amendment of s 59 (Basis of Ministerial approval)

(1)Section 59, heading, ‘Ministerial’—
omit.

(2)Section 59(1), after ‘Minister’—
insert—

or the chief executive

(3)Section 59(2)(b), ‘Minister’—
omit, insert—

chief executive

115   Amendment of s 60 (Trustee permits)

Section 60(5) and (6)—
omit.

116   Amendment of s 61 (Conditions on trustee leases and trustee permits)

Section 61(4)—
insert—

Note—

See also chapter 5A for prescribed terms that apply to particular trustee leases or trustee permits.

117   Amendment of s 64 (Minister may dispense with approval)

(1)Section 64(1), after ‘Minister’s’—
insert—

or chief executive’s

(2)Section 64(5) and (6)—
omit.

(3)Section 64(7)—
renumber as section 64(5).

118   Amendment of s 66 (Right to remove improvements on cancellation)

Section 66(2), from ‘Minister may’—
omit, insert—

chief executive may allow the trustee lessee or trustee permittee to remove the trustee lessee’s or trustee permittee’s improvements on the land within a reasonable time stated by the chief executive.

119   Amendment of s 67 (Power to mortgage trust land)

(1)Section 67(4), ‘Minister’—
omit, insert—

chief executive

(2)Section 67(5), ‘Minister’s’—
omit, insert—

chief executive’s

120   Amendment of s 68 (Mortgagee in possession)

(1)Section 68(1) and (3), ‘Minister’—
omit, insert—

chief executive

(2)Section 68(3), ‘Minister’s’—
omit, insert—

chief executive’s

121   Amendment of s 82 (Trustees may transfer trust to local government)

Section 82(a), ‘Minister’—
omit, insert—

chief executive

122   Amendment of s 98 (Closure of road)

(1)Section 98(1)(b), ‘gazette notice.’—
omit, insert—

issuing, under section 103, a road licence over the road to a person.

(2)Section 98(3), from ‘gazette’—
omit, insert—

road licence mentioned in subsection (1)(b) is issued.

123   Amendment of ch 3, pt 2, div 3, hdg (Road licences for temporarily closed roads)

Chapter 3, part 2, division 3, heading, ‘for temporarily closed roads’—
omit.

124   Amendment of s 103 (Issue of road licence)

(1)Section 103(1), ‘temporarily closed’—
omit.

(2)Section 103(1)—
insert—

Note—

See also section 98.

125   Amendment of s 104 (Conditions of issuing road licence)

Section 104(b), ‘temporarily closed’—
omit, insert—

for which the licence is issued

126   Amendment of s 105 (Cancellation or surrender of road licence)

Section 105(6), ‘remains temporarily closed’—
omit, insert—

is reopened

127   Omission of s 107 (Reopening a temporarily closed road)

Section 107—
omit.

128   Amendment of s 113 (Public notice of availability to be given)

Section 113(1), ‘Minister’—
omit, insert—

chief executive

129   Amendment of s 117 (Interest may be withdrawn from auction, tender or ballot)

Section 117, ‘Minister’—
omit, insert—

chief executive

130   Amendment of s 118 (Appeal against exclusion from ballot or tender)

Section 118(1) and (2), ‘Minister’—
omit, insert—

chief executive

131   Amendment of s 120 (Offer to winner of ballot or tender)

(1)Section 120(2)(b)—
omit, insert—

(b)either—

(i)if the offer was made because of a ballot—the chief executive may reballot the land; or

(ii)otherwise—the Minister or chief executive may deal with the land in a way required or permitted under this Act.

(2)Section 120(4), ‘Minister’—
omit, insert—

chief executive

132   Amendment of s 137 (Right to occupy)

Section 137(1)(b) and (2)(a), ‘Minister’—
omit, insert—

chief executive

133   Amendment of s 138 (Default)

Section 138(3), ‘Minister’—
omit, insert—

chief executive

134   Amendment of s 201 (Information condition)

Section 201, after ‘Minister’—
insert—

or the chief executive

135   Amendment of s 202 (Improvement condition)

Section 202, ‘Minister’s’—
omit, insert—

chief executive’s

136   Amendment of s 240E (Sale by lessee)

(1)Section 240E(1), ‘make written application’—
omit, insert—

apply, in writing, to the chief executive

(2)Section 240E(2), ‘Minister’—
omit, insert—

chief executive

(3)Section 240E(2), ‘Minister’s’—
omit, insert—

chief executive’s

137   Amendment of s 240F (Sale by mortgagee instead of forfeiture)

(1)Section 240F(1), ‘make written application’—
omit, insert—

apply, in writing, to the chief executive

(2)Section 240F(2), ‘Minister’—
omit, insert—

chief executive

(3)Section 240F(2), ‘Minister’s’—
omit, insert—

chief executive’s

138   Amendment of s 240G (Application)

(1)Section 240G(1) and (3), ‘Minister’—
omit, insert—

chief executive

(2)Section 240G(3), ‘Minister’s’—
omit, insert—

chief executive’s

139   Amendment of s 240H (Notice of approval)

Section 240H(1), ‘Minister’—
omit, insert—

chief executive

140   Amendment of s 240M (Transition to sale agreement)

(1)Section 240M(2)(a) and (b), after ‘Minister’—
insert—

or chief executive

(2)Section 240M(2)(c), after ‘Minister’s’—
insert—

or chief executive’s

141   Amendment of s 240O (Making and registration of transition to sale agreement)

Section 240O(1), from ‘agreement, including’—
omit, insert—

agreement.

142   Amendment of s 240S (Notice of forfeiture)

Section 240S(1), ‘Minister’—
omit, insert—

chief executive

143   Amendment of s 243 (Improvements on forfeited lease)

(1)Section 243(1A), after ‘apply’—
insert—

, in writing to the chief executive,

(2)Section 243(1) and (2), ‘Minister’—
omit, insert—

chief executive

144   Insertion of new ch 5A

After chapter 5—
insert—

Chapter 5A    Prescribed terms of particular interests

254   Definitions for chapter

In this chapter—

prescribed term, for a relevant interest, means a term that is prescribed under section 255 for interests of that type.

relevant interest means an interest in lease land, licence land, permit land or trust land created under this Act.

255   Regulation may prescribe terms

A regulation may prescribe a term to be a term of a type of relevant interest stated in the regulation.

256   Effect of prescribed term

(1)This section applies to a relevant interest if it is of a type for which there is a prescribed term.

(2)The relevant interest is subject to the prescribed term from—

(a)for a relevant interest that is required to be registered under this Act—

(i)if the interest was registered before the commencement of the prescribed term—the expiry of the transition period for the prescribed term; or

(ii)otherwise—the registration of the interest; or

(b)for another relevant interest—

(i)if the interest was created before the commencement of the prescribed term—the expiry of the transition period for the prescribed term; or

(ii)otherwise—the creation of the interest.

(3)The prescribed term binds each person who holds the relevant interest and each successor in title of the person.

(4)If a term of a tenure document for the relevant interest, or another document creating the relevant interest, is inconsistent with the prescribed term, the prescribed term prevails to the extent of the inconsistency.

(5)This section applies despite any other provision of this Act, other than section 257.

(6)In this section—

transition period, for a prescribed term, means a period, prescribed by regulation, starting on the commencement of the prescribed term.

257   Amendment of prescribed term

(1)This section applies to a relevant interest that is subject to a prescribed term if the prescribed term is amended.

(2)The relevant interest is subject to the prescribed term as amended (the amended prescribed term) from the expiry of the transition period for the amended prescribed term.

(3)This section applies despite any other provision of this Act.

(4)In this section—

transition period, for an amended prescribed term, means a period, prescribed by regulation, starting on the commencement of the amended prescribed term.

145   Amendment of s 287 (Registered documents must comply with particular requirements)

Section 287(1)(c)—
omit, insert—

(c)if the Minister’s or chief executive’s approval is needed—the Minister or chief executive has given written approval to the transaction to which the document relates.

146   Amendment of s 294J (Building management statement affecting freehold and non-freehold land)

Section 294J(3), (4) and (6)(a), ‘Minister’—
omit, insert—

chief executive

147   Amendment of s 299A (No registration in absence of required approval or consent of Minister)

(1)Section 299A, heading, after ‘Minister’—
insert—

or chief executive

(2)Section 299A(1)(a) and (b)—
omit, insert—

(a)under this Act, the Minister’s or chief executive’s approval or consent, however described, is required for the document, including any aspect of the document, but the approval or consent has not been obtained; or

Examples—

•a plan of subdivision that has not been consented to by the Minister

•a transfer document if the chief executive has not given written approval to the transfer

(b)the terms of the document are inconsistent with the terms of any approval or consent, however described, given by the Minister or chief executive in relation to the document, including any aspect of the document.

(3)Section 299A(4)—
omit, insert—

(4)Subsection (1) does not affect the operation of a provision of this Act that provides for the approval or consent to be dispensed with.

Examples—

1The Minister may, under section 333, give an authority to sublease without seeking the Minister’s approval.

2The chief executive may, under section 322AA, exempt particular persons from the requirement, under section 322(1)(b)(i), to obtain the chief executive’s approval to a transfer of a lease.

148   Replacement of s 311 (Witnessing documents for individuals)

Section 311—
omit, insert—

311   Witnessing documents for individuals

(1)A person who witnesses a document signed by an individual must—

(a)first take reasonable steps to verify the identity of the individual and ensure the individual is the person entitled to sign the document; and

(b)have the individual sign the document in the presence of the person; and

(c)not be a party to the document.

(2)Without limiting subsection (1)(a), the person takes reasonable steps to verify the identity of the individual if the person complies with practices included in the manual of land title practice under section 286A(2) for verifying the individual’s identity.

(3)The person must, for 7 years after the person witnesses the signing of the document—

(a)keep a written record of the steps taken under subsection (1)(a); or

(b)keep originals or copies of the documents and other evidence provided to or otherwise obtained by the person in complying with subsection (1)(a).

(4)The chief executive may, whether before or after the registration of the document, ask the person—

(a)to advise the chief executive about the steps taken by the person under subsection (1)(a); and

(b)to produce for the chief executive’s inspection the written record mentioned in subsection (3)(a) or the originals or copies mentioned in subsection (3)(b).

(5)The person must comply with a request under subsection (4) unless the person has a reasonable excuse.

Maximum penalty—20 penalty units.

149   Omission of s 318A (Minister may lodge mandatory standard terms document)

Section 318A—
omit.

150   Omission of s 320A (Conflict with mandatory standard terms document)

Section 320A—
omit.

151   Amendment of s 322 (Requirements for transfers)

(1)Section 322(1)(b)(i), (5), (6) and (7), ‘Minister’—
omit, insert—

chief executive

(2)Section 322—
insert—

(2A)If an exemption applies to a lease under section 322AA, subsection (1)(b)(i) does not apply to the transfer of—

(a)the lease; or

(b)a sublease of the lease.

(3)Section 322(4), (6), (8) and (9), ‘Minister’s’—
omit, insert—

chief executive’s

152   Insertion of new ss 322AA and 322AB

After section 322—
insert—

322AA    Chief executive may grant exemption from approval requirement

(1)If the chief executive considers it appropriate, the chief executive may, by written notice, exempt the following persons from the requirement under section 322(1)(b)(i) to obtain the chief executive’s approval to a transfer of a lease—

(a)if the notice states a particular lease—the lessee under the lease;

(b)if the notice states a type of lease—each lessee under a lease of that type.

(2)If an exemption under subsection (1) applies to a lessee for a lease, a sublessee for a sublease under the lease is exempt from the requirement under section 322(1)(b)(i) to obtain the chief executive’s approval to a transfer of the sublease.

(3)In acting under the notice, a lessee or sublessee must comply with any requirements prescribed by regulation.

(4)The notice may impose conditions on the exemption the chief executive considers appropriate.

(5)The chief executive may, by further written notice—

(a)impose additional conditions on the exemption; or

(b)amend or revoke a condition already imposed on the exemption under this section; or

(c)revoke the exemption.

322AB    Recording exemptions

(1)The chief executive may record an exemption granted under section 322AA(1) in the leasehold land register.

(2)Failure to record the exemption does not affect its validity.

(3)If an exemption recorded under subsection (1) is revoked under section 322AA(5)(c), the chief executive must remove the record of the exemption from the leasehold land register.

153   Amendment of s 326A (Disclosure of information to proposed transferee of lease or licensee)

Section 326A(2) and (3), ‘Minister’—
omit, insert—

chief executive

154   Amendment of s 327 (Absolute surrender of freehold land)

(1)Section 327(a), ‘Minister’—
omit, insert—

chief executive

(2)Section 327(b), ‘Minister’s’—
omit, insert—

chief executive’s

155   Amendment of s 327A (Surrender of lease)

(1)Section 327A(a), ‘Minister’—
omit, insert—

chief executive

(2)Section 327A(b), ‘Minister’s’—
omit, insert—

chief executive’s

156   Amendment of s 327B (Applying to surrender freehold land)

Section 327B, after ‘apply’—
insert—

, in writing to the chief executive,

157   Amendment of s 327C (Applying to surrender lease)

Section 327C(1), after ‘apply’—
insert—

, in writing to the chief executive,

158   Amendment of s 327I (Dealing with improvements)

(1)Section 327I(1), after ‘apply’—
insert—

, in writing to the chief executive,

(2)Section 327I(2) and (3), ‘Minister’—
omit, insert—

chief executive

159   Amendment of s 329 (Notice of surrender needed)

Section 329(2), ‘Minister’—
omit, insert—

chief executive

160   Amendment of s 330 (Requirements for effective surrender)

Section 330(a), ‘Minister’—
omit, insert—

chief executive

161   Amendment of s 332 (Requirements for subleases)

(1)Section 332(1)(a)(iii)—
omit.

(2)Section 332(1)—
insert—

Note—

A sublease may be subject to a prescribed term. See chapter 5A.

(3)Section 332(2) to (9)—
omit, insert—

(2)An application for the Minister’s approval—

(a)may be made by a lessee or sublessee even though subsection (1)(a)(ii) applies to the lessee; and

(b)must be accompanied by a copy of the proposed sublease.

(3)The Minister must consider the application and—

(a)if the Minister is satisfied the subleasing would be inconsistent with the purpose of the lease—must refuse to approve the application; or

(b)otherwise—may—

(i)approve the application, with or without conditions; or

(ii)refuse to approve the application.

Example of why the Minister may refuse to approve the application—

The subleasing would be inappropriate having regard to the purpose and conditions of the lease.

(4)If the Minister refuses to approve the application, the Minister must give the lessee a written notice of the decision that includes a statement of the reasons for the decision.

(5)The approval lapses unless the sublease is lodged in the land registry within 6 months after the approval was granted.

(6)The Minister may extend the time mentioned in subsection (5).

(7)The lessee may appeal against the Minister’s decision.

162   Insertion of new s 337A

After section 337—
insert—

337A    Sublease must not contravene lease condition

The lessee of a lease that is sublet, in whole or in part, must ensure the terms of the sublease do not contravene a condition to which the lease is subject.

163   Amendment of s 358 (Changing deeds of grant—change in description or boundary of land)

Section 358(2), ‘Minister’s’—
omit, insert—

chief executive’s

164   Amendment of s 360A (Minister may change term leases, other than State leases, or perpetual leases)

(1)Section 360A, heading—
omit, insert—

360A    Chief executive may change term leases, or perpetual leases, other than State leases

(2)Section 360A(1), from ‘applies’—
omit, insert—

does not apply to a State lease.

(3)Section 360A(2) and (3), ‘Minister’—
omit, insert—

chief executive

(4)Section 360A(2) and (3), ‘the lease if’—
omit, insert—

a term lease, or a perpetual lease, if

165   Amendment of s 360C (Applying to amend description of lease)

Section 360C(2), ‘other than a State lease, or a perpetual lease’—
omit, insert—

or a perpetual lease, other than a State lease

166   Amendment of s 362 (Easements may be created only by registration)

Section 362(1), ‘Minister’s’—
omit, insert—

chief executive’s

167   Amendment of s 363 (Registration of easement)

Section 363(1)(c), ‘Minister’—
omit, insert—

chief executive

168   Amendment of s 369A (Transfer of public utility easements)

Section 369A(1), ‘With the Minister’s written approval, a’—
omit, insert—

A

169   Amendment of s 373B (Requirements of document creating covenant)

Section 373B(1)(d), ‘Minister’—
omit, insert—

chief executive

170   Amendment of s 373C (Amending document creating covenant)

Section 373C(2)(b), ‘Minister’—
omit, insert—

chief executive

171   Amendment of s 373G (Profit a prendre by registration)

Section 373G, ‘Minister’s’—
omit, insert—

chief executive’s

172   Amendment of s 373ZB (Definitions for div 8D)

Section 373ZB, definition approved agreement, ‘Minister’—
omit, insert—

chief executive

173   Amendment of s 373ZD (Creation only by registration)

(1)Section 373ZD(2) and (3), ‘Minister’—
omit, insert—

chief executive

(2)Section 373ZD(4), ‘Minister’s’—
omit, insert—

chief executive’s

174   Amendment of s 373ZE (Requirements for registration)

Section 373ZE(1)(c), from ‘Minister’s’—
omit, insert—

approval under section 373ZD.

175   Amendment of s 373ZF (Amending interest)

(1)Section 373ZF(3) and (4), ‘Minister’—
omit, insert—

chief executive

(2)Section 373ZF(5), ‘Minister’s’—

(2)The director continues holding office after the end of the director’s term of office until the earlier of the following days—

(a)for a director for a category 1 water authority—the day the director’s successor is appointed under new section 600;

(b)for a director for a category 2 water authority—

(i)the day the director’s successor is appointed under new section 600;

(ii)the day the Minister appoints an acting director to the office;

(iii)the day that is 9 months after the commencement.

(3)For subsection (2)(b)(ii), the Minister may appoint an acting director to the office under new section 608 as if there were a vacancy in the office.

1297    Removal of director for category 2 water authority by Minister even if appointed by Governor in Council

The Minister may remove a director for a category 2 water authority under new section 606 or 609A even if the director was appointed by the Governor in Council.

1298    Vacancy in office if director nominated by local government

A reference in new section 607 to a nominee of a local government includes a person nominated by a local government under former section 598(1)(b) or 598A as a director for a water authority.

1299    Nomination or election of directors for water authority

(1)This section applies if—

(a)before the commencement, anything had been done or begun, under former section 598 or 598A, in relation to the election or nomination of a director for a water authority; and

(b)immediately before the commencement, the Minister had not appointed, under former section 600(2), a person as director in relation to the election or nomination mentioned in paragraph (a).

(2)Despite the Acts Interpretation Act 1954, section 20, any requirement to continue any thing related to the election or nomination of a director, or to appoint a director who is elected or nominated, does not apply.

(3)However, if, before the commencement, the Minister had been given the name of a person elected or nominated as a director under former section 598 or 598A and the person is appropriately qualified under new section 600(2)—

(a)the name of the person is taken to have been given to the Minister under new section 609; and

(b)the person may be appointed under new section 600(2).

1300    Notice in gazette of proposed change in composition of board of water authority

(1)This section applies if—

(a)before the commencement, the chief executive published, under former section 598A(2), a notice in the gazette of a proposed change in the composition of the board of a water authority; and

(b)immediately before the commencement, the chief executive had not published, under former section 598A(4), a notice in the gazette relating to the notice mentioned in paragraph (a).

(2)Despite the Acts Interpretation Act 1954, section 20, the following requirements under former section 598A(4) do not apply—

(a)the requirement to consider each properly made submission about the proposed change;

(b)the requirement to publish a notice in the gazette amending the notice published under former section 598.

339   Amendment of sch 4 (Dictionary)

(1)Schedule 4, definitions criminal history and properly made submission—
omit.

(2)Schedule 4—
insert—

criminal history, of a person, means the person’s criminal history as defined under the Criminal Law (Rehabilitation of Offenders) Act 1986, other than spent convictions.

properly made submission means a submission that—

(a)is made by an entity invited to make the submission; and

(b)is in writing and signed by each entity that made the submission; and

(c)is received on or before the last day for the making of the submission; and

(d)states the name and address of each entity that made the submission; and

(e)states the grounds of the submission and the facts and circumstances relied on in support of the grounds; and

(f)is received by the person stated in the notice inviting the submission.

Queensland Government business and industry portal means a website with a URL that contains ‘qld.gov.au’, other than the website of a local government, and that relates to business and industry.

spent conviction means a conviction—

(a)for which the rehabilitation period under the Criminal Law (Rehabilitation of Offenders) Act 1986 has expired under that Act; and

(b)that is not revived as prescribed by section 11 of that Act.

(3)Schedule 4, definition submitter, ‘a person’—
omit, insert—

an entity

(4)Schedule 4, definition water sharing rules, paragraph (a), ‘rules included’—
omit, insert—

rules that apply to the water entitlement or other authorisation that are included

(5)Schedule 4, definition water sharing rules, paragraph (c), ‘rules prescribed’—
omit, insert—

rules that apply to the water licence or other authorisation that are prescribed

Part 4    Amendment of Water Supply (Safety and Reliability) Act 2008

340   Act amended

This part amends the Water Supply (Safety and Reliability) Act 2008.

341   Amendment of s 30A (Ownership and operation of service provider’s infrastructure that is part of land)

Section 30A(3)—
omit.

342   Replacement of s 160 (Application of pt 5)

Section 160—
omit, insert—

160   Definition for pt 5

In this part—

service provider, for a retail water service or sewerage service in a service area, means an entity declared under section 161 to be the service provider for the service in the service area.

Note—

See also the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009, sections 53AQ and 92DB.

343   Replacement of s 161 (Declaration of service area)

Section 161—
omit, insert—

161   Declaration of service area

(1)Subsection (2) applies if a local government, or a local government entity, supplies a reticulated water service or sewerage service in all or part of the local government area for the local government (a relevant area).

(2)The local government must, by resolution, declare—

(a)the relevant area to be a service area for the reticulated water service or the sewerage service; and

(b)the local government, or the local government entity, to be the service provider for the service in the service area.

(3)The declaration under subsection (2) must be made within 1 year after the local government, or the local government entity, first supplies the reticulated water service or the sewerage service in the relevant area.

Note—

See also section 676.

(4)Also, the local government may, by resolution, declare—

(a)all or part of the local government area for the local government, other than a relevant area, to be a service area for a reticulated water service or sewerage service; and

(b)a stated service provider to be the service provider for the service in the service area.

(5)A local government must not declare an entity, other than the local government or a local government entity, to be the service provider for a reticulated water service or sewerage service in all or part of the local government area for the local government unless the other entity agrees in writing to the declaration before the declaration is made.

(6)A local government may, by resolution, amend a declaration made under this section by adding an area to, or removing an area from, the service area.

(7)The local government must not amend a declaration made under this section without the written agreement of the service provider unless the service provider is the local government or a local government entity.

(8)A resolution under this section takes effect on—

(a)if the declaration states a day—the stated day; or

(b)otherwise—the day the declaration is made.

(9)A local government must not declare an area to be a service area for a retail water service or a sewerage service if the area is already a service area for a service of the same type.

(10)In this section—

reticulated water service—

(a)means a water service that is the reticulation of water; but

(b)does not include—

(i)an irrigation service or bulk water service in any area; or

(ii)the supply of recycled water in any area.

344   Amendment of s 162 (Notice of declaration of service area)

Section 162—
insert—

(c)give the regulator a copy of the notice.

345   Amendment of s 167 (Owner may ask for connection to service provider’s infrastructure)

Section 167—
insert—

(4)This section does not apply to a service provider that is a distributor-retailer.

346   Amendment of s 168 (Notice requiring connection to registered service)

Section 168—
insert—

(5)This section does not apply to a service provider that is a distributor-retailer.

347   Amendment of s 301 (Making declaration)

Section 301(2)(c)—
omit.

348   Amendment of s 352K (Approval of plan)

Section 352K(3), from ‘section 352F’—
omit, insert—

section 352F or 352S, the chief executive has not decided to approve, or refuse to approve, the plan.

349   Amendment of s 352Q (Amending plan by agreement)

(1)Section 352Q—
insert—

(1A)Without limiting subsection (1)(b), the owner may, within 10 business days after a change in ownership of the dam, ask the chief executive to amend the approved emergency action plan to—

(a)record the change in ownership of the dam; and

(b)make other changes to the plan required because of the change in ownership.

(2)Section 352Q(4), ‘given the owner notice of the decision’—
omit, insert—

decided to approve or refuse to approve the amendment

350   Amendment of s 352S (Renewal of plan)

(1)Section 352S(2), ‘1 month’—
omit, insert—

2 months

(2)Section 352S—
insert—

(3)The chief executive must decide to approve or refuse to approve the new emergency action plan under subdivision 4.

351   Replacement of s 366 (Sections 366–369 not used)

Section 366—
omit, insert—

366   Changes in dam ownership

(1)This section applies if there is a change in ownership of—

(a)a referable dam; or

(b)a dam that has been failure impact assessed under this part and of which a further failure impact assessment is required to be completed under section 345(2)(b).

(2)The former owner of the dam must, within 10 business days after the change in ownership of the dam, give the chief executive notice of the change.

Note—

Under chapter 5, part 8, division 2, the chief executive, regulator or an authorised officer may give a person a compliance notice if the chief executive, regulator or authorised officer reasonably believes the person is contravening a provision of this Act.

(3)The notice must state—

(a)the name of the dam; and

(b)the date of the change in ownership; and

(c)the real property description of the land on which the dam is situated; and

(d)contact details for the new owner, including, for example, the new owner’s name and address; and

(e)if the new owner is a corporation—

(i)the new owner’s ABN or ACN; and

(ii)the name of the new owner’s chief executive officer (however described).

(4)The former owner of the dam must ensure all relevant documentation for the dam is given to the new owner of the dam within 10 business days after the change in ownership of the dam.

Note—

Under chapter 5, part 8, division 2, the chief executive, regulator or an authorised officer may give a person a compliance notice if the chief executive, regulator or authorised officer reasonably believes the person is contravening a provision of this Act.

(5)In this section—

relevant documentation, for a dam, means—

(a)documentation required for the dam under chapter 4, including, for example, documentation required for the dam under a safety condition; or

(b)documentation under chapter 5 that relates to the dam, including, for example, a compliance notice relating to the dam.

367   Sections 367–369 not used

See editor’s note for section 1.

352   Amendment of s 390 (Minister may declare temporary full supply level)

Section 390(4)(b)(ii), ‘6 months’—
omit, insert—

1 year

353   Insertion of new ch 10, pt 12

Chapter 10—
insert—

Part 12    Transitional provisions for Natural Resources and Other Legislation Amendment Act 2019

675   Definition for part

In this part—

former, in relation to a provision, means as in force from time to time before the commencement of the section in which the term is used.

676   Application of new s 161

(1)This section applies if, immediately before the commencement, a local government or a local government entity supplied a reticulated water service or sewerage service (the service) in the local government area for the local government.

(2)If the local government declared a service area for the service under former section 161(1)—

(a)the service area is taken to be declared, under new section 161(2), as a service area for the service; and

(b)the local government or the local government entity is taken to be declared, under new section 161(2), as the service provider for the service in the service area.

(3)If the local government had not declared a service area for the service under former section 161(1)—

(a)new section 161(3) does not apply to the local government; and

(b)the local government must make a declaration in relation to the service under new section 161(2) within 1 year of the commencement.

(4)In this section—

new, in relation to a provision, means as in force on the commencement.

reticulated water service see section 161(10).

677   Continued application of former s 390

Former section 390(4)(b)(ii) continues to apply in relation to a declaration made under that section before the commencement.

354   Amendment of sch 3 (Dictionary)

(1)Schedule 3, definition service provider—
omit.

(2)Schedule 3—
insert—

local government entity see the Local Government Act 2009, section 216A.

service provider—

(a)of a retail water service or sewerage service in a service area, for chapter 2, part 5, see section 160; or

(b)generally—means a water service provider or a sewerage service provider.

(3)Schedule 3, definition sewerage service, paragraph 2(b)(ii), ‘under the Body Corporate and Community Management Act 1997’—
omit, insert—

, however described, established under an Act

(4)Schedule 3, definition sewerage service, paragraph 2(b)(ii)—
insert—

Examples of body corporates for community title schemes—

•a body corporate under the Body Corporate and Community Management Act 1997

•a community body corporate or a precinct body corporate under the Mixed Use Development Act 1993

•the primary thoroughfare body corporate or the principal body corporate under the Sanctuary Cove Resort Act 1985

(5)Schedule 3, definition water service, paragraph 2(b)(ii), ‘under the Body Corporate and Community Management Act 1997’—
omit, insert—

, however described, established under an Act

(6)Schedule 3, definition water service, paragraph 2(b)(ii)—
insert—

Examples of body corporates for community title schemes—

•a body corporate under the Body Corporate and Community Management Act 1997

•a community body corporate or a precinct body corporate under the Mixed Use Development Act 1993

•the primary thoroughfare body corporate or the principal body corporate under the Sanctuary Cove Resort Act 1985

Chapter 7    Amendments of other Acts

Part 1    Amendment of Electricity Act 1994

355   Act amended

This part amends the Electricity Act 1994.

356   Amendment of s 259A (Regulation may declare a State electricity entity)

Section 259A, heading, after ‘entity’—
insert—

for particular purposes

357   Amendment of sch 5 (Dictionary)

Schedule 5, definition State electricity entity, paragraph (b)—
omit, insert—

(b)an entity that is a GOC, a GOC subsidiary or a government company if—

(i)the activities of the entity relate to the electricity industry, or the national electricity market within the meaning of the National Electricity (Queensland) Law; and

(ii)the entity is declared by regulation to be a State electricity entity; or

(c)Ergon Energy Retail.

Part 1A    Amendment of Planning Act 2016

357A    Act amended

This part amends the Planning Act 2016.

357B    Insertion of new ch 8, pt 6

Chapter 8—
insert—

Part 6    Validation and transitional provisions for particular matters

348   Validation of particular development approvals

(1)This section applies in relation to a development approval, whether or not the approval is still in force, that—

(a)was granted or amended on or after 15 September 2000 but before the commencement; and

(b)relates, or related, to the clearing of native vegetation.

(2)The grant or amendment of the development approval is, and is taken to have always been, as valid as it would have been if a reference to infrastructure in a relevant provision always included a reference to a building, or other structure, built or used for any purpose.

(3)Anything done under the development approval is, and is taken to have always been, as valid and lawful as it would have been if a reference to infrastructure in a relevant provision always included a reference to a building, or other structure, built or used for any purpose.

(4)To remove any doubt it is declared that a reference in this section to the grant or amendment of the development approval includes the imposition of conditions on the approval.

(5)In this section—

relevant provision, in relation to the grant or amendment of a development approval, means—

(a)if the repealed Integrated Planning Act 1997, as in force before 4 October 2004, applied to the grant or amendment—the repealed Integrated Planning Act 1997, schedule 8, section 22, definitions essential management and routine management; or

(b)if the repealed Integrated Planning Act 1997, as in force on or after 4 October 2004, applied to the grant or amendment—the repealed Integrated Planning Act 1997, schedule 10, definitions essential management and routine management; or

(c)if the repealed Sustainable Planning Act 2009 applied to the grant or amendment—the repealed Sustainable Planning Regulation 2009, schedule 26, definitions essential management and routine management; or

(d)if this Act applied to the grant or amendment—the Planning Regulation 2017, schedule 24, definitions essential management and routine management.

349   Particular existing applications

(1)This section applies in relation to an application for the grant or amendment of a development approval—

(a)made on or after 15 September 2000 under this Act, the repealed Sustainable Planning Act 2009 or the repealed Integrated Planning Act 1997; but

(b)not decided before the commencement.

(2)For the purpose of deciding the application, a reference to infrastructure in a relevant provision includes, and is taken to have always included, a reference to a building, or other structure, built or used for any purpose.

(3)In this section—

deciding, an application, includes dealing with the application.

relevant provision, in relation to an application for the grant or amendment of a development approval, means—

(a)if the repealed Integrated Planning Act 1997, as in force before 4 October 2004, applies to deciding the application—the repealed Integrated Planning Act 1997, schedule 8, section 22, definitions essential management and routine management; or

(b)if the repealed Integrated Planning Act 1997, as in force on or after 4 October 2004, applies to deciding the application—the repealed Integrated Planning Act 1997, schedule 10, definitions essential management and routine management; or

(c)if the repealed Sustainable Planning Act 2009 applies to deciding the application—the repealed Sustainable Planning Regulation 2009, schedule 26, definitions essential management and routine management; or

(d)if this Act applies to deciding the application—the Planning Regulation 2017, schedule 24, definitions essential management and routine management.

350   Validation of particular operational work

(1)This section applies in relation to operational work, that is the clearing of native vegetation, if the work was carried out—

(a)on or after 15 September 2000 but before the commencement; and

(b)without a development approval.

(2)The carrying out of the work without a development approval is, and is taken to have always been, as valid and lawful as it would have been if, at the time the work was carried out, a reference to infrastructure in a relevant provision included a reference to a building, or other structure, built or used for any purpose.

(3)In this section—

relevant provision means—

(a)in relation to operational work carried out before 4 October 2004—the repealed Integrated Planning Act 1997, schedule 8, section 22, definitions essential management and routine management; or

(b)in relation to operational work carried out on or after 4 October 2004 but before 18 December 2009—the repealed Integrated Planning Act 1997, schedule 10, definitions essential management and routine management; or

(c)in relation to operational work carried out on or after 18 December 2009 but before 3 July 2017—the repealed Sustainable Planning Regulation 2009, schedule 26, definitions essential management and routine management; or

(d)in relation to operational work carried out on or after 3 July 2017—the Planning Regulation 2017, schedule 24, definitions essential management and routine management.

Part 1B    Amendment of Planning Regulation 2017

357C    Regulation amended

This part amends the Planning Regulation 2017.

357D    Amendment of sch 24 (Dictionary)

Schedule 24—
insert—

infrastructure, for the definitions essential management and routine management, includes a building, or other structure, built or used for any purpose.

Note—

See also schedule 2 of the Act, definition infrastructure.

Part 2    Amendment of Right to Information Act 2009

358   Act amended

This part amends the Right to Information Act 2009.

359   Amendment of sch 2 (Entities to which this Act does not apply)

Schedule 2, part 2—
insert—

13ACleanCo Queensland Limited ACN 628 008 159, or a subsidiary of CleanCo Queensland Limited, in relation to its functions, except so far as they relate to community service obligations

Part 2A    Amendment of Vegetation Management Act 1999

359A    Act amended

This part amends the Vegetation Management Act 1999.

359B    Amendment of s 70A (Application of development approvals and exemptions for Forestry Act)

Section 70A(6)—
insert—

infrastructure includes a building, or other structure, built or used for any purpose.

359C    Amendment of pt 6, hdg (Transitional and declaratory provisions)

Part 6, heading, ‘and declaratory provisions’—
omit, insert—

, declaratory and validation provisions

359D    Insertion of new pt 6, div 14

Part 6—
insert—

Division 14 Validation provisions for particular matters

145   Definition for part

In this part—

amended extractive industry definition means the schedule, definition extractive industry, as in force immediately after the commencement.

146   Validation of particular decisions under s 22A

(1)This section applies in relation to a decision of the chief executive under section 22A made on or after 21 May 2004 but before the commencement.

(2)The decision is, and is taken to have always been, as valid as it would have been if, at the time the decision was made—

(a)a reference to built infrastructure in section 22A or the schedule included a reference to a building, or other structure, built or used for any purpose; and

(b)a reference to extractive industry in section 22A had the meaning given by the amended extractive industry definition.

(3)Anything done as a result of the decision is, and is taken to have always been, as valid and lawful as it would have been if, at the time the decision was made—

(a)a reference to built infrastructure in section 22A or the schedule included a reference to a building, or other structure, built or used for any purpose; and

(b)a reference to extractive industry in section 22A had the meaning given by the amended extractive industry definition.

147   Validation of use of particular forest products

(1)This section applies in relation to a forest product cleared on or after 21 May 2004 but before the commencement.

(2)The use of the forest product is, and is taken to have always been, as valid and lawful as it would have been if, at the time the product was used, a reference to infrastructure in section 70A(5) included a reference to a building, or other structure, built or used for any purpose.

148   Validation of accepted development vegetation clearing code and particular activities

(1)This section applies in relation to an accepted development vegetation clearing code made before the commencement.

(2)The making of the code is, and is taken to have always been, as valid as it would have been if, at the time the code was made—

(a)a reference to built infrastructure in the schedule, definition relevant infrastructure activities included a reference to a building, or other structure, built or used for any purpose; and

(b)a reference to extractive industry in section 19O had the meaning given by the amended extractive industry definition.

(3)Activity to which the code applied or applies is, and is taken to have always been, as valid and lawful as it would have been if, at the time the code was made—

(a)a reference to built infrastructure in the schedule, definition relevant infrastructure activities included a reference to a building, or other structure, built or used for any purpose; and

(b)a reference to extractive industry in section 19O had the meaning given by the amended extractive industry definition.

359E    Amendment of schedule (Dictionary)

(1)Schedule—
insert—

built infrastructure includes a building, or other structure, built or used for any purpose.

(2)Schedule, definition extractive industry, paragraph (b), example, ‘infrastructure’—
omit, insert—

structures

Part 3    Minor and consequential amendments

360   Legislation amended

Schedule 1 amends the legislation it mentions.

Schedule 1 Legislation amended

section 360

Nature Conservation Act 1992

1   Section 43L(2)(a), ‘Minister administering the Land Act 1994’—

omit, insert—

chief executive (lands)

Water Act 2000

1   Section 40A(5), ‘106(4)’—

omit, insert—

106(3)

2   Section 114(7), ‘person’—

omit, insert—

entity

3   Section 119(2)(a), ‘Land Protection (Pest and Stock Route Management) Act 2002’—

omit, insert—

Stock Route Management Act 2002

4   Section 691(1)(c), ‘700 or’—

omit.

5   Section 784(1)(c), ‘934’—

omit, insert—

786

6   Section 972H(2), ‘persons’—

omit, insert—

entities

7   Section 972H(2) and (3), ‘the person’—

omit, insert—

the entity

8   Section 972H(2)(b), ‘a person’—

omit, insert—

an entity

9    Section 1207(4), note—

omit, insert—

Note—

Section 37 was repealed by the Water Reform and Other Legislation Amendment Act 2014, section 67. For notices of works and water use, see section 36.

10    Section 1218(3)—

insert—

Note—

Section 206 was repealed by the Water Reform and Other Legislation Amendment Act 2014, section 67. For applications for water licences, see section 107.

11   Schedule 4, definition owner’s notice, ‘37(2)’—

omit, insert—

36(2)

Water Regulation 2016

1   Schedule 19, definition Queensland Government business and industry portal—

omit.

© State of Queensland 2019