Natural Resources Legislation Amendment Regulation (No. 2) 1998 (Qld)

Queensland Subordinate Legislation 1998 No. 243 Aboriginal Land Act 1991 Torres Strait Islander Land Act 1991 NATURAL RESOURCES LEGISLATION AMENDMENT REGULATION (No. 2) 1998 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 PART 2—AMENDMENT OF ABORIGINAL LAND REGULATION 1991 3 Regulation amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Amendment of s 2 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 Amendment of s 19 (Incorporation of grantees as land trust) . . . . . . . . . . . 4 6 Insertion of new ss 21A and 21B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 21A Adoption of rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 21B Content of rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 7 Insertion of new pt 3, divs 4–6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Division 4—Accounts, annual financial statements and audit requirements 35A Accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 35B Annual financial statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 35C Audit requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Division 5—General meetings 35D Holding of general meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

2 Natural Resources Legislation Amendment (No. 2) No. 243, 1998 35E Material to be given to land claims registrar after annual general meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Division 6—Land trust register 35F Land trust register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 8 Insertion of new pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 PART 9—TRANSITIONAL 63 First rules for land trust already in existence . . . . . . . . . . . . . . . . . . 9 64 First financial year for applying pt 3, divs 4 and 5 . . . . . . . . . . . . . . 9 PART 3—AMENDMENT OF TORRES STRAIT ISLANDER LAND REGULATION 1991 9 Regulation amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 10 Amendment of s 2 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 11 Amendment of s 19 (Incorporation of grantees as Land Trust) . . . . . . . . . . 10 12 Insertion of new ss 21A and 21B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 21A Adoption of rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 21B Content of rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 13 Insertion of new pt 3, divs 4–6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Division 4—Accounts, annual financial statements and audit requirements 35A Accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 35B Annual financial statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 35C Audit requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Division 5—General meetings 35D Holding of general meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 35E Material to be given to land claims registrar after annual general meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Division 6—Land trust register 35F Land trust register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 14 Insertion of new pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 PART 9—TRANSITIONAL 58 First rules for land trust already in existence . . . . . . . . . . . . . . . . . . 15 59 First financial year for applying pt 3, divs 4 and 5 . . . . . . . . . . . . . . 15

s1 3 s4 Natural Resources Legislation Amendment (No. 2) No. 243, 1998 PART 1—PRELIMINARY ˙ Short title 1. This regulation may be cited as the Natural Resources Legislation Amendment Regulation (No. 2) 1998 . ˙ Commencement 2. This regulation commences on 1 September 1998. PART 2—AMENDMENT OF ABORIGINAL LAND REGULATION 1991 ˙ Regulation amended in pt 2 3. This part amends the Aboriginal Land Regulation 1991 . ˙ Amendment of s 2 (Interpretation) 4.(1) Section 2, heading— omit, insert— ‘ Definitions ’. (2) Section 2, definition “rules” — omit. (3) Section 2— insert— ‘ “approved form” means a form approved by the chief executive under section 137B 1 of the Act. 1 Section 137B (Approval of forms) of the Act.

s5 4 s6 Natural Resources Legislation Amendment (No. 2) No. 243, 1998 “executive committee” , of a land trust, means the committee of the land trust primarily responsible for the management of the land trust. “general meeting” means an annual general meeting or special general meeting. “rules” , of an association or land trust, means the rules of the association or land trust as in force from time to time.’. ˙ Amendment of s 19 (Incorporation of grantees as land trust) 5.(1) Section 19(3)— renumber as section 19(4). (2) Section 19— insert— ‘ (3) The name of a land trust must include the words ‘Land Trust’ as the last 2 words of its name.’. ˙ Insertion of new ss 21A and 21B 6. After section 21— insert— ˙ ‘ Adoption of rules ‘ 21A.(1) A land trust must adopt rules governing the land trust. ‘ (2) A land trust must adopt its first rules as soon as practicable after it comes into existence. ‘ (3) Within 28 days after a land trust adopts its first rules, adopts changes to its rules or adopts new rules, the land trust must give the land claims registrar a copy of its rules. ˙ ‘ Content of rules ‘ 21B. The rules of a land trust must include provision for the following—

s7 5 s7 Natural Resources Legislation Amendment (No. 2) No. 243, 1998 (a) the constitution and functions of the land trust’s executive committee; (b) the process for decision making by the land trust and its committees; (c) the creation of the land trust’s executive offices and the procedure for filling the offices; (d) the appointment of a person to act in the position of a member of the executive committee when the member is, or is to be, absent; (e) the procedure for settling disputes between the land trust and the individual grantees forming the land trust; (f) a requirement for quarterly, or more frequent, meetings of the executive committee, and how the meetings are to be held; (g) the way the land trust’s general meetings are to be called and held; (h) requirements for managing trust property, including requirements for the following— (i) keeping records of the land trust’s transactions; (ii) procedures for authorising payments, and for making payments, out of the land trust’s funds; (iii) keeping control over trust property; (iv) procedures for incurring liabilities by or for the land trust; (i) the procedure for adopting changes to the rules of the land trust and for adopting new rules.’. ˙ Insertion of new pt 3, divs 4–6 7. Part 3— insert—

s7 6 s7 Natural Resources Legislation Amendment (No. 2) No. 243, 1998 ‘ Division 4—Accounts, annual financial statements and audit requirements ˙ ‘ Accounts ‘ 35A.(1) A land trust must establish the accounts necessary or convenient for its operation as a land trust. ‘ (2) The land trust must make sure its accounts are kept properly. ˙ ‘ Annual financial statement ‘ 35B. A land trust must— (a) by 30 September each year, prepare and adopt an annual financial statement for the financial year most recently ended; and (b) within 28 days after adopting the statement, give a copy of it to the land claims registrar. ˙ ‘ Audit requirements ‘ 35C.(1) A land trust must have its accounts audited for each financial year by a person who is— (a) a member of the Australian Society of Certified Practising Accountants; or (b) a member of the Institute of Chartered Accountants in Australia; or (c) a person approved in writing by the land claims registrar as having the necessary skills and experience for conducting the audit. ‘ (2) The land trust must make sure the audit is completed, and it receives the audit report, by 30 November in the financial year after the financial year for which the accounts are audited. ‘ (3) The land trust must give the land claims registrar a copy of the audit report within 28 days after the land trust receives it.

s7 7 s7 Natural Resources Legislation Amendment (No. 2) No. 243, 1998 ‘ (4) Despite subsections (1) to (3), a land trust is not required to have its accounts audited for a financial year (the “latest financial year” ) if— (a) the land trust’s total income from all sources for the latest financial year is $10 000 or less; and (b) the land trust’s accounts were audited for either of the last 2 financial years before the latest financial year. ‘ Division 5—General meetings ˙ ‘ Holding of general meetings ‘ 35D.(1) A land trust must hold an annual general meeting as soon as practicable after the end of each financial year. ‘ (2) A land trust may hold a special general meeting at any time. ‘ (3) General meetings of a land trust must be called and conducted in the way required under the rules of the land trust. ‘ (4) A land trust must make sure full and accurate minutes are taken of each general meeting. ˙ ‘ Material to be given to land claims registrar after annual general meeting ‘ 35E.(1) As soon as practicable after a land trust holds an annual general meeting after the end of a financial year, it must give the land claims registrar— (a) a copy of the minutes of the meeting; and (b) a compliance statement for the financial year; and (c) a list stating the names and addresses of the current members of the land trust’s executive committee; and (d) the names and addresses of all the grantees for the time being forming the land trust.

s7 8 s7 Natural Resources Legislation Amendment (No. 2) No. 243, 1998 ‘ (2) In this section— “compliance statement” , for a financial year, means a statement in the approved form about a land trust’s compliance in the financial year with the obligations imposed on it under the Act and the rules of the land trust. ‘ Division 6—Land trust register ˙ ‘ Land trust register ‘ 35F.(1) The land claims registrar must establish and maintain a land trust register. ‘ (2) The land claims registrar must include in the land trust register the following information about each land trust— (a) the land trust’s name; (b) the address for service of documents; (c) the names and addresses of all the grantees for the time being forming the land trust; (d) the names and addresses of the persons who are the members of the land trust’s executive committee; (e) a description of all the land for which the land trust is formed; (f) copies of annual financial statements and audit reports the land claims registrar has received from the land trust; (g) a copy of the rules of the land trust. ‘ (3) A land trust must give the land claims registrar all the information the land claims registrar reasonably requires it to give for making sure the information in the land trust register about the land trust is accurate and up-to-date.’.

s8 9 s8 Natural Resources Legislation Amendment (No. 2) No. 243, 1998 ˙ Insertion of new pt 9 8. After section 62— insert— ‘ PART 9—TRANSITIONAL ˙ ‘ First rules for land trust already in existence ‘ 63. A land trust in existence at the commencement of this section must adopt its first rules under sections 21A and 21B 2 as soon as practicable after the commencement. ˙ ‘ First financial year for applying pt 3, divs 4 and 5 ‘ 64.(1) The first financial year to which sections 35B, 35C(1), 35D and 35E 3 apply is the 1998–1999 financial year. ‘ (2) To avoid doubt about the application of section 35C(4) for the 1998–1999 and 1999–2000 financial years, it is declared that— (a) a land trust is not required to have its accounts audited for the 1998–1999 financial year if the land trust’s total income from all sources for the 1998–1999 financial year is $10 000 or less; and (b) a land trust is not required to have its accounts audited for the 1999–2000 financial year if the land trust’s total income from all sources for the 1999–2000 financial year is $10 000 or less, whether or not the land trust was required to have its accounts audited for the 1998–1999 financial year.’. 2 Sections 21A (Adoption of rules) and 21B (Content of rules) 3 Section 35B (Annual financial statement) Section 35C (Audit requirements) Section 35D (Holding of general meetings) Section 35E (Material to be given to land claims registrar after annual general meeting)

s 9 10 s 11 Natural Resources Legislation Amendment (No. 2) No. 243, 1998 PART 3—AMENDMENT OF TORRES STRAIT ISLANDER LAND REGULATION 1991 ˙ Regulation amended in pt 3 9. This part amends the Torres Strait Islander Land Regulation 1991 . ˙ Amendment of s 2 (Interpretation) 10.(1) Section 2, heading— omit, insert— ‘ Definitions ’. (2) Section 2, definition “rules” — omit. (3) Section 2— insert— ‘ “approved form” means a form approved by the chief executive under section 137B 4 of the Act. “executive committee” , of a land trust, means the committee of the land trust primarily responsible for the management of the land trust. “general meeting” means an annual general meeting or special general meeting. “rules” , of an association or land trust, means the rules of the association or land trust as in force from time to time.’. ˙ Amendment of s 19 (Incorporation of grantees as Land Trust) 11.(1) Section 19(3)— renumber as section 19(4). 4 Section 137B (Approval of forms) of the Act.

s 12 11 s 12 Natural Resources Legislation Amendment (No. 2) No. 243, 1998 (2) Section 19— insert— ‘ (3) The name of a land trust must include the words ‘Land Trust’ as the last 2 words of its name.’. ˙ Insertion of new ss 21A and 21B 12. After section 21— insert— ˙ ‘ Adoption of rules ‘ 21A.(1) A land trust must adopt rules governing the land trust. ‘ (2) A land trust must adopt its first rules as soon as practicable after it comes into existence. ‘ (3) Within 28 days after a land trust adopts its first rules, adopts changes to its rules or adopts new rules, the land trust must give the land claims registrar a copy of its rules. ˙ ‘ Content of rules ‘ 21B. The rules of a land trust must include provision for the following— (a) the constitution and functions of the land trust’s executive committee; (b) the process for decision making by the land trust and its committees; (c) the creation of the land trust’s executive offices and the procedure for filling the offices; (d) the appointment of a person to act in the position of a member of the executive committee when the member is, or is to be, absent; (e) the procedure for settling disputes between the land trust and the individual grantees forming the land trust;

s 13 12 s 13 Natural Resources Legislation Amendment (No. 2) No. 243, 1998 (f) a requirement for quarterly, or more frequent, meetings of the executive committee, and how the meetings are to be held; (g) the way the land trust’s general meetings are to be called and held; (h) requirements for managing trust property, including requirements for the following— (i) keeping records of the land trust’s transactions; (ii) procedures for authorising payments, and for making payments, out of the land trust’s funds; (iii) keeping control over trust property; (iv) procedures for incurring liabilities by or for the land trust; (i) the procedure for adopting changes to the rules of the land trust and for adopting new rules.’. ˙ Insertion of new pt 3, divs 4–6 13. Part 3— insert— ‘ Division 4—Accounts, annual financial statements and audit requirements ˙ ‘ Accounts ‘ 35A.(1) A land trust must establish the accounts necessary or convenient for its operation as a land trust. ‘ (2) The land trust must make sure its accounts are kept properly. ˙ ‘ Annual financial statement ‘ 35B. A land trust must— (a) by 30 September each year, prepare and adopt an annual financial statement for the financial year most recently ended; and (b) within 28 days after adopting the statement, give a copy of it to the land claims registrar.

s 13 13 s 13 Natural Resources Legislation Amendment (No. 2) No. 243, 1998 ˙ ‘ Audit requirements ‘ 35C.(1) A land trust must have its accounts audited for each financial year by a person who is— (a) a member of the Australian Society of Certified Practising Accountants; or (b) a member of the Institute of Chartered Accountants in Australia; or (c) a person approved in writing by the land claims registrar as having the necessary skills and experience for conducting the audit. ‘ (2) The land trust must make sure the audit is completed, and it receives the audit report, by 30 November in the financial year after the financial year for which the accounts are audited. ‘ (3) The land trust must give the land claims registrar a copy of the audit report within 28 days after the land trust receives it. ‘ (4) Despite subsections (1) to (3), a land trust is not required to have its accounts audited for a financial year (the “latest financial year” ) if— (a) the land trust’s total income from all sources for the latest financial year is $10 000 or less; and (b) the land trust’s accounts were audited for either of the last 2 financial years before the latest financial year. ‘ Division 5—General meetings ˙ ‘ Holding of general meetings ‘ 35D.(1) A land trust must hold an annual general meeting as soon as practicable after the end of each financial year. ‘ (2) A land trust may hold a special general meeting at any time. ‘ (3) General meetings of a land trust must be called and conducted in the way required under the rules of the land trust.

s 13 14 s 13 Natural Resources Legislation Amendment (No. 2) No. 243, 1998 ‘ (4) A land trust must make sure full and accurate minutes are taken of each general meeting. ˙ ‘ Material to be given to land claims registrar after annual general meeting ‘ 35E.(1) As soon as practicable after a land trust holds an annual general meeting after the end of a financial year, it must give the land claims registrar— (a) a copy of the minutes of the meeting; and (b) a compliance statement for the financial year; and (c) a list stating the names and addresses of the current members of the land trust’s executive committee; and (d) the names and addresses of all the grantees for the time being forming the land trust. ‘ (2) In this section— “compliance statement” , for a financial year, means a statement in the approved form about a land trust’s compliance in the financial year with the obligations imposed on it under the Act and the rules of the land trust. ‘ Division 6—Land trust register ˙ ‘ Land trust register ‘ 35F.(1) The land claims registrar must establish and maintain a land trust register. ‘ (2) The land claims registrar must include in the land trust register the following information about each land trust— (a) the land trust’s name; (b) the address for service of documents; (c) the names and addresses of all the grantees for the time being forming the land trust;

s 14 15 s 14 Natural Resources Legislation Amendment (No. 2) No. 243, 1998 (d) the names and addresses of the persons who are the members of the land trust’s executive committee; (e) a description of all the land for which the land trust is formed; (f) copies of annual financial statements and audit reports the land claims registrar has received from the land trust; (g) a copy of the rules of the land trust. ‘ (3) A land trust must give the land claims registrar all the information the land claims registrar reasonably requires it to give for making sure the information in the land trust register about the land trust is accurate and up-to-date.’. ˙ Insertion of new pt 9 14. After section 57— insert— ‘ PART 9—TRANSITIONAL ˙ ‘ First rules for land trust already in existence ‘ 58. A land trust in existence at the commencement of this section must adopt its first rules under sections 21A and 21B 5 as soon as practicable after the commencement. ˙ ‘ First financial year for applying pt 3, divs 4 and 5 ‘ 59.(1) The first financial year to which sections 35B, 35C(1), 35D and 35E 6 apply is the 1998–1999 financial year. 5 Sections 21A (Adoption of rules) and 21B (Content of rules) 6 Section 35B (Annual financial statement) Section 35C (Audit requirements) Section 35D (Holding of general meetings) Section 35E (Material to be given to land claims registrar after annual general meeting)

s 14 16 s 14 Natural Resources Legislation Amendment (No. 2) No. 243, 1998 ‘ (2) To avoid doubt about the application of section 35C(4) for the 1998–1999 and 1999–2000 financial years, it is declared that— (a) a land trust is not required to have its accounts audited for the 1998–1999 financial year if the land trust’s total income from all sources for the 1998–1999 financial year is $10 000 or less; and (b) a land trust is not required to have its accounts audited for the 1999–2000 financial year if the land trust’s total income from all sources for the 1999–2000 financial year is $10 000 or less, whether or not the land trust was required to have its accounts audited for the 1998–1999 financial year.’. ENDNOTES 1. Made by the Governor in Council on 27 August 1998. 2. Notified in the gazette on 28 August 1998. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Natural Resources. © State of Queensland 1998