Primary Producers' (Levy on Cane Growers) Amendment Regulation (No. 1) 1994 (Qld)

Queensland Subordinate Legislation 1994 No. 235 Primary Producers’ Organisation and Marketing Act 1926 PRIMARY PRODUCERS’ (LEVY ON CANE GROWERS) AMENDMENT REGULATION (No. 1) 1994 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Insertion of new ss 13A and 13B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 13A Plane Creek Central Mill Suppliers’ Committee may make a particular levy to fund certain costs of a proposal for a sugarcane railway line . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 13B Plane Creek Central Mill Suppliers’ Committee may make a further particular levy to fund construction of a sugarcane railway line . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Replacement of s 15 (Limitation on power to make a particular levy) . . . 4 15 Limitation on power to make a particular levy . . . . . . . . . . . . . . . . . 4 5 Amendment of s 16 (Request to hold a poll) . . . . . . . . . . . . . . . . . . . . . . . . 4 6 Insertion of new Sch 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 SCHEDULE 7 PARTICULAR LEVY BY PLANE CREEK CENTRAL MILL SUPPLIERS’ COMMITTEE—CONSTRUCTION OF RAILWAY LINE

s1 2 s3 Primary Producers’ (Levy on Cane Growers) No. 235, 1994 Amendment (No. 1) ˙ Short title 1. This regulation may be cited as the Primary Producers’ (Levy on Cane Growers) Amendment Regulation (No. 1) 1994 . ˙ Regulation amended 2. This regulation amends the PrimaryProducers’(LevyonCaneGrowers) Regulation 1994 . ˙ Insertion of new ss 13A and 13B 3. After section 13— insert— ˙ ‘ Plane Creek Central Mill Suppliers’ Committee may make a particular levy to fund certain costs of a proposal for a sugarcane railway line ‘ 13A.(1) The Plane Creek Central Mill Suppliers’ Committee may make a particular levy on growers who supply sugarcane to the Plane Creek Central Mill and deliver the sugarcane to a place at or near one of the following places— (a) Mount Christian; (b) Ilbilbie; (c) West Hill; (d) Orkabie; (e) Tinerta; (f) Karloo; (g) Carmila; (h) Carmila West; (i) Flaggy Rock. ‘ (2) Before making a levy under this section, the mill suppliers’ committee must obtain the consent of the Queensland Cane Growers’ Council.

s3 3 s3 Primary Producers’ (Levy on Cane Growers) No. 235, 1994 Amendment (No. 1) ‘ (3) The levy is 36 cents per tonne of sugarcane supplied by the grower to the mill. ‘ (4) Subject to section 14 (Application of unused funds raised by a particular levy), the amount raised by a levy made under this section may be spent only on investigations, feasibility studies and other costs relating to the proposal for the construction of a sugarcane railway line between the junction of the railway line at the township of Koumala and the place known as Karloo. ˙ ‘ Plane Creek Central Mill Suppliers’ Committee may make a further particular levy to fund construction of a sugarcane railway line ‘ 13B.(1) The Plane Creek Central Mill Suppliers’ Committee may make a further particular levy on growers who supply sugarcane to the Plane Creek Central Mill and— (a) deliver the sugarcane to a place at or near— (i) an existing or proposed section of the railway line mentioned in Schedule 7; or (ii) Carmila, Carmila West, or Beach Road, Carmila; or (b) grow the sugarcane in a place known as Flaggy Rock south of grid reference AMG 75 71000 mN on Carmila map number 8754. 1 ‘ (2) Before making a levy under this section, the mill suppliers’ committee must obtain the consent of the Queensland Cane Growers’ Council. ‘ (3) The levy is— (a) for a grower mentioned in subsection (1)(a)(i)—the relevant amount specified in Schedule 7; and (b) for a grower mentioned in subsection (1)(a)(ii)—the amount calculated at the rate of $1.57 per tonne of sugarcane supplied by the grower to the mill; and 1 The map may be inspected at the office of the Department of Lands at the corner of Wood and River Streets, Mackay.

s4 4 s5 Primary Producers’ (Levy on Cane Growers) No. 235, 1994 Amendment (No. 1) (c) for a grower mentioned in subsection (1)(b)—the amount calculated at the rate of $1.72 per tonne of sugarcane supplied by the grower to the mill. ‘ (4) The levy may be made for not more than 10 consecutive sugarcane crushing seasons of the mill, starting with the 1995 crushing season. ‘ (5) Subject to section 14 (Application of unused funds raised by a particular levy), the amount raised by a levy made under this section may be spent only on the following costs of the sugarcane railway line between the junction of the railway line at the township of Koumala and the place known as Karloo— (a) administration and development; (b) construction; (c) repayment of loans for the costs mentioned in paragraphs (a) and (b).’. ˙ Replacement of s 15 (Limitation on power to make a particular levy) 4. Section 15— omit, insert— ˙ ‘ Limitation on power to make a particular levy ‘ 15.(1) A body empowered to make a particular levy under Part 3 may make the levy from— (a) for a levy other than under section 13A or 13B—14 June 1994; or (b) for a levy under section 13A or 13B—19 July 1994. ‘ (2) Despite subsection (1), the body must not make the levy if, on a poll held under the Act, the majority of votes is against the making of the levy.’. ˙ Amendment of s 16 (Request to hold a poll) 5. Section 16(3)— omit, insert—

s6 5 s6 Primary Producers’ (Levy on Cane Growers) No. 235, 1994 Amendment (No. 1) ‘ (3) A request must be sent to the Minister by— (a) for a levy other than under section 13A or 13B—10 June 1994; or (b) for a levy under section 13A or 13B—15 July 1994.’. ˙ Insertion of new Sch 7 6. After Schedule 6— insert— ‘ SCHEDULE 7 ‘ PARTICULAR LEVY BY PLANE CREEK CENTRAL MILL SUPPLIERS’ COMMITTEE—CONSTRUCTION OF RAILWAY LINE section 13B(1)(a)(i) and (3)(a) Note—(1) The levy that may be made by the mill suppliers’ committee on a grower who delivers sugarcane to a place at or near an existing or proposed section of the railway line between Koumala and Karloo, described in column 1, is the amount calculated, for the tonnage of sugarcane supplied by the grower to the mill, at the rate specified opposite in column 2. (2) The section of railway line is between points on the line expressed as kilometres from the railway line junction at Koumala. Section of railway line between junction of line at Koumala and Karloo (km) Amount per tonne of sugarcane supplied to the mill ($) up to and no more than 2 0.30

s6 6 s6 Primary Producers’ (Levy on Cane Growers) No. 235, 1994 Amendment (No. 1) over 2 and no more than 5 over 5 and no more than 9 over 9 and no more than 11 over 11 and no more than 28 over 28 and no more than 33 over 33 and no more than 39 over 39 and no more than 41.5 over 41.5 and no more than 45 0.50 0.70 1.16 1.20 1.32 1.34 1.47 1.57’. ENDNOTES 1. Made by the Governor in Council on 30 June 1994. 2. Notified in the Gazette on 1 July 1994. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Primary Industries. © State of Queensland 1994