River Improvement Trust Amendment Regulation (No. 1) 2013 (Qld)

Queensland River Improvement Trust Amendment Regulation (No. 1) 2013 Subordinate Legislation 2013 No. 68 made under the River Improvement Trust Act 1940 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Insertion of new ss 3C–3F . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3C Changes to Johnstone Shire River Improvement Area and Trust . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3D Transfer of Cardwell Shire River Improvement Trust assets and liabilities to Cassowary Coast River Improvement Trust3 3E Abolition of Clifton and Jondaryan river improvement areas and trusts for the areas . . . . . . . . . . . . . . . . . . . . . . . 3 3F Vesting of Clifton and Jondaryan Shire River Improvement Trust assets and liabilities in Toowoomba Regional Council 4 4 Insertion of new pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Part 5 Transitional provisions for River Improvement Trust Amendment Regulation (No. 1) 2013 15 Definitions for pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 16 Improvement notices issued by Cardwell Shire River Improvement Trust . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 17 References to particular previous river improvement areas and trusts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 5 Amendment of schedule (River improvement areas and trusts continued in existence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

River Improvement Trust Amendment Regulation (No. 1) 2013 [s 1] 1 Short title This regulation may be cited as the River Improvement Trust Amendment Regulation (No. 1) 2013 . 2 Regulation amended This regulation amends the RiverImprovementTrustRegulation 1998. 3 Insertion of new ss 3C–3F After section 3B— insert — 3C Changes to Johnstone Shire River Improvement Area and Trust (1) The Johnstone Shire River Improvement Area is changed by adding all of the Cardwell Shire River Improvement Area. (2) The name of the river improvement area consisting of the Johnstone Shire River Improvement Area and Cardwell Shire River Improvement Area is changed to the Cassowary Coast River Improvement Area. (3) The name of the trust constituted for the Cassowary Coast River Improvement Area is changed from the Johnstone Shire River Improvement Trust to the Cassowary Coast River Improvement Trust. (4) In this section— Cardwell Shire River Improvement Area means the river improvement area to which that name was assigned under this regulation before the commencement of this section. Johnstone Shire River Improvement Area means the river improvement area to which that name was assigned under this regulation before the commencement of this section. Page 2 2013 SL No. 68

River Improvement Trust Amendment Regulation (No. 1) 2013 [s 3] 3D Transfer of Cardwell Shire River Improvement Trust assets and liabilities to Cassowary Coast River Improvement Trust (1) This section applies to the assets and liabilities that, immediately before the commencement of this section, were the assets and liabilities of the Cardwell Shire River Improvement Trust. (2) On the commencement of this section, the assets and liabilities become the assets and liabilities of the Cassowary Coast River Improvement Trust. (3) In this section— Cardwell Shire River Improvement Trust means the trust of that name that was in existence before the commencement of section 3C. Note — See section 3(3E) and (3F) of the Act. 3E Abolition of Clifton and Jondaryan river improvement areas and trusts for the areas (1) The following river improvement areas are abolished— (a) the river improvement area that, before the commencement of this section, was constituted and assigned the name Clifton Shire River Improvement Area; (b) the river improvement area that, before the commencement of this section, was constituted and assigned the name Jondaryan Shire River Improvement Area. (2) The trust for each river improvement area mentioned in subsection (1) is abolished. 2013 SL No. 68 Page 3

River Improvement Trust Amendment Regulation (No. 1) 2013 [s 4] 3F Vesting of Clifton and Jondaryan Shire River Improvement Trust assets and liabilities in Toowoomba Regional Council (1) This section applies to the assets and liabilities that, immediately before the commencement of this section, were the assets and liabilities of the Clifton Shire River Improvement Trust or Jondaryan Shire River Improvement Trust. (2) On the commencement of this section, the assets and liabilities are vested in the Toowoomba Regional Council. (3) In this section— Clifton Shire River Improvement Trust means the trust of that name that was in existence immediately before the commencement of section 3E. Jondaryan Shire River Improvement Trust means the trust of that name that was in existence immediately before the commencement of section 3E. 4 Insertion of new pt 5 After section 14— insert— Part 5 Transitional provisions for River Improvement Trust Amendment Regulation (No. 1) 2013 Page 4 15 Definitions for pt 5 In this part— Cardwell Shire River Improvement Trust see section 3D(3). 2013 SL No. 68

River Improvement Trust Amendment Regulation (No. 1) 2013 [s 4] commencement means the commencement of this section. 16 Improvement notices issued by Cardwell Shire River Improvement Trust (1) This section applies if— (a) before the commencement, the Cardwell Shire River Improvement Trust gave a person an improvement notice under section 11 of the Act; and (b) the improvement notice was in force immediately before the commencement. (2) The improvement notice has effect as if it had been given by the Cassowary Coast River Improvement Trust. 17 References to particular previous river improvement areas and trusts (1) From the commencement— (a) a reference in a document to a previous river improvement area may, if the context permits, be taken to be a reference to the Cassowary Coast River Improvement Area; and (b) a reference in a document to a previous trust may, if the context permits, be taken to be a reference to the Cassowary Coast River Improvement Trust. (2) In this section— previous river improvement area means the Cardwell Shire River Improvement Area or Johnstone Shire River Improvement Area. previous trust means the Cardwell Shire River Improvement Trust or Johnstone Shire River Improvement Trust. 2013 SL No. 68 Page 5

River Improvement Trust Amendment Regulation (No. 1) 2013 [s 5] 5 Amendment of schedule (River improvement areas and trusts continued in existence) (1) Schedule, entries for Cardwell Shire River Improvement Area, Clifton Shire River Improvement Area, Johnstone Shire River Improvement Area and Jondaryan Shire River Improvement Area— omit. (2) Schedule— insert— Cassowary Coast River Cassowary Coast River the local government Improvement Area Improvement Trust area of the Cassowary Coast Regional Council ENDNOTES 1 Made by the Governor in Council on 16 May 2013. 2 Notified in the gazette on 17 May 2013. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Natural Resources and Mines. © State of Queensland 2013 Authorised by the Parliamentary Counsel Page 6 2013 SL No. 68