Rural and Regional Adjustment Amendment Regulation (No. 4) 2006 (Qld)

Queensland Rural and Regional Adjustment Amendment Regulation (No. 4) 2006 Subordinate Legislation 2006 No. 249 made under the Rural and Regional Adjustment Act 1994 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Omission of s 2 (Notes in text) . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Amendment of s 6 (Adjustment package) . . . . . . . . . . . . . . . . . . 2 5 Amendment of s 7 (Approval of schemes)—Act, s 11 . . . . . . . . . 2 6 Insertion of new pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Part 4 Miscellaneous 8 Amendment of existing approved assistance scheme for primary producers—Act, s 54 . . . . . . . . . 3 9 Amendment of existing approved assistance scheme for small business—Act, s 54 . . . . . . . . . . . . 7 10 Amendment of existing approved enterprise assistance scheme for vegetation management—Act, s 54 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 10A Amendment of existing approved exit assistance scheme for vegetation management—Act, s 54. . . . . 11 10B Expiry of pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 7 Amendment of schedule (Approved assistance schemes). . . . . . 14

s1 2 s5 Rural and Regional Adjustment Amendment Regulation (No. 4) 2006 No. 249, 2006 1 Short title This regulation may be cited as the Rural and Regional Adjustment Amendment Regulation (No. 4) 2006 . 2 Regulation amended This regulation amends the RuralandRegionalAdjustmentRegulation 2000. 3 Omission of s 2 (Notes in text) Section 2— omit . 4 Amendment of s 6 (Adjustment package) Section 6(2), definition affected person , paragraph (a), from ‘under the Great ’— omit, insert— ‘under the Great Barrier Reef Marine Park Zoning Plan 2003 (Cwlth); and’. 5 Amendment of s 7 (Approval of schemes)—Act, s 11 Section 7— insert— ‘(k) the Natural Disaster Relief (Primary Producers) Scheme, set out in the schedule, part 11; (1) the Natural Disaster Relief (Small Business) Scheme, set out in the schedule, part 12; (m) the Queensland Vegetation Management Framework, Financial Assistance for Farm Businesses Enterprise Assistance Scheme, set out in the schedule, part 13; (n) the Queensland Vegetation Management Framework, Financial Assistance for Farm Businesses Exit Assistance Scheme, set out in the schedule, part 14.’.

s6 3 s6 Rural and Regional Adjustment Amendment Regulation (No. 4) 2006 No. 249, 2006 6 Insertion of new pt 4 After section 7— insert— ‘Part 4 Miscellaneous ‘8 Amendment of existing approved assistance scheme for primary producers—Act, s 54 ‘(1) The Natural Disaster Relief Assistance (Instantaneous for Primary Producers - Floods, Cyclones, Storms etc.) Scheme, a transitional scheme taken, under section 54 of the Act, to be an approved assistance scheme (the scheme ) is amended as stated in this section. ‘(2) The scheme, item 1 (Purpose of Support), last paragraph— omit, insert— ‘1.1 Interpretation ‘1.1.1 Definitions ‘ applicant means a person applying for assistance under the scheme. defined disaster area , for an eligible natural disaster, means an area that the Minister for Emergency Services has defined for the purpose of activating the natural disaster relief arrangements for the communities affected by the disaster. Editor’s note — At the commencement of this definition, defined disaster areas were published on QRAA’s website at < development see the IntegratedPlanningAct1997, schedule 10. eligible natural disaster see item 1.1.2. individual disaster stricken property see item 1.1.3. IDSP certificate , in relation to an applicant’s property, means a certificate— (a) issued by the chief executive; and

s6 4 s6 Rural and Regional Adjustment Amendment Regulation (No. 4) 2006 No. 249, 2006 (b) stating that, in the chief executive’s opinion, the applicant has suffered loss or damage from an eligible natural disaster that has significantly affected, or will significantly affect, the farming enterprise on the property. natural disaster relief arrangements means the funding arrangements agreed between the Commonwealth and the State for providing financial assistance to communities affected by natural disasters. Editor’s note — At the commencement of this definition, the funding arrangements were described in the document called ‘Natural Disaster Financial Assistance Arrangements within Queensland 2005/2006’, published by the Department of Emergency Services and available on that department’s website at < ‘1.1.2 Meaning of eligible natural disaster ‘An eligible natural disaster means any of the following events— (a) a bushfire; (b) a cyclone; (c) a flood; (d) an earthquake; (e) a storm, including any of, or any combination of, the following— (i) hail; (ii) rain; (iii) wind; (f) a storm surge; (g) a landslide caused by an event mentioned in paragraphs (a) to (f). ‘However, an eligible natural disaster does not include an event under this subitem if QRAA considers that development has significantly contributed to the event.

s6 5 s6 Rural and Regional Adjustment Amendment Regulation (No. 4) 2006 No. 249, 2006 ‘1.1.3 Meaning of individual disaster stricken property ‘A property is an individual disaster stricken property if— (a) the farming enterprise operated on the property has been, or will be, significantly affected by loss or damage from an eligible natural disaster; and (b) either— (i) there is no defined disaster area for the disaster; or (ii) there is a defined disaster area for the disaster and the property is not in the area.’. ‘(3) The scheme, item 2 (Application Procedures)— omit, insert— ‘ 2. Application Procedures ‘2.1 Applicants should contact a commercial lender or QRAA. ‘2.2 If an applicant is applying for assistance for a property on the basis that the property is an individual disaster stricken property, the applicant must ask the department for an IDSP certificate before making the application.’. ‘(4) The scheme, item 4 (Interest Rates), paragraphs (a) and (b)— omit, insert— ‘(a) If an applicant’s property is in the defined disaster area for the disaster to which the applicant’s application relates, the applicant will be eligible for a concessional interest rate loan. The initial interest rate will be 4.0%. (b) An applicant whose property is an individual disaster stricken property will only be given a loan at a current commercial lending rate.’. ‘(5) The scheme, item 4 (Interest Rates), from ‘For’ to ‘approve’— omit, insert—

s6 6 s6 Rural and Regional Adjustment Amendment Regulation (No. 4) 2006 No. 249, 2006 ‘Despite paragraph (b), for applicants mentioned in that paragraph, QRAA may, in exceptional cases, approve’. ‘(6) The scheme, item 5 (Eligibility Criteria), subitems 5.2 and 5.3— renumber as subitems 5.4 and 5.5. ‘(7) The scheme, item 5 (Eligibility Criteria)— insert— ‘5.2 Also, for an applicant to be eligible to receive assistance under this scheme for an eligible natural disaster— (a) either— (i) the property for which the applicant is applying for assistance must be in a defined disaster area for the disaster; or (ii) the authority must be satisfied the property is an individual disaster stricken property as a result of the disaster; and (b) if the applicant’s property is not in a defined disaster area for the disaster— (i) the applicant must give the authority an IDSP certificate for the property; or (ii) the authority must be satisfied that the applicant has made reasonable efforts to obtain an IDSP certificate; and ‘5.3 For deciding whether or not a property is an individual disaster affected property under subitem 5.2(a)(ii), the authority must have regard to— (a) the IDSP certificate, if any, issued for the property; or (b) if the chief executive has refused to issue an IDSP certificate for the property—the reasons for the refusal.’. ‘(8) The scheme, item 9 (Application), second paragraph— omit, insert— ‘An application must be accompanied by— (a) the documents stated in the application form; and

s6 7 s6 Rural and Regional Adjustment Amendment Regulation (No. 4) 2006 No. 249, 2006 (b) if the chief executive has issued an IDSP certificate, the certificate.’. ‘9 Amendment of existing approved assistance scheme for small business—Act, s 54 ‘(1) The Natural Disaster Relief Assistance (Small Business) Scheme, a transitional scheme taken, under section 54 of the Act, to be an approved assistance scheme (the scheme ) is amended as stated in this section. ‘(2) The scheme, item 1 (Purpose of Support), before ‘Natural’— insert— ‘1.1’. ‘(3) The scheme, item 1 (Purpose of Support), second paragraph— omit, insert— ‘1.2 Interpretation ‘1.2.1 Definition development see the IntegratedPlanningAct1997 , schedule 10. ‘1.2.2 Meaning of instantaneous natural disaster ‘An instantaneous natural disaster means any of the following events— (a) a bushfire; (b) a cyclone; (c) a flood; (d) an earthquake; (e) a storm, including any of, or any combination of, the following— (i) hail; (ii) rain; (iii) wind; (f) a storm surge;

s6 8 s6 Rural and Regional Adjustment Amendment Regulation (No. 4) 2006 No. 249, 2006 (g) a landslide caused by an event mentioned in paragraphs (a) to (f). ‘However, an instantaneous natural disaster does not include an event under this subitem, if QRAA considers that development has significantly contributed to the event.’. ‘(4) The scheme, item 5 (Eligibility Criteria), subitem 5.1, after first dot point— insert— ‘• able to demonstrate they have taken reasonable precautions to avoid or minimise loss or damage from the disaster; and’. ‘10 Amendment of existing approved enterprise assistance scheme for vegetation management—Act, s 54 ‘(1) The Queensland Vegetation Management Framework Financial Assistance for Farm Businesses Enterprise Assistance Scheme, a transitional scheme taken, under section 54 of the Act, to be an approved assistance scheme (the scheme ) is amended as stated in this section. ‘(2) The scheme, item 3 (Nature of Assistance), second dot point, after ‘developments’— insert— ‘, including buying land,’. ‘(3) The scheme, item 4 (Definitions)— insert— ‘ member – of a person’s family, means any of the following— (a) the person’s spouse; (b) a parent of the person or the person’s spouse; (c) a grandparent of the person or the person’s spouse; (d) a brother, sister, nephew or niece of the person or the person’s spouse;

s6 9 s6 Rural and Regional Adjustment Amendment Regulation (No. 4) 2006 No. 249, 2006 (e) a child, stepchild or grandchild of the person; (f) the spouse of anyone mentioned in paragraph (d) or (e). NRW – means the Department of Natural Resources and Water. relevant interest – in an area of land affected, means a leasehold interest in the land or a right under a share farming agreement in relation to the land.’. ‘(4) The scheme, item 4 (Definitions), definition Enterprise Management Plan , from ‘QRAA, in determining’— omit, insert— ‘QRAA, in deciding whether or not an Enterprise Management Plan meets the required standard, will insist that NRW has approved the area of land affected or that the Farm Business has made reasonable efforts to have the area of land affected approved by NRW.’. ‘(5) The scheme, item 4 (Definitions), definition Farm Business , ‘family’— omit, insert— ‘proprietary’. ‘(6) The scheme, item 5 (Assessment Criteria), from ‘QRAA must be’ to the end of subitem 5.2— omit, insert— ‘QRAA must be satisfied of the following matters stated in subitems 5.1 to 5.8: ‘5.1 the Farm Business owns or has a relevant interest in an area of land affected; ‘ 5.2 either— • the Farm Business acquired, or entered into a contract to acquire or use, the area of land affected, or the relevant interest in the area of land affected, before 22 May 2003 (the relevant day ); or • the area of land affected or the relevant interest was transferred to the Farm Business on or after the relevant day and each of the following applied to the transfer—

s 6 10 s 6 Rural and Regional Adjustment Amendment Regulation (No. 4) 2006 No. 249, 2006 • the transferor held the land or interest immediately before the relevant day; • the transferee was a member of the transferor’s family; • the transfer was not on commercial terms;’. ‘(7) The scheme, item 5 (Assessment Criteria), subitem 5.3, first dot point— omit, insert— ‘• the area of land affected’. ‘(8) The scheme, item 5 (Assessment Criteria), after subitem 5.8— insert— ‘5.9 A Farm Business is not eligible to receive assistance under the assistance scheme in relation to an area of land affected if assistance under the scheme has been given to another Farm Business that owns or has a relevant interest in the area of land affected. ‘5.10 In deciding whether an area is an area of land affected for subitem 5.1, QRAA must have regard to— (a) if NRW has approved the area—the approval; or (b) if NRW has refused to approve the area—the reasons for the refusal.’. ‘(9) The scheme, item 7 (Terms And Conditions), subitem 7.1— omit. ‘(10) The scheme, item 8 (Applications), subitem 8.2— omit, insert— ‘8.2 Applications must be accompanied by— • the documents mentioned in the application form; and • the Enterprise Management Plan for the Farm Business for which assistance is sought under the scheme; and • if NRW has approved the area of land affected to which the application relates—the approval.’.

s 6 11 s 6 Rural and Regional Adjustment Amendment Regulation (No. 4) 2006 No. 249, 2006 ‘10A Amendment of existing approved exit assistance scheme for vegetation management—Act, s 54 ‘(1) The Queensland Vegetation Management Framework Financial Assistance for Farm Businesses Exit Assistance Scheme, a transitional scheme taken, under section 54 of the Act, to be an approved assistance scheme (the scheme ) is amended as stated in this section. ‘(2) The scheme, item 1 (Purpose), from ‘their land’ to ‘Scheme’— omit, insert— ‘the area of land affected in their Farm Businesses’. ‘(3) The scheme, item 2 (Objectives), ‘enable’— omit, insert— ‘help’. ‘(4) The scheme, item 4 (Definitions)— insert— ‘ member – of a person’s family, means any of the following— (a) the person’s spouse; (b) a parent of the person or the person’s spouse; (c) a grandparent of the person or the person’s spouse; (d) a brother, sister, nephew or niece of the person or the person’s spouse; (e) a child, stepchild or grandchild of the person; (f) the spouse of anyone mentioned in paragraph (d) or (e). prescribed buyer – means— (a) the State; or (b) the trustee of the Queensland Trust for Nature.’. ‘(5) The scheme, item 4 (Definitions), definition Farm Business , ‘family’— omit, insert— ‘proprietary’.

s 6 12 s 6 Rural and Regional Adjustment Amendment Regulation (No. 4) 2006 No. 249, 2006 ‘(6) The scheme, item 5 (Assessment Criteria), subitem 5.1, first dot point, ‘has’— omit, insert— ‘owns’. ‘(7) The scheme, item 5 (Assessment Criteria), subitem 5.1, second dot point— omit, insert— ‘• either of the following apply— • the Farm Business acquired, or entered into a contract to acquire, the area of land affected, before 22 May 2003 (the relevant day ); • the area of land affected was transferred to the Farm Business on or after the relevant day and each of the following applied to the transfer— • the transferor held the land immediately before the relevant day; • the transferee was a member of the transferor’s family; • the transfer was not on commercial terms.’. ‘(8) The scheme, item 5 (Assessment Criteria), subitem 5.4, from ‘all secured creditors’ to ‘holding(s) to NRM&E’— omit, insert— ‘the applicant and all secured creditors are prepared to enter into an agreement to transfer the title to the area of land affected to a prescribed buyer’. ‘(9) The scheme, item 5 (Assessment Criteria), subitem 5.4, ‘NRM&E’, second mention— omit, insert— ‘the prescribed buyer’. ‘(10) The scheme, item 5 (Assessment Criteria), subitem 5.5, from ‘the applicant has’ to the end of the second dot point— omit, insert—

s 6 13 s 6 Rural and Regional Adjustment Amendment Regulation (No. 4) 2006 No. 249, 2006 ‘none of the following events has happened— • the Farm Business has entered into a contract for the sale of the area of land affected, if the contract has not been validly terminated; or • a mortgagee has taken possession of the area of land affected; or’. ‘(11) The scheme, item 5 (Assessment Criteria), subitem 5.5, from ‘unless’— omit. ‘(12) The scheme, item 7 (Terms And Conditions), subitems 7.1 and 7.2— omit, insert— ‘7.1 If QRAA approves assistance for an applicant and the applicant wishes to sell the area of land affected under the scheme, the applicant must sign a contract for the sale of the area of land affected to a prescribed buyer within the relevant period. ‘7.2 If the applicant does not sign a contract for sale under subitem 7.1 within the relevant period, the applicant is taken to have withdrawn the applicant’s application for assistance under the scheme. ‘7.3 In this item— relevant period means— (a) 3 months after the State gives a written offer to the applicant for the purchase of the area of land affected by a prescribed buyer; or (b) if the applicant and the State have, within the 3 months, agreed to a longer period—the longer period.’. ‘10B Expiry of pt 4 ‘This part expires at the beginning of the day after it commences.’.

s 7 14 s 7 Rural and Regional Adjustment Amendment Regulation (No. 4) 2006 No. 249, 2006 7 Amendment of schedule (Approved assistance schemes) (1) Schedule, section 76, definition relevant property , note, ‘ Note ’— omit, insert— ‘ Editor’s note ’. (2) Schedule— insert— ‘Part 11 Natural Disaster Relief (Primary Producers) Scheme ‘Division 1 Preliminary ‘115 Definitions for pt 11 ‘In this part— applicant means a person applying for financial assistance under the scheme. application means an application for financial assistance under the scheme. appropriate Minister means the Minister responsible for administering the Disaster Management Act 2003 . carry-on requirements see section 119(b). defined disaster area , for an eligible natural disaster, means an area that the appropriate Minister has defined for the purpose of activating the natural disaster relief arrangements for the communities affected by the disaster. Editor’s note — At the commencement of this definition, defined disaster areas were published on the authority’s website at < development see the Integrated Planning Act 1997 , schedule 10. eligible natural disaster see section 116.

s 7 15 s 7 Rural and Regional Adjustment Amendment Regulation (No. 4) 2006 No. 249, 2006 IDSP certificate , in relation to an applicant’s property, means a certificate— (a) issued by the chief executive; and (b) stating that, in the chief executive’s opinion, the applicant has suffered loss or damage from an eligible natural disaster that has significantly affected, or will significantly affect, the farming enterprise on the property. individual disaster stricken property see section 117. natural disaster relief arrangements means the funding arrangements agreed between the Commonwealth and the State for providing financial assistance to communities affected by natural disasters. Editor’s note — At the commencement of this definition, the funding arrangements were described in the document called ‘Natural Disaster Financial Assistance Arrangements within Queensland 2005/2006’, published by the Department of Emergency Services and available on that department’s website at < property , of an applicant, means the property in relation to which the applicant has applied for assistance under the scheme. scheme means the scheme set out in this part. ‘116 Meaning of eligible natural disaster ‘(1) An eligible natural disaster means any of the following events— (a) a bushfire; (b) a cyclone; (c) a flood; (d) an earthquake; (e) a storm, including any of, or any combination of, the following— (i) hail;

s 7 16 s 7 Rural and Regional Adjustment Amendment Regulation (No. 4) 2006 No. 249, 2006 (ii) rain; (iii) wind; (f) a storm surge; (g) a landslide caused by an event mentioned in paragraphs (a) to (f). ‘(2) However, an eligible natural disaster does not include an event under subsection (1), if the authority considers that development has significantly contributed to the event. ‘117 Meaning of individual disaster stricken property ‘A property is an individual disaster stricken property if— (a) the farming enterprise operated on the property has been, or will be, significantly affected by loss or damage from an eligible natural disaster; and (b) either— (i) there is no defined disaster area for the disaster; or (ii) there is a defined disaster area for the disaster and the property is not in the area. ‘118 Purpose of assistance ‘(1) The purpose of assistance under the scheme is to assist in meeting the needs of primary producers affected by an eligible natural disaster of substantial magnitude, to recover from the disaster. ‘(2) However, assistance under the scheme is not intended to— (a) compensate primary producers for losses suffered; or (b) encourage primary producers in marginal production areas to increase risks in their farming operations.

s 7 17 s 7 Rural and Regional Adjustment Amendment Regulation (No. 4) 2006 No. 249, 2006 ‘Division 2 Natural disaster relief assistance ‘119 Nature of assistance ‘The nature of the assistance that may be given under the scheme is the provision of loans for— (a) restocking; or (b) meeting requirements for carrying on production ( carry-on requirements ), including— (i) re-planting, restoring or re-establishing areas affected by an eligible natural disaster; or (ii) sustenance; or (iii) essential property operations; or (iv) paying rent or rates, or costs of repair or replacement of farm buildings. ‘120 Maximum loan amounts ‘(1) Subject to subsection (2), the maximum amount of a loan under the scheme is— (a) $100000 for restocking; or (b) $100000 for meeting carry-on requirements. ‘(2) The total amount lent to an applicant under the scheme must not be more than $150000. ‘121 Eligibility criteria ‘(1) For an applicant to be eligible to receive assistance under the scheme for an eligible natural disaster— (a) either— (i) the applicant’s property must be in a defined disaster area for the disaster; or (ii) the authority must be satisfied the property is an individual disaster stricken property as a result of the disaster; and

s 7 18 s 7 Rural and Regional Adjustment Amendment Regulation (No. 4) 2006 No. 249, 2006 (b) if the applicant’s property is not in a defined disaster area for the disaster— (i) the applicant must give the authority an IDSP certificate for the property; or (ii) the authority must be satisfied that the applicant has made reasonable efforts to obtain an IDSP certificate; and (c) the authority must be satisfied that— (i) the applicant is in working occupation of the applicant’s property; and (ii) the applicant has taken reasonable precautions to avoid or minimise loss or damage from the disaster; and Example for subparagraph (ii) — the applicant has adequate insurance against loss or damage from the disaster (iii) the applicant has used all of the applicant’s liquid assets and all normal credit sources up to normal credit limits; and (iv) the applicant’s property will be viable with the assistance given; and (v) the applicant has not taken excessive risks in performing the applicant’s farming operations. ‘(2) For deciding whether or not a property is an individual disaster affected property under subsection (1)(a)(ii), the authority must have regard to— (a) the IDSP certificate, if any, issued for the property; or (b) if the chief executive has refused to issue an IDSP certificate for the property—the reasons for the refusal. ‘(3) An applicant is not eligible for assistance under the scheme, if— (a) the applicant’s application relates to loss or damage suffered as a result of TC Larry or TC Monica; and

s 7 19 s 7 Rural and Regional Adjustment Amendment Regulation (No. 4) 2006 No. 249, 2006 (b) the applicant is eligible for, or has received, assistance under the Natural Disaster Relief—TC Larry - TC Monica (Primary Producers) Scheme under part 9. ‘(4) In this section— TC Larry means the cyclone known as Tropical Cyclone Larry that affected certain communities in north Queensland in March 2006. TC Monica means the cyclone known as Tropical Cyclone Monica that affected certain communities in far north and north Queensland in April 2006. ‘122 Interest rates ‘(1) If an applicant’s property is in a defined disaster area for the disaster to which the applicant’s application relates, the applicant may be given a loan under the scheme at a concessional interest rate decided by the authority. ‘(2) Subject to subsection (3), if an applicant’s property is an individual disaster stricken property, the applicant may only be given a loan under the scheme at a current commercial lending rate. ‘(3) An applicant under subsection (2) may be given a loan at a concessional interest rate if the authority considers— (a) the applicant’s financial position is desperate but viable; and (b) the applicant’s circumstances are exceptional. Editor’s note — At the commencement of this section, the concessional interest rate for a loan under the scheme was 4% a year. ‘123 Security ‘(1) If an applicant is granted a loan under the scheme, the applicant must give security for the loan. ‘(2) The security required is—

s 7 20 s 7 Rural and Regional Adjustment Amendment Regulation (No. 4) 2006 No. 249, 2006 (a) a mortgage of land or other assets, commensurate with the amount of the loan; and (b) other security, if any, the authority considers necessary, including, for example, a crop lien or stock mortgage. ‘124 Terms of repayment ‘(1) Subject to subsection (5), the maximum term of a loan under the scheme is 7 years. ‘(2) The amount payable under the loan is subject to any changes in the interest rate decided by the authority under subsection (3). ‘(3) The authority may— (a) review an applicant’s financial situation annually to decide whether or not to increase the interest rate charged for the loan; and (b) if the authority considers the applicant’s financial situation has improved—increase the interest rate up to a commercial rate of interest. ‘(4) The authority may allow deferral of repayments of the principal under the loan for up to 2 years if the principal and interest are repaid over the balance of the term of the loan. ‘(5) The term of a loan may be increased to not more than 10 years if— (a) the loan has been operative for at least 4 years; and (b) the authority considers the increase in the term of the loan is appropriate in the circumstances. ‘125 Review by authority Assistance given to a primary producer under the scheme is subject to an annual review by the authority. ‘126 Application ‘(1) An application must be—

s 7 21 s 7 Rural and Regional Adjustment Amendment Regulation (No. 4) 2006 No. 249, 2006 (a) made on the application form approved by the authority; and (b) accompanied by— (i) the documentation stated on the application form; and (ii) if an IDSP certificate has been issued for the property to which the application relates—the IDSP certificate. ‘(2) An applicant must give the completed application form to the authority or the applicant’s commercial lender for referral to the authority. ‘Part 12 Natural Disaster Relief (Small Business) Scheme ‘127 Definitions for pt 12 ‘In this part— applicant means a person applying for financial assistance under the scheme. development see the Integrated Planning Act 1997 , schedule 10. eligible natural disaster see section 128. scheme means the scheme set out in this part. ‘128 Meaning of eligible natural disaster ‘(1) An eligible natural disaster means any of the following events— (a) a bushfire; (b) a cyclone; (c) a flood;

s 7 22 s 7 Rural and Regional Adjustment Amendment Regulation (No. 4) 2006 No. 249, 2006 (d) an earthquake; (e) a storm, including any of, or any combination of, the following— (i) hail; (ii) rain; (iii) wind; (f) a storm surge; (g) a landslide caused by an event mentioned in paragraphs (a) to (f). ‘(2) However, an eligible natural disaster does not include an event under subsection (1), if the authority considers that development has significantly contributed to the event. ‘129 Purpose of assistance ‘(1) The purpose of assistance under the scheme is to provide concessional loans to owners of small businesses— (a) whose buildings, plant and equipment or stock have been significantly damaged by an eligible natural disaster; and (b) who are unable to obtain finance on ordinary commercial terms but have sound prospects of long-term viability. ‘(2) However, assistance under the scheme is not intended to compensate business owners for losses suffered. ‘130 Nature of assistance ‘The nature of the assistance under the scheme for a business is the provision of concessional loans for re-establishing the viable operation of the business, including by doing any of the following— (a) repairing or replacing damaged plant and equipment; (b) repairing or replacing buildings;

s 7 23 s 7 Rural and Regional Adjustment Amendment Regulation (No. 4) 2006 No. 249, 2006 (c) supplying stock for up to 1 month to replace lost stock and maintain liquidity of the business. ‘131 Maximum loan amounts ‘(1) The amount of loan assistance for an applicant under the scheme— (a) is based on the authority’s assessment of the applicant’s financial position, including any amount recovered by the applicant under an insurance policy; and (b) must not be more than the amount of the net loss to the applicant’s business caused by the eligible natural disaster to which the applicant’s application relates. ‘(2) Subject to subsection (1)(b), the amount of loan assistance for an applicant under the scheme must not be more than— (a) $100000; or (b) if there is more than 1 loan given to the applicant under the scheme—a cumulative total of $150000. ‘132 Eligibility criteria ‘(1) For an applicant to be eligible to receive assistance under the scheme— (a) the applicant must be a sole owner, partnership or proprietary company; and (b) the authority must be satisfied that— (i) the applicant has sustained substantial damage to buildings, plant, equipment or stock as a result of an eligible natural disaster; and (ii) the applicant has taken reasonable precautions to avoid or minimise loss or damage from the disaster; and Example for subparagraph (ii) — the applicant has adequate insurance against loss or damage from the disaster

s 7 24 s 7 Rural and Regional Adjustment Amendment Regulation (No. 4) 2006 No. 249, 2006 (iii) the applicant is responsible for the cost of essential repairs or replacement of the damaged assets and as a result has had liquidity severely affected; and (iv) the applicant can not repair or replace the damaged assets, or return to viable operations from the applicant’s own resources without assistance under the scheme; and (v) the applicant has used all liquid assets and normal credit sources up to normal credit limits; and (vi) with the assistance under the scheme, the applicant has reasonable prospects of re-establishing the applicant’s business on a viable basis. ‘(2) A public company, whether acting alone or with another company, is not eligible for assistance under the scheme. ‘(3) An applicant is not eligible for assistance under the scheme, if— (a) the applicant’s application for assistance under the scheme relates to loss or damage suffered as a result of TC Larry or TC Monica; and (b) the applicant is eligible for, or has received, assistance under the Natural Disaster Relief—TC Larry - TC Monica (Small Business) Scheme under part 10. ‘(4) In this section— TC Larry means the cyclone known as Tropical Cyclone Larry that affected certain communities in north Queensland in March 2006. TC Monica means the cyclone known as Tropical Cyclone Monica that affected certain communities in far north and north Queensland in April 2006. ‘133 Security ‘A loan under the scheme must be secured to the satisfaction of the authority.

s 7 25 s 7 Rural and Regional Adjustment Amendment Regulation (No. 4) 2006 No. 249, 2006 ‘134 Terms of repayment ‘(1) Subject to subsection (6), the maximum term of a loan to an applicant under the scheme is 7 years. ‘(2) When a loan under the scheme is approved by the authority, the authority will work out the initial repayments of principal and interest on the full term of the loan. Editor’s note — At the commencement of this section, the initial interest rate for a loan under the scheme was 4% a year. ‘(3) The amount payable under the loan is subject to any changes in the interest rate decided by the authority under subsection (4). ‘(4) The authority may— (a) review an applicant’s financial situation annually to decide whether or not to increase the interest rate charged for the loan; and (b) if the authority considers the applicant’s financial situation has improved—increase the interest rate up to a commercial rate of interest. ‘(5) The authority may allow deferral of repayments of the principal under the loan for up to 2 years, if the principal and interest are repaid over the balance of the approved term of the loan. ‘(6) The term of the loan may be increased to not more than 10 years if— (a) the loan has been operative for at least 4 years; and (b) the authority considers the increase in the term of the loan is appropriate in the circumstances. ‘135 Application ‘An application for assistance under the scheme must be— (a) made on the authority’s application form; and (b) given to the authority or to the applicant’s lender for referral to the authority.

s 7 26 s 7 Rural and Regional Adjustment Amendment Regulation (No. 4) 2006 No. 249, 2006 ‘Part 13 Vegetation Management (Enterprise Assistance) Scheme ‘Division 1 Preliminary ‘136 Definitions for pt 13 ‘In this part— affected area certificate , for an area of land, means a certificate— (a) issued by the appropriate chief executive; and (b) stating that the area of land is, in the chief executive’s opinion, an affected area of land. affected area of land see section 137. appropriate chief executive means the chief executive of the department in which the VegetationManagementAct is administered. broadscale application see the Vegetation Management Act, schedule. broadscale clearing , for vegetation, means clearing vegetation under a development approval for a broadscale application. clear see the Vegetation Management Act, schedule. development approval see the VegetationManagementAct, schedule. eligible farm entity means a farm entity that is eligible to receive assistance under the scheme. enterprise management plan see section 138. exit assistance scheme means the scheme set out in part 14. farm entity means an individual, a partnership, or a proprietary company, solely or mainly engaged in a farming business.

s 7 27 s 7 Rural and Regional Adjustment Amendment Regulation (No. 4) 2006 No. 249, 2006 farming business means a business that involves primary production, including, for example, the agricultural, apicultural, aquacultural, horticultural or pastoral industries. member , of a person’s family, means any of the following— (a) the person’s spouse or same-sex partner; (b) a parent of the person or the person’s spouse; (c) a grandparent of the person or the person’s spouse; (d) a brother, sister, nephew or niece of the person or the person’s spouse; (e) a child, stepchild or grandchild of the person; (f) the spouse of anyone mentioned in paragraph (d) or (e). old vegetation management legislation means the laws of the State applying to the clearing of vegetation as in force before 21 May 2004. Editor’s note — The relevant provisions of the VegetationManagementandOtherLegislation Amendment Act 2004 commenced on 21 May 2004. relevant interest , in an affected area of land, means— (a) a leasehold interest in the land; or (b) a right under a share farming agreement in relation to the land. relevant family transfer , of an affected area of land or a relevant interest in an affected area of land, means a transfer of the land or interest to which each of the following applies— (a) the transferor held the land or interest immediately before 22 May 2003; (b) the transferee was a member of the transferor’s family; (c) the transfer was not on commercial terms. scheme means the scheme set out in this part. vegetation see the Vegetation Management Act, schedule.

s 7 28 s 7 Rural and Regional Adjustment Amendment Regulation (No. 4) 2006 No. 249, 2006 VegetationManagementAct means the VegetationManagement Act 1999 . ‘137 Meaning of affected area of land ‘(1) An area of land is an affected area of land if— (a) the area contains vegetation that could have been cleared under the old vegetation management legislation; and (b) development approval has not been obtained and will not be able to be obtained for a broadscale application for clearing the vegetation. ‘(2) A reference to an affected area of land includes a reference to a parcel of land in which the affected area of land is situated. ‘138 Meaning of enterprise management plan ‘An enterprise management plan for a farm entity means a plan that— (a) shows an area of land, owned by the farm entity or in which the entity has a relevant interest, as an affected area of land; and (b) includes the following— (i) a project for improving the productivity, sustainability and viability of the farm entity; (ii) a ‘whole of property’ approach to the future development of the farm entity including a sustainable approach to resource management; (iii) strategies for improved management of the farm entity; (iv) a plan for action. ‘139 Purpose of assistance ‘The purpose of assistance under the scheme is to allow an eligible farm entity that owns or has a relevant interest in an affected area of land to adjust its operations if—

s 7 29 s 7 Rural and Regional Adjustment Amendment Regulation (No. 4) 2006 No. 249, 2006 (a) the inability to carry out broadscale clearing of vegetation in the affected area of land is directly responsible for imposing a significant impact on the potential viability of the entity’s farming business; and (b) with the assistance provided under the scheme, the entity can achieve long-term economic viability and sustainable resource use in operating its farming business. ‘Division 2 Enterprise assistance ‘140 Nature of assistance ‘The nature of the assistance under the scheme is the provision of a grant to an eligible farm entity for undertaking a project to improve productivity, sustainability and viability of the farm entity’s farming business, including, for example, by doing any of the following— (a) introducing new farming systems or technology; (b) developing the farming business for improved productivity, including, for example, by purchasing land; (c) performing value adding activities directly related to the activities of the farm entity; (d) buying livestock or other inputs to primary production related to the project; (e) enhancing the sustainable use of resources associated with developing or consolidating the farming business; (f) using debt restructuring or capital restructuring while taking new action to improve the productivity and viability of the farming business; (g) restructuring the farm entity, including partnership restructuring and succession planning, leading to improved productivity and long-term viability.

s 7 30 s 7 Rural and Regional Adjustment Amendment Regulation (No. 4) 2006 No. 249, 2006 ‘141 Eligibility criteria ‘(1) For a farm entity to be eligible to receive assistance under the scheme, the authority must be satisfied that— (a) the farm entity owns, or has a relevant interest in, an area of land that is an affected area of land; and (b) the area of land is shown as an affected area of land in the farm entity’s enterprise management plan; and (c) an affected area certificate has been issued for the area of land or the farm entity has made reasonable efforts to obtain an affected area certificate for the area of land; and (d) either— (i) the farm entity acquired, or entered into a contract to acquire or use, the affected area of land or the relevant interest in the affected area of land before 22 May 2003; or (ii) the affected area of land or the relevant interest was transferred to the farm entity on or after 22 May 2003 and the transfer was a relevant family transfer; and (e) the project under the enterprise management plan for which assistance is sought under the scheme (the relevant project ) is consistent with the objectives and purpose of the scheme; and (f) having regard to the enterprise management plan, each of the following applies— (i) carrying out broadscale clearing of vegetation in the affected area of land would be necessary to achieve or maintain sustainable long-term viability of the farm entity; (ii) the relevant project will substitute for broadscale clearing in the affected area of land by achieving or maintaining long-term viability of the farm entity; (iii) the action proposed under the plan is consistent with managing vegetation in a way that achieves the purposes of the Vegetation Management Act;

s 7 31 s 7 Rural and Regional Adjustment Amendment Regulation (No. 4) 2006 No. 249, 2006 (iv) the farm entity has the capacity to become financially independent of the assistance under the scheme within a reasonable period; and (g) the farm entity can achieve long-term viability with the assistance provided under the scheme, taking into account the viability factors; and (h) the assistance given under the scheme is likely to contribute to, or facilitate, improvements in the viability of the farm entity by— (i) reducing the average costs of operating the farm entity’s farming business; or (ii) providing a sustainable increase in the value of the production of the farming business; and (i) the person operating the farm entity’s farming business, under normal circumstances— (i) is responsible for contributing the majority of the person’s labour to the farming business; and (ii) generates, or has the potential to generate, the majority of the person’s income from the farming business. ‘(2) For deciding whether or not an area of land is an affected area of land under subsection (1)(a), the authority must have regard to— (a) the affected area certificate, if any, issued for the area of land; or (b) if the appropriate chief executive has refused to issue an affected area certificate for the area of land—the reasons for the refusal. ‘(3) A farm entity is not eligible to receive assistance under the scheme if the farm entity is eligible for, or has received, assistance under the exit assistance scheme. ‘(4) Also, a farm entity is not eligible to receive assistance under the scheme in relation to an affected area of land if assistance under the scheme has been given to another farm entity that owns or has a relevant interest in the affected area of land.

s 7 32 s 7 Rural and Regional Adjustment Amendment Regulation (No. 4) 2006 No. 249, 2006 ‘(5) In this section— viability factors , in relation to a farm entity, mean each of the following— (a) the previous and expected viability of the farm entity measured by its ability to meet the following financial commitments— (i) operating costs of the farm entity’s farming business; (ii) living costs of the person operating the farming business; (iii) investment in sustainable farming systems; (iv) allowance for depreciation of capital and future capital requirements; (v) servicing and repayment of debt of the farm entity; (b) the sustainable productive capacity of the farm entity’s farming business; (c) the long-term economic trends that impact on the farm entity; (d) the provision by lenders of financial support for the farm entity; (e) the demonstrated technical, financial and business management performance of the person operating the farm entity’s farming business. ‘142 Amount and payment of assistance ‘(1) The amount of financial assistance given to a farm entity under the scheme must be decided in each case by the authority. ‘(2) The maximum amount of assistance available for a farm entity under the scheme is $100000. ‘(3) The assistance may be paid as a lump sum or by instalments. ‘(4) If the assistance is paid by instalments—

s 7 33 s 7 Rural and Regional Adjustment Amendment Regulation (No. 4) 2006 No. 249, 2006 (a) the first payment may be made when the assistance is approved; and (b) later payments may be made after the authority receives evidence of certain work being completed within certain periods, as agreed between the authority and the farm entity. ‘143 Terms ‘(1) Assistance for a farm entity under the scheme must be used only for a project under the farm entity’s enterprise management plan that has been approved by the authority. ‘(2) Assistance under the scheme is subject to an annual review by the authority. ‘(3) A farm entity receiving assistance under the scheme must sign a Letter of Intent, in a form approved by the authority, stating the conditions of the assistance. ‘(4) A farm entity may continue to receive assistance under the scheme only if the farm entity continues to comply with the conditions of the assistance and be viable. ‘(5) A project for which assistance is given under the scheme must be completed within 3 years after the authority approves the assistance. ‘(6) All payments under the scheme must be made by 23 May 2010. ‘144 Applications ‘(1) An application by a farm entity for assistance under the scheme (an assistance application ) must be— (a) made on the authority’s application form; and (b) accompanied by— (i) the documents mentioned in the application form; and (ii) the farm entity’s enterprise management plan; and

s 7 34 s 7 Rural and Regional Adjustment Amendment Regulation (No. 4) 2006 No. 249, 2006 (iii) the affected area certificate for the area of land shown in the enterprise management plan, if an affected area certificate has been issued. ‘(2) The farm entity must give the completed application form to the authority or the farm entity’s commercial lender for referral to the authority. ‘(3) Subsection (4) applies if— (a) a broadscale application has been made for clearing vegetation in the affected area of land to which the assistance application relates; and (b) the broadscale application has not been decided. ‘(4) The farm entity must inform the authority of the broadscale application and the authority must not assess the assistance application until the broadscale application has been decided. ‘(5) All applications for assistance under the scheme must be received by the authority on or before 21 February 2007. ‘Part 14 Vegetation Management (Exit Assistance) Scheme ‘Division 1 Preliminary ‘145 Definitions for pt 14 ‘In this part— affected area of land see section 146. broadscale application see the Vegetation Management Act, schedule. broadscale clearing , for vegetation, means clearing vegetation under a development approval for a broadscale application. clear see the Vegetation Management Act, schedule.

s 7 35 s 7 Rural and Regional Adjustment Amendment Regulation (No. 4) 2006 No. 249, 2006 development approval see the VegetationManagementAct, schedule. eligible farm entity means a farm entity that is eligible to receive assistance under the scheme. enterprise assistance scheme means the scheme set out in part 13. farm entity means an individual, a partnership, or a proprietary company, solely or mainly engaged in a farming business. farming business means a business that involves primary production, including, for example, the agricultural, apicultural, aquacultural, horticultural or pastoral industries. member , of a person’s family, means any of the following— (a) the person’s spouse; (b) a parent of the person or the person’s spouse; (c) a grandparent of the person or the person’s spouse; (d) a brother, sister, nephew or niece of the person or the person’s spouse; (e) a child, stepchild or grandchild of the person; (f) the spouse of anyone mentioned in paragraph (d) or (e). old vegetation management legislation means the laws of the State applying to the clearing of vegetation as in force before 21 May 2004. Editor’s note — The relevant provisions of the VegetationManagementandOtherLegislation Amendment Act 2004 commenced on 21 May 2004. prescribed buyer means— (a) the State; or (b) the trustee of the Queensland Trust for Nature. relevant family transfer , of an affected area of land, means a transfer of the land to which each of the following applies— (a) the transferor held the land immediately before 22 May 2003;

s 7 36 s 7 Rural and Regional Adjustment Amendment Regulation (No. 4) 2006 No. 249, 2006 (b) the transferee was a member of the transferor’s family; (c) the transfer was not on commercial terms. scheme means the scheme set out in this part. vegetation see the Vegetation Management Act, schedule. VegetationManagementAct means the VegetationManagement Act 1999 . ‘146 Meaning of affected area of land ‘(1) An area of land is an affected area of land if— (a) the area contains vegetation that could have been cleared under the old vegetation management legislation; and (b) development approval has not been obtained and will not be able to be obtained for a broadscale application for clearing the vegetation. ‘(2) A reference to an affected area of land includes a reference to a parcel of land in which the affected area of land is situated. ‘147 Purpose of assistance ‘The purpose of assistance under the scheme is to help an eligible farm entity that owns an affected area of land if— (a) the entity is without prospects of sustainable long-term viability because of the inability to carry out broadscale clearing of vegetation in the affected area of land; and (b) the entity has decided to adjust out of primary production or relocate the entity’s farming business. ‘Division 2 Exit assistance ‘148 Nature of assistance ‘The nature of assistance that may be given under the scheme is a single payment to the owner of an affected area of land for the transfer of the title to the land to a prescribed buyer.

s 7 37 s 7 Rural and Regional Adjustment Amendment Regulation (No. 4) 2006 No. 249, 2006 ‘149 Eligibility criteria ‘(1) For a farm entity to be eligible to receive assistance under the scheme, the authority must be satisfied that— (a) the farm entity owns an affected area of land; and (b) either— (i) the farm entity acquired, or entered into a contract to acquire, the affected area of land, before 22 May 2003; or (ii) the affected area of land was transferred to the farm entity on or after 22 May 2003 and the transfer was a relevant family transfer; and (c) as a direct result of the inability to carry out broadscale clearing of vegetation in the affected area of land, the farm entity can not achieve, or does not have the potential to achieve, sustainable long-term viability, taking into account the viability factors; and (d) broadscale clearing of vegetation in the affected area of land would have been necessary to achieve or maintain sustainable long-term viability for the farm entity, taking into account the viability factors; and (e) the farm entity and all secured creditors are prepared to enter into an agreement to transfer the title to the affected area of land to a prescribed buyer; and (f) the farm entity is able to transfer the title to the affected area of land to the prescribed buyer and agrees to take no further interest in the land after the transfer; and (g) the person operating the farm entity’s farming business, under normal circumstances— (i) is responsible for contributing the majority of the person’s labour to the farming business; and (ii) generates, or has the potential to generate, the majority of the person’s income from the farming business.

s 7 38 s 7 Rural and Regional Adjustment Amendment Regulation (No. 4) 2006 No. 249, 2006 ‘(2) A farm entity is not eligible to receive assistance under the scheme, if the farm entity is eligible for, or has received, assistance under the enterprise assistance scheme. ‘(3) Also, a farm entity is not eligible to receive assistance under the scheme if— (a) the farm entity has entered into a contract for the sale of the affected area of land and the contract has not been validly terminated; or (b) a mortgagee has taken possession of the affected area of land; or (c) the farm entity has become insolvent or bankrupt; or (d) the farm entity has been evicted from the affected area of land or other property of the farm entity . ‘(4) In this section— viability factors , in relation to a farm entity, mean the following— (a) the previous capacity of the farm entity to meet the following financial commitments— (i) operating costs of the farm entity’s farming business; (ii) living costs of the person operating the farming business; (iii) servicing of the debts of the farm entity; (iv) future capital requirements for plant and improvements; (v) investment in sustainable farming systems; (b) the potential viability of the farm entity, taking into account the following factors— (i) the scale and nature of the operations of the farm entity’s farming business; (ii) development plans having regard to the productive capacity of the land held by the farm entity and the farm entity’s capacity to finance implementation of the plans;

s 7 39 s 7 Rural and Regional Adjustment Amendment Regulation (No. 4) 2006 No. 249, 2006 (iii) the capital contribution of the person operating the farming business that is required to acquire and develop the business; (iv) the long-term economic trends that impact on the farm entity; (v) the provision of financial support for the farm entity by lenders; (vi) the demonstrated technical, financial and business management performance of the person operating the farming business. ‘150 Amount of assistance ‘(1) The authority must decide the amount of financial assistance given to a farm entity under the scheme. ‘(2) However, the amount of the assistance is subject to an appropriate valuer performing an independent valuation of the affected area of land to which the farm entity’s application for assistance relates. ‘(3) For subsection (2), the valuation must be based on the value of the affected area of land at the date of the valuation, as if the old vegetation management legislation still applied. ‘(4) In this section— appropriate valuer means a valuer chosen by the authority from a panel of registered valuers. ‘151 Terms ‘(1) If the authority approves assistance for a farm entity and the entity wishes to sell the affected area of land under the scheme, the entity must sign a contract for the sale of the affected area of land to a prescribed buyer within the relevant period. ‘(2) If the farm entity does not sign a contract under subsection (1) within the relevant period, the entity is taken to have withdrawn the entity’s application for assistance.

s 7 40 s 7 Rural and Regional Adjustment Amendment Regulation (No. 4) 2006 No. 249, 2006 ‘(3) Payment under the scheme must be made in accordance with contractual arrangements between the farm entity and the prescribed buyer. ‘(4) In this section— relevant period means— (a) 3 months after the State gives a written offer to the farm entity for the purchase of the affected area of land by a prescribed buyer; or (b) if the farm entity and the State have, within the 3 months, agreed to a longer period—the longer period. ‘152 Applications ‘(1) An application by a farm entity for assistance under the scheme (an assistance application ) must be— (a) made on the authority’s application form; and (b) accompanied by the documents mentioned in the application form. ‘(2) The farm entity must give the completed application form to the authority or the farm entity’s commercial lender for referral to the authority. ‘(3) Subsection (4) applies if— (a) a broadscale application has been made for clearing vegetation in the affected area of land to which the assistance application relates; and (b) the broadscale application has not been decided. ‘(4) The farm entity must inform the authority of the broadscale application and the authority must not assess the assistance application until the broadscale application has been decided. ‘(5) All applications for assistance under the scheme must be received by the authority on or before 21 February 2007.’.

41 Rural and Regional Adjustment Amendment Regulation (No. 4) 2006 No. 249, 2006 ENDNOTES 1 Made by the Governor in Council on 5 October 2006. 2 Notified in the gazette on 6 October 2006. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Primary Industries and Fisheries. © State of Queensland 2006