Rural and Regional Adjustment Regulation 2011 (Qld)

Rural and Regional Adjustment Regulation 2011

Part 1    Preliminary

1   Short title

This regulation may be cited as the Rural and Regional Adjustment Regulation 2011.

2   Definition

In this regulation—

repealed regulation means the repealed Rural and Regional Adjustment Regulation 2000.

Part 2    Approved assistance schemes

3   Approval of schemes—Act, s 11

(1)For section 11(1)(c) of the Act, each scheme set out in a schedule, other than schedule 16, is approved.

(2)For section 11(4) of the Act, each scheme mentioned in schedule 16 is approved.

Part 3    Repeal

4   Repeal of regulation

The Rural and Regional Adjustment Regulation 2000, SL No. 124 is repealed.

Part 4    Savings and transitional provisions

Division 1 Transitional provisions for SL No. 155 of 2011

5   Saving of operation of particular schemes and other provisions under repealed regulation

(1)This section applies to the following provisions (each a saved provision) of the repealed regulation—

(a)part 5, divisions 2, 3 and 4;

(b)the schedule, parts 1, 2, 6, 9, 10, 13 to 17 and 19 to 27.

(2)Each saved provision—

(a)is a law to which the Acts Interpretation Act 1954, section 20A applies; and

(b)continues to apply to the things mentioned in it as if the repealed regulation had not been repealed.

6   Continuation of particular schemes for particular purposes

(1)This section applies if—

(a)before the commencement, a person applied for assistance under an approved assistance scheme under any of parts 3, 4, 5, 7, 8, 11, 12, 18 or 28 to 34 of the schedule of the repealed regulation; and

(b)immediately before the commencement, any of the following applied—

(i)the application had not been decided;

(ii)the authority had approved assistance for the person under the scheme and the person had not been given all of the assistance;

(iii)the scheme had otherwise not been fully administered in relation to the person.

(2)The scheme, as in force immediately before the commencement, continues to apply in relation to deciding the application, giving the assistance or otherwise administering the scheme, as if the repealed regulation had not been repealed.

(3)In this section—

commencement means commencement of this section.

Division 2 Transitional provision for Rural and Regional Adjustment Amendment Regulation (No. 1) 2013

7   References to eligible natural disaster

In a document, a reference to an eligible natural disaster may, if the context permits, be taken to be a reference to an eligible disaster.

Division 3 Transitional provision for Rural and Regional Adjustment Amendment Regulation (No. 2) 2014

8   Saving of operation of particular schedules

Schedules 12 and 24, as in force immediately before the commencement of this section, are declared to be laws to which the Acts Interpretation Act 1954, section 20A applies.

Division 4 Transitional provision for Rural and Regional Adjustment Amendment Regulation (No. 3) 2014

9   Saving of operation of provision of sch 1 for particular purpose

(1)This section applies to an application for assistance under the scheme mentioned in schedule 1 if—

(a)the application was made before the commencement; and

(b)immediately before the commencement, the application had not been decided.

(2)Section 10 of the schedule, as in force immediately before the commencement, continues to apply for deciding the application.

(3)In this section—

commencement means commencement of this section.

Division 5 Transitional provision for Rural and Regional Adjustment Amendment Regulation (No. 2) 2015

10   Special provision for TC Marcia

(1)Existing schedule 23 continues to apply to administering the special disaster assistance scheme in relation to TC Marcia as if the schedule had not been amended.

(2)To remove any doubt, it is declared that subsection (1) applies even if an assistance establishment notice or an amendment of an assistance establishment notice under existing schedule 23, section 6, for TC Marcia, is published on the authority’s website on or after the commencement.

(3)In this section—

eligible disaster means an eligible disaster under schedule 23, section 4 as in force before the commencement.

existing, for schedule 23 or a provision of schedule 23, means the schedule or provision as in force immediately before the commencement.

special disaster assistance scheme means the scheme under existing schedule 23.

TC Marcia means the eligible disaster described as ‘Severe Tropical Cyclone Marcia and South East QLD trough’ in the assistance establishment notice published on the authority’s website on 23 March 2015.

Division 6 Transitional provision for Rural and Regional Adjustment (White Spot Disease Concessional Loan Scheme) Amendment Regulation 2017

11   Change of interest rate

The amendment of schedule 1, section 6(8), definition base lending rate by the Rural and Regional Adjustment (White Spot Disease Concessional Loan Scheme) Amendment Regulation 2017 applies in relation to loans drawn down before or after the commencement.

Division 7 Transitional provisions for Rural and Regional Adjustment (Disaster Assistance Schemes) Amendment Regulation 2018

12   References to former names of approved assistance schemes

A reference in a document to the name of an approved assistance scheme (the former name) stated in column 1 of the following table may, if the context permits, be taken to be a reference to the name of the scheme stated opposite the former name in column 2 of the table.

Column 1	Column 2
Natural Disaster Relief (Primary Producers) Scheme	Disaster Assistance (Primary Producers) Loan Scheme
Natural Disaster Relief (Small Business) Scheme	Disaster Assistance (Small Business) Loans Scheme
Natural Disaster Relief (Essential Working Capital) Scheme	Disaster Assistance (Essential Working Capital) Loans Scheme
Natural Disaster Relief (Non-profit Organisations) Scheme	Disaster Assistance (Non-profit Organisations) Loans Scheme
Natural Disaster Recovery Grants Scheme	Special Disaster Assistance Recovery Grants Scheme

13   Undecided applications for assistance under particular schemes

(1)This section applies if—

(a)before the commencement, an application for assistance was made under any of the following provisions—

(i)schedule 2, section 12;

(ii)schedule 3, section 10;

(iii)schedule 21, section 12;

(iv)schedule 23, section 23; and

(b)immediately before the commencement, the application had not been decided.

(2)The following provisions, as in force immediately before the commencement, continue to apply for deciding the application as if the Rural and Regional Adjustment (Disaster Assistance Schemes) Amendment Regulation 2018 had not commenced—

(a)for an application under schedule 2, section 12—schedule 2;

(b)for an application under schedule 3, section 10—schedule 3;

(c)for an application under schedule 21, section 12—schedule 21;

(d)for an application under schedule 23, section 23—schedule 23.

14   Loan terms and repayments under particular schemes

(1)This section applies if—

(a)before the commencement, an applicant had been given a loan under any of the following provisions—

(i)schedule 2, section 5;

(ii)schedule 3, section 5;

(iii)schedule 7, section 6;

(iv)schedule 21, section 5; and

(b)immediately before the commencement, the loan had not been repaid.

(2)The following provisions, as in force immediately before the commencement, continue to apply in relation to the loan as if the Rural and Regional Adjustment (Disaster Assistance Schemes) Amendment Regulation 2018 had not commenced—

(a)for a loan under schedule 2, section 5—schedule 2, section 10(5);

(b)for a loan under schedule 3, section 5—schedule 3, section 9(6);

(c)for a loan under schedule 7, section 6—schedule 7, section 10(2) and (3);

(d)for a loan under schedule 21, section 5—schedule 21, section 10(2) and (3).

(3)Schedule 21, section 10(3) does not apply in relation to a loan under schedule 21, section 5 mentioned in subsection (1).

(4)To remove any doubt, it is declared that subsection (3) does not prevent the authority increasing the interest rate charged for the loan in accordance with an agreement for the loan entered into before the commencement.

Division 8 Transitional provision for Rural and Regional Adjustment (Variation of Special Disaster Assistance Recovery Grants Scheme) Amendment Regulation 2021

15   Exceptional circumstances grants for eligible disasters before commencement

(1)This section applies if—

(a)before the commencement, the Minister published an assistance establishment notice for an eligible disaster; and

(b)the stated closing day in the assistance establishment notice was after the day of the commencement; and

(c)after the commencement, the Minister amends the assistance establishment notice to increase the maximum total amount of assistance that may be given under the scheme to an eligible entity to an amount greater than $25,000.

(2)Schedule 23, section 7, as amended by the Rural and Regional Adjustment (Variation of Special Disaster Assistance Recovery Grants Scheme) Amendment Regulation 2021, applies in relation to an application by an eligible entity for assistance for the eligible disaster—

(a)made, but not decided, before the day the amendment mentioned in subsection (1)(c) takes effect; or

(b)made on or after the day the amendment mentioned in subsection (1)(c) takes effect.

(3)Terms defined in schedule 23 and used in this section have the same meanings as they have in schedule 23.

Division 9 Transitional provision for Rural and Regional Adjustment (Variation of COVID-19 Business Support Grants Scheme (August 2021)) Amendment Regulation 2021

16   Application of increased amount of assistance

(1)Schedule 37, section 7, as amended by the amendment regulation, applies in relation to an applicant who applies for assistance under the scheme set out in that schedule, whether the application was made before or after the commencement.

(2)In this section—

amendment regulation means the Rural and Regional Adjustment (Variation of COVID-19 Business Support Grants Scheme (August 2021)) Amendment Regulation 2021.

Division 10 Transitional provision for Rural and Regional Adjustment (COVID-19 Marine Tourism Assistance Scheme—Round 2) Amendment Regulation 2021

17   Application of particular former provisions

(1)This section applies in relation to either of the following under round 1 of the scheme set out in schedule 18—

(a)an application for assistance made before the commencement, if the application had not been decided immediately before the commencement;

(b)a payment of assistance, whether the payment is made before or after the commencement.

(2)For deciding the application or making the payment of assistance—

(a)the relevant former provisions continue to apply as if the Rural and Regional Adjustment (COVID-19 Marine Tourism Assistance Scheme—Round 2) Amendment Regulation 2021 had not commenced; and

(b)a reference in schedule 18 to COVID-19 travel restrictions is taken to be a reference to COVID travel restrictions within the meaning of former schedule 18, section 2.

(3)In this section—

former, for a provision of this regulation, means the provision as in force from time to time before the commencement.

relevant former provision means each of the following provisions—

(a)former schedule 18, section 2, definition COVID travel restrictions;

(b)former schedule 18, section 4;

(c)former schedule 18, sections 6 to 10.

Division 11 Transitional provision for Rural and Regional Adjustment (Variation of Rural Economic Development Grants Scheme) Amendment Regulation 2021

18   Continuation of maximum amount of assistance

(1)This section applies in relation to a grant of financial assistance given under the scheme mentioned in schedule 32 if—

(a)the application for the assistance was approved before the commencement; and

(b)the amount of the grant was greater than $200,000; and

(c)immediately before the commencement, the authority had not paid the full amount of the grant.

(2)Schedule 32, section 7(5), as in force immediately before the commencement, continues to apply in relation to the grant as if the Rural and Regional Adjustment (Variation of Rural Economic Development Grants Scheme) Amendment Regulation 2021 had not commenced.

Division 12 Transitional provision for Rural and Regional Adjustment (Variation of Work in Paradise Incentive Scheme) Amendment Regulation 2021

19   Existing applications for assistance

(1)This section applies if, before the commencement, an application for assistance under the scheme set out in schedule 36 was made but not decided.

(2)Schedule 36, as amended by the Rural and Regional Adjustment (Variation of Work in Paradise Incentive Scheme) Amendment Regulation 2021, applies to the application.

Division 13 Transitional provision for Rural and Regional Adjustment (Drought-related Assistance Schemes) Amendment Regulation 2022

20   Existing applications for assistance

(1)This section applies if, before the commencement, an application for assistance under the scheme set out in schedule 39 was made but not decided.

(2)Schedule 39, as amended by the Rural and Regional Adjustment (Drought-related Assistance Schemes) Amendment Regulation 2022, applies to the application.

Division 14 Transitional provision for Rural and Regional Adjustment (Variation of Tourism Business Professional Advice Rebate Scheme) Amendment Regulation 2022

21   Existing applications for assistance

(1)This section applies if, before the commencement, an application for assistance under the scheme set out in schedule 19 was made but not decided.

(2)Schedule 19, as amended by the Rural and Regional Adjustment (Variation of Tourism Business Professional Advice Rebate Scheme) Amendment Regulation 2022, applies to the application.

Division 15 Validation provision for Rural and Regional Adjustment (Variation of Tourism and Hospitality Sector Hardship Grants Scheme) Amendment Regulation 2022

22   Validation of particular sch 38 applications received by authority

(1)This section applies if—

(a)before the commencement, an entity (the applicant) made an application for a part 2 first payment (the part 2 first payment application); and

(b)before the commencement, either—

(i)the authority decided to approve the part 2 first payment application; or

(ii)the chief executive officer, in a review decision of an original decision in relation to the part 2 first payment application, decided to approve the application; and

(c)the applicant purportedly made an application for a part 2 second payment (the part 2 second payment application) that was received by the authority no later than 6p.m. on 6 December 2021; and

(d)a part 2 first payment had not been made to the applicant before the applicant purportedly made the part 2 second payment application.

(2)Despite schedule 38, section 20(3), the part 2 second payment application is, and is taken to have always been, as valid as it would have been if a part 2 first payment had been made to the applicant before the applicant purportedly made the part 2 second payment application.

(3)Terms defined in schedule 38 and used in this section have the same meanings as they have in schedule 38.

Division 16 Transitional provisions for Rural and Regional Adjustment (Natural Disaster-related Assistance Schemes) Amendment Regulation 2022

23   Existing applications for assistance—sch 39

(1)This section applies if an application for assistance under the scheme set out in schedule 39 was made but not decided before the commencement.

(2)Schedule 39, as amended by the Rural and Regional Adjustment (Natural Disaster-related Assistance Schemes) Amendment Regulation 2022, applies to the application.

24   Existing applications for assistance—sch 40

(1)This section applies if an application for assistance under the scheme set out in schedule 40 was made but not decided before the commencement.

(2)Schedule 40, as amended by the Rural and Regional Adjustment (Natural Disaster-related Assistance Schemes) Amendment Regulation 2022, applies to the application.

Division 17 Transitional provisions for Rural and Regional Adjustment (Variation of Wheelchair Accessible Taxi Grants Scheme) Amendment Regulation 2022

25   Definition for division

In this division—

amendment regulation means the Rural and Regional Adjustment (Variation of Wheelchair Accessible Taxi Grants Scheme) Amendment Regulation 2022.

26   Existing applications for assistance

(1)This section applies if, before the commencement, an application for assistance under the scheme set out in schedule 15 was made but not decided.

(2)Schedule 15, as amended by the amendment regulation, part 2, applies to the application.

26A   Application of particular provisions continued

(1)This section applies if before the commencement an application for assistance under the scheme set out in schedule 15 was made but not decided.

(2)Schedule 15, as in force immediately before the commencement, continues to apply to the application as if the amendment regulation, part 3 had not commenced.

Division 18 Transitional provisions for Rural and Regional Adjustment (Variation of Resilient Homes Assistance Scheme) Amendment Regulation 2022

27   Existing applications for assistance—sch 44

(1)This section applies if an application for assistance under the scheme set out in schedule 44 was made but not decided before the commencement.

(2)Schedule 44, as amended by the Rural and Regional Adjustment (Variation of Resilient Homes Assistance Scheme) Amendment Regulation 2022, applies to the application.

28   Grants of assistance made before commencement

(1)This section applies if a grant of financial assistance to an applicant for the cost of carrying out eligible works was made under the scheme set out in schedule 44 before the commencement.

(2)The authority must, as soon as practicable after the commencement, pay the amount of the GST that was excluded from the grant of financial assistance—

(a)if the assistance was paid to the applicant—to the applicant; or

(b)otherwise—to the licensed contractor who carried out the eligible works or is contracted to carry out the eligible works.

Division 19 Transitional provision for Rural and Regional Adjustment (Variation of Special Disaster Assistance Recovery Grants Scheme) Amendment Regulation 2022

29   Existing applications for assistance

(1)This section applies if, before the commencement, an application for assistance under the scheme set out in schedule 23 was made but not decided.

(2)Schedule 23, section 8, as amended by the Rural and Regional Adjustment (Variation of Special Disaster Assistance Recovery Grants Scheme) Amendment Regulation 2022, applies to the application.

(3)However, schedule 23, section 3, definition primary producer, as in force immediately before the commencement, continues to apply for deciding the application as if the Rural and Regional Adjustment (Variation of Special Disaster Assistance Recovery Grants Scheme) Amendment Regulation 2022 had not commenced.

Division 20 Transitional provision for Rural and Regional Adjustment (Variation of Zero Emission Vehicle Rebate Scheme) Amendment Regulation 2023

30   Existing applications for assistance

(1)This section applies to an application for assistance under the scheme set out in schedule 42 made, but not decided, before the commencement.

(2)Schedule 42, as amended by the Rural and Regional Adjustment (Variation of Zero Emission Vehicle Rebate Scheme) Amendment Regulation 2023, applies in relation to the application.

Division 21 Transitional provision for Rural and Regional Adjustment (Variation of Wheelchair Accessible Taxi Grants Scheme) Amendment Regulation 2024

31   Existing applications for assistance

(1)This section applies to an application for assistance under the scheme set out in schedule 15 made, but not decided, before the commencement.

(2)Schedule 15, as amended by the Rural and Regional Adjustment (Variation of Wheelchair Accessible Taxi Grants Scheme) Amendment Regulation 2024, applies in relation to the application.

Division 21A Transitional provisions for Rural and Regional Adjustment (Variation of Primary Industry Productivity Enhancement Scheme) Amendment Regulation 2024

31A   Existing applications for assistance

(1)This section applies to an application for assistance under the scheme set out in schedule 1 made, but not decided, before the commencement.

(2)Schedule 1, as amended by the Rural and Regional Adjustment (Variation of Primary Industry Productivity Enhancement Scheme) Amendment Regulation 2024, applies in relation to the application.

32   Existing loans

Schedule 1, other than section 6(2), as amended by the Rural and Regional Adjustment (Variation of Primary Industry Productivity Enhancement Scheme) Amendment Regulation 2024, applies in relation to a loan drawn down before the commencement.

Division 22 Transitional provision for Rural and Regional Adjustment (Feral Pest Exclusion Fencing Grants Scheme and Other Matters) Amendment Regulation 2025

33   Provisions taken to have referred to Minister administering Queensland Reconstruction Authority Act 2011

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

(a)schedule 2, section 1, definition appropriate Minister;

(b)schedule 3, section 1, definition appropriate Minister;

(c)schedule 7, section 3, definition appropriate Minister;

(d)schedule 21, section 3, definition appropriate Minister;

(e)schedule 23, section 3, definition appropriate Minister;

(f)schedule 47, section 5(2)(a).

(2)From 31 October 2023 until the commencement, the provision is taken to have referred to the Minister responsible for administering the Queensland Reconstruction Authority Act 2011 instead of the Minister responsible for administering the Disaster Management Act 2003.

(3)Subsection (2) applies to the provision despite the provision as it was in force before the commencement.

Schedule 1 Primary Industry Productivity Enhancement Scheme

section 3(1)

Part 1    Preliminary

1   Objective of scheme

The objective of the scheme is to provide assistance that will—

(a)strengthen the economy of Queensland regions; and

(b)facilitate the development of sustainable primary production in Queensland.

2   Application of scheme

(1)The scheme consists of the following programs—

(a)the first start program;

(b)the sustainability program.

(2)An applicant may apply for assistance under more than 1 program.

3   Definitions for sch 1

In this schedule—

approved application form, for a program under the scheme, means the application form approved by the authority for the program.

commercial wild-catch fishing means the fishing and harvesting for commercial purposes of marine and freshwater species from a wild population that are caught in their natural environment.

eligible activities means the eligible activities decided under section 5.

first start program means the part of the scheme set out in parts 2 and 3.

management plan, of an applicant applying for assistance under the scheme, means a plan that—

(a)includes details of the activity for which the applicant is applying for assistance; and

(b)adopts a timely whole of business approach to sustainable primary production and includes components of sustainable management relevant to—

(i)viability; and

(ii)productivity; and

(iii)managing the impacts of the activity on the natural resource base where the activity is to be carried out and other ecosystems affected by the activity; and

(iv)managing business and climate risks; and

(c)if the assistance is for on-farm activities—identifies and states the area of land affected by the application; and

(d)complies with the guidelines for management plans under the scheme that are issued by the authority.

Editor’s note—

A copy of the guidelines for management plans under the scheme may be obtained from the authority.

mutual obligation condition see section 11(1).

primary producer means—

(a)a sole trader who spends the majority of his or her labour on, and derives the majority of his or her income from, a primary production enterprise; or

(b)in relation to a partnership, proprietary company or trust that carries on a primary production enterprise, any partner in the partnership, shareholder in the company or beneficiary of the trust who spends the majority of their labour on, and derives the majority of their income from, the primary production enterprise.

primary production enterprise means a business—

(a)that involves primary production, including the agricultural, apicultural, aquacultural, commercial wild-catch fishing, forestry, grazing and horticultural industries; and

(b)for which an entity holds an Australian Business Number.

proprietary company means a proprietary company within the meaning of the Corporations Act.

scheme means the scheme set out in this schedule.

sharefisher means a person who—

(a)works in a business in the commercial wild-catch fishing industry; and

(b)shares the proceeds of the business with the owner of the business.

sustainability program means the part of the scheme set out in parts 2 and 4.

Part 2    General provisions for scheme

4   Nature of assistance

The nature of the assistance that may be given under the scheme is loans at concessional rates of interest to applicants who—

(a)are carrying out eligible activities; and

(b)under section 14 or 18, are eligible to receive assistance under the scheme.

5   Eligible activities

(1)The chief executive must—

(a)decide the activities that are eligible activities for each program under the scheme; and

(b)notify the authority about the decision made under paragraph (a).

(2)When deciding whether an activity is an eligible activity for a program, the chief executive must consult with relevant public sector entities.

6   Interest rate

(1)An applicant may ask the authority for 1 of the following types of interest rates for a loan under the scheme—

(a)an interest rate that is fixed for a period of 1, 3 or 5 years;

(b)an interest rate that is variable.

(2)The initial interest rate for a loan to the applicant under the scheme—

(a)is based on the type of interest rate requested by the applicant and approved by the authority; and

(b)is worked out by the authority based on the base lending rate for the type of interest rate when the applicant first draws down the loan or part of the loan.

(3)The applicant may, during the term of a loan, ask the authority for the same or another type of interest rate mentioned in subsection (1).

(4)If the authority approves the applicant’s request under subsection (3), the interest rate—

(a)is worked out by the authority based on the base lending rate for the type of interest rate when the request is approved; and

(b)is applied as soon as practicable but no earlier than the end of any period in which the interest rate is fixed.

(5)The authority may, during the term of the loan, review the applicant’s financial situation annually to decide whether to increase the interest rate for the loan.

(6)After a review under subsection (5), or at any time during the term of the loan, the authority may increase the interest rate for the loan to a commercial rate of interest decided by the authority.

(7)The authority may decide to increase the interest rate under subsection (6) more than once in relation to the applicant.

(8)In this section—

base lending rate—

(a)for an interest rate that is fixed for a period of 1, 3 or 5 years—means the fixed lending rate of the Queensland Treasury Corporation, plus a margin decided by the authority and approved by the Minister, for the period; or

(b)for an interest rate that is variable—means the variable lending rate of the Queensland Treasury Corporation, plus a margin decided by the authority and approved by the Minister.

7   Terms of repayment

(1)Repayment of principal and interest on a loan granted to an applicant under the scheme will be—

(a)initially calculated using a period of up to the maximum term of the loan; and

(b)tailored to the applicant’s individual requirements based on the applicant’s income patterns.

(2)The authority may give the applicant a period of not more than 10 years to make interest only repayments.

8   Security

If an applicant is given a loan under the scheme, the applicant must give security for the loan that the authority is satisfied is commensurate with the amount of the loan.

9   Applications

An application for assistance under the scheme must be—

(a)made on the approved application form for the program under which the applicant is applying; and

(b)accompanied by the documents stated on the approved application form; and

(c)given to the authority.

10   Deciding applications

(1)Subject to subsection (2), the authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme.

(2)The authority must refuse an application for assistance if the authority’s assistance funds for the scheme are not sufficient to pay for the assistance.

11   Mutual obligation condition of loan—reporting outcomes

(1)It is a condition (mutual obligation condition) of a loan under the scheme that the applicant for the loan give the authority reports on the outcomes achieved with the funds loaned to the applicant.

(2)The reports must be given to the authority in the form, and at the intervals, stated in the written offer of a loan given to the applicant by the authority.

11A   Application to consolidate loans

(1)This section applies if—

(a)a person has at least 1 loan under a program under the scheme and has applied for another loan under the same program; or

(b)a person has 2 or more loans under the same program.

(2)The person may apply to consolidate the loans into a single loan.

(3)The application must be—

(a)in the approved application form; and

(b)accompanied by the documents stated on the approved application form; and

(c)given to the authority.

11B   Approving application to consolidate loans

(1)The authority must consider, and decide to approve or refuse to approve, an application to consolidate loans made under section 11A.

(2)If the authority approves the consolidation of the loans, the term of, and the initial interest rate for, the consolidated loan is the term and rate decided by the authority.

(3)The initial interest rate for the consolidated loan is worked out by the authority based on the base lending rate when the loans are consolidated.

(4)In this section—

base lending rate see section 6(8).

Part 3    First start program

12   Purpose of assistance under first start program

(1)The first start program is designed to provide finance to an applicant in the first years of establishment of the applicant’s primary production enterprise.

(2)The purpose of assistance under the first start program is to enable an applicant to become a primary producer by assisting the applicant—

(a)to acquire and operate a viable primary production enterprise; or

(b)to acquire and operate a primary production enterprise on a staged basis, as part of a longer term plan for the applicant to operate a viable primary production enterprise; or

(c)to enter the existing primary production enterprise of the applicant’s parents or other family member, as a part of a longer term plan for the applicant to operate a viable primary production enterprise in the applicant’s own right; or

(d)to enter into a leasing, sharefarming or sharefishing arrangement that will lead to the applicant operating a viable primary production enterprise; or

(e)to upgrade, build up or develop the applicant’s existing non-viable primary production enterprise that has not generated the majority of the applicant’s income to one of an economically sustainable size.

13   Maximum loan amounts

The maximum amount of a loan, or the total outstanding loan balance, under the first start program is $2,000,000.

14   Eligibility criteria

(1)For an applicant to be eligible to receive assistance under the first start program, the applicant must—

(a)have resided in Queensland for at least 6 months; and

(b)not own, or have disposed of, a viable primary production enterprise; and

(c)demonstrate financial need for the assistance; and

(d)if the loan is to enter the existing primary production enterprise or buy the applicant’s parents’ or other family member’s assets, be able to demonstrate—

(i)the parents or family member is not in a financial position to completely effect a transfer of the assets; and

(ii)the purchase is not merely a refinance arrangement; and

(e)demonstrate adequate experience or other qualifications to give the applicant a reasonable prospect of success in the particular industry the applicant wishes to enter; and

(f)be able to demonstrate—

(i)for buying a primary production enterprise—the applicant will have 50% equity in the enterprise; or

(ii)for a leasing, sharefarming or sharefishing arrangement—the applicant will pay 50% of the set-up costs of the enterprise; and

(g)demonstrate adequate funding for carry-on purposes; and

(h)demonstrate sound prospects for commercial viability in the long-term development of the primary production enterprise, in accordance with the planned progression, and the capacity to service proposed debt from the enterprise and other forms of income; and

(i)trade in the applicant’s own right or satisfy the authority that the applicant’s entry into the existing primary production enterprise of the applicant’s parents or other family member is part of a longer term plan to ultimately trade in the applicant’s own right; and

(j)give the authority a management plan that shows the stages of a planned progression towards a viable first primary production enterprise.

(2)However, for subsection (1)(f), the authority may, in relevant circumstances, vary the amount of equity in the enterprise that the applicant is required to demonstrate.

Example of relevant circumstances—

An applicant has limited equity in the primary production enterprise but has a stable wage, salary or other off-farm income.

15   Maximum term of loan

The maximum term of a loan is 20 years.

Part 4    Sustainability program

16   Purpose of assistance under sustainability program

The purpose of assistance under the sustainability program is to enable a primary producer to implement systems and management practices that enhance the sustainability of the primary producer’s primary production enterprise by—

(a)increasing productivity and long-term viability; and

(b)avoiding or minimising adverse impacts on—

(i)the natural resource base where the activity for which the assistance is received is performed; and

(ii)other ecosystems affected by the activity; and

(c)adopting systems and practices to mitigate the effects of climate, drought and market risks.

17   Maximum loan amounts and outstanding loan balances

(1)The maximum amount of a loan under the sustainability program is $1,300,000.

(2)The maximum combined outstanding loan balance under the sustainability program and any of the following is $1,300,000—

(a)the former development program;

(b)the former resource management program;

(c)the former development program and former resource management program.

(5)In this section—

former development program means the development program in force under the repealed regulation, schedule, part 3, divisions 2 and 4 immediately before 10 December 2010.

former resource management program means the resource management program in force under the repealed regulation, schedule, part 3, divisions 2 and 5 immediately before 10 December 2010.

18   Eligibility criteria

(1)To be eligible to receive assistance under the sustainability program, the applicant must—

(a)demonstrate to the satisfaction of the authority—

(i)that the assistance is for a primary production enterprise carried on by a sole trader, partnership, proprietary company or trust; and

(ii)that an interested person for the primary production enterprise is a primary producer; and

(iii)the primary production enterprise has been carried on for at least 2 years; and

(iv)sound prospects for commercial viability, and the ability to service the loan, in the long term; and

(v)that the amount of the primary production enterprise’s non-enterprise or liquid assets is not more than the amount needed for prudent risk management; and

(vi)if the assistance is sought to rationalise a partnership—that the proposal for the rationalisation is not merely a refinance arrangement; and

(vii)if the assistance is sought to upgrade, buy or replace plant or machinery—the plant or machinery will be used predominantly for the enterprise; and

(b)demonstrate a financial need for the assistance; and

(c)give the authority a management plan that outlines the intended outcomes associated with the activity for which the applicant is applying for assistance; and

(d)if the assistance is sought for on-farm activities for which a licence, permit, approval or other authorisation under an Act is required before the activity can be conducted—give the authority a copy of the authorisation.

(2)In this section—

interested person, for a primary production enterprise, means—

(a)if the enterprise is carried on by a sole trader—the sole trader; or

(b)if the enterprise is carried on by a partnership, proprietary company or trust—a partner in the partnership, a shareholder in the company or a beneficiary of the trust.

19   Maximum term of loan

The maximum term of a loan is 20 years.

Schedule 2 Disaster Assistance (Primary Producers) Loans Scheme

section 3(1)

Part 1    Preliminary

1   Definitions for sch 2

In this schedule—

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 Queensland Reconstruction Authority Act 2011.

carry-on requirements see section 5(b).

chief executive means the chief executive of the department in which the Fisheries Act 1994 is administered.

defined disaster area, for an eligible disaster, means an area that the appropriate Minister has defined for the purpose of activating the disaster recovery funding arrangements for the communities affected by the disaster.

Editor’s note—

Defined disaster areas are published on the authority’s website.

development see the Planning Act 2016, schedule 2.

disaster recovery funding arrangements means the funding arrangements for providing financial assistance to communities affected by an eligible disaster, as agreed between the Commonwealth and the State, and as described in a document (however called) published by the Commonwealth.

Editor’s note—

The disaster recovery funding arrangements can be viewed on the Australian Government Disaster Assist website.

eligible disaster means—

(a)a natural disaster; or

(b)a terrorist act.

IDSP certificate, in relation to an applicant’s primary production enterprise, means a certificate issued by the chief executive stating—

(a)for an enterprise involving commercial wild-catch fishing—that in the chief executive’s opinion, a boat or equipment used to carry on the enterprise has been lost or damaged because of an eligible disaster that has significantly affected, or will significantly affect, the enterprise; or

(b)otherwise—the property where the enterprise is carried on has sustained damage because of an eligible disaster that has significantly affected, or will significantly affect, the enterprise.

individual disaster stricken enterprise see section 3.

natural disaster see section 2.

natural disaster relief and recovery arrangements ...

primary producer means—

(a)a sole trader who—

(i)spends the majority of their labour on a primary production enterprise; and

(ii)either—

(A)derives the majority of their income from the primary production enterprise; or

(B)in the opinion of the authority, based on the demonstrated production potential of the primary production enterprise, will, within a reasonable time, derive the majority of their income from the primary production enterprise; or

(b)a partnership, company or trust that carries on a primary production enterprise if the partners, shareholders or beneficiaries—

(i)spend the majority of their labour on the primary production enterprise; and

(ii)either—

(A)derive the majority of their income from the primary production enterprise; or

(B)in the opinion of the authority, based on the demonstrated production potential of the primary production enterprise, will, within a reasonable time, derive the majority of their income from the primary production enterprise.

primary production enterprise means—

(a)a business that—

(i)involves primary production, including the agricultural, apicultural, aquacultural, commercial wild-catch fishing, forestry, grazing and horticultural industries; or

(ii)supports primary production; and

Examples for subparagraph (ii)—

farm irrigation services, mustering business, shearing business, silage baling business, timber plantation maintenance services

(b)for which an entity holds an Australian Business Number.

property, of an applicant—

(a)means the land on which the applicant carries on a primary production enterprise (other than commercial wild-catch fishing) in relation to which the applicant has applied for assistance under the scheme; and

(b)includes the assets of the primary production enterprise on the land.

scheme means the scheme set out in this schedule.

terrorist act see the Police Powers and Responsibilities Act 2000, section 211.

2   Meaning of natural disaster

(1)A 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;

(h)a meteorite strike;

(i)a tornado;

(j)a tsunami.

(2)However, an event, other than an event mentioned in subsection (1)(a), is not a natural disaster if the authority considers human activity significantly contributed to the event or loss or damage suffered because of the event.

Examples of human activity for subsection (2)—

•a deliberate act

•an accident

•development

3   Meaning of individual disaster stricken enterprise

(1)A primary production enterprise involving commercial wild-catch fishing is an individual disaster stricken enterprise if—

(a)the enterprise has been, or will be, significantly affected by the loss of, or damage to, a boat or equipment used in carrying on the enterprise because of an eligible 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 boat or equipment was not in the area when the disaster happened.

(2)Another primary production enterprise is an individual disaster stricken enterprise if—

(a)the enterprise has been, or will be, significantly affected by damage to the property where the enterprise is carried on because of an eligible 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.

4   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 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.

Part 2    Natural disaster relief assistance

5   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)replanting, restoring or re-establishing areas affected by an eligible disaster; or

(ii)sustenance; or

(iii)essential property operations; or

(iv)paying rent or rates, or costs of repair or replacement of farm buildings.

6   Maximum loan amounts

(1)Subject to subsection (2), the maximum amount of a loan under the scheme for an eligible disaster for which the disaster recovery funding arrangements were activated before 13 January 2008 is—

(a)$100,000 for restocking; or

(b)$100,000 for meeting carry-on requirements.

(2)The total amount lent to an applicant under the scheme for an eligible disaster mentioned in subsection (1) must not be more than $150,000.

(3)Subject to subsection (4), the total amount lent to an applicant under the scheme for any 1 eligible disaster for which the disaster recovery funding arrangements were activated on or after 13 January 2008 must not be more than $250,000.

(4)The total amount lent to an applicant under the scheme for the March–April 2025 Western Queensland flood disaster must not be more than $5m.

(5)In this section—

March–April 2025 Western Queensland flood disaster means the eligible disaster defined by the appropriate Minister, for the purpose of activating the disaster recovery funding arrangements, as ‘Communities within Western Queensland affected by Western Queensland Surface Trough and Associated Rainfall and Flooding Commencing 21 March – 19 May 2025’, as amended from time to time.

7   Eligibility criteria

(1)For an applicant to be eligible to receive assistance under the scheme for an eligible disaster, the authority must be satisfied—

(a)the applicant is a primary producer; and

(b)if the applicant’s primary production enterprise involves wild-catch fishing—

(i)a boat or equipment used in carrying on the enterprise has been lost or damaged as a direct result of the disaster; and

(ii)either—

(A)the boat or equipment was in the defined disaster area for the disaster when the disaster happened; or

(B)the enterprise is an individual disaster stricken enterprise as a result of the disaster; and

(c)if paragraph (b) does not apply to the primary production enterprise—

(i)the property where the enterprise is carried on has been significantly damaged as a direct result of the disaster; and

(ii)either—

(A)the property is in the defined disaster area for the disaster; or

(B)the enterprise is an individual disaster stricken enterprise as a result of the disaster; and

(d)if the applicant claims the primary production enterprise is an individual disaster stricken enterprise, the applicant has given the authority an IDSP certificate or made reasonable efforts to obtain an IDSP certificate for the enterprise; and

(e)the applicant has taken reasonable precautions to avoid or minimise loss or damage from the disaster; and

Example for paragraph (e)—

The applicant had adequate insurance against loss or damage from the disaster.

(f)the applicant has used all of the applicant’s liquid assets and all normal credit sources up to normal credit limits; and

(g)the primary production enterprise will be viable with the assistance given; and

(h)the applicant has not taken excessive risks in carrying on the primary production enterprise.

(2)For deciding whether or not a primary production enterprise is an individual disaster affected enterprise under subsection (1)(b)(ii)(B) or (1)(c)(ii)(B), the authority must have regard to—

(a)the IDSP certificate, if any, issued for the enterprise; or

(b)if the chief executive has refused to issue an IDSP certificate for the enterprise—the reasons for the refusal.

8   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 primary production enterprise is an individual disaster stricken enterprise, 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.

9   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—

(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.

10   Terms of repayment

(1)The term of a loan under the scheme is the term decided by the authority up to a maximum of 10 years.

(2)The amounts of the repayments of principal and interest under the loan are the amounts decided by the authority, subject to subsections (3) and (4).

(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.

11   Review by authority

Assistance given to a primary producer under the scheme is subject to an annual review by the authority.

12   Application

(1)An application must be—

(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 primary production enterprise 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.

Schedule 3 Disaster Assistance (Small Business) Loans Scheme

section 3(1)

1   Definitions for sch 3

In this schedule—

applicant means a person applying for financial assistance under the scheme.

appropriate Minister means the Minister responsible for administering the Queensland Reconstruction Authority Act 2011.

defined disaster area, for an eligible disaster, means an area—

(a)defined by the appropriate Minister for the purpose of activating the disaster recovery funding arrangements for communities affected by the eligible disaster; and

(b)described in a document held by the authority and available for inspection by members of the public.

Editor’s note—

Defined disaster areas are published on the authority’s website.

development see the Planning Act 2016, schedule 2.

disaster recovery funding arrangements means the funding arrangements for providing financial assistance to communities affected by an eligible disaster, as agreed between the Commonwealth and the State, and as described in a document (however called) published by the Commonwealth.

Editor’s note—

The disaster recovery funding arrangements can be viewed on the Australian Government Disaster Assist website.

eligible disaster means—

(a)a natural disaster; or

(b)a terrorist act.

natural disaster see section 2.

natural disaster relief and recovery arrangements ...

scheme means the scheme set out in this schedule.

small business see section 3.

small business owner means—

(a)a sole trader who spends the majority of their labour on, and derives the majority of their income from, a small business; or

(b)in relation to a partnership, company or trust that carries on a small business, the partners in the partnership, shareholders in the company or beneficiaries of the trust who spend the majority of their labour on, and derive the majority of their income from, the small business.

terrorist act see the Police Powers and Responsibilities Act 2000, section 211.

2   Meaning of natural disaster

(1)A 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;

(h)a meteorite strike;

(i)a tornado;

(j)a tsunami.

(2)However, an event, other than an event mentioned in subsection (1)(a), is not a natural disaster if the authority considers human activity significantly contributed to the event or loss or damage suffered because of the event.

Examples of human activity for subsection (2)—

•a deliberate act

•an accident

•development

3   Meaning of small business

(1)A small business is a business—

(a)for which an entity holds an Australian Business Number; and

(b)in which are employed fewer than—

(i)20 full-time employees; or

(ii)if the business has employees other than full-time employees—20 equivalent full-time employees; and

(c)that is not operated by a public company.

(2)However, a small business does not include—

(a)a body corporate under the Body Corporate and Community Management Act 1997; or

(b)a primary production enterprise.

(3)For subsection (1)(b), the number of equivalent full-time employees of a business is worked out using the formula—      where—

E means the number of equivalent full-time employees of the business.

F means the number of full-time employees of the business.

P means the total number of hours worked each week by employees other than full-time employees.

(4)In this section—

full-time employee, of a business, means an individual who ordinarily works for at least 35 hours each week for the business.

primary production enterprise means a business that—

(a)involves primary production, including the agricultural, apicultural, aquacultural, commercial wild-catch fishing, forestry, grazing and horticultural industries; or

(b)supports primary production.

Examples for paragraph (b)—

farm irrigation services, mustering business, shearing business, silage baling business, timber plantation maintenance services

public company means a public company within the meaning of the Corporations Act.

4   Purpose of assistance

(1)The purpose of assistance under the scheme is to provide concessional loans to small business owners—

(a)whose buildings, plant and equipment or stock have been significantly damaged by an eligible 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.

5   Nature of assistance

The nature of the assistance under the scheme for a small 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;

(c)supplying stock for up to 1 month to replace lost stock and maintain liquidity of the business.

6   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 small business caused by the eligible disaster to which the applicant’s application relates.

(2)However, the amount of loan assistance for an applicant under the scheme for an eligible disaster for which the disaster recovery funding arrangements were activated before 13 January 2008 must not be more than—

(a)$100,000; or

(b)if there is more than 1 loan given to the applicant under the scheme—a cumulative total of $150,000.

(3)Also, the total amount lent to an applicant under the scheme for any 1 eligible disaster for which the disaster recovery funding arrangements were activated on or after 13 January 2008 must not be more than $250,000.

7   Eligibility criteria

(1)For an applicant to be eligible to receive assistance under the scheme for an eligible disaster, the authority must be satisfied—

(a)the applicant is a small business owner; and

(b)immediately before the eligible disaster, the applicant carried on a small business in the defined disaster area; and

(c)the applicant has sustained substantial damage to buildings, plant, equipment or stock of the small business as a result of the eligible disaster; and

(d)the applicant has not taken excessive risks in carrying on the small business; and

Example for paragraph (d)—

The authority is satisfied the applicant’s capital expenditure for the small business has not been excessive.

(e)the applicant has taken reasonable precautions to avoid or minimise loss or damage from the eligible disaster; and

Example for paragraph (e)—

The authority is satisfied the applicant has adequate insurance against loss or damage from the disaster.

(f)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

(g)the applicant has used all liquid assets and normal credit sources up to normal credit limits; and

(h)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

(i)the applicant will continue to carry on or will re-establish the small business at the same place or elsewhere in the local government area where the business was carried on before the eligible disaster; and

(j)with the assistance under the scheme, the applicant has reasonable prospects of carrying on or re-establishing the small business on a viable basis.

(2)A public company, whether acting alone or with another company, is not eligible for assistance under the scheme.

8   Security

A loan under the scheme must be secured to the satisfaction of the authority.

9   Terms of repayment

(1)The term of a loan under the scheme is the term decided by the authority up to a maximum of 10 years.

(2)The amounts of the repayments of principal and interest under the loan are the amounts decided by the authority, subject to subsections (3) and (4).

(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 approved term of the loan.

10   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.

Schedule 4 Drought carry-on finance loan scheme

section 3(1)

Part 1    Preliminary

1   Objective of scheme

The objective of the scheme is to assist sole traders, partnerships, proprietary companies and trusts, that are carrying on primary production enterprises that have been significantly financially affected by drought, with carry-on finance.

2   Purpose of assistance

(1)The purpose of assistance under the scheme is to provide concessional loans to sole traders, partnerships, proprietary companies and trusts carrying on primary production enterprises to assist the entities to meet working capital expenses.

(2)For subsection (1), working capital expenses include, for example, the following—

(a)paying employee wages;

(b)paying creditors;

(c)paying rent and rates;

(d)buying goods, including fuel, for carrying on the business.

(3)However, for subsection (1), the following are not working capital expenses—

(a)refinancing existing business loans or equipment finance;

(b)buying new equipment or other assets.

3   Definitions for schedule

In this schedule—

primary producer means—

(a)a sole trader who spends the majority of the person’s labour on, and derives the majority of the person’s income from, a primary production enterprise; or

(b)in relation to a partnership, proprietary company or trust that carries on a primary production enterprise, any partner in the partnership, shareholder in the company or beneficiary of the trust who spends the majority of their labour on, and derives the majority of their income from, the primary production enterprise.

primary production enterprise means a business—

(a)that involves primary production, including the agricultural, apicultural, aquacultural, forestry, grazing and horticultural industries; and

(b)for which an entity holds an Australian Business Number.

resilience plan, for a primary production enterprise, see section 4.

scheme means the scheme set out in this schedule.

4   Meaning of resilience plan

A resilience plan, for a primary production enterprise, is a plan that the authority is satisfied—

(a)addresses risks relevant to the primary production enterprise, including—

(i)viability risks; and

(ii)productivity risks; and

(iii)business and climate risks, such as drought; and

(b)details the actions the applicant may take to manage the risks relevant to the primary production enterprise to improve the resilience of the primary production enterprise; and

(c)complies with the guidelines for resilience plans under the scheme that are issued by the authority.

Note—

A copy of the guidelines for resilience plans under the scheme may be obtained from the authority.

Part 2    General provisions of scheme

5   Nature of assistance

The nature of the assistance that may be given to an applicant under the scheme is a loan at a concessional rate of interest to be used to pay for a purpose mentioned in section 2.

6   Maximum loan amount

(1)The maximum amount of a loan, or total outstanding loan balance, under the scheme is $250,000.

(2)However, if the applicant applies for assistance under the scheme and the scheme set out in schedule 5, the maximum amount of the loans an applicant may receive under both schemes is a combined total of $250,000.

7   Eligibility criteria

(1)To be eligible to receive assistance under the scheme the applicant must demonstrate to the authority that—

(a)the assistance is for a primary production enterprise carried on by a sole trader, partnership, proprietary company or trust; and

(b)the applicant is the sole trader, partnership, proprietary company or trust that is carrying on the primary production enterprise; and

(c)an interested person for the primary production enterprise is a primary producer; and

(d)the applicant—

(i)has taken reasonable precautions to minimise the effect of drought on the primary production enterprise; and

Example of reasonable precautions—

maintaining stock at levels commensurate with seasonal conditions

(ii)intends to use any of the primary production enterprise’s surplus liquid reserves or normal credit sources up to normal credit limits, in conjunction with the loan, to continue operations; and

(iii)can service the loan; and

(e)the primary production enterprise—

(i)has been carried on for at least 12 months before the day the application for assistance is made; and

(ii)demonstrates prospects for commercial viability; and

(iii)requires financial assistance because the primary production enterprise has been significantly financially affected by drought.

(2)Also, an applicant must give to the authority, or demonstrate to the authority that the applicant intends to give to the authority, a resilience plan for the primary production enterprise.

(3)However, an applicant is not eligible to receive assistance under the scheme if—

(a)the applicant has received assistance under the scheme and the loan has not been discharged; or

(b)the applicant has received assistance under the scheme in the 5 years before the day the application for assistance is made; or

(c)the applicant or an interested person for the primary production enterprise—

(i)has given to the department, in support of an application for DRAS funding, an invoice issued in the 6 months before the day the application for assistance is made; and

(ii)has received DRAS funding for the invoice.

(4)In this section—

department means the department in which the Fisheries Act 1994 is administered.

DRAS funding means—

(a)a freight subsidy under the program known as the Drought Relief Assistance Scheme administered by the department; or

(b)a rebate known as the Emergency Water Infrastructure Rebate under the program known as the Drought Relief Assistance Scheme administered by the department.

interested person, for a primary production enterprise, means—

(a)if the primary production enterprise is carried on by a sole trader—the sole trader; or

(b)if the primary production enterprise is carried on by a partnership, proprietary company or trust—a partner in the partnership, a shareholder in the company or a beneficiary of the trust.

8   Interest rates

(1)The interest charged on a loan given under the scheme must be calculated at a concessional interest rate decided by the authority.

(2)The authority may include a condition varying the interest rate during the term of the loan.

9   Security

A loan under the scheme must be secured to the satisfaction of the authority.

10   Terms of repayment

(1)The term of a loan under the scheme is the term decided by the authority up to a maximum of 10 years.

(2)During the first 2 years of the loan term, the applicant must make the interest repayments decided by the authority.

(3)From the start of the third year of the loan term, the applicant must make the principal and interest repayments decided by the authority.

11   Condition

(1)The payment of assistance under the scheme is subject to the condition stated in this section.

(2)If an applicant’s application for assistance is not accompanied by a resilience plan for the primary production enterprise the subject of the application, the applicant must, if requested by the authority, give a resilience plan for the primary production enterprise to the authority.

12   Requirements for applications

(1)An application for assistance under the scheme must—

(a)be made on the authority’s application form; and

(b)be accompanied by the documents stated on the application form; and

(c)be given to the authority.

(2)If the authority asks the applicant to provide further information to support the application, the applicant must provide the information.

13   Deciding applications

(1)The authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme that complies with section 12(1).

(2)The authority must consider applications in the order they are received by the authority.

(3)The authority must refuse an application for assistance if the authority’s assistance funds for the scheme are not enough to pay for the assistance.

14   Review by authority

Assistance given to an applicant under the scheme may be subject to an annual review by the authority.

Schedule 5 Emergency drought assistance loan scheme

section 3(1)

Part 1    Preliminary

1   Objective of scheme

The objective of the scheme is to assist sole traders, partnerships, proprietary companies and trusts, that are carrying on primary production enterprises that have been significantly financially affected by drought, with carry-on finance.

2   Purpose of assistance

(1)The purpose of assistance under the scheme is to provide interest-free loans to sole traders, partnerships, proprietary companies and trusts that are carrying on primary production enterprises to assist the entities to meet working capital expenses.

(2)For subsection (1), working capital expenses include, for example, the following—

(a)paying employee wages;

(b)paying creditors;

(c)paying rent and rates;

(d)buying goods, including fuel, for carrying on the business.

(3)However, for subsection (1), the following are not working capital expenses—

(a)refinancing existing business loans or equipment finance;

(b)buying new equipment or other assets.

3   Definitions for schedule

In this schedule—

primary producer means—

(a)a sole trader who spends the majority of the person’s labour on, and derives the majority of the person’s income from, a primary production enterprise; or

(b)in relation to a partnership, proprietary company or trust that carries on a primary production enterprise, any partner in the partnership, shareholder in the company or beneficiary of the trust who spends the majority of their labour on, and derives the majority of their income from, the primary production enterprise.

primary production enterprise means a business—

(a)that involves primary production, including the agricultural, apicultural, aquacultural, forestry, grazing and horticultural industries; and

(b)for which an entity holds an Australian Business Number.

resilience plan, for a primary production enterprise, see section 4.

scheme means the scheme set out in this schedule.

4   Meaning of resilience plan

A resilience plan, for a primary production enterprise, is a plan that the authority is satisfied—

(a)addresses risks relevant to the primary production enterprise, including—

(i)viability risks; and

(ii)productivity risks; and

(iii)business and climate risks, such as drought; and

(b)details the actions the applicant may take to manage the risks relevant to the primary production enterprise to improve the resilience of the primary production enterprise; and

(c)complies with the guidelines for resilience plans under the scheme that are issued by the authority.

Note—

A copy of the guidelines for resilience plans under the scheme may be obtained from the authority.

Part 2    General provisions of scheme

5   Nature of assistance

The nature of the assistance that may be given to an applicant under the scheme is an interest-free loan to be used to pay for a purpose mentioned in section 2.

6   Maximum loan amount

(1)The maximum amount of a loan, or total outstanding loan balance, under the scheme is $50,000.

(2)However, if the applicant applies for assistance under the scheme and the scheme set out in schedule 4, the maximum amount of the loans an applicant may receive under both schemes is a combined total of $250,000.

7   Eligibility criteria

(1)To be eligible to receive assistance under the scheme the applicant must demonstrate to the authority that—

(a)the assistance is for a primary production enterprise carried on by a sole trader, partnership, proprietary company or trust; and

(b)the applicant is the sole trader, partnership, proprietary company or trust that is carrying on the primary production enterprise; and

(c)an interested person for the primary production enterprise is a primary producer; and

(d)the applicant—

(i)has taken reasonable precautions to minimise the effect of drought on the primary production enterprise; and

Example of reasonable precautions—

maintaining stock at levels commensurate with seasonal conditions

(ii)intends to use any of the primary production enterprise’s surplus liquid reserves or normal credit sources up to normal credit limits, in conjunction with the loan, to continue operations; and

(iii)can service the loan; and

(e)the primary production enterprise—

(i)has been carried on for at least 12 months before the day the application for assistance is made; and

(ii)demonstrates prospects for commercial viability; and

(iii)requires financial assistance because the primary production enterprise has been significantly financially affected by drought.

(2)Also, an applicant must give to the authority, or demonstrate to the authority that the applicant intends to give to the authority, a resilience plan for the primary production enterprise.

(3)However, an applicant is not eligible to receive assistance under the scheme if—

(a)the applicant has received assistance under the scheme and the loan has not been discharged; or

(b)the applicant has received assistance under the scheme in the 5 years before the day the application for assistance is made; or

(c)the applicant or an interested person for the primary production enterprise—

(i)has given to the department, in support of an application for DRAS funding, an invoice issued in the 6 months before the day the application for assistance is made; and

(ii)has received DRAS funding for the invoice.

(4)In this section—

department means the department in which the Fisheries Act 1994 is administered.

DRAS funding means—

(a)a freight subsidy under the program known as the Drought Relief Assistance Scheme administered by the department; or

(b)a rebate known as the Emergency Water Infrastructure Rebate under the program known as the Drought Relief Assistance Scheme administered by the department.

interested person, for a primary production enterprise, means—

(a)if the primary production enterprise is carried on by a sole trader—the sole trader; or

(b)if the primary production enterprise is carried on by a partnership, proprietary company or trust—a partner in the partnership, a shareholder in the company or a beneficiary of the trust.

8   Security

A loan under the scheme must be secured to the satisfaction of the authority.

9   Terms of repayment

(1)The term of a loan under the scheme is the term decided by the authority up to a maximum of 7 years.

(2)During the first 2 years of the loan term, the authority must defer repayments of the principal.

(3)From the start of the third year of the loan term, the applicant must make the principal repayments decided by the authority.

10   Condition

(1)The payment of assistance under the scheme is subject to the condition stated in this section.

(2)If an applicant’s application for assistance is not accompanied by a resilience plan for the primary production enterprise the subject of the application, the applicant must, if requested by the authority, give a resilience plan for the primary production enterprise to the authority.

11   Requirements for applications

(1)An application for assistance under the scheme must—

(a)be made on the authority’s application form; and

(b)be accompanied by the documents stated on the application form; and

(c)be given to the authority.

(2)If the authority asks the applicant to provide further information to support the application, the applicant must provide the information.

12   Deciding applications

(1)The authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme that complies with section 11(1).

(2)The authority must consider applications in the order they are received by the authority.

(3)The authority must refuse an application for assistance if the authority’s assistance funds for the scheme are not enough to pay for the assistance.

13   Review by authority

Assistance given to an applicant under the scheme may be subject to an annual review by the authority.

Schedule 6 Small Business Emergency Assistance Scheme

section 3(1)

1   Definitions for sch 6

In this schedule—

Commonwealth Act means the Rural Adjustment Act 1992 (Cwlth).

EC declaration means a declaration under the Commonwealth Act of an area as an area undergoing exceptional circumstances.

small business see section 2.

2   Meaning of small business

(1)A small business is a business—

(a)for which an entity holds an Australian Business Number; and

(b)in which are employed fewer than—

(i)100 full-time employees of the business; or

(ii)if the business has employees other than full-time employees—100 equivalent full-time employees of the business.

(2)For subsection (1)(b), the number of equivalent full-time employees of a business must be worked out using the formula—      where—

E means the number of equivalent full-time employees of the business.

F means the number of full-time employees of the business.

P means the total number of hours worked each week by employees other than full-time employees.

(3)In this section—

full-time employee, of a business, means an individual who ordinarily works for at least 35 hours each week for the business.

3   Objective of scheme

(1)The objective of the scheme is to assist small business owners to meet operating and other essential costs if the business enterprise is—

(a)located in, adjacent to or dependent on, an EC area; or

(b)affected by another significant event decided by the Minister.

(2)In this section—

EC area means an area declared under an EC declaration.

4   Nature of assistance

The nature of the assistance that may be given under the scheme is an interest subsidy for new or existing commercial loans.

5   Maximum subsidy amount

(1)Subject to subsection (5), the maximum interest subsidy that may be given for a loan is $10,000 a year for each EC period.

(2)The interest subsidy will be not more than 50% of the interest payable on new or existing loans for the period of the assistance, if the lender’s rate is competitive for the loan being subsidised.

(3)Payment of the interest subsidy will be made in advance to the commercial lender for not more than 1 year and then be subject to a second year review.

(4)If under the EC declaration, assistance may be given for more than 2 EC periods, an interest subsidy may be applied for and given for each additional EC period.

(5)Any subsidies already given under the former small business drought assistance scheme must be deducted from the amount mentioned in subsection (1).

(6)In this section—

EC period means a period, that is 1 year or less, for which an EC declaration applies and for which assistance may be given under the scheme.

former small business drought assistance scheme means the scheme set out in schedule 8 as in force immediately before the commencement of this definition.

6   Eligibility criteria

For an applicant to be eligible to receive assistance—

(a)the applicant must—

(i)own (whether as sole owner, in partnership or as a private company) and operate a small business; and

(ii)demonstrate that the applicant has owned and operated the business for at least 2 years; and

(iii)ordinarily obtain the applicant’s major source of income from the business enterprise; and

(iv)demonstrate a need for the assistance; and

(v)provide evidence that the need for the assistance is related to the effect of the exceptional circumstances or other significant event decided under section 3(1)(b); and

(b)the authority must be satisfied that the business enterprise has sound prospects of commercial viability given normal conditions.

7   Applications

(1)An application for assistance must be—

(a)made on the application form approved by the authority; and

(b)accompanied by the documents stated on the application form; and

(c)given to the authority.

(2)If drought is the main cause of the need for assistance—

(a)the application must be made not later than 6 months after the EC declaration is revoked under the Commonwealth Act; and

(b)if the application is made within 6 months after the revocation, assistance may be given for up to 1 year.

8   Deciding applications

The authority must consider, and decide to approve or refuse to approve, each application for assistance.

Schedule 7 Disaster Assistance (Essential Working Capital) Loans Scheme

section 3(1)

Part 1    Preliminary

1   Objective of scheme

The objective of the scheme is to provide assistance to eligible entities that have suffered a significant loss of income as a result of an eligible disaster.

2   Purpose of assistance

(1)The purpose of the assistance under the scheme is to provide an eligible entity with essential working capital, by way of a loan, to continue its farming, business or non-profit operations that have been affected by an eligible disaster.

(2)However, assistance under the scheme is not intended to compensate eligible entities for loss of income suffered as a result of an eligible disaster.

(3)Also, the scheme is not intended to provide assistance relating to direct damage suffered as a result of an eligible disaster.

3   Definitions for sch 7

In this schedule—

applicant means a person applying for financial assistance under the scheme.

appropriate Minister means the Minister responsible for administering the Queensland Reconstruction Authority Act 2011.

defined disaster area, for an eligible disaster, means an area—

(a)defined by the appropriate Minister for the purpose of activating the disaster recovery funding arrangements for communities affected by the eligible disaster; and

(b)described in a document held by the authority and available for inspection by members of the public.

Editor’s note—

Defined disaster areas are published on the authority’s website.

development see the Planning Act 2016, schedule 2.

disaster recovery funding arrangements means the funding arrangements for providing financial assistance to communities affected by an eligible disaster, as agreed between the Commonwealth and the State, and as described in a document (however called) published by the Commonwealth.

Editor’s note—

The disaster recovery funding arrangements can be viewed on the Australian Government Disaster Assist website.

eligible disaster means—

(a)a natural disaster; or

(b)a terrorist act.

eligible entity means a person eligible under section 8 for assistance under the scheme.

essential working capital see section 6(2).

loss of income see section 5A.

natural disaster see section 4.

natural disaster relief and recovery arrangements ...

non-profit organisation means a charity or other not-for-profit entity that is—

(a)incorporated under a law of the Commonwealth or a State; and

(b)either—

(i)registered under the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth) or the Collections Act 1966; or

Note—

The Queensland Road Rules, section 353B prescribes vehicles that are, and vehicles that are not, power-assisted bicycles.

eligible device see section 4.

e-scooter see section 5.

scheme means the scheme set out in this schedule.

4   Meaning of eligible device

(1)An eligible device is an e-bicycle or e-scooter that—

(a)has not previously been sold or used; and

(b)is fitted with a battery management system; and

(c)is supplied with a charger that—

(i)is marked with the regulatory compliance mark in compliance with the RCM standard; and

(ii)is registered in the national register under the Electrical Safety Act 2002.

(2)However, an eligible device does not include an accessory for the device, other than a charger for the device.

Examples of accessories for an eligible device—

•helmets

•baskets, lights, mirrors or locks that are not part of the eligible device

(3)In this section—

battery management system means a system designed to manage the charging and discharging of cells in a battery to enable a safe range of voltages and currents to be applied or supplied by the battery.

RCM standard means AS/NZS 4417 (Regulatory compliance mark for electrical and electronic equipment), published jointly by Standards Australia and Standards New Zealand.

5   Meaning of e-scooter

(1)A personal mobility device is an e-scooter if—

(a)the device has—

(i)1 wheel at the front, and 1 or 2 wheels at the back, of the device; or

(ii)1 or 2 wheels at the front, and 1 wheel at the back, of the device; and

(b)the device has a footboard supported by the wheels; and

(c)the device is steered by handlebars; and

(d)the device is not more than 1,250mm in length by 700mm in width by 1,350mm in height; and

(e)the electric motor propelling the device is not capable of operating when the device is going faster than 25km/h.

(2)In this section—

personal mobility device see the Transport Operations (Road Use Management) Act 1995, schedule 4.

Note—

The Queensland Road Rules, section 15A prescribes requirements for a vehicle to be a personal mobility device.

Part 2    General provisions for scheme

6   Nature and amount of assistance

(1)The nature of the assistance available under the scheme is a rebate to offset the cost of purchasing an eligible device.

(2)The amount of the assistance is the lesser of the following amounts—

(a)the amount mentioned in subsection (3) for the eligible device;

(b)the cost of the eligible device (inclusive of GST).

(3)For subsection (2)(a), the amount is—

(a)for an eligible device that is an e-bicycle—$500; or

(b)for an eligible device that is an e-scooter—$200.

7   Eligibility criteria

(1)An applicant is eligible to receive assistance under the scheme if the authority is satisfied—

(a)the applicant is an adult; and

(b)the applicant resides in Queensland; and

(c)on or after the day the scheme opens under section 8(a), the applicant purchased an eligible device from an eligible business; and

(d)the applicant has paid in full for the eligible device; and

(e)the applicant has not purchased the eligible device to be used as part of a business; and

(f)the applicant has not already received assistance under the scheme for an eligible device; and

(g)no more than 2 other individuals occupying the principal place of residence occupied by the applicant have received assistance under the scheme for an eligible device.

(2)In this section—

eligible business means—

(a)a retail business in Queensland; or

(b)an online business for which an entity holds an Australian Business Number.

8   Operation of scheme

The scheme—

(a)opens on the day stated on the authority’s website as the day the scheme opens; and

(b)closes on the earlier of the following days—

(i)the day stated on the authority’s website as the day the scheme closes;

(ii)the day on which the authority’s assistance funds become insufficient to pay further assistance under the scheme.

9   Requirements for applications

(1)An application for assistance under the scheme must—

(a)be made using the form approved by the authority; and

(b)be accompanied by the documents stated in the form; and

(c)be given to the authority while the scheme is open under section 8.

(2)If the authority asks the applicant to provide further information to decide the application, the applicant must provide the information.

(3)If the applicant does not comply with a request made by the authority under subsection (2), the applicant’s application is taken to be withdrawn.

10   Deciding applications

(1)The authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme that complies with section 9.

(2)The authority must decide applications in the order they are received by the authority.

(3)The authority must refuse to approve an application if the funds for the scheme are insufficient to pay for the assistance.

(4)If the authority refuses to approve an application, the authority must give the applicant written notice of the decision.

Schedule 63 Feral pest exclusion fencing grants scheme

section 3(1)

Part 1    Preliminary

1   Objective of scheme

The objective of the scheme is to provide financial assistance to eligible landholders to assist in paying for eligible projects.

2   Purpose of assistance

The purpose of assistance under the scheme is to give eligible landholders a grant to contribute to the cost of an eligible project.

3   Definitions for schedule

In this schedule—

applicant means a person applying for assistance under a round of the scheme.

eligible exclusion fencing see section 4.

eligible landholder means a landholder who carries on a grazing enterprise in an eligible rural area.

eligible project see section 5.

eligible rural area means any of the following local government areas—

(a)Balonne Shire;

(b)Banana Shire;

(c)Barcaldine Region;

(d)Barcoo Shire;

(e)Blackall-Tambo Region;

(f)Boulia Shire;

(g)Bulloo Shire;

(h)Burdekin Shire;

(i)Burke Shire;

(j)Carpentaria Shire;

(k)Cassowary Coast Region;

(l)Central Highlands Region;

(m)Charters Towers Region;

(n)Cloncurry Shire;

(o)Cook Shire;

(p)Croydon Shire;

(q)Diamantina Shire;

(r)Douglas Shire;

(s)Etheridge Shire;

(t)Flinders Shire;

(u)Gladstone Region;

(v)Goondiwindi Region;

(w)Gympie Region;

(x)Hinchinbrook Shire;

(y)Isaac Region;

(z)Livingstone Shire;

(za)Lockyer Valley Region;

(zb)Longreach Region;

(zc)Maranoa Region;

(zd)Mareeba Shire;

(ze)McKinlay Shire;

(zf)Mount Isa City;

(zg)Murweh Shire;

(zh)North Burnett Region;

(zi)Paroo Shire;

(zj)Quilpie Shire;

(zk)Richmond Shire;

(zl)Scenic Rim Region;

(zm)Somerset Region;

(zn)South Burnett Region;

(zo)Southern Downs Region;

(zp)Tablelands Region;

(zq)Western Downs Region;

(zr)Whitsunday Region;

(zs)Winton Shire.

grazing enterprise means a business—

(a)involving grazing livestock; and

(b)for which an entity holds an Australian Business Number.

landholder see section 6.

livestock means cattle, goats or sheep.

project agreement see section 14(a).

scheme means the scheme set out in this schedule.

4   What is eligible exclusion fencing

Exclusion fencing is eligible exclusion fencing if the authority is satisfied the fencing is constructed in a way that will significantly reduce the ability of wild dogs to access areas protected by the fencing.

5   What is an eligible project

An eligible project is a project—

(a)involving the construction of eligible exclusion fencing on the boundary of a property of an eligible landholder in an eligible rural area; and

(b)that the authority is satisfied is likely to be completed no later than 3 years after the day the construction starts.

6   Who is a landholder

A landholder is any of the following entities—

(a)if the land is freehold land—the registered owner of the land;

(b)if the land is the subject of a lease registered under the Land Title Act 1994—the lessee of the land;

(c)if the land is the subject of a lease registered under the Land Act 1994—the lessee of the land;

(d)if the land is a reserve—the trustee of the reserve;

(e)if a person has occupation rights in relation to the land under a licence or permit—the licensee or permittee.

Part 2    General provisions of scheme

7   Nature of assistance

(1)The nature of assistance that may be given to an applicant under a round of the scheme is a grant to offset part of the cost of an eligible project.

(2)However, a grant of assistance is not available for—

(a)funding the construction of cluster fencing; or

(b)funding the maintenance, repair, reinstatement or replacement of existing fencing.

8   Amount of assistance

(1)An applicant for assistance for an eligible project may be given an amount of assistance of up to half of the total cost of the project.

(2)However, the maximum amount of assistance that may be given to an applicant under subsection (1) is—

(a)for an eligible project involving the construction of no more than 50kms of eligible exclusion fencing—

(i)$5,000 for each whole kilometre of fencing to be constructed; and

(ii)a proportionate amount of $5,000 for part of a kilometre of fencing to be constructed; or

(b)for an eligible project involving the construction of more than 50kms of eligible exclusion fencing—$250,000.

9   Eligibility criteria

An applicant is eligible to receive assistance for an eligible project under the scheme if the applicant—

(a)is an eligible landholder; and

(b)demonstrates to the satisfaction of the authority that the applicant—

(i)can contribute at least half of the cost of the eligible project; and

(ii)has suffered significant loss of income as a result of the predation of livestock by wild dogs; and

(iii)has adequate experience or other qualifications to give the applicant a reasonable prospect of success in completing the eligible project; and

(c)has not previously received assistance under the scheme for an eligible project.

10   Scheme to operate in rounds

(1)The scheme will operate in rounds.

(2)A round of the scheme opens on the day stated on the primary industries department’s website (the opening day).

(3)A round of the scheme closes on the earlier of the following days (each the closing day)—

(a)the day stated on the primary industries department’s website as the day the round closes;

(b)the day on which the authority’s assistance funds become insufficient to pay further assistance under the round.

(4)An application for assistance under a round of the scheme may be made from the opening day until the end of the closing day.

(5)In this section—

primary industries department means the department in which the Biosecurity Act 2014 is administered.

11   Requirements for applications

(1)An application for assistance must—

(a)be made using the form approved by the authority; and

(b)be accompanied by the documents stated on the form.

(2)If the authority asks the applicant to provide further information to decide the application, the applicant must provide the information within the reasonable period stated in the request.

(3)If the applicant does not comply with a request made under subsection (2), the applicant’s application is taken to be withdrawn.

12   Priority of consideration of applications

(1)The authority must consider approving applications for assistance for eligible projects in the following descending order of priority—

(a)from applications relating to eligible projects the authority considers will provide the greatest benefit to an eligible rural area in reducing the predation of livestock by wild dogs;

(b)to applications relating to eligible projects the authority considers will provide the least benefit to an eligible rural area in reducing the predation of livestock by wild dogs.

(2)However, the authority may also consider each of the following matters for prioritising an application for assistance for an eligible project—

(a)the actions the applicant has taken to prevent predation of livestock by wild dogs in the 3 years before the application was made;

(b)whether, in the authority’s opinion, the project represents reasonable value for money;

(c)the extent to which the authority considers the project—

(i)will increase the productivity and viability of the applicant’s grazing enterprise; and

(ii)will complement the actions mentioned in paragraph (a);

(d)the actions the applicant proposes to take to manage any risks identified by the applicant in completing the project, including the systems and practices the applicant intends to adopt to mitigate the risks;

(e)the actions the applicant proposes to take to maintain the exclusion fencing to which the project relates.

13   Deciding applications

(1)The authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme.

(2)The authority may approve a lesser amount of assistance than applied for in the application.

(3)The authority must refuse to approve an application if the authority’s assistance funds for the scheme are insufficient to pay for the assistance.

(4)If the authority refuses to approve an application, the authority must give the applicant written notice of the decision.

14   Conditions of assistance

The payment of assistance to a person for an eligible project is subject to the following conditions—

(a)before receiving the assistance, the person must enter into a written agreement (the project agreement) with the authority that sets out the terms on which the assistance is to be provided;

(b)the person must comply with the terms of the project agreement;

(c)any works relating to the project must not start until after the project agreement is entered into;

(d)if asked by the authority, the person must, within the reasonable time stated in the request, give the authority a written report stating—

(i)the estimated total cost of the project, whether or not the project is complete; and

(ii)if the project is not complete—

(A)the steps taken towards completing the project; and

(B)the cost of each step; and

(C)the estimated time needed to complete the project;

(e)the person must not engage a person (a service provider) to provide a service for the project if—

(i)the service provider is employed by an entity owned, or partly owned, by the person; or

(ii)the service provider is an entity owned, or partly owned, by the applicant;

(f)the person must not obtain goods for the project from an entity owned, or partly owned, by the person.

15   Payment of assistance

(1)The authority may pay the amount of assistance approved under the scheme only if satisfied the person receiving the assistance has complied with the terms of the project agreement and the other conditions mentioned in section 14.

(2)The authority may pay the assistance in instalments at intervals decided by the authority.

Schedule 64 Irrigation pricing rebate scheme

section 3(1)

Part 1    Preliminary

1   Objective of scheme

The objective of the scheme is to make the irrigation of crops more affordable for particular persons.

2   Purpose of assistance

The purpose of financial assistance under the scheme is to give particular persons rebates to offset the cost of water supplied by a water supplier.

3   Definitions for schedule

In this schedule—

applicant means a person applying for financial assistance under the scheme.

Burnett Water means Burnett Water Pty Ltd ACN 097 206 614.

eligible irrigation bill means an invoice that—

(a)is issued by a water supplier; and

(b)contains a charge related to the supply of water for a period in the 2025–2026 financial year or the 2026–2027 financial year.

irrigation entity means each of the following entities—

(a)Eton Irrigation Cooperative Ltd ABN 29 615 812 505;

(b)Fairbairn Irrigation Network Ltd ACN 615 973 754;

(c)Kelsey Creek Water Cooperative Ltd ABN 35 447 172 508;

(d)Lower Burdekin Water ABN 42 671 751 039;

(e)Mallawa Irrigation Ltd ACN 616 181 741;

(f)Pioneer Valley Water Co-operative Ltd ABN 55 322 373 770;

(g)Six Mile Creek Irrigators Cooperative Ltd ABN 72 357 195 179;

(h)Theodore Water Pty Ltd ACN 615 708 944.

owner, of a business, means each of the following individuals—

(a)if the business is operated by a sole trader—the sole trader;

(b)if the business is operated by a partnership, company or trust—a partner in the partnership, a shareholder in the company or a beneficiary of the trust.

qualifying business see section 4.

scheme means the scheme set out in this schedule.

Seqwater means the Queensland Bulk Water Supply Authority ABN 75 450 239 876 established under the South East Queensland Water (Restructuring) Act 2007.

Sunwater means Sunwater Ltd ACN 131 034 985.

water supplier means—

(a)Burnett Water; or

(b)Seqwater; or

(c)Sunwater.

4   Meaning of qualifying business

(1)A business is a qualifying business if—

(a)the business involves growing crops that require irrigation from time to time; and

(b)the business is not—

(i)operated by—

(A)an excluded entity; or

(B)an entity owned wholly or partly by an excluded entity; or

(ii)owned wholly or partly by an excluded entity; and

(c)the entity operating the business has an Australian Business Number for the business; and

(d)at least 1 owner of the business spends labour on the business; and

(e)the entity operating the business, or at least 1 owner of the business, declares assessable primary production income.

(2)In this section—

assessable primary production income see the Income Tax Assessment Act 1997 (Cwlth), section 392-80(2).

excluded entity means each of the following entities—

(a)an entity operating a managed investment scheme within the meaning of the Corporations Act;

(b)a foreign company within the meaning of the Corporations Act;

(c)a public company within the meaning of the Corporations Act;

(d)a registrable superannuation entity within the meaning of the Superannuation Industry (Supervision) Act 1993 (Cwlth).

Part 2    General provisions for scheme

5   Nature and amount of assistance

(1)The nature of financial assistance available under the scheme is a rebate to offset the cost of water supplied by a water supplier.

(2)The amount of the assistance is 15% of the amount paid for an eligible irrigation bill to the extent the amount is for a charge related to the supply of water for a period in the 2025–2026 financial year or the 2026–2027 financial year.

6   Eligibility criteria

(1)An applicant is eligible to receive financial assistance under the scheme if the authority is satisfied—

(a)the applicant is—

(i)an irrigation entity; or

(ii)an owner of a qualifying business; and

(b)the applicant or the qualifying business, or a pass-on entity for the business, has been issued an eligible irrigation bill; and

(c)the eligible irrigation bill has been paid in full; and

(d)the applicant, or another owner of the qualifying business, has not already received assistance under the scheme for the eligible irrigation bill.

(2)In this section—

pass-on entity, for a qualifying business, means an entity that—

(a)has an arrangement with another entity operating the business; and

(b) is issued an eligible irrigation bill payable by the other entity under the arrangement.

7   Operation of scheme

The scheme closes on the earlier of the following days—

(a)31 December 2027;

(b)the day on which the authority’s assistance funds for the scheme become insufficient to pay further assistance under the scheme.

8   Requirements for applications

(1)An application for financial assistance under the scheme must—

(a)be made in the form approved by the authority; and

(b)be accompanied by—

(i)a copy of the eligible irrigation bill the subject of the application; and

(ii)a document showing the payment of the eligible irrigation bill; and

(iii)for an applicant other than an irrigation entity—a declaration or other documentary evidence about whether the applicant is an owner of a qualifying business; and

(iv)the other documents stated in the form approved by the authority; and

(c)be given to the authority no later than 31 December 2027.

(2)More than 1 eligible irrigation bill may be the subject of an application.

(3)If the authority asks the applicant to give further information to decide the application, the applicant must give the authority the information.

(4)If the applicant does not comply with a request made by the authority under subsection (3), the applicant’s application is taken to be withdrawn.

9   Deciding applications

(1)The authority must consider, and decide to approve or refuse to approve, each application for financial assistance under the scheme that complies with section 8.

(2)The authority must approve an application if the authority is satisfied the applicant is eligible for assistance under section 6.

(3)However, the authority must refuse to approve an application if the authority’s assistance funds for the scheme are insufficient to pay for the assistance applied for in the application.

(4)If the authority refuses to approve an application, the authority must give the applicant written notice of the decision.

(5)The authority must decide applications in the order they are received by the authority.

(6)The authority may seek the advice of persons with suitable qualifications and experience to help the authority in deciding an application.

(7)The authority may, with the agreement of the applicant, approve an amount of assistance that is less than the amount applied for.

10   Condition of assistance

(1)The payment of financial assistance under the scheme to an owner of a qualifying business for an eligible irrigation bill is subject to the condition stated in subsection (2).

(2)The owner of the qualifying business must, before receiving the assistance, give written consent for the authority to give the water supplier that issued the eligible irrigation bill the following details—

(a)a statement that the authority is satisfied the owner is the owner of a qualifying business;

(b)the name of the business;

(c)the customer reference number in the eligible irrigation bill.