Sugar Industry (Assignment Grant) Guideline 1992 (Qld)

Queensland Subordinate Legislation 1992 No. 43 Sugar Industry Act 1991 SUGAR INDUSTRY (ASSIGNMENT GRANT) GUIDELINE 1992 TABLE OF PROVISIONS Section Page 1Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 A3 pplication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4Reservation to current holders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 N5 ew growers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 6General considerations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 A7 pplicant not current holder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 8Disqualifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Short title 1. This guideline may be cited as the Sugar Industry (Assignment Grant) Guideline 1992 . Definitions 2. In this guideline— “application” means an application mentioned in section 3; “grant of an assignment” includes the grant of a variation of an assignment by allocation of further assignment area to it;

2 05 April 1998 10:45am Sugar Industry (Assignment Grant) Guideline 1992 “proposed assignment” means— (a) the assignment that an applicant seeks to have granted pursuant to an application; or (b) an existing assignment as varied by allocation of the further assignment area that the applicant seeks to have granted pursuant to an application; “receiving mill” means the mill to which the proposed assignment’s land will be assigned if the proposed assignment is granted; “relevant Local Board” means the Local Board established for the receiving mill; “the 1992 aggregate increase” means the assignment’s areas that the Corporation is required under section 9.14 of the Act to make available in 1992 by granting assignments under section 9.4 of the Act. Application 3. This guideline applies to applications made to the Corporation for the grant of assignments under section 9.4(1)(a) of the Actfrom the 1992 aggregate increase. Reservation to current holders 4.(1) The Corporation will offer at least 50% of the 1992 aggregate increase in the first instance to holders of existing assignments for the purpose of enhancing the economy of existing sugar cane farms. (2) In determining the proportion over 50% of the 1992 aggregate increase that the Corporation will offer in the first instance to holders of existing assignments , the Corporation will have regard to— (a) the demand for the grant of assignments to existing assignment holders relative to the demand for the grant of assignments to other persons reflected in the applications received by the Corporation; and (b) the need to develop commercially successful sugar cane farms.

3 05 April 1998 10:45am Sugar Industry (Assignment Grant) Guideline 1992 New growers 5.(1) In this section— “new grower” means— (a) a person who does not hold an existing assignment; or (b) a person who the relevant local board determines should be treated as a new grower under subsection (3). (2) To the extent practicable, the Corporation will offer up to 43% of the 1992 aggregate increase to new growers. (3) A relevant local board may determine that a person who holds an existing assignment should be treated as a new grower if — (a) the assignment was substantially brought into existence by a grant under section 9.4 of the Act; and (b) the board considers that a further grant of assignment under section 9.4 of the Act would assist in making the person’s sugar cane farm an economical size. (4) If the Corporation gives written directions to a local board on how it is to make determinations for the purpose of subsection (3), the determinations are to be made in accordance with the directions. General considerations 6. In determining an application for the grant of an assignment, the Corporation will have regard to— (a) the principal objectives of the Corporation mentioned in section 2.4 of the Act; and (b) any view expressed by the relevant Local Board concerning any relevant local matter; and (c) the estate or interest that the applicant will have in the proposed assignment’s land entitling the applicant to use it for the purpose of the assignment; and (d) the capacity of the proposed assignment’s land for producing commercial crops of sugar cane when subjected to correct agricultural practices; and (e) the suitability of the location of the proposed assignment’s land

4 05 April 1998 10:45am Sugar Industry (Assignment Grant) Guideline 1992 for efficient and cost effective delivery of sugar cane to the receiving mill; and (f) the prospects of preparing and utilising the proposed assignment’s land without undue damage to the environment; and (g) if the applicant is not the holder of an existing assignment—the matters mentioned in section 7. Applicant not current holder 7. If an applicant is not the holder of an existing assignment the Corporation will also have regard to— (a) if the applicant has previously been the holder of an assignment—the period that has elapsed since the applicant last held an assignment; and (b) the age of the applicant, with preference given to younger applicants; and (c) the applicant’s place of residence, with preference given to applicants residing in or near the area served by the receiving mill; and (d) the length of time that will elapse before sugar cane will be planted on the proposed assignment’s land if the proposed assignment is granted. Disqualifications 8.(1) The Corporation will not grant an application if it is not satisfied of the matters mentioned in subsections (2) and (3). (2) The proposed assignment’s land is to be— (a) capable of producing commercial crops of sugar cane when subjected to correct agricultural practices; and (b) situated in a location from which sugar cane may be efficiently and cost effectively delivered to the receiving mill; and (c) able to be prepared and utilized for the growing of sugar cane without undue damage to the environment. (3) The applicant is to satisfy the Corporation that, if the proposed assignment is granted, the applicant will have an estate or interest in the

5 05 April 1998 10:45am Sugar Industry (Assignment Grant) Guideline 1992 proposed assignment’s land entitling the applicant to use it for the purposes of the proposed assignment. ENDNOTES 1. Made by the Queensland Sugar Corporation on 17 February 1992. 2. Published in the Gazette on 6 March 1992. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Queensland Sugar Corporation. The State of Queensland 1992