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Queensland
NATURAL RESOURCES AND
OTHER LEGISLATION
AMENDMENT BILL 2003
Queensland
NATURAL RESOURCES AND OTHER
LEGISLATION AMENDMENT BILL 2003
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
PART 2--AMENDMENT OF ENVIRONMENTAL PROTECTION
ACT 1994
2 Act amended in pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
3 Insertion of new s 290A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
290A Amendments to reflect NNTT conditions . . . . . . . . . . . . . . . . . . . . . 10
4 Amendment of s 294 (Application of div 2) . . . . . . . . . . . . . . . . . . . . . . . . . 10
5 Insertion of new s 299A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
299A Steps for amendment to reflect NNTT conditions . . . . . . . . . . . . . . . 11
6 Amendment of sch 3 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
PART 3--AMENDMENT OF INTEGRATED PLANNING ACT 1997
7 Act amended in pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
8 Amendment of s 3.2.1 (Applying for development approval). . . . . . . . . . . . 12
9 Amendment of s 3.5.26 (Request to cancel development approval) . . . . . . . 12
10 Amendment of sch 8 (Assessable, self-assessable and exempt development) 12
PART 4--AMENDMENT OF INTEGRATED PLANNING AND
OTHER LEGISLATION AMENDMENT ACT 2001
11 Act amended in pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
12 Amendment of s 27 (Replacement of ch 3 (Integrated development
assessment system (IDAS))) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
13 Amendment of s 84 (Replacement of sch 8 (Assessable, self-
assessable and exempt development)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
14 Amendment of s 85 (Replacement of sch 10 (Dictionary)) . . . . . . . . . . . . . 14
2
Natural Resources and Other Legislation Amendment
Bill 2003
PART 5--AMENDMENT OF LAND ACT 1994
15 Act amended in pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
16 Insertion of new ch 5, pt 4, div 1 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
17 Amendment of s 234 (When lease may be forfeited) . . . . . . . . . . . . . . . . . . 15
18 Insertion of new ch 5, pt 4, div 2 hdg and s 234A. . . . . . . . . . . . . . . . . . . . . 15
Division 2--Forfeiture of leases, generally
234A Non-application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
19 Insertion of new ch 5, pt 4, div 3, and div 4 hdg . . . . . . . . . . . . . . . . . . . . . . 15
Division 3--Forfeiture of leases for repeated convictions for tree
clearing offences
Subdivision 1--Preliminary
240A Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Subdivision 2--Procedure for forfeiting lease
240B Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
240C Decision about forfeiture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
240D Right of appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
240E Publication of notice of forfeiture . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
20 Amendment of s 255 (Tree clearing permit needed). . . . . . . . . . . . . . . . . . . 17
21 Amendment of s 262 (Issues chief executive must consider) . . . . . . . . . . . . 17
22 Insertion of new ch 5, pt 6, div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Division 5--Enforcing compliance
274A Compliance notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
274B Right of appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
274C Record of compliance notice in land registry . . . . . . . . . . . . . . . . . . 20
23 Amendment of s 397 (Authorised person's identity card) . . . . . . . . . . . . . . 21
24 Amendment of s 400 (Power to enter land). . . . . . . . . . . . . . . . . . . . . . . . . . 21
25 Insertion of new ch 7, pt 1, div 4 and ch 7, pt 1, div 5 hdg . . . . . . . . . . . . . . 21
Division 4--Monitoring and enforcement powers for tree clearing
provisions
Subdivision 1--Power to enter places
400A Power to enter places for monitoring and enforcing compliance
with tree clearing provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Subdivision 2--Procedure for entry
3
Natural Resources and Other Legislation Amendment
Bill 2003
400B Entry with consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
400C Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
400D Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
400E Special warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
400F Warrants--procedure before entry. . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Subdivision 3--Powers after entering a place
400G General powers after entering places . . . . . . . . . . . . . . . . . . . . . . . . . 27
400H Failure to help authorised person. . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
400I Failure to give information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Subdivision 4--Power to seize evidence
400J Seizing evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
400K Securing seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
400L Tampering with seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
400M Powers to support seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
400N Receipts for seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
400O Forfeiture by authorised person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
400P Forfeiture on conviction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
400Q Dealing with forfeited things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
400R Return of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
400S Access to seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Subdivision 5--Power to obtain information
400T Power to require name and address . . . . . . . . . . . . . . . . . . . . . . . . . . 33
400U Failure to give name or address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
400V Power to require information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
400W Power to require production of documents . . . . . . . . . . . . . . . . . . . . 34
400X Failure to certify copy of document. . . . . . . . . . . . . . . . . . . . . . . . . . 35
400Y Failure to produce document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Subdivision 6--Obtaining criminal history reports
400Z Purpose of sdiv 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
400ZA Chief executive's power to obtain criminal history report . . . . . . . . 36
400ZB Criminal history is confidential document . . . . . . . . . . . . . . . . . . . . 36
26 Insertion of new ss 403A and 403B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
4
Natural Resources and Other Legislation Amendment
Bill 2003
403A False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
403B False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
27 Insertion of new ch 7, pt 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
PART 3A--PROCEEDINGS GENERALLY
Division 1--Preliminary
431A Application of pt 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Division 2--Evidence
431C Further evidentiary aids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
431D Instruments, equipment and installations. . . . . . . . . . . . . . . . . . . . . . 39
431E Certificate or report about remotely sensed image . . . . . . . . . . . . . . 39
431F Responsibility for unauthorised tree clearing . . . . . . . . . . . . . . . . . . 40
Division 3--Starting proceedings
431I Particulars to be stated for complaint for tree clearing offence . . . . . 40
Division 4--Other matters about proceedings
431J Executive officers must ensure corporation complies with Act . . . . . 41
431K Guide for deciding penalty for tree clearing offence . . . . . . . . . . . . . 42
431L Recovery of costs of investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
431M Representation of departmental officer in court. . . . . . . . . . . . . . . . . 43
431N Ability to prosecute under other Acts . . . . . . . . . . . . . . . . . . . . . . . . 43
28 Amendment of s 446 (Limitation on time for starting offence proceedings) 43
29 Amendment of sch 2 (Original decisions). . . . . . . . . . . . . . . . . . . . . . . . . . . 44
30 Amendment of sch 6 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
PART 6--AMENDMENT OF MINERAL RESOURCES ACT 1989
31 Act amended in pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
32 Insertion of new s 25AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
25AA Additional conditions of prospecting permit relating to native title . 46
33 Insertion of new s 141AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
141AA Additional conditions of exploration permit relating to native title . 47
34 Insertion of new s 194AAA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
194AAA Additional conditions of mineral development licence
relating to native title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
35 Amendment of s 426 (Application of pt 13) . . . . . . . . . . . . . . . . . . . . . . . . . 48
5
Natural Resources and Other Legislation Amendment
Bill 2003
36 Amendment of s 462 (Application of div 4) . . . . . . . . . . . . . . . . . . . . . . . . . 48
37 Amendment of s 465 (Application of div 5) . . . . . . . . . . . . . . . . . . . . . . . . . 48
38 Amendment of s 472 (Application of div 6) . . . . . . . . . . . . . . . . . . . . . . . . . 48
39 Amendment of s 484 (Application of div 2) . . . . . . . . . . . . . . . . . . . . . . . . . 48
40 Amendment of s 486 (Requirement to notify) . . . . . . . . . . . . . . . . . . . . . . . 49
41 Amendment of s 487 (Notification of mining registrar) . . . . . . . . . . . . . . . . 49
42 Amendment of s 522 (Application of div 4) . . . . . . . . . . . . . . . . . . . . . . . . . 49
43 Amendment of s 524 (Applying pt 17, div 4 for grant). . . . . . . . . . . . . . . . . 49
44 Amendment of s 525 (Application of div 5) . . . . . . . . . . . . . . . . . . . . . . . . . 49
45 Amendment of s 531 (Application of div 6) . . . . . . . . . . . . . . . . . . . . . . . . . 50
46 Amendment of s 540 (Application of div 2) . . . . . . . . . . . . . . . . . . . . . . . . . 50
47 Amendment of s 542 (Requirement to notify) . . . . . . . . . . . . . . . . . . . . . . . 50
48 Amendment of s 543 (Notification of mining registrar) . . . . . . . . . . . . . . . . 50
49 Amendment of s 579 (Application of div 4) . . . . . . . . . . . . . . . . . . . . . . . . . 50
50 Amendment of s 581 (Applying pt 17, div 4 for grant). . . . . . . . . . . . . . . . . 50
51 Amendment of s 582 (Application of div 5) . . . . . . . . . . . . . . . . . . . . . . . . . 51
52 Amendment of s 588 (Application of div 6) . . . . . . . . . . . . . . . . . . . . . . . . . 51
53 Amendment of s 650 (Application of div 4) . . . . . . . . . . . . . . . . . . . . . . . . . 51
54 Amendment of s 689 (Application of div 5) . . . . . . . . . . . . . . . . . . . . . . . . . 51
55 Amendment of s 697 (Application of div 6) . . . . . . . . . . . . . . . . . . . . . . . . . 52
56 Insertion of new pt 19, div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Division 5--Transitional provisions for Natural Resources and Other
Legislation Amendment Act 2003
737 No notification commencement day advised before 31 March 2003 52
738 Effect of extension of time for giving notice or information . . . . . . . 53
PART 7--AMENDMENT OF VEGETATION MANAGEMENT ACT
1999
57 Act amended in pt 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
58 Insertion of new s 22A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
22A Refusing development application after conviction for vegetation
clearing offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
59 Amendment of s 25 (Functions and powers of authorised officers) . . . . . . . 54
60 Amendment of s 30 (Power to enter places) . . . . . . . . . . . . . . . . . . . . . . . . . 55
6
Natural Resources and Other Legislation Amendment
Bill 2003
61 Amendment of s 35 (Warrants--procedure before entry). . . . . . . . . . . . . . . 55
62 Amendment of s 36 (General powers after entering places) . . . . . . . . . . . . . 56
63 Amendment of s 39 (Seizing evidence). . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
64 Amendment of s 51 (Power to require information) . . . . . . . . . . . . . . . . . . . 56
65 Amendment of s 54 (Failure to produce document) . . . . . . . . . . . . . . . . . . . 57
66 Amendment of 55 (Compliance notice) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
67 Insertion of new s 55A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
55A Record of compliance notice in land registry . . . . . . . . . . . . . . . . . . 59
68 Insertion of new pt 3, div 2, sdiv 1 and pt 3, div 2, sdiv 2 hdg . . . . . . . . . . . 59
Subdivision 1--Obtaining criminal history reports
55B Purpose of sdiv 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
55C Chief executive's power to obtain criminal history report. . . . . . . . . 59
55D Criminal history is confidential document. . . . . . . . . . . . . . . . . . . . . 60
69 Insertion of new ss 60A and 60B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
60A Executive officers must ensure corporation complies with Act . . . . . 60
60B Guide for deciding penalty for vegetation clearing offence . . . . . . . 61
70 Insertion of new ss 66A and 66B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
66A Instruments, equipment and installations. . . . . . . . . . . . . . . . . . . . . . 62
66B Certificate or report about remotely sensed image . . . . . . . . . . . . . . 62
71 Insertion of new s 67A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
67A Responsibility for unauthorised clearing of vegetation . . . . . . . . . . . 63
72 Insertion of new pt 4, div 2A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
Division 2A--Defences
67B Defence in proceeding for vegetation clearing offence . . . . . . . . . . . 63
73 Amendment of s 68 (Summary proceedings for offences) . . . . . . . . . . . . . . 64
74 Insertion of new ss 68A-68C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
68A Particulars to be stated for complaint for vegetation clearing offence 64
68B Representation of departmental officer in court. . . . . . . . . . . . . . . . . 65
68C Recovery of costs of investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
75 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
PART 8--MINOR AMENDMENTS
76 Acts amended in schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
7
Natural Resources and Other Legislation Amendment
Bill 2003
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . 68
MINOR AMENDMENTS
LAND ACT 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
MINERAL RESOURCES ACT 1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
VEGETATION MANAGEMENT ACT 1999 . . . . . . . . . . . . . . . . . . . . . . . . 69
2003
A BILL
FOR
An Act to amend particular Acts administered by the Minister for
Natural Resources and Minister for Mines, and for other
purposes
s1 10 s4
Natural Resources and Other Legislation Amendment
Bill 2003
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
1 Short title
Clause 3
This Act may be cited as the Natural Resources and Other Legislation 4
Amendment Act 2003. 5
PART 2--AMENDMENT OF ENVIRONMENTAL 6
PROTECTION ACT 1994 7
2 Act amended in pt 2
Clause 8
This part amends the Environmental Protection Act 1994. 9
3 Insertion of new s 290A
Clause 10
After section 290-- 11
insert-- 12
`290A Amendments to reflect NNTT conditions 13
`The administering authority may amend an environmental authority 14
(mining activities) to ensure compliance with conditions included in a 15
determination made by the NNTT under the Commonwealth Native Title 16
Act, section 38(1)(c) if the administering authority has given written notice 17
of the amendment to the environmental authority holder.'. 18
4 Amendment of s 294 (Application of div 2)
Clause 19
(1) Section 294(a)(ii)-- 20
renumber as section 294(a)(iii). 21
(2) Section 294(a)-- 22
s5 11 s7
Natural Resources and Other Legislation Amendment
Bill 2003
insert-- 1
`(ii) to make an amendment under section 290A; or'. 2
5 Insertion of new s 299A
Clause 3
After section 299-- 4
insert-- 5
`299A Steps for amendment to reflect NNTT conditions 6
`If the administering authority amends an environmental authority under 7
section 290A, it must, within 10 business days after giving notice of the 8
amendment under section 290A-- 9
(a) amend the environmental authority to give effect to the 10
amendment; and 11
(b) record particulars of the amendment in the appropriate register; 12
and 13
(c) give the environmental authority holder a copy of the amended 14
environmental authority.'. 15
6 Amendment of sch 3 (Dictionary)
Clause 16
Schedule 3-- 17
insert-- 18
` "Commonwealth Native Title Act" means the Native Title Act 1993 19
(Cwlth). 20
"NNTT" means the National Native Title Tribunal established under the 21
Commonwealth Native Title Act, part 6.'. 22
PART 3--AMENDMENT OF INTEGRATED PLANNING 23
ACT 1997 24
7 Act amended in pt 3
Clause 25
This part amends the Integrated Planning Act 1997. 26
s8 12 s 10
Natural Resources and Other Legislation Amendment
Bill 2003
8 Amendment of s 3.2.1 (Applying for development approval)
Clause 1
Section 3.2.1-- 2
insert-- 3
`(10) Subsection (3)(a)(ii) does not apply to an application if-- 4
(a) the application is for work on land over which there is an existing 5
public utility easement in favour of a public sector entity; and 6
(b) the applicant is the public sector entity.'. 7
9 Amendment of s 3.5.26 (Request to cancel development approval)
Clause 8
Section 3.5.26(2)-- 9
omit, insert-- 10
`(2) However, the owner must not ask the assessment manager to cancel 11
the development approval in either of the following circumstances unless 12
written consent to the cancellation is given by-- 13
(a) if there is a written arrangement between the owner and another 14
person under which the other person proposes to buy the 15
land--the other person; 16
(b) if the application is for land the subject of a public utility 17
easement--the entity in whose favour the easement is given.'. 18
10 Amendment of sch 8 (Assessable, self-assessable and exempt
Clause 19
development) 20
(1) Schedule 8, part 1, item 3A(c)(iii)-- 21
omit, insert-- 22
`(iii) a remnant endangered regional ecosystem shown on a 23
regional ecosystem map; and 24
(iv) an area of unlawfully cleared vegetation; or'. 25
(2) Schedule 8, part 4-- 26
insert-- 27
` "area of unlawfully cleared vegetation" means an area of unlawfully 28
cleared vegetation as defined under the Vegetation Management Act 29
1999. 30
s 11 13 s 12
Natural Resources and Other Legislation Amendment
Bill 2003
(3) Schedule 8, part 4, definitions "regional ecosystem" and "remnant 1
map"-- 2
omit. 3
PART 4--AMENDMENT OF INTEGRATED PLANNING 4
AND OTHER LEGISLATION AMENDMENT ACT 2001 5
11 Act amended in pt 4
Clause 6
This part amends the Integrated Planning and Other Legislation 7
Amendment Act 2001. 8
12 Amendment of s 27 (Replacement of ch 3 (Integrated development
Clause 9
assessment system (IDAS))) 10
(1) Section 27, replaced section 3.2.1-- 11
insert-- 12
`(10) Subsection (3)(b) does not apply to an application if-- 13
(a) the application is for work on land over which there is an existing 14
public utility easement in favour of a public sector entity; and 15
(b) the applicant is the public sector entity.'. 16
(2) Section 27, replaced section 3.6.1(5)-- 17
omit, insert-- 18
`(5) However, the owner must not ask the assessment manager to cancel 19
the development approval in either of the following circumstances unless 20
written consent to the cancellation is given by-- 21
(a) if there is a written arrangement between the owner and another 22
person under which the other person proposes to buy the 23
land--the other person; 24
(b) if the application is for land the subject of a public utility 25
easement--the entity in whose favour the easement is given.'. 26
s 13 14 s 16
Natural Resources and Other Legislation Amendment
Bill 2003
13 Amendment of s 84 (Replacement of sch 8 (Assessable,
Clause 1
self-assessable and exempt development)) 2
Section 84, in replaced schedule 8, part 1, item 4(c)(iii)-- 3
omit, insert-- 4
`(iii) a remnant endangered regional ecosystem shown on a 5
regional ecosystem map; and 6
(iv) an area of unlawfully cleared vegetation; or'. 7
14 Amendment of s 85 (Replacement of sch 10 (Dictionary))
Clause 8
(1) Section 85, in replaced schedule 10, definitions "regional ecosystem" 9
and "remnant map"-- 10
omit. 11
(2) Section 85, in replaced schedule 10-- 12
insert-- 13
` "area of unlawfully cleared vegetation" means an area of unlawfully 14
cleared vegetation as defined under the Vegetation Management Act 15
1999.'. 16
PART 5--AMENDMENT OF LAND ACT 1994 17
15 Act amended in pt 5
Clause 18
This part amends the Land Act 1994. 19
16 Insertion of new ch 5, pt 4, div 1 hdg
Clause 20
Chapter 5, part 4, before section 234-- 21
insert-- 22
`Division 1--Grounds for forfeiture'. 23
s 17 15 s 19
Natural Resources and Other Legislation Amendment
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17 Amendment of s 234 (When lease may be forfeited)
Clause 1
Section 234-- 2
insert-- 3
`(e) if the lessee has more than 1 conviction, not including any spent 4
convictions, for tree clearing offences, regardless of whether any 5
of the offences were committed on the land the subject of the 6
lease.'. 7
18 Insertion of new ch 5, pt 4, div 2 hdg and s 234A
Clause 8
Before section 235-- 9
insert-- 10
`Division 2--Forfeiture of leases, generally 11
`234A Non-application of div 2 12
`This division does not apply to the forfeiture of a lease under 13
section 234(e).'. 14
19 Insertion of new ch 5, pt 4, div 3, and div 4 hdg
Clause 15
After section 240-- 16
insert-- 17
Division 3--Forfeiture of leases for repeated convictions for tree clearing 18
offences 19
`Subdivision 1--Preliminary 20
`240A Application of div 3 21
`This division applies for the forfeiture of a lease under section 234(e). 22
s 19 16 s 19
Natural Resources and Other Legislation Amendment
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`Subdivision 2--Procedure for forfeiting lease 1
`240B Show cause notice 2
`(1) Before the lease is forfeited, the Minister must give the lessee a 3
notice (a "show cause notice") inviting the lessee to show cause why the 4
lease should not be forfeited. 5
`(2) The show cause notice must state the following-- 6
(a) that the Minister proposes to forfeit the lease; 7
(b) the ground for the proposed forfeiture; 8
(c) the facts and circumstances that are the basis for the ground; 9
(d) that the lessee may make, within a stated period (the "show 10
cause period"), written representations to the Minister to show 11
why the lease should not be forfeited. 12
`(3) The show cause period must end at least 14 business days after the 13
lessee is given the notice. 14
`240C Decision about forfeiture 15
`(1) In deciding whether to forfeit the lease, the Minister must consider 16
any written representations made by the lessee in the show cause period. 17
`(2) Within 5 business days after deciding whether to forfeit the lease, 18
the Minister must give the lessee written notice of the decision. 19
`(3) If the Minister decides to forfeit the lease, the notice must include 20
reasons for the decision. 21
`240D Right of appeal 22
`(1) The lessee may appeal against the Minister's decision to forfeit the 23
lease.1 24
`(2) The Minister must not act to forfeit the lease until-- 25
1 Under section 421 (Notice of right of appeal to be given), a person who has a right to
appeal against a decision must be given written notice of the right.
s 20 17 s 21
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(a) the expiration of the 42 days mentioned in section 424(1) for 1
applying for a review of the decision to forfeit the lease, if no 2
application is made; or 3
(b) if an application is made, until all proceedings under chapter 7, 4
part 3, and any appeals from those proceedings, are ended. 5
`240E Publication of notice of forfeiture 6
`(1) If the Minister forfeits the lease, notice of the forfeiture must be-- 7
(a) given, in writing, to the lessee; and 8
(b) published in the gazette. 9
`(2) The forfeiture takes effect on the day the notice is gazetted. 10
`(3) The Minister must ensure notice of the forfeiture is registered in the 11
appropriate register. 12
`Division 4--Effect of forfeiture'. 13
20 Amendment of s 255 (Tree clearing permit needed)
Clause 14
Section 255-- 15
insert-- 16
`(2) For a proceeding against a person for an offence against 17
subsection (1), the Criminal Code, section 24,2 does not apply.'. 18
21 Amendment of s 262 (Issues chief executive must consider)
Clause 19
(1) Section 262(2)(o)-- 20
renumber as section 262(2)(p). 21
(2) Section 262(2)-- 22
insert-- 23
2 Criminal Code, section 24 (Mistake of fact)
s 22 18 s 22
Natural Resources and Other Legislation Amendment
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`(o) whether the applicant has been convicted of a tree clearing 1
offence in the relevant period, regardless of whether the offence 2
was committed before the relevant period;'. 3
(3) Section 262-- 4
insert-- 5
`(3) In this section-- 6
"relevant period" means the period, starting after the commencement of 7
this definition, of 5 years immediately before the application is 8
made.'. 9
22 Insertion of new ch 5, pt 6, div 5
Clause 10
After section 274-- 11
insert-- 12
`Division 5--Enforcing compliance 13
`274A Compliance notice 14
`(1) This section applies if the chief executive or an authorised person 15
(the "official") reasonably believes a person-- 16
(a) is committing a tree clearing offence; or 17
(b) has committed a tree clearing offence. 18
`(2) The official may give the person a notice ("compliance notice") 19
requiring the person to-- 20
(a) stop committing the offence; or 21
(b) stop committing the offence and rectify the matter; or 22
(c) rectify the matter. 23
`(3) The compliance notice must state-- 24
(a) that the official believes the person-- 25
(i) is committing a tree clearing offence; or 26
(ii) has committed a tree clearing offence; and 27
(b) the tree clearing offence the official believes is being, or has 28
been, committed; and 29
s 22 19 s 22
Natural Resources and Other Legislation Amendment
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(c) briefly, how it is believed the offence is being, or has been 1
committed; and 2
(d) if the notice requires the person to rectify a matter-- 3
(i) the matter the official believes is reasonably capable of 4
being rectified; and 5
(ii) the reasonable steps the person must take to rectify the 6
matter; and 7
(iii) the stated reasonable period in which the person must take 8
the steps. 9
`(4) The person must comply with the compliance notice, unless the 10
person has a reasonable excuse. 11
Maximum penalty--100 penalty units. 12
`(5) If the person does an act, or makes an omission, in contravention of 13
the compliance notice, the official may use reasonable force and take any 14
other reasonable action to stop the contravention. 15
`(6) Any reasonable cost or expense incurred by the official in doing 16
anything under subsection (5) may be recovered as a debt owing to the 17
State by the person. 18
`(7) For this section, if the person has an interest in the land the subject 19
of the compliance notice and all or part of the interest, to the extent it is the 20
subject of the compliance notice, is transferred, in any way, to another 21
person (the "transferee"), on the transfer-- 22
(a) a reference in the compliance notice to the person is taken to be a 23
reference to the transferee; and 24
(b) the compliance notice is taken to have been given to the 25
transferee on the transfer of the interest; and 26
(c) any outstanding liability, other than criminal liability, of the 27
person becomes a liability of the transferee. 28
`(8) If the compliance notice requires a matter to be rectified by a stated 29
day or within a stated period and it is not reasonably practical for the 30
transferee to comply with the notice by the stated day or within the stated 31
period, the transferee may ask the chief executive to extend the time for 32
compliance with the notice. 33
s 22 20 s 22
Natural Resources and Other Legislation Amendment
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1
Example for subsection (8)--
2
A is given a compliance notice on 1 January 2004 requiring A to rectify a matter by
3
30 June 2004. On 1 July 2004, A transfers the land the subject of the compliance notice
4
to B.
`(9) If the chief executive, by written notice given to the transferee, 5
extends the time for compliance with the compliance notice, the 6
compliance notice is taken to require the matter to be rectified within the 7
extended time for compliance stated in the chief executive's written notice. 8
`(10) To remove any doubt, it is declared that on the transfer of the 9
interest, the person to whom the compliance notice was given under 10
subsection (2) is not criminally liable for any contravention of the 11
compliance notice that happens on or after the transfer of the interest. 12
`(11) Subsections (7) to (10) have effect in relation to each successor in 13
title to the transferee's interest in the same way the subsections had effect 14
in relation to the transferee. 15
`274B Right of appeal 16
`The person may appeal to the court against the official's decision to give 17
the compliance notice. 18
`274C Record of compliance notice in land registry 19
`(1) This section applies if the compliance notice requires the person to 20
rectify a matter. 21
`(2) As soon as practicable after the compliance notice is given, the chief 22
executive must give the registrar of titles written notice of the giving of the 23
notice. 24
`(3) The registrar must keep records showing the compliance notice has 25
been given. 26
`(4) The registrar must keep the records in a way that a search of the 27
register kept by the registrar under any Act relating to title to the land the 28
subject of the compliance notice will show the notice has been given. 29
`(5) As soon as practicable after the compliance notice has been 30
complied with, withdrawn or in any other way terminated, the chief 31
executive must give written notice of the fact to the registrar. 32
s 23 21 s 25
Natural Resources and Other Legislation Amendment
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`(6) As soon as practicable after receiving a notice under subsection (5), 1
the registrar must remove the particulars of the compliance notice from the 2
registrar's records.'. 3
23 Amendment of s 397 (Authorised person's identity card)
Clause 4
Section 397(3), `21 days'-- 5
omit, insert-- 6
`15 business days'. 7
24 Amendment of s 400 (Power to enter land)
Clause 8
(1) Section 400, heading-- 9
omit, insert-- 10
`400 Power to enter land, generally'. 11
(2) Section 400(1), `An'-- 12
omit, insert-- 13
`Subject to subsection (1A), an'. 14
(3) Section 400-- 15
insert-- 16
`(1A) This section does not apply for the purposes of monitoring or 17
enforcing compliance with a tree clearing provision.3'. 18
25 Insertion of new ch 7, pt 1, div 4 and ch 7, pt 1, div 5 hdg
Clause 19
After section 400-- 20
insert-- 21
3 See section 400A (Power to enter places for monitoring and enforcing compliance
with tree clearing provisions)
s 25 22 s 25
Natural Resources and Other Legislation Amendment
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`Division 4--Monitoring and enforcement powers for tree clearing 1
provisions 2
`Subdivision 1--Power to enter places 3
`400A Power to enter places for monitoring and enforcing compliance 4
with tree clearing provisions 5
`(1) For monitoring or enforcing compliance with a tree clearing 6
provision, an authorised person may enter a place if-- 7
(a) an occupier of the place consents to the entry; or 8
(b) it is a public place and the entry is made when it is open to the 9
public; or 10
(c) the place is-- 11
(i) the subject of-- 12
(A) a lease, licence or permit; or 13
(B) a compliance notice; and 14
(ii) entered during daylight hours; or 15
(d) the entry is for the purpose of giving an occupier a compliance 16
notice requiring the occupier to immediately stop committing a 17
tree clearing offence; or 18
(e) the entry is authorised by a warrant. 19
`(2) For the purpose of asking an occupier of a place for consent to enter, 20
an authorised person may, without the occupier's consent or a warrant-- 21
(a) enter land around premises at the place to an extent that is 22
reasonable to contact the occupier; or 23
(b) enter part of the place the authorised person reasonably considers 24
members of the public ordinarily are allowed to enter when they 25
wish to contact the occupier. 26
`(3) Subsection (1)(c) does not apply to a part of a place where a person 27
resides. 28
s 25 23 s 25
Natural Resources and Other Legislation Amendment
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`Subdivision 2--Procedure for entry 1
`400B Entry with consent 2
`(1) This section applies if an authorised person intends to ask an 3
occupier of a place to consent to the authorised person or another 4
authorised person entering the place under section 400A(1)(a). 5
`(2) Before asking for the consent, the authorised person must tell the 6
occupier-- 7
(a) the purpose of the entry; and 8
(b) that the occupier is not required to consent. 9
`(3) If the consent is given, the authorised person may ask the occupier 10
to sign an acknowledgment of the consent. 11
`(4) The acknowledgment must state-- 12
(a) the occupier has been told-- 13
(i) the purpose of the entry; and 14
(ii) that the occupier is not required to consent; and 15
(b) the purpose of the entry; and 16
(c) the occupier gives the authorised person consent to enter the 17
place and exercise powers under this division; and 18
(d) the time and date the consent was given. 19
`(5) If the occupier signs the acknowledgment, the authorised person 20
must immediately give a copy to the occupier. 21
`(6) A court must find the occupier of a place did not consent to an 22
authorised person entering the place under this division if-- 23
(a) an issue arises in a proceeding before the court whether the 24
occupier of the place consented to the entry under 25
section 400A(1)(a); and 26
(b) an acknowledgment mentioned in subsection (4) is not produced 27
in evidence for the entry; and 28
(c) it is not proved by the person relying on the lawfulness of the 29
entry that the occupier consented to the entry. 30
s 25 24 s 25
Natural Resources and Other Legislation Amendment
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`400C Application for warrant 1
`(1) An authorised person may apply to a magistrate for a warrant for a 2
place. 3
`(2) The application must be sworn and state the grounds on which the 4
warrant is sought. 5
`(3) The magistrate may refuse to consider the application until the 6
authorised person gives the magistrate all the information the magistrate 7
requires about the application in the way the magistrate requires. 8
9
Example--
10
The magistrate may require additional information supporting the application to be
11
given by statutory declaration.
`400D Issue of warrant 12
`(1) The magistrate may issue a warrant only if the magistrate is satisfied 13
there are reasonable grounds for suspecting-- 14
(a) there is a particular thing or activity (the "evidence") that may 15
provide evidence of-- 16
(i) a tree clearing offence; or 17
(ii) a compliance notice offence; and 18
(b) the evidence is at the place, or, within the next 7 days, may be at 19
the place. 20
`(2) The warrant must state-- 21
(a) that a stated authorised person may, with necessary and 22
reasonable help and force-- 23
(i) enter the place and any other place necessary for the entry; 24
and 25
(ii) exercise the authorised person's powers under this division; 26
and 27
(b) the offence for which the warrant is sought; and 28
(c) the evidence that may be seized under the warrant; and 29
(d) the hours of the day or night when the place may be entered; and 30
(e) the date, within 14 days after the warrant's issue, the warrant 31
ends. 32
s 25 25 s 25
Natural Resources and Other Legislation Amendment
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`400E Special warrants 1
`(1) An authorised person may apply for a warrant (a "special 2
warrant") by phone, fax, radio or another form of communication if the 3
authorised person considers it necessary because of-- 4
(a) urgent circumstances; or 5
(b) other special circumstances, including, for example, the 6
authorised person's remote location. 7
`(2) Before applying for the special warrant, the authorised person must 8
prepare an application stating the grounds on which the warrant is sought. 9
`(3) The authorised person may apply for the special warrant before the 10
application is sworn. 11
`(4) After issuing the special warrant, the magistrate must promptly fax a 12
copy (a "facsimile warrant") to the authorised person if it is reasonably 13
practicable to fax the copy. 14
`(5) If it is not reasonably practicable to fax a copy to the authorised 15
person-- 16
(a) the magistrate must tell the authorised person-- 17
(i) what the terms of the special warrant are; and 18
(ii) the date and time the special warrant is issued; and 19
(b) the authorised person must complete a form of warrant 20
(a "warrant form") and write on it-- 21
(i) the magistrate's name; and 22
(ii) the date and time the magistrate issued the special warrant; 23
and 24
(iii) the terms of the special warrant. 25
`(6) The facsimile warrant, or the warrant form properly completed by 26
the authorised person, authorises the entry and the exercise of the other 27
powers stated in the special warrant issued. 28
`(7) The authorised person must, at the first reasonable opportunity, send 29
to the magistrate-- 30
(a) the sworn application; and 31
(b) if the authorised person completed a warrant form--the 32
completed warrant form. 33
s 25 26 s 25
Natural Resources and Other Legislation Amendment
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`(8) On receiving the documents, the magistrate must attach them to the 1
special warrant. 2
`(9) A court must find the exercise of the power by an authorised person 3
was not authorised by a special warrant if-- 4
(a) an issue arises in a proceeding before the court whether the 5
exercise of the power was authorised by a special warrant 6
mentioned in subsection (1); and 7
(b) the special warrant is not produced in evidence; and 8
(c) it is not proved by the person relying on the lawfulness of the 9
entry that the authorised person obtained the special warrant. 10
`400F Warrants--procedure before entry 11
`(1) This section applies if an authorised person named in a warrant 12
issued under this subdivision for a place is intending to enter the place 13
under the warrant. 14
`(2) Before entering the place, the authorised person must do or make a 15
reasonable attempt to do the following things-- 16
(a) identify himself or herself to a person present at the place who is 17
an occupier of the place by producing the authorised person's 18
identity card or a copy of another document evidencing the 19
authorised person's appointment; 20
(b) give the person a copy of the warrant or, if the entry is authorised 21
by a facsimile warrant or warrant form mentioned in 22
section 400E(6), a copy of the facsimile warrant or warrant form; 23
(c) tell the person the authorised person is permitted by the warrant 24
to enter the place; 25
(d) give the person an opportunity to allow the authorised person 26
immediate entry to the place without using force. 27
`(3) However, the authorised person need not comply with 28
subsection (2) if the authorised person reasonably believes that immediate 29
entry to the place is required to ensure the effective execution of the 30
warrant is not frustrated. 31
`(4) If there is no person present at the place who is an occupier of the 32
place, it is sufficient compliance with subsection (2) for the officer, before 33
s 25 27 s 25
Natural Resources and Other Legislation Amendment
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entering the place, to do or make a reasonable attempt to do the following 1
things-- 2
(a) contact an owner or occupier of the place; 3
(b) tell the owner or occupier the authorised person is permitted by 4
the warrant to enter the place; 5
(c) give the owner or occupier an opportunity to allow the authorised 6
person immediate entry to the place without using force. 7
`Subdivision 3--Powers after entering a place 8
`400G General powers after entering places 9
`(1) This section applies to an authorised person who enters a place. 10
`(2) However, if an authorised person enters a place to get an occupier's 11
consent to enter the place, this section applies to the authorised person only 12
if the consent is given or the entry is otherwise authorised. 13
`(3) For monitoring or enforcing compliance with a tree clearing 14
provision, the authorised person may, subject to subsection (5)-- 15
(a) search any part of the place; or 16
(b) inspect, measure, test, photograph or film any part of the place or 17
anything at the place; or 18
(c) take a thing, or a sample of or from a thing, at the place for 19
analysis or testing; or 20
(d) copy a document at the place; or 21
(e) take into or onto the place any person, equipment and materials 22
the authorised person reasonably requires for exercising a power 23
under this division; or 24
(f) require an occupier of the place, or a person at the place, to give 25
the authorised person reasonable help to exercise the authorised 26
person's powers under paragraphs (a) to (e); or 27
(g) require an occupier of a place, or a person at the place, to give the 28
authorised person information to help the authorised person 29
ascertain whether a tree clearing provision is being complied 30
with. 31
s 25 28 s 25
Natural Resources and Other Legislation Amendment
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`(4) When making a requirement mentioned in subsection (3)(f) or (g), 1
the authorised person must warn the person it is an offence to fail to 2
comply with the requirement, unless the person has a reasonable excuse. 3
`(5) If the authorised person enters the place under 400A(1)(d) for the 4
purpose of giving an occupier a compliance notice, the authorised person 5
may not exercise powers under subsection (3) and may only-- 6
(a) give the occupier the compliance notice; and 7
(b) take into or onto the place any person the authorised person 8
reasonably requires for giving the notice. 9
`400H Failure to help authorised person 10
`(1) A person required to give reasonable help under section 400G(3)(f) 11
must comply with the requirement, unless the person has a reasonable 12
excuse. 13
Maximum penalty--50 penalty units. 14
`(2) If the requirement is to be complied with by an individual giving 15
information, or producing a document, it is a reasonable excuse for the 16
individual not to comply with the requirement that complying with the 17
requirement may tend to incriminate the individual. 18
`400I Failure to give information 19
`(1) A person of whom a requirement is made under section 400G(3)(g) 20
must comply with the requirement, unless the person has a reasonable 21
excuse. 22
Maximum penalty--50 penalty units. 23
`(2) It is a reasonable excuse for an individual not to comply with the 24
requirement that complying with the requirement may tend to incriminate 25
the individual. 26
s 25 29 s 25
Natural Resources and Other Legislation Amendment
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`Subdivision 4--Power to seize evidence 1
`400J Seizing evidence 2
`(1) This section applies if, under this division, an authorised person 3
enters a place after obtaining the consent of an occupier or a warrant. 4
`(2) If the authorised person enters the place with an occupier's consent, 5
the authorised person may seize a thing at the place if-- 6
(a) the authorised person reasonably believes the thing is evidence of 7
a tree clearing offence or compliance notice offence; and 8
(b) seizure of the thing is consistent with the purpose of entry as told 9
to the occupier when asking for the occupier's consent. 10
`(3) If the authorised person enters the place with a warrant, the 11
authorised person may seize the evidence for which the warrant was issued. 12
`(4) The authorised person may seize anything else at the place if the 13
authorised person reasonably believes-- 14
(a) the thing is evidence of a tree clearing offence or compliance 15
notice offence; and 16
(b) the seizure is necessary to prevent the thing being-- 17
(i) hidden, lost or destroyed; or 18
(ii) used to continue, or repeat, the offence. 19
`(5) Also, the authorised person may seize a thing at the place if the 20
authorised person reasonably believes it has just been used in committing a 21
tree clearing offence or compliance notice offence. 22
`400K Securing seized things 23
`Having seized a thing, an authorised person may-- 24
(a) move the thing from the place where it was seized (the "place of 25
seizure"); or 26
(b) leave the thing at the place of seizure but take reasonable action 27
to restrict access to it; or 28
29
Examples of restricting access to a thing--
30
1. Sealing a thing and marking it to show access to it is restricted.
s 25 30 s 25
Natural Resources and Other Legislation Amendment
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1
2. Sealing the entrance to a place where the thing is situated and marking
2
it to show access to it is restricted.
(c) if the thing is equipment--make it inoperable. 3
4
Example of making equipment inoperable--
5
Dismantling equipment or removing a component of equipment without
6
which the equipment is not capable of being used.
`400L Tampering with seized things 7
`(1) If an authorised person restricts access to a seized thing, a person 8
must not tamper, or attempt to tamper, with the thing, or something 9
restricting access to the thing, without an authorised person's approval. 10
Maximum penalty--100 penalty units. 11
`(2) If an authorised person makes seized equipment inoperable, a 12
person must not tamper, or attempt to tamper, with the equipment, without 13
an authorised person's approval. 14
Maximum penalty--100 penalty units. 15
`400M Powers to support seizure 16
`(1) To enable a thing to be seized, an authorised person may require the 17
person in control of it-- 18
(a) to take it to a stated reasonable place by a stated reasonable time; 19
and 20
(b) if necessary, to remain in control of it at the stated place for a 21
stated reasonable period. 22
`(2) The requirement-- 23
(a) must be made by notice in the approved form; or 24
(b) if for any reason it is not practicable to give the notice, may be 25
made orally and confirmed by a notice in the approved form as 26
soon as practicable. 27
`(3) A further requirement may be made under this section about the 28
thing if it is necessary and reasonable to make the further requirement. 29
s 25 31 s 25
Natural Resources and Other Legislation Amendment
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`(4) A person of whom a requirement is made under subsection (1) or (3) 1
must comply with the requirement, unless the person has a reasonable 2
excuse. 3
Maximum penalty for subsection (4)--50 penalty units. 4
`400N Receipts for seized things 5
`(1) As soon as practicable after an authorised person seizes a thing, the 6
authorised person must give a receipt for it to the person from whom it was 7
seized. 8
`(2) However, if for any reason it is not practicable to comply with 9
subsection (1), the authorised person must leave the receipt at the place of 10
seizure in a conspicuous position and in a reasonably secure way. 11
`(3) The receipt must describe generally each thing seized and its 12
condition. 13
`(4) This section does not apply to a thing if it is impracticable, or would 14
be unreasonable, to give the receipt, having regard to the thing's nature, 15
condition and value. 16
`400O Forfeiture by authorised person 17
`(1) A thing that has been seized under this subdivision is forfeited to the 18
State if the authorised person who seized the thing-- 19
(a) can not find its owner, after making reasonable inquiries; or 20
(b) can not return it to its owner, after making reasonable efforts. 21
`(2) In applying subsection (1)-- 22
(a) subsection (1)(a) does not require the authorised person to make 23
inquiries if it would be unreasonable to make inquiries to find the 24
owner; and 25
(b) subsection (1)(b) does not require the authorised person to make 26
efforts if it would be unreasonable to make efforts to return the 27
thing to its owner. 28
29
Example for paragraph (b)--
30
The owner of the thing has migrated to another country.
s 25 32 s 25
Natural Resources and Other Legislation Amendment
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`(3) Regard must be had to a thing's nature, condition and value in 1
deciding-- 2
(a) whether it is reasonable to make inquiries or efforts; and 3
(b) if making inquiries or efforts--what inquiries or efforts, 4
including the period over which they are made, are reasonable. 5
`400P Forfeiture on conviction 6
`(1) On conviction of a person for a tree clearing offence or compliance 7
notice offence, the court may order the forfeiture to the State of anything 8
owned by the person and seized under this subdivision. 9
`(2) The court may make any order to enforce the forfeiture it considers 10
appropriate. 11
`(3) This section does not limit the court's powers under the Penalties 12
and Sentences Act 1992 or another law. 13
`400Q Dealing with forfeited things 14
`(1) On forfeiture of a thing to the State, the thing becomes the State's 15
property and may be dealt with by the chief executive as the chief 16
executive considers appropriate. 17
`(2) Without limiting subsection (1), the chief executive may destroy or 18
dispose of the thing. 19
`400R Return of seized things 20
`(1) If a seized thing is not forfeited, the authorised person must return it 21
to its owner-- 22
(a) at the end of 6 months; or 23
(b) if a proceeding for a tree clearing offence or compliance notice 24
offence involving the thing is started within 6 months--at the end 25
of the proceeding and any appeal from the proceeding. 26
`(2) Despite subsection (1), unless the thing is forfeited, the authorised 27
person must immediately return a seized thing to its owner if the authorised 28
person stops being satisfied-- 29
(a) its continued retention as evidence is necessary; or 30
s 25 33 s 25
Natural Resources and Other Legislation Amendment
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(b) its continued retention is necessary to prevent the thing being 1
used to continue, or repeat, the offence. 2
`400S Access to seized things 3
`(1) Until a seized thing is forfeited or returned, an authorised person 4
must allow its owner to inspect it and, if it is a document, to copy it. 5
`(2) Subsection (1) does not apply if it is impracticable, or would be 6
unreasonable, to allow the inspection or copying. 7
`Subdivision 5--Power to obtain information 8
`400T Power to require name and address 9
`(1) This section applies if an authorised person-- 10
(a) finds a person committing a tree clearing offence; or 11
(b) finds a person in circumstances that lead, or has information that 12
leads, the authorised person to reasonably suspect the person has 13
just committed a tree clearing offence. 14
`(2) The authorised person may require the person to state the person's 15
name and residential address. 16
`(3) When making the requirement, the authorised person must warn the 17
person it is an offence to fail to state the person's name or residential 18
address, unless the person has a reasonable excuse. 19
`(4) The authorised person may require the person to give evidence of 20
the correctness of the stated name or residential address if the authorised 21
person reasonably suspects the stated name or address to be false. 22
`400U Failure to give name or address 23
`(1) A person of whom a requirement is made under section 400T must 24
comply with the requirement, unless the person has a reasonable excuse. 25
Maximum penalty--50 penalty units. 26
`(2) A person does not commit an offence against subsection (1) if-- 27
s 25 34 s 25
Natural Resources and Other Legislation Amendment
Bill 2003
(a) the person was required to state the person's name and residential 1
address by an authorised person who suspected the person had 2
committed a tree clearing offence; and 3
(b) the person is not proved to have committed the offence. 4
`400V Power to require information 5
`(1) This section applies if an authorised person reasonably believes-- 6
(a) a tree clearing offence or compliance notice offence has been 7
committed; and 8
(b) a person may be able to give information about the offence. 9
`(2) The authorised person may, by notice given to the person, require 10
the person to give information about the offence to the authorised person at 11
a stated reasonable place and at a stated reasonable time. 12
`(3) The person must comply with a requirement under subsection (2), 13
unless the person has a reasonable excuse. 14
Maximum penalty--50 penalty units. 15
`(4) It is not a reasonable excuse for a person to fail to give the 16
information because giving the information might tend to incriminate the 17
person. 18
`(5) However, if the person is an individual, evidence of, or evidence 19
directly or indirectly derived from, the information that might tend to 20
incriminate the person is not admissible in evidence against the person in a 21
civil or criminal proceeding, other than a proceeding for an offence about 22
the falsity of the information. 23
`(6) If a person is convicted of an offence against subsection (3), the 24
court may, as well as imposing a penalty for the offence, order the person to 25
comply with the requirement. 26
`400W Power to require production of documents 27
`(1) An authorised person may require a person to make available for 28
inspection by an authorised person, or produce to the authorised person for 29
inspection, at a reasonable time and place nominated by the authorised 30
person, a document relating to the clearing of trees. 31
`(2) The authorised person may keep the document to copy it. 32
s 25 35 s 25
Natural Resources and Other Legislation Amendment
Bill 2003
`(3) If the authorised person copies a document mentioned in 1
subsection (1), or an entry in the document, the authorised person may 2
require the person responsible for keeping the document to certify the copy 3
as a true copy of the document or entry. 4
`(4) The authorised person must return the document to the person as 5
soon as practicable after copying it. 6
`(5) However, if a requirement (a "document certification 7
requirement") is made of a person under subsection (3), the authorised 8
person may keep the document until the person complies with the 9
requirement. 10
`(6) A requirement under subsection (1) is a "document production 11
requirement". 12
`400X Failure to certify copy of document 13
`A person of whom a document certification requirement is made must 14
comply with the requirement, unless the person has a reasonable excuse. 15
Maximum penalty--50 penalty units. 16
`400Y Failure to produce document 17
`(1) A person of whom a document production requirement is made 18
must comply with the requirement, unless the person has a reasonable 19
excuse. 20
Maximum penalty--50 penalty units. 21
`(2) It is not a reasonable excuse for a person not to comply with a 22
document production requirement that complying with the requirement 23
might tend to incriminate the person. 24
`(3) However, if the person is an individual, evidence of, or evidence 25
directly or indirectly derived from, the document that might tend to 26
incriminate the person is not admissible in evidence against the person in a 27
civil or criminal proceeding, other than a proceeding for an offence about 28
the falsity of the document. 29
`(4) If a person is convicted of an offence against subsection (1), the 30
court may, as well as imposing a penalty for the offence, order the person to 31
comply with the requirement. 32
s 25 36 s 25
Natural Resources and Other Legislation Amendment
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`Subdivision 6--Obtaining criminal history reports 1
`400Z Purpose of sdiv 6 2
`The purpose of this subdivision is to help an authorised person to decide 3
whether the authorised person's unaccompanied entry of a place under 4
subdivision 1 would create an unacceptable level of risk to the authorised 5
person's safety. 6
`400ZA Chief executive's power to obtain criminal history report 7
`(1) The chief executive may ask the commissioner of the police service 8
for a written report about the criminal history of a person if the authorised 9
person reasonably suspects the person may be present at the place when the 10
authorised person enters the place under subdivision 1. 11
`(2) The commissioner must give the report to the chief executive. 12
`(3) However, the report is required to contain only criminal history that 13
is in the commissioner's possession or to which the commissioner has 14
access. 15
`(4) The chief executive must examine the report and identify, to the 16
extent it is reasonably practicable to do so, offences involving the use of a 17
weapon or violence against a person. 18
`(5) The chief executive may give the authorised person information in 19
the report about the offences identified under subsection (4). 20
`400ZB Criminal history is confidential document 21
`(1) A person must not, directly or indirectly, disclose to anyone else a 22
report about a person's criminal history, or information contained in the 23
report, given under section 400ZA. 24
Maximum penalty--100 penalty units. 25
`(2) However, the person does not contravene subsection (1) if-- 26
(a) the disclosure is for the purpose of the other person performing a 27
function under or in relation to this Act; or 28
(b) the disclosure is otherwise required or permitted by law. 29
s 26 37 s 26
Natural Resources and Other Legislation Amendment
Bill 2003
`(3) The chief executive or an authorised person to whom the report or 1
written information in the report is provided must destroy the report or 2
information as soon as practicable after the authorised person considers the 3
risk mentioned in section 400Z. 4
`Division 5--Other provisions about authorised persons'. 5
26 Insertion of new ss 403A and 403B
Clause 6
Chapter 7, part 1-- 7
insert-- 8
`403A False or misleading statements 9
`(1) A person must not state anything to an authorised person that the 10
person knows is false or misleading in a material particular. 11
Maximum penalty--50 penalty units. 12
`(2) In a proceeding for an offence against subsection (1), it is enough to 13
state that the statement made was, without specifying which, false or 14
misleading. 15
`403B False or misleading documents 16
`(1) A person must not give an authorised person a document containing 17
information that the person knows is false or misleading in a material 18
particular. 19
Maximum penalty--50 penalty units. 20
`(2) Subsection (1) does not apply to a person if the person, when giving 21
the document-- 22
(a) tells the authorised person, to the best of the person's ability, how 23
it is false or misleading; and 24
(b) if the person has, or can reasonably obtain, the correct 25
information--gives the correct information. 26
`(3) In a proceeding for an offence against subsection (1), it is enough to 27
state that the document was, without specifying which, false or 28
misleading.'. 29
s 27 38 s 27
Natural Resources and Other Legislation Amendment
Bill 2003
27 Insertion of new ch 7, pt 3A
Clause 1
After section 431-- 2
insert-- 3
`PART 3A--PROCEEDINGS GENERALLY 4
`Division 1--Preliminary 5
`431A Application of pt 3A 6
`This part applies to a proceeding under this Act. 7
`Division 2--Evidence 8
`431C Further evidentiary aids 9
`A certificate purporting to be signed by the chief executive stating any 10
of the following matters is evidence of the matter-- 11
(a) a stated document is one of the following things made, given, or 12
issued under this Act-- 13
(i) an appointment; 14
(ii) a decision; 15
(iii) a compliance notice; 16
(iv) a tree clearing permit; 17
(v) a property vegetation management plan; 18
(vi) a local guideline for broadscale tree clearing; 19
(vii) a broadscale tree clearing policy document; 20
(b) a stated document is a stated map maintained under the 21
Vegetation Management Act for a stated area; 22
(c) a stated document is a copy of a thing mentioned in paragraph (a) 23
or (b); 24
(d) on a stated day, or during a stated period, a person's appointment 25
as an authorised person was, or was not, in force; 26
s 27 39 s 27
Natural Resources and Other Legislation Amendment
Bill 2003
(e) on a stated day, a stated person was given a compliance notice 1
under this Act; 2
(f) on a stated day, a stated requirement was made of a stated person. 3
`431D Instruments, equipment and installations 4
`(1) An instrument, equipment or installation prescribed under a 5
regulation that is used in accordance with any conditions prescribed under 6
a regulation is taken, in the absence of evidence to the contrary-- 7
(a) to be accurate and precise; and 8
(b) to have been used by an appropriately qualified person. 9
`(2) A party to the proceeding intending to challenge a matter mentioned 10
in subsection (1)(a) or (b), must give at least 28 day's notice of the party's 11
intention to adduce relevant evidence. 12
`431E Certificate or report about remotely sensed image 13
`(1) A signature on a certificate or report purporting to be the signature 14
of an appropriately qualified person who gave the certificate or report is 15
evidence of the signature it purports to be. 16
`(2) A statement of any of the following matters in the certificate or 17
report is evidence of the matters stated in the absence of evidence to the 18
contrary-- 19
(a) the person's qualifications; 20
(b) a stated document is a remotely sensed image, or a copy of a 21
remotely sensed image, of a stated area; 22
(c) the date on which a stated remotely sensed image was produced; 23
(d) the person's stated conclusions drawn from a stated remotely 24
sensed image; 25
(e) the location of a stated area; 26
(f) whether trees in a stated area have been cleared; 27
(g) whether a stated area is or is likely to be an area of remnant 28
vegetation. 29
s 27 40 s 27
Natural Resources and Other Legislation Amendment
Bill 2003
`(3) A party to the proceeding intending to challenge the statement must 1
give at least 28 day's notice of the party's intention to adduce relevant 2
evidence. 3
`(4) In this section-- 4
"remnant vegetation" means remnant vegetation within the meaning of 5
the Vegetation Management Act. 6
`431F Responsibility for unauthorised tree clearing 7
`The clearing of trees on land in contravention of a tree clearing 8
provision is taken to have been done by an occupier of the land in the 9
absence of evidence to the contrary. 10
`Division 3--Starting proceedings 11
`431I Particulars to be stated for complaint for tree clearing offence 12
`(1) This section applies to a complaint for a proceeding for a tree 13
clearing offence. 14
`(2) It is enough, for identifying the trees cleared and the place where the 15
trees were cleared, for the particulars for the complaint to state the 16
following-- 17
(a) the number of hectares of trees that have been cleared 18
unlawfully; 19
(b) the location where the trees were cleared; 20
(c) whether the trees were in a regional ecosystem and the status of 21
the ecosystem; 22
23
Example of status of a regional ecosystem--
24
Remnant endangered regional ecosystem.
(d) whether the trees were in-- 25
(i) an area of high nature conservation value; or 26
(ii) an area vulnerable to land degradation. 27
`(3) In this section-- 28
s 27 41 s 27
Natural Resources and Other Legislation Amendment
Bill 2003
"area of high nature conservation value" means an area of high nature 1
conservation value within the meaning of the Vegetation Management 2
Act. 3
"area vulnerable to land degradation" means an area vulnerable to land 4
degradation within the meaning of the Vegetation Management Act. 5
`Division 4--Other matters about proceedings 6
`431J Executive officers must ensure corporation complies with Act 7
`(1) The executive officers of a corporation must ensure the corporation 8
complies with this Act. 9
`(2) If a corporation commits an offence against a provision of this Act, 10
each of the corporation's executive officers also commits an offence, 11
namely, the offence of failing to ensure the corporation complies with the 12
provision. 13
Maximum penalty for subsection (2)--the penalty for the contravention of 14
the provision by an individual. 15
`(3) Evidence that the corporation has been convicted of an offence 16
against a provision of this Act is evidence that each of the executive 17
officers committed the offence of failing to ensure the corporation 18
complies with the provision. 19
`(4) However, it is a defence for an executive officer to prove-- 20
(a) if the officer was in a position to influence the conduct of the 21
corporation in relation to the offence--the officer exercised 22
reasonable diligence to ensure the corporation complied with the 23
provision; or 24
(b) the officer was not in a position to influence the conduct of the 25
corporation in relation to the offence. 26
`(5) In this section-- 27
"executive officer", of a corporation, means a person who is concerned 28
with, or takes part in, the corporation's management, whether or not 29
the person is a director or the person's position is given the name of 30
executive officer. 31
s 27 42 s 27
Natural Resources and Other Legislation Amendment
Bill 2003
`431K Guide for deciding penalty for tree clearing offence 1
`(1) The purpose of this section is to provide a guide for the court in 2
deciding the penalty to impose on a person for a tree clearing offence. 3
`(2) Without affecting the maximum penalty the court may impose under 4
section 2554 for the offence, the court may take the following levels of 5
penalty to be appropriate in the absence of circumstances of mitigation-- 6
(a) for each hectare of trees cleared unlawfully in a remnant 7
endangered regional ecosystem or declared area--30 penalty 8
units; 9
(b) for each hectare of trees cleared unlawfully in a remnant of 10
concern regional ecosystem--24 penalty units; 11
(c) for each hectare of trees cleared unlawfully in a remnant not of 12
concern regional ecosystem--18 penalty units. 13
`(3) This section does not limit the matters to which the court may have 14
regard in deciding the penalty. 15
`(4) In this section-- 16
"declared area" means an area of high nature conservation value or an 17
area vulnerable to land degradation within the meaning of the 18
Vegetation Management Act. 19
"remnant endangered regional ecosystem" means a remnant endangered 20
regional ecosystem within the meaning of the Vegetation Management 21
Act. 22
"remnant of concern regional ecosystem" means a remnant of concern 23
regional ecosystem within the meaning of the Vegetation Management 24
Act. 25
"remnant not of concern regional ecosystem" means a remnant not of 26
concern regional ecosystem within the meaning of the Vegetation 27
Management Act. 28
`431L Recovery of costs of investigation 29
`(1) If a court convicts a person of an offence against this Act, the court 30
may order the person to pay the department's reasonable costs of 31
4 Section 255 (Tree clearing permit needed)
s 28 43 s 28
Natural Resources and Other Legislation Amendment
Bill 2003
investigating the offence, including reasonable costs of preparing for the 1
prosecution of the offence. 2
3
Examples of reasonable costs--
4
1. Obtaining and analysing remotely sensed images.
5
2. Costs of travelling for departmental officers and experts.
`(2) This section does not limit the orders for costs the court may make. 6
`431M Representation of departmental officer in court 7
`(1) Any departmental officer may appear for and represent another 8
departmental officer in the court in a proceeding brought by the other 9
officer under this Act. 10
`(2) In this section-- 11
`"departmental officer" means a public service officer employed in the 12
department. 13
`431N Ability to prosecute under other Acts 14
`Nothing in this Act prevents a person from being prosecuted for any of 15
the following offences in relation to the clearing of trees-- 16
(a) a development offence under the Integrated Planning Act 1997; 17
(b) a vegetation clearing offence under the Vegetation Management 18
Act; 19
(c) an offence against a following provision of the Environmental 20
Protection Act 1994-- 21
· section 437(1) 22
· section 437(2) 23
· section 438(1) 24
· section 438(2).'. 25
28 Amendment of s 446 (Limitation on time for starting offence
Clause 26
proceedings) 27
(1) Section 446, `A proceeding'-- 28
s 29 44 s 30
Natural Resources and Other Legislation Amendment
Bill 2003
omit, insert-- 1
`Subject to subsection (2), a proceeding'. 2
(2) Section 446(b), `2'-- 3
omit, insert-- 4
`5'. 5
(3) Section 446-- 6
insert-- 7
`(2) If the proceeding is for a tree clearing offence and the court 8
considers it just and equitable in the circumstances, the court may, at any 9
time, extend a time set under this section. 10
`(3) Subsection (2) applies to a tree clearing offence committed on or 11
after 1 January 1999, regardless of whether the time for starting the 12
proceeding expired before the commencement of the subsection. 13
`(4) A tree clearing offence does not come to the complainant's 14
knowledge merely because the complainant receives a remotely sensed 15
image that may provide evidence of the offence.'. 16
(4) Section 446-- 17
relocate and renumber, in chapter 7, part 3A, division 3, as 18
section 431H. 19
29 Amendment of sch 2 (Original decisions)
Clause 20
Schedule 2-- 21
insert-- 22
`240C forfeiting a lease
274A(2) giving a compliance notice'.
30 Amendment of sch 6 (Dictionary)
Clause 23
Schedule 6-- 24
insert-- 25
` "compliance notice" see section 274A. 26
"compliance notice offence" means an offence against section 274A(4). 27
s 30 45 s 30
Natural Resources and Other Legislation Amendment
Bill 2003
"conviction" includes a finding of guilt or the acceptance of a plea of 1
guilty by a court, whether or not a conviction is recorded. 2
"criminal history", of a person, means the convictions, including spent 3
convictions, recorded against the person for offences, in Queensland 4
or elsewhere, whether before or after the commencement of this Act. 5
"document certification requirement" see section 400W. 6
"document production requirement" see section 400W. 7
"occupier", of a place, for chapter 7, part 1, division 4 and section 431F-- 8
(a) includes a person who reasonably appears to be an occupier, or in 9
charge, of the place; and 10
(b) if there is more than 1 occupier of the place--means any of the 11
occupiers. 12
"reasonably believe" means believe on grounds that are reasonable in the 13
circumstances. 14
"reasonably suspect" means suspect on grounds that are reasonable in the 15
circumstances. 16
"show cause period" see section 240B(2)(d). 17
"spent conviction" means a conviction-- 18
(a) for which the rehabilitation period under the Criminal Law 19
(Rehabilitation of Offenders) Act 1986 has expired under that 20
Act; and 21
(b) that is not revived as prescribed by section 11 of that Act. 22
"tree clearing offence" means an offence against section 255(1). 23
"tree clearing provision" means section 255(1) or 274A(4). 24
"Vegetation Management Act" means the Vegetation Management Act 25
1999.'. 26
s 31 46 s 33
Natural Resources and Other Legislation Amendment
Bill 2003
PART 6--AMENDMENT OF MINERAL RESOURCES 1
ACT 1989 2
31 Act amended in pt 6
Clause 3
This part amends the Mineral Resources Act 1989. 4
32 Insertion of new s 25AA
Clause 5
After section 25-- 6
insert-- 7
`25AA Additional conditions of prospecting permit relating to native 8
title 9
`(1) Conditions imposed on a prospecting permit by a mining registrar 10
under section 25(2) may include native title protection conditions for the 11
permit. 12
`(2) Subsection (1) does not limit section 25(2). 13
`(3) In this section-- 14
"native title protection conditions", for a prospecting permit, means 15
conditions that-- 16
(a) are about ways of minimising the impact of the permit on native 17
title in relation to the land affected by the permit, including ways 18
of accessing the land and ways anything authorised under the 19
permit may be done; and 20
(b) are identified in the permit as native title protection conditions 21
for the permit.'. 22
33 Insertion of new s 141AA
Clause 23
After section 141-- 24
insert-- 25
s 34 47 s 34
Natural Resources and Other Legislation Amendment
Bill 2003
`141AA Additional conditions of exploration permit relating to native 1
title 2
`(1) Conditions determined for an exploration permit by the Minister 3
under section 141(1)(j) may include native title protection conditions for 4
the permit. 5
`(2) Subsection (1) does not limit section 141(1)(j). 6
`(3) In this section-- 7
"native title protection conditions", for an exploration permit, means 8
conditions that-- 9
(a) are about ways of minimising the impact of the permit on native 10
title in relation to the land affected by the permit, including ways 11
of accessing the land and ways anything authorised under the 12
permit may be done; and 13
(b) are identified in the permit as native title protection conditions 14
for the permit.'. 15
34 Insertion of new s 194AAA
Clause 16
After section 194-- 17
insert-- 18
`194AAA Additional conditions of mineral development licence 19
relating to native title 20
`(1) Conditions determined for a mineral development licence by the 21
Minister under section 194(1)(j) may include native title protection 22
conditions for the licence. 23
`(2) Subsection (1) does not limit section 194(1)(j). 24
`(3) In this section-- 25
"native title protection conditions", for a mineral development licence, 26
means conditions that-- 27
(a) are about ways of minimising the impact of the licence on native 28
title in relation to the land affected by the licence, including ways 29
of accessing the land and ways anything authorised under the 30
licence may be done; and 31
s 35 48 s 39
Natural Resources and Other Legislation Amendment
Bill 2003
(b) are identified in the licence as native title protection conditions 1
for the licence.'. 2
35 Amendment of s 426 (Application of pt 13)
Clause 3
Section 426(1)-- 4
insert-- 5
`(ab)the application for the permit was lodged on or before 6
31 March 2003; and' 7
36 Amendment of s 462 (Application of div 4)
Clause 8
Section 462(1)-- 9
insert-- 10
`(a) the application for the mining claim was lodged on or before 11
31 March 2003; and'. 12
37 Amendment of s 465 (Application of div 5)
Clause 13
Section 465(5)-- 14
insert-- 15
`(a) the application for the renewal of the mining claim was lodged 16
on or before 31 March 2003; and'. 17
38 Amendment of s 472 (Application of div 6)
Clause 18
Section 472(5)-- 19
`(c) the application for the addition was lodged on or before 20
31 March 2003; and'. 21
39 Amendment of s 484 (Application of div 2)
Clause 22
Section 484(1)-- 23
insert-- 24
`(ab)the application for the exploration permit was lodged on or 25
before 31 March 2003; and'. 26
s 40 49 s 44
Natural Resources and Other Legislation Amendment
Bill 2003
40 Amendment of s 486 (Requirement to notify)
Clause 1
Section 486(2)(a), `7 days'-- 2
omit, insert-- 3
`14 days'. 4
41 Amendment of s 487 (Notification of mining registrar)
Clause 5
Section 487(1), `2 days'-- 6
omit, insert-- 7
`7 days'. 8
42 Amendment of s 522 (Application of div 4)
Clause 9
Section 522(1)-- 10
insert-- 11
`(ab)the application for the exploration permit was lodged on or 12
before 31 March 2003; and'. 13
43 Amendment of s 524 (Applying pt 17, div 4 for grant)
Clause 14
Section 524(3), `14 days'-- 15
omit, insert-- 16
`28 days'. 17
44 Amendment of s 525 (Application of div 5)
Clause 18
(1) Section 525(1)-- 19
insert-- 20
`(ab)the application for the renewal of the exploration permit was 21
lodged on or before 31 March 2003; and'. 22
(2) Section 525(5)-- 23
insert-- 24
`(ab)the application for the renewal of the exploration permit was 25
lodged on or before 31 March 2003; and'. 26
s 45 50 s 50
Natural Resources and Other Legislation Amendment
Bill 2003
45 Amendment of s 531 (Application of div 6)
Clause 1
Section 531(2), before paragraph (a)-- 2
insert-- 3
`(aa) the application for the variation of conditions or addition of land 4
was lodged on or before 31 March 2003; and'. 5
46 Amendment of s 540 (Application of div 2)
Clause 6
Section 540(1)-- 7
insert-- 8
`(ab)the application for the mineral development licence was lodged 9
on or before 31 March 2003; and'. 10
47 Amendment of s 542 (Requirement to notify)
Clause 11
Section 542(2)(a), `7 days'-- 12
omit, insert-- 13
`14 days'. 14
48 Amendment of s 543 (Notification of mining registrar)
Clause 15
Section 543(1), `2 days'-- 16
omit, insert-- 17
`7 days'. 18
49 Amendment of s 579 (Application of div 4)
Clause 19
Section 579(1)-- 20
insert-- 21
`(ab)the application for the mineral development licence was lodged 22
on or before 31 March 2003; and'. 23
50 Amendment of s 581 (Applying pt 17, div 4 for grant)
Clause 24
Section 581(3), `14 days'-- 25
s 51 51 s 54
Natural Resources and Other Legislation Amendment
Bill 2003
omit, insert-- 1
`28 days'. 2
51 Amendment of s 582 (Application of div 5)
Clause 3
(1) Section 582(1)-- 4
insert-- 5
`(ab)the application for the renewal of the mineral development 6
licence was lodged on or before 31 March 2003; and'. 7
(2) Section 582(5)-- 8
insert-- 9
`(ab)the application for the renewal of the mineral development 10
licence was lodged on or before 31 March 2003; and'. 11
52 Amendment of s 588 (Application of div 6)
Clause 12
Section 588(2), before paragraph (a)-- 13
insert-- 14
`(aa) the application for the variation of conditions or addition of 15
stated minerals or land was lodged on or before 31 March 2003; 16
and'. 17
53 Amendment of s 650 (Application of div 4)
Clause 18
Section 650(1)-- 19
insert-- 20
`(a) the application for the mining lease was lodged on or before 21
31 March 2003; and'. 22
54 Amendment of s 689 (Application of div 5)
Clause 23
Section 689(5)-- 24
insert-- 25
s 55 52 s 56
Natural Resources and Other Legislation Amendment
Bill 2003
`(a) the application for the renewal of the mining lease was lodged on 1
or before 31 March 2003; and'. 2
55 Amendment of s 697 (Application of div 6)
Clause 3
Section 697(5)-- 4
insert-- 5
`(ab)the application for the approval was lodged on or before 6
31 March 2003; and'. 7
56 Insertion of new pt 19, div 5
Clause 8
Part 19-- 9
insert-- 10
`Division 5--Transitional provisions for Natural Resources and Other 11
Legislation Amendment Act 2003 12
`737 No notification commencement day advised before 31 March 2003 13
`(1) This section applies to an application if-- 14
(a) it is an application to which division 2 applies; and 15
(b) the mining registrar or the chief executive is required under 16
section 7275 to give the applicant under the application a notice 17
advising the applicant of the notification commencement day for 18
the application; and 19
(c) the notice is not given on or before 31 March 2003. 20
`(2) The mining registrar or chief executive must not give the notice. 21
`(3) For the purpose only of deciding whether a division of part 14, 15, 22
16 or 17 applies in relation to the application, the application is taken to 23
have been lodged after 31 March 2003. 24
5 Section 727 (Giving advice of notification commencement day)
s 57 53 s 58
Natural Resources and Other Legislation Amendment
Bill 2003
`738 Effect of extension of time for giving notice or information 1
`(1) This section applies to a person if-- 2
(a) at any time before the commencement of this section, the person 3
was required to give a notice or information within a stated time; 4
and 5
(b) immediately before the commencement, the person had not given 6
the notice or information, whether or not the stated time had 7
expired. 8
`(2) The time within which the person must give the notice or 9
information may be worked out using the stated time as amended by the 10
amending Act. 11
`(3) In this division-- 12
"amending Act" means the Natural Resources and Other Legislation 13
Amendment Act 2003. 14
"relevant provision" means section 486(2)(a), 487(1), 524(3), 542(2)(a), 15
543(1) or 581(3). 16
"stated time" means the number of days stated in a relevant provision.'. 17
PART 7--AMENDMENT OF VEGETATION 18
MANAGEMENT ACT 1999 19
57 Act amended in pt 7
Clause 20
This part amends the Vegetation Management Act 1999. 21
58 Insertion of new s 22A
Clause 22
Part 2-- 23
insert-- 24
s 59 54 s 59
Natural Resources and Other Legislation Amendment
Bill 2003
`22A Refusing development application after conviction for vegetation 1
clearing offence 2
`(1) If a development application involves the clearing of vegetation on 3
freehold land, the assessment manager for the application may refuse the 4
application if-- 5
(a) the applicant has been convicted of a vegetation clearing offence 6
in the relevant period, regardless of whether the offence was 7
committed before the relevant period; or 8
(b) the owner of the land has been convicted of a vegetation clearing 9
offence in the relevant period, regardless of whether the offence 10
was committed before the relevant period. 11
`(2) Subsection (1) does not limit the grounds on which the assessment 12
manager may refuse the application under the Planning Act. 13
`(3) In this section-- 14
"conviction" includes a finding of guilt or the acceptance of a plea of 15
guilty by a court, whether or not a conviction is recorded. 16
"owner", of land in a freeholding lease, means the holder of the lease. 17
"relevant period" means the period, starting after the commencement of 18
this definition, of 5 years immediately before the application is 19
made.'. 20
59 Amendment of s 25 (Functions and powers of authorised officers)
Clause 21
Section 25(1)-- 22
omit, insert-- 23
`(1) An authorised officer has the functions of-- 24
(a) conducting investigations and inspections to monitor and enforce 25
compliance with-- 26
(i) this Act; and 27
(ii) a vegetation clearing provision; and 28
(b) issuing compliance notices.'. 29
s 60 55 s 61
Natural Resources and Other Legislation Amendment
Bill 2003
60 Amendment of s 30 (Power to enter places)
Clause 1
(1) Section 30(1)(a), `its occupier'-- 2
omit, insert-- 3
`an occupier of the place'. 4
(2) Section 30(1)-- 5
insert-- 6
`(ba) the place is-- 7
(i) the subject of-- 8
(A) a development approval involving the clearing of 9
vegetation; or 10
(B) a compliance notice; or 11
(C) an enforcement notice under the Planning Act relating 12
to the contravention of a vegetation clearing provision; 13
and 14
(ii) entered during daylight hours; or 15
(bb) the entry is for the purpose of giving an occupier a compliance 16
notice requiring the occupier to immediately stop committing a 17
vegetation clearing offence; or'. 18
(3) Section 30-- 19
insert-- 20
`(3) Subsection (1)(ba) does not apply to a part of a place where a person 21
resides.'. 22
61 Amendment of s 35 (Warrants--procedure before entry)
Clause 23
Section 35-- 24
insert-- 25
`(4) If there is no person present at the place who is an occupier of the 26
place, or it is vacant land, it is sufficient compliance with subsection (2) for 27
the officer, before entering the place, to do or make a reasonable attempt to 28
do the following things-- 29
(a) contact an owner or occupier of the place; 30
s 62 56 s 64
Natural Resources and Other Legislation Amendment
Bill 2003
(b) tell the owner or occupier the authorised officer is permitted by 1
the warrant to enter the place; 2
(c) give the owner or occupier an opportunity to allow the authorised 3
officer immediate entry to the place without using force.'. 4
62 Amendment of s 36 (General powers after entering places)
Clause 5
(1) Section 36(3), `may'-- 6
omit, insert-- 7
`may, subject to subsection (5)'. 8
(2) Section 36(3)(f) and (g), `the occupier'-- 9
omit, insert-- 10
`an occupier'. 11
(3) Section 36-- 12
insert-- 13
`(5) If the authorised officer enters the place under 30(1)(bb) for the 14
purpose of giving an occupier a compliance notice, the authorised officer 15
may only-- 16
(a) give the occupier the compliance notice; and 17
(b) take into or onto the place any person the authorised officer 18
reasonably requires for giving the notice.'. 19
63 Amendment of s 39 (Seizing evidence)
Clause 20
Section 39(1)-- 21
omit, insert-- 22
`(1) This section applies if, under this division, an authorised officer 23
enters a place after obtaining the consent of an occupier or a warrant.'. 24
64 Amendment of s 51 (Power to require information)
Clause 25
Section 51(4)-- 26
omit, insert-- 27
s 65 57 s 66
Natural Resources and Other Legislation Amendment
Bill 2003
`(4) It is not a reasonable excuse for a person to fail to give the 1
information because giving the information might tend to incriminate the 2
person. 3
`(5) However, if the person is an individual, evidence of, or evidence 4
directly or indirectly derived from, the information that might tend to 5
incriminate the person is not admissible in evidence against the person in a 6
civil or criminal proceeding, other than a proceeding for an offence about 7
the falsity of the information. 8
`(6) If a person is convicted of an offence against subsection (3), the 9
court may, as well as imposing a penalty for the offence, order the person to 10
comply with the requirement.'. 11
65 Amendment of s 54 (Failure to produce document)
Clause 12
Section 54(2)-- 13
omit, insert-- 14
`(2) It is not a reasonable excuse for a person not to comply with a 15
document production requirement that complying with the requirement 16
might tend to incriminate the person. 17
`(3) However, if the person is an individual, evidence of, or evidence 18
directly or indirectly derived from, the document that might tend to 19
incriminate the person is not admissible in evidence against the person in a 20
civil or criminal proceeding, other than a proceeding for an offence about 21
the falsity of the document. 22
`(4) If a person is convicted of an offence against subsection (1), the 23
court may, as well as imposing a penalty for the offence, order the person to 24
comply with the requirement.'. 25
66 Amendment of 55 (Compliance notice)
Clause 26
(1) Section 55(5)-- 27
omit, insert-- 28
`(5) If the person does an act, or makes an omission, in contravention of 29
the compliance notice, the official may use reasonable force and take any 30
other reasonable action to stop the contravention.'. 31
(2) Section 55(7)-- 32
s 67 58 s 67
Natural Resources and Other Legislation Amendment
Bill 2003
omit, insert-- 1
`(7) For this section, if the person has an interest in the land the subject 2
of the compliance notice and all or part of the interest, to the extent it is the 3
subject of the compliance notice, is transferred, in any way, to another 4
person (the "transferee"), on the transfer-- 5
(a) a reference in the compliance notice to the person is taken to be a 6
reference to the transferee; and 7
(b) the compliance notice is taken to have been given to the 8
transferee on the transfer of the interest; and 9
(c) any outstanding liability, other than criminal liability, of the 10
person becomes a liability of the transferee. 11
`(8) If the compliance notice requires a matter to be rectified by a stated 12
day or within a stated period and it is not reasonably practical for the 13
transferee to comply with the notice by the stated day or within the stated 14
period, the transferee may ask the chief executive to extend the time for 15
compliance with the notice. 16
17
Example for subsection (8)--
18
A is given a compliance notice on 1 January 2004 requiring A to rectify a matter by
19
30 June 2004. On 1 July 2004, A transfers the land the subject of the compliance notice
20
to B.
`(9) If the chief executive, by written notice given to the transferee, 21
extends the time for compliance with the compliance notice, the 22
compliance notice is taken to require the matter to be rectified within the 23
extended time for compliance stated in the chief executive's written notice. 24
`(10) To remove any doubt, it is declared that on the transfer of the 25
interest, the person to whom the compliance notice was given under 26
subsection (2) is not criminally liable for any contravention of the 27
compliance notice that happens on or after the transfer of the interest. 28
`(11) Subsections (7) to (10) have effect in relation to each successor in 29
title to the transferee's interest in the same way the subsections had effect 30
in relation to the transferee.'. 31
67 Insertion of new s 55A
Clause 32
Part 3, division 1, subdivision 7-- 33
insert-- 34
s 68 59 s 68
Natural Resources and Other Legislation Amendment
Bill 2003
`55A Record of compliance notice in land registry 1
`(1) This section applies if the compliance notice requires the person to 2
rectify a matter. 3
`(2) As soon as practicable after the compliance notice is given, the chief 4
executive must give the registrar of titles written notice of the giving of the 5
compliance notice. 6
`(3) The registrar must keep records showing the compliance notice has 7
been given. 8
`(4) The registrar must keep the records in a way that a search of the 9
register kept by the registrar under any Act relating to title to the land the 10
subject of the compliance notice will show the notice has been given. 11
`(5) As soon as practicable after the compliance notice has been 12
complied with, withdrawn or in any other way terminated, the chief 13
executive must give written notice of the fact to the registrar. 14
`(6) As soon as practicable after receiving a notice under subsection (5), 15
the registrar must remove the particulars of the compliance notice from the 16
registrar's records.'. 17
68 Insertion of new pt 3, div 2, sdiv 1 and pt 3, div 2, sdiv 2 hdg
Clause 18
Before section 56-- 19
insert-- 20
`Subdivision 1--Obtaining criminal history reports 21
`55B Purpose of sdiv 1 22
`The purpose of this subdivision is to help an authorised officer to decide 23
whether the authorised officer's unaccompanied entry of a place under 24
division 1 would create an unacceptable level of risk to the authorised 25
officer's safety. 26
`55C Chief executive's power to obtain criminal history report 27
`(1) The chief executive may ask the commissioner of the police service 28
for a written report about the criminal history of a person if the authorised 29
officer reasonably suspects the person may be present at the place when the 30
authorised officer enters the place under division 1. 31
s 69 60 s 69
Natural Resources and Other Legislation Amendment
Bill 2003
`(2) The commissioner must give the report to the chief executive. 1
`(3) However, the report is required to contain only criminal history that 2
is in the commissioner's possession or to which the commissioner has 3
access. 4
`(4) The chief executive must examine the report and identify, to the 5
extent it is reasonably practicable to do so, offences involving the use of a 6
weapon or violence against a person. 7
`(5) The chief executive may give the authorised officer information in 8
the report about the offences identified under subsection (4). 9
`55D Criminal history is confidential document 10
`(1) A person must not, directly or indirectly, disclose to anyone else a 11
report about a person's criminal history, or information contained in the 12
report, given under section 55C. 13
Maximum penalty--100 penalty units. 14
`(2) However, the person does not contravene subsection (1) if-- 15
(a) the disclosure is for the purpose of the other person performing a 16
function under or in relation to this Act; or 17
(b) the disclosure is otherwise required or permitted by law. 18
`(3) The chief executive or an authorised officer to whom the report or 19
written information in the report is provided must destroy the report or 20
information as soon as practicable after the authorised officer considers the 21
risk mentioned in section 55B. 22
`Subdivision 2--Notice of damage and compensation'. 23
69 Insertion of new ss 60A and 60B
Clause 24
After section 60-- 25
insert-- 26
`60A Executive officers must ensure corporation complies with Act 27
`(1) The executive officers of a corporation must ensure the corporation 28
complies with this Act. 29
s 69 61 s 69
Natural Resources and Other Legislation Amendment
Bill 2003
`(2) If a corporation commits an offence against a provision of this Act, 1
each of the corporation's executive officers also commits an offence, 2
namely, the offence of failing to ensure the corporation complies with the 3
provision. 4
Maximum penalty for subsection (2)--the penalty for the contravention of 5
the provision by an individual. 6
`(3) Evidence that the corporation has been convicted of an offence 7
against a provision of this Act is evidence that each of the executive 8
officers committed the offence of failing to ensure the corporation 9
complies with the provision. 10
`(4) However, it is a defence for an executive officer to prove-- 11
(a) if the officer was in a position to influence the conduct of the 12
corporation in relation to the offence--the officer exercised 13
reasonable diligence to ensure the corporation complied with the 14
provision; or 15
(b) the officer was not in a position to influence the conduct of the 16
corporation in relation to the offence. 17
`(5) In this section-- 18
"executive officer", of a corporation, means a person who is concerned 19
with, or takes part in, the corporation's management, whether or not 20
the person is a director or the person's position is given the name of 21
executive officer. 22
`60B Guide for deciding penalty for vegetation clearing offence 23
`(1) The purpose of this section is to provide a guide for a court in 24
deciding the penalty to impose on a person for a vegetation clearing 25
offence. 26
`(2) Without affecting the maximum penalty the court may impose under 27
the Planning Act for the offence, the court may take the following levels of 28
penalty to be appropriate in the absence of circumstances of mitigation-- 29
(a) for each hectare of vegetation cleared unlawfully in a remnant 30
endangered regional ecosystem or declared area--30 penalty 31
units; 32
(b) for each hectare of vegetation cleared unlawfully in a remnant of 33
concern regional ecosystem--24 penalty units; 34
s 70 62 s 70
Natural Resources and Other Legislation Amendment
Bill 2003
(c) for each hectare of vegetation cleared unlawfully in a remnant 1
not of concern regional ecosystem--18 penalty units. 2
`(3) This section does not limit the matters to which the court may have 3
regard in deciding the penalty. 4
`(4) In this section-- 5
"declared area" means an area of high nature conservation value or an 6
area vulnerable to land degradation.'. 7
70 Insertion of new ss 66A and 66B
Clause 8
After section 66-- 9
insert-- 10
`66A Instruments, equipment and installations 11
`(1) An instrument, equipment or installation prescribed under a 12
regulation that is used in accordance with any conditions prescribed under 13
a regulation is taken, in the absence of evidence to the contrary-- 14
(a) to be accurate and precise; and 15
(b) to have been used by an appropriately qualified person. 16
`(2) A party to the proceeding intending to challenge a matter mentioned 17
in subsection (1)(a) or (b), must give at least 28 day's notice of the party's 18
intention to adduce relevant evidence. 19
`66B Certificate or report about remotely sensed image 20
`(1) A signature on a certificate or report purporting to be the signature 21
of an appropriately qualified person who gave the certificate or report is 22
evidence of the signature it purports to be. 23
`(2) A statement of any of the following matters in the certificate or 24
report is evidence of the matters stated in the absence of evidence to the 25
contrary-- 26
(a) the person's qualifications; 27
(b) a stated document is a remotely sensed image, or a copy of a 28
remotely sensed image, of a stated area; 29
(c) the date on which a stated remotely sensed image was produced; 30
s 71 63 s 72
Natural Resources and Other Legislation Amendment
Bill 2003
(d) the person's stated conclusions drawn from a stated remotely 1
sensed image; 2
(e) the location of a stated area; 3
(f) whether vegetation in a stated area has been cleared; 4
(g) whether a stated area is or is likely to be an area of remnant 5
vegetation. 6
`(3) A party to the proceeding intending to challenge the statement must 7
give at least 28 day's notice of the party's intention to adduce relevant 8
evidence.'. 9
71 Insertion of new s 67A
Clause 10
Part 4, division 2-- 11
insert-- 12
`67A Responsibility for unauthorised clearing of vegetation 13
`(1) The clearing of vegetation on land in contravention of a vegetation 14
clearing provision is taken to have been done by an occupier of the land in 15
the absence of evidence to the contrary. 16
`(2) In this section-- 17
"occupier", of land, includes-- 18
(a) for freehold land other than a freeholding lease--the owner of 19
the land; or 20
(b) for a freeholding lease--the holder of the lease.'. 21
72 Insertion of new pt 4, div 2A
Clause 22
Part 4-- 23
insert-- 24
`Division 2A--Defences 25
`67B Defence in proceeding for vegetation clearing offence 26
`For a proceeding against a person for a vegetation clearing offence, the 27
Criminal Code, section 24,6 does not apply.'. 28
s 73 64 s 74
Natural Resources and Other Legislation Amendment
Bill 2003
73 Amendment of s 68 (Summary proceedings for offences)
Clause 1
(1) Section 68(2), `A'-- 2
omit, insert-- 3
`Subject to subsection (4), a'. 4
(2) Section 68(3), after `1997,'-- 5
insert-- 6
`and subject to subsection (4),'. 7
(3) Section 68-- 8
insert-- 9
`(4) If a Magistrates Court considers it just and equitable in the 10
circumstances, the court may, at any time, extend a time set under this 11
section. 12
`(5) Subsection (4)-- 13
(a) applies to an offence regardless of whether it was committed 14
before or after the commencement of the subsection; and 15
(b) does not apply to an offence if the time for starting a proceeding 16
for the offence had expired before the commencement of the 17
subsection. 18
`(6) A vegetation clearing offence does not come to the complainant's 19
knowledge merely because the complainant receives a remotely sensed 20
image that may provide evidence of the offence.'. 21
74 Insertion of new ss 68A-68C
Clause 22
Part 4, division 3-- 23
insert-- 24
`68A Particulars to be stated for complaint for vegetation clearing 25
offence 26
`(1) This section applies to a complaint for a proceeding for a vegetation 27
clearing offence. 28
6 Criminal Code, section 24 (Mistake of fact)
s 74 65 s 74
Natural Resources and Other Legislation Amendment
Bill 2003
`(2) It is enough, for identifying the vegetation cleared and the place 1
where the vegetation was cleared, for the particulars for the complaint to 2
state the following-- 3
(a) the number of hectares of vegetation that have been cleared 4
unlawfully; 5
(b) the location where the vegetation was cleared; 6
(c) whether the vegetation was in a regional ecosystem and the status 7
of the ecosystem; 8
9
Example of status of a regional ecosystem--
10
Remnant endangered regional ecosystem.
(d) whether the vegetation was in-- 11
(i) an area of high nature conservation value; or 12
(ii) an area vulnerable to land degradation. 13
`68B Representation of departmental officer in court 14
`(1) Any departmental officer may appear for and represent another 15
departmental officer in a Magistrates Court in a proceeding brought by the 16
other officer under this Act or for a vegetation clearing offence. 17
`(2) In this section-- 18
`"departmental officer" means a public service officer employed in the 19
department. 20
`68C Recovery of costs of investigation 21
`(1) If a court convicts a person of an offence against this Act or a 22
vegetation clearing offence, the court may order the person to pay the 23
department's reasonable costs of investigating the offence, including 24
reasonable costs of preparing for the prosecution of the offence. 25
26
Examples of reasonable costs--
27
1. Obtaining and analysing remotely sensed images.
28
2. Costs of travelling for departmental officers and experts.
`(2) Subsection (1) does not limit the orders for costs the court may 29
make.'. 30
s 75 66 s 75
Natural Resources and Other Legislation Amendment
Bill 2003
75 Amendment of schedule (Dictionary)
Clause 1
(1) Schedule-- 2
insert-- 3
` "area of unlawfully cleared vegetation" means an area that has been 4
cleared in contravention of a vegetation clearing provision. 5
"criminal history", of a person, means the convictions, including spent 6
convictions, recorded against the person for offences, in Queensland 7
or elsewhere, whether before or after the commencement of this Act. 8
"freeholding lease" means a freeholding lease as defined under the Land 9
Act 1994. 10
"occupier", of land, means-- 11
(a) the person in actual occupation of the land or, if there is no 12
person in actual occupation, the person entitled to possession of 13
the land; and 14
(b) if there is more than 1 occupier of the land--any of the 15
occupiers. 16
"Planning Act" means the Integrated Planning Act 1997. 17
"spent conviction" means a conviction-- 18
(a) for which the rehabilitation period under the Criminal Law 19
(Rehabilitation of Offenders) Act 1986 has expired under that 20
Act; and 21
(b) that is not revived as prescribed by section 11 of that Act.'. 22
(2) Schedule, definition "freehold land", from `as' to `1994'-- 23
omit. 24
(3) Schedule, definition "regional ecosystem map", item 1(b)-- 25
insert-- 26
`(vii)areas of unlawfully cleared vegetation.'. 27
(4) Schedule, definition "remnant map", item 1(b)-- 28
insert-- 29
`(iv) areas of unlawfully cleared vegetation.'. 30
s 76 67 s 76
Natural Resources and Other Legislation Amendment
Bill 2003
PART 8--MINOR AMENDMENTS 1
76 Acts amended in schedule
Clause 2
The schedule amends the Acts mentioned in it. 3
68
Natural Resources and Other Legislation Amendment
Bill 2003
SCHEDULE 1
MINOR AMENDMENTS 2
section 76 3
LAND ACT 1994 4
1 Section 256(4)-- 5
omit. 6
2 Section 445-- 7
relocate and renumber, in chapter 7, part 3A, division 3, as 8
section 431G. 9
3 Section 447(1)-- 10
omit. 11
4 Section 447(2) to (5)-- 12
renumber as section 447(1) to (4). 13
5 Section 447-- 14
relocate and renumber, in chapter 7, part 3A, division 2, as section 431B. 15
69
Natural Resources and Other Legislation Amendment
Bill 2003
SCHEDULE (continued)
MINERAL RESOURCES ACT 1989 1
1 Section 423(3) and (4), `section 5'-- 2
omit, insert-- 3
`the schedule'. 4
2 Schedule, definition "land" (first definition)-- 5
omit. 6
3 Schedule, definition "land" (second definition), `, other than for 7
the native title provisions,'-- 8
omit. 9
VEGETATION MANAGEMENT ACT 1999 10
1 The following provisions, `Integrated Planning Act 1997'-- 11
· sections 3(2)(a), 7, 21, 22, 61(a), 67(1)(a), 68(3), 73(3)(b) and 74 12
· part 2, division 6, heading 13
· schedule, definitions "applicable code", "assessment manager", 14
"concurrence agency", "development", "development 15
application", "development approval", "IDAS", "vegetation 16
clearing provision" 17
omit, insert-- 18
`Planning Act'. 19
2 Section 52(6), `called'-- 20
omit. 21
70
Natural Resources and Other Legislation Amendment
Bill 2003
SCHEDULE (continued)
3 Section 67(1), `evidence of it'-- 1
omit, insert-- 2
`evidence of the matter'. 3
© State of Queensland 2003
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