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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland LAND LEGISLATION AMENDMENT BILL 2003
Queensland LAND LEGISLATION AMENDMENT BILL 2003 TABLE OF PROVISIONS Section Page PART 1--PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 PART 2--AMENDMENT OF ABORIGINAL LAND ACT 1991 3 Act amended in pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Insertion of new s 137AB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 137AB Confirmation of status of particular land . . . . . . . . . . . . . . . . . . . . . 4 PART 3--AMENDMENT OF LAND ACT 1994 5 Act amended in pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 6 Amendment of sch 6 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 PART 4--AMENDMENT OF MINERAL RESOURCES ACT 1989 7 Act amended in pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 8 Insertion of new s 418C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 418C Cancellation of Shelburne Bay mining leases . . . . . . . . . . . . . . . . . . 6 PART 5--AMENDMENT OF VALUATION OF LAND ACT 1944 9 Act amended in pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 10 Amendment of s 2 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 11 Amendment of s 6 (Meaning of "improvements") . . . . . . . . . . . . . . . . . . . . 7 12 Amendment of s 7 (Meaning of "owner"). . . . . . . . . . . . . . . . . . . . . . . . . . . 7 13 Amendment of s 8 (Meaning of "subdivide") . . . . . . . . . . . . . . . . . . . . . . . . 8 14 Amendment of s 14 (Deciding unimproved value of certain land) . . . . . . . . 8 15 Amendment of s 20 (Chief executive to fix date of other valuations or alterations of valuations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 16 Amendment of s 28 (Alteration of valuation in force or to come into force) 9
2 Land Legislation Amendment Bill 2003 17 Amendment of s 29 (Chief executive may alter valuation) . . . . . . . . . . . . . . 9 18 Amendment of s 29A (Alteration of valuation for rate adjustment under Local Government Act or City of Brisbane Act). . . . . . . . . . . . . . . . . . . . . . 9 19 Replacement of s 30 (Valuation may be made if land becomes taxable or rateable) ................................................ 10 30 Valuation may be made if land becomes, or ceases to be, subject to rates, rental or land tax. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 20 Amendment of s 34 (Lands to be included in 1 valuation) . . . . . . . . . . . . . . 10 21 Amendment of s 35 (Separate valuation) . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 22 Amendment of s 40 (Particulars of annual valuation to be available for inspection) ................................................ 12 23 Amendment of s 41 (Advertisements). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 24 Amendment of s 41A (Notice to owners about valuations) . . . . . . . . . . . . . 12 25 Amendment of s 42 (Owner may object) . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 26 Amendment of s 44 (Late objection). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 27 Amendment of s 77 (Supply of bulk data or microfiche data) . . . . . . . . . . . 13 PART 6--AMENDMENT OF VALUERS REGISTRATION ACT 1992 28 Act amended in pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 29 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 30 Insertion of new ss 10A and 10B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 10A Investigations about eligibility for appointment . . . . . . . . . . . . . . . . 14 10B Criminal history is confidential document. . . . . . . . . . . . . . . . . . . . . 15
2003 A BILL FOR An Act to amend certain Acts administered by the Minister for Natural Resources and Minister for Mines
s1 4 s4 Land 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 Land Legislation Amendment Act 2003. 4 2 Commencement Clause 5 Sections 22 to 26 commence on a day to be fixed by proclamation. 6 PART 2--AMENDMENT OF ABORIGINAL LAND ACT 7 1991 8 3 Act amended in pt 2 Clause 9 This part amends the Aboriginal Land Act 1991. 10 4 Insertion of new s 137AB Clause 11 After section 137A-- 12 insert-- 13 `137AB Confirmation of status of particular land 14 `(1) To remove any doubt, it is declared that-- 15 (a) the sales permit does not create, and never has created, for the 16 purposes of section 19, an interest in land; and 17 (b) the amending regulation was valid. 18 `(2) In this section-- 19 "amending regulation" means the Aboriginal Land Amendment 20 Regulation (No. 1) 2002. 21
s5 5 s8 Land Legislation Amendment Bill 2003 "sales permit" means Sales Permit No. 004490, dated 18 October 1990, 1 issued under the Forestry Act 1959.'. 2 PART 3--AMENDMENT OF LAND ACT 1994 3 5 Act amended in pt 3 Clause 4 This part amends the Land Act 1994. 5 6 Amendment of sch 6 (Dictionary) Clause 6 Schedule 6-- 7 insert-- 8 ` "agriculture" means the cultivation of land including, for example, the 9 following-- 10 (a) farming; 11 (b) crop-raising; 12 (c) forestry.'. 13 PART 4--AMENDMENT OF MINERAL RESOURCES 14 ACT 1989 15 7 Act amended in pt 4 Clause 16 This part amends the Mineral Resources Act 1989. 17 8 Insertion of new s 418C Clause 18 Part 11-- 19 insert-- 20
s9 6 s 10 Land Legislation Amendment Bill 2003 `418C Cancellation of Shelburne Bay mining leases 1 `(1) On and from the commencement of this section-- 2 (a) the relevant mining leases are cancelled; and 3 (b) without limiting paragraph (a), and despite any entitlement there 4 may otherwise be under this Act for the renewal of the relevant 5 mining leases-- 6 (i) any application made before the commencement for the 7 renewal of the leases must not be further dealt with under 8 this Act; and 9 (ii) the Minister must not recommend to the Governor in 10 Council to grant a renewal of the leases; and 11 (iii) the Governor in Council must not grant a renewal of the 12 leases. 13 `(2) No compensation is payable to any person because of the operation 14 of subsection (1). 15 `(3) Subsection (2) applies despite any other provision of this Act and 16 despite any other Act or law. 17 `(4) In subsection (1)-- 18 "relevant mining leases" means mining leases 5940 and 5941 over land 19 situated in the Mareeba Mining District.'. 20 PART 5--AMENDMENT OF VALUATION OF LAND 21 ACT 1944 22 9 Act amended in pt 5 Clause 23 This part amends the Valuation of Land Act 1944. 24 10 Amendment of s 2 (Definitions) Clause 25 Section 2-- 26 insert-- 27
s 11 7 s 12 Land Legislation Amendment Bill 2003 ` "SunWater" means the entity corporatised under the Government Owned 1 Corporations (State Water Projects Corporatisation) 2 Regulation 2000. 3 "water authority" means a water authority established under the 4 Water Act 2000.'. 5 11 Amendment of s 6 (Meaning of "improvements") Clause 6 Section 6(2) and (3)-- 7 omit, insert-- 8 `(2) In deciding the unimproved value of land, the term does not include 9 invisible improvements, other than timber treatment, made by the State, the 10 Commonwealth, a local government or a GOC unless the expenditure on 11 the invisible improvements has been recouped, other than by the payment 12 of rent, rates or taxes-- 13 (a) from a purchaser from the State, the Commonwealth or a local 14 government; or 15 (b) from a lessee of land from the State, the Commonwealth, a local 16 government or a GOC. 17 `(3) However, the term includes invisible improvements, other than 18 timber treatment, on land if a GOC is the owner of the land for rating and 19 land tax purposes. 20 `(4) In this section, a reference to the State or the Commonwealth 21 includes a reference to a statutory body representing the State or 22 Commonwealth.'. 23 12 Amendment of s 7 (Meaning of "owner") Clause 24 (1) Section 7(2)(e)(ii)-- 25 omit, insert-- 26 `(ii) a GOC; or'. 27 (2) Section 7(2)(e)(vi)-- 28 omit, insert-- 29 `(vi) a water authority; and'. 30
s 13 8 s 15 Land Legislation Amendment Bill 2003 13 Amendment of s 8 (Meaning of "subdivide") Clause 1 (1) Section 8(2)(c)-- 2 omit, insert-- 3 `(c) the registration of a plan of subdivision, for the land, in the land 4 registry kept under the Land Title Act 1994.'. 5 (2) Section 8(3), from `only if'-- 6 omit, insert-- 7 `only if-- 8 (a) the lease's term, or the term together with any period of renewal 9 available under the lease, is longer than 5 years; or 10 (b) the lease is from a GOC, of land leased by the GOC-- 11 (i) from the State; or 12 (ii) from a lessee of the State. 13 `(4) Otherwise, subsection (2)(b) does not include a lease of land from 14 the State.'. 15 14 Amendment of s 14 (Deciding unimproved value of certain land) Clause 16 (1) Section 14(2)-- 17 omit, insert-- 18 `(2) In deciding the unimproved value of land held under a lease from 19 the State that is subject to a restriction, limitation or other onerous covenant 20 or condition, the chief executive must not take into account the restriction, 21 limitation, covenant or condition.'. 22 (2) Section 14(5)(c)-- 23 omit, insert-- 24 `(c) in a lease, licence or permit from Queensland Rail, SunWater or a 25 water authority; or'. 26 15 Amendment of s 20 (Chief executive to fix date of other valuations Clause 27 or alterations of valuations) 28 Section 20, heading, `other'-- 29 omit. 30
s 16 9 s 18 Land Legislation Amendment Bill 2003 16 Amendment of s 28 (Alteration of valuation in force or to come Clause 1 into force) 2 Section 28(5) and (6)-- 3 omit. 4 17 Amendment of s 29 (Chief executive may alter valuation) Clause 5 Section 29(1), `28 or 28A'-- 6 omit, insert-- 7 `28, 28A or 30(3)'. 8 18 Amendment of s 29A (Alteration of valuation for rate adjustment Clause 9 under Local Government Act or City of Brisbane Act) 10 (1) Section 29A, heading-- 11 omit, insert-- 12 `29A Alteration of valuation for rate, rental or land tax adjustment'. 13 (2) Section 29A(1)-- 14 omit, insert-- 15 `(1) The chief executive may alter any valuation in force at any time 16 during the period starting 3 years immediately before, and continuing 17 since, the effective date of the current valuation, to enable an adjustment to 18 be made to rates payable under the Local Government Act 1993 or the City 19 of Brisbane Act 1924, rental payable under the Land Act 1994 or land tax 20 payable under the Land Tax Act 1915. 21 `(1A) An alteration made under subsection (1) is effective from-- 22 (a) if the event that requires the alteration to be made happened 23 during the period mentioned in subsection (1)--the date of the 24 event; and 25 (b) if the event happened before the period began--the beginning of 26 the period.'. 27 (3) Section 29A(2), `rate'-- 28 omit, insert-- 29 `rate, rental or land tax'. 30
s 19 10 s 20 Land Legislation Amendment Bill 2003 (4) Section 29A(3), after `28'-- 1 insert-- 2 `or 30(3)'. 3 19 Replacement of s 30 (Valuation may be made if land becomes Clause 4 taxable or rateable) 5 Section 30-- 6 omit, insert-- 7 `30 Valuation may be made if land becomes, or ceases to be, subject 8 to rates, rental or land tax 9 `(1) The chief executive may make a valuation of any of the following 10 land ("relevant land")-- 11 (a) land that has become subject to the payment of rates under the 12 Local Government Act 1993 or the City of Brisbane Act 1924 but 13 that is not currently the subject of a valuation for that purpose; 14 (b) land that has become subject to rental under the Land Act 1994 15 but that is not currently the subject of a valuation for that 16 purpose; 17 (c) land that has become subject to land tax under the Land Tax 18 Act 1915 but that is not currently the subject of a valuation for 19 that purpose. 20 `(2) A valuation of land made under subsection (1) is effective from-- 21 (a) if the land became relevant land during the period starting 3 years 22 immediately before, and continuing since, the effective date of 23 the current valuation of land in the area in which the relevant 24 land is situated--the date the land became relevant land; and 25 (b) if the land became relevant land before the period mentioned in 26 paragraph (a) began--the beginning of the period. 27 `(3) The chief executive may, under section 29 or 29A, alter a valuation 28 of land if part of the land ceases to be land for which a valuation is 29 required.'. 30 20 Amendment of s 34 (Lands to be included in 1 valuation) Clause 31 Section 34-- 32
s 21 11 s 21 Land Legislation Amendment Bill 2003 insert-- 1 `(2A) Subsection (2) applies to a lease from a GOC, of land leased by the 2 GOC-- 3 (a) from the State; or 4 (b) from a lessee of the State. 5 `(2B) Otherwise, subsection (2) does not apply to a lease of land from 6 the State.'. 7 21 Amendment of s 35 (Separate valuation) Clause 8 (1) Section 35(1)(c)(ii), after `division'-- 9 insert-- 10 `or category'. 11 (2) Section 35(1)(c), `areas or divisions,'-- 12 omit, insert-- 13 `areas, divisions or categories,'. 14 (3) Section 35-- 15 insert-- 16 `(1A) Subsection (1)(a) applies to a lease from a GOC, of land leased by 17 the GOC-- 18 (a) from the State; or 19 (b) from a lessee of the State. 20 `(1B) Otherwise, subsection (1)(a) does not apply to a lease of land from 21 the State.'. 22 (4) Section 35(2), `However, the'-- 23 omit, insert-- 24 `The'. 25 (5) Section 35-- 26 insert-- 27 `(5) In subsection (1)-- 28
s 22 12 s 24 Land Legislation Amendment Bill 2003 "category", in relation to land in an area, means a category of rateable land 1 decided by the local government for the area for levying a differential 2 general rate.'. 3 22 Amendment of s 40 (Particulars of annual valuation to be Clause 4 available for inspection) 5 Section 40(5), after `rental'-- 6 insert-- 7 `or land tax'. 8 23 Amendment of s 41 (Advertisements) Clause 9 Section 41(3), after `rental'-- 10 insert-- 11 `or land tax'. 12 24 Amendment of s 41A (Notice to owners about valuations) Clause 13 (1) Section 41A(1), `land for rental purposes,'-- 14 omit, insert-- 15 `land for rental or land tax purposes,'. 16 (2) Section 41A(1)(a) and (b), from `notice' to `about'-- 17 omit, insert-- 18 `notice about'. 19 (3) Section 41A(1)(b), after `rental'-- 20 insert-- 21 `or land tax'. 22 (4) Section 41A(2), words before paragraph (a)-- 23 omit, insert-- 24 `(2) The notice must--'. 25
s 25 13 s 27 Land Legislation Amendment Bill 2003 25 Amendment of s 42 (Owner may object) Clause 1 Section 42(2) to (4)-- 2 omit, insert-- 3 `(2) An owner of land may object to the valuation, by the chief executive, 4 of the land for rental or land tax purposes if-- 5 (a) the owner has not previously objected under subsection (1); and 6 (b) the valuation differs from the valuation mentioned in 7 subsection (1). 8 `(3) An objection under subsection (2) must be made within 42 days 9 after the owner receives the notice of valuation. 10 `(4) Subsection (5) applies if the chief executive has made a valuation of 11 the same amount for-- 12 (a) an annual valuation; and 13 (b) a valuation for either rental or land tax purposes. 14 `(5) An objection to a valuation mentioned in subsection (4)(a) or (b) is 15 taken to be an objection to both valuations.'. 16 26 Amendment of s 44 (Late objection) Clause 17 Section 44(1)(b)(i) and (ii), after `rental'-- 18 insert-- 19 `or land tax'. 20 27 Amendment of s 77 (Supply of bulk data or microfiche data) Clause 21 Section 77-- 22 insert-- 23 `(3A) A contract for the supply of information must include-- 24 (a) a provision allowing the chief executive to exclude, from 25 information supplied under the contract, particulars of valuation 26 roll information or section 81 information for a parcel of land if 27 the chief executive is satisfied, on reasonable grounds, that 28 inclusion of the particulars may result in the particulars being 29 inappropriately disclosed or used; and 30
s 28 14 s 30 Land Legislation Amendment Bill 2003 (b) a provision allowing the chief executive to prohibit disclosure, or 1 limit distribution or use, of particulars mentioned in 2 paragraph (a) that have already been supplied by the chief 3 executive.'. 4 PART 6--AMENDMENT OF VALUERS REGISTRATION 5 ACT 1992 6 28 Act amended in pt 6 Clause 7 This part amends the Valuers Registration Act 1992. 8 29 Amendment of s 3 (Definitions) Clause 9 Section 3-- 10 insert-- 11 ` "criminal history", of a person, has the meaning given by the Criminal 12 Law (Rehabilitation of Offenders) Act 1986, section 3, but does not 13 include convictions for which the rehabilitation period has expired, 14 and has not been revived, under that Act.'. 15 30 Insertion of new ss 10A and 10B Clause 16 After section 10-- 17 insert-- 18 `10A Investigations about eligibility for appointment 19 `(1) The chief executive may make investigations about a person, whose 20 name has been submitted for appointment as a member or assistant 21 member, to decide whether the person is eligible for appointment. 22 `(2) Without limiting subsection (1), the chief executive may ask the 23 commissioner of the police service for a written report about the criminal 24 history of the person. 25 `(3) The commissioner must give the report to the chief executive. 26
s 30 15 s 30 Land Legislation Amendment Bill 2003 `(4) However, the report is required to contain only criminal history in 1 the commissioner's possession or to which the commissioner has access. 2 `10B Criminal history is confidential document 3 `(1) An officer, employee or agent of the department must not, directly or 4 indirectly, disclose to anyone else a report, or information contained in a 5 report, given under section 10A. 6 Maximum penalty for subsection (1)--100 penalty units. 7 `(2) However, the officer, employee or agent does not contravene 8 subsection (1) if-- 9 (a) disclosure of the report or information to someone else is 10 authorised by the chief executive to the extent necessary to 11 perform a function under or in relation to this Act; or 12 (b) the disclosure is otherwise required or permitted by law. 13 `(3) The chief executive must destroy the report as soon as practicable 14 after considering the person's eligibility for appointment.'. 15 � State of Queensland 2003
AMENDMENTS TO BILL
1 Land Legislation Amendment Bill 2003 LAND LEGISLATION AMENDMENT BILL 2003 AMENDMENTS AGREED TO IN COMMITTEE 1 Clause 13-- At page 8, lines 11 to 13-- omit, insert-- `(b) the lease is from a GOC, of land leased by the GOC-- (i) from the State; or (ii) from a lessee of the State; or (c) the lease is from a department of the State or an entity representing the State, of land leased by the department or entity from the State.'. 2 Clause 20-- At page 11, lines 2 to 5-- omit, insert-- ` `(2A) Subsection (2) applies to-- (a) a lease from a GOC, of land leased by the GOC-- (i) from the State; or (ii) from a lessee of the State; and (b) a lease from a department of the State or an entity representing the State, of land leased by the department or entity from the State.'. 3 Clause 21-- At page 11, lines 17 to 20-- omit, insert-- ` `(1A) Subsection (1)(a) applies to--
2 Land Legislation Amendment Bill 2003 (a) a lease from a GOC, of land leased by the GOC-- (i) from the State; or (ii) from a lessee of the State; and (b) a lease from a department of the State or an entity representing the State, of land leased by the department or entity from the State.'.
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