Primary Legislation (Acts of Parliament)...3. Bills Assented to...3. Acts/Legislation Commenced by Proclamation...3

Transcription

1 Issue 22/ June 2013 Period covered by this update: May 2013 Primary Legislation (Acts of Parliament)...3 Bills Assented to...3 Acts/Legislation Commenced by Proclamation Queensland Mental Health Commission Act Subordinate Legislation (Regulations, Rules, etc.)...3 A. Subordinate legislation notified in the Queensland Government Gazette of 31 May SL No. 72 of 2013: Proclamation commencing remaining provisions of the Queensland Mental Health Commission Act SL No. 73 of 2013: Industrial Relations (Tribunals) Amendment Rule (No. 1) SL No. 74 of 2013: Transport Operations (Road Use Management Driver Licensing) Amendment Regulation (No. 1) SL No. 75 of 2013: Transport Legislation (Fees) Amendment Regulation (No. 1) SL No. 80 of 2013: Plant Protection Amendment Regulation (No. 3) SL No. 81 of 2013: Rural and Regional Adjustment Amendment Regulation (No. 3) SL No. 82 of 2013: Nature Conservation (Protected Areas) Amendment Regulation (No. 2) SL No. 83 of 2013: Environmental Protection Amendment Regulation (No. 1) SL No. 84 of 2013: Natural Resources and Mines Legislation Amendment Regulation (No. 2) SL No. 85 of 2013: Energy Legislation Amendment Regulation (No. 1) SL No. 86 of 2013: Local Government Amendment Regulation (No. 1) SL No. 87 of 2013: Plumbing and Drainage and Other Legislation Amendment Regulation (No. 1) Local Laws...10 A. Queensland Government Gazette of 31 May Ipswich City Council Disclaimer: While every care has been taken with the preparation of this Legislation Update, the Queensland Law Society and its officers and agents involved in its compilation and publication do not accept any responsibility or liability for any errors howsoever caused, whether by negligence or otherwise, in the information contained in it. Members are urged to check the primary sources referred to in the document, when appropriate, to confirm relevant details. N.B. Members are referred to the separate document, headed Legislation Updates: Notes and Background Information and appearing in this area of the Society s website, for general information in relation to the material contained in Legislation Updates.

2 25 31 May 2013 page 2 Approved Forms/Guidelines A. Queensland Government Gazette of 31 May Land Title Act Building and Construction Industry (Portable Long Service Leave) Act Duties Act First Home Owner Grant Act Payroll Tax Act Workers Compensation and Rehabilitation Act Other Statutory Instruments/Statutory Notices A. Queensland Government Gazette of 31 May Place Names Act Sustainable Planning Act Public Service Act Electricity Act Environmental Protection Act Transport Operations (Marine Safety) Act 1994/ Transport Operations (Marine Safety) Regulation Transport Operations (Marine Safety) Act Miscellaneous Parliamentary Sittings... 13

3 25 31 May 2013 page 3 Primary Legislation (Acts of Parliament) Parliament did not sit during the period covered by this Update. Bills Assented to Three of the Bills which were passed by the Legislative Assembly during the Parliamentary sitting week May 2013, as listed in Legislation Update No. 21 of 2013 (issued on 29 May 2013), had not yet been assented to as at 5pm on Friday, 31 May 2013, according to the Parliamentary website. However, this may occur in the ensuing week. In the interim, interested members should check with the Parliamentary website. These three Bills are: Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Bill 2013; Transport and Other Legislation (Heavy Vehicle National Law) Amendment Bill 2013; and, TAFE Queensland Bill Acts/Legislation Commenced by Proclamation 1. Queensland Mental Health Commission Act 2013 SL No. 72 of 2013 see below under the heading, Subordinate Legislation (Regulations, Rules, etc.). Subordinate Legislation (Regulations, Rules, etc.) A. Subordinate legislation notified in the Queensland Government Gazette of 31 May 2013 [In a footnote on page 161 of this edition of the Gazette, the following note appears: The following subordinate legislation was not notified in the Queensland Government Gazette, but was published on the NSW legislation website on 31 May 2013: Heavy Vehicle (Vehicle Standards) National Regulation (2013 SL No. 76) Heavy Vehicle (Mass, Dimension and Loading) National Regulation (2013 SL No. 77) Heavy Vehicle (Fatigue Management) National Regulation (2013 SL No. 78) Heavy Vehicle (General) National Regulation (2013 SL No. 79). (SL Nos of 2013, accordingly, are missing from the list of subordinate legislation below.)]

4 25 31 May 2013 page 4 1. SL No. 72 of 2013: Proclamation commencing remaining provisions of the Queensland Mental Health Commission Act 2013 By a Proclamation dated 30 May 2013, Her Excellency the Governor fixed 1 July 2013 for the commencement of the provisions of the Queensland Mental Health Commission Act 2013 (Act No. 7 of 2013) that are not then in force. 2. SL No. 73 of 2013: Industrial Relations (Tribunals) Amendment Rule (No. 1) 2013 Firstly, this Rule amends the Industrial Relations (Tribunals) Rules 2011 by replacing Schedule 1 (Fees in the court, commission or registry), with the fees and charges listed in the Schedule being increased by 3.5% in line with Government indexation rate for fees and charges. Further, this Rule also makes some minor drafting amendments to the following provisions of the Industrial Relations (Tribunals) Rules 2011, as recommended by the Office of Queensland Parliamentary Counsel: r8 (Starting proceedings); r28 (Service of documents); r76 (Application to recover unpaid wages and superannuation contribution etc.); and, r111 (Application for order Electrical Safety Act 2002, s 54). Pursuant to s2 (Commencement), the increases in the fees and charges imposed by this Rule, together with the minor drafting amendments, commence on 1 July SL No. 74 of 2013: Transport Operations (Road Use Management Driver Licensing) Amendment Regulation (No. 1) 2013 As discussed in its Explanatory Notes, this Regulation reduces the regulatory burden associated with certain driver licensing matters by: allowing a person who has held a P1 type driver licence for longer than the required minimum period to claim credit towards the period they must hold a P2 type licence; and, exempting all licence holders from Bosnia and Herzegovina and licence holders aged 25 years or over from the countries listed below from having to undertake a road rules test or a practical driving test to obtain a Queensland car or motorbike licence, as a result of recent assessments undertaken by the Association of Australian and New Zealand Road Transport and Traffic Authorities: Bulgaria; Cyprus; Hungary; Latvia; Lithuania; Poland; Republic of South Africa; Romania; Slovakia; and, Slovenia.

5 25 31 May 2013 page 5 In particular, this Regulation amends the Transport Operations (Road Use Management Driver Licensing) Regulation 2010 by: amending s16 (Open licence class C); inserting a new provision, namely, s16a (Recording P2 time credit); and, amending Schedule 4 (Prescribed countries and recognised countries). 4. SL No. 75 of 2013: Transport Legislation (Fees) Amendment Regulation (No. 1) 2013 This Regulation adjusts general fees and charges payable under the Regulations listed below which, with one exception, are to be increased for the financial year, by the current Government indexation policy rate of 3.5%: Adult Proof of Age Card Regulation 2010; Gold Coast Waterways Authority Regulation 2012; Tow Truck Regulation 2009; Traffic Regulation 1962; Transport Infrastructure (Dangerous Goods by Rail) Regulation 2008; Transport Infrastructure (Waterways Management) Regulation 2012; Transport Infrastructure (Public Marine Facilities) Regulation 2011; Transport Operations (Marine Pollution) Regulation 2008; Transport Operations (Marine Safety) Regulation 2004; Transport Operations (Passenger Transport) Regulation 2005; Transport Operations (Road Use Management-Accreditation and Other Provisions) Regulation 2005; Transport Operations (Road Use Management-Dangerous Goods) Regulation 2008; Transport Operations (Road Use Management-Driver Licensing) Regulation 2010; Transport Operations (Road Use Management-Fatigue Management) Regulation 2008; Transport Operations (Road Use Management-Mass, Dimensions and Loading) Regulation 2005; Transport Operations (Road Use Management-Vehicle Registration) Regulation 2010; Transport Operations (Road Use Management-Vehicle Standards and Safety) Regulation 2010; and, Transport (Rail Safety) Regulation The one exception is that this regulation also implements a 2.5% increase, for the financial year, in registration fees for motor vehicles with a gross vehicle mass of more than 4.5 tonnes, which increase has been recommended by the National Transport Commission in accordance with a long-standing national process. Pursuant to s2 (Commencement), this Regulation commences on 1 July 2013.

6 25 31 May 2013 page 6 5. SL No. 80 of 2013: Plant Protection Amendment Regulation (No. 3) 2013 The purpose of this Regulation is to amend the Plant Protection Regulation 2002 in relation to the control of the following three plant pests: Strawberry plant pest; Grape phylloxera; and, Banana plant pests. This Regulation also clarifies the use of registered agricultural chemical products and provides for consistent terminology of prescribed treatment methods by, for example, inserting a new part in Chapter 2, namely, Part 5 [Relationship with Chemical Usage (Agricultural and Veterinary) Control Act 1988] which consists of s13 (Use of agricultural chemical products), and inserting a new provision, namely, s 28A (Approved treatment method). 6. SL No. 81 of 2013: Rural and Regional Adjustment Amendment Regulation (No. 3) 2013 This Regulation establishes the Bovine Johne s Disease (BJD) Assistance Scheme as a new scheme to provide financial assistance to the livestock industry. With a view to helping accelerate the restoration of Queensland s BJD free status, the Scheme will: provide assistance to cattle owners negatively impacted by BJD movement restrictions; and, encourage the undertaking of activities which may accelerate the lifting of BJD movement restrictions on their property. This strategy is effected by inserting a new schedule in the Rural and Regional Adjustment Regulation 2011, namely, Schedule 25 (Bovine Johne s Disease Assistance Scheme). 7. SL No. 82 of 2013: Nature Conservation (Protected Areas) Amendment Regulation (No. 2) 2013 This Regulation amends Schedule 5 (Nature refuges) of the Nature Conservation (Protected Areas) Regulation 1994, firstly, by omitting the entries for the following nature refuges: Blue Fig Creek Nature Refuge; Bowman Park Koala Nature Refuge; Gilberton Nature Refuge; Mount Stradbroke Nature Refuge; Rhondan Valley Nature Refuge; Southernwood Nature Refuge; The Crossing Nature Refuge; Tir Na Crann Nature Refuge; and, Van der Loos Nature Refuge.

7 25 31 May 2013 page 7 It then inserts entries for the following nature refuges, including a real property description for each of them: Angel Place Nature Refuge; Australian Prawn Farms Nature Refuge; Batavia Nature Refuge; Blue Fig Creek Nature Refuge; Bowman Park Koala Nature Refuge; Cainbable Nature Refuge; Five Acre Rock Nature Refuge; Gilberton Nature Refuge; Granite Creek Nature Refuge; Harper Creek Guala Nature Refuge; Hoop Pine Valley Nature Refuge; Jamduh Nature Refuge; Koala Walk Nature Refuge; Koolewong Nature Refuge; Lyola Nature Refuge; Mount Molangul Nature Refuge; Mount Quincan Nature Refuge; Mount Stradbroke Nature Refuge; Rhondan Valley Nature Refuge; Rivendell Nature Refuge; Tir Na Crann Nature; and, Van der Loos Nature Refuge. Also, each of the entries in Schedule 5 for the following nature refuges is amended by omitting the first mention of the word, plan : Butterfly Bog Nature Refuge; Cycadelic Nature Refuge; Gumnut Nature Refuge; Gumnut Park Nature Refuge; Hells Gate Nature Refuge; Jilumbar Nature Refuge; Johnstone River Nature Refuge; Witta Nature Refuge; Yanigubam Nature Refuge; and, Yarraden Nature Refuge. Finally, Schedule 5 is further amended by inserting the word, plan, in the entry for Scotney Nature Refuge, immediately after the words, shown on.

8 25 31 May 2013 page 8 8. SL No. 83 of 2013: Environmental Protection Amendment Regulation (No. 1) 2013 The primary policy objective of this Regulation, as described in its Explanatory Notes, is to amend the Environmental Protection Regulation 2008 to make statutory instruments that support environmental reforms introduced by the Environmental Protection (Greentape Reduction) and Other Legislation Amendment Act This Regulation also contains some minor amendments that are essentially of an administrative nature and which correct errors that have arisen through historical amendments. The above objective is achieved through prescribing the following statutory instruments: Guideline, Financial Assurance under the Environmental Protection Act 1994 provides the ability for the administering authority to require a financial assurance; Eligibility criteria and standard conditions for geothermal exploration activities; Eligibility criteria and standard conditions for petroleum exploration activities; Eligibility criteria and standard conditions for petroleum pipeline activities; and, Eligibility criteria and standard conditions for petroleum survey activities. (See below under the heading, Other Statutory Instruments/Statutory Notices, for further information about these prescribed documents.) In particular, this Regulation amends the Environmental Protection Regulation 2008 by: inserting a new division in Part 1 of Chapter 3, namely, Division 2A (Amount and form of financial assurance for environmental authorities); replacing the heading to Part 3 of Chapter 3 so that it reads: Eligibility criteria for environmentally relevant activities ; inserting a new provision, namely, s24b (Approval of eligibility criteria Act, s 318); amending Schedule 2 (Prescribed ERAs and aggregate environmental scores) inserting a new schedule, namely, Schedule 3B (Approved eligibility criteria for environmentally relevant activities); amending Schedule 10 (Fees); and, amending Schedule 12 (Dictionary). 9. SL No. 84 of 2013: Natural Resources and Mines Legislation Amendment Regulation (No. 2) 2013 The objective of this Regulation is to index regulatory fees for the Department of Natural Resources and Mines imposed by the following regulations by a figure of 3.5%: Acquisition of Land Regulation 2003; Building Units and Group Titles Regulation 2008; Coal Mining Safety and Health Regulation 2001; Explosives Regulation 2003; Foreign Ownership of Land Register Regulation 2003; Fossicking Regulation 2009; Geothermal Energy Regulation 2012; Greenhouse Gas Storage Regulation 2010;

9 25 31 May 2013 page 9 Land Regulation 2009; Land Protection (Pest and Stock Route Management) Regulation 2003; Land Title Regulation 2005; Mineral Resources Regulation 2003; Mining and Quarrying Safety and Health Regulation 2001; Petroleum and Gas (Production and Safety) Regulation 2004; Petroleum Regulation 2004; Strategic Cropping Land Regulation 2011; Surveyors Regulation 2004; Valuation of Land Regulation 2003; Valuers Registration Regulation 2003; Vegetation Management Regulation 2012; and, Water Regulation Minor drafting amendments identified by the Office of the Queensland Parliamentary Counsel are also made by this Regulation to achieve consistency and currency of the department s legislation in line with government objectives. Pursuant to sub-section (1) of s2 (Commencement), the following provisions of this Regulation commence on 1 September 2013: s16, which replaces Schedule 2 (Annual rent) of the Geothermal Energy Regulation 2012; s 20, which replaces Schedule 1 (Annual rent) of the Greenhouse Gas Storage Regulation 2010; s 36(1), to the extent it inserts ss4(a) and (b) and 6(a) and (b) of Part 4 this section amends certain specified provisions in Schedule 9 (Fees) of the Petroleum and Gas (Production and Safety) Regulation 2004; s 37, which replaces Schedule 10 (Annual rent) of the Petroleum and Gas (Production and Safety) Regulation 2004; and, s 39, which amends s40 (Annual rent [P&G, s 145]) of the Petroleum Regulation Pursuant to sub-section (2) of s2, the remaining provisions of this Regulation commence on 1 July SL No. 85 of 2013: Energy Legislation Amendment Regulation (No. 1) 2013 This Regulation increases the relevant fees and charges imposed under the Electricity Regulation 2006 and the Gas Supply Regulation 2007 by 3.5%. In particular, it replaces the following schedules of Electricity Regulation 2006: Schedule 7 (Fees payable to regulator); and, Schedule 8 (Maximum fees payable to electricity entity). It also amends the Gas Supply Regulation 2007 by: amending s51 (Annual distribution fee Act, s 40); amending s52 (Annual retail fee Act, s 166); and, replacing Schedule 1 (Fees other than annual fees). Pursuant to s2 (Commencement), this Regulation commences on 1 July 2013.

10 25 31 May 2013 page SL No. 86 of 2013: Local Government Amendment Regulation (No. 1) 2013 This Regulation implements the recommendation made by the Local Government Change Commission to realign the common boundary between Ipswich City Council and Somerset Regional Council by incorporating Lot 2 on Registered Plan , County of Churchill, Parish of Walloon within Ipswich City Council. It also incorporates an amendment to Schedule 1 of the Local Government Regulation 2012 to reflect the updated local government area maps Ipswich City Council (LGB 35 edition 3) and Somerset Regional Council (LGB 60 edition 2). As this Regulation proposes the first boundary change to be made under the new Local Government Regulation 2012, it also includes new provisions to facilitate the implementation of the proposed boundary change refer new ss13a, 13B and new Parts 1 and 2 of Schedule 3, which replicate the corresponding repealed Local Government (Operations) Regulation 2010 implementation provisions, namely, ss14a, 14B and Schedule 3. Because of the insertion of the new schedule 3, existing schedules 3 to 7 have been renumbered and several internal cross-references updated accordingly. Finally, s7 of this Regulation replaces several references to the expression, rates notice in s132 of the Local Government Regulation 2012 with rate notice to ensure consistency with the defined term in the Regulation, that is, rate notice. 12. SL No. 87 of 2013: Plumbing and Drainage and Other Legislation Amendment Regulation (No. 1) 2013 This Regulation, firstly, amends the Plumbing and Drainage Regulation 2003 ( the PD Regulation ) in order to: provide for a new restricted licence to be known as a Water plumber water and sanitary licence that graduates of the mechanical services apprenticeship may apply for; expand the scope of work that the holder of a Drainer on-site sewerage facility licence may be permitted to perform, so it includes installing particular types of on-site sewerage treatment plants and establishing on-site sewerage application areas for those plants; and, to provide for new definitions and transitional provisions required for these amendments of the PD Regulation. It also amends the Queensland Building Services Authority Regulation 2003 to provide for the new contractor s licence that holders of a Drainer on-site sewerage facility licence will be eligible to apply for by making the necessary amendments to Schedule 2 (Classes of licences and licence requirements) and Schedule 3 (Dictionary). Finally, it makes a consequential amendment to s53 (Qualifications and experience) of the Standard Plumbing and Drainage Regulation 2003 to refer to the expanded Drainer on-site sewerage facility licence. Local Laws A. Queensland Government Gazette of 31 May 2013 Gazettal of the making of local laws by the following Council: 1. Ipswich City Council

11 25 31 May 2013 page 11 Approved Forms/Guidelines A. Queensland Government Gazette of 31 May 2013 Notification of the approval of, or the withdrawal of approval for, forms for use under the following Acts: 1. Land Title Act Building and Construction Industry (Portable Long Service Leave) Act Duties Act First Home Owner Grant Act Payroll Tax Act Workers Compensation and Rehabilitation Act 2003 Other Statutory Instruments/Statutory Notices A. Queensland Government Gazette of 31 May Place Names Act 1994 Gazettal of the Place Name Decision Notice (No 11) 2013, pursuant to which, under s11, notice is given that the Minister for Natural Resources and Mines has decided to discontinue the name of the place of Sunnyside (which is to be included in the locality of Condamine) and to alter the boundaries of the locality of Condamine. Gazettal of the Place Name Decision (Amendment) Notice (No 02) 2013, pursuant to which, under s11, notice is given that the boundaries of two localities in each of the following local government areas have been amended: Charters Towers Regional Council; Hinchinbrook Shire Council; and, Tablelands Regional Council. Gazettal of the Place Name Proposal Notice (No 07) 2013, pursuant to which, under s9, notice is given that the Minister for Natural Resources and Mines intends to proceed with a proposal to name the following places as new features, all of which are located in the local government area of the Brisbane City Council: Jindalee Creek; Ric Nattrass Creek; Scott Creek; and, Spinks Creek.

12 25 31 May 2013 page Sustainable Planning Act 2009 Gazettal of the notice given on 30 April 2013 that the Gold Coast City Council adopted amendments to Planning Scheme Policy 11 Land Development Guidelines to take effect on and from 3 June Public Service Act 2008 Gazettal, under ss53(baa), 53(c) and 136, of the Commission Chief Executive Directive No. 05/13 entitled: Voluntary Medical Retirement. 4. Electricity Act 1994 Gazettal of the statement, headed Retail Electricity Prices For Customers on Standard Retail Contracts and Standard Large Customer Retail Contracts, made by the Chairman of the Queensland Competition Authority pursuant to the Certificate of Delegation from the Minister for Energy and Water Supply dated 12 February 2013 and ss90(2) and 90AB, that the Queensland Competition Authority decided that, on and from 1 July 2013, the notified prices that a retail entity must charge its customers on a Standard Retail Contract or Standard Large Customer Retail Contract (also referred to as a Standard Retail Contract), subject to the provisions of ss55, 90, 91 and 91A, are the applicable prices set out in the Tariff Schedule attached to the Gazette notice or, as the case may be, the prices obtained by applying the applicable methodology or process set out in the attached Tariff Schedule. 5. Environmental Protection Act 1994 Notification by the Chief Executive of the Department of Environment and Heritage Protection that he has made the following guideline in accordance with the provisions of s548, namely, Financial Assurance under the Environmental Protection Act Notification by the Chief Executive of the Department of Environment and Heritage Protection that he has made the following Eligibility Criteria and Standard Conditions for Environmentally Relevant Activities in accordance with the provisions of ss318 and 318D: Eligibility criteria and standard conditions geothermal exploration activities; Eligibility criteria and standard conditions petroleum exploration activities; Eligibility criteria and standard conditions petroleum pipeline activities; and, Eligibility criteria and standard conditions petroleum survey activities. (See SL No. 83 of 2013 above under the heading, Subordinate Legislation (Regulations, Rules etc), for further information about these prescribed documents.) 6. Transport Operations (Marine Safety) Act 1994/ Transport Operations (Marine Safety) Regulation 2004 Gazettal of the notification of the exemption given by the General Manager, Maritime Safety Queensland, pursuant to s18a of the Transport Operations (Marine Safety) Act 1994, to all persons operating ships in the events consisting of jet ski training and racing to be conducted by the Queensland Personal Watercraft Club Inc between the hours of 8:00am and 5:00pm on 1 and 2 June 2013 and 8:00 am to 5:00pm on 6 and 7 July 2013 over the waters of Lake Atkinson (Atkinson s Dam), from s206a of the Transport Operations (Marine Safety) Act 1994 and ss127a and 127B of the Transport Operations (Marine Safety) Regulation 2004.

13 25 31 May 2013 page Transport Operations (Marine Safety) Act 1994 Gazettal of the statement made by the General Manager, Maritime Safety Queensland, pursuant to ss221(2) and (4) of the Transport Operations (Marine Safety) Regulation 2004, that the operating of a ship or type of ship that is a modified personal watercraft connected to the device such as a Flyboard or Jetlev Flyer or that a person conducting an activity involving the operation of the device such as a Flyboard or Jetlev Flyer, endangers marine safety, unless: the ship and/or the device is operated in smooth waters, partially smooth waters (provided conditions are the same as those for smooth waters), or as authorised under a personal watercraft s condition of registration; and, the ship and/or the device is operated in accordance to the conditions set out in Schedule B to the Gazette notice. Miscellaneous 1. Parliamentary Sittings As indicated on the Parliamentary website, the Queensland Parliament is scheduled to sit from Tuesday, 4 June, through to Friday, 7 June This is the Budget Week of Parliamentary sittings, with the State Budget delivered on 4 June Details of legislation dealt with during this sitting week of Parliament will be included in the next Legislation Update. (The complete proposed sitting dates for the remainder of 2013 are available on that website.)