Queensland Numbered Acts

LAND, WATER AND OTHER LEGISLATION AMENDMENT ACT 2013 NO. 23

TABLE OF PROVISIONS

           Contents
           Part 1--Preliminary
   1.      Short title
   2.      Commencement
           Part 2--Amendment of Aboriginal Land Act 1991
   3.      Act amended
   4.      Amendment of s 11 (DOGIT land)
   5.      Amendment of s 12 (Aboriginal reserve land)
   6.      Amendment of s 45 (Existing interests)
   7.      Replacement of s 47 (Cancellation of deed of grant in trust)
   8.      Amendment of s 48 (Cancellation of leases over Aurukun and Mornington Shire lease lands)
   9.      Amendment of s 177 (Claimable land recommended for grant taken to be transferable land)
   10.     Amendment of s 250 (Minister may appoint member)
   11.     Insertion of new s 250A
           12. Replacement of pt 20, div 2, sdiv 2, hdg (Removal or suspension of members)
   13.     Amendment of s 251 (Grounds for removal or suspension of member)
   14.     Amendment of s 252 (Show cause notice)
   15.     Amendment of s 255 (Removing or suspending member)
   16.     Insertion of new s 255A
           17. Replacement of s 256 (Immediate removal or suspension of member)
   18.     Replacement of pt 20, div 2, sdiv 3 (Other matters)
   19.     Insertion of new s 265A
           20. Insertion of new pt 25, div 4
   21.     Amendment of sch 1 (Dictionary)
           Part 3--Amendment of Acquisition of Land Act 1967
   22.     Act amended
   23.     Amendment of s 2 (Definitions)
           24. Insertion of new ss 3 and 4
           25. Amendment of s 9 (Ways in which land is to be taken)
   26.     Amendment of s 11 (Amending of gazette resumption notice)
   27.     Amendment of s 12 (Effect of gazette resumption notice)
   28.     Replacement of s 15 (Taking by agreement)
   29.     Amendment of s 17 (Revocation before determination of compensation)
   30.     Replacement of s 36B (Minister may delegate certain authorities and functions)
   31.     Insertion of new pt 6, div 4
   32.     Numbering of schedule (Purposes for taking land)
   33.     Insertion of new sch 2
           Part 4--Amendment of Cape York Peninsula Heritage Act 2007
   34.     Act amended
   35.     Amendment of s 7 (Meaning of Cape York Peninsula Region)
           Part 5--Amendment of City of Brisbane Act 2010
   36.     Act amended
   37.     Amendment of s 40 (Development processes)
           Part 6--Amendment of Foreign Ownership of Land Register Act 1988
   38.     Act amended
   39.     Insertion of new s 2
           40. Amendment of s 4 (Interpretation)
           41. Insertion of new sch 1
           Part 7--Amendment of Land Act 1994
   42.     Act amended
   43.     Amendment of s 8 (Definitions for pt 4)
   44.     Amendment of s 13B (Power to declare and deal with former watercourse land)
   45.     Amendment of s 23A (Floating reservation on plan of subdivision)
   46.     Amendment of s 24 (Disposal of reservations no longer needed)
   47.     Replacement of ss 31C to 31E
           48. Amendment of s 31F (Notice of registration of action in relation to reserve)
   49.     Amendment of s 34 (Applying to revoke dedication of reserve)
   50.     Amendment of s 34E (Notice of revocation)
   51.     Amendment of s 34I (Applying for deed of grant)
   52.     Amendment of s 34N (Notice of registration of deed of grant)
   53.     Amendment of s 38A (Applying for additional community purpose, amalgamation or cancellation)
   54.     Amendment of s 38D (Notice of registration of action)
   55.     Amendment of s 55A (Applying to surrender)
   56.     Amendment of s 55E (Notice of surrender)
   57.     Amendment of s 57 (Trustee leases)
   58.     Amendment of s 57A (Amending a trustee lease)
   59.     Amendment of s 58 (Other transactions relating to trustee leases)
   60.     Amendment of s 63 (Rent to be charged)
   61.     Amendment of s 97A (Definitions for div 2)
   62.     Amendment of s 99 (Application to close road)
   63.     Amendment of s 115 (Conditions of sale)
   64.     Amendment of s 136 (Conditions of offer and lease)
   65.     Amendment of s 155 (Length of term leases)
   66.     Amendment of s 155AA (Application of division 1B)
   67.     Amendment of s 158 (Application for new lease)
   68.     Amendment of s 159 (General provisions for deciding application)
   69.     Amendment of s 160A (Land management agreement condition for particular offers)
   70.     Amendment of s 162A (Conditions imposed on particular new leases)
   71.     Amendment of s 164 (Short term extension)
   72.     Amendment of s 166 (Application to convert lease)
   73.     Amendment of s 167 (Provisions for deciding application)
   74.     Amendment of s 168A (Land management agreement for new perpetual lease)
   75.     Amendment of s 173A (Short-term extension)
   76.     Amendment of s 176A (General provisions for deciding application)
   77.     Amendment of s 176L (General provisions for deciding application)
   78.     Insertion of new s 176UA
           79. Amendment of s 177A (Applying for permit)
   80.     Amendment of s 177D (Notice of permit)
   81.     Amendment of s 180 (When permit may be cancelled or surrendered)
   82.     Amendment of s 180A (Applying to cancel or surrender permit)
   83.     Amendment of s 180E (Notice about cancellation or surrender)
   84.     Insertion of new s 183B
           85. Amendment of s 188A (Limited rent discount for particular leases)
   86.     Omission of ch 5, pt 1A (Future conservation areas)
   87.     Amendment of s 201A (Land management agreement condition)
   88.     Amendment of s 234 (When lease may be forfeited)
   89.     Amendment of s 240I (Sale of lease)
   90.     Insertion of new s 284A
           91. Amendment of s 290JA (Dedication of public use land in plan)
   92.     Amendment of s 290JB (Access for public use land)
   93.     Amendment of s 322A (Severing joint tenancy by transfer)
   94.     Amendment of s 327B (Applying to surrender)
   95.     Replacement of s 327C (Notice of proposal to approve surrender of lease)
   96.     Amendment of s 327F (Notice of surrender)
   97.     Amendment of s 332 (Subleases require Minister's approval)
   98.     Replacement of s 360D (Notice of proposal to amend lease)
   99.     Amendment of s 360F (Notice of registration of amendment of lease)
   100.    Amendment of s 369 (Public utility easements)
   101.    Amendment of s 420C (Requirements for making an application)
   102.    Insertion of new ss 420CA and 420CB
           103. Insertion of new s 420FA
           104. Amendment of s 481B (Application to cancel or surrender)
   105.    Amendment of s 481G (Notice of cancellation or absolute surrender)
   106.    Insertion of new ch 9, pt 1K
   107.    Amendment of sch 2 (Original decisions)
   108.    Amendment of sch 3 (Requirements for approved agreements)
   109.    Amendment of sch 6 (Dictionary)
           Part 8--Amendment of Land Title Act 1994
   110.    Act amended
   111.    Insertion of new s 35A
           112. Amendment of s 47 (Alienated State land to be registered)
   113.    Amendment of s 50 (Requirements for registration of plan of subdivision)
   114.    Amendment of s 51 (Dedication of public use land in plan)
   115.    Amendment of s 51A (Access for public use land)
   116.    Renumbering of s 54 (Division excluding road or watercourse)
   117.    Insertion of new pt 4, div 3A
   118.    Amendment of s 59 (Severing joint tenancy)
   119.    Amendment of s 67 (Amending a lease)
   120.    Amendment of s 81A (Definitions for div 4)
   121.    Amendment of s 82 (Creation of easement by registration)
   122.    Amendment of s 83 (Registration of easement)
   123.    Amendment of s 83A (Registration of plan showing proposed easement)
   124.    Amendment of s 84 (Limitation of easements)
   125.    Amendment of s 89 (Easements for public utility providers)
   126.    Insertion of new s 90A
           127. Amendment of s 91 (Amending an easement)
   128.    Insertion of new pt 6, div 4AA
   129.    Amendment of s 105 (Lapsing of caveat)
   130.    Amendment of s 107 (Refusing or compromising application)
   131.    Amendment of s 112 (Registering beneficiary)
   132.    Amendment of s 115N (Easements for support)
   133.    Amendment of s 126 (Lapsing of caveat)
   134.    Amendment of s 128 (Cancelling a caveat)
   135.    Amendment of s 133 (Registering power of attorney)
   136.    Amendment of s 151 (Effect of transferee's notice on caveat)
   137.    Amendment of s 154 (Lodging certificate of title)
   138.    Omission of s 163 (Substitute instrument)
   139.    Amendment of sch 1 (Witnesses to instruments)
   140.    Amendment of sch 2 (Dictionary)
           Part 9--Amendment of Land Valuation Act 2010
           Division 1--Preliminary
   141.    Act amended
           Division 2--Amendments commencing on assent
   142.    Amendment of s 74 (Exceptions to annual valuation requirement)
   143.    Amendment of s 112 (What is a properly made objection)
   144.    Insertion of new s 131A
           145. Amendment of s 157 (How to appeal)
   146.    Amendment of s 248 (Substituted service)
           Division 3--Amendments commencing by proclamation
   147.    Amendment of s 247 (General address for service)
   148.    Insertion of new s 247A
           149. Amendment of schedule (Dictionary)
           Part 10--Amendment of Local Government Act 2009
   150.    Act amended
   151.    Amendment of s 37 (Development processes)
           Part 11--Amendment of Petroleum Act 1923
           Division 1--Preliminary
   152.    Act amended
           Division 2--Amendments commencing on assent
   153.    Amendment of s 2 (Definitions)
           154. Amendment of s 75L (Restrictions on making conversion)
   155.    Amendment of s 75U (Obligation to decommission)
   156.    Amendment of s 75V (Right of entry to facilitate decommissioning)
   157.    Amendment of s 75W (Responsibility for well or bore after decommissioning)
   158.    Amendment of s 75X (Requirement to report outcome of testing)
   159.    Amendment of s 86 (Water rights)
   160.    Insertion of new pt 15
           Division 3--Amendments commencing by proclamation
   161.    Amendment of s 2 (Definitions)
           162. Replacement of s 75K (Restriction on who may drill water observation bore or water supply bore)
   163.    Replacement of pt 6D, div 2 (Converting well to water supply bore)
   164.    Replacement of s 75Q (Transfer of water observation bore or water supply bore to landowner)
   165.    Amendment of s 75S (Transfer of water observation bore to petroleum tenure holders or water monitoring authority holder)
   166.    Insertion of new s 75XA
           167. Insertion of new ss 201–205
           Part 12--Amendment of Petroleum and Gas (Production and Safety) Act 2004
           Division 1--Preliminary
   168.    Act amended
           Division 2--Amendments commencing on assent
   169.    Amendment of s 185 (Underground water rights)
   170.    Omission of s 186 (Right to allow use of associated water for domestic or stock purposes)
   171.    Amendment of s 188 (Authorisation for Water Act)
   172.    Amendment of s 283 (Restrictions on making conversion)
   173.    Amendment of s 292 (Obligation to decommission)
   174.    Amendment of s 294 (Responsibility for well or bore after decommissioning)
   175.    Amendment of s 543 (Requirement of petroleum tenure holder to report outcome of testing)
   176.    Amendment of s 670 (What is an operating plant)
   177.    Amendment of s 675 (Content requirements for safety management plans)
   178.    Insertion of new ch 15, pt 16
           Division 3--Amendments commencing by proclamation
   179.    Replacement of s 282 (Restriction on who may drill water observation bore or water supply bore)
   180.    Replacement of ch 2, pt 10, div 2 (Converting petroleum well to water supply bore)
   181.    Amendment of s 288 (Transfer of water observation bore or water supply bore to landowner)
   182.    Amendment of s 290 (Transfer of water observation bore to petroleum tenure or water monitoring authority holder)
   183.    Insertion of new s 543A
           184. Amendment of s 670 (What is an operating plant)
   185.    Insertion of new ss 979–982
           186. Amendment of sch 2 (Dictionary)
           Part 13--Amendment of River Improvement Trust Act 1940
           Division 1--Preliminary
   187.    Act amended
           Division 2--Amendments commencing on assent
   188.    Amendment of s 2 (Definitions)
           189. Replacement of s 5 (Membership of trust)
   190.    Amendment of s 10 (Works which trust shall undertake or maintain)
   191.    Insertion of new pt 9, div 2 and sch 1
           Division 3--Amendments commencing by proclamation
   192.    Insertion of new s 20B
           193. Amendment of s 22 (Regulation–making power)
           Part 14--Amendment of South-East Queensland Water (Distribution and Retail Restructuring) Act 2009
   194.    Act amended
   195.    Amendment of s 53 (Delegation)
           196. Amendment of s 99BJ (Requirement for SEQ service provider to have plan)
   197.    Amendment of s 99BL (Requirement for SEQ service provider to review plan)
           Part 15--Amendment of Sustainable Planning Act 2009
   198.    Act amended
   199.    Amendment of s 755A (Definitions for pt 7A)
   200.    Amendment of s 755G (Compliance assessment—local government as compliance assessor)
   201.    Amendment of s 755H (Compliance assessment—nominated entity as compliance assessor)
   202.    Amendment of s 755I (Notice about compliance permits and compliance certificates)
   203.    Insertion of new ch 10, pt 7
           Part 15A--Amendment of Sustainable Planning and Other Legislation Amendment Act (No. 2) 2012
   203A.   Act amended
   203B.   Amendment of s 2 (Commencement)
   203C.   Amendment of s 35 (Insertion of new ch 6, pt 1, div 4, sdiv 2A)
   203D.   Insertion of new s 51A
           203E. Insertion of new ss 84A to 84F
           203F. Amendment of s 122 (Insertion of new ch 10, pt 6)
   203G.   Amendment of s 123 (Amendment of sch 3 (Dictionary))
           Part 16--Amendment of Sustainable Planning Regulation 2009
   204.    Regulation amended
   205.    Amendment of sch 7 (Referral agencies and their jurisdictions)
           Part 17--Amendment of Torres Strait Islander Land Act 1991
   206.    Act amended
   207.    Amendment of s 10 (DOGIT land)
   208.    Amendment of s 11 (Torres Strait Islander reserve land)
   209.    Replacement of s 43 (Cancellation of deed of grant in trust)
   210.    Replacement of pt 14, div 2, hdg (Minister's power to appoint, remove or suspend members of land trusts)
   211.    Amendment of s 156 (Minister may appoint member)
   212.    Insertion of new s 156A
           213. Replacement of pt 14, div 2, sdiv 2, hdg (Removal or suspension of members)
   214.    Amendment of s 157 (Grounds for removal or suspension of member)
   215.    Amendment of s 158 (Show cause notice)
   216.    Amendment of s 161 (Removing or suspending member)
   217.    Insertion of new s 161A
           218. Replacement of s 162 (Immediate removal or suspension of member)
   219.    Replacement of pt 14, div 2, sdiv 3 (Other matters)
   220.    Insertion of new s 171A
           221. Amendment of sch 1 (Dictionary)
           Part 18--Amendment of Vegetation Management Act 1999
   222.    Act amended
   223.    Amendment of s 11 (Minister must make regional vegetation management codes)
   224.    Insertion of new s 20ADA
           225. Insertion of new pt 6, div 8
   226.    Amendment of schedule (Dictionary)
           Part 19--Amendment of Water Act 2000
           Division 1--Preliminary
   227.    Act amended
           Division 2--Amendments commencing on assent
   229.    Replacement of ss 50 and 50A
           230. Insertion of new ss 52A and 52B
           231. Amendment of s 62 (Content of draft water use plans)
   232.    Omission of ch 2, pt 3, div 3, sdivs 4-6
   233.    Amendment of s 106 (Minor or stated amendments of resource operations plan)
   234.    Replacement of ss 107A and 108
           235. Amendment of s 108A (Applying for a distribution operations licence other than under a resource operations plan)
   236.    Replacement of s 108B (Additional information may be required)
   237.    Amendment of s 111 (Amending a licence for consistency with a plan)
   238.    Amendment of s 111A (Amending a licence under a plan process)
   239.    Amendment of s 112 (Other amendments chief executive may make to licence)
   240.    Amendment of s 113 (Minor, stated or agreed amendments of licence)
   241.    Replacement of ss 114 and 115
           242. Replacement of s 117 (Approving application to transfer licence)
   243.    Amendment of s 118A (Amalgamating licences)
   244.    Amendment of s 119 (Cancelling licence)
   245.    Amendment of s 119A (Procedure for cancelling licence)
   246.    Amendment of s 119B (Cancelling licence no longer required)
   247.    Replacement of s 119D (Access for conducting audit reports)
   248.    Insertion of new s 121A
           249. Amendment of s 122A (Chief executive may approve standard supply contracts)
   250.    Amendment of s 132 (Public notice of application to change water allocation)
   251.    Amendment of s 181 (Public notice of application to amend interim resource operations licence)
   252.    Amendment of s 196 (Forfeiting an interim water allocation)
   253.    Amendment of s 197 (Surrendering an interim water allocation)
   254.    Insertion of new s 197A
           255. Amendment of s 203 (Definitions for pt 6)
   256.    Amendment of s 206 (Applying for a water licence)
   257.    Omission of s 206A (Additional requirements for application by petroleum tenure holder)
   258.    Amendment of s 208 (Public notice of application for water licence)
   262.    Amendment of s 214 (Conditions of water licence)
   263.    Amendment of s 223 (Other transfer of water licence)
   265.    Amendment of s 382 (Public notice and copies of report)
   266.    Amendment of s 386 (Publishing approval and making report available)
   267.    Amendment of s 391 (Minor or agreed amendments of approved report)
   268.    Amendment of s 393 (Other amendments)
   269.    Amendment of s 552 (Public notice of proposal to establish a water authority)
   270.    Amendment of s 556 (Amending establishment regulation)
   271.    Amendment of s 598 (Composition of board for water authorities)
   272.    Amendment of s 598A (Changing the composition of a board)
   273.    Omission of s 599 (Composition of board for Gladstone Area Water Board)
   274.    Amendment of s 601 (Chairperson)
           275. Amendment of s 609 (Removal of board)
   276.    Insertion of new ch 4, pt 7, div 1, sdiv 1 hdg
   277.    Amendment of s 692 (Public notice of proposed amalgamation or dissolution)
   278.    Insertion of new ch 4, pt 7, div 1, sdiv 2 hdg
   279.    Insertion of new s 695A
           280. Amendment of s 696 (Procedure before authority is dissolved to convert to alternative institutional structures)
   281.    Amendment of s 703 (Continuing legal proceedings)
   282.    Omission of s 810 (Using water contrary to approved land and water management plan)
   284.    Amendment of s 967 (Development under Sustainable Planning Act 2009 relating to taking or interfering with water)
   285.    Amendment of s 1007 (Records to be kept in registries)
   286.    Amendment of s 1014 (Regulation-making power)
   287.    Amendment of s 1162 (Grid customers)
   288.    Insertion of new ch 9, pt 6
   289.    Amendment of sch 4 (Dictionary)
           Division 3--Amendments commencing by proclamation
   289A.   Amendment of s 20 (Authorised taking of, or interference with, water without water entitlement)
   290.    Replacement of s 20 (Authorised taking of, or interference with, water without water entitlement)
   291.    Amendment of s 26 (Moratorium notices)
   292.    Amendment of s 46 (Content of draft water resource plans)
   292A.   Amendment of ch 2, pt 6, div 2, sdiv 2 (Contents and conditions of water licence)
   292B.   Amendment of s 213 (Contents of water licence)
   292C.   Insertion of new s 213A
           292D. Omission of ch 2, pt 7 (Catchment areas)
   293.    Amendment of s 266 (Applying for permit to destroy vegetation, excavate or place fill in a watercourse, lake or spring)
   294.    Amendment of s 268 (Criteria for deciding application for a permit to destroy vegetation, excavate or place fill in a watercourse, lake or spring)
   295.    Amendment of s 311 (Production of licence to authorised officer)
   296.    Amendment of s 313 (Records of water bores drilled)
   297.    Amendment of s 746 (Power to enter land to monitor compliance)
   298.    Amendment of s 748 (Power to enter land to search for unauthorised activities)
   299.    Amendment of s 814 (Destroying vegetation, excavating or placing fill without permit)
   300.    Amendment of s 816 (Unauthorised water bore activities)
   300A.   Amendment of s 966 (Additional criteria for assessing development applications)
   301.    Replacement of ch 8, pt 2
   302.    Amendment of s 1014 (Regulation-making power)
   303.    Insertion of new ch 9, pt 6, div 1, hdg
   303A.   Insertion of new s 1235
           304. Insertion of new s 1242
           305. Insertion of new ch 9, pt 6, divs 2 and 3
   306.    Amendment of sch 4 (Dictionary)
           Part 20--Amendment of Water Supply (Safety and Reliability) Act 2008
   307.    Act amended
   308.    Amendment of s 12 (Register of service providers)
   309.    Amendment of s 13 (Requirement for responsible entity to give information)
   310.    Amendment of s 20 (Who must apply for registration as a service provider)
   311.    Replacement of ss 21 and 22
           312. Amendment of s 23 (Applying to amend service provider's details of registration)
   313.    Replacement of ss 24 and 25
           314. Amendment of s 26 (Notice of intention to stop operating as a service provider)
   315.    Replacement of s 27 (Cancellation of registration)
   316.    Amendment of s 28 (Applying for cancellation of registration as service provider)
   317.    Insertion of new ch 2, pt 3, div 1, sdiv 5, hdg
   318.    Amendment of s 30 (Reviewing and changing service provider registration details)
   319.    Insertion of new ss 30 and 30A
           320. Amendment of s 31 (Definition for div 2)
   321.    Amendment of s 49 (Liability of service providers for negligence)
   322.    Amendment of s 71 (Preparing strategic asset management plan)
   323.    Amendment of s 74 (Approving strategic asset management plan)
   324.    Amendment of s 75 (Refusing to approve strategic asset management plan)
   325.    Amendment of s 76 (Changing strategic asset management plan)
   326.    Amendment of s 80 (Preparing system leakage management plan)
   327.    Amendment of s 87 (Approving system leakage management plan)
   328.    Amendment of s 88 (Refusing to approve system leakage management plan)
   329.    Replacement of s 89 (Regulator may seek further information)
   330.    Amendment of s 90 (Changing system leakage management plan)
   331.    Amendment of s 95 (Preparing drinking water quality management plan)
   332.    Amendment of s 96 (Additional information may be required)
   333.    Amendment of s 100 (Amendment of drinking water quality management plan—application)
   334.    Amendment of s 101 (Amendment of drinking water quality management plan—requirement of regulator)
   335.    Amendment of s 107 (Changing plans following review)
   336.    Amendment of s 112 (Access for conducting audit reports)
   337.    Amendment of s 115 (Preparing customer service standards)
   338.    Amendment of s 119 (Revising customer service standard)
   339.    Amendment of s 120 (Reviewing customer service standard)
   340.    Amendment of s 123 (Preparing drought management plans)
   341.    Amendment of s 129 (Changing a drought management plan)
   342.    Amendment of s 142 (Contents of annual report)
   343.    Amendment of s 190 (Supplying unauthorised services)
   344.    Amendment of s 201 (Preparing particular plans)
   345.    Amendment of s 250 (Application for exemption)
   346.    Amendment of s 274 (Public reporting requirement)
   347.    Amendment of s 301 (Making declaration)
   348.    Amendment of s 530 (Governor in Council may appoint administrator to operate infrastructure)
   349.    Amendment of s 633 (Application of particular provisions—other schemes)
   350.    Insertion of new ch 10, pt 6
   351.    Amendment of sch 3 (Dictionary)
           Part 21--Minor and consequential amendments
   352.    Legislation amended
           SCHEDULE 1 -- MINOR AND CONSEQUENTIAL AMENDMENTS
           Part 1--Amendments commencing on assent
           Part 2--Amendments commencing by proclamation