Qld Legislation Update 8 January 2014

Issue 1/2014 – 8 January 2014 Period covered by this update: 14 December 2013 – 3 January 2014

Primary Legislation (Acts of Parliament)........................................................................................3 Acts/Legislation Commenced by Proclamation.............................................................................3 1. Justice and Other Legislation Amendment Act 2013.................................................................................................. 3

Subordinate Legislation (Regulations, Rules, etc.).........................................................................3 A. Subordinate legislation notified on the Queensland Legislation website on 20 December 2013...................................... 3 1. SL No. 287 of 2013: Hospital and Health Boards Amendment Regulation (No. 2) 2013............................................. 3 2. SL No. 288 of 2013: Radiation Safety Amendment Regulation (No. 1) 2013............................................................... 3 3. SL No. 289 of 2013: Uniform Civil Procedure (Fees) and Other Legislation Amendment Regulation (No. 1) 2013.......................................................................................................................... 3 4. SL No. 290 of 2013: Criminal Code (Criminal Organisations) Amendment Regulation (No. 1) 2013........................... 4 5. SL No. 291 of 2013: Proclamation commencing certain provisions of the Justice and Other Legislation Amendment Act 2013........................................................................................ 4 6. SL No. 292 of 2013: Queensland Civil and Administrative Tribunal Amendment Rule (No. 2) 2013............................ 4 7. SL No. 293 of 2013: Public Trustee Amendment Regulation (No. 4) 2013.................................................................. 5 8. SL No. 294 of 2013: Transport Operations (Road Use Management—Vehicle Standards and Safety) Amendment Regulation (No. 1) 2013............................................................................................................................................... 5 9. SL No. 295 of 2013: Transport Legislation Amendment Regulation (No. 3) 2013....................................................... 6 10. SL No. 296 of 2013: Transport Operations (Road Use Management—Vehicle Registration) Amendment Regulation (No. 2) 2013.......................................................................................................................... 6 11. SL No. 297 of 2013: Fire and Rescue Service Amendment Regulation (No. 1) 2013.................................................. 7 12. SL No. 298 of 2013: Animal Care and Protection Amendment Regulation (No. 3) 2013............................................. 7 13. SL No. 299 of 2013: Aboriginal Land Amendment Regulation (No. 7) 2013............................................................... 7 14. SL No. 300 of 2013: Water Amendment Regulation (No. 4) 2013............................................................................... 7 15. SL No. 301 of 2013: Water Resource (Boyne River Basin) Plan 2013......................................................................... 8 16. SL No. 302 of 2013: Coal Mining Safety and Health and Other Legislation Amendment Regulation (No. 1) 2013.......................................................................................................................... 8 17. SL No. 303 of 2013: Nature Conservation (Protected Areas Management) Amendment Regulation (No. 3) 2013.......................................................................................................................... 8 18. SL No. 304 of 2013: Building and Other Legislation Amendment Regulation (No. 4) 2013......................................... 8

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.

14 December 2013 – 3 January 2014 | page 2

Local Laws.....................................................................................................................................9 A. Queensland Government Gazette of 20 December 2013................................................................................................. 9 1. Burke Shire Council.................................................................................................................................................... 9 2. Council of the City of Gold Coast................................................................................................................................ 9 3. Sunshine Coast Regional Council .............................................................................................................................. 9

Approved Forms/Guidelines..........................................................................................................9 A. Queensland Government Gazette of 20 December 2013................................................................................................. 9 1. Building Act 1975........................................................................................................................................................ 9 2. Gaming Machine Act 1991.......................................................................................................................................... 9 3. Liquor Act 1992........................................................................................................................................................... 9 4. Queensland Civil and Administrative Tribunal Act 2009.............................................................................................. 9 5. Residential Tenancies and Rooming Accommodation Act 2008................................................................................ 9 6. Youth Justice Act 1992............................................................................................................................................... 9

Other Statutory Instruments/Statutory Notices........................................................................... 10 A. “Extraordinary” edition of the Queensland Government Gazette of 16 December 2013................................................ 10 1. Queensland Building and Construction Commission Act 1991................................................................................ 10 B. “Extraordinary” editions of the Queensland Government Gazette of 19 December 2013............................................... 10 1. Water Act 2000 ........................................................................................................................................................ 10 2. Water Supply (Safety and Reliability) Act 2008......................................................................................................... 10 C. Queensland Government Gazette of 20 December 2013............................................................................................... 10 1. Water Act 2000......................................................................................................................................................... 10 2. Sustainable Planning Act 2009..................................................................................................................................11 3. Public Service Act 2008.............................................................................................................................................11 4. Constitution of Queensland 2001..............................................................................................................................11 5. Corrective Services Act 2006................................................................................................................................... 12 6. Liquor Act 1992......................................................................................................................................................... 12 7. Major Sports Facilities Act 2001............................................................................................................................... 12 8. Transport Operations (Marine Safety) Regulation 2004............................................................................................ 12 9. Transport Operations (Passenger Transport) Regulation 2005................................................................................. 12 10. Transport Operations (Road Use Management — Accreditation and Other Provisions) Regulation 1995..................................................................................................................... 12 11. Work Health and Safety Regulation 2011.................................................................................................................. 13 12. Transport Infrastructure Act 1994............................................................................................................................. 13 D. “Extraordinary” editions of the Queensland Government Gazette of 20 December 2013.............................................. 13 1. Mineral Resources Act 1989..................................................................................................................................... 13 2. Sustainable Planning Regulation 2009...................................................................................................................... 13 E. “Extraordinary” editions of the Queensland Government Gazette of 23 December 2013.............................................. 14 1. State Development and Public Works Organisation Act 1971................................................................................... 14 F. “Extraordinary” edition of the Queensland Government Gazette of 1 January 2014...................................................... 14 1. Sustainable Planning Act 2009................................................................................................................................. 14

Miscellaneous.............................................................................................................................. 14 1. Parliamentary Sittings............................................................................................................................................... 14

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Primary Legislation (Acts of Parliament) Parliament did not sit during the period covered by this Update.

Acts/Legislation Commenced by Proclamation 1. Justice and Other Legislation Amendment Act 2013 •

SL No. 291 of 2013 – see below under the heading, “Subordinate Legislation (Regulations, Rules, etc.)”.

Subordinate Legislation (Regulations, Rules, etc.) A. Subordinate legislation notified on the Queensland Legislation website on 20 December 2013 1. SL No. 287 of 2013: Hospital and Health Boards Amendment Regulation (No. 2) 2013 The objective of this Regulation is to prescribe, as Item No. 13 of Schedule 3 (Agreements) of the Hospital and Health Boards Regulation 2012, the revised version of the Memorandum of Understanding between the Chief Executive of Queensland Health and the Queensland Police Service entitled “Confidential Information Exchange”, thereby permitting designated persons to disclose confidential patient-identifying information to the Queensland Police Service without breaching the duty of confidentiality, which information includes confidential information relating to alleged criminal offences and missing persons to assist with investigation and prosecution of an alleged offender and/or to locate a missing person. 2. SL No. 288 of 2013: Radiation Safety Amendment Regulation (No. 1) 2013 The objective of this Regulation is to amend the Radiation Safety Regulation 2010 by: •

inserting provisions designed to phase out the possession of commercial solaria in Queensland by 31 December 2014; and,

•

making a number of “minor and consequential” amendments to that Regulation.

3. SL No. 289 of 2013: Uniform Civil Procedure (Fees) and Other Legislation Amendment Regulation (No. 1) 2013 The purpose of this Regulation, as listed in its Explanatory Notes, is to make amendments to the Uniform Civil Procedure Rules 1999, including the following: •

providing for consistency with interstate jurisdictions in respect of the rules relating to Service under the Hague Convention on Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial matters;

•

replacing references to directions conferences with references to settlement conferences;

•

clarifying requirements in relation to costs, and information about costs;

•

removing the requirement that a notice to apply for a grant of probate or letters of administration must be included in a publication that is sold, in recognition that some rural newspapers are given away free; and,

•

implementing new opening hours of 8:30am to 4:30pm across Queensland court registries, and providing that court registries may otherwise be opened or closed by direction of a registrar.

This Regulation also makes consequential amendments to the Criminal Practice (Fees) Regulation 2010 and the Uniform Civil Procedure (Fees) Regulation 2009 to ensure consistency in relation to court registry opening hours.

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4. SL No. 290 of 2013: Criminal Code (Criminal Organisations) Amendment Regulation (No. 1) 2013 The primary objective of this Regulation is to amend s3 of the Criminal Code (Criminal Organisations) Regulation 2013 to “correct anomalies in the list of prescribed places”, to use the terminology of its Explanatory Notes, by: •

omitting one address, namely, that in the 37th dot point;

•

amending two other addresses, namely:

•

•

in the eighth dot point, omitting “unit 3/7 Lear Jet Drive” and inserting in its stead “30 Berkeley Court”; and,

•

in the nineteenth dot point, omitting “5/29” and inserting in place thereof “5/27-31”; and,

adding a further two addresses, namely: •

after the 16th dot point, inserting “unit 3/82 Leyland Street, Garbutt”; and,

•

after the 26th dot point, inserting “54 Price Street, Nambour”.

5. SL No. 291 of 2013: Proclamation commencing certain provisions of the Justice and Other Legislation Amendment Act 2013 By a Proclamation signed on 19 December 2013, His Excellency the Acting Governor fixed 1 January 2014 for the commencement of Part 31 of the Justice and Other Legislation Amendment Act 2013 (Act No. 35 of 2013). As listed in the Explanatory Notes for the Proclamation, Part 31 amends the Queensland Civil and Administrative Tribunal Act 2009 to: •

allow an application or referral to be withdrawn without needing to obtain the leave of the Queensland Civil and Administrative Tribunal (“QCAT”);

•

allow for the making of a decision by default, where the claims include a claim for unliquidated damages;

•

provide QCAT with a discretion as to whether to provide written reasons for interlocutory or procedural decisions;

•

modify the appeal rights where a decision to set aside a decision by default is made;

•

clarify the time period for appealing against a decision of QCAT or the QCAT appeal tribunal;

•

allow the QCAT, rather than the QCAT appeal tribunal, to hear appeals which are in substance applications to reopen; and,

•

ensure that costs assessors and conciliators have the same protection and immunity as other QCAT participants.

6. SL No. 292 of 2013: Queensland Civil and Administrative Tribunal Amendment Rule (No. 2) 2013 This Rule amends the Queensland Civil and Administrative Tribunal Rules 2009 in order to support ss46 and 50A of the Queensland Civil and Administrative Tribunal Act 2009, as amended by the Justice and Other Legislation Amendment Act 2013, by: •

setting out the process for giving notice of withdrawal of an application or referral; and,

•

providing for how an applicant must make an application for a decision by default for recovery of unliquidated damages.

Pursuant to s2 (Commencement), this Rule commenced on 1 January 2014.

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7. SL No. 293 of 2013: Public Trustee Amendment Regulation (No. 4) 2013 This Regulation amends Schedule 1 (Interest payable on amounts in common fund) of the Public Trustee Regulation 2012 by omitting the expression, 2.50%, and replacing it with 2.00%. Pursuant to s2 (Commencement), this Regulation commenced on 1 January 2014. 8. SL No. 294 of 2013: Transport Operations (Road Use Management—Vehicle Standards and Safety) Amendment Regulation (No. 1) 2013 This Regulation implements three packages of amendments to the Australian Vehicle Standards Rules (that is, the national model legislation setting the standards heavy and light vehicles must meet to be used on roads and road-related areas) which have been developed by the National Transport Commission. As described in this Regulation’s Explanatory Notes, these amendments are technical in nature and simply clarify or enhance the operation of existing provisions. For this purpose, this Regulation amends the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2010. The amendments include, for example, amendments to: •

clarify performance requirements for testing the operation of handbrakes in vehicles;

•

clarify that the owners of older vehicles may fit more modern and updated equipment to their vehicles provided it complies with a recent Australian Design Rule;

•

allow a broader range of sound level meters to be used to measure vehicle noise emissions;

•

allow a device that makes a “bell” sound to be fitted to a vehicle, e.g., an historic vehicle. (Previously this was prohibited as bells were used on emergency vehicles.); and,

•

enhance vehicle safety by requiring that all electrical components, e.g., batteries, are securely mounted.

Also, this Regulation further amends the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2010 to: •

reduce the regulatory burden on the owners of “mini-buses” that are used for private purposes, e.g., by large families, by, provided their gross vehicle mass is no more than 4.5 tonnes, abolishing the requirement that they be inspected annually by an authorised vehicle safety inspector and, instead, they need be inspected only on the same basis as other light vehicles, e.g., prior to being offered for sale;

•

require that all information stated on the front of the requisite safety certificate must be legible from outside a vehicle being offered for sale;

•

clarify that safety certificates and certificates of inspection can be signed by the Authorised Inspection Station proprietor after the vehicle inspection has been conducted and the certificate has been completed by an approved examiner;

•

clarify that all dealers selling used trailers (including those who are not technically motor dealers) are required to display safety certificates on trailers they are offering for sale.

Pursuant to s2 (Commencement), this Regulation commences on 12 January 2014.

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9. SL No. 295 of 2013: Transport Legislation Amendment Regulation (No. 3) 2013 This Regulation amends s184 (Instrument approved for Act, s80(1), definition saliva analysing instrument) and s187 (Prescribed collection unit) of the Traffic Regulation 1962 in order to approve new types of devices for roadside drug testing that will be provided under the contract with a new supplier, following an evaluation of saliva analysis instruments recently conducted by the Queensland Police Service with the co-operation of the Department of the Transport and Main Roads and Queensland Health, namely: •

the “Dräger DrugTest 5000 Analyser” will be approved as a saliva analysing instrument (also known as the “Draeger DrugTest 5000 Analyser”); and,

•

the “Dräger DCH 5000 attached to a Dräger DrugTest 5000 STK” will be approved as a prescribed collection unit (also known as the “Draeger DCH 5000 attached to a Draeger DrugTest 5000 STK”).

In addition, this Regulation amends s63B of the Transport Operations (Road Use Management—Driver Licensing) Regulation 2010 in relation to one of the approved alcohol ignition interlock devices by amending, in the first dot point, the spelling of the relevant company name from “Drager” to “Draeger” to reflect the correct alternative spelling. 10. SL No. 296 of 2013: Transport Operations (Road Use Management—Vehicle Registration) Amendment Regulation (No. 2) 2013 This Regulation amends the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2010 to insert a new definition of the expression, “personal mobility device” (PMD), in order to allow for other machines in addition to the Segway Personal Transporter which is currently the only approved PMD listed in Schedule 7 (Personal mobility device) of that Regulation. [Schedule 7 is actually omitted by this Regulation and is, in effect, replaced by the new definition which is to be located in Schedule 8 (Dictionary).] This new definition provides that a PMD is a vehicle for one person that: •

is designed to be self-balancing while the person is using the vehicle;

•

has 2 wheels that operate on a single axis;

•

is propelled by an electric motor;

•

has a maximum speed of 20km/h;

•

has a control that can limit the vehicle’s speed to 12km/h or less;

•

has a maximum width of 850mm;

•

has a maximum weight of 60kg when not carrying a person or load.

Consequently, as long as a device meets this definition, it can be used in Queensland without any approval required from the department and the amendment will also remove the need for the legislation to be amended each time a new device is identified. The Explanatory Notes for this Regulation point out that all existing safety conditions and restrictions for using PMDs in the Queensland Road Rules will still continue to apply (e.g., wearing an approved helmet, not using a mobile phone and not travelling faster than 12km/h).

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11. SL No. 297 of 2013: Fire and Rescue Service Amendment Regulation (No. 1) 2013 This Regulation amends Schedule 2 (Annual contributions of owners of prescribed properties) of the Fire and Rescue Service Regulation 2011 in order, as stated in its Explanatory Notes, to ensure an equitable scheme exists for contributions made by prescribed property owners to the Emergency Management, Fire and Rescue Levy, which levy provides funding for emergency management, fire and rescue services across the State and which is collected by local governments on behalf of the State, by capping the contribution that a class E prescribed property owner in Levy groups 7 to 16 inclusive is required to pay for the financial year starting on 1 January 2014 and ending on 30 June 2014 to the amount specified in Levy group 6, namely $657.80. 12. SL No. 298 of 2013: Animal Care and Protection Amendment Regulation (No. 3) 2013 The objective of this Regulation is to amend the Animal Care and Protection Regulation 2012 in order to prescribe a compulsory code of practice for the transportation of livestock, thus replacing the current separate voluntary codes of practice for the land transport of cattle, horses, pigs and poultry. The Explanatory Notes for this Regulation state that “(t)he Australian Animal Welfare Standards and Guidelines – Land Transport of Livestock was endorsed by the Primary Industries Ministerial Council (PIMC) in 2008. The Standing Council on Primary Industries, which replaced the PIMC, endorsed further amendments to the Standards and Guidelines in September 2012. These Standards and Guidelines were used to as a basis for the development of the code of practice for the transportation of livestock and adapted to suit Queensland’s animal care and protection legislative framework”. The Explanatory Notes further state that this “code of practice will apply to alpacas, buffalo, camel, cattle, deer, emus, goats, horses, ostriches, pigs, poultry (domestic fowl, ducks, geese, guinea fowl, partridge, pheasants, pigeons, quails and turkey) and sheep that are transported by road, rail or sea”. Pursuant to s2 (Commencement), this Regulation commences on 31 January 2014. 13. SL No. 299 of 2013: Aboriginal Land Amendment Regulation (No. 7) 2013 This Regulation amends Schedule 2 (Available State land that is transferable land) of the Aboriginal Land Regulation 2011 to declare areas of available State land as “transferable land”, in accordance with Part 3 of the Aboriginal Land Act 1991, with reference to unallocated State land in the following areas: •

Charleville; and,

•

Charters Towers.

14. SL No. 300 of 2013: Water Amendment Regulation (No. 4) 2013 The objective of this Regulation is to amend Part 2 of Schedule 8 (Downstream and upstream limits) of the Water Regulation 2002 by removing the upstream limits for Bullhead Creek and One Mile Creek, which are located upstream of Honey Dam, an approximately 600ML dam that supports farming enterprises in the Lakeland area which is located in the Normanby Basin, approximately 81 kms south west of Cooktown and 242 kms north west of Cairns.

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15. SL No. 301 of 2013: Water Resource (Boyne River Basin) Plan 2013 As listed in its Explanatory Notes and also in s2 (Purposes of plan) of the Plan, this instrument provides for the allocation and sustainable management of water in the Boyne River Basin (the area of which is delineated in Schedule 1) by: •

defining the availability of water in the plan area;

•

providing a framework for sustainably managing water and the taking of water;

•

identifying priorities and mechanisms for dealing with future water requirements;

•

providing a framework for establishing water allocations; and,

•

providing a framework for reversing, where practicable, degradation in natural ecosystems.

16. SL No. 302 of 2013: Coal Mining Safety and Health and Other Legislation Amendment Regulation (No. 1) 2013 This Regulation amends the Coal Mining Safety and Health Regulation 2001 in order to clarify the requirements relating to the sealing of each entrance to an underground coal mine as some mine operators, apparently, have adopted the practice of sealing only one entrance. This Regulation also amends the Mining and Quarrying Safety and Health Regulation 2001 in order to update the corporate name in Schedule 4 of Comalco Aluminium Limited, following amendments to the Commonwealth Aluminium Corporation Pty Limited Agreement Act 1957 and a restructuring of Rio Tinto Alcan. 17. SL No. 303 of 2013: Nature Conservation (Protected Areas Management) Amendment Regulation (No. 3) 2013 This regulation, as provided for under s35 of the Nature Conservation Act 1992, amends Schedule 3 (Permitted uses in prescribed national parks) of the Nature Conservation (Protected Areas Management) Regulation 2006 in order to prescribe an ecotourism facility, namely, the Mamu Rainforest Canopy Walkway, as a permitted use within a defined part of Wooroonooran National Park, thereby allowing for a lease for the operation of the facility by a third party to be granted. (This is the first such ecotourism facility use to be prescribed under s35.) 18. SL No. 304 of 2013: Building and Other Legislation Amendment Regulation (No. 4) 2013 As listed in its Explanatory Notes, this Regulation, firstly, amends the Building Regulation 2006 (“the Building Regulation”) in order to: •

adopt a revised part of QDC MP 3.5, that is, the 20 December 2013 version, which revision: •

removes reference to the Australian Building Codes Board’s draft national standard for buildings in a flood hazard area and, instead, adopts parts of the final version;

•

ensures consistency in terminology with the new State Planning Policy 2013 (“SPP 2013”); and,

•

incorporates terms defined under the omitted Part 2A of the Building Regulation to simplify its application and interpretation;

•

reference the new SPP 2013 and any applicable Temporary State Planning Policy in terms of local government designations of flood hazard areas under the Building Regulation; and,

•

simplify the relationship between the Building Regulation and QDC MP 3.5 “for greater ease of use”;

It also amends the Sustainable Planning Regulation 2009 to align terminology in relation to referral agency jurisdiction for the QDC MP 3.5 with SPP 2013 and reflect the changes to the Building Regulation.

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Local Laws A. Queensland Government Gazette of 20 December 2013 Gazettal of the making of local laws by the following Councils: 1. Burke Shire Council •

Administration (Amendment) Local Law (No.1) 2013 which amends Local Law No. 1 (Administration) 2013;

•

Community and Environment Management (Amendment) Subordinate Local Law (No. 1) 2013 which amends Subordinate Local Law No. 3 (Community and Environment Management) 2013; and,

•

Administration (Amendment) Local Law (No.1) 2013 which repeals Burke Shire Council Local Law No. 3 (Gates and Grids).

2. Council of the City of Gold Coast •

Regulated Parking (Amendment) Subordinate Local Law (No.2) 2013.

3. Sunshine Coast Regional Council •

Amendment Subordinate Local Law No.4 (Animal Management) 2013.

Approved Forms/Guidelines A. Queensland Government Gazette of 20 December 2013 Notification of the approval of, or the withdrawal of approval for, forms for use under the following Acts: 1. Building Act 1975 2. Gaming Machine Act 1991 3. Liquor Act 1992 4. Queensland Civil and Administrative Tribunal Act 2009 5. Residential Tenancies and Rooming Accommodation Act 2008 6. Youth Justice Act 1992

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Other Statutory Instruments/Statutory Notices (Note: There were two “extraordinary” editions of the Government Gazette on each of 19, 20 and 23 December 2013.)

A. “Extraordinary” edition of the Queensland Government Gazette of 16 December 2013 1. Queensland Building and Construction Commission Act 1991 Gazettal, pursuant to s42(2), Item 10 of Schedule 1A and Schedule 2, of the declaration made by the Treasurer and Minister for Trade that Plenary Schools Pty Ltd (ACN: 165 733 737) is a special purpose vehicle established to carry out a public-private partnership for the Queensland Schools Project between the State of Queensland and Plenary Schools Pty Ltd (ACN: 165 733 737) for the purposes of the design, construction, commissioning, financing, and maintenance of a package of schools and the provision of facilities management services to those schools.

B. “Extraordinary” editions of the Queensland Government Gazette of 19 December 2013 1. Water Act 2000 Gazettal of the Rural Water Pricing Direction Notice (No. 1) 2013, made under s1013D, pursuant to which Queensland Bulk Water Authority, trading as Seqwater, is directed to comply with this Gazette notice when charging rural irrigation water prices in Seqwater water supply schemes and distribution systems for the period commencing on 1 January 2014 and ending on 30 June 2017. 2. Water Supply (Safety and Reliability) Act 2008 Gazettal of the following notices given by the Minister for Energy and Water Supply that he has approved on 19 December 2013, under s371G, each for a period of five years, the specified flood mitigation manuals: •

Approval of Flood Mitigation Manual (North Pine Dam) Notice (No 01) 2013: Manual of Operational Procedures for Flood Mitigation at North Pine Dam, Revision 8 of November 2013; and,

•

Approval of Flood Mitigation Manual (Wivenhoe Dam and Somerset Dam) Notice (No 01) 2013: Manual of Operational Procedures for Flood Mitigation at Wivenhoe Dam and Somerset Dam, Revision 11 of November 2013.

C. Queensland Government Gazette of 20 December 2013 1. Water Act 2000 •

Gazettal of the Approval of a Resource Operations Plan Notice (No 02) 2013, made under s103(5), giving notice that the Governor in Council on 19 December 2013 approved a resource operations plan entitled “Boyne River Basin Resource Operations Plan”;

•

Gazettal of the Approval of an Amendment of a Resource Operations Plan Notice (No 02) 2013, made under s105, giving notice that the Governor in Council on 19 December 2013 approved amendment of a resource operations plan entitled “Fitzroy Basin Resource Operations Plan”.

•

Gazettal of the proposal, under s692, that the Back Creek Water Supply Area shown on Administrative Plan 3963, which is attached to the notice, be dissolved, in respect of which proposal written submissions may be made to the Chief Executive on or before 31 January 2014. (From the map attached to the notice, it would appear that the Back Creek Water Supply Area is located on a line approximately midway between Rockhampton and Roma.)

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2. Sustainable Planning Act 2009 •

•

Gazettal of the notice, given under s117(1), that, on 10 December 2001, the Scenic Rim Regional Council adopted an amendment to the Beaudesert Shire Planning Scheme 2007 (recognised as Amendment No. 8), the purpose and general effect of which amendment is to: •

clarify certain policy to assist in the interpretation and operation of the planning scheme for matters that have been identified through its implementation;

•

respond to and incorporate the outcomes of a local planning study undertaken for Tamborine Village;

•

achieve compliance with the Sustainable Planning Regulation 2009 in regard to the level of assessment for Houses in residential precincts;

•

include new planning scheme provisions for the assessment of Dual Occupancies;

•

update the list of Ministerial designations for community infrastructure; and,

•

resolve a number of anomalies in the planning scheme.

Gazettal of the notice, given under s117(1), that, on 10 December 2001, the Scenic Rim Regional Council adopted an amendment to the Boonah Shire Planning Scheme 2006 (recognised as Amendment No.4), with the exception of Item 14.1 of the amendment package, the purpose and general effect of which amendment is to: •

clarify certain policy to assist in the interpretation and operation of the planning scheme for matters that have been identified through its implementation;

•

encourage economic diversity and rural activities in rural areas; and,

•

resolve a number of anomalies in the Boonah Shire Planning Scheme 2006.

(Council resolved not to proceed with Item 14.1 of Amendment No.4 to the Boonah Shire Planning Scheme because further investigation into animal husbandry provisions in the Rural Residential Zone is required.) 3. Public Service Act 2008 Gazettal of the making, under s53, of Commission Chief Executive Directive No. 17/13, entitled “Pay Date for Employees of Queensland Health”, the purpose of which directive is to prescribe the pay cycle arrangements for employees of Queensland Health. (This directive supersedes Directive No. 03/12.) 4. Constitution of Queensland 2001 Gazettal of Administrative Arrangements Amendment Order (No. 3) 2013 which amends Administrative Arrangements Order (No. 2) 2013 in relation to the ministerial duties and responsibilities of the following Ministers: •

Treasurer and Minister for Trade;

•

Minister for Education, Training and Employment;

•

Minister for Police, Fire and Emergency Services; and,

•

Minister for Housing and Public Works.

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5. Corrective Services Act 2006 Gazettal of the notifications, given under s319T(2)(1)(b), that a Victim Trust Fund has been established in each of the names of the following persons as a result of payments to them pursuant to the Personal Injuries Proceedings Act 2002 and that their victims, who have six months from 11 and 12 December 2013 respectively, to start a proceeding, may have a claim against the Victim Trust Fund: •

Garry John Mills; and,

•

Shanaye Jaye Tyson.

6. Liquor Act 1992 Gazettal of the notice, given by the Attorney-General and Minister for Justice, pursuant to s95, of the extension of the moratorium period, as defined under s89, by three months, so that the moratorium period will end on midnight, 31 March 2014. (The notice further states that s90 restricts the making, during the moratorium period, of an application for extended trading hours for licensed premises that are not in extended trading hours precincts, as defined under s89, and s91 restricts the Commissioner for Liquor and Gaming from considering, during the moratorium period, extended trading hours applications made to the Commissioner, but upon which the Commissioner had not made a final decision, immediately before the start of the moratorium period, for premises that are not in an extended trading hours precinct.) 7. Major Sports Facilities Act 2001 Notification that His Excellency the Acting Governor, acting by and with the advice of the Executive Council, has declared various sporting events (NRL, AFL and Rugby Union) and one entertainment concert (featuring Eminem) proposed to be held at the following venues as “declared events” on specified dates from 17 February to 18 October 2014: •

Suncorp Stadium (Brisbane);

•

Brisbane Cricket Ground; and,

•

Metricon Stadium (Gold Coast).

8. Transport Operations (Marine Safety) Regulation 2004 Notification of the declaration made by the General Manager, Maritime Safety Queensland, pursuant to s221(2), that a person must not anchor, berth, moor or operate a ship, other than a ship operated by those persons listed in Schedule A to the notice, e.g., Employees of Hummer NQ Pty Ltd T/A Explosive art Fireworks, in the waters within 75m of Cardwell Jetty for the period 12:00 noon on 31 December 2013 until 11:00pm on 1 January 2014. 9. Transport Operations (Passenger Transport) Regulation 2005 Gazettal of the notification that “Queensland Taxi Security Camera System Specifications December 2013” has been approved, pursuant to s86. 10. Transport Operations (Road Use Management — Accreditation and Other Provisions) Regulation 1995 Gazettal of Q-Ride Registered Service Provider Standards Notice (No. 1) 2013, notifying the approval, under s95, of Q-Ride Registered Service Provider Standards (Version 09 December 2013), the use of which commenced from 1 January 2014.

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11. Work Health and Safety Regulation 2011 Notification given by the Regulator that, under s698, he had cancelled the class exemptions for the following: •

certain inflatable amusement devices from design and item registration and annual inspections by a professional registered engineer if the annual inspection is conducted by a competent person effective from 21 December 2012;

•

operators with a bridge and gantry crane (remote) certificate from holding a dogging licence to sling their own loads from 10 May 2013; and,

•

intermediate boiler operators from upgrading to an advanced licence class when performing the same class of high risk work as previously, effective from 13 September 2013.

12. Transport Infrastructure Act 1994 Gazettal of the notice, pursuant to s105ZB and the Declaration of Local Government Tollway dated 28 July 2006, setting out the new maximum tolls, administration charges and user administration charges to apply for use of the Clem Jones Tunnel on and from 1 January 2014.

D. “Extraordinary” editions of the Queensland Government Gazette of 20 December 2013 1. Mineral Resources Act 1989 Notification gazetted by the Minister for Natural Resources and Mines, providing for the repeal of Restricted Area 295 which was approved and commenced 24 August 1995 pursuant to Mineral Resources Amendment Regulation (No.4) 1995 for the purpose of Horn Island rehabilitation. Restricted Area 295 falls within the boundaries of the blocks and sub-blocks described in Schedule 1 to the notice, all of which are located on Block Identification Map – Series B for Torres Strait. The Gazette notice further states that “(o)n repeal of Restricted Area 295, any future exploration and production tenure within that area may include conditions where the candidate’s application will be assessed and developed in consultation with the Department of Natural Resource & Mines Abandoned Mines Unit and the Department of Environment and Heritage Protection for Environmental Assessment. The applicant may have responsibility of historical environmental liabilities (depending on the work program activities assessed and granted to be undertaken). The Minister for Natural Resources and Mines has the head of power under the auspices of the Mineral Resources Act 1989 section 141 to impose any such conditions prior to granting of any mining tenure.” 2. Sustainable Planning Regulation 2009 Gazettal of the Vegetation Management Urban Area Notice (No 02) 2013, made under Schedule 26 of the above Regulation, pursuant to which the area specified in the notice, namely, Lot 87 on SP232119 parish of Springlands, county of Drake, Collinsville, is “identified as an urban area” by the Chief Executive of the Department of State Development, Infrastructure and Planning as the Chief Executive administering the Sustainable Planning Act 2009.

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E. “Extraordinary” editions of the Queensland Government Gazette of 23 December 2013 1. State Development and Public Works Organisation Act 1971 •

Gazettal of the declaration made by the Coordinator-General that the Etheridge Integrated Agricultural Project is a coordinated project, for which an environmental impact statement is required, pursuant to s26(1)(a);

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Gazettal of the declaration made by the Minister for State Development, Infrastructure and Planning that the Gladstone Liquefied Natural Gas project is a prescribed project, pursuant to s76E.

F. “Extraordinary” edition of the Queensland Government Gazette of 1 January 2014 1. Sustainable Planning Act 2009 Gazettal of the notice that, on 18 December 2012 (sic), Lockyer Valley Regional Council adopted the Temporary Local Planning Instrument (TLPI 01/2014) to provide improved flood regulation based on the identification of a revised flood inundation area in the Gatton Shire Planning Scheme 2007 and Laidley Shire Planning Scheme 2003.

Miscellaneous 1. Parliamentary Sittings The first Parliamentary sitting week for 2014, as indicated on the Parliamentary website, is scheduled for Tuesday, 11 February, to Thursday, 13 February 2014. (The complete proposed sitting dates for the remainder of 2014 are available on that website.)

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