Primary Legislation (Acts of Parliament)...2. Subordinate Legislation (Regulations, Rules, etc.)...2. Local Laws...3. Approved Forms/Guidelines...

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1 Issue 28/ July 2013 Period covered by this update: 6 12 July 2013 Primary Legislation (Acts of Parliament)...2 Subordinate Legislation (Regulations, Rules, etc.)...2 A. Subordinate legislation notified in the Queensland Government Gazette of 12 July SL. No. 136 of 2013: Rural and Regional Adjustment Amendment Regulation (No. 4) SL. No. 137 of 2013: Aboriginal and Torres Strait Islander Land Legislation Amendment Regulation (No. 1) SL. No. 138 of 2013: Standard Plumbing and Drainage Amendment Regulation (No. 1) Local Laws...3 A. Queensland Government Gazette of 12 July Barcoo Shire Council... 3 Approved Forms/Guidelines...3 A. Queensland Government Gazette of 12 July Property Agents and Motor Dealers Act Residential Tenancies and Rooming Accommodation Act Other Statutory Instruments/Statutory Notices...4 A. Queensland Government Gazette of 12 July Valuers Registration Act Sustainable Planning Act Queensland Competition Authority Act Transport Operations (Marine Safety) Act Transport Security (Counter-Terrorism) Act Miscellaneous Parliamentary Sittings... 6 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 6 12 July 2013 page 2 Primary Legislation (Acts of Parliament) Parliament did not sit during the period covered by this Update. Subordinate Legislation (Regulations, Rules, etc.) A. Subordinate legislation notified in the Queensland Government Gazette of 12 July SL. No. 136 of 2013: Rural and Regional Adjustment Amendment Regulation (No. 4) 2013 This Regulation makes a minor amendment to the Bovine Johne s Disease ( BJD ) Assistance Scheme ( the Scheme ) contained in Schedule 25 of the Rural and Regional Adjustment Regulation 2011, which schedule took effect on 31 May 2013, in order to ensure that QRAA has the regulatory certainty that cattle owners who have slaughtered cattle after having tested positive to BJD are eligible for assistance under the Scheme. 2. SL. No. 137 of 2013: Aboriginal and Torres Strait Islander Land Legislation Amendment Regulation (No. 1) 2013 This Regulation allows for the consequential changes to the Aboriginal Land Regulation 2011 ( the AL Regulation ) and the Torres Strait Islander Land Regulation 2011 ( the TSIL Regulation ), necessitated by amendments to the Aboriginal Land Act 1991 and the Torres Strait Islander Land Act 1991 ( the Land Acts ) made by the Land, Water and Other Legislation Amendment Act 2013 ( the LWOLA Act ), and for minor drafting amendments. These amendments made by the LWOLA Act relate to giving land trusts power to appoint, suspend or remove their members, and to the relocation of certain provisions from the AL Regulation and the TSIL Regulation to the Land Acts referred to above. In particular, firstly, this Regulation amends the AL Regulation by: amending s8 (Chairperson, deputy chairperson and secretary appointment); amending s11 (Adoption of rules); amending s12 (Content of adopted rules); omitting Sub-division 3 (Rule about resolutions of executive committee without meetings) of Division 2 of Part 2; renumbering Sub-division 4 (Rule about filling executive offices) of Division 2 of Part 2; omitting Division 3 (Land trust to give particular information to chief executive) of Part 2; and, renumbering of Divisions 4 to 7 of Part 2 as Divisions 3 to 6. Secondly, this Regulation amends the TSIL Regulation by: amending s8 (Chairperson, deputy chairperson and secretary appointment); amending s11 (Adoption of rules); amending s12 (Content of adopted rules); omitting Sub-division 3 (Rule about resolutions of executive committee without meetings) of Division 2 of Part 2; renumbering Sub-division 4 (Rule about filling executive offices) of Division 2 of Part 2; omitting Division 3 (Land trust to give particular information to chief executive) of Part 2; and, renumbering of Divisions 4 to 6 of Part 2 as Divisions 3 to 5.

3 6 12 July 2013 page 3 3. SL. No. 138 of 2013: Standard Plumbing and Drainage Amendment Regulation (No. 1) 2013 This Regulation includes amendments the Standard Plumbing and Drainage Regulation 2003 ( the SPD Regulation ) primarily required to align it with the Plumbing and Drainage Act 2002 ( the PD Act ) as amended by the Housing and Other Legislation Amendment Act 2013 ( the HOL Act ). In particular, as listed in its Explanatory Notes, this Regulation: removes references to on-site sewerage work that are redundant as a result of amendments in the HOL Act clarifying that on-site sewerage work is a subset of drainage work ; clarifies the distinction between on-site sewerage work that is compliance assessable work and on-site sewerage work that is notifiable work or minor work; removes references to on-site sewerage facility that are redundant as a result of amendments in the HOL Act clarifying that an on-site sewerage facility is a subset of drainage ; specifies when a local government is required to inspect notifiable work; removes parts of the definition of the expression, notifiable work, that are redundant as a result of amendments in the HOL Act; provides that a rectification notice for notifiable work can be issued to both the responsible person for the work and any licensed contractor involved; replaces references in the SPD Regulation to the assessment of notifiable work with references to the inspection of notifiable work, to align the terminology used in the SPD Regulation with the terminology used in the HOL Act; replaces two definitions of the expression, responsible person, with a single comprehensive definition of that term; and, removes the definition of the expression, 48 hours, from s17 and inserts a definition of that term into Schedule 6 (Dictionary) of the SPD Regulation, that applies for inspecting notifiable work as well as for assessing compliance assessable work. The Regulation also clarifies when compliance assessable work is taken to be completed, to ensure that a plumber is not allowed to delay a local government inspection of compliance assessable work, by refusing to complete an insignificant aspect of the work. Local Laws A. Queensland Government Gazette of 12 July 2013 Notification of the making of local laws by the following council: 1. Barcoo Shire Council Approved Forms/Guidelines A. Queensland Government Gazette of 12 July 2013 Notification of the approval of, and/or the withdrawal of approval for, forms for use under the following Acts: 1. Property Agents and Motor Dealers Act Residential Tenancies and Rooming Accommodation Act 2008

4 6 12 July 2013 page 4 Other Statutory Instruments/Statutory Notices A. Queensland Government Gazette of 12 July Valuers Registration Act 1992 Gazettal of the List of Registered Valuers of Queensland, as at 1 July 2013, compiled by the Valuers Registration Board of Queensland, pursuant to s Sustainable Planning Act 2009 Gazettal of the notice that, on 26 June 2013, the Ipswich City Council resolved to make and adopt minor amendments to the Planning Scheme for the City of Ipswich, referred to as Planning Scheme Amendment Package 03/2013, the purpose and general effects of which amendments were listed as: Amendments to the following to reflect the outcomes of development approvals: Zoning Maps Z8, Z23 and Z25; and, Listings in Schedule 3 Identified Places of Interest; Amendment to Schedule 1 Dictionary, clarifying the term Minor Utility with regards to the installation of solar panels; Amendment to Schedule 2 Character Places to reflect the current location of the West Ipswich and One Mile War Memorial; Amendment to the Other Development assessment tables in all zones and overlays, to clarify the assessment trigger intent is for carrying out operational work for reconfiguring a lot or in association with a material change of use; and, Consequential amendments to the Consistent and Inconsistent Uses, Use Classes and Other Development Specific Outcomes in all zones and overlays to ensure consistency with the amendment listed above. 3. Queensland Competition Authority Act 1997 Gazettal of the Ministers Direction Notice whereby, in their capacity as responsible Ministers, pursuant to s10(e), the Treasurer and Minister for Trade and the Attorney-General and Minister for Justice directed the Queensland Competition Authority to investigate and report to them on the following matters by 28 February 2014: price disparities in the cost of medical and disability aids and equipment sold in Australia, and particularly in Queensland, and the cost of medical and disability aids and equipment sold overseas; the causes of any price disparities found under the first dot point, including regulatory barriers, price discrimination and market power of participants in the market; and, actions that could be taken by Government to address any price disparities so identified. 4. Transport Operations (Marine Safety) Act 1994 Notification of the approval by the General Manager, Maritime Safety Queensland, pursuant to s206a, of the fixing of a temporary speed limit of 6 knots and no wash for specified waters of the Brisbane River for all ships and effective from Monday, 22 July 2013, for a period of approximately one year.

5 6 12 July 2013 page 5 5. Transport Security (Counter-Terrorism) Act 2008 Notification of the revocation by the delegate of the chief executive of the Department of Transport and Main Roads, pursuant to s14, of the declarations of the following surface transport operation as security identified surface transport operations for the purposes of the above Act: Sunlover Reef Cruises Pty Ltd trading as Sunlover Cruises (Cairns); Yardarm Pty Ltd trading as Passions of Paradise (Cairns); The vessels, Reef Cat, Maggie Cat, Palm Cat and Sun Bird, operating between Townsville, Magnetic Island, Palm Island and the Great Barrier Reef; The vessels Quandamooka, Minjerribah, Lakarma, Moreton Escape and Stradbrok (sic) Venture operating scheduled and charter services in the vicinity of Brisbane, North Stradbroke Island and the Southern Moreton Bay Islands conducted by Stradbroke Ferries Limited; Raging Thunder Pty Ltd trading as Fitzroy Ferries (Cairns); Quicksilver Connections Limited (Port Douglas); J&J Wallace (Projects) Pty Ltd trading as Big Cat Green Island Reef Cruises (Cairns); Hostel Reef Trips Pty Ltd trading as Compass Cruises, Reef Experience, Reef Encounter and Reef Magic (Cairns); the vessel, MiCat, operating scheduled and charter services in the vicinity of Brisbane and Moreton Island carried on by Hawkins Ferries Pty. Ltd (Lytton); Down Under Dive Pty Ltd trading as Down Under Cruise and Dive (Cairns); The Trustee for Divers Den Unit Trust trading as Deep Sea Divers Den (Cairns); the vessel, Sea Breeze, operating scheduled services in the vicinity of Brisbane and North Stradbroke Island carried on by Big Red Cat Pty Ltd (Midvale (W.A.) Gazettal, in the name of the delegate of the chief executive of the Department of Transport and Main Roads, pursuant to s12, of an amendment to a security-identified surface transport operation declaration relating to Queensland Rail Limited published by Gazette notice on 22 October 2010, particulars of which amendment are as follows: to reflect the change in the name of the entity carrying on the surface transport operation: Queensland Rail; and, to include the Citytrain network, inclusive of all above and below rail infrastructure and activities (except Airtrain infrastructure). (Note: This last notice, which, like the preceding notices listed above, was also published under the heading, Revocation of Declaration of a Security-Identified Surface Transport Operation, continued on to state that, pursuant to s15(2), the prescribed period within which Queensland Rail must give the delegate of the chief executive a copy of an updated risk management plan under that Act, is the period of 3 months from the date of this amendment. Given the content of the notice, the appropriateness of the heading to the last notice may be open to question.)

6 6 12 July 2013 page 6 Miscellaneous 1. Parliamentary Sittings As indicated on the Parliamentary website, the Queensland Parliament is scheduled to sit next for the consideration of legislation from Tuesday, 6 August, through to Thursday, 8 August (Parliamentary Estimates Committee hearings are being conducted from 16 to 19 July and from 23 to 25 July but Parliament is not sitting to debate legislation on these days.) The complete proposed sitting dates for the remainder of 2013 are available on the Parliamentary website.