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Central Queensland Coal Associates Agreement Act 1968

An Act about an agreement between the State and various companies for the mining of coal in central Queensland, and for related purposes

Long title sub 2002 No. 15 s 6

1Short title

This Act may be cited as the Central Queensland Coal Associates Agreement Act 1968.

1ADefinition

In this Act—
the agreement means the agreement made on 28 January 1969 as authorised by section 2, as varied under this or another Act.
s 1A ins 2002 No. 15 s 7

2Execution of agreement authorised

The Premier is hereby authorised to make, for and on behalf of the State, with Utah Development Company, a company registered in the State, and having its registered office at Fourth Floor, Canegrowers’ Building, 190–94 Edward Street, Brisbane, in the State and Mitsubishi Development Pty. Ltd., a company registered in the State and having its registered office at Eighth Floor, Commercial Union House, 349–53 Queen Street, Brisbane, in the State the agreement, the form of which is set out in schedule 1.
s 2 amd 1997 No. 72 s 4; 2002 No. 15 s 8

3Agreement has force of law

The agreement has the force of law as if it were enacted.
s 3 sub 2002 No. 15 s 9

4Variation of agreement

(1)The agreement may be varied only by further agreement between the parties under the authority of an Act.
(2)A variation of the agreement purported to be made other than under subsection (1) is of no effect.
s 4 ins 2002 No. 15 s 11

4A[Repealed]

s 4A ins 2000 No. 20 s 29 sch 3
om 2002 No. 15 s 12

5Application of GST to rents after 30 June 2005

(1)This section applies to rent payable after 30 June 2005 under—
(a)this Act; or

(b)the agreement; or

(c)a lease granted under, or mentioned in, the agreement.

(2)If the rent is for a supply for which GST is payable, the rent payable is the total of—
(a)the rent that would have been payable if the rent were not for a supply for which GST is payable; and

(b)10% of the rent that would have been payable if the rent were not for a supply for which GST is payable.

(3)Subsection (2) applies despite the following—
(a)sections 3 and 4;

(b)the agreement;

(c)the Mineral Resources Act 1989.

s 5 amd 1997 No. 72 s 6
sub 2002 No. 15 s 12

6Making of 1997 agreements authorised

(1)The Premier is authorised, for the State, to make an agreement with the parties named in the agreement in schedule 2.
(2)The agreement must be substantially in the form set out in schedule 2.
(3)After the agreement in schedule 2 is made, the Premier is authorised, for the State, to make an agreement with the parties named in the agreement in schedule 3.
(4)The agreement must be substantially in the form set out in schedule 3.
(5)The Premier must notify the date of the making of each agreement by gazette notice.
s 6 ins 1997 No. 72 s 7
amd 2002 No. 15 s 13

7Making of 2001 agreement authorised

(1)The agreement, as varied by the 1984 agreement, may be further varied by a further agreement corresponding to the proposed further agreement set out in schedule 4.
(2)The Premier must notify the date of the making of the further agreement by gazette notice.
(3)On the making of the further agreement the provisions of the further agreement have the force of law as if they were enacted.
(4)In this section—
1984 agreement means the agreement made under the authority of the Central Queensland Coal Associates Agreement and Queensland Coal Trust Act 1984.
s 7 (prev s 4) amd 1984 No. 27 s 4; 1997 No. 72 s 5
sub 2001 No. 46 s 4
amd 2002 No. 15 s 10(1)–(2)
renum and reloc 2002 No. 15 s 10 (3)

8Making of 2002 agreement authorised

(1)The Premier is authorised, for the State, to make an agreement (the 2002 agreement) with the other parties named in the 2002 agreement.
(2)The 2002 agreement must be substantially in the form set out in schedule 5.
(3)The Premier must notify the date of making of the 2002 agreement by gazette notice.
s 8 ins 2002 No. 15 s 14

9Making of 2003 agreement authorised

(1)The Premier is authorised, for the State, to make an agreement (the 2003 agreement) with the other parties named in the 2003 agreement.
(2)The 2003 agreement must be substantially in the form set out in schedule 6.
(3)The Premier must notify, by gazette notice, the date the 2003 agreement is made.
s 9 ins 2003 No. 85 s 5

9ADeclaration for Commonwealth Act

A special coal mining lease is declared not to be personal property under the Personal Property Securities Act 2009 (Cwlth).
s 9A ins 2010 No. 44 s 92

10Regulation-making power

The Governor in Council may make regulations under this Act.
s 10 (prev s 9) ins 2002 No. 15 s 14
renum 2003 No. 85 s 4

Schedule 1 The original agreement

section 2

Editor’s note—

Consistent with the provisions of the Act, this schedule only contains the proposed agreement authorised to be entered into by the Act as originally enacted. It does not purport to be either the agreement actually entered into or that agreement as amended from time to time.