This regulation may be cited as the Rural and Regional Adjustment Regulation 2011 .
In this regulation—repealed regulation means the repealed Rural and Regional Adjustment Regulation 2000.
3Approval of schemes—Act, s 11
(1)Each scheme set out in each of schedules 1 to 8, 20, 21, 23, 25, 26, 27, 28 and 29 is approved under section 11 (1) (c) of the Act.(2)Each scheme mentioned in schedule 16 is approved under section 11 (4) of the Act.s 3 amd 2011 SL No. 192 s 3; 2012 SL No. 44 s 3; 2012 SL No. 51 s 3; 2012 SL No. 85 s 4; 2012 SL No. 176 s 3; 2012 SL No. 195 s 3; 2013 SL No. 19 s 3; 2013 SL No. 26 s 3; 2013 SL No. 81 s 3; 2013 SL No. 194 s 3; 2014 SL No. 51 s 3; 2014 SL No. 169 s 3; 2014 SL No. 180 s 3; 2015 SL No. 125 s 9; 2015 SL No. 148 s 6; 2016 SL No. 125 s 4
The Rural and Regional Adjustment Regulation 2000, SL No. 124 is repealed.
div hdg ins 2013 SL No. 19 s 4
5Saving of operation of particular schemes and other provisions under repealed regulation
(1)This section applies to the following provisions (each a saved provision) of the repealed regulation—(a)part 5, divisions 2, 3 and 4;(b)the schedule, parts 1, 2, 6, 9, 10, 13 to 17 and 19 to 27.(2)Each saved provision—(a)is a law to which the Acts Interpretation Act 1954 , section 20A applies; and(b)continues to apply to the things mentioned in it as if the repealed regulation had not been repealed.
6Continuation of particular schemes for particular purposes
(1)This section applies if—(a)before the commencement, a person applied for assistance under an approved assistance scheme under any of parts 3, 4, 5, 7, 8, 11, 12, 18 or 28 to 34 of the schedule of the repealed regulation; and(b)immediately before the commencement, any of the following applied—(i)the application had not been decided;(ii)the authority had approved assistance for the person under the scheme and the person had not been given all of the assistance;(iii)the scheme had otherwise not been fully administered in relation to the person.(2)The scheme, as in force immediately before the commencement, continues to apply in relation to deciding the application, giving the assistance or otherwise administering the scheme, as if the repealed regulation had not been repealed.(3)In this section—commencement means commencement of this section.s 6 amd 2011 SL No. 192 s 4
Division 2 Transitional provision for Rural and Regional Adjustment Amendment Regulation (No. 1) 2013
div 2 (s 7) ins 2013 SL No. 19 s 5
7References to eligible natural disaster
In a document, a reference to an eligible natural disaster may, if the context permits, be taken to be a reference to an eligible disaster.div 2 (s 7) ins 2013 SL No. 19 s 5
Division 3 Transitional provision for Rural and Regional Adjustment Amendment Regulation (No. 2) 2014
div 3 (s 8) ins 2014 SL No. 51 s 4
8Saving of operation of particular schedules
Schedules 12 and 24, as in force immediately before the commencement of this section, are declared to be laws to which the Acts Interpretation Act 1954 , section 20A applies.div 3 (s 8) ins 2014 SL No. 51 s 4
Division 4 Transitional provision for Rural and Regional Adjustment Amendment Regulation (No. 3) 2014
div 4 (s 9) ins 2014 SL No. 92 s 4
9Saving of operation of provision of sch 1 for particular purpose
(1)This section applies to an application for assistance under the scheme mentioned in schedule 1 if—(a)the application was made before the commencement; and(b)immediately before the commencement, the application had not been decided.(2) Section 10 of the schedule, as in force immediately before the commencement, continues to apply for deciding the application.(3)In this section—commencement means commencement of this section.div 4 (s 9) ins 2014 SL No. 92 s 4
Division 5 Transitional provision for Rural and Regional Adjustment Amendment Regulation (No. 2) 2015
div 5 (s 10) ins 2015 SL No. 74 s 3
10Special provision for TC Marcia
(1)Existing schedule 23 continues to apply to administering the special disaster assistance scheme in relation to TC Marcia as if the schedule had not been amended.(2)To remove any doubt, it is declared that subsection (1) applies even if an assistance establishment notice or an amendment of an assistance establishment notice under existing schedule 23, section 6, for TC Marcia, is published on the authority’s website on or after the commencement.(3)In this section—eligible disaster means an eligible disaster under schedule 23, section 4 as in force before the commencement.existing, for schedule 23 or a provision of schedule 23, means the schedule or provision as in force immediately before the commencement.special disaster assistance scheme means the scheme under existing schedule 23.TC Marcia means the eligible disaster described as ‘Severe Tropical Cyclone Marcia and South East QLD trough’ in the assistance establishment notice published on the authority’s website on 23 March 2015.div 5 (s 10) ins 2015 SL No. 74 s 3
section 3 (1)
The objective of the scheme is to provide assistance that will—(a)strengthen the economy of Queensland regions; and(b)facilitate the development of sustainable primary production in Queensland.
(1)The scheme consists of the following programs—(a)the first start program;(b)the sustainability program.(2)An applicant may apply for assistance under more than 1 program.
In this schedule—approved application form, for a program under the scheme, means the application form approved by the authority for the program.commercial wild-catch fishing means the fishing and harvesting for commercial purposes of marine and freshwater species from a wild population that are caught in their natural environment.eligible activities means the eligible activities decided under section 5.first start program means the part of the scheme set out in parts 2 and 3.management plan, of an applicant applying for assistance under the scheme, means a plan that—(a)includes details of the activity for which the applicant is applying for assistance; and(b)adopts a timely whole of business approach to sustainable primary production and includes components of sustainable management relevant to—(i)viability; and(ii)productivity; and(iii)managing the impacts of the activity on the natural resource base where the activity is to be carried out and other ecosystems affected by the activity; and(iv)managing business and climate risks; and(c)if the assistance is for on-farm activities—identifies and states the area of land affected by the application; and(d)complies with the guidelines for management plans under the scheme that are issued by the authority.A copy of the guidelines for management plans under the scheme may be obtained from the authority.mutual obligation condition see section 11 (1).primary producer means—(a)a sole trader who spends the majority of his or her labour on, and derives the majority of his or her income from, a primary production enterprise; or(b)in relation to a partnership, company or trust that carries on a primary production enterprise, the partners in the partnership, shareholders in the company or beneficiaries of the trust who spend the majority of their labour on, and derive the majority of their income from, the primary production enterprise.primary production enterprise means a business—(a)that involves primary production, including the agricultural, apicultural, aquacultural, commercial wild-catch fishing, forestry, grazing and horticultural industries; and(b)for which an entity holds an Australian Business Number.scheme means the scheme set out in this schedule.sharefisher means a person who—(a)works in a business in the commercial wild-catch fishing industry; and(b)shares the proceeds of the business with the owner of the business.sustainability program means the part of the scheme set out in parts 2 and 4.
The nature of the assistance that may be given under the scheme is loans at concessional rates of interest to applicants who—(a)are carrying out eligible activities; and(b)under section 14 or 18, are eligible to receive assistance under the scheme.
(1)The chief executive must—(a)decide the activities that are eligible activities for each program under the scheme; and(b)notify the authority about the decision made under paragraph (a).(2)When deciding whether an activity is an eligible activity for a program, the chief executive must consult with relevant public sector entities.
(1)The initial interest rate under the scheme for a loan to an applicant will be worked out when the applicant first draws down the loan or part of the loan.(2)The initial interest rate for the loan—(a)depends on whether the applicant decides to have the interest rate fixed for 1, 3 or 5 years when the applicant first draws down the loan or part of the loan; and(b)is worked out by the authority based on the base lending rate for the relevant period.(3)The authority may, during the term of the loan, increase the interest rate from the interest rate mentioned in subsection (2) to a commercial rate.(4)If, under subsection (3), the authority decides to increase the interest rate because the applicant’s financial capacity improves during the term of the loan, the authority may decide the extent to which the interest rate for the loan is to increase—(a)in an annual review of the loan; and(b)based on the improvement.(5)The authority may decide the extent to which the interest rate is to increase under subsection (4) more than once in relation to the applicant.(6)In this section—base lending rate means the rate decided by the authority for each 6 month period in each year that is the 1, 3 or 5 year lending rate, as appropriate, of the Queensland Treasury Corporation, plus 1%.
(1)Repayment of principal and interest on a loan granted to an applicant under the scheme will be—(a)initially calculated using a period of up to the maximum term of the loan; and(b)tailored to the applicant’s individual requirements based on the applicant’s income patterns.(2)An interest only period of not more than 2 years may be available.(3)The loan will have an initial interest rate that is fixed under section 6.
(1)If an applicant is granted a loan under the scheme, the applicant must give security for the loan.(2)The security required is—(a)a mortgage of land or other assets that is—(i)satisfactory to the authority; and(ii)commensurate with the amount of the loan; and(b)any other security the authority considers necessary, including, for example, a bill of sale, crop lien or stock mortgage.
An application for assistance under the scheme must be—(a)made on the approved application form for the program under which the applicant is applying; and(b)accompanied by the documents stated on the approved application form; and(c)given to the authority.
(1)Subject to subsection (2), the authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme.(2)The authority must refuse an application for assistance if the authority’s assistance funds for the scheme are not sufficient to pay for the assistance.s 10 sub 2014 SL No. 92 s 5
11Mutual obligation condition of loan—reporting outcomes
(1)It is a condition (mutual obligation condition) of a loan under the scheme that the applicant for the loan give the authority reports on the outcomes achieved with the funds loaned to the applicant.(2)The reports must be given to the authority in the form, and at the intervals, stated in the written offer of a loan given to the applicant by the authority.
12Purpose of assistance under first start program
(1)The first start program is designed to provide finance to an applicant in the first years of establishment of the applicant’s primary production enterprise.(2)The purpose of assistance under the first start program is to enable an applicant to become a primary producer by assisting the applicant—(a)to acquire and operate a viable primary production enterprise; or(b)to acquire and operate a primary production enterprise on a staged basis, as part of a longer term plan for the applicant to operate a viable primary production enterprise; or(c)to enter the existing primary production enterprise of the applicant’s parents or other family member, as a part of a longer term plan for the applicant to operate a viable primary production enterprise in the applicant’s own right; or(d)to enter into a leasing, sharefarming or sharefishing arrangement that will lead to the applicant operating a viable primary production enterprise; or(e)to upgrade, build up or develop the applicant’s existing non-viable primary production enterprise that has not generated the majority of the applicant’s income to one of an economically sustainable size.
The maximum amount of a loan, or the total outstanding loan balance, under the first start program is $650,000.
(1)For an applicant to be eligible to receive assistance under the first start program, the applicant must—(a)have resided in Queensland for at least 6 months; and(b)not own, or have disposed of, a viable primary production enterprise; and(c)provide evidence of financial need for the assistance; and(d)if the loan is to enter the existing primary production enterprise or buy the applicant’s parents’ or other family member’s assets, be able to demonstrate—(i)the parents or family member is not in a financial position to completely effect a transfer of the assets; and(ii)the purchase is not merely a refinance arrangement; and(e)demonstrate adequate experience or other qualifications to give the applicant a reasonable prospect of success in the particular industry the applicant wishes to enter; and(f)be able to demonstrate—(i)for buying a primary production enterprise—the applicant will have 50% equity in the enterprise; or(ii)for a leasing, sharefarming or sharefishing arrangement—the applicant will pay 50% of the set-up costs of the enterprise; and(g)demonstrate adequate funding for carry-on purposes; and(h)demonstrate sound prospects for commercial viability in the long-term development of the primary production enterprise, in accordance with the planned progression, and the capacity to service proposed debt from the enterprise and other forms of income; and(i)trade in the applicant’s own right or satisfy the authority that the applicant’s entry into the existing primary production enterprise of the applicant’s parents or other family member is part of a longer term plan to ultimately trade in the applicant’s own right; and(j)give the authority a management plan that shows the stages of a planned progression towards a viable first primary production enterprise.(2)However, for subsection (1) (f), the authority may, in relevant circumstances, vary the amount of equity in the enterprise that the applicant is required to demonstrate.Examples of relevant circumstances—
1a joint lending proposal with a commercial lender2the applicant has stable off-farm or other income from land or other assets
The maximum term of a loan is 20 years.
16Purpose of assistance under sustainability program
The purpose of assistance under the sustainability program is to enable a primary producer to implement systems and management practices that enhance sustainable primary production by—(a)increasing productivity and long-term viability; and(b)avoiding or minimising adverse impacts on—(i)the natural resource base where the activity for which the assistance is received is performed; and(ii)other ecosystems affected by the activity; and(c)adopting systems and practices to mitigate the effects of climate, drought and market risks.
17Maximum loan amounts and outstanding loan balances
(1)The maximum amount of a loan under the sustainability program is $650,000.(2)The maximum combined outstanding loan balance under the sustainability program and any of the following is $650,000—(a)the former development program;(b)the former resource management program;(c)the former development program and former resource management program.1A person who has an outstanding loan balance of $200,000 under the former development program may obtain a loan of up to $450,000 under the sustainability program.2A person who has an outstanding loan balance of $150,000 under the former resource management program may obtain a loan of up to $500,000 under the sustainability program.3A person who has an outstanding loan balance of $300,000 under the former development program and $100,000 under the former resource management program may obtain a loan of up to $250,000 under the sustainability program.(3)The maximum amount of a loan under the sustainability program to buy livestock is $200,000.(4)The maximum amount of a loan under the sustainability program to do 1 or more of the following is $200,000—(a)upgrade plant or machinery;(b)buy plant or machinery;(c)replace plant or machinery.(5)In this section—former development program means the development program in force under the repealed regulation, schedule, part 3, divisions 2 and 4 immediately before 10 December 2010.former resource management program means the resource management program in force under the repealed regulation, schedule, part 3, divisions 2 and 5 immediately before 10 December 2010.
To be eligible to receive assistance under the sustainability program, the applicant must—(a)demonstrate to the satisfaction of the authority—(i)that the applicant is a primary producer; and(ii)that the applicant is working full-time and has worked full-time for at least 2 years in the applicant’s primary production enterprise; and(iii)sound prospects for commercial viability, and the ability to service the loan, in the long term; and(iv)that the amount of non-enterprise or liquid assets owned by the applicant is not more than the amount needed for prudent risk management; and(v)if the assistance is sought to rationalise a partnership—that the proposal for the rationalisation is not merely a refinance arrangement; and(vi)if the assistance is sought to upgrade, buy or replace plant or machinery—the plant or machinery will be used predominantly for the enterprise; and(b)provide evidence of a financial need for the assistance; and(c)give the authority a management plan that outlines the intended outcomes associated with the activity for which the applicant is applying for assistance; and(d)if the assistance is sought for on-farm activities for which a licence, permit, approval or other authorisation under an Act is required before the activity can be conducted—give the authority a copy of the authorisation.
(1)The maximum term of a loan for 1 or more of the following is 7 years—(a)buying livestock;(b)upgrading plant or machinery;(c)buying plant or machinery;(d)replacing plant or machinery.(2)However, the authority may extend the maximum term of the loan to not more than 20 years if—(a)the activities mentioned in subsection (1) are a minor part of the activities for which the applicant is applying for loans under the sustainability program; or(b)having a maximum term of 7 years for a loan would adversely affect the applicant’s prospects for commercial viability and the ability to service the loan in the long term.(3)The maximum term of a loan, other than a loan mentioned in subsection (1), is 20 years.
sch hdg amd 2011 SL No. 192 s 5
section 3 (1)
In this schedule—applicant means a person applying for financial assistance under the scheme.application means an application for financial assistance under the scheme.appropriate Minister means the Minister responsible for administering the Disaster Management Act 2003 .carry-on requirements see section 5 (b).defined disaster area, for an eligible disaster, means an area that the appropriate Minister has defined for the purpose of activating the natural disaster relief and recovery arrangements for the communities affected by the disaster.At the commencement of this section, defined disaster areas were published on the authority’s website at <www.qraa.qld.gov.au>.def defined disaster area amd 2013 SL No. 19 s 6
development see the Sustainable Planning Act 2009 , section 7.eligible disaster see section 2.def eligible disaster (prev def eligible natural disaster) amd 2013 SL No. 19 s 6
IDSP certificate, in relation to an applicant’s primary production enterprise, means a certificate issued by the chief executive stating—(a)for an enterprise involving commercial wild-catch fishing—that in the chief executive’s opinion, a boat or equipment used to carry on the enterprise has been lost or damaged because of an eligible disaster that has significantly affected, or will significantly affect, the enterprise; or(b)otherwise—the property where the enterprise is carried on has sustained damage because of an eligible disaster that has significantly affected, or will significantly affect, the enterprise.def IDSP certificate amd 2013 SL No. 19 s 6
individual disaster stricken enterprise see section 3.natural disaster relief and recovery arrangements means the funding arrangements agreed between the Commonwealth and the State for providing financial assistance to communities affected by natural disasters.At the commencement of this section, the funding arrangements were described in the document called ‘Queensland Disaster Relief and Recovery Arrangements Guidelines 2009-2010’, published by Emergency Management Queensland and available on the website at <www.disaster.qld.gov.au>.primary producer means—(a)a sole trader who spends the majority of his or her labour on, and derives the majority of his or her income from, a primary production enterprise; or(b)in relation to a partnership, company or trust that carries on a primary production enterprise, the partners in the partnership, shareholders in the company or beneficiaries of the trust who spend the majority of their labour on, and derive the majority of their income from, the primary production enterprise.primary production enterprise means a business—(a)that involves primary production, including the agricultural, apicultural, aquacultural, commercial wild-catch fishing, forestry, grazing and horticultural industries; and(b)for which an entity holds an Australian Business Number.property, of an applicant, means the land on which the applicant carries on a primary production enterprise other than commercial wild-catch fishing and in relation to which the applicant has applied for assistance under the scheme.scheme means the scheme set out in this schedule.
(1)An eligible disaster means any of the following events—(a)a bushfire;(b)a cyclone;(c)a flood;(d)an earthquake;(e)a storm, including any of, or any combination of, the following—(i)hail;(ii)rain;(iii)wind;(f)a storm surge;(g)a landslide;(h)a meteorite strike;(i)a terrorist event;(j)a tornado;(k)a tsunami.(2)However, an eligible disaster does not include an event under subsection (1) if the authority considers that development has significantly contributed to the event.s 2 amd 2012 SL No. 176 s 4; 2013 SL No. 19 ss 6, 7
3Meaning of individual disaster stricken enterprise
(1)A primary production enterprise involving commercial wild-catch fishing is an individual disaster stricken enterprise if—(a)the enterprise has been, or will be, significantly affected by the loss of, or damage to, a boat or equipment used in carrying on the enterprise because of an eligible disaster; and(b)either—(i)there is no defined disaster area for the disaster; or(ii)there is a defined disaster area for the disaster and the boat or equipment was not in the area when the disaster happened.(2)Another primary production enterprise is an individual disaster stricken enterprise if—(a)the enterprise has been, or will be, significantly affected by damage to the property where the enterprise is carried on because of an eligible disaster; and(b)either—(i)there is no defined disaster area for the disaster; or(ii)there is a defined disaster area for the disaster and the property is not in the area.s 3 amd 2013 SL No. 19 s 6
(1)The purpose of assistance under the scheme is to assist in meeting the needs of primary producers affected by an eligible disaster of substantial magnitude, to recover from the disaster.(2)However, assistance under the scheme is not intended to—(a)compensate primary producers for losses suffered; or(b)encourage primary producers in marginal production areas to increase risks in their farming operations.s 4 amd 2013 SL No. 19 s 6
The nature of the assistance that may be given under the scheme is the provision of loans for—(a)restocking; or(b)meeting requirements for carrying on production (carry-on requirements), including—(i)replanting, restoring or re-establishing areas affected by an eligible disaster; or(ii)sustenance; or(iii)essential property operations; or(iv)paying rent or rates, or costs of repair or replacement of farm buildings.s 5 amd 2013 SL No. 19 s 6
(1)Subject to subsection (2), the maximum amount of a loan under the scheme for an eligible disaster for which the natural disaster relief and recovery arrangements were activated before 13 January 2008 is—(a)$100,000 for restocking; or(b)$100,000 for meeting carry-on requirements.(2)The total amount lent to an applicant under the scheme for an eligible disaster mentioned in subsection (1) must not be more than $150,000.(3)The total amount lent to an applicant under the scheme for any 1 eligible disaster for which the natural disaster relief and recovery arrangements were activated on or after 13 January 2008 must not be more than $250,000.s 6 amd 2013 SL No. 19 s 6
(1)For an applicant to be eligible to receive assistance under the scheme for an eligible disaster, the authority must be satisfied—(a)the applicant is a primary producer; and(b)if the applicant’s primary production enterprise involves wild-catch fishing—(i)a boat or equipment used in carrying on the enterprise has been lost or damaged as a direct result of the disaster; and(ii)either—(A)the boat or equipment was in the defined disaster area for the disaster when the disaster happened; or(B)the enterprise is an individual disaster stricken enterprise as a result of the disaster; and(c)if paragraph (b) does not apply to the primary production enterprise—(i)the property where the enterprise is carried on has been damaged as a direct result of the disaster; and(ii)either—(A)the property is in the defined disaster area for the disaster; or(B)the enterprise is an individual disaster stricken enterprise as a result of the disaster; and(d)if the applicant claims the primary production enterprise is an individual disaster stricken enterprise, the applicant has given the authority an IDSP certificate or made reasonable efforts to obtain an IDSP certificate for the enterprise; and(e)the applicant has taken reasonable precautions to avoid or minimise loss or damage from the disaster; andThe applicant had adequate insurance against loss or damage from the disaster.(f)the applicant has used all of the applicant’s liquid assets and all normal credit sources up to normal credit limits; and(g)the primary production enterprise will be viable with the assistance given; and(h)the applicant has not taken excessive risks in carrying on the primary production enterprise.(2)For deciding whether or not a primary production enterprise is an individual disaster affected enterprise under subsection (1) (b) (ii) (B) or (1) (c) (ii) (B), the authority must have regard to—(a)the IDSP certificate, if any, issued for the enterprise; or(b)if the chief executive has refused to issue an IDSP certificate for the enterprise—the reasons for the refusal.s 7 amd 2013 SL No. 19 s 6
(1)If an applicant’s property is in a defined disaster area for the disaster to which the applicant’s application relates, the applicant may be given a loan under the scheme at a concessional interest rate decided by the authority.(2)Subject to subsection (3), if an applicant’s primary production enterprise is an individual disaster stricken enterprise, the applicant may only be given a loan under the scheme at a current commercial lending rate.(3)An applicant under subsection (2) may be given a loan at a concessional interest rate if the authority considers—(a)the applicant’s financial position is desperate but viable; and(b)the applicant’s circumstances are exceptional.At the commencement of this section, the concessional interest rate for a loan under the scheme was 4% a year.
(1)If an applicant is granted a loan under the scheme, the applicant must give security for the loan.(2)The security required is—(a)a mortgage of land or other assets, commensurate with the amount of the loan; and(b)other security, if any, the authority considers necessary, including, for example, a crop lien or stock mortgage.
(1)Subject to subsection (5), the maximum term of a loan under the scheme is 7 years.(2)The amount payable under the loan is subject to any changes in the interest rate decided by the authority under subsection (3).(3)The authority may—(a)review an applicant’s financial situation annually to decide whether or not to increase the interest rate charged for the loan; and(b)if the authority considers the applicant’s financial situation has improved—increase the interest rate up to a commercial rate of interest.(4)The authority may allow deferral of repayments of the principal under the loan for up to 2 years if the principal and interest are repaid over the balance of the term of the loan.(5)The term of a loan may be increased to not more than 10 years if—(a)the loan has been operative for at least 4 years; and(b)the authority considers the increase in the term of the loan is appropriate in the circumstances.
Assistance given to a primary producer under the scheme is subject to an annual review by the authority.
(1)An application must be—(a)made on the application form approved by the authority; and(b)accompanied by—(i)the documentation stated on the application form; and(ii)if an IDSP certificate has been issued for the primary production enterprise to which the application relates—the IDSP certificate.(2)An applicant must give the completed application form to the authority or the applicant’s commercial lender for referral to the authority.
sch hdg amd 2011 SL No. 192 s 5
section 3 (1)
In this schedule—applicant means a person applying for financial assistance under the scheme.development see the Sustainable Planning Act 2009 , section 7.eligible disaster see section 2.def eligible disaster (prev def eligible natural disaster) amd 2013 SL No. 19 s 6
natural disaster relief and recovery arrangements means the funding arrangements agreed between the Commonwealth and the State for providing financial assistance to communities affected by natural disasters.At the commencement of this section, the funding arrangements were described in the document called ‘Natural disaster relief and recovery arrangements—Community recovery package guidelines 2011’ published by the Commonwealth Attorney-General’s Department and available on that department’s website at <www.em.gov.au>.scheme means the scheme set out in this schedule.small business see section 3.small business owner means—(a)a sole trader who spends the majority of his or her labour on, and derives the majority of his or her income from, a small business; or(b)in relation to a partnership, company or trust that carries on a small business, the partners in the partnership, shareholders in the company or beneficiaries of the trust who spend the majority of their labour on, and derive the majority of their income from, the small business.
(1)An eligible disaster means any of the following events—(a)a bushfire;(b)a cyclone;(c)a flood;(d)an earthquake;(e)a storm, including any of, or any combination of, the following—(i)hail;(ii)rain;(iii)wind;(f)a storm surge;(g)a landslide;(h)a meteorite strike;(i)a terrorist event;(j)a tornado;(k)a tsunami.(2)However, an eligible disaster does not include an event under subsection (1) if the authority considers that development has significantly contributed to the event.s 2 amd 2012 SL No. 176 s 5; 2013 SL No. 19 ss 6, 8
(1)A small business is a business—(a)for which an entity holds an Australian Business Number; and(b)in which are employed fewer than—(i)20 full-time employees; or(ii)if the business has employees other than full-time employees—20 equivalent full-time employees; and(c)that is not operated by a public company.(2)For subsection (1) (b), the number of equivalent full-time employees of a business is worked out using the formula—
where—E means the number of equivalent full-time employees of the business.F means the number of full-time employees of the business.P means the total number of hours worked each week by employees other than full-time employees.(3)In this section—full-time employee, of a business, means an individual who ordinarily works for at least 35 hours each week for the business.public company means a public company within the meaning of the Corporations Act.
(1)The purpose of assistance under the scheme is to provide concessional loans to small business owners—(a)whose buildings, plant and equipment or stock have been significantly damaged by an eligible disaster; and(b)who are unable to obtain finance on ordinary commercial terms but have sound prospects of long-term viability.(2)However, assistance under the scheme is not intended to compensate business owners for losses suffered.s 4 amd 2013 SL No. 19 s 6
The nature of the assistance under the scheme for a small business is the provision of concessional loans for re-establishing the viable operation of the business, including by doing any of the following—(a)repairing or replacing damaged plant and equipment;(b)repairing or replacing buildings;(c)supplying stock for up to 1 month to replace lost stock and maintain liquidity of the business.
(1)The amount of loan assistance for an applicant under the scheme—(a)is based on the authority’s assessment of the applicant’s financial position, including any amount recovered by the applicant under an insurance policy; and(b)must not be more than the amount of the net loss to the applicant’s business caused by the eligible disaster to which the applicant’s application relates.(2)However, the amount of loan assistance for an applicant under the scheme for an eligible disaster for which the natural disaster relief and recovery arrangements were activated before 13 January 2008 must not be more than—(a)$100,000; or(b)if there is more than 1 loan given to the applicant under the scheme—a cumulative total of $150,000.(3)Also, the total amount lent to an applicant under the scheme for any 1 eligible disaster for which the natural disaster relief and recovery arrangements were activated on or after 13 January 2008 must not be more than $250,000.s 6 amd 2013 SL No. 19 s 6; 2014 SL No. 169 s 4
(1)For an applicant to be eligible to receive assistance under the scheme—(a)the applicant must be a small business owner; and(b)the authority must be satisfied that—(i)the applicant has sustained substantial damage to buildings, plant, equipment or stock as a result of an eligible disaster; and(ii)the applicant has taken reasonable precautions to avoid or minimise loss or damage from the disaster; andExample for subparagraph (ii)—
The applicant has adequate insurance against loss or damage from the disaster.(iii)the applicant is responsible for the cost of essential repairs or replacement of the damaged assets and as a result has had liquidity severely affected; and(iv)the applicant can not repair or replace the damaged assets, or return to viable operations from the applicant’s own resources, without assistance under the scheme; and(v)the applicant has used all liquid assets and normal credit sources up to normal credit limits; and(vi)with the assistance under the scheme, the applicant has reasonable prospects of re-establishing the applicant’s business on a viable basis.(2)A public company, whether acting alone or with another company, is not eligible for assistance under the scheme.s 7 amd 2013 SL No. 19 s 6
A loan under the scheme must be secured to the satisfaction of the authority.
(1)Subject to subsection (6), the maximum term of a loan to an applicant under the scheme is 7 years.(2)When a loan under the scheme is approved by the authority, the authority will work out the initial repayments of principal and interest on the full term of the loan.At the commencement of this section, the initial interest rate for a loan under the scheme was 4% a year.(3)The amount payable under the loan is subject to any changes in the interest rate decided by the authority under subsection (4).(4)The authority may—(a)review an applicant’s financial situation annually to decide whether or not to increase the interest rate charged for the loan; and(b)if the authority considers the applicant’s financial situation has improved—increase the interest rate up to a commercial rate of interest.(5)The authority may allow deferral of repayments of the principal under the loan for up to 2 years, if the principal and interest are repaid over the balance of the approved term of the loan.(6)The term of the loan may be increased to not more than 10 years if—(a)the loan has been operative for at least 4 years; and(b)the authority considers the increase in the term of the loan is appropriate in the circumstances.
An application for assistance under the scheme must be—(a)made on the authority’s application form; and(b)given to the authority or to the applicant’s lender for referral to the authority.
sch hdg amd 2011 SL No. 192 s 5
section 3 (1)
In this schedule—primary producer means—(a)a sole trader who spends the majority of his or her labour on, and derives the majority of his or her income from, a primary production enterprise; or(b)in relation to a partnership, company or trust that carries on a primary production enterprise, the partners in the partnership, shareholders in the company or beneficiaries of the trust who spend the majority of their labour on, and derive the majority of their income from, the primary production enterprise.primary production enterprise means a business—(a)that involves primary production, including the agricultural, apicultural, aquacultural, forestry, grazing and horticultural industries; and(b)for which an entity holds an Australian Business Number.
The objective of the scheme is to assist primary producers who are carrying on primary production enterprises in areas notified by the Minister under section 5 (2) to recover from the impact of drought to which the notification relates.
The nature of the assistance that may be given under the scheme is loans at concessional rates of interest.
The maximum amount of a loan, or total outstanding loan balance, under the scheme is $100,000.
(1)For an applicant to be eligible to receive assistance under the scheme—(a)the applicant must—(i)be a primary producer; and(ii)own or occupy land, and carry on a primary production enterprise on the land, in an area of a local government that the Minister decides is severely drought affected; and(iii)demonstrate that the current net value of the land is not greater than $2m; and(b)the authority must be satisfied that—(i)the applicant’s primary production enterprise has sound prospects for commercial viability, and the applicant has the ability to service the loan, in the long term; and(ii)the amount of the applicant’s non-enterprise or liquid assets, other than insurance bonds and superannuation, is not more than the assets test limit for homeowners—couple (combined) for all Centrelink allowances and full pensions; andAt the commencement of this section, the assets test limit for homeowners—couple (combined) for all Centrelink allowances and full pensions was stated on Centrelink’s website at <www.humanservices.gov.au>.(iii)the applicant has taken reasonable precautions to minimise the effects of drought; and(iv)the drought has impacted adversely on the applicant’s primary production enterprise, causing a financial need for the assistance.(2)The Minister must notify each decision made by the Minister under subsection (1) (a) (ii) on the authority’s website.The address of the authority’s website is <www.qraa.qld.gov.au>.
The maximum term of a loan is 7 years.
(1)Repayment of principal and interest on a loan will be initially calculated using a period of up to 7 years.(2)An interest only period of not more than 2 years may be available.(3)A loan will have an initial interest rate that is fixed under section 8.
(1)The initial interest rate under the scheme for a loan to an applicant will be worked out when the applicant first draws down the loan or part of the loan.(2)The initial interest rate for the loan—(a)depends on whether the applicant decides to have the interest rate fixed for 1, 3 or 5 years when the applicant first draws down the loan or part of the loan; and(b)is worked out by the authority based on the base lending rate for the relevant period.(3)The authority may, during the term of the loan, increase the interest rate from the interest rate mentioned in subsection (2) to a commercial rate.(4)If, under subsection (3), the authority decides to increase the interest rate because the applicant’s financial capacity improves during the term of the loan, the authority may decide the extent to which the interest rate for the loan is to increase—(a)in an annual review of the loan; and(b)based on the improvement.(5)The authority may decide the extent to which the interest rate is to increase under subsection (4) more than once in relation to the applicant.(6)In this section—base lending rate means the rate decided by the authority for each 6 month period in each year that is the 1, 3 or 5 year lending rate, as appropriate, of the Queensland Treasury Corporation, plus 1%.
(1)If an applicant is granted a loan under the scheme, the applicant must give security for the loan.(2)The security required is—(a)a mortgage of land or other assets, commensurate with the amount of the loan; or(b)any other security the authority considers necessary, including, for example, a crop lien or stock mortgage.
(1)An application for assistance under the scheme must be—(a)made on the application form approved by the authority; and(b)accompanied by the documents stated on the application form; and(c)given to the authority.(2)Applications must be made no later than the day decided by the Minister.(3)The Minister must notify each decision made by the Minister under subsection (2) on the authority’s website.The address of the authority’s website is <www.qraa.qld.gov.au>.
The authority must consider, and decide to approve or refuse to approve, each application for assistance.
amd 2011 SL No. 192 s 5
section 3 (1)
In this schedule—crop materials see section 3 (a).primary producer means—(a)a sole trader who spends the majority of his or her labour on, and derives the majority of his or her income from, a primary production enterprise; or(b)in relation to a partnership, company or trust that carries on a primary production enterprise, the partners in the partnership, shareholders in the company or beneficiaries of the trust who spend the majority of their labour on, and derive the majority of their income from, the primary production enterprise.primary production enterprise means a business—(a)that involves primary production, including the agricultural, apicultural, aquacultural, forestry, grazing and horticultural industries; and(b)for which an entity holds an Australian Business Number.
The objective of the scheme is to assist primary producers who are carrying on primary production enterprises in areas notified by the Minister under section 6 (2) to recover from the impact of drought to which the notification relates.
The purpose of assistance under the scheme is to enable applicants—(a)to plant or invigorate crops by assisting them to buy chemicals, fertiliser, fuel, seed or seedlings (crop materials); and(b)to restock by assisting them to buy stock.
The nature of the assistance that may be given under the scheme is loans at concessional rates of interest.
(1)The maximum amount of a loan, or total outstanding loan balance, under the scheme is $200,000.(2)If a loan is to assist with planting or invigorating crops—(a)the maximum loan amount to buy crop materials is $60,000; and(b)the loan will be limited to the cost of planting or invigorating a crop for an area that is the average of the areas planted for the previous 3 crops.(3)If the loan is for restocking, the maximum amount of a loan is—(a)for buying breeding stock—$200,000; or(b)for buying stock other than breeding stock—$100,000.
(1)For an applicant to be eligible to receive assistance under the scheme—(a)the applicant must—(i)be a primary producer; and(ii)own or occupy land, and carry on a primary production enterprise on the land, in an area of a local government that the Minister decides is severely drought affected; and(iii)demonstrate that the current net value of the land is not greater than $2m; and(b)the authority must be satisfied that—(i)the applicant’s primary production enterprise has sound prospects for commercial viability, and the applicant has the ability to service the loan, in the long term; and(ii)the applicant has exhausted all liquid assets and lines of credit the authority considers suitable; and(iii)there is a financial need for the assistance.(2)The Minister must notify each decision made by the Minister under subsection (1) (a) (ii) on the authority’s website.The address of the authority’s website is <www.qraa.qld.gov.au>.
The maximum term of a loan is—(a)for buying crop materials—5 years; or(b)for buying stock—7 years.
(1)Repayment of principal and interest on a loan to a primary producer will be initially worked out—(a)for buying crop materials—using a period of up to 5 years; or(b)for buying stock—using a period of up to 7 years.(2)However, repayment of principal and interest on the loan will be tailored to the primary producer’s individual requirements based on the producer’s income patterns.(3)If a loan is to buy crop materials for planting or invigorating a crop, repayment of the loan must be made from proceeds of the sale of the crop and, if the authority decides, from proceeds of the sale of any subsequent crop.(4)A loan will have an initial interest rate that is fixed under section 9.
(1)The initial interest rate under the scheme for a loan to an applicant will be worked out when the applicant first draws down the loan or part of the loan.(2)The initial interest rate for the loan—(a)depends on whether the applicant decides to have the interest rate fixed for 1, 3 or 5 years when the applicant first draws down the loan or part of the loan; and(b)is worked out by the authority based on the base lending rate for the relevant period.(3)The authority may, during the term of the loan, increase the interest rate from the interest rate mentioned in subsection (2) to a commercial rate.(4)If, under subsection (3), the authority decides to increase the interest rate because the applicant’s financial capacity improves during the term of the loan, the authority may decide the extent to which the interest rate for the loan is to increase—(a)in an annual review of the loan; and(b)based on the improvement.(5)The authority may decide the extent to which the interest rate is to increase under subsection (4) more than once in relation to the applicant.(6)In this section—base lending rate means the rate decided by the authority for each 6 month period in each year that is the 1, 3 or 5 year lending rate, as appropriate, of the Queensland Treasury Corporation, plus 1%.
(1)If an applicant is granted a loan under the scheme, the applicant must give security for the loan.(2)The security required is—(a)a mortgage of land or other assets, commensurate with the amount of the loan; or(b)any other security the authority considers necessary, including, for example, a crop lien or stock mortgage.
(1)An application for assistance under the scheme must be—(a)made on the application form approved by the authority; and(b)accompanied by the documents stated on the application form; and(c)given to the authority.(2)Applications must be made no later than the day decided by the Minister.(3)The Minister must notify each decision made by the Minister under subsection (2) on the authority’s website.The address of the authority’s website is <www.qraa.qld.gov.au>.
The authority must consider, and decide to approve or refuse to approve, each application for assistance.
(1)This section applies to the authority making payments to—(a)a primary producer who is receiving assistance under the scheme; or(b)a person from whom the producer has bought crop materials or stock.(2)Payment may be made only if the primary producer gives the authority an invoice or receipt as evidence for the amounts to be paid.
amd 2011 SL No. 192 s 5
section 3 (1)
In this schedule—Commonwealth Act means the Rural Adjustment Act 1992 (Cwlth).EC declaration means a declaration under the Commonwealth Act of an area as an area undergoing exceptional circumstances.At the commencement of this section, information about the declaration and declared area was available on the Australian Government Department of Agriculture website at <www.agriculture.gov.au>.small business see section 2.
(1)A small business is a business—(a)for which an entity holds an Australian Business Number; and(b)in which are employed fewer than—(i)100 full-time employees of the business; or(ii)if the business has employees other than full-time employees—100 equivalent full-time employees of the business.(2)For subsection (1) (b), the number of equivalent full-time employees of a business must be worked out using the formula—
where—E means the number of equivalent full-time employees of the business.F means the number of full-time employees of the business.P means the total number of hours worked each week by employees other than full-time employees.(3)In this section—full-time employee, of a business, means an individual who ordinarily works for at least 35 hours each week for the business.
(1)The objective of the scheme is to assist small business owners to meet operating and other essential costs if the business enterprise is—(a)located in, adjacent to or dependent on, an EC area; or(b)affected by another significant event decided by the Minister.(2)In this section—EC area means an area declared under an EC declaration.
The nature of the assistance that may be given under the scheme is an interest subsidy for new or existing commercial loans.
(1)Subject to subsection (5), the maximum interest subsidy that may be given for a loan is $10,000 a year for each EC period.(2)The interest subsidy will be not more than 50% of the interest payable on new or existing loans for the period of the assistance, if the lender’s rate is competitive for the loan being subsidised.(3)Payment of the interest subsidy will be made in advance to the commercial lender for not more than 1 year and then be subject to a second year review.(4)If under the EC declaration, assistance may be given for more than 2 EC periods, an interest subsidy may be applied for and given for each additional EC period.(5)Any subsidies already given under the former small business drought assistance scheme must be deducted from the amount mentioned in subsection (1).(6)In this section—EC period means a period, that is 1 year or less, for which an EC declaration applies and for which assistance may be given under the scheme.former small business drought assistance scheme means the scheme set out in schedule 8 as in force immediately before the commencement of this definition.s 5 amd 2014 SL No. 51 s 5
For an applicant to be eligible to receive assistance—(a)the applicant must—(i)own (whether as sole owner, in partnership or as a private company) and operate a small business; and(ii)demonstrate that the applicant has owned and operated the business for at least 2 years; and(iii)ordinarily obtain the applicant’s major source of income from the business enterprise; and(iv)demonstrate a need for the assistance; and(v)provide evidence that the need for the assistance is related to the effect of the exceptional circumstances or other significant event decided under section 3 (1) (b); and(b)the authority must be satisfied that the business enterprise has sound prospects of commercial viability given normal conditions.
(1)An application for assistance must be—(a)made on the application form approved by the authority; and(b)accompanied by the documents stated on the application form; and(c)given to the authority.(2)If drought is the main cause of the need for assistance—(a)the application must be made not later than 6 months after the EC declaration is revoked under the Commonwealth Act; and(b)if the application is made within 6 months after the revocation, assistance may be given for up to 1 year.
The authority must consider, and decide to approve or refuse to approve, each application for assistance.
sch hdg amd 2011 SL No. 192 s 5
section 3 (1)
pt hdg ins 2014 SL No. 169 s 5
The objective of the scheme is to provide assistance to eligible entities that have suffered a significant loss of income as a result of an eligible disaster.s 1 prev s 1 om 2014 SL No. 51 s 6
pres s 1 ins 2014 SL No. 169 s 5
(1)The purpose of the assistance under the scheme is to provide an eligible entity with essential working capital, by way of a loan, to continue its farming, business or non-profit operations that have been affected by an eligible disaster.(2)However, assistance under the scheme is not intended to compensate eligible entities for loss of income suffered as a result of an eligible disaster.(3)Also, the scheme is not intended to provide assistance relating to direct damage suffered as a result of an eligible disaster.s 2 prev s 2 om 2014 SL No. 51 s 6
pres s 2 ins 2014 SL No. 169 s 5
In this schedule—applicant means a person applying for financial assistance under the scheme.appropriate Minister means the Minister responsible for administering the Disaster Management Act 2003 .defined disaster area, for an eligible disaster, means an area—(a)defined by the appropriate Minister for the purpose of activating the natural disaster relief and recovery arrangements for communities affected by the eligible disaster; and(b)described in a document held by the authority and available for inspection by members of the public.Defined disaster areas are published on the authority’s website at <www.qraa.qld.gov.au>.eligible disaster see section 4.eligible entity means a person eligible under section 8 for assistance under the scheme.essential working capital see section 6 (2).natural disaster relief and recovery arrangements means the funding arrangements agreed between the Commonwealth and the State for providing financial assistance to communities affected by natural disasters.At the commencement of this section, the funding arrangements were described in the document called ‘Natural disaster relief and recovery arrangements: determination 2012 (version 1)’ available on the Australian Government Disaster Assist website at <www.disasterassist.gov.au>.non-profit organisation—1A non-profit organisation is an incorporated charitable or other organisation that—(a)is not operating for the profit or gain, either direct or indirect, of its individual members; and(b)provides a benefit to the community.2Paragraph 1(a) applies—(a)while the organisation is operating; and(b)when it winds up, as if it were still operating.3Also, any profit made by the organisation must go back into the operation of the organisation to carry out its purposes and not be distributed to any of its members.official receipt means a receipt including—(a)the name and address of the entity that issued the receipt; and(b)if the entity has an Australian Business Number—the Australian Business Number; and(c)a description of each item to which the receipt relates.primary producer means—(a)a sole trader who—(i)spends the majority of his or her labour on a primary production enterprise; and(ii)either—(A)derives the majority of his or her income from the primary production enterprise; or(B)in the opinion of the authority, based on the demonstrated production potential of the primary production enterprise, will eventually derive the majority of his or her income from the primary production enterprise; or(b)a partnership, company or trust that carries on a primary production enterprise for which the partners, shareholders or beneficiaries—(i)spend the majority of their labour on a primary production enterprise; and(ii)either—(A)derive the majority of their income from the primary production enterprise; or(B)in the opinion of the authority, based on the demonstrated production potential of the primary production enterprise, will eventually derive the majority of their income from the primary production enterprise.primary production enterprise means a business—(a)that involves primary production, including the agricultural, apicultural, aquacultural, commercial wild-catch fishing, forestry, grazing and horticultural industries; and(b)for which an entity holds an Australian Business Number.scheme means the scheme set out in this schedule.small business see section 5.small business owner means—(a)a sole trader who spends the majority of his or her labour on, and derives the majority of his or her income from, a small business; or(b)in relation to a partnership, private company or trust that carries on a small business, the partners in the partnership, shareholders in the company or beneficiaries of the trust who spend the majority of their labour on, and derive the majority of their income from, the small business.s 3 prev s 3 om 2014 SL No. 51 s 6
pres s 3 ins 2014 SL No. 169 s 5
An eligible disaster means any of the following events—(a)a bushfire;(b)a cyclone;(c)an earthquake;(d)a flood;(e)a landslide;(f)a meteorite strike;(g)a storm, including any of, or any combination of, the following—(i)hail;(ii)rain;(iii)wind;(h)a storm surge;(i)a terrorist event;(j)a tornado;(k)a tsunami.s 4 prev s 4 om 2014 SL No. 51 s 6
pres s 4 ins 2014 SL No. 169 s 5
(1)A small business is a business—(a)for which an entity holds an Australian Business Number; and(b)in which are employed fewer than—(i)20 full-time employees; or(ii)if the business has employees other than full-time employees—20 equivalent full-time employees; and(c)that is not operated by a public company.(2)For subsection (1) (b), the number of equivalent full-time employees of a business is worked out using the formula—
where—E means the number of equivalent full-time employees of the business.F means the number of full-time employees of the business.P means the total number of hours worked each week by employees other than full-time employees.(3)In this section—full-time employee, of a business, means an individual who ordinarily works for at least 35 hours each week for the business.public company means a public company within the meaning of the Corporations Act.s 5 prev s 5 om 2014 SL No. 51 s 6
pres s 5 ins 2014 SL No. 169 s 5
pt hdg ins 2014 SL No. 169 s 5
(1)The nature of the assistance that may be given under the scheme is the provision of a loan at a concessional interest rate for an amount to be used as essential working capital for a primary production enterprise, small business or non-profit activities of an eligible entity for up to 1 year.(2) Essential working capital, for a primary production enterprise, small business or non-profit activities, is money that is necessary to continue the normal operation of the primary production enterprise, small business or non-profit activities.Examples of uses of essential working capital—
•paying salaries or wages•paying creditors•paying rent or rates•buying goods, including, for example, fuel, essential to carrying on the primary production enterprise, small business or non-profit activities•for a primary production enterprise, buying fodder or water for livestock or produce or transporting livestock or produces 6 prev s 6 om 2014 SL No. 51 s 6
pres s 6 ins 2014 SL No. 169 s 5
(1)The amount of a loan to an applicant under the scheme for an eligible disaster—(a)is based on the authority’s assessment of the applicant’s financial position, including any amount recovered by the applicant under an insurance policy; and(b)must not be more than the amount of essential working capital the authority considers is reasonably required for the applicant’s primary production enterprise, small business or non-profit activities for 1 year.(2)However, the amount of a loan to an applicant under the scheme for an eligible disaster must not be more than $100,000.s 7 prev s 7 om 2014 SL No. 51 s 6
pres s 7 ins 2014 SL No. 169 s 5
(1)An applicant is eligible for assistance for an eligible disaster under the scheme if the authority is satisfied—(a)the applicant is a primary producer, small business owner or non-profit organisation; and(b)before the eligible disaster, the applicant carried on a primary production enterprise, small business or non-profit activities (each the relevant activity) in the defined disaster area; and(c)the applicant has suffered a significant loss of income as a result of the eligible disaster; and(d)the applicant is continuing the relevant activity in the defined disaster area; and(e)there are reasonable prospects for the long-term viability of the relevant activity if the assistance is provided; and(f)the applicant has used all liquid assets and normal credit sources up to normal credit limits; and(g)the applicant has no reasonable prospects of obtaining finance on ordinary commercial terms to carry on the relevant activity; and(h)the applicant has not received another concessional loan for loss or damage that was related to the eligible disaster.(2)However, an applicant is not eligible for assistance for an eligible disaster under both—(a)this scheme; and(b)the scheme set out in schedule 2, 3 or 21.s 8 prev s 8 om 2014 SL No. 51 s 6
pres s 8 ins 2014 SL No. 169 s 5
A loan under the scheme must be secured to the satisfaction of the authority.s 9 prev s 9 om 2014 SL No. 51 s 6
pres s 9 ins 2014 SL No. 169 s 5
(1)The maximum term of a loan under the scheme is 7 years.(2)However, the term of the loan may be increased to a maximum of 10 years if—(a)the loan has been operating for at least 4 years; and(b)the authority considers the increase in the term of the loan is appropriate in the circumstances.(3)A loan under the scheme may be given at a concessional interest rate decided by the authority and published on the authority’s website.1At the commencement of this section, the concessional interest rate for a loan under the scheme was 1.7% a year.2The address of the authority’s website is <www.qraa.qld.gov.au>.(4)However, the authority may—(a)review an applicant’s financial situation annually to decide whether or not to increase the interest rate charged for the loan; and(b)if the authority considers the applicant’s financial situation has improved—increase the interest rate up to a commercial rate of interest.(5)The authority may allow payments under the loan to be accrued interest only for up to 2 years, if the principal and interest are repaid over the balance of the term of the loan.s 10 prev s 10 om 2014 SL No. 51 s 6
pres s 10 ins 2014 SL No. 169 s 5
(1)Payment of assistance under the scheme is subject to the conditions stated in subsections (2) and (3).(2)The applicant must, if requested by the authority, from time to time provide appropriate evidence to the authority that all amounts drawn against a loan under the scheme have been used for essential working capital for the applicant’s primary production enterprise, small business or non-profit activities.(3)If an applicant asks for the authority’s consent to substitute a security for an existing security for a loan under the scheme and the authority consents to the substitution, the applicant must pay to the authority—(a)the authority’s reasonable fee for giving the consent; and(b)any other reasonable costs of the authority relating to the substitution.(4)In this section—appropriate evidence means evidence in the form of tax invoices, official receipts for payment or bank statements showing full details of the goods or services acquired.s 11 ins 2014 SL No. 169 s 5
(1)An application for assistance under the scheme must—(a)be made on the authority’s application form; and(b)be accompanied by the documentation stated on the application; and(c)be given to the authority.(2)The authority may ask an applicant to provide further relevant information required to decide the application.s 12 ins 2014 SL No. 169 s 5
The authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme.s 13 ins 2014 SL No. 169 s 5
sch 7 amd 2011 SL No. 192 s 5
om 2014 SL No. 51 s 6
ins 2014 SL No. 169 s 5
section 3 (1)
The objective of the scheme is to make the net fishery (east coast no. 1) commercial net fishery under the Fisheries Regulation 2008 more sustainable by the voluntary removal of relevant fishery symbols from particular licences and surrender of relevant licences.See the Fisheries Regulation 2008 , chapter 9, part 2.
The purpose of the scheme is to pay each holder of a relevant fishery symbol or licence whose surrender offer is accepted by the authority the relevant amount for the surrender offer.
In this schedule—approved form means a form approved by the authority.authority’s website means the authority’s website on the internet.The address of the authority’s website is <www.qraa.qld.gov.au>.closing day—(a)for a stage 1 offer, see section 14 (c); or(b)for a stage 2 offer, see section 15 (2) (c); or(c)for a stage 3 offer, see section 16 (2) (c).fishery symbol—(a)generally—see the Fisheries Regulation 2008 , schedule 11, part 2; or(b)if specifically referred to by description—see section 11.holder—(a)of a licence—see section 12 (1); or(b)of a fishery symbol—see section 12 (2).invitation notice—(a)for stage 1 offers—means the notice mentioned in section 14; or(b)for stage 2 offers—means the notice mentioned in section 15 (2); or(c)for stage 3 offers—means the notice mentioned in section 16 (2).licence means a commercial fishing boat licence under the Fisheries Regulation 2008.prescribed amount, for a relevant fishery symbol, see section 10.relevant amount, for a surrender offer, see section 9.relevant fishery symbol means a fishery symbol mentioned in the table in section 27.relevant holder for a surrender offer, see section 8.relevant licence means a licence on which the fishery symbol ‘N1’ or ‘N2’ is written.removal, of a relevant fishery symbol, means an amendment of the licence on which the fishery symbol is written, under the Fisheries Act 1994 , section 63 (4) (d) and (5), by which the fishery symbol is removed from the licence.scheme means the scheme set out in this schedule.stage 1 offer see section 5.stage 2 offer see section 6.stage 3 offer see section 7.surrender, of a relevant licence, means the surrender of the licence under the Fisheries Act 1994 , section 72.surrender offer see section 4.
Each of the following is a surrender offer—(a)a stage 1 offer;(b)a stage 2 offer;(c)a stage 3 offer.
A stage 1 offer is a request, in the approved form, made by the holder of an ‘N1’ or ‘N2’ fishery symbol, in response to an invitation notice, to remove the fishery symbol in consideration for the relevant amount.
A stage 2 offer is a request, in the approved form, made by the holder of a relevant licence, in response to an invitation notice, to surrender the licence in consideration for the relevant amount.
A stage 3 offer is a request, in the approved form, made by the holder of a ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’, ‘K8’, ‘N4’ or ‘N10’ fishery symbol, in response to an invitation notice, to remove the fishery symbol in consideration for the relevant amount.
8Who is the relevant holder for a surrender offer
The relevant holder for a surrender offer is as follows—(a)for a stage 1 offer—the holder of an ‘N1’ or ‘N2’ fishery symbol;(b)for a stage 2 offer—the holder of a relevant licence;(c)for a stage 3 offer—the holder of a ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’, ‘K8’, ‘N4’ or ‘N10’ fishery symbol.
9What is the relevant amount for a surrender offer
The relevant amount for a surrender offer is as follows—(a)for a stage 1 offer— the prescribed amount for the ‘N1’ or ‘N2’ fishery symbol to which the offer relates, exclusive of GST;(b)for a stage 2 offer—the amount, exclusive of GST, that is the lesser of the following amounts—(i)$140,000;(ii)the total of—(A)the prescribed amounts for each relevant fishery symbol written on the licence immediately before it is surrendered; and(B)$15,000;(c)for a stage 3 offer—the amount, exclusive of GST, that is the total of the prescribed amounts for each relevant fishery symbol to which the offer relates.
10What is the prescribed amount for a fishery symbol
(1)The prescribed amount for a relevant fishery symbol is the amount mentioned opposite the fishery symbol in the table in section 27.(2)However, if the fishery symbol appears on a licence more than once, the prescribed amount for the fishery symbol is the amount mentioned in subsection (1) for each occurrence of the fishery symbol on the licence.
11References to a fishery symbol by description
(1)A reference in this schedule to a particular fishery symbol by description is a reference to the fishery symbol of that description under the Fisheries Regulation 2008 .(2)A reference in this schedule to a particular fishery symbol by description, followed by a number in brackets (the stated number), is a reference to the fishery symbol of that description under which the stated number of tender boats is authorised for use under the Fisheries Regulation 2008 , section 245 (2).
12Who is the holder of a licence or fishery symbol
(1)The holder, of a licence, is the person to whom it is issued or transferred, other than by a temporary transfer under the Fisheries Act 1994 , section 65C.(2)The holder, of a fishery symbol, is the person who, under subsection (1), is the holder of the licence on which the fishery symbol is written.
The nature of the assistance that may be given under this scheme to a relevant holder whose surrender offer is accepted by the authority is the payment to the holder of the relevant amount for the offer.
14Invitation notice for stage 1 offers
The authority must invite stage 1 offers from the relevant holders by publishing on the authority’s website a notice stating the following—(a)each relevant holder is invited to make a stage 1 offer;(b)the day from when stage 1 offers can be made;(c)the day (the closing day) that is 7 weeks after the day the notice is published by which the authority must receive all stage 1 offers.
15Invitation notice for stage 2 offers
(1)This section applies—(a)if any stage 1 offers are received in response to the invitation notice for stage 1 offers—when all the stage 1 offers have been dealt with under division 4; or(b)otherwise—after the closing day for stage 1 offers.(2)The authority must invite stage 2 offers from the relevant holders by publishing on the authority’s website a notice stating the following—(a)each relevant holder is invited to make a stage 2 offer;(b)the day from when stage 2 offers can be made;(c)the day (the closing day) that is 4 weeks after the day the notice is published by which the authority must receive all stage 2 offers.(3)Despite subsections (1) and (2), this section applies only if the authority considers the authority’s assistance funds for surrender offers are sufficient to pay the relevant amount for each stage 2 offer likely to be made.
16Invitation notice for stage 3 offers
(1)This section applies—(a)if an invitation notice for stage 2 offers is published under section 15 (2); and(b)either—(i)if any stage 2 offers are received in response to the invitation notice—when all the stage 2 offers have been dealt with under division 4; or(ii)otherwise—after the closing day for stage 2 offers.(2)The authority must invite stage 3 offers from the relevant holders by publishing on the authority’s website a notice stating the following—(a)each relevant holder is invited to make a stage 3 offer;(b)the day from when stage 3 offers can be made;(c)the day (the closing day) that is 4 weeks after the day the notice is published by which the authority must receive all stage 3 offers.(3)Despite subsections (1) and (2), this section applies only if the authority considers the authority’s assistance funds for surrender offers are sufficient to pay the relevant amount for each stage 3 offer likely to be made.
17Authority must give relevant holders copy of invitation notice
(1)As soon as practicable after publishing an invitation notice for stage 1, 2 or 3 offers, the authority must give a written copy of the invitation notice to each of the relevant holders invited to make the offers.(2)However, failure to comply with subsection (1) does not invalidate or otherwise affect the validity of an invitation notice.
A person is eligible for assistance under this scheme if—(a)the person, in response to an invitation notice, makes a surrender offer on or before the closing day for the offer; and(b)the authority accepts the offer by written notice to the person; and(c)from the time the offer is made until it is accepted, the person is the relevant holder for the offer; and(d)the person complies with the conditions of the assistance under section 24; and(e)for a stage 1 or 3 offer, from making the offer until the removal of each relevant fishery symbol to which the offer relates—(i)the person does not transfer the licence on which the fishery symbol is written; and(ii)the fishery symbol remains on the licence; and(f)for a stage 2 offer, from making the offer until the surrender of the relevant licence to which the offer relates—(i)the person does not transfer the licence; and(ii)each fishery symbol written on the licence remains on the licence.
19Authority must accept or reject surrender offer
(1)This section applies if—(a)a relevant holder makes a surrender offer in response to an invitation notice on or before the closing day for the offer; and(b)the closing day for the offer has ended.(2)The authority, for the State, must accept or reject the surrender offer under this division.
20State not required to accept surrender offer
Subject to section 22, the State is not required to accept a surrender offer.
21Surrender offer may be accepted only if sufficient funds
The authority, for the State, may accept a surrender offer only if the authority’s assistance funds for surrender offers are sufficient to pay the relevant amount for the offer.
22Priority for earlier stage 1, 2 or 3 offers
(1)This section applies subject to section 21.(2)A stage 1, 2 or 3 offer received by the authority earlier than another stage 1, 2 or 3 offer (each a later offer) must be accepted in priority to the later offer.
23Rejection of surrender offer
If the authority decides to reject a surrender offer, the authority must give the relevant holder who made the offer written notice of the decision and the reasons for it.
24Conditions of assistance for surrender offer
(1)This section applies if the authority, by notice under section 18 (b), accepts a surrender offer made by a relevant holder.(2)The relevant holder must, within the period stated in the surrender offer, give the authority—(a)for a stage 1 or 3 offer, each licence on which is written each relevant fishery symbol to which the offer relates; and(b)for a stage 2 offer—(i)the relevant licence to which the offer relates; and(ii)a notice of the surrender of the licence in the approved form under the Fisheries Act 1994.(3)If the relevant holder complies with subsection (2), payment under this scheme must be made under the terms of the surrender offer.
(1)An application for assistance under this scheme must—(a)be in the approved form; and(b)include or be accompanied by a surrender offer; and(c)be accompanied by the other documents stated in the approved form; and(d)be given to the authority.(2)A surrender offer must not be made to the authority other than under subsection (1).(3)A surrender offer must be received by the authority no later than the closing day for the offer.(4)The authority may request that a person who has made a surrender offer provide further relevant information required to consider the offer.(5)A person who has made a surrender offer may withdraw the offer on or before the closing day for the offer by giving the authority a written request for the withdrawal.
The authority must consider and decide each application by—(a)considering the surrender offer included in or accompanying the application; and(b)deciding to accept or reject the offer.
27Prescribed amounts for relevant fishery symbols
The prescribed amount for a relevant fishery symbol mentioned in the following table is the amount stated opposite the fishery symbol—
Relevant fishery symbol
Prescribed amount
$
C1
30,000
C2
10,000
K1
50,000
K2
50,000
K3
50,000
K4
50,000
K5
50,000
K6
50,000
K7
50,000
K8
50,000
L1
10,000
L2
10,000
L3
10,000
L4
20,000
L8
45,000
M1
25,000
N1
40,000
N2
75,000
N3
75,000
N4
80,000
N10
50,000
N11
5,000
P
25,000
RQ
15,000
RQ(1)
20,000
RQ(2)
25,000
RQ(3)
30,000
RQ(4)
35,000
S
10,000
SM
20,000
SM(1)
20,000
SM(2)
25,000
SM(3)
30,000
SM(4)
35,000
T1
25,000
T2
20,000
T5
20,000
T6
20,000
T7
20,000
T8
20,000
T9
20,000
Under section 9, the relevant amount for a surrender offer is exclusive of GST.
prev sch 8 amd 2011 SL No. 192 s 5
om 2014 SL No. 51 s 6
pres sch 8 ins 2014 SL No. 180 s 4
pt hdg om 2014 SL No. 51 s 6
s 1 om 2014 SL No. 51 s 6
s 2 om 2014 SL No. 51 s 6
s 3 om 2014 SL No. 51 s 6
pt hdg om 2014 SL No. 51 s 6
s 5 om 2014 SL No. 51 s 6
s 6 om 2014 SL No. 51 s 6
s 7 om 2014 SL No. 51 s 6
s 8 om 2014 SL No. 51 s 6
s 9 om 2014 SL No. 51 s 6
s 10 om 2014 SL No. 51 s 6
s 11 amd 2012 SL No. 11 s 3(1); 2012 SL No. 84 s 3(1)
om 2014 SL No. 51 s 6
s 12 om 2014 SL No. 51 s 6
s 13 om 2014 SL No. 51 s 6
s 14 amd 2012 SL No. 11 s 3(2); 2012 SL No. 84 s 3(2)
om 2014 SL No. 51 s 6
s 15 om 2014 SL No. 51 s 6
sch hdg amd 2011 SL No. 192 s 5
sch 9 om 2014 SL No. 51 s 6
pt hdg om 2014 SL No. 51 s 6
s 1 om 2014 SL No. 51 s 6
s 2 om 2014 SL No. 51 s 6
s 3 om 2014 SL No. 51 s 6
pt hdg om 2014 SL No. 51 s 6
s 4 om 2014 SL No. 51 s 6
s 5 om 2014 SL No. 51 s 6
s 6 om 2014 SL No. 51 s 6
s 7 om 2014 SL No. 51 s 6
s 8 om 2014 SL No. 51 s 6
s 9 om 2014 SL No. 51 s 6
s 10 amd 2012 SL No. 11 s 4(1); 2012 SL No. 84 s 4(1)
om 2014 SL No. 51 s 6
s 11 om 2014 SL No. 51 s 6
s 12 om 2014 SL No. 51 s 6
s 13 amd 2012 SL No. 11 s 4(2); 2012 SL No. 84 s 4(2)
om 2014 SL No. 51 s 6
s 14 om 2014 SL No. 51 s 6
sch hdg amd 2011 SL No. 192 s 5
sch 10 om 2014 SL No. 51 s 6
pt hdg om 2014 SL No. 51 s 6
s 1 om 2014 SL No. 51 s 6
s 2 om 2014 SL No. 51 s 6
s 3 om 2014 SL No. 51 s 6
pt hdg om 2014 SL No. 51 s 6
s 4 om 2014 SL No. 51 s 6
s 5 om 2014 SL No. 51 s 6
s 6 om 2014 SL No. 51 s 6
s 7 om 2014 SL No. 51 s 6
s 8 om 2014 SL No. 51 s 6
s 9 om 2014 SL No. 51 s 6
s 10 amd 2012 SL No. 11 s 5
om 2014 SL No. 51 s 6
s 11 om 2014 SL No. 51 s 6
sch hdg amd 2011 SL No. 192 s 5
sch 11 om 2014 SL No. 51 s 6
pt hdg om 2014 SL No. 51 s 6
s 1 om 2014 SL No. 51 s 6
s 2 om 2014 SL No. 51 s 6
s 3 om 2014 SL No. 51 s 6
pt hdg om 2014 SL No. 51 s 6
s 4 om 2014 SL No. 51 s 6
s 5 om 2014 SL No. 51 s 6
s 6 om 2014 SL No. 51 s 6
s 7 om 2014 SL No. 51 s 6
s 8 om 2014 SL No. 51 s 6
s 9 amd 2012 SL No. 11 s 6(1)
om 2014 SL No. 51 s 6
s 10 om 2014 SL No. 51 s 6
s 11 om 2014 SL No. 51 s 6
s 12 om 2014 SL No. 51 s 6
s 13 amd 2012 SL No. 11 s 6(2)
om 2014 SL No. 51 s 6
s 14 om 2014 SL No. 51 s 6
sch hdg amd 2011 SL No. 192 s 5
sch 12 om 2014 SL No. 51 s 6
pt hdg om 2014 SL No. 51 s 6
s 1 om 2014 SL No. 51 s 6
s 2 om 2014 SL No. 51 s 6
s 3 om 2014 SL No. 51 s 6
s 4 om 2014 SL No. 51 s 6
pt hdg om 2014 SL No. 51 s 6
s 5 om 2014 SL No. 51 s 6
s 6 om 2014 SL No. 51 s 6
s 7 om 2014 SL No. 51 s 6
s 8 om 2014 SL No. 51 s 6
s 9 om 2014 SL No. 51 s 6
s 10 om 2014 SL No. 51 s 6
s 11 om 2014 SL No. 51 s 6
s 12 om 2014 SL No. 51 s 6
s 13 om 2014 SL No. 51 s 6
s 14 amd 2012 SL No. 11 s 7(1); 2012 SL No.84 s 5(1)
om 2014 SL No. 51 s 6
s 15 om 2014 SL No. 51 s 6
s 16 om 2014 SL No. 51 s 6
s 17 om 2014 SL No. 51 s 6
s 18 amd 2012 SL No. 11 s 7(2); 2012 SL No. 84 s 5(2)
om 2014 SL No. 51 s 6
s 19 om 2014 SL No. 51 s 6
sch hdg amd 2011 SL No. 192 s 5
sch 13 om 2014 SL No. 51 s 6
sch 14 amd 2011 SL No. 192 s 5
om 2014 SL No. 51 s 6
s 1 om 2014 SL No. 51 s 6
s 2 om 2014 SL No. 51 s 6
s 3 om 2014 SL No. 51 s 6
def eligibility period ins 2012 SL No. 76 s 3(1)
def final purchase day ins 2012 SL No. 76 s 3(1)
s 4 amd 2012 SL No. 76 s 3(2)–(3)
om 2014 SL No. 51 s 6
s 4A ins 2012 SL No. 76 s 3(4)
om 2014 SL No. 51 s 6
s 5 om 2014 SL No. 51 s 6
s 6 om 2014 SL No. 51 s 6
s 7 om 2014 SL No. 51 s 6
s 8 amd 2012 SL No. 76 s 3(5)
om 2014 SL No. 51 s 6
s 9 om 2014 SL No. 51 s 6
sch hdg amd 2011 SL No. 192 s 5
sch 15 om 2014 SL No. 51 s 6
section 3 (2)
1The scheme set out in the Australian Government Policy Guidelines for the Subsidised Interest Rate Scheme for Pastoralists and Service Businesses Involved in Live Cattle Exports to Indonesia, published by the Commonwealth Department of Agriculture, Fisheries and Forestry.At the commencement of this item, the guidelines were available at the website of the Australian Government Department of Agriculture <www.agriculture.gov.au>.
2The scheme set out in the document called ‘Farm Finance: Concessional Loans Scheme—Scheme Guidelines for Queensland’, published by the authority.At the commencement of this item, the document was available at the authority’s website at <www.qraa.qld.gov.au>.
3The scheme set out in the document called ‘Drought Concessional Loans Scheme—Scheme Guidelines for Queensland’, published by the authority.At the commencement of this item, the document was available on the authority’s website at <www.qraa.qld.gov.au>.
4The scheme set out in the document called ‘Drought Recovery Concessional Loans Scheme—Scheme Guidelines for Queensland’, published by the authority.At the commencement of this item, the document was available on the authority’s website at <www.qraa.qld.gov.au>.
sch 16 ins 2011 SL No. 192 s 6
amd 2013 SL No. 157 s 3; 2014 SL No. 114 s 3; 2014 SL No. 327 s 3
pt hdg om 2014 SL No. 51 s 6
s 1 om 2014 SL No. 51 s 6
s 2 om 2014 SL No. 51 s 6
s 3 om 2014 SL No. 51 s 6
s 4 om 2014 SL No. 51 s 6
pt hdg om 2014 SL No. 51 s 6
s 5 om 2014 SL No. 51 s 6
s 6 om 2014 SL No. 51 s 6
s 7 om 2014 SL No. 51 s 6
s 8 om 2014 SL No. 51 s 6
s 9 om 2014 SL No. 51 s 6
s 10 om 2014 SL No. 51 s 6
s 11 om 2014 SL No. 51 s 6
s 12 om 2014 SL No. 51 s 6
s 13 om 2014 SL No. 51 s 6
s 14 ins 2012 SL No. 44 s 4
amd 2012 SL No. 84 s 6(1)
om 2014 SL No. 51 s 6
s 15 om 2014 SL No. 51 s 6
s 16 om 2014 SL No. 51 s 6
s 17 om 2014 SL No. 51 s 6
s 18 ins 2012 SL No. 44 s 4
amd 2012 SL No. 84 s 6(2)
om 2014 SL No. 51 s 6
s 19 om 2014 SL No. 51 s 6
sch 17 ins 2012 SL No. 44 s 4
om 2014 SL No. 51 s 6
section 3 (1)
sch 18 ins 2012 SL No. 44 s 4
om 2014 SL No. 51 s 6
sch 19 ins 2012 SL No. 51 s 4
om 2014 SL No. 51 s 6
The objective of the scheme is to assist eligible applicants in offsetting the purchase price of prescribed PPE for eligible veterinary surgeons who may be at significant risk of being exposed to the Hendra virus.
(1)The nature of assistance that may be given to an applicant under the scheme is a rebate to offset the purchase price of prescribed PPE for eligible veterinary surgeons.(2)The following rebates are payable under the scheme—(a)a rebate for the initial purchase of prescribed PPE for an eligible veterinary surgeon (the start-up rebate);(b)a rebate for the purchase of prescribed PPE payable after an approved test of a suspected Hendra virus infection sample has been completed (the replenishment rebate).
In this schedule—applicant means a person applying for financial assistance under the scheme.approved entity means the department in which the repealed Exotic Diseases in Animals Act 1981 was administered immediately before that Act was repealed.approved test means 1 or more tests of a suspected Hendra virus infection sample—(a)carried out by the approved entity for diagnosing the Hendra virus; and(b)for which the approved entity has issued a unique identifying number.•polymerase chain reaction test•virus isolation test•enzyme linked immunosorbent assay test•virus neutralisation testeligible veterinary surgeon, for an applicant, see section 5 (1) (d).official receipt means a receipt including—(a)the name and address of the entity that issued the receipt; and(b)if the entity has an Australian Business Number—the Australian Business Number; and(c)a description of each item to which the receipt relates.prescribed PPE see section 4.replenishment rebate see section 2 (2) (b).scheme means the scheme set out in this schedule.start-up rebate see section 2 (2) (a).suspected Hendra virus infection sample means a sample taken by a veterinary surgeon from a horse that, when the sample was taken—(a)was showing symptoms of disease; and(b)was suspected by the veterinary surgeon of being infected with the Hendra virus.veterinary surgeon see the Veterinary Surgeons Act 1936 , schedule.
Prescribed PPE means—(a)any of the following items of personal protective equipment—•biohazard bag•disposable boot covers•disposable overalls•disposable respirator•duct tape•full face shield•nitrile gloves•safety eyewear•sharps disposal container; or(b)a pack containing any of the items of personal protective equipment mentioned in paragraph (a).Information about the types and use of personal protective equipment for eligible veterinarians is contained in the department’s publication ‘Guidelines for veterinarians handling potential Hendra virus infection in horses_version 4.2’, published in December 2011. As at the commencement of this section, the document was available on the department’s website at <www.daff.qld.gov.au>.
(1)An applicant is eligible for assistance under the scheme if the authority is satisfied that—(a)the applicant is 1 of the following entities conducting a veterinary practice—(i)an individual conducting the veterinary practice on the individual’s own account (a sole trader);(ii)2 or more individuals in a partnership;(iii)a corporation; and(b)the applicant holds an Australian Business Number for the veterinary practice; and(c)the applicant is not—(i)the State, the Commonwealth or another State; or(ii)an instrumentality or agent of the State, the Commonwealth or another State; or(iii)an entity established or operated under an Act that is funded to any extent with moneys of, or otherwise financially assisted by, the State, the Commonwealth or another State; and(d)any of the following persons is a veterinary surgeon (an eligible veterinary surgeon) whose practice of veterinary science relates to horses—(i)for an applicant who is a sole trader—the applicant;(ii)for an applicant that is a partnership—a partner in the partnership;(iii)for any applicant—a person employed, engaged or otherwise acting under the direction of the applicant in the person’s practice of veterinary science; and(e)the eligibility criteria under section 6 or 7 have been met.(2)In this section—veterinary science see the Veterinary Surgeons Act 1936 , section 2A.
6Eligibility criteria for start-up rebate
For an applicant to be eligible for the start-up rebate, the authority must be satisfied that—(a)the applicant bought prescribed PPE on or after 24 March 2012; and(b)the applicant has not already received the start-up rebate.
7Eligibility criteria for replenishment rebate
For an applicant to be eligible for the replenishment rebate, the authority must be satisfied—(a)an eligible veterinary surgeon for the applicant took a suspected Hendra virus infection sample from a horse; and(b)the sample was given to the approved entity for testing for the Hendra virus; and(c)the approved entity completed an approved test of the sample on or after 24 March 2012; and(d)the replenishment rebate has not already been paid for the approved test.
8Amount and payment of assistance
(1)The amount of the start-up rebate payable for an application is the amount paid for prescribed PPE up to a maximum of $250 for each eligible veterinary surgeon to whom the application relates.(2)The start-up rebate can be paid to an applicant only once.(3)The amount of the replenishment rebate is $250 for each approved test that is completed.(4)The replenishment rebate can be paid for an approved test only once.
(1)An application for assistance under the scheme must be—(a)made on the application form approved by the authority; and(b)accompanied by the documents mentioned in the application form.(2)Without limiting subsection (1) (b), an application for the start-up rebate must be accompanied by tax invoices and official receipts for the purchase of the prescribed PPE to which the application relates.(3)The authority may request that an applicant provide further relevant information required to decide the application.(4)An application for assistance under the scheme must be received by the authority no later than 30 June 2016.
The authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme.
ins 2012 SL No. 85 s 5
section 3 (1)
The objective of the scheme is to provide assistance to eligible entities that have suffered direct damage caused by an eligible disaster.s 1 ins 2012 SL No. 176 s 6
amd 2013 SL No. 19 s 6
(1)The purpose of the assistance under the scheme is to help an eligible entity pay for costs arising out of direct damage caused by an eligible disaster.(2)However, assistance under the scheme is not intended to compensate eligible entities for loss of income suffered as a result of an eligible disaster.s 2 ins 2012 SL No. 176 s 6
amd 2013 SL No. 19 s 6
In this schedule—applicant means a person applying for financial assistance under the scheme.appropriate Minister means the Minister responsible for administering the Disaster Management Act 2003 .defined disaster area, for an eligible disaster, means an area—(a)defined by the appropriate Minister for the purpose of activating the natural disaster relief and recovery arrangements for communities affected by the eligible disaster; and(b)described in a document held by the authority and available for inspection by members of the public.At the commencement of this section, defined disaster areas were published on the authority’s website at <www.qraa.qld.gov.au>.def defined disaster area amd 2013 SL No. 19 s 6
development see the Sustainable Planning Act 2009 , section 7.eligible entity means a non-profit organisation eligible for assistance under the scheme.eligible disaster see section 4.def eligible disaster (prev def eligible natural disaster) amd 2013 SL No. 19 s 6
natural disaster relief and recovery arrangements means the funding arrangements agreed between the Commonwealth and the State for providing financial assistance to communities affected by natural disasters.At the commencement of this section, the funding arrangements were described in the document called ‘Natural disaster relief and recovery arrangements—determination 2011 (version 1)’ available on the Australian Government Attorney-General’s Department website at <www.em.gov.au>.non-profit organisation—1A non-profit organisation is an incorporated charitable or other organisation that—(a)is not operating for the profit or gain, either direct or indirect, of its individual members; and(b)provides a benefit to the community.2Paragraph 1(a) applies—(a)while the organisation is operating; and(b)when it winds up, as if it were still operating.3Also, any profit made by the organisation must go back into the operation of the organisation to carry out its purposes and not be distributed to any of its members.official receipt means a receipt including—(a)the name and address of the entity that issued the receipt; and(b)if the entity has an Australian Business Number—the Australian Business Number; and(c)a description of each item to which the receipt relates.scheme means the scheme set out in this schedule.s 3 ins 2012 SL No. 176 s 6
(1)An eligible disaster means any of the following events—(a)a bushfire;(b)a cyclone;(c)an earthquake;(d)a flood;(e)a landslide;(f)a meteorite strike;(g)a storm, including any of, or any combination of, the following—(i)hail;(ii)rain;(iii)wind;(h)a storm surge;(i)a terrorist event;(j)a tornado;(k)a tsunami.(2)However, an eligible disaster does not include an event under subsection (1) if the authority considers that development has significantly contributed to the event.s 4 ins 2012 SL No. 176 s 6
amd 2013 SL No. 19 ss 6, 9
The nature of the assistance under the scheme is the provision of a concessional loan and a grant for re-establishing the normal operation of an eligible entity, including doing any of the following—(a)repairing or replacing damaged plant and equipment;(b)repairing or restoring essential premises, including grounds, amenities and infrastructure;(c)supplying stock for up to 1 month to replace lost stock and maintain liquidity of the eligible entity.
6Maximum loan and grant amounts
(1)Assistance under the scheme is by way of both a loan and a grant.(2)The amount of loan and grant assistance for an applicant under the scheme for an eligible disaster—(a)is based on the authority’s assessment of the applicant’s financial position, including any amount recovered by the applicant under an insurance policy; and(b)must not be more than the amount of the net loss to the applicant caused by the eligible disaster.(3)However—(a)the amount of loan assistance for an applicant under the scheme for an eligible disaster must not be more than $100,000; and(b)the amount of grant assistance for an applicant under the scheme for an eligible disaster must not be more than $5000.(4)The first $30,000 or part of $30,000 of assistance for an applicant under the scheme for an eligible disaster must be in the ratio of loan to grant of 5:1.s 6 ins 2012 SL No. 176 s 6
amd 2013 SL No. 19 s 6; 2014 SL No. 169 s 6
s 7 ins 2012 SL No. 176 s 6
amd 2013 SL No. 19 s 6
om 2014 SL No. 51 s 7
An applicant is eligible for assistance under the scheme if—(a)the applicant is a non-profit organisation; and(b)the applicant has suffered direct damage as a result of an eligible disaster; and(c)the applicant is located in a defined disaster area; and(d)the applicant can not repair or replace assets directly damaged as a result of the eligible disaster or return to the applicant’s normal operations from the applicant’s own resources without assistance under the scheme; and(e)the applicant has used all liquid assets and normal credit sources up to normal credit limits; and(f)the applicant has taken reasonable precautions to avoid or minimise loss or damage from the eligible disaster; andThe applicant has adequate insurance against loss or damage from the eligible disaster.(g)the applicant is responsible for the cost of repairing or replacing the damaged assets; and(h)the applicant demonstrates the ability to repay the loan applied for.s 8 ins 2012 SL No. 176 s 6
amd 2013 SL No. 19 s 6
A loan under the scheme must be secured to the satisfaction of the authority.
(1)The maximum term of a loan under the scheme is 7 years.(2)However, the term of the loan may be increased to not more than 10 years if—(a)the loan has been operative for at least 4 years; and(b)the applicant demonstrates a financial need for the increase in the term of the loan.(3)The applicant may be given a loan under the scheme at a concessional interest rate decided by the authority.At the commencement of this section, the concessional interest rate for a loan under the scheme was 4% a year.
(1)Payment of assistance under the scheme is subject to the conditions stated in subsections (2) and (3).(2)The applicant must, if requested by the authority, provide evidence to the authority from time to time in the form of tax invoices, official receipts for payment, or bank statements, showing—(a)full details of the goods or services acquired; and(b)that all amounts claimed by the applicant under the scheme have been paid by the applicant.(3)If an applicant asks for the authority’s consent to substitute a security for an existing security for the loan and the authority consents to the substitution, the applicant must pay to the authority—(a)the authority’s reasonable fee for giving the consent; and(b)any other reasonable costs of the authority in relation to the substitution.
(1)An application for assistance under the scheme must—(a)be made on the authority’s application form; and(b)be accompanied by the documentation stated on the application; and(c)be given to the authority.(2)The authority may request that an applicant provide further relevant information required to decide the application.
The authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme.
sch 21 ins 2012 SL No. 176 s 6
pt hdg om 2014 SL No. 51 s 6
s 1 om 2014 SL No. 51 s 6
s 2 om 2014 SL No. 51 s 6
s 3 om 2014 SL No. 51 s 6
s 4 om 2014 SL No. 51 s 6
pt hdg om 2014 SL No. 51 s 6
div 1 (s 5) om 2014 SL No. 51 s 6
div 1 (s 5) om 2014 SL No. 51 s 6
div 2 (s 6) om 2014 SL No. 51 s 6
div 2 (s 6) om 2014 SL No. 51 s 6
div 3 (s 7) om 2014 SL No. 51 s 6
div 3 (s 7) om 2014 SL No. 51 s 6
div 4 (ss 8–12) om 2014 SL No. 51 s 6
div 4 (ss 8–12) om 2014 SL No. 51 s 6
div 4 (ss 8–12) om 2014 SL No. 51 s 6
div 4 (ss 8–12) om 2014 SL No. 51 s 6
div 4 (ss 8–12) om 2014 SL No. 51 s 6
div 4 (ss 8–12) om 2014 SL No. 51 s 6
div hdg om 2014 SL No. 51 s 6
s 13 ins 2012 SL No. 195 s 4
amd 2013 SL No. 194 s 4(2)
om 2014 SL No. 51 s 6
s 14 om 2014 SL No. 51 s 6
s 15 om 2014 SL No. 51 s 6
sch 22 ins 2012 SL No. 195 s 4
amd 2013 SL No. 194 s 4(1)
om 2014 SL No. 51 s 6
section 3 (1)
pt hdg ins 2013 SL No. 19 s 10
The objective of the scheme is to support community recovery by providing assistance, under agreements entered into from time to time between the Commonwealth and the State, to eligible entities that have suffered direct damage caused by an eligible disaster.s 1 ins 2013 SL No. 19 s 10
(1)The purpose of the assistance under the scheme is to help an eligible entity pay for costs arising out of direct damage caused by an eligible disaster.(2)However, assistance under the scheme is not intended to compensate eligible entities for loss of income suffered because of an eligible disaster.s 2 ins 2013 SL No. 19 s 10
In this schedule—applicant means an entity applying for assistance under the scheme.appropriate Minister means the Minister responsible for administering the Disaster Management Act 2003 .assistance establishment notice see section 6 (2).closing day, for an application for assistance under the scheme for an eligible disaster, means—(a)the day by which the authority must receive the application as stated in the assistance establishment notice for the eligible disaster; or(b)if the day is changed under section 6B, the day as changed.def closing day sub 2015 SL No. 74 s 4(1)–(2)
defined disaster area, for an eligible disaster, means an area—(a)defined by the appropriate Minister for the purpose of activating the natural disaster relief and recovery arrangements for the communities affected by the disaster; and(b)described in a document held by the authority and available for inspection by members of the public.At the commencement of this section, documents describing defined disaster areas were published on the authority’s website at <www.qraa.qld.gov.au>.disaster zone see section 6A (2).def disaster zone ins 2015 SL No. 74 s 4(2)
eligible disaster see section 4.eligible entity means any of the following eligible under part 4 for assistance under the scheme—(a)a primary producer;(b)a small business owner;(c)a non-profit organisation.eligible entry ...def eligible entry amd 2015 SL No. 74 s 4(3)
exceptional circumstances grant see section 7 (2) (b).exceptional circumstances grant ...def exceptional circumstances grant ins 2015 SL No. 74 s 4(2)
livestock includes poultry.def livestock ins 2015 SL No. 74 s 4(2)
natural disaster relief and recovery arrangements means the funding arrangements agreed between the Commonwealth and the State for providing financial assistance to communities affected by natural disasters.At the commencement of this section, the funding arrangements were described in the following documents available on the Australian Government Disaster Assist website at <www.disasterassist.gov.au>—•Natural disaster relief and recovery arrangements—determination 2012 (version 1)•Natural disaster relief and recovery arrangements guideline 4—Community recovery package guidelines•Natural disaster relief and recovery arrangements guideline 9—Category C assistance: interim assessment framework and forms.non-profit organisation—1A non-profit organisation is an incorporated charitable or other organisation that—(a)is not operating for the profit or gain, either direct or indirect, of its individual members; and(b)provides a benefit to the community.2Paragraph 1(a) applies—(a)while the organisation is operating; and(b)when it winds up, as if it were still operating.3Also, any profit made by the organisation must go back into the operation of the organisation to carry out its purposes and not be distributed to any of its members.official receipt means a receipt including—(a)the name and address of the entity that issued the receipt; and(b)if the entity has an Australian Business Number—the Australian Business Number; and(c)a description of each item to which the receipt relates.primary producer means—(a)a sole trader who—(i)spends the majority of his or her labour on a primary production enterprise; and(ii)either—(A)derives the majority of his or her income from the primary production enterprise; or(B)in the opinion of the authority, based on the demonstrated production potential of the primary production enterprise, will eventually derive the majority of his or her income from the primary production enterprise; or(b)a partnership, company or trust that carries on a primary production enterprise for which the partners, shareholders or beneficiaries—(i)spend the majority of their labour on a primary production enterprise; and(ii)either—(A)derive the majority of their income from the primary production enterprise; or(B)in the opinion of the authority, based on the demonstrated production potential of the primary production enterprise, will eventually derive the majority of their income from the primary production enterprise.primary production enterprise means a business—(a)that involves primary production, including the agricultural, apicultural, aquacultural, commercial wild-catch fishing, forestry, grazing and horticultural industries; and(b)for which an entity holds an Australian Business Number.scheme means the scheme set out in this schedule.small business means a small business under section 5 or 5A.def small business sub 2015 SL No. 74 s 4(1)–(2)
small business owner means a sole trader, partnership, private company or trust that carries on a small business.standard grant see section 7 (2) (a).def standard grant ins 2015 SL No. 74 s 4(2)
stated closing day see section 6A (1) (f).def stated closing day ins 2015 SL No. 74 s 4(2)
s 3 ins 2013 SL No. 19 s 10
(1)An eligible disaster means any of the following events described in an assistance establishment notice—(a)a bushfire;(b)a cyclone;(c)an earthquake;(d)a flood;(e)a landslide;(f)a meteorite strike;(g)a storm, including any, or any combination, of the following—(i)hail;(ii)rain;(iii)wind;(h)a storm surge;(i)a terrorist event;(j)a tornado;(k)a tsunami.(2)However, an eligible disaster does not include an event mentioned in subsection (1) if the authority considers that development has significantly contributed to the event.(3)In this section—development see the Sustainable Planning Act 2009 , section 7.s 4 ins 2013 SL No. 19 s 10
(1)A small business is a business—(a)for which an entity holds an Australian Business Number; and(b)in which are employed fewer than—(i)20 full-time employees; or(ii)if the business has employees other than full-time employees—20 equivalent full-time employees.(2)However, a business is not a small business if—(a)the business is operated by a public company; or(b)the business is a charitable business that, under the natural disaster relief and recovery arrangements, is eligible to receive assistance to clean and restore the business in relation to direct damage caused by an eligible disaster.(3)Also, a business is not a small business if—(a)the business is carried on by a sole trader; and(b)the business has no employees, other than the sole trader; and(c)the sole trader does not derive the majority of the sole trader’s income from the business.(4)For subsection (1) (b), the number of equivalent full-time employees of a business is worked out using the formula—
where—E means the number of equivalent full-time employees of the business.F means the number of full-time employees of the business.P means the total number of hours worked each week by employees other than full-time employees.(5)In this section—charitable business means a business that does not operate to make a profit.full-time employee, of a business, means an individual who ordinarily works for at least 35 hours each week for the business.public company means a public company within the meaning of the Corporations Act.s 5 ins 2013 SL No. 19 s 10
amd 2015 SL No. 74 s 5
5ASmall businesses in development
(1)This section applies if—(a)an individual is developing an enterprise to become a small business under section 5; and(b)in the authority’s opinion, the enterprise will be developed into a small business under section 5 that will be carried on by the individual as a sole trader.(2)The enterprise is taken to be a small business.(3)The individual is taken to be carrying on the small business.(4)Activities carried on for the purpose of the development are taken to be business activities.s 5A ins 2015 SL No. 74 s 6
pt hdg ins 2013 SL No. 19 s 10
sub 2015 SL No. 74 s 7
6Publication of assistance establishment notice
(1)This section applies if the Commonwealth and the State have agreed that assistance should be given under the natural disaster relief and recovery arrangements to eligible entities for an event mentioned in section 4 (1).(2)The Minister may publish, on the authority’s website, a notice (an assistance establishment notice) complying with section 6A for the event.At the commencement of this section, the address of the authority’s website was <www.qraa.qld.gov.au>.s 6 ins 2013 SL No. 19 s 10
sub 2015 SL No. 74 s 7
6ARequirements for assistance establishment notice
(1)The assistance establishment notice must state—(a)a description of the event; and(b)whether either or both of the following are eligible to apply for assistance for the event—(i)primary producers;(ii)small business owners and non-profit organisations; andUnder section 10, an entity may apply for assistance in only 1 capacity.(c)whether assistance for the event is available by way of either or both of the following—(i)a standard grant;(ii)an exceptional circumstances grant; andEven if both grants are available, under section 23 (3) an applicant may apply for only 1 of the grants.(d)the maximum total amount of assistance that may be given to an eligible entity for the event; andSee section 20.(e)whether or not section 18 (3) applies in relation to an application for the assistance and, if so, whether section 18 (3) applies in relation to the total or another stated amount of the assistance; and(f)the day (the stated closing day) by which an application for the assistance must be received by the authority.(2) Subsection (3) applies if, for the natural disaster relief and recovery arrangements, a matter mentioned in any of subsection (1) (b) to (e) applies differently in relation to the assistance for the event for damage suffered in different areas (each of which is a disaster zone) within the defined disaster area.(3)The assistance establishment notice must also state—(a)a description of the location of each disaster zone; and(b)as relevant, the matter mentioned in subsection (1) (b) to (e) as it applies in relation to the assistance for damage suffered in each disaster zone.See sections 18 (2) and (3) and 23 (4).(4)For subsection (3) (a), a disaster zone may be described by reference to a map or plan accompanying the assistance establishment notice.s 6A ins 2015 SL No. 74 s 7
6BAmending assistance establishment notice to change closing day
The Minister may, on or before the stated closing day, amend the assistance establishment notice to change the stated closing day to a later day.s 6B ins 2015 SL No. 74 s 7
pt 3 (ss 7–9) ins 2013 SL No. 19 s 10
sub 2015 SL No. 74 s 7
7Nature of assistance under scheme
(1)The nature of the assistance that may be given under the scheme is a grant to help an eligible entity clean and restore the entity’s—(a)primary production enterprise; or(b)small business; or(c)means for conducting its operations as a non-profit organisation;that has suffered direct damage caused by an eligible disaster.(2)The grant may be for—(a)an amount of up to $10,000 to cover the cost of any of the things to which section 8 (1) (a) to (e) applies (a standard grant); or(b)an amount of up to $25,000 to cover the cost of any of the things to which section 8 (1) (a) to (e) or 9 (1) (b) to (f) applies (an exceptional circumstances grant).pt 3 (ss 7–9) ins 2013 SL No. 19 s 10
sub 2015 SL No. 74 s 7
8Assistance under standard grant
(1)A standard grant for an eligible entity’s primary production enterprise, small business or means for conducting its operations as a non-profit organisation may cover the cost of any of the following things—(a)purchasing, hiring or leasing equipment or materials to clean premises or a property or equipment;(b)removing and disposing of debris or damaged goods;(c)repairing buildings;(d)for a primary production enterprise, any of the following—(i)repairing or reconditioning essential equipment;(ii)repairing or replacing fencing on a property, other than to the extent, if any, the cost may be recovered under other assistance from the Commonwealth or State;•a freight subsidy under the natural disaster relief and recovery arrangements for transporting fencing materials•a concessional loan under the Natural Disaster Relief (Primary Producers) Scheme under schedule 2 for purposes including paying the costs of repair or replacement of fencing(e)for a small business or non-profit organisation, any of the following—(i)repairing or replacing fittings in a building;(ii)engaging a person to conduct a safety inspection of premises.(2)In this section—buildings, for a primary production enterprise, does not include housing.damaged goods, for a primary production enterprise, includes injured or dead livestock.pt 3 (ss 7–9) ins 2013 SL No. 19 s 10
sub 2015 SL No. 74 s 7
9Assistance under exceptional circumstances grant
(1)An exceptional circumstances grant for an eligible entity’s primary production enterprise, small business or means for conducting its operations as a non-profit organisation may cover the cost of any of the following things—(a)a thing to which section 8 (1) (a) to (e) applies;(b)employing a person to clean premises or a property or equipment if—(i)the cost would not ordinarily have been incurred in the absence of an event mentioned in section 4 (1); or(ii)the cost exceeds the cost of employing a person to clean the premises, property or equipment that would ordinarily have been incurred in the absence of an event mentioned in section 4 (1);(c)purchasing, hiring or leasing equipment or materials that are essential to immediately resume farming activities, other business activities or operations as a non-profit organisation;(d)for a primary production enterprise, any of the following—(i)salvaging crops, grain or feed;(ii)maintaining the health of livestock;(iii)purchasing fodder, other than to the extent, if any, the cost may be recovered under other assistance from the Commonwealth or State;•a freight subsidy under the natural disaster relief and recovery arrangements for carting emergency fodder•a concessional loan under the Natural Disaster Relief (Primary Producers) Scheme under schedule 2 for purposes including paying for fodder(iv)replacing essential water that has been used for fire fighting;(v)carting water;(e)for a small business—replacing lost or damaged stock if the replacement is essential to immediately resume business activities;(f)for a small business or non-profit organisation—leasing temporary premises for the purpose of resuming business activities or operations as a non-profit organisation.(2)In this section—employing includes engaging under a contract for services.pt 3 (ss 7–9) ins 2013 SL No. 19 s 10
sub 2015 SL No. 74 s 7
pt hdg ins 2013 SL No. 19 s 10
This part provides for the eligibility of an entity for assistance under the scheme.s 9A ins 2015 SL No. 74 s 8
10Application may be made in 1 capacity only
An entity may apply for assistance under the scheme in only 1 of the following capacities—(a)primary producer;(b)small business owner;(c)non-profit organisation.s 10 ins 2013 SL No. 19 s 10
11Eligibility criteria—primary producer
An applicant who is a primary producer is eligible for assistance under the scheme for an eligible disaster if—(a)an assistance establishment notice states that primary producers are eligible to apply for the assistance; and(b)either—(i)the applicant’s primary production enterprise is located in the defined disaster area for the eligible disaster and has suffered direct damage as a result of the eligible disaster; or(ii)both of the following apply—(A)the applicant’s primary production enterprise is located outside the defined disaster area for the eligible disaster but is carried on at least sometimes on a regular basis in the area;(B)plant or equipment of the primary production enterprise situated in the defined disaster area has been damaged as a result of the eligible disaster; and(c)the applicant was engaged in the primary production enterprise when the eligible disaster happened; and(d)the applicant is primarily responsible for meeting the costs claimed in the application; and(e)the authority is satisfied the applicant intends to re-establish the primary production enterprise in the defined disaster area for the eligible disaster.s 11 ins 2013 SL No. 19 s 10
sub 2015 SL No. 74 s 9
12Eligibility criteria—small business owner
(1)An applicant who is a small business owner is eligible for assistance under the scheme for an eligible disaster if—(a)an assistance establishment notice states that small business owners are eligible to apply for the assistance; and(b)either—(i)the applicant’s small business is located in the defined disaster area for the eligible disaster and has suffered direct damage as a result of the eligible disaster; or(ii)both of the following apply—(A)the applicant’s small business is located outside the defined disaster area for the eligible disaster but is carried on at least sometimes on a regular basis in the area;(B)plant or equipment of the small business situated in the defined disaster area has been damaged as a result of the eligible disaster; and(c)the applicant was engaged in carrying on the small business when the eligible disaster happened; and(d)the applicant is primarily responsible for meeting the costs claimed in the application; and(e)the authority is satisfied the applicant intends to re-establish the small business in the defined disaster area for the eligible disaster.(2)However, an applicant is not eligible for assistance under the scheme for damage to a property the applicant lets to a person for residential or commercial purposes, unless the applicant lets the property in the course of operating a business.At the commencement of this section, the Natural disaster relief and recovery arrangements guideline 4—Community recovery package guidelines relevantly provided for property owners who have incurred loss or damage to an investment property under the heading ‘Rental properties’ at page 19, and attachment C (Assessing a bona-fide property rental business).s 12 ins 2013 SL No. 19 s 10
amd 2015 SL No. 74 s 10
13Eligibility criteria—non-profit organisation
(1)An applicant that is a non-profit organisation is eligible for assistance under the scheme for an eligible disaster if—(a)an assistance establishment notice states that non-profit organisations are eligible to apply for the assistance; and(b)either—(i)the non-profit organisation is located in the defined disaster area for the eligible disaster and its means for conducting its operations have suffered direct damage as a result of the eligible disaster; or(ii)both of the following apply—(A)the non-profit organisation is located outside the defined disaster area for the eligible disaster but is operated at least sometimes on a regular basis in the area;(B)plant or equipment of the non-profit organisation situated in the defined disaster area has been damaged as a result of the eligible disaster; and(c)the applicant was engaged in conducting its operations when the eligible disaster happened; and(d)the applicant is primarily responsible for meeting the costs claimed in the application; and(e)the applicant can not repair or replace assets directly damaged as a result of the eligible disaster from the applicant’s own resources without assistance under the scheme; and(f)the authority is satisfied the applicant intends to re-establish its operations in the defined disaster area for the eligible disaster.(2)However, a non-profit organisation is not eligible for assistance under the scheme for an eligible disaster if—(a)the natural disaster relief and recovery arrangements activated for the eligible disaster include a community recovery fund; and(b)the non-profit organisation has claimed or received a grant under the community recovery fund for the eligible disaster.(3)In this section—community recovery fund means a community recovery fund described in the following documents—•‘Natural disaster relief and recovery arrangements–determination 2012’ (version 1);•‘Natural disaster relief and recovery arrangements guideline 4—category C interim assessment framework’.On the commencement of this section, the documents were available on the Australian Government Disaster Assist website at <www.disasterassist.gov.au>.s 13 ins 2013 SL No. 19 s 10
sub 2015 SL No. 74 s 11
14Additional restrictions on eligibility—non-profit organisation
(1)A non-profit organisation is not eligible for assistance under the scheme for an item for which a claim is made in the application if the non-profit organisation has received or been approved to receive financial assistance, other than partial assistance, under another scheme, whether or not of the Commonwealth government or another government.(2)In this section—partial assistance, in relation to another scheme, means assistance under that scheme to fund part of the cost of the item for which a claim is made in the application.s 14 ins 2013 SL No. 19 s 10
15Eligibility for standard grant
An applicant is eligible for a standard grant for an eligible disaster if—(a)an assistance establishment notice states that assistance for the eligible disaster is available by way of a standard grant; and(b)the applicant has not applied for an exceptional circumstances grant for the eligible disaster.s 15 ins 2013 SL No. 19 s 10
sub 2015 SL No. 74 s 12
16Eligibility for exceptional circumstances grant
An applicant is eligible for an exceptional circumstances grant for an eligible disaster if—(a)an assistance establishment notice states that assistance for the eligible disaster is available by way of an exceptional circumstances grant; and(b)the applicant has not applied for a standard grant for the eligible disaster; and(c)the applicant consents to the authority obtaining information or documents from an insurer about the applicant’s primary production enterprise, small business or means for conducting its operations as a non-profit organisation, to allow the authority to verify the applicant’s entitlements under an insurance policy taken out with the insurer.s 16 ins 2013 SL No. 19 s 10
sub 2015 SL No. 74 s 12
17Effect of insurance on eligibility for exceptional circumstances grant
(1)This section applies to an applicant for assistance for an eligible disaster by way of an exceptional circumstances grant if the applicant receives, or is entitled to receive, an amount under a policy of insurance for a relevant cost relating to direct damage caused by the eligible disaster.(2)The applicant is not eligible to receive assistance under the scheme to cover the relevant cost.(3)In this section—relevant cost means the cost of a thing to which section 8 (1) (a) to (e) or 9 (1) (b) to (f) applies.s 17 ins 2013 SL No. 19 s 10
sub 2015 SL No. 74 s 12
18Financial evidence for application
(1) Subsection (3) applies in relation to an application for assistance under the scheme for an eligible disaster—(a)if the assistance establishment notice for the disaster states subsection (3) applies to the application; and(b)in relation to the amount of the assistance stated in the notice.(2)Also, if an eligible entity applies for assistance for damage suffered in 2 or more disaster zones, and the assistance establishment notice states that subsection (3) applies in relation to any of those zones, then subsection (3) applies to the application in relation to all of the zones.(3)An applicant is eligible for assistance for the eligible disaster only if the applicant provides evidence to the authority, in the form of tax invoices, official receipts for payment or bank statements, that all amounts claimed by the applicant under the scheme have been paid by the applicant.s 18 ins 2013 SL No. 19 s 10
sub 2015 SL No. 74 s 12
pt 5 (s 19) ins 2013 SL No. 19 s 10
sub 2015 SL No. 74 s 12
Payment of assistance under the scheme is subject to the following conditions—(a)an applicant must, until 1 year after the closing day for the applicant’s application for assistance, keep the following records for amounts for which the applicant has received assistance under the scheme—(i)all tax invoices, official receipts, bank statements or other similar records of amounts paid;(ii)all quotations or other similar records of amounts claimed;(b)an applicant must consent to the authority conducting an audit of the records mentioned in paragraph (a) to allow the authority to verify that amounts given to the applicant under the scheme have been used in accordance with the application for assistance.pt 5 (s 19) ins 2013 SL No. 19 s 10
sub 2015 SL No. 74 s 12
pt hdg (prev pt 7 hdg) ins 2013 SL No. 19 s 10
renum 2015 SL No. 74 s 13
20Maximum amount of assistance
Subject to sections 20A to 22, the maximum amount of assistance that may be given under the scheme to an eligible entity for an eligible disaster is the amount stated in the assistance establishment notice for the eligible disaster.s 20 ins 2013 SL No. 19 s 10
amd 2015 SL No. 74 s 14
20AAssistance given for damage in 2 or more disaster zones
(1)This section applies if—(a)assistance is given under the scheme to an eligible entity for damage suffered in 2 or more disaster zones; and(b)the assistance establishment notice states different maximum total amounts of assistance applying to those disaster zones.(2)The maximum total amount of assistance that may be given to the entity is the highest of the amounts mentioned in subsection (1) (b).s 20A ins 2015 SL No. 74 s 15
21Special provisions for primary producers and small business owners
(1)This section applies if—(a)either—(i)an eligible entity that is a primary producer carries on more than 1 primary production enterprise (each a separate business) at separate locations; or(ii)an eligible entity that is a small business owner carries on more than 1 small business (each also a separate business) at separate locations; and(b)the authority is satisfied the separate business would be a commercially viable and autonomous business (an eligible separate business) if the other separate businesses carried on by the eligible entity ceased to operate.(2)The eligible entity may apply for assistance under the scheme for each eligible separate business as if each eligible separate business were a separate primary production enterprise or small business in relation to which the applicant may be eligible for assistance under the scheme.(3)The maximum amount of assistance that may be given under the scheme to an eligible entity for each eligible separate business, for an eligible disaster, is the maximum amount of the assistance stated in the assistance establishment notice under section 6A (1) (d).(4)For subsection (1) (b), the authority may have regard to the following—(a)the staffing arrangements of the separate business;(b)whether the separate business has its own plant, equipment or stock;(c)the accounting and insurance arrangements of the separate business;(d)whether the separate business operates under its own trading name.(5) Subsection (4) does not limit the matters to which the authority may have regard.s 21 ins 2013 SL No. 19 s 10
amd 2015 SL No. 74 s 16
22Special provisions for non-profit organisations
(1)This section applies if—(a)an eligible entity that is a non-profit organisation carries on more than 1 operation (each a separate non-profit operation) as a non-profit organisation; and(b)the authority is satisfied each separate non-profit operation (an eligible separate operation) would continue to run autonomously if other separate non-profit operations carried on by the eligible entity ceased to operate.(2)The eligible entity may apply for assistance under the scheme for each eligible separate operation as if each eligible separate operation were a separate non-profit organisation in relation to which the applicant may be eligible for assistance under the scheme.(3)The maximum amount of assistance that may be given under the scheme to an eligible entity for each eligible separate operation for an eligible disaster is the maximum amount of the assistance stated in the assistance establishment notice under section 6A (1) (d).(4)For subsection (1) (b), the authority may have regard to the following—(a)the staffing arrangements of the separate operation;(b)the accounting and insurance arrangements of the separate operation;(c)whether the separate operation operates under its own trading name;(d)the financial independence and autonomy of the separate operation.(5) Subsection (4) does not limit the matters to which the authority may have regard.s 22 ins 2013 SL No. 19 s 10
amd 2015 SL No. 74 s 17
pt hdg (prev pt 8 hdg) ins 2013 SL No. 19 s 10
renum 2015 SL No. 74 s 18
23Requirements for applications
(1)This section applies to an application for assistance under the scheme for damage caused by an eligible disaster.(2)An application must—(a)be made on the authority’s application form; and(b)be accompanied by the documents stated in the application; and(c)be given to the authority.(3)An applicant may apply for assistance for only 1 of the following—(a)a standard grant;(b)an exceptional circumstances grant.(4)Despite anything in an assistance establishment notice, an application for assistance for damage suffered by the applicant in one disaster zone may also relate to damage suffered by the applicant in another disaster zone.(5)An application must be received by the authority no later than the closing day for the application.(6)The authority may ask an applicant to give further relevant information required to decide the application.s 23 ins 2013 SL No. 19 s 10
sub 2015 SL No. 74 s 19
The authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme.s 24 ins 2013 SL No. 19 s 10
sch 23 ins 2013 SL No. 19 s 10
pt hdg om 2014 SL No. 51 s 6
s 1 om 2014 SL No. 51 s 6
s 2 om 2014 SL No. 51 s 6
s 3 om 2014 SL No. 51 s 6
pt hdg om 2014 SL No. 51 s 6
s 4 om 2014 SL No. 51 s 6
s 5 om 2014 SL No. 51 s 6
s 6 om 2014 SL No. 51 s 6
s 7 om 2014 SL No. 51 s 6
s 8 om 2014 SL No. 51 s 6
s 9 om 2014 SL No. 51 s 6
s 10 om 2014 SL No. 51 s 6
s 11 ins 2013 SL No. 26 s 4
amd 2013 SL No. 157 s 4
om 2014 SL No. 51 s 6
s 12 om 2014 SL No. 51 s 6
sch 24 ins 2013 SL No. 26 s 4
om 2014 SL No. 51 s 6
section 3 (1)
The objective of the scheme is to provide assistance to eligible applicants who, because of an occurrence of bovine Johne’s disease in Queensland, have suffered financial loss as a result of 1 or more of the following—(a)the slaughter of cattle;(b)alternative supply actions affecting cattle;(c)the short-term quarantine of cattle.s 1 sub 2014 SL No. 230 s 3(1)
(1)The purpose of the assistance under the scheme is to help an eligible applicant recover from the financial impact of slaughtering, taking alternative supply actions affecting, or carrying out the short-term quarantine of, cattle under planned slaughter or testing conditions.(2)However, assistance under the scheme is not intended to compensate eligible applicants for losses suffered as a result of slaughtering, taking alternative supply actions affecting, or carrying out the short-term quarantine of, cattle.s 2 amd 2014 SL No. 230 s 3(2)
In this schedule—accepted value, of an animal to which an application relates, means—(a)if the applicant bought the animal—the purchase price for the animal; or(b)otherwise—the value of the animal stated in the latest approved valuation report for the animal.alternative supply actions, affecting cattle, means the actions for managing the cattle stated in the supply chain plan for the cattle.Examples of alternative supply actions—
•feeding, agisting or consigning the cattle to a feedlot•transporting the cattle to an alternative marketanimal means a head of cattle.applicant means a person applying for assistance under the scheme.application means an application for financial assistance under the scheme.approved valuation report means a valuation report prepared—(a)by a person accredited as an A1, A2 or A3 assessor of cattle by AuctionsPlus Pty Ltd ACN 072 403 984; andAt the commencement of this definition, the requirements for gaining A1, A2 and A3 assessor accreditation were stated on AuctionsPlus Pty Ltd’s website at <http://www.auctionsplus.com.au>.(b)in accordance with the Ausvetplan operational procedures.Ausvetplan operational procedures means the document called ‘Austvetplan Operational Procedures Manual Valuation and Compensation’, version 3.0, published by the Primary Industries Ministerial Council in 2006, or any earlier or later version of the document.At the commencement of this definition the document was available on the Animal Health Committee’s website at <www.animalhealthaustralia.com.au>.bovine Johne’s disease means the bovine strains of Mycobacterium avium paratuberculosis.cattle holding means a place where cattle are kept, pastured or grazed.•a farm•a feedlotcertificate of health means a certificate of health that complies with the repealed Stock Regulation 1988 , section 10.direct market assistance see section 5 (a).disease plan, for part 4A, see section 11A.def disease plan ins 2014 SL No. 230 s 3(3)
eligible applicant means an applicant who is eligible for assistance under the scheme.inspector see the repealed Stock Act 1915 , schedule 2.def inspector ins 2013 SL No. 136 s 3(1)
amd 2016 SL No. 75 s 129 sch 12
official receipt means a receipt including—(a)the name and address of the entity that issued the receipt; and(b)if the entity has an Australian Business Number—the Australian Business Number; and(c)a description of each item to which the receipt relates.PDIP guide means the document called ‘Property Disease Investigation Plan’, version 4.1, published by the department on 1 April 2013, or any earlier or later version of the document.At the commencement of this definition the document was available on the department’s website at <www.daff.qld.gov.au>.planned slaughter or testing conditions means conditions—(a)affecting cattle—(i)that are infected, or suspected to be infected with bovine Johne’s disease; and(ii)to which either of the following relate—(A)a notice under the repealed Stock Act 1915 , section 14 (1); or(B)an undertaking under the repealed Stock Act 1915 , section 14 (2); and(b)stated in a property disease investigation plan or property disease eradication plan.def planned slaughter or testing conditions amd 2016 SL No. 75 s 129 sch 12
property disease eradication plan means a written plan for eradicating bovine Johne’s disease by destocking prepared consistently with the PDIP guide.At the commencement of this definition, the processes for destocking under a property disease eradication plan were set out in item 2.9 of the PDIP guide.property disease investigation plan means a written plan for investigating suspected bovine Johne’s disease prepared in accordance with the PDIP guide and the standard definitions rules and guidelines.related entity see section 4.scheme means the scheme set out in this schedule.short-term assistance see section 5 (c).def short-term assistance ins 2014 SL No. 230 s 3(3)
short-term quarantine, of cattle, means the quarantine of cattle for a period of at least 2 months, but not more than 6 months.def short-term quarantine ins 2014 SL No. 230 s 3(3)
standard definitions rules and guidelines means the document called ‘National Johne’s Disease Program Standard Definitions and Rules For Cattle–BJD Standard Definitions, Rules and Guidelines for the control of cattle strains of Mycobacterium paratuberculosis in cattle and for goats, deer and camelids’, version 8, published by the Animal Health Committee in May 2012, or any earlier or later version of the document.At the commencement of this definition the document was available on the Animal Health Committee’s website at <www.animalhealthaustralia.com.au>.supply chain pathway assistance see section 5 (b).supply chain plan means a written plan for managing cattle affected by planned slaughter or testing conditions, stating the actions that have been, are being, or are to be, taken to manage the cattle in response to the conditions.s 3 ins 2013 SL No. 81 s 4
(1)An applicant is a related entity of a person to whom section 7 (e) (i) or (ii) applies if the authority considers—(a)a relationship of a type to which this section applies exists between them; or(b)a series of relationships of a type to which this section applies can be traced between them through another person or other persons.(2)This section applies to relationships between the applicant and the person of any of the following types—(a)a marriage, de facto relationship or civil partnership;(b)a relationship of ascendant and descendant (including the relationship of parent and child) or the relationship of persons who have a parent or grandparent in common;(c)a relationship of employer and employee;(d)a relationship in which the applicant and the person own or control the same—(i)cattle; or(ii)land where cattle are kept; or(iii)infrastructure or equipment for keeping cattle;(e)a relationship in which one of them is accustomed, or under an obligation (whether formal or informal), to act in accordance with the directions, instructions or wishes of the other;(f)a relationship in which one of them is a corporation and the other is in a position to control or substantially influence the corporation’s conduct.s 4 amd 2014 SL No. 230 s 3(4); 2016 SL No. 15 s 22 sch 1
The nature of the assistance that may be given under the scheme is the provision of 1 or more of the following—(a)a grant to help an eligible applicant recover from the financial impact of the slaughter of cattle under planned slaughter or testing conditions (direct market assistance);(b)a grant to help an eligible applicant recover from the financial impact of taking alternative supply actions affecting cattle under planned slaughter or testing conditions (supply chain pathway assistance);(c)a grant (short-term assistance) to help an eligible applicant recover from the financial impact of carrying out the short-term quarantine of cattle under planned slaughter or testing conditions.s 5 amd 2014 SL No. 230 s 3(5)–(6)
6Maximum amount of total assistance under scheme
The maximum amount of the total assistance that may be given to an eligible applicant for all forms of assistance under the scheme is $200,000.See section 11C (2) for the maximum amount of short-term assistance that may be given to an eligible applicant.s 6 amd 2014 SL No. 2 s 3
sub 2014 SL No. 230 s 3(7)
amd 2015 SL No. 8 s 3(1)
An applicant is eligible for assistance under the scheme if—(a)the applicant owns cattle in Queensland; and(b)either—(i)an inspector has given a notice under the repealed Stock Act 1915 , section 14 (1), for any of the cattle because the cattle are infected, or suspected to be infected, with bovine Johne’s disease; or(ii)the applicant has given an undertaking under the repealed Stock Act 1915 , section 14 (2), relating to any of the cattle because of bovine Johne’s disease or suspected bovine Johne’s disease; and(c)the notice or undertaking—(i)was in force on 20 November 2012; or(ii)has been in force at any time since that day; and(d)the applicant is eligible for 1 or more of the following—(i)direct market assistance under section 8;(ii)supply chain pathway assistance under section 10;(iii)short-term assistance under section 11B; and(e)the applicant is not a related entity of a person who—(i)has been granted assistance under the scheme; or(ii)has made an application that has not been decided; and(g)the applicant has not already received the maximum amount of assistance under the scheme; and(h)if the applicant has brought cattle into Queensland from another State on or after 20 November 2010—the applicant has obtained a certificate of health for the cattle.s 7 ins 2013 SL No. 81 s 4
amd 2013 SL No. 136 s 3(2); 2014 SL No. 230 s 3(8)–(10); 2016 SL No. 75 s 129 sch 12
(1)An applicant is eligible for direct market assistance for slaughtering cattle if, in addition to being satisfied of the matters mentioned in section 7, the authority is satisfied—(a)the applicant has prepared a property disease investigation plan or a property disease eradication plan (each a relevant plan) in response to bovine Johne’s disease; and(b)the applicant has slaughtered relevant cattle under the relevant plan.(2)However, the applicant is not eligible for direct market assistance for slaughtering an animal—(a)that was 11 years or older; or(b)in relation to which—(i)assistance under the scheme has already been granted; or(ii)an earlier application has been made but is yet to be decided.(3)In this section—chief inspector see the repealed Stock Act 1915 , schedule 2.relevant cattle means cattle of any of the following categories, required to be slaughtered under planned slaughter or testing conditions under a relevant plan—(a)cattle that have come from a cattle holding where there have been cattle infected with bovine Johne’s disease;In property disease investigation plans, this category of cattle is commonly referred to as ‘trace forward’ cattle.(b)cattle kept on a cattle holding where there are, or have been, other cattle infected with bovine Johne’s disease;(c)cattle from which a blood or faecal sample, taken by an inspector or veterinary surgeon, reacts positively to a test for bovine Johne’s disease that is—(i)of a type approved by the chief inspector; and(ii)conducted by a laboratory accredited by the National Association of Testing Authorities Australia ABN 59 004 379 748 to conduct veterinary testing.veterinary surgeon see the Veterinary Surgeons Act 1936 , schedule.s 8 ins 2013 SL No. 81 s 4
amd 2013 SL No. 136 s 3(3)–(6); 2014 SL No. 230 s 3(11); 2016 SL No. 75 s 129 sch 12
9Amount of direct market assistance
(1)The amount of direct market assistance that may be given to an eligible applicant for the slaughter of an animal to which section 8 (1) (b) applies is the amount that is the relevant percentage of the animal’s accepted value worked out under subsection (2) less the amount of the deduction, if relevant, worked out under subsection (3).(2)For subsection (1), the amount that is the relevant percentage of the animal’s accepted value is—(a)if the accepted value is no more than $2500—25% of the accepted value; or(b)if the accepted value is more than $2500 but no more than $3000—35% of the accepted value; or(c)if the accepted value is more than $3000—50% of the accepted value.(3)If the animal was older than 7 years when slaughtered, the amount worked out under subsection (2) must be reduced by 25% of that amount for each whole year the animal was above that age.An animal had an accepted value of $4000 and was 10 years and 3 months old when slaughtered. Under subsection (2) (c) the amount of assistance would have been $2000 (50% of $4000) but, under subsection (3), is reduced by $1500 (25% of $2000 cumulatively over 3 years). The amount of assistance is therefore $500.(4)This section is subject to section 6.s 9 amd 2014 SL No. 230 s 3(12)
(1)An applicant is eligible for supply chain pathway assistance if, in addition to being satisfied of the matters mentioned in section 7, the authority is satisfied—(a)cattle owned by the applicant are, or have been—(i)subject to planned slaughter or testing conditions; or(ii)kept on a cattle holding where cattle are, or have been, subject to planned slaughter or testing conditions; and(b)the applicant has prepared a supply chain plan for the cattle that has been approved by the chief executive; and(c)the applicant has taken the alternative supply actions affecting the cattle stated in the plan.(2)However, the applicant is not eligible for supply chain pathway assistance for the costs incurred in taking alternative supply actions that affect any of the cattle if—(a)supply chain pathway assistance has already been granted for—(i)the same costs in relation to the cattle; or(ii)the costs incurred in taking alternative supply actions in relation to the cattle under a supply chain plan other than the plan mentioned in subsection (1) (b); or(b)direct market assistance has already been granted in relation to the cattle; or(c)an earlier application has been made in relation to the cattle but is yet to be decided.s 10 amd 2014 SL No. 230 s 3(13)
11Amount of supply chain pathway assistance
(1)The amount of supply chain pathway assistance that may be given to an eligible applicant is half of the amount of the costs incurred by the applicant in carrying out the alternative supply actions to which the application relates.(2)This section is subject to section 6.s 11 amd 2014 SL No. 230 s 3(14)
pt 4A (ss 11A–11C) ins 2014 SL No. 230 s 3(15)
In this part—disease plan means—(a)a property disease investigation plan; or(b)a property disease eradication plan.pt 4A (ss 11A–11C) ins 2014 SL No. 230 s 3(15)
(1)An applicant is eligible for short-term assistance if, in addition to being satisfied of the matters mentioned in section 7, the authority is satisfied—(a)cattle owned by the applicant have been, but are no longer—(i)under short-term quarantine; and(ii)subject to planned slaughter or testing conditions under a disease plan prepared by the applicant in response to bovine Johne’s disease; and(b)the applicant has incurred costs in implementing the disease plan; and(c)the applicant has not already received the maximum amount of short-term assistance that may be given to an eligible applicant.(2)However, the applicant is not eligible for short-term assistance for the costs incurred in carrying out the short-term quarantine of any of the cattle if—(a)short-term assistance has already been granted for—(i)the same costs in relation to the cattle; or(ii)the costs incurred in carrying out the short-term quarantine of the cattle under a disease plan other than the plan mentioned in subsection (1) (a) (ii); or(b)direct market assistance has already been granted in relation to the cattle; or(c)an earlier application has been made in relation to the cattle but is yet to be decided.pt 4A (ss 11A–11C) ins 2014 SL No. 230 s 3(15)
11CAmount of short-term assistance
(1)The amount of short-term assistance that may be given to an eligible applicant is half of the amount of the costs incurred by the applicant in implementing the disease plan.•costs of feeding or agisting the cattle or consigning the cattle to a feedlot•costs of transporting the cattle to an alternative market(2)However, the maximum amount of short-term assistance that may be given to an eligible applicant is $20,000.(3)Also, this section is subject to section 6.pt 4A (ss 11A–11C) ins 2014 SL No. 230 s 3(15)
(1)Payment of assistance under the scheme is subject to the conditions stated in subsections (2) to (6).(2)The applicant must give the authority—(a)each of the following documents that is relevant to the assistance applied for—(i)the property disease investigation plan;(ii)the property disease eradication plan;(iii)the supply chain plan; and(b)any other document the authority reasonably requires to decide whether or not the applicant is a related entity of a person to whom section 7 (e) (i) or (ii) applies.a lease, an agistment contract(3)If the application relates to the slaughter of, alternative supply actions affecting, or the short-term quarantine of, cattle that were brought into Queensland from another State on or after 20 November 2010, the applicant must give the authority the certificate of health for the cattle.(4)If the application is for direct market assistance, the applicant must give the authority evidence of the accepted value of each slaughtered animal in the form of—(a)for an animal bought by the applicant—tax invoices, official receipts for payment or bank statements; or(b)otherwise—the latest valuation report for the animal.(5)If the application is for supply chain pathway assistance, the applicant must give the authority evidence of the costs incurred in carrying out the alternative supply actions in the form of tax invoices, official receipts for payment or bank statements.(5A)If the application is for short-term assistance, the applicant must give the authority evidence of the costs incurred in carrying out the short-term quarantine of the cattle in the form of tax invoices, official receipts for payment or bank statements.(6)The applicant must consent to the authority obtaining from the department information about either of the following relevant to the applicant’s eligibility for assistance—(a)a document mentioned in subsection (2), (3), (4), (5) or (5A);(b)slaughtering cattle.s 12 amd 2014 SL No. 230 s 3(16)–(19)
(1)An application for assistance under the scheme must be—(a)made on the authority’s application form; andA copy of the application form is available on the authority’s website at <www.qraa.qld.gov.au>.(b)accompanied by the documentation stated on the application; and(c)given to the authority.(2)An application for assistance under the scheme must be received by the authority no later than 30 June 2015.(3)The authority may request that an applicant provide further relevant information or documents required to decide the application.s 13 amd 2014 SL No. 92 s 6; 2015 SL No. 8 s 3(2)
(1)Subject to subsection (2), the authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme.(2)The authority must refuse an application for assistance if the authority’s assistance funds for the scheme are not sufficient to pay for the assistance.
ins 2013 SL No. 81 s 4
section 3 (1)
pt hdg ins 2015 SL No. 125 s 10
1Purpose of financial assistance
(1)This section states the purpose of financial assistance that may be given under this scheme.(2)The purpose is to offset the impact on holders of particular commercial fishing boat licences of the surrender of the licence as a result of a prohibition on commercial fishers about the possession or use of a cast net, mesh net, seine net or set pocket net in the following regulated waters—(a)Yeppoon–Keppel Bay–Fitzroy River–Capricorn Coast waters;(b)St Helens Beach–Cape Hillsborough–North of Mackay waters;(c)Trinity Bay–Cairns waters.See the Fisheries Regulation 2008 , chapter 2, part 12A (Declaration about commercial fishers possessing or using particular nets for taking fish for trade or commerce).s 1 ins 2015 SL No. 125 s 10
pt hdg ins 2015 SL No. 125 s 10
div hdg ins 2015 SL No. 125 s 10
(1)A relevant licence is a commercial fishing boat licence—(a)in relation to which the following are satisfied—(i)at 5pm on 16 August 2015 a class 1 fishery symbol was written on the licence;(ii)under the symbol, the holder of the licence could use a qualifying net to take fish in part or all of the Yeppoon–Keppel Bay–Fitzroy River–Capricorn Coast waters or St Helens Beach–Cape Hillsborough–North of Mackay waters regulated waters; or(b)in relation to which the following are satisfied—(i)at 5pm on 16 August 2015 the licence had fishery symbol ‘N1’, ‘N2’ or ‘N11’ written on it;(ii)at 5pm on 16 August 2015 the licence related to a boat for which, under the Fisheries Regulation 2008 , there was boat mark FHND, FNCX, FUPR, FXHN or FXTH;(iii)under the symbol, or otherwise under the Fisheries Regulation 2008 , the holder of the licence could use a qualifying net to take fish in part or all of the Trinity Bay–Cairns waters regulated waters.(2) Subsections (1) (a) (i) and (b)(i) apply whether or not—(a)another fishery symbol is written on the licence; or(b)the licence is suspended.(3)In this section—boat mark see the Fisheries Regulation 2008 , section 228.s 2 ins 2015 SL No. 125 s 10
3Who is the holder of a relevant licence
The holder, of a relevant licence, is the person to whom it is issued or transferred, other than by a temporary transfer under the Fisheries Act 1994 , section 65C.s 3 ins 2015 SL No. 125 s 10
4Who is the relevant holder for a surrender offer
The relevant holder, for a surrender offer, is the holder of the relevant licence to which the offer relates.s 4 ins 2015 SL No. 125 s 10
A surrender offer is an offer, included in an application, to surrender a relevant licence.s 5 ins 2015 SL No. 125 s 10
6What is the relevant amount for a surrender offer
(1)The relevant amount, for a surrender offer, is the total of—(a)the amount stated in the table in section 19 for a commercial fishing boat licence; and(b)the total of the amounts stated in the table for the class 1 fisheries symbols that—(i)were written on the licence to which the offer relates at 5pm on 16 August 2015; and(ii)are written on the licence when the licence is surrendered; and(c)the total of the amounts stated in the table for the class 2 fisheries symbols that—(i)were written on the licence at 5pm on 16 August 2015; and(ii)are written on the licence when the licence is surrendered.(2)The relevant amount is exclusive of GST.s 6 ins 2015 SL No. 125 s 10
div hdg ins 2015 SL No. 125 s 10
In this schedule—application means an application under this scheme.approved form means a form approved by the authority.class 1 fishery symbol means fishery symbol ‘N1’, ‘N2’, ‘N4’, ‘N10’, ‘N11’, ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’ or ‘K8’.class 2 fishery symbol means fishery symbol ‘C1’, ‘C2’, ‘L1’, ‘L2’, ‘L3’, ‘L4’, ‘L8’, ‘M1’, ‘N3’, ‘T1’, ‘T2’, ‘T5’, ‘T6’, ‘T7’, ‘T8’, ‘T9’, ‘S’, ‘RQ(0)’, ‘RQ(1)’, ‘RQ(2)’, ‘RQ(3)’, ‘RQ(4)’, ‘SM’, ‘SM(1)’, ‘SM(2)’, ‘SM(3)’, ‘SM(4)’ or ‘P’.commercial fishing boat licence means a commercial fishing boat licence under the Fisheries Regulation 2008 .fishery symbol see the Fisheries Regulation 2008 , schedule 11, part 2.holder, of a relevant licence, see section 3.invitation notice, for an offer, means the notice published under section 9 for the offer.qualifying net means a cast net, mesh net, seine net or set pocket net.regulated waters means regulated waters mentioned in the Fisheries Regulation 2008 , chapter 2, part 12A.relevant amount, for a surrender offer, see section 6.relevant holder, for a surrender offer, see section 4.relevant licence see section 2.scheme means the scheme set out in this schedule.surrender, of a relevant licence, means surrender of the licence under the Fisheries Act 1994 , section 72.surrender offer see section 5.s 7 ins 2015 SL No. 125 s 10
pt hdg ins 2015 SL No. 125 s 10
div hdg ins 2015 SL No. 125 s 10
8Nature of financial assistance
The nature of financial assistance that may be given under this scheme to a relevant holder whose surrender offer is accepted by the authority is the payment to the holder of the relevant amount for the offer.s 8 ins 2015 SL No. 125 s 10
div hdg ins 2015 SL No. 125 s 10
(1)The authority must invite surrender offers from the relevant holders by publishing on the authority’s website a notice complying with subsections (2) to (4).(2)The notice must state that the authority invites each holder of a commercial fishing boat licence under the Fisheries Regulation 2008 to make an offer under the scheme, in the approved form of application, for the surrender of the holder’s licence, if the following requirements are met—(a)at 5pm on 16 August 2015 the licence had fishery symbol ‘N1’, ‘N2’, ‘N4’, ‘N10’, ‘N11’, ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’ or ‘K8’ written on it;(b)under the symbol, the holder used a cast net, mesh net, seine net or set pocket net to take fish in either or both of the following regulated waters declared under that regulation—(i)Yeppoon–Keppel Bay–Fitzroy River–Capricorn Coast waters; or(ii)St Helens Beach–Cape Hillsborough–North of Mackay waters;(c)during the year 2012, 2013 or 2014 a holder of the licence used a cast net, mesh net, seine net or set pocket net to take fish under the symbol in either or both of the regulated waters;(d)the use of the net mentioned in paragraph (c) is recorded in a fishery logbook for the licence received by the department before 1 April 2015.(3)The notice must also state that the authority invites each holder of a commercial fishing boat licence under the Fisheries Regulation 2008 to make an offer under this scheme, in the approved form of application, for the surrender of the holder’s licence, if the following requirements are met—(a)at 5pm on 16 August 2015 the licence—(i)had fishery symbol ‘N1’, ‘N2’ or ‘N11’ written on it; and(ii)related to a boat for which, under that regulation, there was boat mark FHND, FNCX, FUPR, FXHN or FXTH;(b)under the fishery symbol, or otherwise under that regulation, the holder could use a cast net, mesh net, seine net or set pocket net to take fish in part or all of the Trinity Bay–Cairns waters regulated waters;(c)during the year 2012, 2013 or 2014 a holder of the licence could use a cast net, mesh net, seine net or set pocket net to take fish in part or all of the regulated waters under the fishery symbol or otherwise under that regulation.(4)The notice must also state—(a)that the holder can not apply for assistance under the scheme if the holder has been paid any compensation under the Fisheries Act 1994 , part 5, division 1A in relation to part or all of the prohibition under the Fisheries Regulation 2008 , section 123B; and(b)the day on and from which an application can be made; and(c)that an application must be given to the authority by the end of 2 December 2015; and(d)that the notice is given under the Rural and Regional Adjustment Regulation 2011 , schedule 26.s 9 ins 2015 SL No. 125 s 10
div hdg ins 2015 SL No. 125 s 10
10Person can not apply under scheme if any compensation paid
(1)This section applies if a person has been paid any compensation under the Fisheries Act 1994 , part 5, division 1A in relation to part or all of the regulated waters prohibition.(2)The person can not apply for assistance under this scheme.(3)In this section—regulated waters prohibition means the prohibition about the possession or use of a qualifying net under the Fisheries Regulation 2008 , section 123B.s 10 ins 2015 SL No. 125 s 10
div hdg ins 2015 SL No. 125 s 10
A person is eligible for assistance under this scheme if—(a)the person makes an application by the end of 2 December 2015; and(b)the requirements under section 9 applying to the offer included in the application have been met; and(c)from when the offer is made until it is accepted the person is the relevant holder for the offer; and(d)the person complies with the conditions of the assistance imposed under section 16.s 11 ins 2015 SL No. 125 s 10
div hdg ins 2015 SL No. 125 s 10
12Authority must accept or reject offer
(1)This section applies if—(a)a person makes an application by the end of 2 December 2015; and(b)it is after 2 December 2015.(2)The authority, for the State, must by written notice to the applicant—(a)do both of the following—(i)accept the applicant’s surrender offer;(ii)state that the applicant will be paid a stated amount as payment for the surrender offer; or(b)state that the State has refused to accept the applicant’s surrender offer, and the reasons for the refusal.s 12 ins 2015 SL No. 125 s 10
13State not required to accept surrender offer
The State is not required to accept a surrender offer.s 13 ins 2015 SL No. 125 s 10
14Surrender offer may be accepted only if sufficient funds
The authority, for the State, may accept a surrender offer only if the authority’s assistance funds for the scheme are sufficient to pay the relevant amount for the offer.s 14 ins 2015 SL No. 125 s 10
15Priority of consideration for acceptance of surrender offers according to history of use of qualifying nets
(1)Surrender offers by relevant holders must be considered for acceptance in the following decreasing order of priority—(a)from the relevant holder with the highest number of qualifying nets use days;(b)to the relevant holder with the lowest number of qualifying nets use days.(2)The number of qualifying net use days, for a relevant holder, is worked out by using the following steps—(a)step 1—for each zone, work out the number of logged days during the year 2012, 2013 or 2014 that a holder of the relevant licence used a qualifying net to take fish in the zone under a class 1 fishery symbol written on the relevant licence;(b)step 2—total the number of logged days worked out under step 1 for the respective zones.(3)For subsection (2), the use in a zone on the same day of different qualifying nets counts as only 1 day’s use of a qualifying net in the zone.(4)In this section—logged means recorded in a fishery logbook for the licence received by the department before 1 April 2015.zone means any of the following regulated waters—(a)Yeppoon–Keppel Bay–Fitzroy River–Capricorn Coast waters;(b)St Helens Beach–Cape Hillsborough–North of Mackay waters;(c)Trinity Bay–Cairns waters.s 15 ins 2015 SL No. 125 s 10
div hdg ins 2015 SL No. 125 s 10
16Conditions of assistance for surrender offer
(1)This section applies if the authority, by notice under section 12 (2) (a), accepts a surrender offer made by a relevant holder.(2)It is a condition of the assistance that—(a)each class 1 fishery symbol that was written on the relevant licence at 5pm on 16 August 2015 is written on the licence when it is surrendered; and(b)the relevant holder must, on or before the day stated in the surrender offer for the surrender of the relevant licence, give the authority—(i)the relevant holder’s commercial fishing boat licence; and(ii)a notice of surrender of the licence, in the approved form, under the Fisheries Act 1994 , section 72.(3)If the relevant holder complies with subsection (2), payment under this scheme must be made under the terms of the surrender offer.s 16 ins 2015 SL No. 125 s 10
(1)An application for assistance under this scheme must—(a)be in the approved form; and(b)be accompanied by any other documents stated in the approved form; and(c)be given to the authority by the end of 2 December 2015.(2)The approved form must include provision for the applicant to make a surrender offer.(3)A surrender offer may be made to the authority only under subsection (1).(4)The authority may ask an applicant for further relevant information required to consider the application.(5)A person who has made an application may withdraw the application before 3 December 2015 by giving the authority a written request for the withdrawal.s 17 ins 2015 SL No. 125 s 10
The authority must consider, and decide to approve, or refuse to approve, each application including by—(a)considering the surrender offer included in the application; and(b)deciding to accept or reject the offer.s 18 ins 2015 SL No. 125 s 10
pt hdg ins 2015 SL No. 125 s 10
19Table for s 6(1) for working out relevant amount
This section is for section 6 (1).
Commercial fishing boat licence
$18,000
Class 1 fishery symbol
$
N1
48,000
N2
90,000
N4
96,000
N10
60,000
N11
6,000
K1
60,000
K2
60,000
K3
60,000
K4
60,000
K5
60,000
K6
60,000
K7
60,000
K8
60,000
Class 2 fishery symbol
$
C1
36,000
C2
12,000
L1
12,000
L2
12,000
L3
12,000
L4
24,000
L8
54,000
M1
30,000
T2
24,000
T9
24,000
N3
90,000
T1
30,000
T5
24,000
T6
24,000
T7
24,000
T8
24,000
S
12,000
RQ(0)
18,000
RQ(1)
24,000
RQ(2)
30,000
RQ(3)
36,000
RQ(4)
42,000
SM
24,000
SM(1)
24,000
SM(2)
30,000
SM(3)
36,000
SM(4)
42,000
P
30,000
s 19 ins 2015 SL No. 125 s 10
sch 26 prev sch 26 ins 2013 SL No. 194 s 5
om 2014 SL No. 51 s 6
pres sch 26 ins 2015 SL No. 125 s 10
Schedule 27 Payments to holders of commercial fisher licences for prohibition on possession or use of particular nets scheme
section 3 (1)
pt hdg ins 2015 SL No. 125 s 10
1Purpose of financial assistance
(1)This section states the purpose of financial assistance that may be given under this scheme.(2)The purpose is to provide a fair and reasonable payment to the holder of a particular commercial fisher licence to whom a prohibition about possessing or using a cast net, mesh net, seine net or set pocket net to take fish in the following regulated waters applies—(a)Yeppoon–Keppel Bay–Fitzroy River–Capricorn Coast waters;(b)St Helens Beach–Cape Hillsborough–North of Mackay waters;(c)Trinity Bay–Cairns waters.See the Fisheries Regulation 2008 , chapter 2, part 12A (Declaration about commercial fishers possessing or using particular nets for taking fish for trade or commerce).s 1 ins 2015 SL No. 125 s 10
pt hdg ins 2015 SL No. 125 s 10
div hdg ins 2015 SL No. 125 s 10
2Who is the relevant holder for an application
The relevant holder, for an application, is the person to whom the commercial fisher licence to which the application relates is issued.s 2 ins 2015 SL No. 125 s 10
(1)The relevant amount for an application is worked out under this section.(2)Yeppoon–Keppel Bay–Fitzroy River–Capricorn Coast waters regulated waters is a zone and the base amount for the zone is $500.(3)St Helens Beach–Cape Hillsborough–North of Mackay waters regulated waters is also a zone and the base amount for the zone is $500.(4)Trinity Bay–Cairns waters regulated waters is also a zone and the base amount for the zone is $1000.(5)For each zone, multiply the base amount for the zone by the applicant’s average net use days for the zone (each the zone amount).(6)The relevant amount payable to the applicant is the total of the zone amounts.(7)The applicant’s average net use days, for a zone, is worked out by—(a)taking the number of logged days during the year 2012, 2013 or 2014 that the applicant used a qualifying net to take fish in the zone under a relevant fishery symbol; and(b)dividing by 3.(8)For subsection (7) (a), the use in a zone on the same day of different qualifying nets counts as only 1 day’s use of a qualifying net in the zone.(9)In this section—logged means recorded in a fishery logbook received by the department before 1 April 2015.qualifying net means a cast net, mesh net, seine net or set pocket net.s 3 ins 2015 SL No. 125 s 10
div hdg ins 2015 SL No. 125 s 10
In this schedule—application means an application under this scheme.approved form means a form approved by the authority.commercial fisher licence means a commercial fisher licence under the Fisheries Regulation 2008 .fishery symbol see the Fisheries Regulation 2008 , schedule 11, part 2.regulated waters means regulated waters mentioned in the Fisheries Regulation 2008 , chapter 2, part 12A.relevant fishery symbol means fishery symbol ‘N1’, ‘N2’, ‘N4’, ‘N10’, ‘N11’, ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’ or ‘K8’.relevant holder, for an application, see section 2.scheme means the scheme set out in this schedule.zone see section 3 (2), (3) or (4).s 4 ins 2015 SL No. 125 s 10
pt hdg ins 2015 SL No. 125 s 10
div hdg ins 2015 SL No. 125 s 10
5Nature of financial assistance
The nature of financial assistance that may be given under this scheme to a relevant holder whose application is approved by the authority is the payment to the relevant holder of the relevant amount.s 5 ins 2015 SL No. 125 s 10
div hdg ins 2015 SL No. 125 s 10
(1)The authority must invite applications from relevant holders for a payment under this scheme by publishing on the authority’s website a notice complying with subsections (2) to (4).(2)The notice must state that the authority invites each holder of a commercial fisher licence under the Fisheries Regulation 2008 to apply, in the approved form, to the authority for a payment under this scheme, if the following requirements are met—(a)during the year 2012, 2013 or 2014 the holder used a cast net, mesh net, set pocket net or seine net to take fish under the licence while using a commercial fishing boat under a commercial fishing boat licence with fishery symbol ‘N1’, ‘N2’, ‘N4’, ‘N10’, ‘N11’, ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’ or ‘K8’ written on it;(b)the use of the net mentioned in paragraph (a) was in either or both of the following regulated waters declared under that regulation—(i)the Yeppoon–Keppel Bay–Fitzroy River–Capricorn Coast waters;(ii)St Helens Beach–Cape Hillsborough–North of Mackay waters;(c)the use of the net mentioned in paragraphs (a) and (b) is recorded in a fishery logbook received by the department before 1 April 2015.(3)The notice must also state that the authority invites each holder of a commercial fisher licence under the Fisheries Regulation 2008 to apply, in the approved form, for a payment under this scheme, if the following requirements are met—(a)during the year 2012, 2013 or 2014 the holder used a cast net, mesh net, set pocket net or seine net to take fish under the licence while using a commercial fishing boat under a commercial fishing boat licence—(i)with fishery symbol ‘N1’, ‘N2’ or ‘N11’ written on it; and(ii)that relates to a boat for which, under that regulation, there is boat mark FHND, FNCX, FTTZ, FUPR, FXHN or FXTH;(b)the use of the net mentioned in paragraph (a) was in the Trinity Bay–Cairns regulated waters;(c)the use of the net mentioned in paragraphs (a) and (b) is recorded in a fishery logbook received by the department before 1 April 2015.(4)The notice must also state—(a)that the holder can not apply for assistance under the scheme if the holder has been paid any compensation under the Fisheries Act 1994 , part 5, division 1A in relation to part or all of the prohibition under the Fisheries Regulation 2008 , section 123B; and(b)the day on and from which an application can be made; and(c)that an application must be given to the authority by the end of 2 December 2015; and(d)that the notice is given under the Rural and Regional Adjustment Regulation 2011 , schedule 27.s 6 ins 2015 SL No. 125 s 10 (amd 2015 SL No. 148 s 4(1))
div hdg ins 2015 SL No. 125 s 10
7Person can not apply under scheme if any compensation paid
(1)This section applies if a person has been paid any compensation under the Fisheries Act 1994 , part 5, division 1A in relation to part or all of the regulated waters prohibition.(2)The person can not apply for assistance under this scheme.(3)In this section—regulated waters prohibition means the prohibition about the possession or use of a qualifying net under the Fisheries Regulation 2008 , section 123B.s 7 ins 2015 SL No. 125 s 10
div hdg ins 2015 SL No. 125 s 10
(1)A person is eligible for assistance under this scheme if—(a)the person makes an application by the end of 2 December 2015; and(b)the requirements under section 6 applying to the offer included in the application have been met.(2)A person is not ineligible for assistance under this scheme only because the person relies on—(a)a commercial fishing boat licence that has a fishery symbol written on it that is in addition to a fishery symbol mentioned in section 6; or(b)a commercial fisher licence that is suspended.s 8 ins 2015 SL No. 125 s 10
9Authority must approve or refuse to approve application and give notice to applicant
(1)This section applies if—(a)a person makes an application by the end of 2 December 2015; and(b)it is after 2 December 2015.(2)The authority, for the State, must by written notice to the applicant—(a)approve the application and advise that the applicant will be paid a stated amount as payment for the application; or(b)refuse to approve the application and state the reasons for the refusal.s 9 ins 2015 SL No. 125 s 10
10Payment of relevant amount only if sufficient funds
The authority, for the State, may approve an application only if the authority’s assistance funds for applications are sufficient to pay the relevant amount for the application.s 10 ins 2015 SL No. 125 s 10 (amd 2015 SL No. 148 s 4(2))
11Priority of consideration for approval of applications according to order received
Applications by relevant holders must be considered for approval in the order they were received by the authority.s 11 ins 2015 SL No. 125 s 10 (amd 2015 SL No, 148 s 4(3))
(1)An application for assistance under this scheme must—(a)be in the approved form; and(b)be accompanied by any other documents stated in the approved form; and(c)be given to the authority by the end of 2 December 2015.(2)The authority may ask an applicant for further relevant information required to consider the application.(3)A person who has made an application may withdraw the application before 3 December 2015 by giving the authority a written request for the withdrawal.s 12 ins 2015 SL No. 125 s 10
The authority must consider, and decide to approve or refuse to approve, each application.s 13 ins 2015 SL No. 125 s 10
sch 27 ins 2015 SL No. 125 s 10
section 3 (1)
pt hdg ins 2015 SL No. 148 s 7
1Purpose of financial assistance
(1)This section states the purpose of financial assistance that may be given under this scheme.(2)The purpose is to provide a fair and reasonable payment, in addition to a payment under the scheme in schedule 27, to particular holders of particular commercial fisher licences—(a)who are eligible for assistance under section 8; and(b)to whom a prohibition about possessing or using a cast net, mesh net, seine net or set pocket net to take fish in the following regulated waters applies—(i)Yeppoon-Keppel Bay-Fitzroy River-Capricorn Coast waters;(ii)St Helens Beach-Cape Hillsborough-North of Mackay Waters;(iii)Trinity Bay-Cairns waters.See the Fisheries Regulation 2008 , chapter 2, part 12A (Declaration about commercial fishers possessing or using particular nets for taking fish for trade or commerce).s 1 ins 2015 SL No. 148 s 7
pt hdg ins 2015 SL No. 148 s 7
div hdg ins 2015 SL No. 148 s 7
2Who is the relevant holder for the application
The relevant holder, for an application, is the person to whom the commercial fisher licence to which the application relates is issued.s 2 ins 2015 SL No. 148 s 7
(1)The relevant amount for an application is the amount worked out by—(a)dividing the applicant’s total net use days by the eligible persons’ total net use days; and(b)multiplying by 1,500,000.(2)For subsection (1) (a), the applicant’s total net use days is worked out by using the following steps—(a)step 1—for each zone, work out the number of logged days during the year 2012, 2013 or 2014 that the applicant used a qualifying net to take fish in the zone under a relevant fishery symbol;(b)step 2—total the number of logged days worked out under step 1 for the respective zones.(3)For subsection (1) (a), the eligible persons’ total net use days is worked out by using the following steps—(a)step 1—for each zone, work out the number of logged days during the year 2012, 2013 or 2014 that each eligible person used a qualifying net to take fish in the zone under a relevant fishery symbol;(b)step 2—total the number of logged days worked out under step 1 for the respective zones.(4)For subsections (2) (a) and (3) (a), a person’s use in a zone on the same day of different qualifying nets counts as only 1 day’s use of a qualifying net in the zone by the person.(5)In this section—eligible person means a person who is eligible to apply under section 6.zone means any of the regulated waters.s 3 ins 2015 SL No. 148 s 7
div hdg ins 2015 SL No. 148 s 7
In this schedule—application means an application under this scheme.approved form means a form approved by the authority.commercial fisher licence means a commercial fisher licence under the Fisheries Regulation 2008 .fishery symbol see the Fisheries Regulation 2008 , schedule 11, part 2.logged means recorded in a fishery logbook received by the department before 1 April 2015.qualifying net means a cast net, mesh net, seine net or set pocket net.regulated waters means regulated waters mentioned in the Fisheries Regulation 2008 , chapter 2, part 12A.relevant fishery symbol means fishery symbol ‘N1’, ‘N2’, ‘N4’, ‘N10’, ‘N11’, ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’ or ‘K8’.scheme means the scheme set out in this schedule.s 4 ins 2015 SL No. 148 s 7
pt hdg ins 2015 SL No. 148 s 7
div hdg ins 2015 SL No. 148 s 7
5Nature of financial assistance
The nature of financial assistance that may be given under this scheme to a relevant holder whose application is approved by the authority is the payment to the relevant holder of the relevant amount.s 5 ins 2015 SL No. 148 s 7
div hdg ins 2015 SL No. 148 s 7
(1)The authority must invite applications for a payment under this scheme by publishing on the authority’s website a notice complying with subsections (2) and (3).(2)The notice must state that the authority invites each holder of a commercial fisher licence under the Fisheries Regulation 2008 to apply, in the approved form, to the authority for a payment under this scheme if—(a)the applicant meets—(i)requirements set out in schedule 27, section 6 (2) (a) to (c); or(ii)the requirements in schedule 27, section 6 (3) (a) to (c); and(b)the applicant’s total net use days worked out under section 3 (2) is at least 60 days; and(c)the applicant’s total net use days worked out under section 3 (2) represents at least 50% of the applicant’s overall net use days.(3)The notice must also state—(a)that the holder can not apply for assistance under the scheme if the holder has been paid any compensation under the Fisheries Act 1994 , part 5, division 1A in relation to part or all of the prohibition under the Fisheries Regulation 2008 , section 123B; and(b)the day on and from which an application can be made; and(c)that an application must be given to the authority by the end of 2 December 2015; and(d)that the notice is given under the Rural and Regional Adjustment Regulation 2011 , schedule 28.(4)In this section—applicant’s overall net use days means the number of logged days during the year 2012, 2013 or 2014 the applicant used a qualifying net to take fish under a relevant fishery symbol in any waters for which the applicant held a licence under the Fisheries Regulation 2008 to take the fish.s 6 ins 2015 SL No. 148 s 7
div hdg ins 2015 SL No. 148 s 7
7Person can not apply under scheme if any compensation paid
(1)This section applies if a person has been paid any compensation under the Fisheries Act 1994 , part 5, division 1A in relation to part or all of the regulated waters prohibition.(2)The person can not apply for assistance under this scheme.(3)In this section—regulated waters prohibition means the prohibition about possession or use of a qualifying net under the Fisheries Regulation 2008 , section 123B.s 7 ins 2015 SL No. 148 s 7
div hdg ins 2015 SL No. 148 s 7
(1)A person is eligible for assistance under this scheme if—(a)the person makes an application by the end of 2 December 2015; and(b)the requirements under section 6 applying to the offer included in the application have been met.(2)A person is not ineligible for assistance under this scheme only because the person relies on a commercial fisher licence that is suspended.s 8 ins 2015 SL No. 148 s 7
9Authority must approve or refuse to approve application and give notice to applicant
(1)This section applies if—(a)a person makes an application by the end of 2 December 2015; and(b)it is after 2 December 2015.(2)The authority, for the State, must consider the application and by written notice to the applicant—(a)approve the application and advise that the applicant will be paid a stated amount; or(b)refuse to approve the application and state the reasons for the refusal.s 9 ins 2015 SL No. 148 s 7
10Payment of relevant amount only if sufficient funds
The authority, for the State, may approve an application only if the authority’s assistance funds for applications are sufficient to pay the relevant amount for the application.s 10 ins 2015 SL No. 148 s 7
11Priority of consideration for acceptance of applications according to order received
Applications by relevant holders must be considered for approval in the order they were received by the authority.s 11 ins 2015 SL No. 148 s 7
(1)An application for assistance under this scheme must—(a)be in the approved form; and(b)be accompanied by any other documents stated in the approved form; and(c)be given to the authority by the end of 2 December 2015.(2)The authority may ask an applicant for further relevant information required to consider the application.(3)A person who has made an application may withdraw the application before 3 December 2015 by giving the authority a written request for the withdrawal.s 12 ins 2015 SL No. 148 s 7
sch 28 ins 2015 SL No. 148 s 7
section 3(1)
pt hdg ins 2016 SL No. 125 s 5
(1)The objective of the scheme is to reduce the potential for overfishing due to an increase in commercial fishing in waters near particular regulated waters, arising from the prohibition on commercial fishers about the possession or use of a cast net, mesh net, seine net or set pocket net (each a qualifying net) in the particular regulated waters.(2)In this section—particular regulated waters means the following regulated waters under the Fisheries Regulation 2008—(a)Yeppoon–Keppel Bay–Fitzroy River–Capricorn Coast waters;(b)St Helens Beach–Cape Hillsborough–North of Mackay waters;(c)Trinity Bay–Cairns waters.See the Fisheries Regulation 2008 , chapter 2, part 12A.s 1 ins 2016 SL No. 125 s 5
2Purpose of financial assistance
The purpose of the scheme is to pay each holder of particular commercial fishing boat licences whose surrender offer is accepted by the authority the prescribed amount for the surrender of the licence.s 2 ins 2016 SL No. 125 s 5
pt hdg ins 2016 SL No. 125 s 5
div hdg ins 2016 SL No. 125 s 5
(1)A relevant licence is a commercial fishing boat licence that has fishery symbol ‘N1’ or ‘N2’ written on it.(2)Subsection (1) applies whether or not—(a)another fishery symbol is written on the licence; or(b)the licence is suspended.s 3 ins 2016 SL No. 125 s 5
4Who is the holder of a relevant licence
The holder, of a relevant licence, is the person to whom it is issued or transferred, other than by a temporary transfer under the Fisheries Act 1994, section 65C.s 4 ins 2016 SL No. 125 s 5
5Who is the relevant holder for a surrender offer
The relevant holder, for a surrender offer, is the holder of the relevant licence to which the offer relates.s 5 ins 2016 SL No. 125 s 5
A surrender offer is an offer, included in an application, to surrender a relevant licence.s 6 ins 2016 SL No. 125 s 5
7What is the relevant amount for a surrender offer
(1)The relevant amount, for a surrender offer, is the total of—(a)the amount stated in the table in section 19 for a commercial fishing boat licence; and(b)for a relevant holder mentioned in section 15(1)(a) or (b)—the total of the amounts stated in the table for the class 1 fishery symbols that—(i)were written on the licence at 5pm on 16 August 2015; and(ii)are written on the licence when the licence is surrendered; and(c)for a relevant holder mentioned in section 15(1)(c)—the total of the amounts stated in the table for the class 1 fishery symbols that are written on the licence when the licence is surrendered; and(d)the total of the amounts stated in the table for the class 2 fishery symbols that—(i)were written on the licence at 5pm on 14 March 2016; and(ii)are written on the licence when the licence is surrendered.(2)The relevant amount is exclusive of GST.s 7 ins 2016 SL No. 125 s 5
div hdg ins 2016 SL No. 125 s 5
In this schedule—application means an application under this scheme.approved form means a form approved by the authority.class 1 fishery symbol means fishery symbol ‘N1’ or ‘N2’.class 2 fishery symbol means fishery symbol ‘N3’, ‘N4’, ‘N10’, ‘N11’, ‘K1’, ‘K2’, ‘K3’, ‘K4’, ‘K5’, ‘K6’, ‘K7’, ‘K8’, ‘C1’, ‘L1’, ‘L2’, ‘L3’, ‘L4’, ‘L8’, ‘M1’, ‘P’, ‘RQ’, ‘RQ(1)’, ‘RQ(2)’, ‘RQ(3)’, ‘RQ(4)’, ‘S’, ‘SM’, ‘SM(1)’, ‘SM(2)’, ‘SM(3)’, ‘SM(4)’, ‘T1’, ‘T2’, ‘T5’, ‘T6’, ‘T7’, ‘T8’ or ‘T9’.commercial fishing boat licence means a commercial fishing boat licence under the Fisheries Regulation 2008 .fishery symbol see the Fisheries Regulation 2008 , schedule 11, part 2.holder, of a relevant licence, see section 4.qualifying net see section 1(1).relevant amount, for a surrender offer, see section 7.relevant holder, for a surrender offer, see section 5.relevant licence see section 3.scheme means the scheme set out in this schedule.surrender, of a relevant licence, means surrender of the licence under the Fisheries Act 1994 , section 72.surrender offer see section 6.s 8 ins 2016 SL No. 125 s 5
pt hdg ins 2016 SL No. 125 s 5
div hdg ins 2016 SL No. 125 s 5
9Nature of financial assistance
The nature of the financial assistance that may be given under this scheme to a relevant holder whose surrender offer is accepted by the authority is the payment to the holder of the relevant amount for the offer.s 9 ins 2016 SL No. 125 s 5
div hdg ins 2016 SL No. 125 s 5
10Invitation notice for offers
(1)The authority must invite surrender offers from the relevant holders by publishing on the authority’s website a notice complying with subsections (2) to (4).(2)The notice must state that the authority invites each holder of a commercial fishing boat licence under the Fisheries Regulation 2008 that has a fishery symbol ‘N1’ or ‘N2’ written on it to make an offer under the scheme, in the approved form, for the surrender of the holder’s licence.(3)The notice must also state the priority of consideration for acceptance of surrender offers as set out in section 15.(4)The notice must also state—(a)the day on and from which an application can be made; and(b)that an application must be given to the authority by the end of 19 September 2016; and(c)that the notice is given under the Rural and Regional Adjustment Regulation 2011 , schedule 29.s 10 ins 2016 SL No. 125 s 5
div hdg ins 2016 SL No. 125 s 5
A person is eligible for assistance under this scheme if—(a)the person makes an application by the end of 19 September 2016; and(b)the requirements under section 10(2) applying to the surrender offer included in the application have been met; and(c)from when the surrender offer is made until it is accepted the person is the relevant holder for the offer; and(d)the person complies with the conditions of the assistance imposed under section 16.s 11 ins 2016 SL No. 125 s 5
div hdg ins 2016 SL No. 125 s 5
12Authority must accept or reject offer
(1)This section applies if—(a)a person makes an application by the end of 19 September 2016; and(b)it is after 19 September 2016.(2)The authority, for the State, must by written notice to the applicant—(a)do both of the following—(i)accept the applicant’s surrender offer;(ii)state that the applicant will be paid a stated amount as payment for the surrender offer; or(b)state that the State has refused to accept the applicant’s surrender offer, and the reasons for the refusal.s 12 ins 2016 SL No. 125 s 5
13State not required to accept surrender offer
The State is not required to accept a surrender offer.s 13 ins 2016 SL No. 125 s 5
14Surrender offer may be accepted only if sufficient funds
The authority, for the State, may accept a surrender offer only if the authority’s assistance funds for the scheme are sufficient to pay the relevant amount for the offer.s 14 ins 2016 SL No. 125 s 5
15Priority of consideration for acceptance of surrender offers
(1)Surrender offers must be considered for acceptance in the following decreasing order of priority—(a)a surrender offer from a relevant holder who is also a relevant holder under schedule 26;(b)a surrender offer from a relevant holder who meets the following requirements—(i)at 5pm on 16 August 2015 the holder’s licence had fishery symbol ‘N1’ or ‘N2’ written on it;(ii)under the symbol, during the year 2012, 2013 or 2014, the holder used a qualifying net to take fish in all or part of—(A)the waters between Cape York and Innisfail east of longitude 142°30' east and 10°30' south and longitude 142°30' east and 17°30' south; or(B)the waters between Bowen and Seventeen Seventy east of longitude 142°30' east and 20° south and longitude 142°30' east and 24°30' south;(iii)the use of the qualifying net is recorded in a fishery logbook for the licence received by the department before 1 April 2015;(c)a surrender offer from any other relevant holder.(2)Subsection (3) applies if 2 or more surrender offers of the same type are received by the authority.(3)The offers must be considered for acceptance—(a)in the date order they were received by the authority; and(b)if more than 1 offer is received on 1 day, the offers must be considered for acceptance in the order of priority of the lowest relevant amount for the surrender offer to the highest relevant amount for the surrender offer.s 15 ins 2016 SL No. 125 s 5
div hdg ins 2016 SL No. 125 s 5
16Conditions of assistance for surrender offer
(1)This section applies if the authority, by notice under section 12(2)(a), accepts a surrender offer made by a relevant holder.(2)It is a condition of the assistance that—(a)for a relevant holder mentioned in section 15(1)(a) or (b)—each N1 or N2 fishery symbol that was written on the relevant licence at 5pm on 16 August 2015 is written on the licence when it is surrendered; and(b)for a relevant holder mentioned in section 15(1)(c)—each N1 or N2 fishery symbol is written on the licence when it is surrendered; and(c)each class 2 fishery symbol that was written on the relevant licence at 5pm on the day the applicant’s officer is made is written on the licence when it is surrendered; and(d)the relevant holder must, on or before the date stated in the surrender offer for the surrender of the relevant licence, give the authority—(i)the relevant holder’s commercial fishing boat licence; and(ii)a notice of surrender of the licence as required under the Fisheries Act 1994 .(3)If the relevant holder complies with subsection (2), payment under this scheme must be made under the terms of the surrender offer.s 16 ins 2016 SL No. 125 s 5
(1)An application for assistance under this scheme must—(a)be in the approved form; and(b)be accompanied by any other documents stated in the approved form; and(c)be given to the authority by the end of 19 September 2016.(2)The approved form must include provision for the applicant to make a surrender offer.(3)A surrender offer may be made to the authority only under subsection (1).(4)The authority may ask an applicant for further relevant information required to consider the application.(5)A person who has made an application may withdraw the application before 20 September 2016 by giving the authority a written request for the withdrawal.s 17 ins 2016 SL No. 125 s 5
The authority must consider, and decide to approve, or refuse to approve, each application including by—(a)considering the surrender offer included in the application; and(b)deciding to accept or reject the offer.s 18 ins 2016 SL No. 125 s 5
pt hdg ins 2016 SL No. 125 s 5
19Table for s 7(1) for working out relevant amount
This section is for section 7(1).
Commercial fishing boat licence
$18,000
Class 1 fishery symbol
$
N1
48,000
N2
90,000
Class 2 fishery symbol
$
N3
90,000
N4
96,000
N10
60,000
N11
6,000
K1
60,000
K2
60,000
K3
60,000
K4
60,000
K5
60,000
K6
60,000
K7
60,000
K8
60,000
C1
50,000
L1
12,000
L2
12,000
L3
12,000
L4
24,000
L8
54,000
M1
30,000
P
30,000
RQ
18,000
RQ(1)
24,000
RQ(2)
30,000
RQ(3)
36,000
RQ(4)
42,000
S
12,000
SM
24,000
SM(1)
24,000
SM(2)
30,000
SM(3)
36,000
SM(4)
42,000
T1
30,000
T2
24,000
T5
24,000
T6
24,000
T7
24,000
T8
24,000
T9
24,000
s 19 ins 2016 SL No. 125 s 5
sch 29 ins 2016 SL No. 125 s 5