Rural and Regional Adjustment Amendment Regulation (No. 2) 2016


Queensland Crest

1Short title

This regulation may be cited as the Rural and Regional Adjustment Amendment Regulation (No. 2) 2016 .

2Regulation amended

This regulation amends the Rural and Regional Adjustment Regulation 2011 .

3Replacement of sch 23, hdg (Special Disaster Assistance Scheme)

Schedule 23, heading— omit, insert

Schedule 23 Natural Disaster Recovery Grants Scheme

4Amendment of sch 23, s 2 (Purpose of assistance)

Schedule 23, section 2(1), ‘arising out of’— omit, insert
of clean up and reinstatement of eligible entities that have suffered

5Amendment of sch 23, s 3 (Definitions for sch 23)

(1)Schedule 23, section 3, definition defined disaster area, editor’s note, ‘at <www.qraa.qld.gov.au>’—
omit.
(2)Schedule 23, section 3, definition natural disaster relief and recovery arrangements, editor’s note—
omit, insert

Editor’s note—

The funding arrangements are described in the following documents available on the Australian Government Disaster Assist website—
Natural disaster relief and recovery arrangements—determination 2012 (version 2)
Natural disaster relief and recovery arrangements guideline 3—Category C interim assessment framework.

6Amendment of sch 23, s 5 (Meaning of small business)

(1)Schedule 23, section 5(2)(b), ‘to clean and restore’—
omit, insert
for the clean-up and reinstatement of
(2)Schedule 23, section 5—
insert—
(3A)Despite subsection (3)(c), a business is a small business if the sole trader—
(a)immediately before an eligible disaster, derived the majority of the sole trader’s income from the business; and
(b)in the opinion of the authority, would have derived the majority of the sole trader’s income from the small business again, but for the eligible disaster.

7Amendment of sch 23, s 6 (Publication of assistance establishment notice)

Schedule 23, section 6, editor’s note— omit.

8Amendment of sch 23, s 7 (Nature of assistance under scheme)

(1)Schedule 23, section 7(1), ‘clean and restore’—
omit, insert
clean-up and reinstate
(2)Schedule 23, section 7(2)(a), ‘(e)’— omit, insert
(f)
(3)Schedule 23, section 7(2)(b), ‘(e) or 9(1)(b) to (f)’— omit, insert
(f) or (2)

9Replacement of sch 23, ss 8 and 9

Schedule 23, sections 8 and 9— omit, insert

8Assistance under standard grant or exceptional circumstances grant

(1)A standard grant or 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)purchasing, hiring or leasing equipment or materials to clean premises or a property or equipment;
(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)removing and disposing of debris or damaged goods and material;
(d)repairing buildings;
(e)for a primary production enterprise, any of the following—
(i)repairing or reconditioning essential plant or 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;

Examples of other assistance—

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
(iii)salvaging crops, grain or feed;
(iv)maintaining the health of livestock;
(v)purchasing fodder, other than to the extent, if any, the cost may be recovered under other assistance from the Commonwealth or State;

Examples of other assistance—

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
(vi)replacing essential water that has been used for fire fighting;
(vii)carting water;
(f)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;
(iii)purchasing, hiring or leasing equipment or materials that are essential for immediately resuming business activities or operations as a non-profit organisation;
(iv)replacing lost or damaged stock if the replacement is essential for immediately resuming business activities or operations as a non-profit organisation;
(v)leasing temporary premises for the purpose of resuming business activities or operations as a non-profit organisation.
(2)An exceptional circumstances grant for an eligible entity’s primary production enterprise may also cover the cost of purchasing, hiring or leasing equipment or materials that are essential for immediately resuming farming activities.
(3)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.
employing includes engaging under a contract for services.

10Amendment of sch 23, s 12 (Eligibility criteria—small business owner)

Schedule 23, section 12(2), note—
omit.

11Amendment of sch 23, s 13 (Eligibility criteria—non-profit organisation)

Schedule 23, section 13(3), definition, community recovery fund and editor’s note—
omit, insert—
community recovery fund means a community recovery fund described in the following documents—
Natural disaster relief and recovery arrangements—determination 2012 (version 2)
Natural disaster relief and recovery arrangements guideline 3—category C interim assessment framework.

Editor’s note—

The documents are published on the Australian Government Disaster Assist website.

12Amendment of sch 23, s 17 (Effect of insurance on eligibility for exceptional circumstances grant)

Schedule 23, section 17(3), definition relevant cost, ‘(e) or 9(1)(b) to (f)’— omit, insert
(f) or (2)