This regulation may be cited as the Rural and Regional Adjustment (Feral Pest Exclusion Fencing Grants Scheme and Other Matters) Amendment Regulation 2025.
This regulation amends the Rural and Regional Adjustment Regulation 2011.
3Insertion of new pt 4, div 22
Part 4—
insert—Division 22 Transitional provision for Rural and Regional Adjustment (Feral Pest Exclusion Fencing Grants Scheme and Other Matters) Amendment Regulation 2025
33Provisions taken to have referred to Minister administering Queensland Reconstruction Authority Act 2011
(1)This section applies to each of the following provisions—(a)schedule 2, section 1, definition appropriate Minister;(b)schedule 3, section 1, definition appropriate Minister;(c)schedule 7, section 3, definition appropriate Minister;(d)schedule 21, section 3, definition appropriate Minister;(e)schedule 23, section 3, definition appropriate Minister;(f)schedule 47, section 5(2)(a).(2)From 31 October 2023 until the commencement, the provision is taken to have referred to the Minister responsible for administering the Queensland Reconstruction Authority Act 2011 instead of the Minister responsible for administering the Disaster Management Act 2003.(3)Subsection (2) applies to the provision despite the provision as it was in force before the commencement.
4Amendment of sch 2, s 1 (Definitions for sch 2)
(1)Schedule 2, section 1, definitions primary producer and primary production enterprise—
omit.(2)Schedule 2, section 1—
insert—primary producer means—(a)a sole trader who—(i)spends the majority of their labour on a primary production enterprise; and(ii)either—(A)derives 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, within a reasonable time, derive the majority of their income from the primary production enterprise; or(b)a partnership, company or trust that carries on a primary production enterprise if the partners, shareholders or beneficiaries—(i)spend the majority of their labour on the 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, within a reasonable time, derive the majority of their income from the primary production enterprise.primary production enterprise means—(a)a business that—(i)involves primary production, including the agricultural, apicultural, aquacultural, commercial wild-catch fishing, forestry, grazing and horticultural industries; or(ii)supports primary production; andExamples for subparagraph (ii)—
farm irrigation services, mustering business, shearing business, silage baling business, timber plantation maintenance services(b)for which an entity holds an Australian Business Number.(3)Schedule 2, section 1, definition appropriate Minister, ‘Disaster Management Act 2003’—
omit, insert—
5Amendment of sch 2, s 6 (Maximum loan amounts)
(1)Schedule 2, section 6(3), ‘The’—
omit, insert—Subject to subsection (4), the
(2)Schedule 2, section 6—
insert—(4)The total amount lent to an applicant under the scheme for the March–April 2025 Western Queensland flood disaster must not be more than $5m.(5)In this section—March–April 2025 Western Queensland flood disaster means the eligible disaster defined by the appropriate Minister, for the purpose of activating the disaster recovery funding arrangements, as ‘Communities within Western Queensland affected by Western Queensland Surface Trough and Associated Rainfall and Flooding Commencing 21 March – 19 May 2025’, as amended from time to time.
6Amendment of sch 3, s 1 (Definitions for sch 3)
(1)Schedule 3, section 1, definition appropriate Minister, ‘Disaster Management Act 2003’—
omit, insert—(2)Schedule 3, section 1, definition small business owner, paragraph (a), ‘his or her’—
omit, insert—their
7Amendment of sch 3, s 3 (Meaning of small business)
(1)Schedule 3, section 3(2)—
omit, insert—(2)However, a small business does not include—(a)a body corporate under the Body Corporate and Community Management Act 1997; or(b)a primary production enterprise.(2)Schedule 3, section 3(4)—
insert—primary production enterprise means a business that—(a)involves primary production, including the agricultural, apicultural, aquacultural, commercial wild-catch fishing, forestry, grazing and horticultural industries; or(b)supports primary production.farm irrigation services, mustering business, shearing business, silage baling business, timber plantation maintenance services
8Amendment of sch 7, s 3 (Definitions for sch 7)
(1)Schedule 7, section 3, definition primary production enterprise—
omit, insert—primary production enterprise means—(a)a business that—(i)involves primary production, including the agricultural, apicultural, aquacultural, commercial wild-catch fishing, forestry, grazing and horticultural industries; or(ii)supports primary production; andExamples for subparagraph (ii)—
farm irrigation services, mustering business, shearing business, silage baling business, timber plantation maintenance services(b)for which an entity holds an Australian Business Number.(2)Schedule 7, section 3, definition appropriate Minister, ‘Disaster Management Act 2003’—
omit, insert—(3)Schedule 7, section 3, definition primary producer, paragraph (a), ‘his or her’—
omit, insert—their
9Amendment of sch 7, s 5 (Meaning of small business)
Schedule 7, section 5(2)—
omit, insert—(2)However, a small business does not include—(a)a body corporate under the Body Corporate and Community Management Act 1997; or(b)a business mentioned in section 3, definition primary production enterprise, paragraph (a).
10Amendment of sch 21, s 3 (Definitions for sch 21)
Schedule 21, section 3, definition appropriate Minister, ‘Disaster Management Act 2003’—
omit, insert—
11Amendment of sch 23, s 3 (Definitions for schedule)
(1)Schedule 23, section 3, definitions 2019–2020 extraordinary bushfire disaster and primary production enterprise—
omit.(2)Schedule 23, section 3—
insert—2019–2020 extraordinary bushfire disaster means the bushfire that—(a)happened during the 2019–2020 financial year; and(b)was defined by the former appropriate Minister for the purpose of activating the disaster recovery funding arrangements.former appropriate Minister means the Minister administering the Disaster Management Act 2003.primary production enterprise means—(a)a business that—(i)involves primary production, including the agricultural, apicultural, aquacultural, commercial wild-catch fishing, forestry, grazing and horticultural industries; or(ii)supports primary production; andExamples for subparagraph (ii)—
farm irrigation services, mustering business, shearing business, silage baling business, timber plantation maintenance services(b)for which an entity holds an Australian Business Number.(3)Schedule 23, section 3, definition appropriate Minister, ‘Disaster Management Act 2003’—
omit, insert—(4)Schedule 23, section 3, definition January–February 2019 Queensland flood disaster, before ‘appropriate’—
insert—former
(5)Schedule 23, section 3, definition January–February 2019 Queensland flood disaster, note—
omit.(6)Schedule 23, section 3, definition primary producer, paragraph (a), ‘his or her’—
omit, insert—their
12Amendment of sch 23, s 5 (Meaning of small business)
Schedule 23, section 5(2)—
omit, insert—(2)However, a small business does not include—(a)a body corporate under the Body Corporate and Community Management Act 1997; or(b)a business mentioned in section 3, definition primary production enterprise, paragraph (a).
13Amendment of sch 47, s 5 (Meaning of defined disaster area)
Schedule 47, section 5(2)(a), ‘Disaster Management Act 2003’—
omit, insert—
14Amendment of sch 61, s 6 (Meaning of eligible activities)
Schedule 61, section 6(d), ‘3 months before’—
omit.
After schedule 62—
insert—section 3(1)
The objective of the scheme is to provide financial assistance to eligible landholders to assist in paying for eligible projects.The purpose of assistance under the scheme is to give eligible landholders a grant to contribute to the cost of an eligible project.In this schedule—applicant means a person applying for assistance under a round of the scheme.eligible exclusion fencing see section 4.eligible landholder means a landholder who carries on a grazing enterprise in an eligible rural area.eligible project see section 5.eligible rural area means any of the following local government areas—(a)Balonne Shire;(b)Banana Shire;(c)Barcaldine Region;(d)Barcoo Shire;(e)Blackall-Tambo Region;(f)Boulia Shire;(g)Bulloo Shire;(h)Burdekin Shire;(i)Burke Shire;(j)Carpentaria Shire;(k)Cassowary Coast Region;(l)Central Highlands Region;(m)Charters Towers Region;(n)Cloncurry Shire;(o)Cook Shire;(p)Croydon Shire;(q)Diamantina Shire;(r)Douglas Shire;(s)Etheridge Shire;(t)Flinders Shire;(u)Gladstone Region;(v)Goondiwindi Region;(w)Gympie Region;(x)Hinchinbrook Shire;(y)Isaac Region;(z)Livingstone Shire;(za)Lockyer Valley Region;(zb)Longreach Region;(zc)Maranoa Region;(zd)Mareeba Shire;(ze)McKinlay Shire;(zf)Mount Isa City;(zg)Murweh Shire;(zh)North Burnett Region;(zi)Paroo Shire;(zj)Quilpie Shire;(zk)Richmond Shire;(zl)Scenic Rim Region;(zm)Somerset Region;(zn)South Burnett Region;(zo)Southern Downs Region;(zp)Tablelands Region;(zq)Western Downs Region;(zr)Whitsunday Region;(zs)Winton Shire.grazing enterprise means a business—(a)involving grazing livestock; and(b)for which an entity holds an Australian Business Number.landholder see section 6.livestock means cattle, goats or sheep.project agreement see section 14(a).scheme means the scheme set out in this schedule.4What is eligible exclusion fencing
Exclusion fencing is eligible exclusion fencing if the authority is satisfied the fencing is constructed in a way that will significantly reduce the ability of wild dogs to access areas protected by the fencing.An eligible project is a project—(a)involving the construction of eligible exclusion fencing on the boundary of a property of an eligible landholder in an eligible rural area; and(b)that the authority is satisfied is likely to be completed no later than 3 years after the day the construction starts.A landholder is any of the following entities—(a)if the land is freehold land—the registered owner of the land;(b)if the land is the subject of a lease registered under the Land Title Act 1994—the lessee of the land;(c)if the land is the subject of a lease registered under the Land Act 1994—the lessee of the land;(d)if the land is a reserve—the trustee of the reserve;(e)if a person has occupation rights in relation to the land under a licence or permit—the licensee or permittee.(1)The nature of assistance that may be given to an applicant under a round of the scheme is a grant to offset part of the cost of an eligible project.(2)However, a grant of assistance is not available for—(a)funding the construction of cluster fencing; or(b)funding the maintenance, repair, reinstatement or replacement of existing fencing.(1)An applicant for assistance for an eligible project may be given an amount of assistance of up to half of the total cost of the project.(2)However, the maximum amount of assistance that may be given to an applicant under subsection (1) is—(a)for an eligible project involving the construction of no more than 50kms of eligible exclusion fencing—(i)$5,000 for each whole kilometre of fencing to be constructed; and(ii)a proportionate amount of $5,000 for part of a kilometre of fencing to be constructed; or(b)for an eligible project involving the construction of more than 50kms of eligible exclusion fencing—$250,000.An applicant is eligible to receive assistance for an eligible project under the scheme if the applicant—(a)is an eligible landholder; and(b)demonstrates to the satisfaction of the authority that the applicant—(i)can contribute at least half of the cost of the eligible project; and(ii)has suffered significant loss of income as a result of the predation of livestock by wild dogs; and(iii)has adequate experience or other qualifications to give the applicant a reasonable prospect of success in completing the eligible project; and(c)has not previously received assistance under the scheme for an eligible project.(1)The scheme will operate in rounds.(2)A round of the scheme opens on the day stated on the primary industries department’s website (the opening day).(3)A round of the scheme closes on the earlier of the following days (each the closing day)—(a)the day stated on the primary industries department’s website as the day the round closes;(b)the day on which the authority’s assistance funds become insufficient to pay further assistance under the round.(4)An application for assistance under a round of the scheme may be made from the opening day until the end of the closing day.(5)In this section—primary industries department means the department in which the Biosecurity Act 2014 is administered.11Requirements for applications
(1)An application for assistance must—(a)be made using the form approved by the authority; and(b)be accompanied by the documents stated on the form.(2)If the authority asks the applicant to provide further information to decide the application, the applicant must provide the information within the reasonable period stated in the request.(3)If the applicant does not comply with a request made under subsection (2), the applicant’s application is taken to be withdrawn.12Priority of consideration of applications
(1)The authority must consider approving applications for assistance for eligible projects in the following descending order of priority—(a)from applications relating to eligible projects the authority considers will provide the greatest benefit to an eligible rural area in reducing the predation of livestock by wild dogs;(b)to applications relating to eligible projects the authority considers will provide the least benefit to an eligible rural area in reducing the predation of livestock by wild dogs.(2)However, the authority may also consider each of the following matters for prioritising an application for assistance for an eligible project—(a)the actions the applicant has taken to prevent predation of livestock by wild dogs in the 3 years before the application was made;(b)whether, in the authority’s opinion, the project represents reasonable value for money;(c)the extent to which the authority considers the project—(i)will increase the productivity and viability of the applicant’s grazing enterprise; and(ii)will complement the actions mentioned in paragraph (a);(d)the actions the applicant proposes to take to manage any risks identified by the applicant in completing the project, including the systems and practices the applicant intends to adopt to mitigate the risks;(e)the actions the applicant proposes to take to maintain the exclusion fencing to which the project relates.(1)The authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme.(2)The authority may approve a lesser amount of assistance than applied for in the application.(3)The authority must refuse to approve an application if the authority’s assistance funds for the scheme are insufficient to pay for the assistance.(4)If the authority refuses to approve an application, the authority must give the applicant written notice of the decision.The payment of assistance to a person for an eligible project is subject to the following conditions—(a)before receiving the assistance, the person must enter into a written agreement (the project agreement) with the authority that sets out the terms on which the assistance is to be provided;(b)the person must comply with the terms of the project agreement;(c)any works relating to the project must not start until after the project agreement is entered into;(d)if asked by the authority, the person must, within the reasonable time stated in the request, give the authority a written report stating—(i)the estimated total cost of the project, whether or not the project is complete; and(ii)if the project is not complete—(A)the steps taken towards completing the project; and(B)the cost of each step; and(C)the estimated time needed to complete the project;(e)the person must not engage a person (a service provider) to provide a service for the project if—(i)the service provider is employed by an entity owned, or partly owned, by the person; or(ii)the service provider is an entity owned, or partly owned, by the applicant;(f)the person must not obtain goods for the project from an entity owned, or partly owned, by the person.(1)The authority may pay the amount of assistance approved under the scheme only if satisfied the person receiving the assistance has complied with the terms of the project agreement and the other conditions mentioned in section 14.(2)The authority may pay the assistance in instalments at intervals decided by the authority.