Rural and Regional Adjustment Regulation 2011


Queensland Crest
Rural and Regional Adjustment Regulation 2011

Part 1 Preliminary

1Short title

This regulation may be cited as the Rural and Regional Adjustment Regulation 2011 .

2Definition

In this regulation—
repealed regulation means the repealed Rural and Regional Adjustment Regulation 2000.

Part 2 Approved assistance schemes

3Approval of schemes—Act, s 11

(1)Each scheme set out in each of schedules 1 to 9 , 20 , 21 , 23 and 25 to 31 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. 192s 3; 2012 SL No. 44s 3; 2012 SL No. 51s 3; 2012 SL No. 85s 4; 2012 SL No. 176s 3; 2012 SL No. 195s 3; 2013 SL No. 19s 3; 2013 SL No. 26s 3; 2013 SL No. 81s 3; 2013 SL No. 194s 3; 2014 SL No. 51s 3; 2014 SL No. 169s 3; 2014 SL No. 180s 3; 2015 SL No. 125s 9; 2015 SL No. 148s 6; 2016 SL No. 125s 4; 2017 SL No. 37s 3; 2017 SL No. 123s 3; 2018 SL No. 54s 4

Part 3 Repeal

4Repeal of regulation

The Rural and Regional Adjustment Regulation 2000, SL No. 124 is repealed.

Part 4 Savings and transitional provisions

Division 1 Transitional provisions for SL No. 155 of 2011

div hdg ins 2013 SL No. 19s 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5Saving of operation of particular schemes and other provisions under repealed regulation

(1)This section applies to the following provisions (each a saved provision) of the repealed regulation—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(b)continues to apply to the things mentioned in it as if the repealed regulation had not been repealed.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under an approved assistance scheme under any of parts 3 , 4, 5, 7, 8, 11, 12, 18 or 28 to 34 of the schedule of the repealed regulation; and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. 192s 4

Division 2 Transitional provision for Rural and Regional Adjustment Amendment Regulation (No. 1) 2013

div 2 (s 7) ins 2013 SL No. 19s 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. 19s 5

Division 3 Transitional provision for Rural and Regional Adjustment Amendment Regulation (No. 2) 2014

div 3 (s 8) ins 2014 SL No. 51s 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. 51s 4

Division 4 Transitional provision for Rural and Regional Adjustment Amendment Regulation (No. 3) 2014

div 4 (s 9) ins 2014 SL No. 92s 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. 92s 4

Division 5 Transitional provision for Rural and Regional Adjustment Amendment Regulation (No. 2) 2015

div 5 (s 10) ins 2015 SL No. 74s 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. 74s 3

Division 6 Transitional provision for Rural and Regional Adjustment (White Spot Disease Concessional Loan Scheme) Amendment Regulation 2017

div hdg ins 2017 SL No. 123s 4

11Change of interest rate

The amendment of schedule 1 , section 6 (8), definition base lending rate by the Rural and Regional Adjustment (White Spot Disease Concessional Loan Scheme) Amendment Regulation 2017 applies in relation to loans drawn down before or after the commencement.

s 11 ins 2017 SL No. 123s 4

Schedule 1 Primary Industry Productivity Enhancement Scheme

section 3 (1)

Part 1 Preliminary

1Objective of scheme

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.

2Application of scheme

(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.

3Definitions for sch 1

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.

Editor’s note—

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, proprietary company or trust that carries on a primary production enterprise, any partner in the partnership, shareholder in the company or beneficiary of the trust who spends the majority of their labour on, and derives the majority of their income from, the primary production enterprise.

def primary producer amd 2016 SL No. 183s 3(2)

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.
proprietary company means a proprietary company within the meaning of the Corporations Act.

def proprietary company ins 2016 SL No. 183s 3(1)

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.

Part 2 General provisions for scheme

4Nature of assistance

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.

5Eligible activities

(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.

6Interest rate

(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 when the interest rate is fixed.
(3)At any time during the term of the loan after any period decided under subsection (2)(a), the authority may agree to fix the interest rate for periods of 1, 3 or 5 years.
(4)The interest rate fixed for the loan under subsection (3) is worked out by the authority based on the base lending rate when the interest rate is fixed.
(5)The authority may, during the term of the loan, increase the interest rate from the interest rate mentioned in subsection (2) or (3) to a commercial rate.
(6)If, under subsection (5), 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.
(7)The authority may decide the extent to which the interest rate is to increase under subsection (6) more than once in relation to the applicant.
(8)In this section—
base lending rate means the 1, 3 or 5 year lending rate, as appropriate, of the Queensland Treasury Corporation, plus a margin decided by the authority and approved by the Minister.

s 6 amd 2016 SL No. 183s 4; 2017 SL No. 123s 5

7Terms of repayment

(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)The authority may give the applicant an interest only period of not more than 5 years.
(3)The loan will have an interest rate fixed under section 6.

s 7 amd 2016 SL No. 183s 5

8Security

If an applicant is given a loan under the scheme, the applicant must give security for the loan that the authority is satisfied is commensurate with the amount of the loan.

s 8 sub 2016 SL No. 183s 6

9Applications

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.

10Deciding applications

(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. 92s 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.

11AApplication to consolidate loans

(1)This section applies if—
(a)a person has at least 1 loan under a program under the scheme and has applied for another loan under the same program; or
(b)a person has 2 or more loans under the same program.
(2)The person may apply to consolidate the loans into a single loan.
(3)The application must be—
(a)in the approved application form; and
(b)accompanied by the documents stated on the approved application form; and
(c)given to the authority.

s 11A ins 2016 SL No. 183s 7

11BApproving application to consolidate loans

(1)The authority must consider, and decide to approve or refuse to approve, an application to consolidate loans made under section 11A .
(2)If the authority approves the consolidation of the loans, the term of, and the initial interest rate for, the consolidated loan is the term and rate decided by the authority.
(3)The initial interest rate for the consolidated loan—
(a)depends on whether the applicant decides to have the interest rate fixed for 1, 3 or 5 years when the loan is consolidated; and
(b)is worked out by the authority based on the base lending rate when the applicant applies to consolidate the loan.
(4)In this section—
base lending rate see section 6 (8).

s 11B ins 2016 SL No. 183s 7

Part 3 First start program

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.

13Maximum loan amounts

The maximum amount of a loan, or the total outstanding loan balance, under the first start program is $2,000,000.

s 13 amd 2016 SL No. 183s 8

14Eligibility criteria

(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)demonstrate 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.

Example of relevant circumstances—

An applicant has limited equity in the primary production enterprise but has a stable wage, salary or other off-farm income.

s 14 amd 2016 SL No. 183s 9

15Maximum term of loan

The maximum term of a loan is 20 years.

Part 4 Sustainability program

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 the sustainability of the primary producer’s primary production enterprise 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.

s 16 amd 2016 SL No. 183s 10

17Maximum loan amounts and outstanding loan balances

(1)The maximum amount of a loan under the sustainability program is $1,300,000.
(2)The maximum combined outstanding loan balance under the sustainability program and any of the following is $1,300,000—
(a)the former development program;
(b)the former resource management program;
(c)the former development program and former resource management program.
(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.

s 17 amd 2016 SL No. 183s 11

18Eligibility criteria

(1)To be eligible to receive assistance under the sustainability program, the applicant must—
(a)demonstrate to the satisfaction of the authority—
(i)that the assistance is for a primary production enterprise carried on by a sole trader, partnership, proprietary company or trust; and
(ii)that an interested person for the primary production enterprise is a primary producer; and
(iii)the primary production enterprise has been carried on for at least 2 years; and
(iv)sound prospects for commercial viability, and the ability to service the loan, in the long term; and
(v)that the amount of the primary production enterprise’s non-enterprise or liquid assets is not more than the amount needed for prudent risk management; and
(vi)if the assistance is sought to rationalise a partnership—that the proposal for the rationalisation is not merely a refinance arrangement; and
(vii)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)demonstrate 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.
(2)In this section—
interested person, for a primary production enterprise, means—
(a)if the enterprise is carried on by a sole trader—the sole trader; or
(b)if the enterprise is carried on by a partnership, proprietary company or trust—a partner in the partnership, a shareholder in the company or a beneficiary of the trust.

s 18 amd 2016 SL No. 183s 12

19Maximum term of loan

The maximum term of a loan is 20 years.

s 19 sub 2016 SL No. 183s 13

sch hdg amd 2011 SL No. 192s 5

Schedule 2 Natural Disaster Relief (Primary Producers) Scheme

section 3 (1)

Part 1 Preliminary

1Definitions for sch 2

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.

Editor’s note—

Defined disaster areas are published on the authority’s website.

def defined disaster area amd 2013 SL No. 19s 6

development see the Planning Act 2016 , schedule 2.

def development sub 2017 SL No. 103s 113

eligible disaster see section 2.

def eligible disaster (prev def eligible natural disaster) amd 2013 SL No. 19s 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. 19s 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.

Editor’s note—

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.

2Meaning of eligible disaster

(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. 176s 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. 19s 6

4Purpose of assistance

(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. 19s 6

Part 2 Natural disaster relief assistance

5Nature of assistance

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. 19s 6

6Maximum loan amounts

(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. 19s 6

7Eligibility criteria

(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; and

Example for paragraph (e)—

The 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. 19s 6

8Interest rates

(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.

9Security

(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.

10Terms of repayment

(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.

11Review by authority

Assistance given to a primary producer under the scheme is subject to an annual review by the authority.

12Application

(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. 192s 5

Schedule 3 Natural Disaster Relief (Small Business) Scheme

section 3 (1)

1Definitions for sch 3

In this schedule—
applicant means a person applying for financial assistance under the scheme.
development see the Planning Act 2016 , schedule 2.

def development sub 2017 SL No. 103s 114

eligible disaster see section 2.

def eligible disaster (prev def eligible natural disaster) amd 2013 SL No. 19s 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.

Editor’s note—

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.

2Meaning of eligible disaster

(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. 176s 5; 2013 SL No. 19 ss 6, 8

3Meaning of small business

(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—

equation

      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.

4Purpose of assistance

(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. 19s 6

5Nature of assistance

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.

6Maximum loan amounts

(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. 19s 6; 2014 SL No. 169s 4

7Eligibility criteria

(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; and

Example 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. 19s 6

8Security

A loan under the scheme must be secured to the satisfaction of the authority.

9Terms of repayment

(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.
(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.

10Application

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. 192s 5

Schedule 4 Drought Carry-on Finance Scheme

section 3 (1)

1Definitions for sch 4

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.

2Objective of scheme

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.

3Nature of assistance

The nature of the assistance that may be given under the scheme is loans at concessional rates of interest.

4Maximum loan amounts

The maximum amount of a loan, or total outstanding loan balance, under the scheme is $100,000.

5Eligibility criteria

(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; and
(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.

6Maximum term of loan

The maximum term of a loan is 7 years.

7Terms of repayment

(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.

8Interest rate

(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%.

9Security

(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.

10Applications

(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.

11Deciding applications

The authority must consider, and decide to approve or refuse to approve, each application for assistance.

amd 2011 SL No. 192s 5

Schedule 5 Drought Recovery Scheme

section 3 (1)

1Definitions for sch 5

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.

2Objective of scheme

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.

3Purpose of assistance

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.

4Nature of assistance

The nature of the assistance that may be given under the scheme is loans at concessional rates of interest.

5Maximum loan amounts

(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.

6Eligibility criteria

(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.

7Maximum term of loan

The maximum term of a loan is—
(a)for buying crop materials—5 years; or
(b)for buying stock—7 years.

8Terms of repayment

(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.

9Interest rate

(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%.

10Security

(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.

11Applications

(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.

12Deciding applications

The authority must consider, and decide to approve or refuse to approve, each application for assistance.

13Payment

(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. 192s 5

Schedule 6 Small Business Emergency Assistance Scheme

section 3 (1)

1Definitions for sch 6

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.
small business see section 2.

2Meaning of small business

(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—

equation

      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.

3Objective of scheme

(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.

4Nature of assistance

The nature of the assistance that may be given under the scheme is an interest subsidy for new or existing commercial loans.

5Maximum subsidy amount

(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. 51s 5

6Eligibility criteria

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.

7Applications

(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.

8Deciding applications

The authority must consider, and decide to approve or refuse to approve, each application for assistance.

sch hdg amd 2011 SL No. 192s 5

Schedule 7 Natural Disaster Relief (Essential Working Capital) Scheme

section 3 (1)

Part 1 Preliminary

pt hdg ins 2014 SL No. 169s 5

1Objective of scheme

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. 51s 6

pres s 1 ins 2014 SL No. 169s 5

2Purpose of assistance

(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. 51s 6

pres s 2 ins 2014 SL No. 169s 5

3Definitions for sch 7

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.

Editor’s note—

Defined disaster areas are published on the authority’s website.
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.

Editor’s note—

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. 51s 6

pres s 3 ins 2014 SL No. 169s 5

4Meaning of eligible disaster

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. 51s 6

pres s 4 ins 2014 SL No. 169s 5

5Meaning of small business

(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—

equation

      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. 51s 6

pres s 5 ins 2014 SL No. 169s 5

Part 2 General provisions for scheme

pt hdg ins 2014 SL No. 169s 5

6Nature of assistance

(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 produce

s 6 prev s 6 om 2014 SL No. 51s 6

pres s 6 ins 2014 SL No. 169s 5

7Maximum loan amount

(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. 51s 6

pres s 7 ins 2014 SL No. 169s 5

8Eligibility criteria

(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. 51s 6

pres s 8 ins 2014 SL No. 169s 5

9Security

A loan under the scheme must be secured to the satisfaction of the authority.

s 9 prev s 9 om 2014 SL No. 51s 6

pres s 9 ins 2014 SL No. 169s 5

10Terms of repayment

(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.
(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. 51s 6

pres s 10 ins 2014 SL No. 169s 5

11Conditions

(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. 169s 5

12Applications

(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. 169s 5

13Deciding applications

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. 169s 5

sch 7 amd 2011 SL No. 192s 5

om 2014 SL No. 51s 6

ins 2014 SL No. 169s 5

Schedule 8 Queensland East Coast Commercial Net Fishing Reduction Scheme (No. 3)

section 3 (1)

Part 1 Preliminary

1Objective of scheme

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.

Note—

See the Fisheries Regulation 2008 , chapter 9 , part 2 .

2Purpose of assistance

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.

Part 2 Interpretation

Division 1 General

3Definitions for sch 8

In this schedule—
approved form means a form approved by the authority.
authority’s website means the authority’s website on the internet.
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.

Division 2 Key definitions

4What is a surrender offer

Each of the following is a surrender offer
(a)a stage 1 offer;
(b)a stage 2 offer;
(c)a stage 3 offer.

5What is a stage 1 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.

6What is a stage 2 offer

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.

7What is a stage 3 offer

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.

Division 3 Other definitions

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.

Part 3 General provisions for scheme

Division 1 Nature of assistance

13Nature of assistance

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.

Division 2 Invitations for surrender offers

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.

Division 3 Eligibility

18Eligibility criteria

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.

Division 4 Dealing with surrender offers

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.

Division 5 Other provisions

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.

25Applications

(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.

26Deciding applications

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.

Part 4 Relevant fishery symbols and prescribed amounts

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

Note—

Under section 9, the relevant amount for a surrender offer is exclusive of GST.

sch 8 prev sch 8 amd 2011 SL No. 192s 5

om 2014 SL No. 51s 6

pres sch 8 ins 2014 SL No. 180s 4

Schedule 9 Solar PV and Battery Energy Storage Assistance Scheme

section 3 (1)

sch 9 pt 1 hdg om 2014 SL No. 51s 6

sch 9 pt 2 hdg om 2014 SL No. 51s 6

1Definitions

In this schedule—
applicant means a person applying for financial assistance for a program under the scheme.
approved application form, for a program under the scheme, means the application form approved by the authority for the program.
battery program means a program for the supply and installation costs of an eligible battery storage system in residential or business premises.
Building Code of Australia see the Building Act 1975 , section 12.
business premises, for a small business, means premises in Queensland used by the business to conduct business activities.
combined solar and battery program means a program for the supply and installation costs of an eligible combined battery storage system in residential or business premises.
eligible battery energy storage system means a battery energy storage system listed on the website of the department administering the Electricity Act 1994 as an eligible battery energy storage system for the scheme.
eligible battery energy storage system supplier means a battery energy storage system supplier listed on the website of the department administering the Electricity Act 1994 as an eligible battery energy storage system supplier for the scheme.
eligible combined solar and battery energy storage system means an eligible solar PV system that is coupled with an eligible battery energy storage system.
eligible solar PV system means a solar PV system that is not—
(a)a replacement of an existing solar PV system; or
(b)an augmentation of an existing solar PV system; or
(c)coupled with a battery energy storage system.
eligible system means—
(a)an eligible solar PV system; or
(b)an eligible battery energy storage system; or
(c)an eligible combined solar and battery energy storage system.
program means—
(a)the solar program; or
(b)the battery program; or
(c)the combined solar and battery program.
residential premises means a class 1a building under the Building Code of Australia.
scheme means the scheme set out in this schedule.
small business see section 2 .
solar program means a program for the supply and installation costs of an eligible solar PV system in residential premises.
solar PV system means a solar photovoltaic system.

s 1 prev s 1 om 2014 SL No. 51s 6

pres s 1 ins 2018 SL No. 54s 5

2Meaning of small business

(1)A small business is a business—
(a)that is carried on by a sole trader, partnership, proprietary company or trust; and
(b)for which an entity holds an Australian Business Number; and
(c)that employs 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
(d)that is not operated by a public company within the meaning of the Corporations Act; and
(e)that uses less than 100 megawatt hours of grid electricity each year at the premises from which the business operates and at which an eligible system is to be installed.
(2)For subsection (1)(c), the number of equivalent full-time employees of a business is worked out using the formula—

equation

      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 at least 35 hours each week for the business.

s 2 prev s 2 om 2014 SL No. 51s 6

pres s 2 ins 2018 SL No. 54s 5

3Objectives of scheme

The objectives of the scheme are—
(a)to provide for assistance to households and small businesses to make electricity more affordable, including by providing assistance to persons not having access to the upfront capital to invest in eligible solar PV and eligible battery energy storage systems; and
(b)to help establish and grow a battery energy storage industry in Queensland.

s 3 prev s 3 om 2014 SL No. 51s 6

pres s 3 ins 2018 SL No. 54s 5

4Application of scheme

The scheme consists of the following programs—
(a)the solar program;
(b)the battery program;
(c)the combined solar and battery program.

s 4 prev s 4 om 2014 SL No. 51s 6

pres s 4 ins 2018 SL No. 54s 5

5Types of assistance

The types of assistance available under the scheme are as follows—
(a)a loan under the solar program for residential premises;
(b)a loan and a grant under the battery program for residential premises;
(c)a grant only under the battery program for residential or business premises;
(d)a loan and a grant under the combined solar and battery program for residential premises;
(e)a grant only under the combined solar and battery program for residential or business premises.

s 5 prev s 5 om 2014 SL No. 51s 6

pres s 5 ins 2018 SL No. 54s 5

6Amounts and terms of assistance under the scheme

(1)The amounts and terms of assistance under the scheme are as follows—
(a)for the solar program—a maximum loan of $4,500 with a loan period of not more than 7 years;
(b)for the battery program—a maximum loan of $6,000 with a loan period of not more than 10 years and a maximum grant of $3,000;
(c)for the combined solar and battery program—a maximum loan of $10,000 with a loan period of not more than 10 years and a maximum grant of $3,000.
(2)A loan, a loan and a grant, or a grant provided under the scheme can not be more than the supply and installation cost of the system for which the loan, loan and grant, or grant is provided.
(3)If a loan and a grant are to be provided for the supply and installation cost of the system, the authority may decide how much of the cost is to be provided by the loan and how much is to be provided by the grant.
(4)Interest is not payable on a loan provided under the scheme and no fees or charges are payable on a loan or a grant provided under the scheme.

s 6 prev s 6 om 2014 SL No. 51s 6

pres s 6 ins 2018 SL No. 54s 5

7Eligibility criteria common to all programs

For an applicant to receive assistance under the scheme for an eligible system for residential or business premises—
(a)the premises to which the application relates must be located in Queensland; and
(b)credit under the Electricity Act 1994 , section 44A must not apply to the premises; and
(c)assistance under the scheme must not have previously been provided for the premises; and
(d)the applicant must not have previously received assistance under the scheme; and
(e)the eligible system must not have been installed before an application for assistance under the scheme is received.

s 7 prev s 7 om 2014 SL No. 51s 6

pres s 7 ins 2018 SL No. 54s 5

8Additional eligibility criteria for the solar program and for loans and grants under the battery program or the combined solar and battery program

(1)This section applies to an application for the following assistance under the scheme—
(a)for a loan under the solar program;
(b)for a loan and a grant under the battery program;
(c)for a loan and a grant under the combined solar and battery program.
(2)For the applicant to be eligible to receive assistance—
(a)the application must be submitted in the names of no more than 2 persons for whom the residential premises at which the eligible system is to be installed are their principal place of residence; and
(b)each person named in the application must be an individual; and
(c)at least 1 person named in the application must be the owner or joint owner of the premises; and
(d)each person named in the application must be an Australian citizen or a permanent resident of Australia; and
(e)the authority must be satisfied the applicant can repay the loan given for the assistance.
(3)In this section—
joint owner, of premises, means a person who is an owner of the premises under a joint tenancy or tenancy in common.

s 8 prev s 8 om 2014 SL No. 51s 6

pres s 8 ins 2018 SL No. 54s 5

9Additional eligibility criteria for grants only under the battery program or the combined solar and battery program

(1)This section applies to an application for the following assistance under the scheme—
(a)for a grant only under the battery program for residential or business premises;
(b)for a grant only under the combined solar and battery program for residential or business premises.
(2)For the applicant to be eligible to receive assistance for residential premises—
(a)the application must be submitted in the names of no more than 2 persons for whom the residential premises at which the eligible system is to be installed are their principal place of residence; and
(b)each person named in the application must be an individual; and
(c)at least 1 person named in the application must be the owner or joint owner of the premises; and
(d)each person named in the application must be an Australian citizen or a permanent resident of Australia.
(3)For common property under a community titles scheme, the applicant must be the body corporate for the community titles scheme.
(4)For the applicant to be eligible to receive assistance for business premises—
(a)the applicant must own the premises or, if an entity other than the applicant owns the premises, the authority must be satisfied that the applicant has a sufficient connection with that entity; and

Examples of a sufficient connection with an entity—

the applicant is a director of a company that owns the premises
the premises are owned by the applicant’s self-managed superannuation fund
(b)the applicant must carry on a small business from the premises.
(5)In this section—
body corporate see the Body Corporate and Community Management Act 1997 , schedule 6 .
community titles scheme see the Body Corporate and Community Management Act 1997 , section 10.
joint owner, of premises, means a person who is an owner of the premises under a joint tenancy or tenancy in common.

s 9 prev s 9 om 2014 SL No. 51s 6

pres s 9 ins 2018 SL No. 54s 5

10Additional program specific eligibility criteria

(1)For an applicant to be eligible to receive a loan under the solar program—
(a)the application for assistance must be for the supply and installation of an eligible solar PV system; and
(b)the applicant must have incurred total electricity costs at the premises at which the system is to be installed, or at the applicant’s previous principal place of residence, of at least $1,000 over the 6 months, or at least $2,000 over the 12 months, preceding the application; and
(c)at least 1 person named in the application must be receiving Family Tax Benefit B; and
(d)the eligible solar PV system must have been approved by the authority; and
(e)the eligible solar PV system must be installed by an eligible solar supplier.
(2)For an applicant to be eligible to receive a loan and a grant, or a grant only, under the battery program—
(a)the application for assistance must be for the supply and installation of an eligible battery energy storage system; and
(b)the eligible battery energy storage system must have been approved by the authority; and
(c)the eligible battery energy storage system must be installed by an eligible battery energy storage system supplier.
(3)For an applicant to be eligible to receive a loan and a grant, or a grant only, under the combined solar and battery program—
(a)the application for assistance must be for the supply and installation of an eligible combined solar and battery energy storage system; and
(b)the eligible combined solar and battery energy storage system must have been approved by the authority; and
(c)the eligible combined solar and battery energy storage system must be installed by an eligible battery energy storage system supplier.
(4)In this section—
eligible solar supplier means a supplier of solar PV systems that—
(a) is a signatory to—
(i)the Solar Retailer Code of Conduct approved by the Clean Energy Council; or
(ii)another code of conduct, relating to the supply and installation by solar suppliers of solar PV systems, approved by a relevant entity; and
(b)conducts some or all of its operations from premises in Queensland.
relevant entity means an entity approved by the chief executive of the department administering the Electricity Act 1994 as being suitable to assess a code of conduct relating to the supply and installation by solar suppliers of solar PV systems.

s 10 prev s 10 om 2014 SL No. 51s 6

pres s 10 ins 2018 SL No. 54s 5

11Conditions of assistance

(1)The payment of financial assistance under the scheme is subject to the following conditions—
(a)before receiving the assistance, a person must—
(i)enter into a written agreement with the authority that sets out the terms on which the assistance is provided; and
(ii)give the authority a tax invoice for the supply and installation of the eligible system for which the assistance is provided;
(b)the payment of the assistance for the supply and installation of an eligible system is to be made directly by the authority to the supplier of the system;

Note—

The payment of the assistance can not be made to reimburse an applicant for payments made by the applicant to the supplier of the eligible system.
(c)the payment of the assistance can not be made for an eligible system that is to be financed under a lease or solar power purchase agreement;
(d)the authority may cancel an approval for assistance to install and purchase an eligible system if the scheme recipient does not provide evidence the system has been installed within 6 months after the approval;
(e)a scheme recipient must, after the installation of an eligible battery energy storage system under the battery program or the combined solar and battery program, allow for a safety inspection of the system by a person nominated by the chief executive of the department administering the Electricity Act 1994 , at no charge to the scheme recipient;
(f)a scheme recipient must disclose matters required by the authority, or to persons nominated by the authority, to enable—
(i)a safety inspection of the eligible system; or
(ii)an evaluation of the eligible system or of a program under the scheme;
(g)a scheme recipient must comply with the terms of the agreement mentioned in paragraph (a)(i).
(2)In this section—
scheme recipient means a person who has received assistance under the scheme.

s 11 prev s 11 amd 2012 SL No. 11s 3(1); 2012 SL No. 84s 3(1)

om 2014 SL No. 51s 6

pres s 11 ins 2018 SL No. 54s 5

12Applications

(1)An application for assistance for a program under the scheme must—
(a)be made to the authority by accessing the website of the department administering the Electricity Act 1994 or on the approved application form for the program; and
(b)be made on or after the day stated on the website as the day after which applications for assistance may be made; and
(c)be accompanied by the documents stated on the website or on the approved application form; and
(d)be considered by the authority in the order it is received by the authority.
(2)If the authority asks the applicant to provide further information to decide the application, the applicant must provide the information.

s 12 prev s 12 om 2014 SL No. 51s 6

pres s 12 ins 2018 SL No. 54s 5

13Deciding applications

(1)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 for a program under the scheme if—
(a)the application is received after 30 June 2019; or
(b)the authority’s assistance funds for the program are not sufficient to pay for the assistance.

s 13 prev s 13 om 2014 SL No. 51s 6

pres s 13 ins 2018 SL No. 54s 5

14Time limits applying to applications and to financial assistance under the scheme

(1)An application for assistance under the scheme must be received by the authority by 30 June 2019.
(2)The authority must not provide financial assistance under the scheme after 30 June 2020.

s 14 prev s 14 amd 2012 SL No. 11s 3(2); 2012 SL No. 84s 3(2)

om 2014 SL No. 51s 6

pres s 14 ins 2018 SL No. 54s 5

15[Repealed]

s 15 om 2014 SL No. 51s 6

sch 9 prev om 2014 SL No. 51s 6

pres sch 9 ins 2018 SL No. 54s 5

Schedule 10 [Repealed]

Part 1 [Repealed]

pt hdg om 2014 SL No. 51s 6

1[Repealed]

s 1 om 2014 SL No. 51s 6

2[Repealed]

s 2 om 2014 SL No. 51s 6

3[Repealed]

s 3 om 2014 SL No. 51s 6

Part 2 [Repealed]

pt hdg om 2014 SL No. 51s 6

4[Repealed]

s 4 om 2014 SL No. 51s 6

5[Repealed]

s 5 om 2014 SL No. 51s 6

6[Repealed]

s 6 om 2014 SL No. 51s 6

7[Repealed]

s 7 om 2014 SL No. 51s 6

8[Repealed]

s 8 om 2014 SL No. 51s 6

9[Repealed]

s 9 om 2014 SL No. 51s 6

11[Repealed]

s 11 om 2014 SL No. 51s 6

12[Repealed]

s 12 om 2014 SL No. 51s 6

14[Repealed]

s 14 om 2014 SL No. 51s 6

sch hdg amd 2011 SL No. 192s 5

sch 10 om 2014 SL No. 51s 6

Schedule 11 [Repealed]

Part 1 [Repealed]

pt hdg om 2014 SL No. 51s 6

1[Repealed]

s 1 om 2014 SL No. 51s 6

2[Repealed]

s 2 om 2014 SL No. 51s 6

3[Repealed]

s 3 om 2014 SL No. 51s 6

Part 2 [Repealed]

pt hdg om 2014 SL No. 51s 6

4[Repealed]

s 4 om 2014 SL No. 51s 6

5[Repealed]

s 5 om 2014 SL No. 51s 6

6[Repealed]

s 6 om 2014 SL No. 51s 6

7[Repealed]

s 7 om 2014 SL No. 51s 6

8[Repealed]

s 8 om 2014 SL No. 51s 6

9[Repealed]

s 9 om 2014 SL No. 51s 6

11[Repealed]

s 11 om 2014 SL No. 51s 6

sch hdg amd 2011 SL No. 192s 5

sch 11 om 2014 SL No. 51s 6

Schedule 12 [Repealed]

Part 1 [Repealed]

pt hdg om 2014 SL No. 51s 6

1[Repealed]

s 1 om 2014 SL No. 51s 6

2[Repealed]

s 2 om 2014 SL No. 51s 6

3[Repealed]

s 3 om 2014 SL No. 51s 6

Part 2 [Repealed]

pt hdg om 2014 SL No. 51s 6

4[Repealed]

s 4 om 2014 SL No. 51s 6

5[Repealed]

s 5 om 2014 SL No. 51s 6

6[Repealed]

s 6 om 2014 SL No. 51s 6

7[Repealed]

s 7 om 2014 SL No. 51s 6

8[Repealed]

s 8 om 2014 SL No. 51s 6

10[Repealed]

s 10 om 2014 SL No. 51s 6

11[Repealed]

s 11 om 2014 SL No. 51s 6

12[Repealed]

s 12 om 2014 SL No. 51s 6

14[Repealed]

s 14 om 2014 SL No. 51s 6

sch hdg amd 2011 SL No. 192s 5

sch 12 om 2014 SL No. 51s 6

Schedule 13 [Repealed]

Part 1 [Repealed]

pt hdg om 2014 SL No. 51s 6

1[Repealed]

s 1 om 2014 SL No. 51s 6

2[Repealed]

s 2 om 2014 SL No. 51s 6

3[Repealed]

s 3 om 2014 SL No. 51s 6

4[Repealed]

s 4 om 2014 SL No. 51s 6

Part 2 [Repealed]

pt hdg om 2014 SL No. 51s 6

5[Repealed]

s 5 om 2014 SL No. 51s 6

6[Repealed]

s 6 om 2014 SL No. 51s 6

7[Repealed]

s 7 om 2014 SL No. 51s 6

8[Repealed]

s 8 om 2014 SL No. 51s 6

9[Repealed]

s 9 om 2014 SL No. 51s 6

10[Repealed]

s 10 om 2014 SL No. 51s 6

11[Repealed]

s 11 om 2014 SL No. 51s 6

12[Repealed]

s 12 om 2014 SL No. 51s 6

13[Repealed]

s 13 om 2014 SL No. 51s 6

14[Repealed]

s 14 amd 2012 SL No. 11s 7(1); 2012 SL No.84 s 5(1)

om 2014 SL No. 51s 6

15[Repealed]

s 15 om 2014 SL No. 51s 6

16[Repealed]

s 16 om 2014 SL No. 51s 6

17[Repealed]

s 17 om 2014 SL No. 51s 6

19[Repealed]

s 19 om 2014 SL No. 51s 6

sch hdg amd 2011 SL No. 192s 5

sch 13 om 2014 SL No. 51s 6

Schedule 15 [Repealed]

sch 14 amd 2011 SL No. 192s 5

om 2014 SL No. 51s 6

1[Repealed]

s 1 om 2014 SL No. 51s 6

2[Repealed]

s 2 om 2014 SL No. 51s 6

3[Repealed]

s 3 om 2014 SL No. 51s 6

def eligibility period ins 2012 SL No. 76s 3(1)

def final purchase day ins 2012 SL No. 76s 3(1)

4[Repealed]

s 4 amd 2012 SL No. 76s 3(2)–(3)

om 2014 SL No. 51s 6

5[Repealed]

s 5 om 2014 SL No. 51s 6

6[Repealed]

s 6 om 2014 SL No. 51s 6

7[Repealed]

s 7 om 2014 SL No. 51s 6

9[Repealed]

s 9 om 2014 SL No. 51s 6

sch hdg amd 2011 SL No. 192s 5

sch 15 om 2014 SL No. 51s 6

Schedule 16 Schemes approved under Act, section 11(4)

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.
2The scheme set out in the document called ‘Farm Finance: Concessional Loans Scheme—Scheme Guidelines for Queensland’, published by the authority.
3The scheme set out in the document called ‘Drought Concessional Loans Scheme—Scheme Guidelines for Queensland’, published by the authority.

Editor’s note—

The document is available on the authority’s website.
4The scheme set out in the document called ‘Drought Recovery Concessional Loans Scheme—Scheme Guidelines for Queensland’, published by the authority.
5The scheme set out in the documents called ‘Farm Business Concessional Loans Scheme—Drought Assistance Concessional Loans—Guidelines for Queensland’ and ‘Farm Business Concessional Loans Scheme—Business Improvement Concessional Loans—Guidelines for Queensland’, published by the authority.

Editor’s note—

The documents are available on the authority’s website.

sch 16 ins 2011 SL No. 192s 6

amd 2013 SL No. 157s 3; 2014 SL No. 114s 3; 2014 SL No. 327s 3; 2016 SL No. 194s 3; 2017 SL No. 123s 6

Schedule 17 [Repealed]

Part 1 [Repealed]

pt hdg om 2014 SL No. 51s 6

1[Repealed]

s 1 om 2014 SL No. 51s 6

2[Repealed]

s 2 om 2014 SL No. 51s 6

3[Repealed]

s 3 om 2014 SL No. 51s 6

4[Repealed]

s 4 om 2014 SL No. 51s 6

Part 2 [Repealed]

pt hdg om 2014 SL No. 51s 6

5[Repealed]

s 5 om 2014 SL No. 51s 6

6[Repealed]

s 6 om 2014 SL No. 51s 6

7[Repealed]

s 7 om 2014 SL No. 51s 6

8[Repealed]

s 8 om 2014 SL No. 51s 6

9[Repealed]

s 9 om 2014 SL No. 51s 6

10[Repealed]

s 10 om 2014 SL No. 51s 6

11[Repealed]

s 11 om 2014 SL No. 51s 6

12[Repealed]

s 12 om 2014 SL No. 51s 6

13[Repealed]

s 13 om 2014 SL No. 51s 6

15[Repealed]

s 15 om 2014 SL No. 51s 6

16[Repealed]

s 16 om 2014 SL No. 51s 6

17[Repealed]

s 17 om 2014 SL No. 51s 6

19[Repealed]

s 19 om 2014 SL No. 51s 6

sch 17 ins 2012 SL No. 44s 4

om 2014 SL No. 51s 6

Schedule 20 Hendra virus PPE Rebate Scheme

section 3 (1)

sch 18 ins 2012 SL No. 44s 4

om 2014 SL No. 51s 6

sch 19 ins 2012 SL No. 51s 4

om 2014 SL No. 51s 6

1Objective of scheme

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.

2Nature of assistance

(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).

3Definitions for sch 20

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.

def approved entity sub 2016 SL No. 75s 129sch 12

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.

Examples of diagnostic tests—

polymerase chain reaction test
virus isolation test
enzyme linked immunosorbent assay test
virus neutralisation test
eligible 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.

4Meaning of prescribed PPE

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).

5General eligibility criteria

(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.

9Applications

(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.

10Deciding applications

The authority must consider, and decide to approve or refuse to approve, each application for assistance under the scheme.

sch 20 ins 2012 SL No. 85s 5

Schedule 21 Natural Disaster Relief (Non-profit Organisations) Scheme

section 3 (1)

Part 1 Preliminary

1Objective of scheme

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. 176s 6

amd 2013 SL No. 19s 6

2Purpose of assistance

(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. 176s 6

amd 2013 SL No. 19s 6

3Definitions for sch 21

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.

Editor’s note—

Defined disaster areas are published on the authority’s website.

def defined disaster area amd 2013 SL No. 19s 6

development see the Planning Act 2016 , schedule 2.

def development sub 2017 SL No. 103s 115

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. 19s 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.

Editor’s note—

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. 176s 6

4Meaning of eligible disaster

(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. 176s 6

amd 2013 SL No. 19 ss 6, 9

Part 2 General provisions for scheme

5Nature of assistance

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. 176s 6

amd 2013 SL No. 19s 6; 2014 SL No. 169s 6

8Eligibility criteria

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; and

Example—

The 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. 176s 6

amd 2013 SL No. 19s 6

9Security

A loan under the scheme must be secured to the satisfaction of the authority.

10Terms of repayment

(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.

11Conditions

(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.

12Applications

(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.

13Deciding applications

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. 176s 6

Schedule 22 [Repealed]

Part 1 [Repealed]

pt hdg om 2014 SL No. 51s 6

1[Repealed]

s 1 om 2014 SL No. 51s 6

2[Repealed]

s 2 om 2014 SL No. 51s 6

3[Repealed]

s 3 om 2014 SL No. 51s 6

4[Repealed]

s 4 om 2014 SL No. 51s 6

Part 2 [Repealed]

pt hdg om 2014 SL No. 51s 6

Division 1 [Repealed]

div 1 (s 5) om 2014 SL No. 51s 6

5[Repealed]

div 1 (s 5) om 2014 SL No. 51s 6

Division 2 [Repealed]

div 2 (s 6) om 2014 SL No. 51s 6

6[Repealed]

div 2 (s 6) om 2014 SL No. 51s 6

Division 3 [Repealed]

div 3 (s 7) om 2014 SL No. 51s 6

7[Repealed]

div 3 (s 7) om 2014 SL No. 51s 6

Division 4 [Repealed]

div 4 (ss 8–12) om 2014 SL No. 51s 6

8[Repealed]

div 4 (ss 8–12) om 2014 SL No. 51s 6

9[Repealed]

div 4 (ss 8–12) om 2014 SL No. 51s 6

10[Repealed]

div 4 (ss 8–12) om 2014 SL No. 51s 6

11[Repealed]

div 4 (ss 8–12) om 2014 SL No. 51s 6

12[Repealed]

div 4 (ss 8–12) om 2014 SL No. 51s 6

Division 5 [Repealed]

div hdg om 2014 SL No. 51s 6

14[Repealed]

s 14 om 2014 SL No. 51s 6

15[Repealed]

s 15 om 2014 SL No. 51s 6

sch 22 ins 2012 SL No. 195s 4

amd 2013 SL No. 194s 4(1)

om 2014 SL No. 51s 6

Schedule 23 Natural Disaster Recovery Grants Scheme

section 3 (1)

sch hdg ins 2013 SL No. 19s 10

amd 2016 SL No. 133s 3

Part 1 Preliminary

pt hdg ins 2013 SL No. 19s 10

1Objective of scheme

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. 19s 10

2Purpose of assistance

(1)The purpose of the assistance under the scheme is to help an eligible entity pay for costs of clean up and reinstatement of eligible entities that have suffered 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. 19s 10

amd 2016 SL No. 133s 4

3Definitions for sch 23

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. 74s 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.

Editor’s note—

Documents describing defined disaster areas are published on the authority’s website.

def defined disaster area amd 2016 SL No. 133s 5(1)

disaster zone see section 6A(2).

def disaster zone ins 2015 SL No. 74s 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.

def eligible entity amd 2015 SL No. 74s 4(3)

exceptional circumstances grant see section 7(2)(b).

def exceptional circumstances grant ins 2015 SL No. 74s 4(2)

livestock includes poultry.

def livestock ins 2015 SL No. 74s 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.

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.

def natural disaster relief and recovery arrangements amd 2016 SL No. 133s 5(2)

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. 74s 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. 74s 4(2)

stated closing day see section 6A(1)(f).

def stated closing day ins 2015 SL No. 74s 4(2)

s 3 ins 2013 SL No. 19s 10

4Meaning of eligible disaster

(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 Planning Act 2016 , schedule 2.

s 4 ins 2013 SL No. 19s 10

amd 2017 SL No. 103s 116

5Meaning of small business

(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 for the clean-up and reinstatement of 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.
(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.
(4)For subsection (1)(b), the number of equivalent full-time employees of a business is worked out using the formula—

equation

      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. 19s 10

amd 2015 SL No. 74s 5; 2016 SL No. 133s 6

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. 74s 6

Part 2 Establishment of assistance

pt hdg ins 2013 SL No. 19s 10

sub 2015 SL No. 74s 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.

s 6 ins 2013 SL No. 19s 10

sub 2015 SL No. 74s 7

amd 2016 SL No. 133s 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; and

Note—

Under 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; and

Note—

Even 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; and

Note—

See 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.

Note—

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. 74s 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. 74s 7

Part 3 Nature of assistance

pt hdg ins 2013 SL No. 19s 10

sub 2015 SL No. 74s 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-up and reinstate 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 (f) 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 (f) or (2) applies (an exceptional circumstances grant).

s 7 ins 2013 SL No. 19s 10

sub 2015 SL No. 74s 7

amd 2016 SL No. 133s 8

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.

s 8 ins 2013 SL No. 19s 10

sub 2015 SL No. 74s 7; 2016 SL No. 133s 9

Part 4 Eligibility for assistance

pt hdg ins 2013 SL No. 19s 10

9APurpose of pt 4

This part provides for the eligibility of an entity for assistance under the scheme.

s 9A ins 2015 SL No. 74s 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. 19s 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. 19s 10

sub 2015 SL No. 74s 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.

s 12 ins 2013 SL No. 19s 10

amd 2015 SL No. 74s 10; 2016 SL No. 133s 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 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.

s 13 ins 2013 SL No. 19s 10

sub 2015 SL No. 74s 11

amd 2016 SL No. 133s 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. 19s 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. 19s 10

sub 2015 SL No. 74s 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. 19s 10

sub 2015 SL No. 74s 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 (f) or (2) applies.

s 17 ins 2013 SL No. 19s 10

sub 2015 SL No. 74s 12

amd 2016 SL No. 133s 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. 19s 10

sub 2015 SL No. 74s 12

Part 5 Conditions of assistance

pt 5 (s 19) ins 2013 SL No. 19s 10

sub 2015 SL No. 74s 12

19Keeping records for audit

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. 19s 10

sub 2015 SL No. 74s 12

Part 6 Amount of assistance

pt hdg (prev pt 7 hdg) ins 2013 SL No. 19s 10

renum 2015 SL No. 74s 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. 19s 10

amd 2015 SL No. 74s 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. 74s 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. 19s 10

amd 2015 SL No. 74s 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. 19s 10

amd 2015 SL No. 74s 17

Part 7 Other provisions about applications

pt hdg (prev pt 8 hdg) ins 2013 SL No. 19s 10

renum 2015 SL No. 74s 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. 19s 10

sub 2015 SL No. 74s 19

24Deciding applications

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. 19s 10

sch 23 ins 2013 SL No. 19s 10

Schedule 24 [Repealed]

Part 1 [Repealed]

pt hdg om 2014 SL No. 51s 6

1[Repealed]

s 1 om 2014 SL No. 51s 6

2[Repealed]

s 2 om 2014 SL No. 51s 6

3[Repealed]

s 3 om 2014 SL No. 51s 6

Part 2 [Repealed]

pt hdg om 2014 SL No. 51s 6

4[Repealed]

s 4 om 2014 SL No. 51s 6

5[Repealed]

s 5 om 2014 SL No. 51s 6

6[Repealed]

s 6 om 2014 SL No. 51s 6

7[Repealed]

s 7 om 2014 SL No. 51s 6

8[Repealed]

s 8 om 2014 SL No. 51s 6

9[Repealed]

s 9 om 2014 SL No. 51s 6

10[Repealed]

s 10 om 2014 SL No. 51s 6

12[Repealed]

s 12 om 2014 SL No. 51s 6

sch 24 ins 2013 SL No. 26s 4

om 2014 SL No. 51s 6

Schedule 25 Bovine Johne’s Disease Assistance Scheme

section 3 (1)

Part 1 Preliminary

1Objective of scheme

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. 230s 3(1)

2Purpose of assistance

(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. 230s 3(2)

3Definitions for sch 25

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 market
animal 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; and

Editor’s note—

The requirements for gaining A1, A2 and A3 assessor accreditation are stated on AuctionsPlus Pty Ltd’s website.
(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.
bovine Johne’s disease means the bovine strains of Mycobacterium avium paratuberculosis.
cattle holding means a place where cattle are kept, pastured or grazed.

Examples—

a farm
a feedlot
certificate of health means a certificate of health that complies with the repealed Stock Regulation 1988 , section 10 .

def certificate of health amd 2016 SL No. 75s 129sch 12

direct market assistance see section 5(a).
disease plan, for part 4A , see section 11A.

def disease plan ins 2014 SL No. 230s 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. 136s 3(1)

amd 2016 SL No. 75s 129sch 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.
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. 75s 129sch 12

property disease eradication plan means a written plan for eradicating bovine Johne’s disease by destocking prepared consistently with the PDIP guide.

Note—

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. 230s 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. 230s 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.
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. 81s 4

4Meaning of related entity

(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. 230s 3(4); 2016 SL No. 15s 22sch 1

Part 2 General provisions for scheme

5Nature of assistance

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. 230s 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.

Note—

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. 2s 3

sub 2014 SL No. 230s 3(7)

amd 2015 SL No. 8s 3(1)

7Eligibility criteria

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. 81s 4

amd 2013 SL No. 136s 3(2); 2014 SL No. 230s 3(8)–(10); 2016 SL No. 75s 129sch 12

Part 3 Direct market assistance

8Eligibility criteria

(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;

Editor’s note—

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. 81s 4

amd 2013 SL No. 136s 3(3)–(6); 2014 SL No. 230s 3(11); 2016 SL No. 75s 129sch 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.

Example—

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. 230s 3(12)

Part 4 Supply chain pathway assistance

10Eligibility criteria

(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. 230s 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. 230s 3(14)

Part 4A Short-term assistance

pt 4A (ss 11A–11C) ins 2014 SL No. 230s 3(15)

11ADefinition for pt 4A

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. 230s 3(15)

11BEligibility criteria

(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. 230s 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.

Examples of costs—

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. 230s 3(15)

Part 5 Other provisions

12Conditions of assistance

(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.

Examples of another document—

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. 230s 3(16)–(19)

13Applications

(1)An application for assistance under the scheme must be—
(a)made on the authority’s application form; and
(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. 92s 6; 2015 SL No. 8s 3(2)

14Deciding applications

(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.

sch 25 ins 2013 SL No. 81s 4

Schedule 26 Particular commercial fishing boat licences surrender scheme

section 3 (1)

Part 1 Preliminary

pt hdg ins 2015 SL No. 125s 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.

Note—

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. 125s 10

Part 2 Definitions

pt hdg ins 2015 SL No. 125s 10

Division 1 Key definitions

div hdg ins 2015 SL No. 125s 10

2What is a relevant licence

(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. 125s 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. 125s 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. 125s 10

5What is a surrender offer

A surrender offer is an offer, included in an application, to surrender a relevant licence.

s 5 ins 2015 SL No. 125s 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. 125s 10

Division 2 Other definitions

div hdg ins 2015 SL No. 125s 10

7Other definitions for sch 26

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. 125s 10

Part 3 General provisions for scheme

pt hdg ins 2015 SL No. 125s 10

Division 1 Nature of assistance

div hdg ins 2015 SL No. 125s 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. 125s 10

Division 2 Invitations for surrender offers

div hdg ins 2015 SL No. 125s 10

9Invitation 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 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. 125s 10

Division 3 Application can not be made if any Fisheries Act 1994 compensation paid

div hdg ins 2015 SL No. 125s 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. 125s 10

Division 4 Eligibility

div hdg ins 2015 SL No. 125s 10

11Eligibility criteria

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. 125s 10

Division 5 Dealing with surrender offers

div hdg ins 2015 SL No. 125s 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. 125s 10

13State not required to accept surrender offer

The State is not required to accept a surrender offer.

s 13 ins 2015 SL No. 125s 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. 125s 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. 125s 10

Division 6 Other provisions

div hdg ins 2015 SL No. 125s 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. 125s 10

17Applications

(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. 125s 10

18Deciding applications

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. 125s 10

Part 4 Table for working out relevant amount

pt hdg ins 2015 SL No. 125s 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. 125s 10

sch 26 prev sch 26 ins 2013 SL No. 194s 5

om 2014 SL No. 51s 6

pres sch 26 ins 2015 SL No. 125s 10

Schedule 27 Payments to holders of commercial fisher licences for prohibition on possession or use of particular nets scheme

section 3 (1)

Part 1 Preliminary

pt hdg ins 2015 SL No. 125s 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.

Note—

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. 125s 10

Part 2 Definitions

pt hdg ins 2015 SL No. 125s 10

Division 1 Key definitions

div hdg ins 2015 SL No. 125s 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. 125s 10

3What is the relevant amount

(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. 125s 10

Division 2 Other definitions

div hdg ins 2015 SL No. 125s 10

4Other definitions for sch 27

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. 125s 10

Part 3 General provisions for scheme

pt hdg ins 2015 SL No. 125s 10

Division 1 Nature of assistance

div hdg ins 2015 SL No. 125s 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. 125s 10

Division 2 Invitations for applications for payment

div hdg ins 2015 SL No. 125s 10

6Invitation notice

(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. 125s 10 (amd 2015 SL No. 148s 4(1))

Division 3 Application can not be made if any Fisheries Act 1994 compensation paid

div hdg ins 2015 SL No. 125s 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. 125s 10

Division 4 Eligibility

div hdg ins 2015 SL No. 125s 10

8Eligibility criteria

(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. 125s 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. 125s 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. 125s 10 (amd 2015 SL No. 148s 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. 125s 10 (amd 2015 SL No, 148 s 4(3))

12Applications

(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. 125s 10

13Deciding applications

The authority must consider, and decide to approve or refuse to approve, each application.

s 13 ins 2015 SL No. 125s 10

sch 27 ins 2015 SL No. 125s 10

Schedule 28 Additional payments to particular holders of commercial fisher licences scheme

section 3 (1)

Part 1 Preliminary

pt hdg ins 2015 SL No. 148s 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.

Note—

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. 148s 7

Part 2 Definitions

pt hdg ins 2015 SL No. 148s 7

Division 1 Key definitions

div hdg ins 2015 SL No. 148s 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. 148s 7

3What is the relevant amount

(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. 148s 7

Division 2 Other definitions

div hdg ins 2015 SL No. 148s 7

4Other definitions for sch 28

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. 148s 7

Part 3 General provisions for scheme

pt hdg ins 2015 SL No. 148s 7

Division 1 Nature of assistance

div hdg ins 2015 SL No. 148s 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. 148s 7

Division 2 Invitations for applications for payment

div hdg ins 2015 SL No. 148s 7

6Invitation notice

(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. 148s 7

Division 3 Application can not be made if Fisheries Act 1994 compensation paid

div hdg ins 2015 SL No. 148s 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. 148s 7

Division 4 Eligibility

div hdg ins 2015 SL No. 148s 7

8Eligibility criteria

(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. 148s 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. 148s 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. 148s 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. 148s 7

12Applications

(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. 148s 7

sch 28 ins 2015 SL No. 148s 7

Schedule 29 Further commercial fishing licences surrender scheme

section 3 (1)

Part 1 Preliminary

pt hdg ins 2016 SL No. 125s 5

1Objective of scheme

(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.

Note—

See the Fisheries Regulation 2008 , chapter 2 , part 12A .

s 1 ins 2016 SL No. 125s 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. 125s 5

Part 2 Definitions

pt hdg ins 2016 SL No. 125s 5

Division 1 Key definitions

div hdg ins 2016 SL No. 125s 5

3What is a relevant licence

(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. 125s 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. 125s 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. 125s 5

6What is a surrender offer

A surrender offer is an offer, included in an application, to surrender a relevant licence.

s 6 ins 2016 SL No. 125s 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. 125s 5

Division 2 Other definitions

div hdg ins 2016 SL No. 125s 5

8Other definitions for sch 29

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. 125s 5

Part 3 General provisions for scheme

pt hdg ins 2016 SL No. 125s 5

Division 1 Nature of assistance

div hdg ins 2016 SL No. 125s 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. 125s 5

Division 2 Invitations for surrender offers

div hdg ins 2016 SL No. 125s 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. 125s 5

Division 3 Eligibility

div hdg ins 2016 SL No. 125s 5

11Eligibility criteria

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. 125s 5

Division 4 Dealing with surrender offers

div hdg ins 2016 SL No. 125s 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. 125s 5

13State not required to accept surrender offer

The State is not required to accept a surrender offer.

s 13 ins 2016 SL No. 125s 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. 125s 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. 125s 5

Division 5 Other provisions

div hdg ins 2016 SL No. 125s 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. 125s 5

17Applications

(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. 125s 5

18Deciding applications

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. 125s 5

Part 4 Table for working out relevant amount

pt hdg ins 2016 SL No. 125s 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. 125s 5

sch 29 ins 2016 SL No. 125s 5

Schedule 30 Farm management grants scheme

section 3 (1)

sch hdg ins 2017 SL No. 37s 4

Part 1 Preliminary

pt hdg ins 2017 SL No. 37s 4

1Objective of scheme

The objective of the scheme is to help primary producers for primary production enterprises, or interested persons, who have received eligible professional advice from a suitably qualified professional adviser.

s 1 ins 2017 SL No. 37s 4

2Nature of assistance

The nature of the assistance that may be given to an applicant under the scheme is a rebate to offset the cost of the eligible professional advice incurred by the applicant.

s 2 ins 2017 SL No. 37s 4

3Definitions for sch 30

In this schedule—
applicant means a person applying for financial assistance under the scheme.
eligible professional advice means eligible professional advice under section 4 (1).
interested person, for a primary production enterprise, means a person who—
(a)is a child of, or is otherwise related to, a primary producer for the primary production enterprise; and
(b)has acquired, or is intending to acquire, an interest in the primary production enterprise.
official receipt means a receipt that includes—
(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 spends the majority of the trader’s labour on, and derives the majority of the trader’s income from, a primary production enterprise; or
(b)in relation to a partnership, proprietary company or trust that carries on a primary production enterprise, any partner in the partnership, shareholder in the company or beneficiary of the trust who spends the majority of their labour on, and derives 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.
proprietary company means a proprietary company within the meaning of the Corporations Act.
scheme means the scheme set out in this schedule.
suitably qualified professional adviser, for eligible professional advice, means a person who has—
(a)the relevant qualifications and experience to give the advice; or
(b)membership of a professional body that entitles the adviser to give the advice.

Examples of a suitably qualified professional adviser—

accountant, financial planner, lawyer

s 3 ins 2017 SL No. 37s 4

4Eligible professional advice

(1)Eligible professional advice under the scheme is professional advice about—
(a)the acquisition of an interest in a primary production enterprise by an interested person for the enterprise; and
(b)particular aspects of the management of a primary production enterprise decided by the Minister to be professional advice to which the scheme applies.

Examples of professional advice—

accountancy advice, financial planning, legal advice
(2)If the Minister makes a decision under subsection (1)(b), the Minister must notify the authority about the decision.
(3)The authority must publish notice of the Minister’s decision on the authority’s website.

s 4 ins 2017 SL No. 37s 4

5Eligibility criteria

For an applicant to be eligible to receive assistance under the scheme, the authority must be satisfied that—
(a)the applicant is a primary producer or is an interested person for a primary production enterprise; and
(b)the applicant has paid for, or will pay for, eligible professional advice; and
(c)the eligible professional advice was or will be given by a suitably qualified professional adviser who is—
(i)not related to the applicant; and
(ii)not employed by an entity owned or partially owned by the applicant; and
(d)the authority has funds available to give the applicant a rebate under the scheme.

s 5 ins 2017 SL No. 37s 4

6Amount and payment of assistance

(1)The amount of the rebate payable to an applicant is half the amount paid by the applicant for eligible professional advice up to a maximum of $2500 for each official receipt and tax invoice for the eligible professional advice that is given to the authority.
(2)However, an applicant may be paid a maximum of only $2500 in each financial year.

s 6 ins 2017 SL No. 37s 4

7Applications

(1)An application for assistance under the scheme may be made before or after the applicant pays for eligible professional advice.
(2)An application for assistance under the scheme made before the applicant pays for eligible professional advice must be—
(a)made on the application form approved by the authority; and
(b)accompanied by the documents mentioned in the application form.
(3)An application for assistance under the scheme made after the applicant pays for eligible professional advice must be—
(a)made on the application form approved by the authority; and
(b)accompanied by—
(i)an official receipt and tax invoice for the eligible professional advice showing that all amounts claimed by the applicant under the scheme have been paid by the applicant; and
(ii)the documents mentioned in the application form.

s 7 ins 2017 SL No. 37s 4

8Deciding the application

The authority must consider, and decide to approve or refuse to approve, each application for assistance.

s 8 ins 2017 SL No. 37s 4

9When rebate is payable for eligible professional advice paid for after application made

(1)This section applies to the authority in relation to an application for assistance under the scheme that—
(a)was made before the applicant paid for eligible professional advice; and
(b)was approved by the authority.
(2)Payment of a rebate to the applicant may be made only if the applicant gives the authority an official receipt and tax invoice showing that all amounts claimed by the applicant under the scheme have been paid by the applicant.

s 9 ins 2017 SL No. 37s 4

Schedule 31 White spot disease concessional loan scheme

section 3 (1)

Part 1 Preliminary

pt hdg ins 2017 SL No. 123s 7

1Objective of scheme

The objective of the scheme is to provide assistance to prawn farmers whose prawn farming primary production enterprises are directly affected by white spot disease to help the enterprises recover from the impact of the disease.

s 1 ins 2017 SL No. 123s 7

2Definitions

In this schedule—
applicant means a prawn farmer applying for a loan under the scheme.
approved form means a form approved by the authority.
prawn farmer means—
(a)a sole trader who—
(i)spends the majority of his or her labour on a prawn farming primary production enterprise; and
(ii)derives the majority of his or her income from the prawn farming primary production enterprise at the time of applying for assistance under the scheme; or
(b)a partnership, proprietary company or trust that carries on a prawn farming primary production enterprise for which the partners, shareholders or beneficiaries—
(i)spend the majority of their labour on the prawn farming primary production enterprise; and
(ii)derive the majority of their income from the prawn farming primary production enterprise at the time of applying for assistance under the scheme.
prawn farming primary production enterprise means an aquaculture business—
(a)for which there is an Australian business number; and
(b)that involves the raising and production of prawns—
(i)for human consumption; or
(ii)for sale to a prawn farmer.
proprietary company means a proprietary company within the meaning of the Corporations Act.
scheme means the scheme set out in this schedule.
white spot disease means the white spot syndrome virus.

s 2 ins 2017 SL No. 123s 7

Part 2 General provisions for scheme

pt hdg ins 2017 SL No. 123s 7

3Nature of assistance

The nature of the assistance under the scheme is a loan, at a concessional interest rate, to a prawn farmer for activities that—
(a)improve the productivity and viability of the prawn farmer’s prawn farming primary production enterprise; or
(b)improve the biosecurity controls of the prawn farmer’s prawn farming primary production enterprise; or

Example of biosecurity controls—

access restrictions, bird nets, fencing, solid waste treatment, water treatment
(c)diversify the source of the prawn farmer’s income.

Example—

buying infrastructure necessary for farming a marine species other than prawns

s 3 ins 2017 SL No. 123s 7

4Maximum amount of loan

The maximum amount of a loan under the scheme is $3,000,000.

s 4 ins 2017 SL No. 123s 7

5Interest rate

(1)The initial interest rate payable by an applicant is the base lending rate 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 when the interest rate is fixed.
(3)At any time during the term of the loan after any period decided under subsection (2)(a), the authority may agree to fix the interest rate for periods of 1, 3 or 5 years.
(4)The authority may, during the term of the loan, increase the interest rate to a commercial rate if the authority is satisfied the applicant’s financial capacity has improved.
(5)If, under subsection (4), 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.
(6)The authority may decide the extent to which the interest rate is to increase under subsection (5) more than once in relation to the applicant.
(7)In this section—
base lending rate means the 1, 3 or 5 year lending rate, as appropriate, of the Queensland Treasury Corporation, plus a margin decided by the authority and approved by the Minister.

s 5 ins 2017 SL No. 123s 7

6Terms of repayment

(1)The term of a loan under the scheme is the term agreed between the authority and the applicant, based on the applicant’s income patterns.
(2)However, the maximum term of a loan under the scheme is 20 years.
(3)The authority may give the applicant an interest only period of not more than 5 years.

s 6 ins 2017 SL No. 123s 7

7Security

If an applicant is given a loan under the scheme, the applicant must give security for the loan that the authority is satisfied is commensurate with the amount of the loan.

s 7 ins 2017 SL No. 123s 7

8Eligibility criteria

(1)An applicant is eligible for a loan under the scheme if—
(a)the applicant demonstrates the following to the authority’s satisfaction—
(i)the applicant is a prawn farmer;
(ii)the applicant has been carrying on a prawn farming primary production enterprise for at least 2 years;
(iii)some or all of the prawn farming primary production enterprise is located on the Logan River catchment or Albert River catchment;
(iv)the applicant’s non-enterprise or liquid assets are no more than the amount needed for prudent risk management of the prawn farming primary production enterprise;
(v)the applicant has sound prospects for commercial viability in the long term;
(vi)the applicant can service the loan; and
(b)the applicant gives the authority a management plan that outlines the intended outcomes associated with the activities for which the applicant is applying for the loan; and
(c)if the loan is sought for activities that require a licence, permit or other approval—
(i)the applicant gives the authority a copy of the licence, permit or approval; or
(ii)the applicant demonstrates to the authority’s satisfaction that the applicant can acquire the licence, permit or approval.
(2)In this section—
management plan, for an applicant applying for a loan under the scheme, means a plan that—
(a)includes details of the activities for which the applicant is applying for the loan; and
(b)states how the activities will—
(i)improve the productivity and viability of the applicant’s prawn farming primary production enterprise; or
(ii)improve the biosecurity controls of the applicant’s prawn farming primary production enterprise; or
(iii)diversify the source of the applicant’s income; and
(c)complies with the guidelines for management plans under the scheme that are issued by the authority.

Note—

A copy of the guidelines for management plans under the scheme may be obtained from the authority.

s 8 ins 2017 SL No. 123s 7

9Applications for assistance

(1)A prawn farmer may apply, in the approved form, for a loan under the scheme.
(2)The application must be given to the authority before 30 June 2018.

s 9 ins 2017 SL No. 123s 7

10Deciding applications for assistance

(1)The authority must consider an application for a loan under the scheme and decide to approve or refuse the application.
(2)Subject to subsection (3), the authority must approve an application if the authority is satisfied—
(a)the applicant is eligible for the loan under section 8 ; and
(b)the application relates to activities mentioned in section 3 (a) to (c).
(3)The authority must refuse an application if the authority’s assistance funds for the scheme are not enough to provide the loan under the scheme.

s 10 ins 2017 SL No. 123s 7

sch 31 ins 2017 SL No. 123s 7