QueenslandIRVINEBANKSTATETREATMENTWORKSREPEALACT2003Reprinted as in
force on 11 September 2003(includes commenced amendments up to
2004 Act No. 4)See endnote 7 for information about
retrospectivityReprint No. 1 revised editionThis
reprint is prepared bythe Office of the Queensland
Parliamentary CounselWarning—This reprint is not an
authorised copyNOT FURTHER AMENDEDLAST REPRINT
BEFORE REPEALSee 2004 Act No. 51 s 10
Information about this reprintThis
Act is reprinted as at 11 September 2003. The reprint shows the law
as amended byall amendments that commenced on or before
that day (Reprints Act 1992 s 5(c)).The reprint
includes a reference to the law by which each amendment was
made—see listoflegislationandlistofannotationsinendnotes. Alsoseelistoflegislationforanyuncommenced amendments.Minor
editorial changes allowed under the provisions of the Reprints Act
1992 have alsobeen made to omit the enacting words (s
42A).This page is specific to this reprint. See
previous reprints for information about earlierchanges made under
the Reprints Act 1992. A table of reprints is included in the
endnotes.Also see endnotes for information
about—•when provisions commenced•editorial changes made in earlier
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s13s2Irvinebank State Treatment Works Repeal Act
2003IRVINEBANK STATE TREATMENT WORKSREPEAL ACT 2003as amended by all
amendments that commenced on or before 11 September 2003]AnActtorepealtheIrvinebankStateTreatmentWorks(SaleandOperation) Act 1990, and for related
matters1Short titleThis Act may be
cited as theIrvinebank State Treatment Works
RepealAct 2003.2DefinitionsIn this
Act—“commencement”means the
commencement of this Act.“deposit”means the $12 000
deposit paid by the purchaser to the State,receipt of which
is acknowledged in the sale agreement.“preliminaryagreement”meanstheagreementdated30June1983entered into by the State and the purchaser,
including all amendmentsto the agreement.“purchaser”means
Frank Hilla.“relevantauthority”meansalease,licence,permitorotherauthoritygranted, given or issued under any
Act.Examples—•a water licence or water permit under
theWater Act 2000•a
mining lease under theMineral Resources Act 1989“saleagreement”meanstheagreement,intheformcontainedintheIrvinebankStateTreatmentWorks(SaleandOperation)Act1990,schedule,dated29August1991enteredintobytheStateandthepurchaser.
s34s5Irvinebank State Treatment Works Repeal Act
2003“site”means lots 18, 19
and 20 on plan HG765 situated in the Parish ofIrvinebank,
County of Hodgkinson, being unallocated State land.“unallocated State land”has the meaning
given under theLand Act 1994,schedule 6.“works”means
the Works within the meaning of the sale agreement.3Termination of preliminary agreement
and sale agreementThe preliminary agreement and the sale
agreement are terminated.5Application of
deposit(1)Subsection (2) applies if—(a)the chief executive gives the
purchaser a trespass notice under theLand Act
1994, section 4061requiring the purchaser to leave thesiteandremovefromthesiteanythingbelongingtothepurchaser;
and(b)anything belonging to the purchaser
(the“forfeited property”)is
forfeited to the State under theLand Act
1994, section 408.2(2)The Minister must apply the
deposit—(a)firstly, in payment of the expenses
reasonably incurred in sellingor otherwise
disposing of the forfeited property; and(b)if
any part of the deposit remains—secondly, in payment to thepurchaser.(3)If
the Minister must act under subsection (2)(b), he or she must do
soas soon as practicable after the day when all
the forfeited property has beensold or otherwise
disposed of by the Minister.(4)Subsection (5) applies if—(a)the chief executive gives the
purchaser a trespass notice under theLand Act
1994, section 406 requiring the purchaser to
leave thesiteandremovefromthesiteanythingbelongingtothepurchaser;
and1Land Act 1994,section 406
(Notice to person to leave land, remove structures etc.)2Land Act 1994,section 408
(Improvements etc. forfeited)
s65s8Irvinebank State Treatment Works Repeal Act
2003(b)nothing belonging to the purchaser is
forfeited to the State undertheLand
Act 1994, section 408.(5)TheMinistermustpaythedeposittothepurchaserassoonaspracticable after the purchaser leaves the
site.(6)Any interest earned on the deposit
remains the property of the State.6Cancellation of authorities, or undecided
applications forauthorities, for operating works(1)This section applies if, at the
commencement—(a)the purchaser holds a relevant
authority in relation to the works;or(b)the purchaser has applied for a
relevant authority in relation tothe works and the
application has not been decided.(2)On
the commencement—(a)a relevant authority mentioned in
subsection (1)(a) is cancelled tothe extent it
relates to the site; and(b)an application
mentioned in subsection (1)(b) is cancelled.(3)Thissectionappliesdespiteanyrequirementsforcancellingtheauthority or application under the Act
providing for the granting, giving orissuing of the
authority.(4)Compensation is not payable for the
cancellation of an authority orapplication under
this section.7Purchaser’s liability for actions etc.
relating to worksThepurchaserissolelyliableforallactions,proceedingsandclaimsrelating to the
occupation or operation of the works by the purchaser.8Purchaser to hand over records
etc.(1)On the commencement, all books of
account and other records keptby the purchaser
relating to the operation of the works become the propertyof the
State.(2)The purchaser must give the records to
the chief executive as soon aspracticable.
s
96s 10Irvinebank State
Treatment Works Repeal Act 20039Repeal of Irvinebank State Treatment Works
(Sale andOperation) Act 1990The Irvinebank
State Treatment Works (Sale and Operation) Act 1990No. 45
is repealed.10Expiry of ActThis Act expires
on 31 December 2004.
8Irvinebank State Treatment Works Repeal
Act 20034Table of reprintsReprints are
issued for both future and past effective dates.For
the most up-to-date tableof reprints, see the reprint with the
latest effective date.Ifareprintnumberincludesaletterofthealphabet,thereprintwasreleasedinunauthorised, electronic form only.TABLE
OF REPRINTSReprintNo.1
rvAmendments included2004 Act No.
4Effective11 September
2003Notes5List
of legislationIrvinebank State Treatment Works Repeal Act
2003 No. 51date of assent 11 September 2003commenced on date of assentexp
31 December 2003 (see s 10)later retrospective amending
legislation—Natural Resources and Other Legislation
Amendment Act 2004 No. 4 pts 1, 3Adate of assent 6
May 2004ss 1–1A commenced on date of assentremaining provisions commenced 11 September
2003 (see s 1A)6List of annotationsDefinitionss 2def“relevant authority”amd
2004 No. 4 s 5B(1) (retro)def“site”amd
2004 No. 4 s 5B(2) (retro)def“the land”om
2004 No. 4 s 5B(3) (retro)Permit to occupy the land to be issued
to purchasers 4om 2004 No.4 s 5C (retro)Purchaser’s liability for actions etc.
relating to workss 7amd 2004 No. 4 s 5D (retro)SCHEDULE—AP11308om 2004 No. 4 s
5E (retro)
