River Improvement Trust Regulation 1987

Queensland River Improvement Trust Act 1987 RIVER IMPROVEMENT TRUST REGULATION 1987 Reprinted as in force on 17 February 1998 (includes amendments up to SL No. 12 of 1998) Reprint No. 1B This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy

Information about this reprint This regulation is reprinted as at 17 February 1998. The reprint shows the law as amended by all 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 list of legislation and list of annotations in endnotes. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of earlier reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints.

Queensland RIVER IMPROVEMENT TRUST REGULATION 1987 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 PART 2—MEETINGS ETC. OF TRUST 5 Meetings of the trust . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 6 Payments to members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 PART 2A—RIVER IMPROVEMENT AREAS AND TRUSTS 6AA Burdekin Shire Rivers Improvement Area . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 6A Cairns river improvement area and trust . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 6B Ipswich rivers improvement area and trust . . . . . . . . . . . . . . . . . . . . . . . . . . 6 6C Warwick Shire river improvement area and trust . . . . . . . . . . . . . . . . . . . . . 6 6D Whitsunday rivers improvement area and trust . . . . . . . . . . . . . . . . . . . . . . . 7 PART 3—GENERAL 7 Improvement notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 8 Annual budget . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 9 Interference with pegs etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 9 FEES ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . 10 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

2 River Improvement Trust Regulation 1987 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

s1 3 s5 River Improvement Trust Regulation 1987 RIVER IMPROVEMENT TRUST REGULATION 1987 [as amended by all amendments that commenced on or before 17 February 1998] † PART 1—PRELIMINARY ˙ Short title 1. This regulation may be cited as the River Improvement Trust Regulation 1987 . ˙ Interpretation 4. In this regulation— “chairperson” means chairperson of the trust. “member” means member of the trust. “minute book” means a book kept for the purposes of section 5(4). “register of improvement notices” means the register kept for the purposes of section 7. “secretary” means secretary of the trust. † PART 2—MEETINGS ETC. OF TRUST ˙ Meetings of the trust 5.(1) The trust shall meet at least once in every 3 months. (2) Special meetings of the trust— (a) shall be called by the chairperson upon receipt of a request in writing signed by not fewer than 2 members;

s6 4 s6 River Improvement Trust Regulation 1987 (b) may be called by the chairperson at any time. (3) Except as is provided in subsection (3A), the secretary shall cause to be delivered a notice of any meeting of the trust to each member not later than 3 clear days before that meeting. (3A) The chairperson may direct the secretary to give shorter notice in the case of a special meeting where it is in the chairperson’s opinion necessary. (4) The secretary shall cause to be entered in a book to be kept for that purpose the minutes of each meeting of the trust, including the names of all members present. (5) An entry in the minute book relating to a meeting of the trust shall be signed by the chairperson at the next meeting. (6) The secretary shall cause a copy of the minutes of a meeting of the trust to be sent to the commissioner within 2 weeks of that meeting. ˙ Payments to members 6.(1) Subject to the provisions of subsection (1A), the chairperson and members who— (a) attend a duly convened meeting of the trust; or (b) take part in the inspection of works carried on by the trust; or (c) take part in any other necessary activity or journey having for its object the furtherance of the business of the trust; may be paid such fees therefor as are determined by resolution at a meeting of the trust. (1A) A fee for the purposes of subsection (1) shall in no case exceed the relevant amount set forth in the schedule. (2) In addition to the fees payable pursuant to subsection (1) and subject to the provisions of subsection (2A), the chairperson and members may be reimbursed expenses actually and necessarily incurred by them travelling to such meeting, inspection or other business. (2A) Where the chairperson or a member uses the chairperson’s or member’s own motor car for travelling to such meeting, inspection or other business or in making such inspection, travelling expenses shall be paid for

s 6AA 5 River Improvement Trust Regulation 1987 s 6A the distance actually and necessarily travelled by the shortest practicable route and at the rate applicable under the Public Service Management and Employment Act 1988 for the use by public servants of their own motor cars. (3) Subject to the provisions of subsection (4), the secretary shall be paid such reasonable allowance as is determined by resolution of the trust having regard to the time expended by the secretary in the performance of the secretary’s duties under the Act. (4) The allowance payable to the secretary is to be not more than $15 000.00 per annum. † PART 2A—RIVER IMPROVEMENT AREAS AND TRUSTS ˙ Burdekin Shire Rivers Improvement Area 6AA.(1) The Haughton River improvement area is added to the Burdekin Shire Rivers Improvement Area. (2) In addition, any part of the local government area of the Shire of Burdekin not included in the Burdekin Shire Rivers Improvement Area or Haughton River improvement area immediately before the commencement is added to the Burdekin Shire Rivers Improvement Area. (3) The assets and liabilities of the Haughton River improvement trust are transferred to the Burdekin Shire Rivers Improvement Trust. ˙ Cairns river improvement area and trust 6A.(1) The Mulgrave Shire river improvement area, constituted under the order in council made on 16 September 1972 and published in the gazette at page 288, and the Mulgrave Shire river improvement trust constituted for the area under the same order in council are continued in existence under this regulation. (2) The area comprises the whole of the local government area of Cairns City Council.

s 6B 6 s 6C River Improvement Trust Regulation 1987 (3) The name of the river improvement area is changed to Cairns river improvement area. (4) The name of the trust for the river improvement area is changed to Cairns river improvement trust. ˙ Ipswich rivers improvement area and trust 6B.(1) The Bremer river improvement area, constituted under the order in council made on 15 August 1959 and published in the gazette at page 2 309, and the Bremer river improvement trust constituted for the area under the same order in council are continued in existence under this regulation. (2) The area comprises the whole of the local government area of Ipswich City Council. (3) The name of the river improvement area is changed to Ipswich rivers improvement area. (4) The name of the trust for the river improvement area is changed to Ipswich rivers improvement trust. ˙ Warwick Shire river improvement area and trust 6C.(1) The Rosenthal Shire river improvement area and the Rosenthal Shire river improvement trust, as continued in existence under section 6C as that section existed immediately before the commencement, are continued in existence under this regulation. (2) The Glengallan Shire river improvement area and the Condamine river improvement area are added to the Rosenthal Shire river improvement area. (3) The name of the Rosenthal Shire river improvement area is changed to the Warwick Shire river improvement area. (4) The name of the trust for the river improvement area is changed to Warwick Shire river improvement trust. (5) The assets and liabilities of the Glengallan Shire river improvement trust and the Condamine river improvement trust are transferred to the Warwick Shire river improvement trust.

s 6D 7 River Improvement Trust Regulation 1987 s7 ˙ Whitsunday rivers improvement area and trust 6D.(1) The Proserpine river improvement area, constituted under the order in council made on 23 May 1974 and published in the gazette at page 622, and the Proserpine river improvement trust constituted for the area under the same order in council are continued in existence under this regulation. (2) The area comprises the whole of the local government area of Whitsunday Shire Council. (3) The name of the river improvement area is changed to Whitsunday rivers improvement area. (4) The name of the trust for the river improvement area is changed to Whitsunday rivers improvement trust. † PART 3—GENERAL ˙ Improvement notices 7.(1) Whenever the trust issues an improvement notice for the purposes of section 11(1), (1A), (2) or (2A) of the Act, the secretary shall give to the notice a serial number and shall record in a register of improvement notices to be kept for that purpose the required particulars of that notice. (2) For the purposes of this regulation, the required particulars are— (a) the serial number; and (b) the name and address of the person to whom it was issued; and (c) the date of the notice; and (d) the form of the notice; and (e) the description of the land in respect of which the notice was issued; and (f) the particulars of the prohibition, directions or requirements specified in the notice. (3) The register of improvement notices shall be open to public inspection at any reasonable time during office hours.

s8 8 s9 River Improvement Trust Regulation 1987 ˙ Annual budget 8. For the purposes of section 13(6) of the Act, the prescribed date is 31 August. ˙ Interference with pegs etc. 9.(1) A person shall not without the authority of the trust destroy, mutilate, deface, remove or alter the position of any peg, marker, sign or indicator fixed or set up by the trust or any person acting under the authority of the trust. (2) A person who commits an offence against this section is liable to a penalty of 20 penalty units.

9 River Improvement Trust Regulation 1987 ¡ SCHEDULE † FEES section 6 The maximum fees payable for attending a meeting or other trust business are as follows— 1. Daily meeting fees— (a) of not more than 4 hours (b) of more than 4 hours Chairperson $ 105 140 Member $ 90 120 2. Daily special assignment fees— (a) of not more than 4 hours (b) of more than 4 hours 90 120 75 100

10 River Improvement Trust Regulation 1987 † ENDNOTES ´ 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 ´ 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 17 February 1998. Future amendments of the River Improvement Trust Regulation 1987 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 ´ AIA amd ch def div exp gaz hdg ins lap notfd om o in c p para prec pres prev = = = = = = = = = = = = = = = = = = Key Key to abbreviations in list of legislation and annotations Acts Interpretation Act 1954 amended chapter definition division expires/expired gazette heading inserted lapsed notified omitted order in council page paragraph preceding present previous (prev) proc prov pt pubd R[X] RA reloc renum rep s sch sdiv SIA SL sub unnum = = = = = = = = = = = = = = = = = previously proclamation provision part published Reprint No.[X] Reprints Act 1992 relocated renumbered repealed section schedule subdivision Statutory Instruments Act 1992 subordinate legislation substituted unnumbered

11 River Improvement Trust Regulation 1987 ´ 4 Table of earlier reprints TABLE OF EARLIER REPRINTS [If a reprint number includes a roman letter, the reprint was released in unauthorised, electronic form only.] Reprint No. Amendments included Reprint date 1 to SL No. 432 of 1992 26 February 1996 1A to SL No. 428 of 1996 21 February 1997 ´ 5 Tables in earlier reprints Name of table TABLES IN EARLIER REPRINTS Changed citations and remade laws Obsolete and redundant provisions Renumbered provisions Reprint No. 1 1 1 ´ 6 List of legislation River Improvement Trust Regulation 1987 made by the Governor in Council 25 June 1987 pubd gaz 27 June 1987 pp 2319–21 commenced on date of publication exp 1 July 1998 (see SIA ss 54, 61) as amended by— regulations published gazette— 1 August 1987 p 3056 commenced on date of publication 29 July 1989 p 2874 commenced on date of publication 1 December 1990 p 1563 commenced on date of publication River Improvement Trust Amendment Regulation 1991 SL No. 166 pubd gaz 14 December 1991 pp 2006–8 commenced on date of publication River Improvement Trust Amendment Regulation (No. 1) 1992 SL No. 432 notfd gaz 18 December 1992 pp 1988–96 commenced on date of notification

12 River Improvement Trust Regulation 1987 River Improvement Trust Amendment Regulation (No. 1) 1996 SL No. 428 notfd gaz 20 December 1996 pp 1588–98 commenced on date of notification Natural Resources Legislation Amendment Regulation (No. 1) 1998 SL No. 12 pts 1, 3 notfd gaz 13 February 1998 pp 585–6 commenced on date of notification ´ 7 List of annotations Short title s 1 sub 1991 SL No. 166 s 4 Repeal s 2 om R1 (see RA s 40) Arrangement of regulations s 3 om 1991 SL No. 166 s 5 Interpretation s 4 amd 1991 SL No. 166 s 6 def “minute book” amd 1991 SL No. 166 s 3(3) def “register of improvement notices” amd 1991 SL No. 166 s 3(3) def “the Act” om R1 (see RA s 39) Payments to members s 6 amd 1991 SL No. 166 ss 3(3), 7; 1996 SL No. 428 s 3 PART 2A—RIVER IMPROVEMENT AREAS AND TRUSTS pt hdg ins 1996 SL No. 428 s 4 Burdekin Shire Rivers Improvement Area s 6AA ins 1998 SL No. 12 s 5 Cairns river improvement area and trust s 6A ins 1996 SL No. 428 s 4 Ipswich rivers improvement area and trust s 6B ins 1996 SL No. 428 s 4 Warwick Shire river improvement area and trust s 6C ins 1996 SL No. 428 s 4 sub 1998 SL No. 12 s 6 Whitsunday rivers improvement area and trust s 6D ins 1996 SL No. 428 s 4 Interference with pegs etc. s 9 amd 1991 SL No. 166 s 3(1) SCHEDULE—FEES sub reg pubd gaz 1 August 1987 p 3056; 29 July 1989 p 2874; 1 December 1990 p 1563; 1992 SL No. 432 s 3

13 River Improvement Trust Regulation 1987 © State of Queensland 1998