Sugar Industry (Assignment Grant) Guideline (No. 2) 1995

Queensland Sugar Industry Act 1991 SUGAR INDUSTRY (ASSIGNMENT GRANT) GUIDELINE (No. 2) 1995 Reprinted as in force on 20 June 1997 (includes amendments up to SL No. 142 of 1997) Reprint No. 1 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 guideline is reprinted as at 20 June 1997. 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. Also see endnotes for information about when provisions commenced.

Queensland SUGAR INDUSTRY (ASSIGNMENT GRANT) GUIDELINE (No. 2) 1995 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Reservation to current holders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5 New growers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 6 General considerations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 7 Applicant not current holder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 8 Preconditions to grant of assignment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 9 Demand more than annual aggregate increase or cancelled assignments’ areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 10 Conditions of grant of assignment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . 10 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 4 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 5 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

s1 3 s2 Sugar Industry (Assignment Grant) Guideline (No. 2) 1995 SUGAR INDUSTRY (ASSIGNMENT GRANT) GUIDELINE (NO. 2) 1995 [as amended by all amendments that commenced on or before 20 June 1997] ˙ Short title 1. This guideline may be cited as the Sugar Industry (Assignment Grant) Guideline (No. 2) 1995 . ˙ Definitions 2. In this guideline— “application” means an application mentioned in section 3. “grant of an assignment” includes the grant of a variation of an assignment by allocation of further assignment area to it. “proposed assignment” means— (a) the assignment an applicant seeks to have granted under an application; or (b) an existing assignment as varied by allocation of the further assignment area the applicant seeks to have granted under an application. “receiving mill” means the mill to which the proposed assignment’s land will be assigned if the proposed assignment is granted. “relevant local board” means the local board constituted for the receiving mill. “the annual aggregate increase” means the additional assignment area available to be granted in a year under section 138(1)(b) of the Act.

s3 4 s5 Sugar Industry (Assignment Grant) Guideline (No. 2) 1995 ˙ Application 3. This guideline applies to applications made to the Corporation for the grant of assignments under section 138(1)(b) or (c) of the Act. ˙ Reservation to current holders 4.(1) The Corporation will offer at least 50% of the annual aggregate increase in the first instance to holders of existing assignments to enhance the economy of existing sugarcane farms. (2) In deciding the proportion over 50% of the annual aggregate increase that the Corporation will offer in the first instance to holders of existing assignments, the Corporation will have regard to— (a) the demand for the grant of assignments to existing assignment holders relative to the demand for the grant of assignments to other persons reflected in the applications received by the Corporation; and (b) the need to develop commercially successful sugarcane farms. ˙ New growers 5.(1) In this section— “new grower” means— (a) a person who does not hold an existing assignment; or (b) a person who the relevant local board decides should be treated as a new grower under subsection (3). (2) To the extent practicable, the Corporation will offer up to 50% of the annual aggregate increase (less the proportion of the increase directed to be reserved by the Minister under section 150 of the Act) to new growers for the annual expansion. (3) A relevant local board may decide that a person who holds an existing assignment should be treated as a new grower if— (a) the assignment was substantially brought into existence by a grant under section 138 of the Act; and

s6 5 s6 Sugar Industry (Assignment Grant) Guideline (No. 2) 1995 (b) the local board considers a further grant of assignment under section 138 of the Act would help in making the person’s sugarcane farm an economical size. ˙ General considerations 6. In deciding an application for the grant of an assignment, the Corporation will have regard to— (a) the principal objectives of the Corporation mentioned in section 12 of the Act; and (b) any view expressed by the relevant local board on a relevant local matter; and (c) the estate or interest the applicant will have in the proposed assignment’s land entitling the applicant to use it for the purpose of the assignment; and (d) the capacity of the proposed assignment’s land for producing commercial crops of sugarcane when subjected to correct agricultural practices; and (e) the suitability of the location of the proposed assignment’s land for efficient and cost-effective delivery of sugarcane to the receiving mill; and (f) the prospects of preparing and using the proposed assignment’s land without undue damage to the environment; and (g) if cane is proposed to be delivered, in whole or in part, to the mill by road—whether the applicant has produced evidence of consultation with— (i) each local government whose area the part of the road proposed to be used is in; and (ii) the Departments administering the Transport Infrastructure Act 1994 (other than sections 233, 236 and 237) and the Transport Planning and Coordination Act 1994 ; 1 and 1 At the commencement of paragraph (g), the Departments were the Department of Transport and the Department of Main Roads.

s7 6 s7 Sugar Industry (Assignment Grant) Guideline (No. 2) 1995 (h) if the applicant is not an existing assignment holder—the things mentioned in section 7. Examples of evidence under paragraph (g)— • Correspondence from each local government and the Departments stating there has been consultation • A statutory declaration by the applicant stating there has been consultation. ˙ Applicant not current holder 7.(1) If an applicant is not the holder of an existing assignment the Corporation will also have regard to— (a) if the applicant has previously been the holder of an assignment—the period that has elapsed since the applicant last held an assignment; and (b) the applicant’s place of residence, with preference given to applicants residing in or near the area served by the receiving mill; and (c) the applicant’s willingness and capacity, by the day mentioned in subsection (2), to— (i) develop the assignment’s proposed land; and (ii) grow sugarcane on the land— (A) for delivery to a mill under the assignment; or (B) sufficient to exercise fully the entitlement conferred by the assignment. (2) For subsection (1)(c), the day is— (a) for an assignment granted under section 138(1)(b) of the Act—30 November in the year after the year to which the annual aggregate increase relates; or (b) for an assignment granted under section 138(1)(c) of the Act—30 November in the year after the year the assignment is granted.

s8 7 s8 Sugar Industry (Assignment Grant) Guideline (No. 2) 1995 ˙ Preconditions to grant of assignment 8.(1) The Corporation will grant an application only if it is satisfied of the following— (a) the applicant has an enforceable estate or interest in the proposed assignment’s land under which the applicant may immediately use the land for the purposes of the proposed assignment; (b) the relevant local board has followed the intent of this guideline; (c) a grant conferred by a local board bears relationship to the applicant’s existing assignment or is of a size that the applicant can reasonably be expected to make the grant fully effective within the time indicated in conditions attached to the grant; (d) for an intermill application— (i) the home local board has been adequately consulted about the application; and (ii) the members of the relevant local board who were present at a meeting to discuss the application have unanimously approved it; (e) the proposed assignment’s land is— (i) capable of producing commercial crops of sugarcane when subjected to correct agricultural practices; and (ii) situated in a location from which sugarcane may be efficiently and cost-effectively delivered to the receiving mill; and (iii) able to be prepared and used for the growing of sugarcane without undue damage to the environment. (2) In this section— “home local board” means the local board constituted for the mill to which is assigned the applicant’s existing assignment’s land.

s 9 8 s 10 Sugar Industry (Assignment Grant) Guideline (No. 2) 1995 ˙ Demand more than annual aggregate increase or cancelled assignments’ areas 9.(1) If demand for allocation of the annual aggregate increase is more than the increase, the Corporation will, to the extent possible, give priority to applicants who best demonstrate their capacity and willingness to fully use the grant by 30 November in the year after the year to which the increase relates. (2) If demand for allocation of assignments’ areas cancelled under section 147 or 151 of the Act and available to be granted is more than the available cancelled areas, the Corporation will, to the extent possible, give priority to applicants who best demonstrate their capacity and willingness to fully use the grant by 30 November in the year after the year the assignment is granted. ˙ Conditions of grant of assignment 10.(1) An assignment holder must grow sugarcane on the assignment’s land sufficient to exercise fully the entitlement conferred by the assignment by— (a) for an assignment granted under section 138(1)(b) of the Act—30 November in the year after the year to which the annual aggregate increase relates; or (b) for an assignment granted under section 138(1)(c) of the Act—30 November in the year after the year the assignment is granted. 2 (2) However, the Corporation may exempt an assignment holder from subsection (1) for a stated term if— (a) the holder applies to the Corporation; and (b) the holder justifies why the holder did not comply with subsection (1); and 2 Under section 151 of the Act (Cancellation of assignment), the Corporation may cancel an assignment or vary it by cancelling part of its area if, amongst other things, the assignment’s holder fails to grow sugarcane on the land sufficient to exercise fully the entitlement conferred by the assignment.

s 10 9 s 10 Sugar Industry (Assignment Grant) Guideline (No. 2) 1995 (c) the relevant local board supports the application; and (d) the Corporation is satisfied the exemption is appropriate in all the circumstances. (3) An assignment holder must not enter into an authorised transaction mentioned in section 141 of the Act, or any other purported transfer of the assignment before— (a) for an assignment granted under section 138(1)(b) of the Act—1 December in the year after the year to which the annual aggregate increase relates; or (b) for an assignment granted under section 138(1)(c) of the Act—1 December in the year after the year the assignment is granted. (4) However, subsection (3) does not apply if— (a) the transaction or transfer is allowed under the Corporation’s policy circulars of 25 May 1993 and 19 April 1994 titled ‘Section 9.5—Guideline for Grant of Expansion Assignment’; or (b) the Corporation believes, on reasonable grounds, prohibition of the transaction or transfer would cause a person severe hardship. Examples of paragraph (b) — • bankruptcy or other severe financial hardship of the assignment holder • death or severe illness of the assignment holder.

10 Sugar Industry (Assignment Grant) Guideline (No. 2) 1995 † ENDNOTES ´ 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 4 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 5 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 ´ 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 20 June 1997. Future amendments of the Sugar Industry (Assignment Grant) Guideline (No. 2) 1995 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 Sugar Industry (Assignment Grant) Guideline (No. 2) 1995 ´ 4 List of legislation Sugar Industry (Assignment Grant) Guideline (No. 2) 1995 SL No. 227 notfd gaz 11 August 1995 pp 1955–6 commenced on date of notification as amended by— Sugar Industry (Assignment Grant) Amendment Guideline (No. 1) 1997 SL No. 142 notfd gaz 6 June 1997 pp 586–7 commenced on date of notification ´ 5 List of annotations General considerations s 6 amd 1997 SL No. 142 s 3 Conditions of grant of assignment s 10 amd 1997 SL No. 142 s 4 Repeal s 11 om 1997 SL No. 142 s 5 © State of Queensland 1997