QueenslandRural and Regional
Adjustment Act 1994RuralandRegionalAdjustmentRegulation2000Reprinted as in force on 24 June
2011Reprint No. 6BThis reprint is
prepared bythe Office of the Queensland Parliamentary
CounselWarning—This reprint is not an authorised
copyNOT FURTHER AMENDEDLAST REPRINT
BEFORE REPEALSee 2011 SL No. 155 s 4
Information about this reprintThis
regulation is reprinted as at 24 June 2011. The reprint—•shows the law as amended by all
amendments that commenced on or before that day(Reprints Act
1992 s 5(c))•incorporatesallnecessaryconsequentialamendments,whetherofpunctuation,numbering or
another kind (Reprints Act 1992 s 5(d)).The reprint
includes a reference to the law by which each amendment was
made—see listof legislation and list of annotations in
endnotes. Also see list of legislation for anyuncommenced
amendments.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
reprints.SpellingThe spelling of
certain words or phrases may be inconsistent in this reprint or
with otherreprints because of changes made in various
editions of the Macquarie Dictionary (forexample, in the
dictionary, ‘lodgement’ has replaced ‘lodgment’). Variations of
spellingwill be updated in the next authorised
reprint.Dates shown on reprintsReprints dated at
last amendmentAllreprintsproducedonorafter1July2002,authorised (that is, hard copy) and
unauthorised (that is, electronic), are dated as at the lastdate
of amendment. Previously reprints were dated as at the date of
publication. If anauthorised reprint is dated earlier than an
unauthorised version published before 1 July2002,itmeansthelegislationwasnotfurtheramendedandthereprintdateisthecommencement of the last amendment.If the
date of an authorised reprint is the same as the date shown for an
unauthorisedversion previously published, it merely means
that the unauthorised version was publishedbeforetheauthorisedversion.Also,anyrevisededitionofthepreviouslypublishedunauthorised
version will have the same date as that version.Replacement reprint dateIf the date of an
authorised reprint is the same as the dateshown on another
authorised reprint it means that one is the replacement of the
other.
Rural
and Regional Adjustment Regulation 2000Part 1
Preliminary[s 1]Rural and Regional
Adjustment Regulation2000[as amended by
all amendments that commenced on or before 24 June 2011]Part
1Preliminary1Short
titleThisregulationmaybecitedastheRuralandRegionalAdjustment
Regulation 2000.Part 2Other functions
of authority2AApplication of pt 2Thispartprescribes,forsection8(2)(i)oftheAct,otherfunctions of the
authority.3DSAP scheme(1)The
authority has the following functions—(a)toconsiderwhetherentitieshavecarriedoutfarmbusiness assessments in compliance
with the rules of theDSAP scheme (compliant farm
business assessments);(b)to consult, and
liaise with, the following persons aboutfarm business
assessments—(i)dairy farmers;(ii)organisations representing the interests of
personslikely to receive assistance under the
Act;Reprint 6B effective 24 June 2011Page
17
Rural
and Regional Adjustment Regulation 2000Part 2 Other
functions of authority[s 4](iii)commercial lenders and financial
advisers;(iv)public sector units with the function
of helping theruralandsmallbusinesssectorsoftheeconomy,andequivalententitiesofotherStatesortheCommonwealth;(c)to
certify that compliant farm business assessments havebeen
carried out in accordance with the DSAP scheme;(d)toperformfunctionsincidentaltoafunctionunderanother paragraph of this section.(2)In this section—DSAPschemeseetheDairyProduceAct1986(Cwlth),schedule 2, clause 10.entitysee
theDairyProduceAct1986(Cwlth), schedule
2,clause 5.farm business
assessmentmeans a farm business assessmentmentioned in theDairy Produce
Act 1986(Cwlth), schedule2, clause
17.4Rural irrigation water users(1)The authority has the following
functions—(a)to prepare criteria for deciding
whether rural irrigationwaterusersareexperiencingfinancialhardship(hardship criteria);(b)toadviseruralirrigationwaterusersandtheirrepresentatives
about applying for assistance because offinancial
hardship (hardship applications);(c)to assess hardship applications and
decide whether theapplications satisfy the hardship
criteria;(d)tonotifySunWateraboutdecisionsmadeunderparagraph
(c);(e)iftheauthoritydecidesanapplicationsatisfiesthehardshipcriteria—torecommendtoSunWaterthePage
18Reprint 6B effective 24 June
2011
Rural
and Regional Adjustment Regulation 2000Part 2 Other
functions of authority[s 4]repayment terms,
interest rate or other matters requiredto assist the
applicant through the financial hardship;(f)tokeeparegisterofinquiriesabouthardshipapplications,andofhardshipapplicationsreceivedbytheauthority,includinginformationaboutdecisionsmade under
paragraph (c) and recommendations madeunder paragraph
(e);(g)to make the register mentioned in
paragraph (f) availablefor inspection by SunWater;(h)toperformfunctionsincidentaltoafunctionunderanother paragraph
of this section.(2)In this section—rural irrigation
water usermeans a water entitlement holdercharged, under theRural Water
Pricing Direction Notice (No.1)2000,forthesupplyofruralirrigationwaterinthefollowing water supply projects
mentioned in the notice—Editor’s
note—This notice was published in the gazette on
6 October 2000 at page 429.(a)Burdekin
Channel;(b)Burdekin River;(c)Burdekin (Other);(d)Mareeba Channel;(e)Mareeba River;(f)Proserpine.SunWatermeans
the entity continued in existence under theGovernmentOwnedCorporationsRegulation2004,section34.waterentitlementholdermeansaholderofawaterentitlement under
theWater Act 2000.Reprint 6B effective 24 June 2011Page
19
Rural
and Regional Adjustment Regulation 2000Part 2 Other
functions of authority[s 5]5State
loans for residential services(1)TheauthorityhasthefollowingfunctionsinrelationtothemakingofresidentialserviceloansbytheStateundertheHousing Act 2003—(a)to prepare criteria for assessing the
financial viability ofresidentialservicesforwhichloansarerequired,thefinancial risk to the State and the ability
of applicants torepay the loans (theassessment
criteria);(b)toassessapplicationsforloansusingtheassessmentcriteria;(c)to notify the State about the outcome
of each assessmentincludingwhethertheauthorityrecommendsthattheState make the
loan;(d)iftheauthorityrecommendsthattheStatemakealoan—to recommend
to the State the repayment termsand other matters
required to assist the applicant to beable to repay the
loan;(e)todevelopdocumentationforloansincludingapplicationforms,loanagreementsandsecuritydocuments;(f)to undertake annual reviews of the
financial position ofpersons to whom loans have been
made;(g)to notify the State about the outcomes
of the reviews;(h)at the request of the State, to
provide advice to assist theState to manage
the loans;(i)toperformfunctionsincidentaltoafunctionunderanother paragraph
of this section.(2)In this section—residentialserviceseetheResidentialServices(Accreditation) Act 2002, section
4.residential service loanmeans a loan to
help meet the costs ofbuildingandrelatedworkcarriedoutforthepurposeofconducting a residential service under
theResidential Services(Accreditation)
Act 2002.Page 20Reprint 6B
effective 24 June 2011
Rural
and Regional Adjustment Regulation 2000Part 2 Other
functions of authority[s 6]6Adjustment package(1)The
authority has each of the following functions in relationto
the adjustment package—(a)to make
information about the package available to thepublic, including
giving information sessions about thepackagetoaffectedpersonsinterestedinapplyingforassistance;(b)totakeadvicefromacommitteeestablishedbyDEHwhen applying, for each component of
the adjustmentpackage, the following—(i)DEH’scriteriafordecidingtheeligibilityofapplicantsunderthecomponent(theeligibilitycriteria);(ii)DEH’scriteriafortheassessmentofapplicationsunder the
component (theassessment criteria);(c)to assess the eligibility of
applicants and decide whetherthe applicants
satisfy the eligibility criteria;(d)iftheauthoritydecidesanapplicantsatisfiestheeligibility criteria for a component
of the package—toassesstheapplicationanddecidewhethertheapplicationsatisfiestheassessmentcriteriaforthecomponent;(e)forthefollowingcomponentsoftheadjustmentpackage,tonotifyDEHaboutdecisionsmadeunderparagraphs (c)
and (d)—(i)business advice assistance;(ii)employee assistance;(f)for the other components of the
adjustment package, tomakerecommendationstoDEHaboutwhether,intheopinion of the
authority—(i)an applicant satisfies the eligibility
criteria for thecomponent; andReprint 6B
effective 24 June 2011Page 21
Rural
and Regional Adjustment Regulation 2000Part 2 Other
functions of authority[s 6]Page 22(ii)iftheauthorityassessesanapplicationunderparagraph(d)—theapplicantsatisfiestheassessment criteria for the
component;(g)togiveDEHinformationabouttheapplications,including
information about the following—(i)the
number of applications the authority receives;(ii)the
number of applicants under each component oftheadjustmentpackageandtheamountofassistance for which each applicant
applies;(iii)thebasesforthedecisionsandrecommendationsmade by the
authority;(iv)any payments made by the authority to
applicants;(h)to give each applicant—(i)writtennoticeofanydecisionmadebytheauthority or DEH about the application;
and(ii)iftheauthorityorDEHdecidestorefusetheapplication—written notice of the reasons
for thedecision;(i)if a
decision made by the authority or DEH authorisespaymenttoanapplicant—topaytheapplicanttheamount authorised;(j)tokeepanelectronicregisterofdetailsaboutapplicationsreceivedbytheauthority,includingthefollowing—(i)decisions about applications;(ii)payments made to applicants;(iii)recommendationsandotherinformationgiventoDEH under this section;(k)if an applicant is dissatisfied with a
decision made bythe authority or DEH about an application
and appealstoDEHforreconsiderationofthedecision—togiveDEH
the appeal documents the authority receives fromthe
applicant;Reprint 6B effective 24 June
2011
Rural
and Regional Adjustment Regulation 2000Part 2 Other
functions of authority[s 6](l)toperformfunctionsincidentaltoafunctionunderanother paragraph of this section.(2)In this section—adjustment
packagemeans the scheme known as the ‘GreatBarrierReefMarineParkStructuralAdjustmentPackage2004’.affected person—(a)meansapersonwhomaybesignificantlyadverselyaffectedbytherezoningoftheGreatBarrierReefMarine Park under theGreat Barrier Reef Marine ParkZoning Plan 2003(Cwlth);
and(b)includes—(i)apersonwhoholdsacommercialfisherlicenceunder theFisheries Act 1994; and(ii)apersonwhocarriesonabusinessrelatingtoafisheryorfisherieswithinthemeaningoftheFisheries Act 1994; and(iii)anemployeeofapersonmentionedinsubparagraph (i) or (ii).component,oftheadjustmentpackage,meansanyofthefollowing, within the meaning of the
package—(a)business advice assistance;(b)business exit assistance;(c)business restructuring
assistance;(d)employee assistance.DEHmeanstheCommonwealthDepartmentoftheEnvironment and
Heritage.Reprint 6B effective 24 June 2011Page
23
Rural
and Regional Adjustment Regulation 2000Part 3 Approved
assistance schemes[s 7]Part 3Approved
assistance schemes7Approval of schemes—Act, s 11Each
of the following schemes is approved—(a)theCitrusIndustryRecoverySchemesetoutintheschedule, part 1;(b)the
FarmBis Program Scheme set out in the schedule,part 2;(c)the Primary Industry Productivity
Enhancement Schemeset out in the schedule, part 3;(d)theDroughtCarry-onFinanceSchemesetoutintheschedule, part 4;(e)the
Drought Recovery Scheme set out in the schedule,part
5;(f)theCitrusReimbursementandRe-establishmentScheme set out in
the schedule, part 6;(g)the Small
Business Emergency Assistance Scheme setout in the
schedule, part 7;(h)theExceptionalCircumstancesSchemesetoutintheschedule, part 8;(i)theNaturalDisasterRelief—TCLarry-TCMonica(PrimaryProducers)Schemesetoutintheschedule,part 9;(j)theNaturalDisasterRelief—TCLarry-TCMonica(Small Business)
Scheme set out in the schedule, part10;(k)theNaturalDisasterRelief(PrimaryProducers)Scheme, set out in the schedule, part
11;(1)theNaturalDisasterRelief(SmallBusiness)Scheme,set out in the
schedule, part 12;Page 24Reprint 6B
effective 24 June 2011
Rural
and Regional Adjustment Regulation 2000Part 3 Approved
assistance schemes[s 7](m)theQueenslandVegetationManagementFramework,FinancialAssistanceforFarmBusinessesEnterpriseAssistance
Scheme, set out in the schedule, part 13;(n)theQueenslandVegetationManagementFramework,FinancialAssistanceforFarmBusinessesExitAssistance Scheme, set out in the
schedule, part 14;(o)theBusinessAdjustment—TravestonCrossingDam-Wyaralong Dam
(Business Advice Assistance) Scheme,set out in the
schedule, part 15;(p)theBusinessAdjustment—TravestonCrossingDam-WyaralongDam(BusinessRestructureAssistance)Scheme, set out
in the schedule, part 16;(q)theBusinessAdjustment—TravestonCrossingDam-Wyaralong Dam
(Business Exit Assistance) Scheme, setout in the
schedule, part 17;(r)the Small Business Drought Assistance
Scheme, set outin the schedule, part 18;(s)the Irrigators Fixed Water Charges
Rebate Scheme, setout in the schedule, part 19;(sa)theAdditionalIrrigatorsFixedWaterChargesRebateScheme set out in
the schedule, part 19A;(t)theDroughtRateRebateScheme,setoutintheschedule, part 20;(u)theQueenslandCommercialHorseSmallBusinessEmergency
Assistance Scheme, set out in the schedule,part 21;(v)the Special Disaster Flood Assistance
Scheme set out inthe schedule, part 22;(w)the
Smart Energy Savings Fund Scheme set out in theschedule, part
23;(x)the Queensland Renewable Energy Fund
Scheme set outin the schedule, part 24;(y)theMoretonBayMarineParkStructuralAdjustmentPackage Scheme set out in the schedule, part
25;Reprint 6B effective 24 June 2011Page
25
Rural
and Regional Adjustment Regulation 2000Part 3 Approved
assistance schemes[s 7](z)the Special
Disaster Flood Assistance—TC Charlotte -TC Ellie Scheme
set out in the schedule, part 26;(za)theSpecialDisasterFloodAssistance(March2010)Scheme set out in the schedule, part
27;(zb)theQueenslandGovernmentSolarHotWaterRebateScheme set out in the schedule, part
28;(zc)the Special Disaster Flood Assistance
(November 2010to January 2011) Scheme set out in the
schedule, part29;(zd)the Special
Disaster Floods (November 2010 to January2011) Non-profit
Organisations Assistance Scheme setout in the
schedule, part 30;(ze)theFloods(November2010toJanuary2011)andTropicalCycloneYasiNon-profitOrganisationsAssistance Scheme
set out in the schedule, part 31;(zf)theFloods(November2010toJanuary2011)andTropicalCycloneYasi(ExtremeDamage)AssistanceScheme, set out
in the schedule, part 32;(zg)theSpecialDisasterTropicalCycloneYasiAssistanceScheme set out in
the schedule, part 33;(zh)theDawsonValleyIrrigatorsFixedWaterChargesRebate Scheme set out in the schedule, part
34.Note—The approval of a
scheme mentioned in paragraph (a), (b), (c), (d) or (e)isstatedforinformationonly.Theapprovalwasgivenunderthisregulation before the commencement of
this section.Page 26Reprint 6B
effective 24 June 2011
Part
5Rural and Regional Adjustment Regulation
2000Part 5 Transitional provisions[s
11]Transitional provisionsDivision 1Transitional provisions for Ruraland
Regional AdjustmentAmendment Regulation (No. 3) 200611References to the Natural Disaster
Relief—TC Larry - TCMonica (Primary Producers) Scheme by former
name(1)Inadocument,ifthecontextpermits,areferencetotheNaturalDisasterRelief—TCLarry-TCMonica(PrimaryProducers)Schemebyitsformernameistakentobeareference to the
scheme.(2)In this section—formernamemeans the NaturalDisaster
Relief—TC Larry(Primary Producers) Scheme.12References to the Natural Disaster
Relief—TC Larry - TCMonica (Small Business) Scheme by former
name(1)Inadocument,ifthecontextpermits,areferencetotheNaturalDisasterRelief—TCLarry-TCMonica(SmallBusiness)Schemebyitsformernameistakentobeareference to the
scheme.(2)In this section—formernamemeans the NaturalDisaster
Relief—TC Larry(Small Business) Scheme.Reprint 6B
effective 24 June 2011Page 27
Rural
and Regional Adjustment Regulation 2000Part 5
Transitional provisions[s 13]Division 2Transitional provision for Rural andRegional Adjustment AmendmentRegulation (No. 7) 201013Existing approved application for
assistance(1)Thissectionappliesif,beforethecommencementofthissection, the authority approved an
application for assistanceundertheSpecialDisasterFloodAssistance(March2010)Scheme set out in the schedule, part
27.(2)Theschedule,section271(2)(a),asinforceimmediatelybefore the
commencement of this section, continues to applyfor
the payment of assistance under the scheme as if theRuraland Regional
Adjustment Amendment Regulation (No. 7) 2010had not been
made.Division 3Transitional
provisions for Ruraland Regional AdjustmentAmendment Regulation (No. 8) 201014Definitions for div 3In
this division—commencementmeans the
commencement of this section.formerdevelopmentprogrammeansthedevelopmentprogram in force
under the schedule, part 3, divisions 2 and 4immediately
before the commencement.formerresourcemanagementprogrammeanstheresourcemanagementprograminforceundertheschedule,part3,divisions 2 and 5 immediately before
the commencement.15Undecided application for loan under
formerdevelopment program or former resource
developmentprogram(1)Subsection (2) applies if—Page
28Reprint 6B effective 24 June
2011
Rural
and Regional Adjustment Regulation 2000Part 5
Transitional provisions[s 16](a)a
person made an application for a loan under the formerdevelopment program; and(b)theapplicationisundecidedimmediatelybeforethecommencement.(2)The
application must be decided under the schedule, part 3,divisions2and4asinforceimmediatelybeforethecommencement, and those divisions
apply in relation to a loangranted on the application.(3)Subsection (4) applies if—(a)a person made an application for a
loan under the formerresource management program;
and(b)theapplicationisundecidedimmediatelybeforethecommencement.(4)The
application must be decided under the schedule, part 3,divisions2and5asinforceimmediatelybeforethecommencement, and those divisions
apply in relation to a loangranted on the application.16Existing approved loans under former
developmentprogram or former resource development
program(1)Subsection(2)appliesifaloanwasapprovedundertheformer development program and is
current.(2)The schedule, part 3, divisions 2 and
4 as in force immediatelybefore the commencement continue to
apply to the loan.(3)Subsection(4)appliesifaloanwasapprovedundertheformer resource management program and
is current.(4)The schedule, part 3, divisions 2 and
5 as in force immediatelybefore the commencement continue to
apply to the loan.Reprint 6B effective 24 June 2011Page
29
Rural
and Regional Adjustment Regulation 2000Part 5
Transitional provisions[s 17]Division 4Transitional provision for Rural andRegional Adjustment AmendmentRegulation (No. 3) 201117Existing approved application for
assistance(1)Thissectionappliesif,beforethecommencementofthissection, the authority approved an
application for assistanceundertheSpecialDisasterFloodAssistance(March2010)Scheme set out in the schedule, part
27.(2)Theschedule,section271(2)(a),asinforceimmediatelybefore the
commencement of this section, continues to applyfor
the payment of assistance under the scheme as if theRuralandRegionalAdjustmentAmendmentRegulation(No. 3)2011had not been made.Page 30Reprint 6B effective 24 June
2011
ScheduleRural and
Regional Adjustment Regulation 2000ScheduleApproved assistance schemessection 7Part 1Citrus Industry RecoverySchemeDivision 1Preliminary1Definitions for pt 1In this
part—canker outbreakmeans the
outbreak of citrus canker in 2004in the area that
was declared to be a pest quarantine area forcitrus canker
under thePlant Protection Act 1989.division 2 schemesee section
12E(1).domesticmarketgrowermeansthefollowingrelevantgrowers—(a)MC
and CS Iddles, trading as Selma Citrus;(b)Gillian Crest Pty Ltd, trading also as
Cordoma Farms.relevantgrowermeansacommercialgrowerofcitruswhohas
been adversely affected by the canker outbreak.schememeans—(a)for
division 2—the part of the Citrus Industry RecoveryScheme set out in division 2; and(b)for division 3—the part of the Citrus
Industry RecoveryScheme set out in division 3.Reprint 6B effective 24 June 2011Page
31
Rural
and Regional Adjustment Regulation 2000ScheduleDivision 2Loans to
relevant growers2Objective of schemeThe
objective of the scheme is to assist relevant growers whowill
have a crop available for harvesting in 2005 or 2006 torecover from the impacts of the canker
outbreak.3Purpose of assistanceThepurposeofassistanceundertheschemeistoenablerelevant growers
to maintain their viability by—(a)encouragingtheaccumulation,rationalisation,expansionordiversificationofthegrowers’citrusgrowingbusinesses,includingvalueaddingandinvestment in supply chain activities
both on-farm andoff-farm; and(b)supportingongoingfarmmaintenancetoenablethegrowers to recover from restrictions on
market access.4Nature of assistance(1)Thenatureoftheassistancethatmaybegivenundertheschemeistheprovisionofloansatconcessionalratesofinterest to applicants who meet the
eligibility criteria for anyof the following
activities—(a)diversifying into other on-farm
enterprises;(b)investinginvalueaddingorsupplychainactivitieson-farm and
off-farm;(c)accumulatingpropertybypurchasing,leasingorsharefarming whole or partial
additional properties;(d)rationalisingpartnerships,includingfamilypartnerships;(e)expanding farming operations;(f)developing farm water supplies;(g)purchasing livestock, if—Page
32Reprint 6B effective 24 June
2011
Rural
and Regional Adjustment Regulation 2000Schedule(i)the purchase is included in a contract
to purchaseproperty mentioned in paragraph (c);
or(ii)the purchase is directly related to
the activity forwhich assistance is approved under this
scheme;(h)improving or carrying out capital
works on-farm;(i)syndicatedpurchasingofplantandmachinery,ifappropriate security exists;(j)upgradingfarmplantandmachinery,otherthanexcluded vehicles, that is
predominantly for use on landusedbytheapplicantforapurposeapprovedbytheauthority;(k)purchasing new trees;(l)maintaining, replanting or reinvigorating
orchards.(2)In this section—excluded
vehiclemeans a motor vehicle with a gross
vehiclemass of less than 4t.5Maximum loan amounts(1)The
maximum amount of a loan, or the total of more than 1loan,
that may be made under the scheme to an applicant whomeets
the eligibility criteria is $500000.(2)However,themaximumamountofaloanforanactivitymentioned in section 4(1)(g) or (j) is
$100000.6Eligibility criteriaTobeeligibletoreceiveassistanceunderthescheme,anapplicant must—(a)be a
relevant grower who—(i)will have a crop available for
harvesting in 2005 or2006; and(ii)requiresfinancialassistancetorecoverfromtheimpacts of the canker outbreak;
andReprint 6B effective 24 June 2011Page
33
Rural
and Regional Adjustment Regulation 2000Schedule(b)demonstratesoundprospectsforcommercialviability,and
the ability to service the loan, in the long term; and(c)provide evidence of a financial need
for the assistance;and(d)demonstrate that
the amount of off-farm or liquid assetsownedbytheapplicantisnotmorethantheamountneeded for prudent risk management;
and(e)iftheassistanceissoughttorationaliseapartnership—demonstratethattheproposalfortherationalisationisnotmerelyarefinancearrangement;and(f)iftheassistanceissoughttoupgradefarmplantandmachinery—demonstratethattheplantandmachinerywillbeusedpredominantlyforon-farmpurposesandnot for off-farm contracting work;
and(g)haveusedlandforcommercialcitrusgrowingfornotless than 2
years; and(h)ordinarily obtain the applicant’s
major source of incomefromcommercialcitrusgrowingorvalue-addingactivities
related to commercial citrus growing; and(i)givetheauthorityabusinessplanfortheapplicant’son-farm business
that complies with section 7.7Requirements for business plan(1)For section 6(i), a business plan
must—(a)include details of the activity for
which the assistance issoughtandtheproductivityexpectedtobegeneratedfrom
it; and(b)adoptawholeofbusinessapproachtoplanning,andincludecomponentsdealingwithmatterssuchasmarketing and financial and risk
management; and(c)relate to the whole of the applicant’s
business.Page 34Reprint 6B
effective 24 June 2011
Rural
and Regional Adjustment Regulation 2000ScheduleEditor’s note—Guidelines on the
content of a business plan may be obtained from theauthority.(2)The
authority may ask the applicant for further information inrelation to the business plan submitted by
the applicant.8Terms of repayment(1)The
maximum term of a loan is—(a)iftheloanisforanactivitymentionedinsection4(1)(g)—7 years
unless a longer term is approved by theauthority;
or(b)iftheloanisforanactivitymentionedinsection4(1)(j)—7 years;
or(c)otherwise—10 years.(2)If the land used by the relevant
grower for commercial citrusgrowingisnotwithinthelocalgovernmentareaoftheEmerald Shire Council—(a)repayment of principal and interest on the
loan will be—(i)initially calculated using a period of
up to 10 years;and(ii)tailoredtothegrower’sindividualrequirementsbased on the
grower’s income patterns; and(b)an
interest only period of not more than 2 years may beavailable; and(c)the
loan will have an initial interest rate that is fixed foreither 1 or 3 years under section 9.(3)If the land used by the grower for
commercial citrus growingiswithinthelocalgovernmentareaoftheEmeraldShireCouncil—(a)no
interest will apply for the first 2 years of the loan; and(b)after the first 2 years, interest will
be payable at the rateprovided for under section 9;
and(c)the loan will have a non-repayment
period of 2 years.Reprint 6B effective 24 June 2011Page
35
Rural
and Regional Adjustment Regulation 2000Schedule9Interest rate(1)The
initial interest rate for a loan under the scheme will beworked out—(a)ifthelandusedbythegrowerforcommercialcitrusgrowingiswithinthelocalgovernmentareaoftheEmerald Shire Council—at the end of the
interest freeperiod mentioned in section 8(3)(a);
or(b)otherwise—when the loan is approved by
the authority.(2)The initial interest rate for the
loan—(a)depends on whether the interest rate
is fixed for 1 or 3years, as decided by the authority;
and(b)will be worked out by the authority
under subsection (7)and will be based on the 1 or 3-year base
lending rate, asappropriate, plus 1%.(3)A
3-year fixed interest rate is available only when the loan
isfirst drawn down.(4)If
the initial interest rate for a loan is fixed for 3 years
undersubsection (3), at the end of the 3-year
period, and on eachsubsequent anniversary, the interest rate
reverts to the 1-yearbase lending rate, plus 1%, at the
time.(5)However,theauthoritymay,duringthetermoftheloan,increase the
interest rate from the interest rate mentioned insubsection (4) to a commercial rate.(6)The authority will decide the extent
to which the interest ratefor a loan will increase under
subsection (5)—(a)in an annual review of the loan;
and(b)based on the improved financial
capacity of the grower.(7)Theinterestratesfornewloanswillbereviewedbytheauthority not
later than 31 May and 30 November in each yearand set for the
6-month period starting on the following 1 Julyand 1 January
respectively.(8)In this section—baselendingratemeansthe1or3-yearlendingrate,asappropriate, of the Queensland
Treasury Corporation.Page 36Reprint 6B
effective 24 June 2011
Rural
and Regional Adjustment Regulation 2000Schedule10Security(1)Appropriate security for a loan as
determined by the authoritywill be required.(2)A
mortgage of land or other assets, commensurate with theamount of the loan, will be required.(3)Other security, including, for
example, a crop lien, may alsobe
required.11Terms and conditionsThe
terms and conditions of a loan under this scheme will bedeterminedbytheauthorityandmayinclude,forexample,any of the
following—(a)review of the loan during its
term;(b)requiringtherelevantgrowertoprovideinformationrelatingtotheperformanceofthegrower’sbusinessduring the term of the loan;(c)requiring the relevant grower to
undertake to work theproperty.12Applications(1)Applications for assistance under the scheme
must be madeon the authority’s application form and may
be lodged withthe authority or at a commercial
lender.(2)Applicationsmustbeaccompaniedbyalldocumentationrequired under
section 6 or stated on the application form.(3)Also,theauthoritymayrequesttheapplicanttoprovidefurtherrelevantinformationrequiredtodecidetheapplication.(4)Applications must be made before 31 December
2005.Reprint 6B effective 24 June 2011Page
37
Rural
and Regional Adjustment Regulation 2000ScheduleDivision 3Refinancing
loans to domesticmarket growers12AObjective of schemeTheobjectiveoftheschemeistoassistdomesticmarketgrowers who
maintained citrus varieties in the expectation ofobtaining access to the domestic market in
2005.12BPurpose of assistanceThepurposeofassistanceundertheschemeistomitigatehardship for
domestic market growers, incurred as a result ofthe
canker outbreak.12CNature of assistanceThenatureoftheassistancethatmaybegivenundertheschemeistherefinancingofloans,relatingtocommercialcitrus growing,
at concessional rates of interest.12DMaximum loan amountsThe maximum
amount of a loan, or the total of more than 1loan, that may be
refinanced under the scheme is $500000.12EFurther assistance under division 2 scheme
permitted(1)Refinancing of an applicant’s loan
under the scheme does notstop the applicant applying for
assistance under the schemementioned in division 2 (thedivision 2 scheme).(2)However, the maximum amount of all
loans granted under thedivision 2 scheme and the scheme to an
applicant is $500000.12FEligibility
criteria(1)Tobeeligibletoreceiveassistanceunderthescheme,anapplicant must—Page 38Reprint 6B effective 24 June
2011
Rural
and Regional Adjustment Regulation 2000Schedule(a)beadomesticmarketgrowerwhorequiresfinancialassistancetorecoverfromtheimpactsofthecankeroutbreak;
and(b)demonstratesoundprospectsforcommercialviability,and
the ability to service the loan, in the long term; and(c)provide evidence of a financial need
for the assistance;and(d)demonstrate that
the amount of off-farm or liquid assetsownedbytheapplicantisnotmorethantheamountneeded for prudent risk management;
and(e)ordinarily have obtained the
applicant’s major source ofincomefromcommercialcitrusgrowingorvalue-addingactivitiesrelatedtocommercialcitrusgrowing; and(f)givetheauthorityabusinessplanfortheapplicant’son-farm business
that complies with section 12G.(2)However, an applicant is eligible to receive
assistance for theapplicant’son-farmbusinessonlyifthelandonwhichthecitrus varieties are grown is within the
local government areaof the Emerald Shire Council.12GRequirements for business plan(1)For section 12F(1)(f), a business plan
must—(a)adoptawholeofbusinessapproachtoplanning,andincludecomponentsdealingwithmatterssuchasmarketing and financial and risk
management; and(b)relate to the whole of the applicant’s
business.Editor’s note—Guidelines on the
content of a business plan may be obtained from theauthority.(2)The
authority may ask the applicant for further information inrelation to the business plan submitted by
the applicant.Reprint 6B effective 24 June 2011Page
39
Rural
and Regional Adjustment Regulation 2000Schedule12HTerms of repayment(1)The
maximum term of a loan is 13 years.(2)No
interest will apply for the first 5 years of the loan.(3)Afterthefirst5years,interestwillbepayableattherateprovided for under section 12I.(4)The loan will have a non-repayment
period of 5 years.12IInterest rate(1)The
initial interest rate for a loan under the scheme will beworked out at the end of the interest free
period mentioned insection 12H(2).(2)Section 9(2) to (8) applies to the
refinancing of the loan asif—(a)it
were a loan under division 2; and(b)a
domestic market grower were a relevant grower.12JOther
provisions of the scheme(1)Subjecttosubsection(2),sections10to12applytothescheme as
if—(a)the scheme were the division 2 scheme;
and(b)a domestic market grower were a
relevant grower; and(c)an application for refinancing a loan
were an applicationfor a loan under division 2.(2)Section12(2)appliesasif‘section6’werereplacedby‘section 12F’.Page 40Reprint 6B effective 24 June
2011
Part
2Rural and Regional Adjustment Regulation
2000ScheduleFarmBis Program
Scheme13Definitions for pt 2In
this part—approvedcostsmeanscostsapprovedbytheauthoritythatare—(a)associatedwitheligibleparticipantstakingpartinlearning
activities; and(b)basedonthecostsofalearningactivitiesproviderdelivering
learning activities.eligible participantsee
section 14.indigenous land managersee section
14(b).learning activitiessee section
15.learningactivitiesprovidermeansanentitycarryingonthebusiness of
delivering learning activities to eligible participants.primary producersee section
14(a).primaryproductionbusinessenterprisemeansanyofthefollowing—(a)a
business carried on within the State in the agricultural,apicultural,aquacultural,horticulturalorpastoralindustries;(b)the
fishing and harvesting for commercial purposes ofmarineandfreshwaterspecies,caughtintheirnaturalenvironment from a wild population, carried
on by—(i)a business registered in the State;
or(ii)acorporationwhoseregisteredofficeisintheState; or(iii)an
individual who is resident in the State;(c)the
taking for commercial purposes of wild fauna fromits
natural environment within the State.Reprint 6B
effective 24 June 2011Page 41
Rural
and Regional Adjustment Regulation 2000Scheduleproperly made applicationsee
section 24(4).rural land managersee section
14(c).14Who is an eligible participantAneligible participantis
any of the following—(a)anindividual(aprimaryproducer)whospendsthemajority of the individual’s labour
on, and derives themajorityoftheindividual’sincomefrom,aprimaryproduction
business enterprise;(b)anindividual(anindigenouslandmanager)whoisinvolved in the
management decisions of land within theStatethatiszonedforruralpurposesifthelandisowned, managed, controlled or operated
by—(i)an indigenous community or trust;
or(ii)an Aborigine or Torres Strait
Islander;(c)anindividual(arurallandmanager)whoownsormanages the natural resources of land within
the State ifthe land—(i)has
an area of at least 2ha; and(ii)is
zoned for rural or rural residential purposes.15Purpose of schemeThe purpose of
assistance under the scheme is to encourageparticipationbyeligibleparticipantsinstructuredlearningprocesses (learning
activities) that are designed—(a)toincreasetheadoptionofmanagementpracticesthatleadtogreatersustainabilityofnaturalresourcesandimproved profitability or
competitiveness; and(b)iftheeligibleparticipantisaprimaryproducer—toenhance the
participant’s ability—(i)to manage
effectively change and risk; and(ii)to
benefit from the adoption of innovation and bestpractice management techniques; andPage
42Reprint 6B effective 24 June
2011
Rural
and Regional Adjustment Regulation 2000Schedule(c)iftheeligibleparticipantisanindigenouslandmanager—toimprovetheparticipant’sbusinesspracticesandabilitytomanagelandzonedforruralpurposes;
and(d)iftheeligibleparticipantisarurallandmanager—toimprovetheparticipant’sabilitytomanagenaturalresources.16Type
of assistanceThe assistance available under the scheme is
a contribution totheapprovedcostsofaneligibleparticipanttakingpartinlearning
activities.17Principles for delivering learning
activities(1)The main focus of the scheme is on
maximising educationaloutcomes for eligible participants by
adopting a best practiceapproach to the delivery of learning
activities.(2)A best practice approach to the
delivery of learning activitiesincludes ensuring
the following—(a)the learning activities are not
long-term;(b)theentitydeliveringthelearningactivitiesisthebestlearning activities provider
available;(c)competitionbetweenlearningactivitiesprovidersisencouraged.(3)The
learning activities delivered under the scheme by learningactivities providers must—(a)be driven by demand from eligible
participants; and(b)giveeligibleparticipantsflexibleoptionstobestmeettheir needs;
and(c)encourageeligibleparticipantstoadoptastrategic,planned approach
to learning; and(d)be given on a competitive basis,
taking into account thefollowing—Reprint 6B
effective 24 June 2011Page 43
Rural
and Regional Adjustment Regulation 2000Schedule(i)value for money;(ii)thesuitabilityoflearningactivitiesproviderstodeliver learning activities;(iii)learningactivitiesthatpromotebestpracticeineligible participants’ businesses;
and(e)involveatransferofskillsandknowledgefromproviders to eligible participants;
and(f)usestrategiesforlearningthataresuitedtoadultlearners.(4)Procedurestoidentifythelearningneedsofeligibleparticipants, or
a group of eligible participants in a particularindustry, must be consistent with the
priorities and programframework identified by the
Commonwealth and States underthe
scheme.(5)It is expected that learning
activities may, if appropriate, belinked to
industry competency standards—(a)toachieverecognitionofskills,achievementsandqualifications of eligible participants
taking part in theactivities; and(b)tofacilitatetheportabilityofaccreditationfortheactivities.(6)Institutions delivering formal education
will be encouraged toapply a flexible approach to
accrediting a variety of learningactivitiesthatmeettheindustrycompetencystandardsmentioned in
subsection (4).(7)Eligibleparticipantsmust,toshowtheircommitmenttolearning, pay a part of the approved costs
of learning activitiesin which they take part.18Restrictions on giving
assistance(1)Assistanceundertheschememustnotbegiventopaythecosts, or part of the costs, incurred by an
eligible participant—(a)for taking part
in any of the following—(i)ongoing secondary
or tertiary education;Page 44Reprint 6B
effective 24 June 2011
Rural
and Regional Adjustment Regulation 2000Schedule(ii)conferences, study tours or other
similar activitiesthat do not have clearly defined learning
outcomes;(iii)ongoing group
mentoring;(iv)educational activities that have a
primary focus ontechnical or operational training;(v)educationalactivitiesundertakentosatisfyregulatory or
statutory requirements;(vi)educationalactivitiessubsidisedbyothergovernmentprogramsoragencies,althoughspecialconsiderationmaybegiveniftheindividual receiving the subsidy is an
Aborigine orTorres Strait Islander;(vii) iftheMinistermakesadeterminationthatassistancemaynotbegivenfortakingpartinparticular educational activities—the
activities; or(b)for receiving professional advice and
services, includinganindividualconsultation,otherthaniftheadviceorservice is removing a barrier to the
participant’s takingpart in learning activities; orExampleofabarriertoaneligibleparticipant’stakingpartinlearning activities—eligible participant has a non-English
speaking background(c)forbuyinggoodsthatarenotanintegralpartofthelearning
activity.Example—computer software(2)However, assistance may be given under the
scheme for thecostsofestablishinggroupmentoringandfortheinitialdevelopment cycle of the group.19Eligibility criteria(1)For an applicant to be eligible to
receive assistance under thescheme—(a)the applicant must—Reprint 6B effective 24 June 2011Page
45
Rural
and Regional Adjustment Regulation 2000Schedule(i)be an eligible participant; and(ii)show the assistance for which the
applicant appliesistopaytheapprovedcostsofthelearningactivities; and(b)theauthoritymustbesatisfiedtheproposedlearningactivities—(i)are
consistent with the purpose of the scheme andtheprinciplesforthedeliveryofthelearningactivities;
and(ii)arelikelytoenhancetheprofitability,competitiveness
or sustainability of the applicant’sbusiness;
and(iii)haveexpectedoutcomesthataremeasurableandsustainable; and(iv)are
cost-effective; and(v)have a strategy to evaluate the
effectiveness of thelearning; and(vi)iftheapplicantisarurallandmanager—haveaprimary focus of managing natural
resources.(2)For subsection (1)(b)(iv), whether the
learning activities arecost-effectiveismeasuredbytakingintoaccountthefollowing—(a)thenumberofeligibleparticipantsproposingtotakepart in the
learning activities;(b)thenatureandextentofthelearningactivitiestobesupplied;(c)theexpectedmeasurableoutcomesofthelearningactivities;(d)the
total cost of delivering the learning activities.20Determinations by Minister(1)TheMinistermustpublishdeterminationsmadeunderthisscheme on the scheme’s website.Page
46Reprint 6B effective 24 June
2011
Rural
and Regional Adjustment Regulation 2000ScheduleEditor’s note—The address of
the FarmBis website at the commencement of this partwas
<www.farmbis.gov.au>.(2)Inthisschedule,areferencetoadeterminationincludesareference to a determination as
amended.21Amount of contribution to approved
costs(1)The nature of assistance that may be
given under the schemeisacontributiontotheapprovedcostsoftakingpartinlearning activities.(2)An applicant may, in each financial
year, make more than 1application for assistance.(3)However,theamountpaidtoanapplicantineachfinancialyear
must not be greater than the maximum contribution to theapplicant’sapprovedcoststhatisdeterminedundersection22(1).(4)Theamountofthecontributiontoanapplicantthattheauthority may make is decided on the
basis of the approvedcosts for the proposed learning
activities, taking into accountthe
following—(a)the cost-effectiveness of the learning
activities;(b)the removal of barriers to access
learning activities;(c)thetransparencyofthetruecostofsupplyingthelearning activities;(d)the
need to ensure that in the future the applicant acceptsgreaterresponsibilityfortheapplicant’slong-termlearning and educational needs;(e)therateofthecontributionfortheproposedlearningactivities;(f)if
the Minister makes a determination that other mattersmust
be taken into account—the other matters.(5)The
rate of the contribution—(a)istherateapplyingonthedaytherelevantproperlymade
application is approved by the authority; andReprint 6B
effective 24 June 2011Page 47
Rural
and Regional Adjustment Regulation 2000Schedule(b)mayvaryaccordingtothecategoryofthelearningactivities
proposed to be undertaken.(6)The Minister may
make a determination about the rate of thecontribution for
each category of learning activities.22Maximum and minimum contribution
amounts(1)The Minister may make a determination
about the followingthat may be paid to an applicant each
financial year under thescheme—(a)themaximumcontributiontotheapplicant’sapprovedcosts; and(b)theminimumcontributiontotheapplicant’sapprovedcosts.(2)However, the maximum contribution must not
be greater than65% of the approved costs.(3)A contribution to an applicant’s
approved costs may be madeonlyiftheauthoritydecidestheapprovedcostsoftheproposedlearningactivitiesisgreaterthantheminimumcontribution.23Applications(1)An
application for assistance under the scheme—(a)must
be made on the application form approved by theauthority;
and(b)may only be made—(i)by an
eligible participant; or(ii)on behalf of a
group of eligible participants by alearningactivitiesproviderwhoisproposingtodeliver learning activities to the
participants; and(c)must be lodged with the
authority.(2)The authority assesses properly made
applications in the orderin which they are received.(3)Applications must be made on or before
31 March 2008.Page 48Reprint 6B
effective 24 June 2011
Rural
and Regional Adjustment Regulation 2000Schedule24Deciding applications(1)The authority must consider and decide
to approve or refuseto approve each application for
assistance.(2)Theauthoritymustrefusetoapproveanapplicationforassistanceiftheapplicantis,onthecommencementofthissection, taking part or has taken part
in the learning activitiesfor which the application is
made.(3)Iftheapplicationisnotaproperlymadeapplication,theauthority must—(a)refuse to approve the application;
and(b)return the application form to the
applicant.(4)An application is aproperly made applicationif
the authorityis satisfied the applicant has provided
sufficient information todecide the application.(5)A learning activities provider
applying on behalf of a group ofeligibleparticipantsmustshowtheproviderhastheappropriateabilityandexperiencetodeliverlearningactivities to the rural sector.(6)Theauthoritymustrefusetoapproveanapplicationforassistance if the allocation of funding by
the Commonwealthis exhausted.25Terms
and conditions(1)The terms and conditions applying
under this scheme for aneligibleparticipant,oragroupofeligibleparticipants,toreceive assistance include—(a)unlesstheauthoritydecidesotherwise,requiringtherelevant learning activities—(i)tostartwithin3monthsafterapprovaloftheapplication; and(ii)tofinishwithin6monthsafterthelearningactivities start;
and(iii)to finish on or
before 30 June 2008; andReprint 6B effective 24 June
2011Page 49
Rural
and Regional Adjustment Regulation 2000Schedule(b)requiringeachoftheeligibleparticipantstogivetheauthority an
evaluation of the learning activities; and(c)requiringanundertakingfromeachoftheeligibleparticipants and
the relevant learning activities providertotakepartinanysurveys,programresearchorevaluation the State or Commonwealth
decides; and(d)any other terms and conditions decided
by the authority.(2)The authority may require that the
relevant learning activitiesprovidergivestheauthorityanattendancerecordoftheeligible
participants taking part in the learning activities.(3)The attendance record must be in
sufficient detail to identifyeachoftheeligibleparticipantsandthelocalityoftheparticipant’s business.(4)If the authority makes a decision
under subsection (1)(d), theauthoritymustgiveeacheligibleparticipantandlearningactivities
provider affected by the decision written notice ofthe
other terms and conditions.26Payment(1)This section applies to the authority
making payments underthe scheme to an eligible participant
or a learning activitiesprovider.(2)Iftheapplicantforassistanceisaneligibleparticipant,theauthoritymaymakeapaymenttotheparticipantfortherelevant learning activities if the
participant—(a)gives the authority—(i)evidence of payment of part of the
approved costsof the learning activities; and(ii)acompletedevaluationformforthelearningactivities; and(b)satisfies the authority that the participant
has compliedwith—(i)the
terms and conditions applying to the participantunder
the scheme; andPage 50Reprint 6B
effective 24 June 2011
Rural
and Regional Adjustment Regulation 2000Schedule(ii)theothertermsandconditionsdecidedbytheauthority.(3)If the applicant for assistance is a
learning activities providerapplyingonbehalfofagroupofeligibleparticipants,payment may be
made to the provider for the relevant learningactivities if the
provider—(a)gives the authority—(i)evidence of payment by each eligible
participant ofpart of the approved costs of the learning
activities;and(ii)an evaluation
form for the learning activities thathasbeencompletedbyeacheligibleparticipant;and(b)satisfiestheauthoritythattheproviderhascompliedwith—(i)the terms and conditions applying to
the providerunder the scheme; and(ii)theothertermsandconditionsdecidedbytheauthority.(4)Unless the authority decides
otherwise, requests for paymentfor assistance
under the scheme must be made—(a)within6monthsaftertheapplicationforassistanceisapproved; and(b)on or
before 31 July 2008.Reprint 6B effective 24 June
2011Page 51
Rural
and Regional Adjustment Regulation 2000SchedulePart
3Primary Industry ProductivityEnhancement SchemeDivision 1Preliminary27Objective of schemeTheobjectiveoftheschemeistoprovideassistancethatwill—(a)strengthen the economy of Queensland
regions; and(b)facilitatethedevelopmentofsustainableprimaryproduction in Queensland.28Application of scheme(1)The scheme consists of the following
programs—(a)the first start program;(b)the sustainability program.(2)Anapplicantmayapplyforassistanceundermorethan1program.29Definitions for pt 3In this
part—approved application form, for
a program under the scheme,means the application form approved by
the authority for theprogram.commercialwildcatch-fishingmeansthefishingandharvesting for commercial purposes of marine
and freshwaterspecies from a wild population that are
caught in their naturalenvironment.eligible
activitiesmeans the eligible activities decided
undersection 31.Page 52Reprint 6B effective 24 June
2011
Rural
and Regional Adjustment Regulation 2000Schedulefirst start programmeans the part of
the scheme set out indivisions 2 and 3.managementplan,ofanapplicantapplyingforassistanceunder the scheme,
means a plan that—(a)includes details of the activity for
which the applicant isapplying for assistance; and(b)adoptsatimelywholeofbusinessapproachtosustainableprimaryproductionandincludescomponents of
sustainable management relevant to—(i)viability; and(ii)productivity; and(iii)managing the impacts of the activity on the
naturalresource base where the activity is to be
carried outand other ecosystems affected by the
activity; and(iv)managing business and climate risks;
and(c)if the assistance is for on-farm
activities—identifies andstates the area of land affected by
the application; and(d)must comply with the guidelines for
management plansunder the scheme that are issued by the
authority.Editor’s note—Acopyoftheguidelinesformanagementplansunderthescheme may be obtained from the
authority.mutual obligation conditionsee
section 36A(1).primary producermeans—(a)asoletraderwhospendsthemajorityofhisorherlabour on, and derives the majority of his
or her incomefrom, a primary production enterprise;
or(b)partners in a partnership,
shareholders in a company orbeneficiaries of
a trust, who spend the majority of theirlabour on, and
derive the majority of their income from,a primary
production enterprise.primary production enterprisemeans
a business carried on inaprimaryproductionindustry,includingtheagricultural,Reprint 6B
effective 24 June 2011Page 53
Rural
and Regional Adjustment Regulation 2000Scheduleapicultural,aquacultural,commercialwildcatch-fishing,forestry, grazing
and horticultural industries.sharefishermeans a person
who—(a)worksinabusinessinthecommercialwildcatch-fishing industry; and(b)shares the proceeds of the business
with the owner of thebusiness.sustainability
programmeans the part of the scheme set outin
divisions 2 and 4.Division 2General
provisions for scheme30Nature of
assistanceThenatureoftheassistancethatmaybegivenunderthescheme is loans at concessional rates of
interest to applicantswho—(a)are
carrying out eligible activities; and(b)under
section 39 or 43, are eligible to receive assistanceunder
the scheme.31Eligible activities(1)The chief executive must—(a)decide the activities that are
eligible activities for eachprogram under the
scheme; and(b)notifytheauthorityaboutthedecisionmadeunderparagraph
(a).(2)When deciding whether an activity is
an eligible activity for aprogram, the chief executive must
consult with relevant publicsector
entities.Page 54Reprint 6B
effective 24 June 2011
Rural
and Regional Adjustment Regulation 2000Schedule32Interest rate(1)Theinitialinterestrateundertheschemeforaloantoanapplicant will be worked out when the
applicant first drawsdown the loan in part or full.(2)The initial interest rate for the
loan—(a)depends on whether the interest rate
is fixed for 1, 3 or 5years,asdecidedbytheapplicantwhentheapplicantfirst draws down
the loan in part or full; and(b)is
worked out by the authority based on the base lendingrate
for the relevant period.(3)The authority
may, during the term of the loan, increase theinterest rate
from the interest rate mentioned in subsection (2)to a
commercial rate.(4)If, under subsection (3), the
authority decides to increase theinterestratebecausetheapplicant’sfinancialcapacityimproves during
the term of the loan, the authority may decidetheextenttowhichtheinterestratefortheloanwillincrease—(a)in an
annual review of the loan; and(b)based
on the improvement.(5)The power conferred by subsection (4)
may be exercised morethan once in relation to the
applicant.(6)In this section—base lending
rate, means the rate decided by the authority
foreach 6 month period in each year that is the
1, 3 or 5 yearlendingrate,asappropriate,oftheQueenslandTreasuryCorporation, plus 1%.33Terms
of repayment(1)Repayment of principal and interest on
a loan granted to anapplicant under the scheme will be—(a)initially calculated using a period of
up to the maximumterm of the loan; andReprint 6B
effective 24 June 2011Page 55
Rural
and Regional Adjustment Regulation 2000Schedule(b)tailored to the applicant’s individual
requirements basedon the applicant’s income patterns.(2)Aninterestonlyperiodofnotmorethan2yearsmaybeavailable.(3)The
loan will have an initial interest rate that is fixed undersection 32.34Security(1)Ifanapplicantisgrantedaloanunderthescheme,theapplicant must give security for the
loan.(2)The security required is—(a)a mortgage of land or other assets
that is—(i)satisfactory to the authority;
and(ii)commensurate with the amount of the
loan; and(b)anyothersecuritytheauthorityconsidersnecessary,including, for
example, a bill of sale, crop lien or stockmortgage.35ApplicationsAn application
for assistance under the scheme must be—(a)made
on the approved application form for the programunder
which the applicant is applying; and(b)accompanied by the documents stated on the
approvedapplication form; and(c)lodged with the authority.36Deciding applicationsThe
authority must consider and decide to approve or refuseto
approve each application for assistance.Page 56Reprint 6B effective 24 June
2011
Rural
and Regional Adjustment Regulation 2000Schedule36AMutual obligation condition of
loan—reporting outcomes(1)It is a condition
(mutual obligation condition) of
a loan underthe scheme that the applicant for the loan
give the authorityreports on the outcomes achieved with the
funds loaned to theapplicant.(2)The
reports must be given to the authority in the form, and atthe
intervals, stated in the written offer of a loan given to
theapplicant by the authority.Division 3First start
program37Purpose of assistance under the first
start program(1)The first start program is designed to
provide finance to anapplicant in the first years of
establishment of the applicant’sprimary
production enterprise.(2)The purpose of
assistance under the first start program is toenable an
applicant to become a primary producer by assistingthe
applicant—(a)toacquireandoperateaviableprimaryproductionenterprise;
or(b)to acquire and operate a primary
production enterpriseon a staged basis, as part of a longer
term plan for theapplicanttooperateaviableprimaryproductionenterprise;
or(c)to enter the existing primary
production enterprise of theapplicant’s
parents or other family member, as a part ofa longer term
plan for the applicant to operate a viableprimaryproductionenterpriseintheapplicant’sownright; or(d)toenterintoaleasing,sharefarmingorsharefishingarrangement that
will lead to the applicant operating aviable primary
production enterprise; or(e)to upgrade, build
up or develop the applicant’s existingnon-viableprimaryproductionenterprisethathasnotReprint 6B
effective 24 June 2011Page 57
Rural
and Regional Adjustment Regulation 2000Schedulegenerated the majority of the applicant’s
income to oneof an economically sustainable size.38Maximum loan amountsThe
maximum amount of a loan, or the total outstanding loanbalance, under the first start program is
$650000.39Eligibility criteria(1)For an applicant to be eligible to
receive assistance under thefirst start
program, the applicant must—(a)have
resided in Queensland for at least 6 months; and(b)notown,orhavedisposedof,aviableprimaryproduction
enterprise; and(c)provideevidenceoffinancialneedfortheassistance;and(d)iftheloanistoentertheexistingprimaryproductionenterprise or buy
the applicant’s parents’ or other familymember’s
assets—be able to demonstrate—(i)the
parents or family member is not in a financialpositiontocompletelyeffectatransferoftheassets; and(ii)thepurchaseisnotmerelyarefinancearrangement;
and(e)demonstrate adequate experience or
other qualificationsto give the applicant a reasonable prospect
of success inthe particular industry the applicant wishes
to enter; and(f)be able to demonstrate—(i)forbuyingaprimaryproductionenterprise—theapplicant will
have 50% equity in the enterprise; or(ii)foraleasing,sharefarmingorsharefishingarrangement—theapplicantwillpay50%oftheset up costs of
the enterprise; andPage 58Reprint 6B
effective 24 June 2011
Rural
and Regional Adjustment Regulation 2000Schedule(g)demonstrateadequatefundingforcarry-onpurposes;and(h)demonstrate sound
prospects for commercial viability inthelong-termdevelopmentoftheprimaryproductionenterprise, in accordance with the planned
progression,andthecapacitytoserviceproposeddebtfromtheenterprise and other forms of income;
and(i)trade in the applicant’s own right or
satisfy the authoritythattheapplicant’sentryintotheexistingprimaryproduction
enterprise of the applicant’s parents or otherfamilymemberispartofalongertermplantoultimately trade
in the applicant’s own right; and(j)givetheauthorityamanagementplanthatshowsthestagesofaplannedprogressiontowardsaviablefirstprimary production enterprise.(2)However, for subsection (1)(f), the
authority may, in relevantcircumstances, vary the amount of
equity in the enterprise thatthe applicant is
required to demonstrate.Examples of relevant
circumstances—1a joint lending
proposal with a commercial lender2applicant has stable off-farm or other
income from land or otherassets40Maximum term of loanThe maximum term
of a loan is 20 years.Division 4Sustainability
program41Purpose of assistance under
sustainability programThe purpose of assistance under the
sustainability program istoenableaprimaryproducertoimplementsystemsandmanagementpracticesthatenhancesustainableprimaryproduction by—(a)increasing productivity and long-term
viability; andReprint 6B effective 24 June 2011Page
59
Rural
and Regional Adjustment Regulation 2000Schedule(b)avoiding or minimising adverse impacts
on—(i)thenaturalresourcebasewheretheactivityforwhich
the assistance is received is performed; and(ii)other
ecosystems affected by the activity; and(c)adopting systems and practices to mitigate
the effects ofclimate, drought and market risks.42Maximum loan amounts and outstanding
loan balances(1)Themaximumamountofaloanunderthesustainabilityprogram is
$650000.(2)The maximum combined outstanding loan
balance under thesustainability program and any of the
following is $650000—(a)the former
development program;(b)the former resource management
program;(c)theformerdevelopmentprogramandformerresourcemanagement program.Examples—1A person who has
an outstanding loan balance of $200000 undertheformerdevelopmentprogrammayobtainaloanofupto$450000 under the sustainability
program.2A person who has an outstanding loan
balance of $150000 underthe former resource management program
may obtain a loan of upto $500000 under the sustainability
program.3A person who has an outstanding loan
balance of $300000 underthe former development program and
$100000 under the formerresource management program may obtain
a loan of up to $250000under the sustainability
program.(3)Themaximumamountofaloanunderthesustainabilityprogram to buy
livestock is $200000.(4)Themaximumamountofaloanunderthesustainabilityprogram to do 1
or more of the following is $200000—(a)upgrade plant or machinery;(b)buy plant or machinery;(c)replace plant or machinery.Page
60Reprint 6B effective 24 June
2011
Rural
and Regional Adjustment Regulation 2000Schedule(5)In this section—formerdevelopmentprogramseesection13ofthisregulation.former resource
management programsee section 13 of thisregulation.43Eligibility criteriaTobeeligibletoreceiveassistanceunderthesustainabilityprogram, the
applicant must—(a)demonstrate to the satisfaction of the
authority—(i)that the applicant is a primary
producer; and(ii)thattheapplicantisworkingfull-timeandhasworkedfull-timeforatleast2yearsintheapplicant’s primary production
enterprise; and(iii)sound prospects
for commercial viability, and theability to
service the loan, in the long term; and(iv)that
the amount of non-enterprise or liquid assetsownedbytheapplicantisnotmorethantheamount needed for
prudent risk management; and(v)iftheassistanceissoughttorationaliseapartnership—thattheproposalfortherationalisationisnotmerelyarefinancearrangement;
and(vi)iftheassistanceissoughttoupgrade,buyorreplaceplantormachinery—theplantormachinerywillbeusedpredominantlyfortheenterprise; and(b)provide evidence of a financial need for the
assistance;and(c)give the
authority a management plan that outlines theintendedoutcomesassociatedwiththeactivityforwhich the applicant is applying for
assistance; and(d)iftheassistanceissoughtforon-farmactivitiesforwhich a licence, permit, approval or
other authorisationReprint 6B effective 24 June 2011Page
61
Rural
and Regional Adjustment Regulation 2000ScheduleunderanActisrequiredbeforetheactivitycanbeconducted—givethechiefexecutiveacopyoftheauthorisation.44Maximum term of loan(1)The
maximum term of a loan for 1 or more of the following is7
years—(a)buying livestock;(b)upgrading plant or machinery;(c)buying plant or machinery;(d)replacing plant or machinery.(2)However, the authority may extend the
maximum term of theloan to not more than 20 years if—(a)theactivitiesmentionedinsubsection(1)areaminorpart
of the activities for which the applicant is applyingfor
loans under the sustainability program; or(b)havingamaximumtermof7yearsforaloanwouldadverselyaffecttheapplicant’sprospectsforcommercial viability and the ability
to service the loanin the long term.(3)The
maximum term of a loan, other than a loan mentioned insubsection (1), is 20 years.Part
4Drought Carry-on FinanceScheme50Definitions for pt 4In
this part—drought affected areasee section
51.Page 62Reprint 6B
effective 24 June 2011
Rural
and Regional Adjustment Regulation 2000Scheduleprimary production enterprisemeans
a business carried on inaprimaryproductionindustry,includingtheagricultural,apicultural,
aquacultural, grazing and horticultural industries,other
than the retail amenity horticultural industry.Exampleofabusinesscarriedoninaretailamenityhorticulturalindustry—retail nursery51What
is adrought affected areaAdrought affected areais any area of a
local government thatthe Minister decides is severely
affected by drought.52Objective of schemeTheobjectiveoftheschemeistoassistprimaryproducerswho are carrying
on primary production enterprises in droughtaffected
areas.53Nature of assistanceThenatureoftheassistancethatmaybegivenunderthescheme is loans at concessional rates of
interest.54Maximum loan amountsThemaximumamountofaloan,ortotaloutstandingloanbalance, under the scheme is $100000.55Eligibility criteriaFor
an applicant to be eligible to receive assistance under thescheme—(a)the
applicant must—(i)ownoroccupyland,andcarryonaprimaryproductionenterpriseontheland,inadroughtaffected area;
andReprint 6B effective 24 June 2011Page
63
Rural
and Regional Adjustment Regulation 2000Schedule(ii)demonstrate that the current net value
of the land isnot greater than $2m; and(iii)demonstratethattheapplicantoccupiesthelandand spends the
majority of the applicant’s labouron the primary
production enterprise—(A)as a leaseholder,
owner or sharefarmer; or(B)as a member or
employee of a company, trustor partnership;
and(iv)ordinarilyobtaintheapplicant’smajorsourceofincome from the enterprise; and(b)the authority must be satisfied
that—(i)the applicant’s enterprise has sound
prospects forcommercialviability,andtheapplicanthastheability to
service the loan, in the long term; and(ii)theamountoftheapplicant’snon-enterpriseorliquidassets,otherthaninsurancebondsandsuperannuation, is not more than the
limit for theAssetstestforhomeowners—Partnered(combined) for the Newstart Allowance;
andEditor’s note—Atthecommencementofsection55,thelimitfortheAssetstestforhomeowners—Partnered(combined)fortheNewstartAllowancewasstatedonCentrelink’swebsite at
<www.centrelink.gov.au>.(iii)theapplicanthastakenreasonableprecautionstominimise the effects of drought; and(iv)thedroughthasimpactedadverselyontheapplicant’s
primary production enterprise, causinga financial need
for the assistance.56Maximum term of loanThe
maximum term of a loan is 7 years.Page 64Reprint 6B effective 24 June
2011
Rural
and Regional Adjustment Regulation 2000Schedule57Terms of repayment(1)Repayment of principal and interest on a
loan will be initiallycalculated using a period of up to 7
years.(2)Aninterestonlyperiodofnotmorethan2yearsmaybeavailable.(3)Aloanwillhaveaninitialinterestratethatisfixedundersection
58.58Interest rate(1)Theinitialinterestrateundertheschemeforaloantoanapplicant will be worked out when the
loan is approved by theauthority.(2)The
initial interest rate for the loan—(a)depends on whether the interest rate is
fixed for 1, 3 or 5years, as decided by the authority;
and(b)is worked out by the authority based
on the base lendingrate for the relevant period.(3)A 3-year or 5-year fixed interest rate
is available only whenthe loan is first drawn down.(4)If the initial interest rate for a
loan is fixed for 3 or 5 yearsunder subsection
(3), at the end of the relevant period, and oneachsubsequentanniversary,theinterestraterevertstothebase lending rate that is the 1-year
lending rate applying at thetime.(5)However,theauthoritymay,duringthetermoftheloan,increase the
interest rate from the interest rate mentioned insubsection (4) to a commercial rate.(6)The authority may decide the extent to
which the interest ratefor the loan will increase under
subsection (5)—(a)in an annual review of the loan;
and(b)basedontheimprovedfinancialcapacityoftheapplicant.(7)In
this section—Reprint 6B effective 24 June 2011Page
65
Rural
and Regional Adjustment Regulation 2000Schedulebase
lending rate, means the rate decided by the authority
foreach6-month periodineach
yearthatisthe1,3or5-yearlendingrate,asappropriate,oftheQueenslandTreasuryCorporation, plus 1%.59Security(1)Ifanapplicantisgrantedaloanunderthescheme,theapplicant must give security for the
loan.(2)The security required is—(a)a mortgage of land or other assets,
commensurate withthe amount of the loan; or(b)anyothersecuritytheauthorityconsidersnecessary,including, for
example, a crop lien or stock mortgage.60Applications(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 applicationform; and(c)lodged with the authority.(2)Applications must be made before the
later of the followingdays—(a)30
June 2006;(b)another day decided by the
Minister.61Deciding applicationsThe
authority must consider and decide to approve or refuseto
approve each application for assistance.Page 66Reprint 6B effective 24 June
2011
Part
5Rural and Regional Adjustment Regulation
2000ScheduleDrought Recovery
Scheme62Definitions for pt 5In
this part—crop materialssee section
65(a).drought affected areasee section
63.primary production enterprisemeans
a business carried on inaprimaryproductionindustry,includingtheagricultural,apicultural,
aquacultural, grazing and horticultural industries,other
than the retail amenity horticultural industry.Exampleofabusinesscarriedoninaretailamenityhorticulturalindustry—retail nursery63What
is adrought affected areaAdrought affected areais any area of a
local government thatthe Minister decides is severely
affected by drought.64Objective of schemeTheobjectiveoftheschemeistoassistprimaryproducerswho are carrying
on primary production enterprises in droughtaffected areas to
recover from the impact of the drought.65Purpose of assistanceThepurposeofassistanceundertheschemeistoenableapplicants—(a)toplantorinvigoratecropsbyassistingthemtobuychemicals,fertiliser,fuel,seedorseedlings(cropmaterials);
and(b)to restock by assisting them to buy
stock.Reprint 6B effective 24 June 2011Page
67
Rural
and Regional Adjustment Regulation 2000Schedule66Nature of assistanceThenatureoftheassistancethatmaybegivenunderthescheme is loans at concessional rates of
interest.67Maximum loan amounts(1)Themaximumamountofaloan,ortotaloutstandingloanbalance, under the scheme is $200000.(2)If a loan is to assist with planting
or invigorating crops—(a)themaximumloanamounttobuycropmaterialsis$60000; and(b)theloanwillbelimitedtothecostofplantingorinvigorating a crop for an area that is the
average of theareas planted for the previous 3
crops.(3)If the loan is for restocking, the
maximum amount of a loanis—(a)for
buying breeding stock—$200000; or(b)for
buying stock other than breeding stock—$100000.68Eligibility criteriaFor an applicant
to be eligible to receive assistance under thescheme—(a)the applicant must—(i)ownoroccupyland,andcarryonaprimaryproductionenterpriseontheland,inadroughtaffected area;
and(ii)demonstrate that the current net value
of the land isnot greater than $2m; and(iii)demonstratethattheapplicantoccupiesthelandand spends the
majority of the applicant’s labouron the primary
production enterprise—(A)as a leaseholder,
owner or sharefarmer; orPage 68Reprint 6B
effective 24 June 2011
Rural
and Regional Adjustment Regulation 2000Schedule(B)as a member or employee of a company,
trustor partnership; and(iv)ordinarilyobtaintheapplicant’smajorsourceofincome from the enterprise; and(b)the authority must be satisfied
that—(i)the applicant’s enterprise has sound
prospects forcommercialviability,andtheapplicanthastheability to
service the loan, in the long term; and(ii)theapplicanthasexhaustedallliquidassetsandlines of credit the authority
considers suitable; and(iii)there is a
financial need for the assistance.69Maximum term of loanThe maximum term
of a loan is—(a)for buying crop materials—5 years;
or(b)for buying stock—7 years.70Terms of repayment(1)Repaymentofprincipalandinterestonaloantoaprimaryproducer will be
initially worked out—(a)forbuyingcropmaterials—usingaperiodofupto5years; or(b)for
buying stock—using a period of up to 7 years.(2)However, repayment of principal and interest
on the loan willbe tailored to the primary producer’s
individual requirementsbased on the producer’s income
patterns.(3)If a loan is to buy crop materials for
planting or invigorating acrop, repayment of the loan must be
made from proceeds ofthesaleofthecropand,iftheauthoritydecides,fromproceeds of the sale of any subsequent
crop.(4)Aloanwillhaveaninitialinterestratethatisfixedundersection 71.Reprint 6B
effective 24 June 2011Page 69
Rural
and Regional Adjustment Regulation 2000Schedule71Interest rate(1)Theinitialinterestrateundertheschemeforaloantoanapplicant will be worked out when the
loan is approved by theauthority.(2)The
initial interest rate for the loan—(a)depends on whether the interest rate is
fixed for 1, 3 or 5years, as decided by the authority;
and(b)is worked out by the authority based
on the base lendingrate for the relevant period.(3)A 3-year or 5-year fixed interest rate
is available only whenthe loan is first drawn down.(4)If the initial interest rate for a
loan is fixed for 3 or 5 yearsunder subsection
(3), at the end of the relevant period, and oneachsubsequentanniversary,theinterestraterevertstothebase lending rate that is the 1-year
lending rate applying at thetime.(5)However,theauthoritymay,duringthetermoftheloan,increase the
interest rate from the interest rate mentioned insubsection (4) to a commercial rate.(6)The authority may decide the extent to
which the interest ratefor the loan will increase under
subsection (5)—(a)in an annual review of the loan;
and(b)basedontheimprovedfinancialcapacityoftheapplicant.(7)In
this section—base lending rate, means the rate
decided by the authority foreach
6-monthperiod in each yearthatisthe1,3or5-yearlendingrate,asappropriate,oftheQueenslandTreasuryCorporation, plus 1%.72Security(1)Ifanapplicantisgrantedaloanunderthescheme,theapplicant must give security for the
loan.(2)The security required is—Page
70Reprint 6B effective 24 June
2011
Rural
and Regional Adjustment Regulation 2000Schedule(a)a mortgage of land or other assets,
commensurate withthe amount of the loan; or(b)anyothersecuritytheauthorityconsidersnecessary,including, for
example, a crop lien or stock mortgage.73Applications(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 applicationform; and(c)lodged with the authority.(2)Applications must be made before the
later of the followingdays—(a)30
June 2006;(b)another day decided by the
Minister.74Deciding applicationsThe
authority must consider and decide to approve or refuseto
approve each application for assistance.75Payment(1)This
section applies to the authority making payments to—(a)aprimaryproducerwhoisreceivingassistanceunderthe scheme;
or(b)apersonfromwhomtheproducerhasboughtcropmaterials or stock.(2)Payment may be made only if the primary
producer gives theauthority an invoice or receipt as evidence
for the amounts tobe paid.Reprint 6B
effective 24 June 2011Page 71
Rural
and Regional Adjustment Regulation 2000SchedulePart
6Citrus Reimbursement andRe-establishment
Scheme76Definitions for pt 6In
this part—cankerseethePlantProtectionRegulation2002,section131E.citrus plantmeans—(a)a plant of any of the following
species—(i)Citrusaurantifolia,Citrusgrandis,Citruslimon,Citrus medica,Citrus paradisi,Citrus reticulataorCitrus sinensis;(ii)Fortunella
margaritaorFortunella japonica;
or(b)aplantthatisahybridbetweenanyofthespeciesmentioned in
paragraph (a)(i).permitted local government areameans
the local governmentarea of the Central Highlands Regional
Council.pestquarantineareameansthepestquarantineareaforcanker declared under thePlant Protection Regulation 2002,section 137.relevant
propertymeans a following property—(a)lots8and9onRP881529(commonlyknownastheCordoma property);(b)lot
28 on DSN905 (commonly known as the Citricorpproperty);(c)lot3onRP841443(commonlyknownasthe2PHCapricorn
property);(d)lot37onSP161099(commonlyknownasthe2PHGumtrees
property).Editor’s note—A copy of a plan
mentioned in paragraph (a), (b), (c) or (d) isheld by the
department at its office at level 3, Primary IndustriesPage
72Reprint 6B effective 24 June
2011
Rural
and Regional Adjustment Regulation 2000ScheduleBuilding,80AnnStreet,BrisbaneanditsEmeraldofficeatEmerald Government Offices, 99 Hospital
Road, Emerald.77Purpose of assistanceThe
purpose of assistance under the scheme is to assist eachowner
of a relevant property who maintained citrus plants onthe
property until 3 June 2005.78Nature of
assistance(1)The nature of the assistance that may
be given to the owner ofa relevant property is—(a)reimbursementofanamountfortheowner’scostsofnurturing the citrus plants growing on
the property at 3June 2005 (theJune 2005
orchard); and(b)payment of an amount to assist the owner
re-establish acitrus orchardon a property
owned by the owner in apermitted local government area when
the replanting isallowed under thePlant Protection
Regulation 2002inthe pest quarantine area.(2)The amount that may be reimbursed
under subsection (1)(a) is$80 for each citrus plant comprising
the June 2005 orchard.(3)The amount that
may be paid under subsection (1)(b) is—(a)notmorethan$20foreachcitrusplant,uptothenumberofcitrusplantscomprisingtheJune2005orchard, to be
replanted by the owner; and(b)worked out on a
pro rata basis according to the numberof citrus plants
for which properly made applications arereceived.(4)In this section—properly made
applicationmeans an application complyingwith
section 81.Reprint 6B effective 24 June 2011Page
73
Rural
and Regional Adjustment Regulation 2000Schedule79Eligibility criteria(1)For a person to be eligible to receive
assistance mentioned insection 78(1)(a)—(a)the
citrus plants for which the reimbursement is soughtmust
have been felled and stacked; and(b)the
person must provide verification, acceptable to theauthority—(i)thatthepersonwastheownerofarelevantproperty at 3 June 2005; and(ii)ofthenumberofcitrusplantsgrowingontheproperty at that date.(2)For a person to be eligible to receive
assistance mentioned insection 78(1)(b), the person
must—(a)be eligible for, or have received,
assistance mentioned insection 78(1)(a); and(b)provide verification, acceptable to
the authority—(i)oftheperson’spurchaseofcitrusplantstockforwhich
the assistance is sought; and(ii)that
either—(A)the citrus plant stock are to be
planted on theperson’spropertyinapermittedlocalgovernmentareawhenthereplantingisallowedunderthePlantProtectionRegulation
2002in the pest quarantine area;or(B)thecitrusplantstockwereplantedontheperson’spropertyinapermittedlocalgovernmentareaafterthereplantingwasallowedunderthatregulationinthepestquarantine
area.80Terms and conditions(1)The terms and conditions of the
assistance are the terms andconditions
decided by the authority.Page 74Reprint 6B
effective 24 June 2011
Rural
and Regional Adjustment Regulation 2000Schedule(2)The owner of a relevant property must
enter into a contractwith the authority for the
assistance.81Applications(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 applicationform; and(c)lodged with the authority.(2)Applicationsforassistancementionedinsection78(1)(a)must
be made within 1 year after this section commences.(3)Applicationsforassistancementionedinsection78(1)(b)mustbemadenotlaterthan1yearafterthereplantingmentioned in the
paragraph is allowed.Part 7Small Business
EmergencyAssistance Scheme82Definitions for pt 7In this
part—CommonwealthActmeanstheRuralAdjustmentAct1992(Cwlth).ECdeclarationmeansadeclarationundertheCommonwealthActofanareaasanareaundergoingexceptional
circumstances.Editor’s note—At the
commencement of section 82, information about the
declarationanddeclaredareawasavailableontheAustralianGovernmentDepartmentofAgriculture,FisheriesandForestrywebsiteat<www.daff.gov.au>.Reprint 6B effective 24 June 2011Page
75
Rural
and Regional Adjustment Regulation 2000Schedule83Objective of scheme(1)Theobjectiveoftheschemeistoassistownersoflocallyowned small
businesses to meet operating and other essentialcosts
if the business enterprise is—(a)located in, adjacent to or dependent on, an
EC area; or(b)affectedbyanothersignificanteventdecidedbytheMinister.(2)In
this section—EC areameans an area
declared under an EC declaration.smallbusinessmeansabusinessemployingnotmorethan100
employees.84Nature of assistanceThenatureoftheassistancethatmaybegivenunderthescheme is an interest subsidy for new or
existing commercialloans.85Maximum subsidy amount(1)Subject to subsection (5), the maximum
interest subsidy thatmay be given for a loan is $10000 a
year for each EC period.(2)The interest
subsidy will be not more than 50% of the interestpayableonneworexistingloansfortheperiodoftheassistance, if the lender’s rate is
competitive for the loan beingsubsidised.(3)Payment of the interest subsidy will be made
in advance to thecommerciallenderfornotmorethan1yearandthenbesubject to a second year review.(4)If under the EC declaration,
assistance may be given for morethan 2 EC
periods, an interest subsidy may be applied for andgiven
for each additional EC period.(5)Any
subsidies already given under the small business droughtassistanceschememustbedeductedfromtheamountmentioned in subsection (1).Page
76Reprint 6B effective 24 June
2011
Rural
and Regional Adjustment Regulation 2000Schedule(6)In this section—EC periodmeans
a period, that is 1 year or less, for which anEC declaration
applies and for which assistance may be givenunder the
scheme.small business drought assistance
schememeans the schemeset out in part
18.86Eligibility criteriaFor
an applicant to be eligible to receive assistance—(a)the applicant must—(i)own (whether as sole owner, in
partnership or as aprivate company) and operate a small
business; and(ii)demonstratethattheapplicanthasownedandoperated the business for at least 2 years;
and(iii)ordinarilyobtaintheapplicant’smajorsourceofincome from the business enterprise;
and(iv)demonstrate a need for the assistance;
and(v)provide evidence that the need for the
assistance isrelatedtotheeffectoftheexceptionalcircumstancesorothersignificanteventdecidedunder section
83(1)(b); and(b)theauthoritymustbesatisfiedthatthebusinessenterprise has sound prospects of commercial
viabilitygiven normal conditions.87Applications(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 applicationform; and(c)lodged with the authority.Reprint 6B effective 24 June 2011Page
77
Rural
and Regional Adjustment Regulation 2000Schedule(2)If drought is the main cause of the
need for assistance—(a)theapplicationmustbemadenotlaterthan6monthsaftertheECdeclarationisrevokedundertheCommonwealth Act; and(b)iftheapplicationismadewithin6monthsaftertherevocation, assistance may be given
for up to 1 year.88Deciding applicationsThe
authority must consider, and decide to approve or refuseto
approve, each application for assistance.Part 8Exceptional CircumstancesScheme89Definitions for pt 8In this
part—carry-on financemeans an amount
used for the day to dayoperatingexpensesofaprimaryproducer’sbusiness,otherthan for
acquisition of capital for the business.CommonwealthActmeanstheRuralAdjustmentAct1992(Cwlth).EC areameans
an area declared under an EC declaration.Editor’s
note—At the commencement of section 89,
information about the declarationanddeclaredareawasavailableontheAustralianGovernmentDepartmentofAgriculture,FisheriesandForestrywebsiteat<www.daff.gov.au>.ECdeclarationmeansadeclarationundertheCommonwealthActofanareaasanareaundergoingexceptional
circumstances.Page 78Reprint 6B
effective 24 June 2011
Rural
and Regional Adjustment Regulation 2000ScheduleEC
periodmeans a period, that is 1 year or less, for
which anEC declaration applies and for which
assistance may be givenunder a rural adjustment
scheme.exceptionalcircumstancesmeanscircumstancesthathavedetrimentally affected a primary
producer’s income, leadingto financial difficulty.NewstartAllowancemeanstheNewstartAllowanceadministered by Centrelink.Editor’s note—At
the commencement of section 89, information about the
allowancewas stated on Centrelink’s website at
<www.centrelink.gov.au>.primary
production enterprisemeans a business carried on inaprimaryproductionindustry,includingtheagricultural,apicultural,
aquacultural, grazing and horticultural industries,other
than the retail amenity horticultural industry.Exampleofabusinesscarriedoninaretailamenityhorticulturalindustry—retail nurseryrural adjustment
schememeans a Rural Adjustment Schemewithin the meaning of the Commonwealth
Act.90Objectives of scheme(1)The objectives of the scheme
are—(a)to assist affected primary producers
if, had exceptionalcircumstancesnothappened,theprimaryproductionenterprisescarriedonbytheproducerswouldhavelong-termprospectsofprofitabilityandsustainability;and(b)to assist affected primary producers
to recover from theeffects of exceptional circumstances.(2)In this section—affected primary
producermeans a primary producer who iscarrying on a primary production enterprise
in an EC area.Reprint 6B effective 24 June 2011Page
79
Rural
and Regional Adjustment Regulation 2000Schedule91Purpose of assistanceThe
purpose of assistance under this scheme is to facilitate 1or
more of the following strategies—(a)improvementsinproductivity,includingforrecoverypurposes;(b)the provision of carry-on
finance;(c)debt restructuring.92Nature of assistanceThe
nature of the assistance that may be given is an interestsubsidyforneworexistingloansforprimaryproductionenterprises.93Level
of assistance(1)The level of assistance to be given to
a primary producer mustbe decided by the extent of assistance
needed for the strategiesmentioned in section 91.(2)The interest subsidy given to a
primary producer in the firstEC period must be
not more than 50% of the eligible interest.(3)The
interest subsidy given to a primary producer in the secondor a
subsequent EC period must be not more than 80% of theeligible interest.(5)The
level of assistance to be given to a primary producer mustbe
decided from—(a)the budgets from the producer’s
enterprise that allow forfinancialdemandsontheenterpriseappropriatetotheexceptional circumstances; and(b)an assessment of the living expenses
for the householdat the relevant Newstart Allowance
rate.(6)In deciding the amount of subsidy to
be given to a primaryproducer,theauthoritymusttakeintoaccountthelevelofassistancetheproducerhasalreadyreceivedunderaruraladjustment
scheme.Page 80Reprint 6B
effective 24 June 2011
Rural
and Regional Adjustment Regulation 2000Schedule(7)The amount of interest subsidy payable
to a primary producermustnotresultintheproducerreceiving,underaruraladjustment
scheme, more than—(a)$100000 in any 1-year period;
or(b)acumulativetotalof$500000intheprevious5-yearperiod.(8)Ifaprimaryproducerhaspurchasedadditionalfarmingproperty during
the exceptional circumstances, the authority,indecidingthelevelofloanstobesupportedforaninitialinterestsubsidy,mustdeductthefullcostofthepurchasefrom the balance
of the existing loans unless the purchase wasmademorethan1yearbeforetheproducerlodgedanapplication for assistance.(9)AnyloansorassociatedcostsalreadysubsidisedunderanyotherCommonwealthschememustnotbeconsideredforsupport.(10)In
this section—eligible interestmeans the
interest payable on, and associatedcosts of, the
loans for which an interest subsidy is sought.94Period of assistance(1)Theperiodforwhichaninterestsubsidyisgivenistobedecided in each
case by the authority.(2)The period will
be not more than 1 year for each application.95Eligibility criteria(1)Foranapplicanttobeeligibletoreceiveassistance,theapplicant must satisfy the criteria stated
in subsection (2) andtheauthoritymustbesatisfiedofthemattersstatedinsubsection (3).(2)The
applicant must—(a)beaprimaryproducertowhomanECdeclarationapplies;
andReprint 6B effective 24 June 2011Page
81
Rural
and Regional Adjustment Regulation 2000Schedule(b)own or occupy land, and carry on a
primary productionenterprise on the land, in the EC area or
the buffer zonedeclared under the EC declaration;
and(c)demonstratethat,undernormalcircumstances,theapplicant occupies the land and—(i)spends at least 75% of the applicant’s
labour on theenterprise; and(ii)obtains at least 50% of the applicant’s
income fromthe enterprise; and(d)demonstratethattheapplicanthasbeenaprimaryproducer for at least 2 years; and(e)demonstrate that the enterprise is in
financial difficultybecause of the exceptional circumstances;
and(f)for the applicant to be eligible to
receive a cumulativetotalof$300000ormore—demonstratethattheenterprise is viable by having a
business assessment ofthe enterprise carried out by a
suitably qualified assessorwho—(i)does
not have a financial interest in the enterprise;and(ii)hasnothadprofessionaldealingswiththeenterpriseinthe5yearsimmediatelybeforetheassessment is carried out.(3)The authority must be satisfied
that—(a)theprimaryproductionenterpriseisinfinancialdifficulty because of the exceptional
circumstances; and(b)the assistance is necessary to achieve
1 or more of thestrategies mentioned in section 91;
and(c)without the assistance, the enterprise
would not have thecapacitytoachieveormaintaincommercialviability;and(d)the applicant has—(i)on
commercial terms, disposed of—(A)all
non-essential farm assets; andPage 82Reprint 6B effective 24 June
2011
Rural
and Regional Adjustment Regulation 2000Schedule(B)off-farmassets,sothatthenetvalueofoff-farm assets is not more than double
theNewstartAllowanceassetstestforhomeowners (partnered); andNote—For the
application of this provision to applications madeafter
24 September 2007 and before 30 June 2011, seesection
98A.(ii)applied the proceeds to the enterprise
(unless thiswould result in extreme hardship to the
applicant);andNote—Investments in bona fide insurance and
superannuation funds areexempt from the off-farm assets test
mentioned in subparagraph(i)(B).(e)eachloanforwhichtheinterestsubsidyissoughtisgiven—(i)on
commercial terms at arm’s length; and(ii)at an
interest rate that is competitive with the rategenerally
applicable to loans of the same type; and(f)for
the applicant to be eligible to receive a cumulativetotal
of $300000 or more—the enterprise is viable.(4)Indecidingwhethertheprimaryproductionenterpriseisinfinancial difficulty, the
authority—(a)must consider each of the
following—(i)the total amount of interest payable
each year;(ii)the estimated surplus over the medium
term;(iii)the applicant’s
equity in the enterprise in relation totheamountofcurrentandfutureindebtedness,togetherwithbothfarmandoff-farmassetsandincome; and(b)mustdisregardtheapplicant’sabilitytopurchaseadditionalfarmingpropertyduringtheexceptionalcircumstances.Reprint 6B
effective 24 June 2011Page 83
Rural
and Regional Adjustment Regulation 2000Schedule(5)Inassessingthelikelihoodoftheprimaryproductionenterprise being profitable in the long
term, the authority musttake account of each of the
following—(a)the expected future capacity of the
enterprise to operateprofitably (without assistance under
the rural adjustmentscheme)asmeasuredbyitsabilitytomeet,fromestimatedsurpluses,itsfuturefinancialcommitmentsfor each of the
following—(i)its operating costs;(ii)living costs of the farm
family;(iii)servicing of the
enterprise debts;(iv)futurecapitalrequirementsforplantandimprovements;(v)investment requirements to return the
enterprise toprofitability;(b)thelong-termeconomictrendsimpactingontheenterprise;(c)theapplicant’sdemonstratedtechnical,financialandbusiness management performance;(d)the provision of financial support for
the enterprise bylenders during and after the exceptional
circumstances.(5A)Inassessingwhethertheenterpriseisviable,theauthoritymustconsidertheresultsandthecircumstancesofthebusinessassessmentcarriedoutbythesuitablyqualifiedassessor.(6)A primary producer not receiving
assistance in a particular ECperiodmaybeeligibleforassistanceinasubsequentECperiod.(7)In
this section—suitably qualified assessor, to
carry out a business assessmentof an applicant’s
enterprise—(a)generally, means a person who—(i)has financial qualifications that
enable the personto carry out the business assessment;
andPage 84Reprint 6B
effective 24 June 2011
Rural
and Regional Adjustment Regulation 2000Schedule(ii)isamemberofaprofessionalassociationwhosemembers normally provide financial advice;
and(b)for an applicant for whom it is not
reasonably practicalto engage a person mentioned in paragraph
(a) becausethe applicant’s residence is not located
near a populatedarea, means a person who—(i)has experience in financial matters
because of theperson’soccupation,whetherornotthepersonnormallyprovidesorprovidedfinancialadvice;andExamples—accountant, bank manager, tax agent(ii)is a member of a relevant professional
association.96Applications(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 applicationform; and(c)lodged with the authority.(2)Applications must be made not later
than 28 days after the ECperiod for which the assistance is
sought ends.(3)Ifaprimaryproducerhasreceivedaninterestsubsidy(thefirst
subsidy), the primary producer may apply for a
furtherinterest rate subsidy no earlier than 3
months before the periodto which the first subsidy was given
ends.(4)Ifaprimaryproducerhasreceivedaninterestratesubsidy(also thefirst subsidy) in an EC
period, the primary producermay make a
further application for assistance in the EC periodonly
if—(a)theapplicationrelatestodebtincurredinrelationtocarry-on finance provided to the primary
producer afterthe primary producer received the first
subsidy; andReprint 6B effective 24 June 2011Page
85
Rural
and Regional Adjustment Regulation 2000Schedule(b)the application is made on a pro rata
basis taking intoaccount the amount of interest subsidy
already paid totheprimaryproducerintheECperiodandtheproportion of the EC period
remaining.(5)Subsection (3) does not apply to an
application mentioned insubsection (4).97Deciding applicationsThe authority
must consider, and decide to approve or refuseto approve, each
application for assistance.98Terms and
conditions(1)The giving of assistance in aparticularECperioddoesnotguarantee assistance in a subsequent
EC period.(2)Payment of an interest subsidy for a
loan will be made—(a)to the lender on behalf of the primary
producer receivingthe assistance; or(b)directtotheprimaryproducer,aftertheauthorityhassecured agreement from the producer as to
the use of theassistance.(3)Any
subsidies already given by the Commonwealth, or undera
state assistance scheme, on loans or associated costs must
bededucted from the amounts mentioned in
section 93(7).98AApplications made after 24 September
2007 and before 30June 2011(1)Thissectionappliestoanapplicationmadebyaprimaryproducer in an EC area after 24 September
2007 and before 30June 2011.(2)This
part, other than section 96(2), applies to the applicationasifthereferenceinsection95(3)(d)(i)(B)todoubletheNewstartAllowanceassetstestforhomeowners(partnered)were a reference
to $750000.Page 86Reprint 6B
effective 24 June 2011
Rural
and Regional Adjustment Regulation 2000Schedule(3)TheapplicationmustnotbemadeaftertheECperiodforwhich
the assistance is sought ends.Note—This section may result in
applications made in the same EC periodbeing treated
differently depending upon when the application is made.Part
9Natural Disaster Relief—TCLarry
- TC Monica (PrimaryProducers) Scheme99Definitions for pt 9In this
part—applicantmeansapersonapplyingforassistanceunderthescheme.appropriateMinistermeanstheMinisterresponsibleforadministering theDisaster
Management Act 2003.closing day, for
applications, means 31 December 2007.loan and grant
packagemeans assistance consisting of a loanand a
grant out of the amount of the loan.naturaldisasterreliefarrangementsmeansthefundingarrangementsagreedbetweentheCommonwealthandtheStateforprovidingfinancialassistancetocommunitiesaffected by
natural disasters.Editor’s note—At
the commencement of this definition, the funding arrangements
weredescribed in the document called ‘Natural
disaster financial assistancearrangementswithinQueensland2005/2006’,publishedbytheDepartment of
Emergency Services and available on that department’swebsite at
<www.disaster.qld.gov.au>.prescribed
disaster areameans an area thatthe
appropriateMinister has defined for the purpose of
activating the naturaldisaster relief arrangements for the
communities affected byTC Larry, TC Monica and
flooding.Reprint 6B effective 24 June 2011Page
87
Rural
and Regional Adjustment Regulation 2000ScheduleEditor’s note—At
the commencement of this definition, the prescribed disaster
areas,by reference to the areas of stated local
governments, were published onthe authority’s
website at <www.qraa.qld.gov.au>.relevant cyclone
eventmeans—(a)TC
Larry; or(b)TC Monica; or(c)a
combination of TC Larry and TC Monica.schememeans
the scheme set out under this part.TCLarrymeansthecycloneknownasTropicalCycloneLarry
that affected certain communities in north Queenslandin
March 2006.TCMonicameansthecycloneknownasTropicalCycloneMonicathataffectedcertaincommunitiesinnorthQueensland in
April 2006.100Purpose of assistance(1)Thepurposeofassistanceundertheschemeistoassistinmeeting the needs of primary producers
affected by a relevantcyclone event to recover from the
impact of the event.(2)However,assistanceundertheschemeisnotintendedtocompensate primary producers for losses
suffered because ofa relevant cyclone event.101Nature of assistanceThenatureoftheassistancethatmaybegivenunderthescheme is the provision of a loan and grant
package for any ofthe following—(a)restocking;(b)meetingrequirementsforcarryingonproduction,including—(i)re-planting,restoringorre-establishingareasaffected by a relevant cyclone event;
orPage 88Reprint 6B
effective 24 June 2011
Rural
and Regional Adjustment Regulation 2000Schedule(ii)sustenance; or(iii)essential property operations; or(iv)payingrentorrates,orcostsofrepairorreplacement of farm buildings.102Maximum amount of assistance(1)The maximum amount of a loan and grant
package that maybe given to an applicant under the scheme
is—(a)$200000; or(b)iftheauthorityconsiderstheapplicant’spropertyhassustained extreme
damage—$500000.(2)The amount of a grant under a loan and
grant package is thelesser of—(a)25%
of the total amount of the loan and grant package;or(b)$50000.103Eligibility criteria(1)For an applicant to be eligible to
receive assistance under thescheme—(a)the applicant’s property must be in a
prescribed disasterarea; and(b)the
applicant’s application for assistance must relate toloss
or damage suffered as a result of a relevant cycloneevent; and(c)theapplicantmustbeinworkingoccupationoftheapplicant’s property; and(d)the applicant must not own or control
liquid assets thataregreaterinvaluethananamounttheauthorityconsiders would
be reasonably required for prudent riskmanagement;
and(e)the authority must be satisfied
that—Reprint 6B effective 24 June 2011Page
89
Rural
and Regional Adjustment Regulation 2000Schedule(i)theapplicanttookreasonableprecautionstominimise loss or damage from the relevant
cycloneevent; and(ii)theapplicant’sfarmingenterprisewillbeviablewith the
assistance given; and(f)the authority
must receive the applicant’s application forassistance no
later than the closing day.(2)Apubliccompany,whetheractingaloneorwithanothercompany, is not
eligible for assistance under the scheme.104Security(1)Aloanunderaloanandgrantpackagegivenunderthescheme must be secured to the
satisfaction of the authority.(2)The
security required by the authority may be, or include—(a)a mortgage of land or other assets,
commensurate withthe amount of the loan; or(b)a priority serving document,
including, for example, acrop lien or stock mortgage.105Terms of repayment(1)Subject to subsection (6), the maximum term
of a loan under aloanandgrantpackagegiventoanapplicantunderthescheme is 9 years.(2)For
the first 2 years of the loan—(a)no
repayments of the principal are payable; and(b)no
interest on the loan will be charged.(3)Repayments of the principal and interest are
calculated fromthe start of the third year of the
loan.(4)The initial annual interest rate for
the loan is 4%.(5)From the fourth year of the
loan—Page 90Reprint 6B
effective 24 June 2011
Rural
and Regional Adjustment Regulation 2000Schedule(a)theauthoritymayreviewtheapplicant’sfinancialsituation annually to decide whether or not
to increasethe interest rate; and(b)iftheauthorityconsiderstheapplicant’sfinancialsituation has improved, the authority may
increase theinterest rate up to a commercial rate of
interest.(6)The term of the loan may be increased
to not more than 10years if—(a)the
loan has been operative for at least 4 years; and(b)theauthorityconsiderstheincreaseinthetermoftheloan is appropriate in the
circumstances.106Applications(1)An
application for assistance under the scheme must be—(a)made on the authority’s application
form; and(b)accompaniedbythedocumentationstatedontheapplication
form.(2)An applicant must give the completed
application form—(a)to a commercial lender for referral to
the authority; or(b)directly to the authority.(3)Applications for assistance under the
scheme must be receivedby the authority no later than the
closing day.Part 10Natural Disaster
Relief—TCLarry - TC Monica (SmallBusiness)
Scheme107Definitions for pt 10In
this part—Reprint 6B effective 24 June 2011Page
91
Rural
and Regional Adjustment Regulation 2000Scheduleapplicantmeansapersonapplyingforassistanceunderthescheme.closing
day, for applications, means 31 December
2006.loan and grant packagemeans assistance
consisting of a loanand a grant out of the amount of the
loan.relevant cyclone eventmeans—(a)TC Larry; or(b)TC
Monica; or(c)a combination of TC Larry and TC
Monica.schememeans the scheme
set out under this part.TCLarrymeansthecycloneknownasTropicalCycloneLarry
that affected certain communities in north Queenslandin
March 2006.TCMonicameansthecycloneknownasTropicalCycloneMonicathataffectedcertaincommunitiesinnorthQueensland in
April 2006.108Purpose of assistance(1)Thepurposeofassistanceundertheschemeistoprovideassistance to
owners of small businesses—(a)whosebuildings,plantandequipmentorstockhavebeen
significantly damaged by a relevant cyclone event;and(b)who have sound
prospects of long-term viability.(2)However,assistanceundertheschemeisnotintendedtocompensate business owners for losses
suffered as a result of arelevant cyclone event.109Nature of assistanceThenatureoftheassistancethatmaybegivenunderthescheme, for a business, is the provision of
a loan and grantpackageforre-establishingtheviableoperationofthebusiness,
including by doing any of the following—Page 92Reprint 6B effective 24 June
2011
Rural
and Regional Adjustment Regulation 2000Schedule(a)repairing or replacing buildings or
plant and equipment;(b)supplying stock for up to 1 month to
replace lost stockand maintain liquidity of the
business;(c)meeting other requirements for
carrying on the business.110Maximum amount of
assistance(1)The amount of a loan and grant package
that may be given toan applicant under the scheme—(a)mustbebasedontheauthority’sassessmentoftheapplicant’sfinancialposition,includinganyamountrecoveredbytheapplicantunderaninsurancepolicy;and(b)must not be more
than the amount of the net loss to theapplicant’sbusinessasaresultofarelevantcycloneevent.(2)Subject to subsection (1), the maximum
amount of a loan andgrantpackagethatmaybegiventoanapplicantunderthescheme is—(a)$200000; or(b)iftheauthorityconsiderstheapplicant’sbusinessproperty has sustained extreme
damage—$500000.(3)The amount of a grant under a loan and
grant package is thelesser of—(a)25%
of the total amount of the loan and grant package;or(b)$50000.111Eligibility criteria(1)For an applicant to be eligible to
receive assistance under thescheme—(a)theapplicantmustbeasoleowner,partnershiporproprietary company; andReprint 6B
effective 24 June 2011Page 93
Rural
and Regional Adjustment Regulation 2000Schedule(b)theauthoritymustbesatisfiedtheliquidityoftheapplicant’s business has been severely
affected becauseof either or both of the following—(i)thecostofessentialrepairsorreplacementofdamage to buildings, plant, equipment or
stock as aresult of a relevant cyclone event;(ii)areductioninthebusiness’scashflowthatisotherwisedirectlyrelatedtoarelevantcycloneevent; and(c)the
applicant must not own or control liquid assets thataregreaterinvaluethananamounttheauthorityconsiders would
be reasonably required for prudent riskmanagement;
and(d)the authority must be satisfied
that—(i)theapplicantcannotrepairorreplacedamagedassetsorreturntoviableoperationsfromtheapplicant’s own
resources without assistance underthe scheme;
and(ii)with assistance under the scheme, the
applicant hasreasonableprospectsofre-establishingtheapplicant’s business on a viable basis;
and(e)theauthorityreceivestheapplicant’sapplicationforassistance no later than the closing
day.(2)Apubliccompany,whetheractingaloneorwithanothercompany, is not eligible for assistance
under the scheme.112SecurityAloanunderaloanandgrantpackagegivenunderthescheme must be secured to the satisfaction
of the authority.113Terms of repayment(1)Subject to subsection (6), the maximum term
of a loan under aloanandgrantpackagegiventoanapplicantunderthescheme is 9 years.Page 94Reprint 6B effective 24 June
2011
Rural
and Regional Adjustment Regulation 2000Schedule(2)For the first 2 years of the
loan—(a)no repayments of the principal are
payable; and(b)no interest on the loan will be
charged.(3)Repayments of the principal and
interest are calculated fromthe start of the
third year of the loan.(4)The initial
annual interest rate for the loan is 4%.(5)From
the fourth year of the loan—(a)theauthoritymayreviewtheapplicant’sfinancialsituation annually to decide whether or not
to increasethe interest rate; and(b)iftheauthorityconsiderstheapplicant’sfinancialsituation has improved, the authority may
increase theinterest rate up to a commercial rate of
interest.(6)The term of the loan may be increased
to not more than 10years if—(a)the
loan has been operative for at least 4 years; and(b)theauthorityconsiderstheincreaseinthetermoftheloan is appropriate in the
circumstances.114Applications(1)An
application for assistance under the scheme must be—(a)made on the authority’s application
form; and(b)accompaniedbythedocumentationstatedontheapplication
form.(2)An applicant must give the completed
application form—(a)to a commercial lender for referral to
the authority; or(b)directly to the authority.(3)Applications for assistance under the
scheme must be receivedby the authority no later than the
closing day.Reprint 6B effective 24 June 2011Page
95
Rural
and Regional Adjustment Regulation 2000SchedulePart
11Natural Disaster Relief (PrimaryProducers) SchemeDivision 1Preliminary115Definitions for pt 11In this
part—applicantmeansapersonapplyingforfinancialassistanceunder
the scheme.applicationmeansanapplicationforfinancialassistanceunder
the scheme.appropriateMinistermeanstheMinisterresponsibleforadministering theDisaster
Management Act 2003.carry-on requirementssee
section 119(b).defined disaster area, for an eligible
natural disaster, meansanareathattheappropriateMinisterhasdefinedforthepurpose of activating the natural
disaster relief and recoveryarrangements for
the communities affected by the disaster.Editor’s
note—At the commencement of this
definition, defined disaster areas werepublished on the
authority’s website at <www.qraa.qld.gov.au>.developmentsee theSustainable Planning Act 2009,
section7.eligible natural disastersee
section 116.IDSP certificate, in relation to
an applicant’s property, meansa
certificate—(a)issued by the chief executive;
and(b)statingthat,inthechiefexecutive’sopinion,theapplicant has suffered loss or damage
from an eligiblenaturaldisasterthathassignificantlyaffected,orwillsignificantlyaffect,thefarmingenterpriseontheproperty.Page
96Reprint 6B effective 24 June
2011
Rural
and Regional Adjustment Regulation 2000Scheduleindividual disaster stricken propertysee
section 117.natural disaster relief and recovery
arrangementsmeans thefundingarrangementsagreedbetweentheCommonwealthandtheStateforprovidingfinancialassistancetocommunities affected by natural
disasters.Editor’s note—At
the commencement of this definition, the funding arrangements
weredescribed in the document called ‘Natural
disaster financial assistancearrangementswithinQueensland2005/2006’,publishedbytheDepartment of
Emergency Services and available on that department’swebsite at
<www.disaster.qld.gov.au>.property,ofanapplicant,meansthepropertyinrelationtowhichtheapplicanthasappliedforassistanceunderthescheme.schememeans
the scheme set out in this part.116Meaning ofeligible natural
disaster(1)Aneligiblenaturaldisastermeansanyofthefollowingevents—(a)a
bushfire;(b)a cyclone;(c)a
flood;(d)an earthquake;(e)astorm,includinganyof,oranycombinationof,thefollowing—(i)hail;(ii)rain;(iii)wind;(f)a
storm surge;(g)a landslide caused by an event
mentioned in paragraphs(a) to (f).Reprint 6B
effective 24 June 2011Page 97
Rural
and Regional Adjustment Regulation 2000Schedule(2)However,aneligiblenaturaldisasterdoesnotincludeaneventundersubsection(1),iftheauthorityconsidersthatdevelopment has significantly contributed to
the event.117Meaning ofindividual
disaster stricken propertyA property is anindividual
disaster stricken propertyif—(a)thefarmingenterpriseoperatedonthepropertyhasbeen,
or will be, significantly affected by loss or damagefrom
an eligible natural 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 andthe property is not in the area.118Purpose of assistance(1)Thepurposeofassistanceundertheschemeistoassistinmeetingtheneedsofprimaryproducersaffectedbyaneligible natural disaster of
substantial magnitude, to recoverfrom the
disaster.(2)However, assistance under the scheme
is not intended to—(a)compensate primary producers for
losses suffered; or(b)encourageprimaryproducersinmarginalproductionareas
to increase risks in their farming operations.Division 2Natural disaster relief assistance119Nature of assistanceThenatureoftheassistancethatmaybegivenunderthescheme is the provision of loans for—(a)restocking; or(b)meetingrequirementsforcarryingonproduction(carry-on requirements),
including—Page 98Reprint 6B
effective 24 June 2011
Rural
and Regional Adjustment Regulation 2000Schedule(i)re-planting,restoringorre-establishingareasaffected by an eligible natural disaster;
or(ii)sustenance; or(iii)essential property operations; or(iv)payingrentorrates,orcostsofrepairorreplacement of farm buildings.120Maximum loan amounts(1)Subjecttosubsection(2),themaximumamountofaloanunder
the scheme for an eligible natural disaster for which thenaturaldisasterreliefandrecoveryarrangementswereactivated before 13 January 2008 is—(a)$100000 for restocking; or(b)$100000 for meeting carry-on
requirements.(2)The total amount lent to an applicant
under the scheme for aneligible natural disaster mentioned in
subsection (1) must notbe more than $150000.(3)The total amount lent to an applicant
under the scheme for any1 eligible natural disaster for which
the natural disaster reliefandrecoveryarrangementswereactivatedonorafter13January 2008 must not be more than
$250000.121Eligibility criteria(1)For an applicant to be eligible to
receive assistance under thescheme for an
eligible natural disaster—(a)either—(i)theapplicant’spropertymustbeinadefineddisaster area for
the disaster; or(ii)theauthoritymustbesatisfiedthepropertyisanindividual disaster stricken property
as a result ofthe disaster; and(b)iftheapplicant’spropertyisnotinadefineddisasterarea
for the disaster—Reprint 6B effective 24 June 2011Page
99
Rural
and Regional Adjustment Regulation 2000Schedule(i)theapplicantmustgivetheauthorityanIDSPcertificate for the property;
or(ii)theauthoritymustbesatisfiedthattheapplicanthasmadereasonableeffortstoobtainanIDSPcertificate; and(c)the
authority must be satisfied that—(i)theapplicantisinworkingoccupationoftheapplicant’s
property; and(ii)theapplicanthastakenreasonableprecautionstoavoidorminimiselossordamagefromthedisaster; andExample for
subparagraph (ii)—Theapplicanthasadequateinsuranceagainstlossordamage from the disaster.(iii)the applicant has
used all of the applicant’s liquidassets and all
normal credit sources up to normalcredit limits;
and(iv)theapplicant’spropertywillbeviablewiththeassistance given;
and(v)theapplicanthasnottakenexcessiverisksinperforming the applicant’s farming
operations.(2)Fordecidingwhetherornotapropertyisanindividualdisasteraffectedpropertyundersubsection(1)(a)(ii),theauthority must have regard to—(a)the IDSP certificate, if any, issued
for the property; or(b)ifthechiefexecutivehasrefusedtoissueanIDSPcertificate for the property—the
reasons for the refusal.122Interest
rates(1)If an applicant’s property is in a
defined disaster area for thedisastertowhichtheapplicant’sapplicationrelates,theapplicantmaybegivenaloanundertheschemeataconcessional interest rate decided by
the authority.Page 100Reprint 6B
effective 24 June 2011
Rural
and Regional Adjustment Regulation 2000Schedule(2)Subjecttosubsection(3),ifanapplicant’spropertyisanindividual
disaster stricken property, the applicant may onlybegivenaloanundertheschemeatacurrentcommerciallending rate.(3)An
applicant under subsection (2) may be given a loan at aconcessional interest rate if the authority
considers—(a)the applicant’s financial position is
desperate but viable;and(b)the
applicant’s circumstances are exceptional.Editor’s
note—At the commencement of this section,
the concessional interest rate for aloan under the
scheme was 4% a year.123Security(1)Ifanapplicantisgrantedaloanunderthescheme,theapplicant must give security for the
loan.(2)The security required is—(a)a mortgage of land or other assets,
commensurate withthe amount of the loan; and(b)other security, if any, the authority
considers necessary,including, for example, a crop lien or stock
mortgage.124Terms of repayment(1)Subject to subsection (5), the maximum term
of a loan underthe scheme is 7 years.(2)The
amount payable under the loan is subject to any changesin
the interest rate decided by the authority under subsection(3).(3)The authority
may—(a)reviewanapplicant’sfinancialsituationannuallytodecidewhetherornottoincreasetheinterestratecharged for the loan; andReprint 6B effective 24 June 2011Page
101
Rural
and Regional Adjustment Regulation 2000Schedule(b)iftheauthorityconsiderstheapplicant’sfinancialsituation has improved—increase the interest
rate up toa commercial rate of interest.(4)Theauthoritymayallowdeferralofrepaymentsoftheprincipal under the loan for up to 2
years if the principal andinterest 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 yearsif—(a)the loan has been operative for at
least 4 years; and(b)theauthorityconsiderstheincreaseinthetermoftheloan is appropriate in the
circumstances.125Review by authorityAssistance given to a primary producer under
the scheme issubject to an annual review by the
authority.126Application(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)ifanIDSPcertificatehasbeenissuedforthepropertytowhichtheapplicationrelates—theIDSP
certificate.(2)An applicant must give the completed
application form to theauthority or the applicant’s
commercial lender for referral tothe
authority.126AProvision about particular
applications(1)This section applies in relation to an
application for assistanceunder the scheme—Page 102Reprint 6B effective 24 June
2011
Rural
and Regional Adjustment Regulation 2000Schedule(a)thatisforaneligiblenaturaldisasterforwhichthenatural disaster relief and recovery
arrangements wereactivated on or after 13 January 2008;
and(b)that was made before the commencement;
and(c)even if the application has been
decided by the authoritybefore the commencement.(2)Despite section 120 as in force before
the commencement, thetotal amount lent to the applicant
under the scheme in relationto the eligible
natural disaster must not be more than $250000.(3)If
the application has been decided by the authority before thecommencement, the applicant may make a
further applicationforassistanceundertheschemeinrelationtotheeligiblenatural
disaster.(4)In this section—commencementmeans the day
this section commences.Part 12Natural Disaster
Relief (SmallBusiness) Scheme127Definitions for pt 12In this
part—applicantmeansapersonapplyingforfinancialassistanceunder
the scheme.developmentsee theSustainable Planning Act 2009,
section7.eligible natural disastersee
section 128.natural disaster relief and recovery
arrangementsmeans thefundingarrangementsagreedbetweentheCommonwealthandtheStateforprovidingfinancialassistancetocommunities affected by natural
disasters.Reprint 6B effective 24 June 2011Page
103
Rural
and Regional Adjustment Regulation 2000ScheduleEditor’s note—At
the commencement of this definition, the funding arrangements
weredescribed in the document called ‘Natural
disaster relief and recoveryarrangements—Communityrecoverypackageguidelines2007’published by the
Commonwealth Attorney-General’s Department andavailable on that
department’s website at <www.ema.gov.au>.schememeans
the scheme set out in this part.128Meaning ofeligible natural
disaster(1)Aneligiblenaturaldisastermeansanyofthefollowingevents—(a)a
bushfire;(b)a cyclone;(c)a
flood;(d)an earthquake;(e)astorm,includinganyof,oranycombinationof,thefollowing—(i)hail;(ii)rain;(iii)wind;(f)a
storm surge;(g)a landslide caused by an event
mentioned in paragraphs(a) to (f).(2)However,aneligiblenaturaldisasterdoesnotincludeaneventundersubsection(1),iftheauthorityconsidersthatdevelopment has significantly contributed to
the event.129Purpose of assistance(1)Thepurposeofassistanceundertheschemeistoprovideconcessional
loans to owners of small businesses—(a)whosebuildings,plantandequipmentorstockhavebeensignificantlydamagedbyaneligiblenaturaldisaster;
andPage 104Reprint 6B
effective 24 June 2011
Rural
and Regional Adjustment Regulation 2000Schedule(b)whoareunabletoobtainfinanceonordinarycommercialtermsbuthavesoundprospectsoflong-term viability.(2)However,assistanceundertheschemeisnotintendedtocompensate business owners for losses
suffered.130Nature of assistanceThe
nature of the assistance under the scheme for a business istheprovisionofconcessionalloansforre-establishingtheviable operation of the business, including
by doing any of thefollowing—(a)repairing or replacing damaged plant and
equipment;(b)repairing or replacing
buildings;(c)supplying stock for up to 1 month to
replace lost stockand maintain liquidity of the
business.131Maximum loan amounts(1)Theamountofloanassistanceforanapplicantunderthescheme—(a)is
based on the authority’s assessment of the applicant’sfinancialposition,includinganyamountrecoveredbythe applicant under an insurance
policy; and(b)must not be more than the amount of
the net loss to theapplicant’sbusinesscausedbytheeligiblenaturaldisaster to which the applicant’s
application relates.(2)Subject to subsection (1)(b), the
amount of loan assistance foran applicant
under the scheme for an eligible natural disasterforwhichthenaturaldisasterreliefandrecoveryarrangements were
activated before 13 January 2008 must notbe more
than—(a)$100000; or(b)if
there is more than 1 loan given to the applicant underthe
scheme—a cumulative total of $150000.Reprint 6B
effective 24 June 2011Page 105
Rural
and Regional Adjustment Regulation 2000Schedule(3)Subjecttosubsection(1)(b),thetotalamountlenttoanapplicant under the scheme for any 1
eligible natural disasterforwhichthenaturaldisasterreliefandrecoveryarrangements were
activated on or after 13 January 2008 mustnot be more than
$250000.132Eligibility criteria(1)For an applicant to be eligible to
receive assistance under thescheme—(a)theapplicantmustbeasoleowner,partnershiporproprietary company; and(b)the
authority must be satisfied that—(i)the
applicant has sustained substantial damage tobuildings, plant,
equipment or stock as a result ofan eligible
natural disaster; and(ii)theapplicanthastakenreasonableprecautionstoavoidorminimiselossordamagefromthedisaster; andExample for
subparagraph (ii)—Theapplicanthasadequateinsuranceagainstlossordamage from the disaster.(iii)the applicant is
responsible for the cost of essentialrepairs or
replacement of the damaged assets andas a result has
had liquidity severely affected; and(iv)the
applicant can not repair or replace the damagedassets,orreturntoviableoperationsfromtheapplicant’s own
resources without assistance underthe scheme;
and(v)the applicant has used all liquid
assets and normalcredit sources up to normal credit limits;
and(vi)with the assistance under the scheme,
the applicanthasreasonableprospectsofre-establishingtheapplicant’s business on a viable
basis.(2)Apubliccompany,whetheractingaloneorwithanothercompany, is not eligible for assistance
under the scheme.Page 106Reprint 6B
effective 24 June 2011
Rural
and Regional Adjustment Regulation 2000Schedule133SecurityA loan under the
scheme must be secured to the satisfaction ofthe
authority.134Terms of repayment(1)Subject to subsection (6), the maximum term
of a loan to anapplicant 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 principaland interest on
the full term of the loan.Editor’s note—At
the commencement of this section, the initial interest rate for a
loanunder the scheme was 4% a year.(3)The amount payable under the loan is
subject to any changesin the interest rate decided by the
authority under subsection(4).(4)The
authority may—(a)reviewanapplicant’sfinancialsituationannuallytodecidewhetherornottoincreasetheinterestratecharged for the loan; and(b)iftheauthorityconsiderstheapplicant’sfinancialsituation has improved—increase the interest
rate up toa commercial rate of interest.(5)Theauthoritymayallowdeferralofrepaymentsoftheprincipal under the loan for up to 2
years, if the principal andinterest are repaid over the balance
of the approved term of theloan.(6)The
term of the loan may be increased to not more than 10years
if—(a)the loan has been operative for at
least 4 years; and(b)theauthorityconsiderstheincreaseinthetermoftheloan is appropriate in the
circumstances.Reprint 6B effective 24 June 2011Page
107
Rural
and Regional Adjustment Regulation 2000Schedule135ApplicationAn application
for assistance under the scheme must be—(a)made
on the authority’s application form; and(b)giventotheauthorityortotheapplicant’slenderforreferral to the authority.135AProvision about particular
applications(1)This section applies in relation to an
application for assistanceunder the scheme—(a)thatisforaneligiblenaturaldisasterforwhichthenatural disaster relief and recovery
arrangements wereactivated on or after 13 January 2008;
and(b)that was made before the commencement;
and(c)even if the application has been
decided by the authoritybefore the commencement.(2)Despite section 131 as in force before
the commencement, thetotal amount lent to the applicant
under the scheme in relationto the eligible
natural disaster must not be more than $250000.(3)If
the application has been decided by the authority before thecommencement, the applicant may make a
further applicationforassistanceundertheschemeinrelationtotheeligiblenatural
disaster.(4)In this section—commencementmeans the day
this section commences.Page 108Reprint 6B
effective 24 June 2011
Part
13Rural and Regional Adjustment Regulation
2000ScheduleVegetation
Management(Enterprise Assistance)SchemeDivision 1Preliminary136Definitions for pt 13In this
part—affectedareacertificate,foranareaofland,meansacertificate—(a)issued by the appropriate chief executive;
and(b)stating that the area of land is, in
the chief executive’sopinion, an affected area of
land.affected area of landsee section
137.appropriate chief executivemeans
the chief executive of thedepartmentinwhichtheVegetationManagementActisadministered.broadscale
applicationsee the Vegetation Management Act,schedule.broadscaleclearing,forvegetation,meansclearingvegetationunderadevelopmentapprovalforabroadscaleapplication.clearsee
the Vegetation Management Act, schedule.developmentapprovalseetheVegetationManagementAct,schedule.eligiblefarmentitymeansafarmentitythatiseligibletoreceive assistance under the scheme.enterprise management plansee
section 138.exit assistance schememeans the scheme
set out in part 14.farmentitymeansanindividual,apartnership,oraproprietary company, solely or mainly
engaged in a farmingbusiness.Reprint 6B
effective 24 June 2011Page 109
Rural
and Regional Adjustment Regulation 2000Schedulefarmingbusinessmeansabusinessthatinvolvesprimaryproduction,including,forexample,theagricultural,apicultural,
aquacultural, horticultural or pastoral industries.member, of a person’s
family, means any of the following—(a)the
person’s spouse or same-sex partner;(b)a
parent of the person or the person’s spouse;(c)a
grandparent of the person or the person’s spouse;(d)a brother, sister, nephew or niece of
the person or theperson’s spouse;(e)a
child, stepchild or grandchild of the person;(f)the
spouse of anyone mentioned in paragraph (d) or (e).old
vegetation management legislationmeans the laws of
theState applying to the clearing of vegetation
as in force before21 May 2004.Editor’s
note—TherelevantprovisionsoftheVegetationManagementandOtherLegislation
Amendment Act 2004commenced on 21 May 2004.relevantfamilytransfer,ofanaffectedareaoflandorarelevant interest
in an affected area of land, means a transferofthelandorinteresttowhicheachofthefollowingapplies—(a)thetransferorheldthelandorinterestimmediatelybefore 22 May
2003;(b)the transferee was a member of the
transferor’s family;(c)the transfer was not on commercial
terms.relevant interest, in an affected
area of land, means—(a)a leasehold interest in the land;
or(b)a right under a share farming
agreement in relation tothe land.schememeans
the scheme set out in this part.vegetationsee the
Vegetation Management Act, schedule.Page 110Reprint 6B effective 24 June
2011
Rural
and Regional Adjustment Regulation 2000ScheduleVegetationManagementActmeanstheVegetationManagement Act
1999.137Meaning ofaffected area of land(1)An
area of land is anaffected area of landif—(a)the area contains vegetation that
could have been clearedunder the old vegetation management
legislation; and(b)developmentapprovalhasnotbeenobtainedandwillnot be able to be obtained for a
broadscale applicationfor clearing the vegetation.(2)A reference to anaffected area of
landincludes a reference toa parcel of land
in which the affected area of land is situated.138Meaning ofenterprise
management planAnenterprisemanagementplanforafarmentitymeansaplan that—(a)shows
an area of land, owned by the farm entity or inwhich the entity
has a relevant interest, as an affectedarea of land;
and(b)includes the following—(i)aprojectforimprovingtheproductivity,sustainability
and viability of the farm entity;(ii)a‘wholeofproperty’approachtothefuturedevelopmentofthefarmentityincludingasustainable approach to resource
management;(iii)strategiesforimprovedmanagementofthefarmentity;(iv)a
plan for action.139Purpose of assistanceThepurposeofassistanceundertheschemeistoallowaneligible farm entity that owns or has a
relevant interest in anaffected area of land to adjust its
operations if—Reprint 6B effective 24 June 2011Page
111
Rural
and Regional Adjustment Regulation 2000Schedule(a)theinabilitytocarryoutbroadscaleclearingofvegetationintheaffectedareaoflandisdirectlyresponsibleforimposingasignificantimpactonthepotential
viability of the entity’s farming business; and(b)withtheassistanceprovidedunderthescheme,theentitycanachievelong-termeconomicviabilityandsustainableresourceuseinoperatingitsfarmingbusiness.Division 2Enterprise
assistance140Nature of assistanceThe
nature of the assistance under the scheme is the provisionof a
grant to an eligible farm entity for undertaking a projecttoimproveproductivity,sustainabilityandviabilityofthefarmentity’sfarmingbusiness,including,forexample,bydoing
any of the following—(a)introducing new
farming systems or technology;(b)developingthefarmingbusinessforimprovedproductivity,including,forexample,bypurchasingland;(c)performing value adding activities
directly related to theactivities of the farm entity;(d)buying livestock or other inputs to
primary productionrelated to the project;(e)enhancingthesustainableuseofresourcesassociatedwith
developing or consolidating the farming business;(f)usingdebtrestructuringorcapitalrestructuringwhiletakingnewactiontoimprovetheproductivityandviability of the farming business;(g)restructuringthefarmentity,includingpartnershiprestructuringandsuccessionplanning,leadingtoimproved productivity and long-term
viability.Page 112Reprint 6B
effective 24 June 2011
Rural
and Regional Adjustment Regulation 2000Schedule141Eligibility criteria(1)For a farm entity to be eligible to
receive assistance under thescheme, the
authority must be satisfied that—(a)thefarmentityowns,orhasarelevantinterestin,anarea of land that is an affected area
of land; and(b)the area of land is shown as an
affected area of land inthe farm entity’s enterprise
management plan; and(c)an affected area certificate has been
issued for the areaof land or the farm entity has made
reasonable efforts toobtain an affected area certificate
for the area of land;and(d)either—(i)the
farm entity acquired, or entered into a contractto
acquire or use, the affected area of land or therelevant interest in the affected area of
land before22 May 2003; or(ii)the
affected area of land or the relevant interest wastransferred to the farm entity on or after
22 May2003andthetransferwasarelevantfamilytransfer; and(e)theprojectundertheenterprisemanagementplanforwhichassistanceissoughtunderthescheme(therelevantproject)isconsistentwiththeobjectivesandpurpose of the scheme; and(f)having regard to the enterprise
management plan, eachof the following applies—(i)carryingoutbroadscaleclearingofvegetationintheaffectedareaoflandwouldbenecessarytoachieve or maintain sustainable long-term
viabilityof the farm entity;(ii)therelevantprojectwillsubstituteforbroadscaleclearing in the
affected area of land by achieving ormaintaining
long-term viability of the farm entity;Reprint 6B
effective 24 June 2011Page 113
Rural
and Regional Adjustment Regulation 2000Schedule(iii)theactionproposedundertheplanisconsistentwithmanagingvegetationinawaythatachievesthe purposes of
the Vegetation Management Act;(iv)thefarmentityhasthecapacitytobecomefinancially
independent of the assistance under thescheme within a
reasonable period; and(g)the farm entity
can achieve long-term viability with theassistanceprovidedunderthescheme,takingintoaccount the viability factors;
and(h)theassistancegivenundertheschemeislikelytocontribute to, or facilitate, improvements
in the viabilityof the farm entity by—(i)reducingtheaveragecostsofoperatingthefarmentity’s farming business; or(ii)providing a sustainable increase in
the value of theproduction of the farming business;
and(i)the person operating the farm entity’s
farming business,under normal circumstances—(i)is responsible for contributing the
majority of theperson’s labour to the farming business;
and(ii)generates,orhasthepotentialtogenerate,themajority of the person’s income from the
farmingbusiness.(2)For
deciding whether or not an area of land is an affected areaof
land under subsection (1)(a), the authority must have regardto—(a)the affected area
certificate, if any, issued for the area ofland; or(b)if the appropriate chief executive has
refused to issue anaffected area certificate for the area of
land—the reasonsfor the refusal.(3)A
farm entity is not eligible to receive assistance under theschemeifthefarmentityiseligiblefor,orhasreceived,assistance under the exit assistance
scheme.Page 114Reprint 6B
effective 24 June 2011
Rural
and Regional Adjustment Regulation 2000Schedule(4)Also, a farm entity is not eligible to
receive assistance underthe scheme in relation to an affected
area of land if assistanceunder the scheme has been given to
another farm entity thatowns or has a relevant interest in the
affected area of land.(5)In this
section—viability factors, in relation to
a farm entity, mean each of thefollowing—(a)thepreviousandexpectedviabilityofthefarmentitymeasured by its
ability to meet the following financialcommitments—(i)operatingcostsofthefarmentity’sfarmingbusiness;(ii)livingcostsofthepersonoperatingthefarmingbusiness;(iii)investment in
sustainable farming systems;(iv)allowancefordepreciationofcapitalandfuturecapital
requirements;(v)servicing and repayment of debt of the
farm entity;(b)the sustainable productive capacity of
the farm entity’sfarming business;(c)the
long-term economic trends that impact on the farmentity;(d)the
provision by lenders of financial support for the farmentity;(e)thedemonstratedtechnical,financialandbusinessmanagementperformanceofthepersonoperatingthefarm entity’s farming business.142Amount and payment of
assistance(1)Theamountoffinancialassistancegiventoafarmentityundertheschememustbedecidedineachcasebytheauthority.(2)The
maximum amount of assistance available for a farm entityunder
the scheme is $100000.Reprint 6B effective 24 June
2011Page 115
Rural
and Regional Adjustment Regulation 2000Schedule(3)The assistance may be paid as a lump
sum or by instalments.(4)If the assistance
is paid by instalments—(a)the first payment
may be made when the assistance isapproved;
and(b)later payments may be made after the
authority receivesevidence of certain work being completed
within certainperiods, as agreed between the authority and
the farmentity.143Terms(1)Assistance for a farm entity under the
scheme must be usedonlyforaprojectunderthefarmentity’senterprisemanagement plan
that has been approved by the authority.(2)Assistance under the scheme is subject to an
annual review bythe authority.(3)A
farm entity receiving assistance under the scheme must signa
letter of intent, in a form approved by the authority,
statingthe conditions of the assistance.(4)Afarmentitymaycontinuetoreceiveassistanceunderthescheme only if the farm entity continues to
comply with theconditions of the assistance and be
viable.(5)A project for which assistance is
given under the scheme mustbe completed within 3 years after the
authority approves theassistance.(6)Allpaymentsundertheschememustbemadeby30September 2010.144Applications(1)Anapplicationbyafarmentityforassistanceunderthescheme (anassistance
application) must be—(a)made
on the authority’s application form; and(b)accompanied by—Page 116Reprint 6B effective 24 June
2011
Rural
and Regional Adjustment Regulation 2000Schedule(i)the documents mentioned in the
application form;and(ii)the farm entity’s
enterprise management plan; and(iii)theaffectedareacertificatefortheareaoflandshownintheenterprisemanagementplan,ifanaffected area certificate has been
issued.(2)The farm entity must give the
completed application form totheauthorityorthefarmentity’scommerciallenderforreferral to the authority.(3)Subsection (4) applies if—(a)abroadscaleapplicationhasbeenmadeforclearingvegetationintheaffectedareaoflandtowhichtheassistance application relates; and(b)the broadscale application has not
been decided.(4)The farm entity must inform the
authority of the broadscaleapplicationandtheauthoritymustnotassesstheassistanceapplication until
the broadscale application has been decided.(5)Allapplicationsforassistanceundertheschememustbereceived by the authority on or before
21 February 2007.Part 14Vegetation
Management (ExitAssistance) SchemeDivision 1Preliminary145Definitions for pt 14In this
part—affected area of landsee section
146.broadscale applicationsee the
Vegetation Management Act,schedule.Reprint 6B
effective 24 June 2011Page 117
Rural
and Regional Adjustment Regulation 2000Schedulebroadscaleclearing,forvegetation,meansclearingvegetationunderadevelopmentapprovalforabroadscaleapplication.clearsee
the Vegetation Management Act, schedule.developmentapprovalseetheVegetationManagementAct,schedule.eligiblefarmentitymeansafarmentitythatiseligibletoreceive assistance under the scheme.enterpriseassistanceschememeanstheschemesetoutinpart 13.farmentitymeansanindividual,apartnership,oraproprietary company, solely or mainly
engaged in a farmingbusiness.farmingbusinessmeansabusinessthatinvolvesprimaryproduction,including,forexample,theagricultural,apicultural,
aquacultural, horticultural or pastoral industries.member, of a person’s
family, means any of the following—(a)the
person’s spouse;(b)a parent of the person or the person’s
spouse;(c)a grandparent of the person or the
person’s spouse;(d)a brother, sister, nephew or niece of
the person or theperson’s spouse;(e)a
child, stepchild or grandchild of the person;(f)the
spouse of anyone mentioned in paragraph (d) or (e).old
vegetation management legislationmeans the laws of
theState applying to the clearing of vegetation
as in force before21 May 2004.Editor’s
note—TherelevantprovisionsoftheVegetationManagementandOtherLegislation
Amendment Act 2004commenced on 21 May 2004.prescribed buyermeans—(a)the State; orPage 118Reprint 6B effective 24 June
2011
Rural
and Regional Adjustment Regulation 2000Schedule(b)the trustee of the Queensland Trust
for Nature.relevant family transfer, of an affected
area of land, means atransfer of the land to which each of
the following applies—(a)the transferor
held the land immediately before 22 May2003;(b)the transferee was a member of the
transferor’s family;(c)the transfer was not on commercial
terms.schememeans the scheme
set out in this part.vegetationsee the
Vegetation Management Act, schedule.VegetationManagementActmeanstheVegetationManagement Act
1999.146Meaning ofaffected area of land(1)An
area of land is anaffected area of landif—(a)the area contains vegetation that
could have been clearedunder the old vegetation management
legislation; and(b)developmentapprovalhasnotbeenobtainedandwillnot be able to be obtained for a
broadscale applicationfor clearing the vegetation.(2)A reference to anaffected area of
landincludes a reference toa parcel of land
in which the affected area of land is situated.147Purpose of assistanceThepurposeofassistanceundertheschemeistohelpaneligible farm entity that owns an affected
area of land if—(a)the entity is without prospects of
sustainable long-termviability because of the inability to
carry out broadscaleclearing of vegetation in the affected area
of land; and(b)theentityhasdecidedtoadjustoutofprimaryproduction or
relocate the entity’s farming business.Reprint 6B
effective 24 June 2011Page 119
Rural
and Regional Adjustment Regulation 2000ScheduleDivision 2Exit
assistance148Nature of assistanceThe
nature of assistance that may be given under the schemeis a
single payment to the owner of an affected area of land forthe
transfer of the title to the land to a prescribed buyer.149Eligibility criteria(1)For a farm entity to be eligible to
receive assistance under thescheme, the
authority must be satisfied that—(a)the
farm entity owns an affected area of land; and(b)either—(i)the
farm entity acquired, or entered into a contractto
acquire, the affected area of land, before 22 May2003;
or(ii)theaffectedareaoflandwastransferredtothefarmentityonorafter22May2003andthetransfer was a
relevant family transfer; and(c)as a
direct result of the inability to carry out broadscaleclearing of vegetation in the affected area
of land, thefarmentitycannotachieve,ordoesnothavethepotentialtoachieve,sustainablelong-termviability,taking into
account the viability factors; and(d)broadscale clearing of vegetation in the
affected area ofland would have been necessary to achieve or
maintainsustainablelong-termviabilityforthefarmentity,taking into account the viability factors;
and(e)the farm entity and all secured
creditors are prepared toenterintoanagreementtotransferthetitletotheaffected area of land to a prescribed
buyer; and(f)the farm entity is able to transfer
the title to the affectedarea of land to the prescribed buyer
and agrees to takeno further interest in the land after the
transfer; andPage 120Reprint 6B
effective 24 June 2011
Rural
and Regional Adjustment Regulation 2000Schedule(g)the person operating the farm entity’s
farming business,under normal circumstances—(i)is responsible for contributing the
majority of theperson’s labour to the farming business;
and(ii)generates,orhasthepotentialtogenerate,themajority of the person’s income from the
farmingbusiness.(2)A
farm entity is not eligible to receive assistance under thescheme,ifthefarmentityiseligiblefor,orhasreceived,assistance under the enterprise assistance
scheme.(3)Also, a farm entity is not eligible to
receive assistance underthe scheme if—(a)the
farm entity has entered into a contract for the sale ofthe
affected area of land and the contract has not beenvalidly terminated; or(b)a
mortgagee has taken possession of the affected area ofland;
or(c)the farm entity has become insolvent
or bankrupt; or(d)the farm entity has been evicted from
the affected areaof land or other property of the farm
entity.(4)In this
section—viabilityfactors,inrelationtoafarmentity,meansthefollowing—(a)thepreviouscapacityofthefarmentitytomeetthefollowing
financial commitments—(i)operatingcostsofthefarmentity’sfarmingbusiness;(ii)livingcostsofthepersonoperatingthefarmingbusiness;(iii)servicing of the
debts of the farm entity;(iv)futurecapitalrequirementsforplantandimprovements;(v)investment in sustainable farming
systems;Reprint 6B effective 24 June 2011Page
121
Rural
and Regional Adjustment Regulation 2000Schedule(b)thepotentialviabilityofthefarmentity,takingintoaccount the following factors—(i)the scale and nature of the operations
of the farmentity’s farming business;(ii)development plans having regard to the
productivecapacity of the land held by the farm entity
and thefarm entity’s capacity to finance
implementation ofthe plans;(iii)the
capital contribution of the person operating thefarmingbusinessthatisrequiredtoacquireanddevelop the business;(iv)the
long-term economic trends that impact on thefarm
entity;(v)theprovisionoffinancialsupportforthefarmentity by lenders;(vi)the
demonstrated technical, financial and businessmanagement
performance of the person operatingthe farming
business.150Amount of assistance(1)The authority must decide the amount
of financial assistancegiven to a farm entity under the
scheme.(2)However,theamountoftheassistanceissubjecttoanappropriate valuer performing an
independent valuation of theaffected area of
land to which the farm entity’s application forassistance
relates.(3)For subsection (2), the valuation must
be based on the value ofthe affected area of land at the date
of the valuation, as if theold vegetation management legislation
still applied.(4)In this section—appropriatevaluermeansavaluerchosenbytheauthorityfrom
a panel of registered valuers.Page 122Reprint 6B effective 24 June
2011
Rural
and Regional Adjustment Regulation 2000Schedule151Terms(1)If
the authority approves assistance for a farm entity and theentitywishestoselltheaffectedareaoflandunderthescheme,theentitymustsignacontractforthesaleoftheaffected area of
land to a prescribed buyer within the relevantperiod.(2)If the farm entity does not sign a
contract under subsection (1)withintherelevantperiod,theentityistakentohavewithdrawn the entity’s application for
assistance.(3)Payment under the scheme must be made
in accordance withcontractualarrangementsbetweenthefarmentityandtheprescribed
buyer.(4)In this section—relevant
periodmeans—(a)3
months after the State gives a written offer to the farmentity for the purchase of the affected area
of land by aprescribed buyer; or(b)ifthefarmentityandtheStatehave,withinthe3months, agreed to a longer period—the
longer period.152Applications(1)Anapplicationbyafarmentityforassistanceunderthescheme (anassistance
application) must be—(a)made
on the authority’s application form; and(b)accompaniedbythedocumentsmentionedintheapplication
form.(2)The farm entity must give the
completed application form totheauthorityorthefarmentity’scommerciallenderforreferral to the authority.(3)Subsection (4) applies if—(a)abroadscaleapplicationhasbeenmadeforclearingvegetationintheaffectedareaoflandtowhichtheassistance application relates; and(b)the broadscale application has not
been decided.Reprint 6B effective 24 June 2011Page
123
Rural
and Regional Adjustment Regulation 2000Schedule(4)The farm entity must inform the
authority of the broadscaleapplicationandtheauthoritymustnotassesstheassistanceapplication until
the broadscale application has been decided.(5)Allapplicationsforassistanceundertheschememustbereceived by the authority on or before
21 February 2007.Part 15BusinessAdjustment—TravestonCrossing Dam -
WyaralongDam (Business AdviceAssistance)
Scheme153Definitions for pt 15In
this part—announcement daymeans—(a)foranapplicationforassistanceundertheschemerelating to the
effect of the proposed Traveston CrossingDam—27 April
2006; or(b)foranapplicationforassistanceundertheschemerelatingtotheeffectoftheproposedWyaralongDam—4 July
2006.appropriate service providermeans—(a)apersonwhoisamemberof,andholdsacurrentpractising
certificate from—(i)CPA Australia; or(ii)the
Institute of Chartered Accountants in Australia;or(iii)the National
Institute of Accountants; or(b)a
financial services licensee under the Corporations Act.Page
124Reprint 6B effective 24 June
2011
Rural
and Regional Adjustment Regulation 2000Schedulebusiness entitymeans an
individual, partnership, proprietarycompany or trust
that—(a)has an ABN; and(b)is
carrying on, or has carried on, a business.eligible
business entitymeans a business entity that is
eligiblefor assistance under the scheme.exit
assistance schememeans the scheme set out in part 17.proposed dammeans—(a)theproposeddamknownastheTravestonCrossingDam;
or(b)the proposed dam known as the
Wyaralong Dam.relevant financial advicesee
section 155(1).restructure assistance schememeans
the scheme set out inpart 16.schememeans
the scheme set out in this part.154Objective of scheme(1)Theobjectiveoftheschemeistoassisteligiblebusinessentities
adversely affected by the proposed dam.(2)However, the scheme is not intended to
assist a business entityadversely affected only because of the
normal operation of themarket in which the business entity
carries on business.155Purpose of assistance(1)The purpose of assistance under the
scheme is to reimburse aneligiblebusinessentityforthecostofobtaining,fromanappropriate service provider,
financial advice about the effectontheentity’sbusinessoftheproposeddam(relevantfinancial advice).(2)However,assistanceundertheschemeisnotintendedtoreimburse a business entity for the cost of
complying with anobligationunderalawoftheStateortheCommonwealth,Reprint 6B
effective 24 June 2011Page 125
Rural
and Regional Adjustment Regulation 2000Scheduleincluding, for example, the cost of
preparing an income taxreturn.156Nature of assistanceThe nature of the
assistance under the scheme is the provisionofagranttoaneligiblebusiness
entityforreimbursingthecost
of obtaining relevant financial advice from an appropriateservice provider.157Amount and payment of assistance(1)The amount of a grant that may be
given to a business entityunder the scheme is the lesser of the
following—(a)the costs the authority considers have
been reasonablyincurredbythebusinessentityinobtainingrelevantfinancial advice from an appropriate service
provider;(b)$2000.(2)Theassistancewillbegiventoabusinessentityunderthescheme only if the entity gives the
authority a receipt or taxinvoice from an appropriate service
provider for the relevantfinancial advice for which the
assistance is sought.158Eligibility
criteria(1)Forabusinessentitytobeeligibleforassistanceunderthescheme, the authority must be
satisfied that—(a)thebusinessentitywascarryingonabusinessimmediately
before the announcement day; and(b)theentity’sbusinesshasbeen,orislikelytobe,adversely affected by the proposed
dam.(2)Apubliccompany,whetheractingaloneorwithanothercompany, is not eligible for assistance
under the scheme.Page 126Reprint 6B
effective 24 June 2011
Rural
and Regional Adjustment Regulation 2000Schedule159ApplicationsAn application by
a business entity for assistance under thescheme must
be—(a)made—(i)on
the authority’s application form; or(ii)with
an application under the restructure assistancescheme or exit
assistance scheme; and(b)given to the
authority before 17 December 2010.Part 16BusinessAdjustment—TravestonCrossing Dam -
WyaralongDam (Business RestructureAssistance) SchemeDivision 1Preliminary160Definitions for pt 16In this
part—announcement daymeans—(a)foranapplicationforassistanceundertheschemerelating to the
effect of the proposed Traveston CrossingDam—27 April
2006; or(b)foranapplicationforassistanceundertheschemerelatingtotheeffectoftheproposedWyaralongDam—4 July
2006.business entitymeans an
individual, partnership, proprietarycompany or trust
that—(a)has an ABN; andReprint 6B
effective 24 June 2011Page 127
Rural
and Regional Adjustment Regulation 2000Schedule(b)is carrying on, or has carried on, a
business.businessrecoveryplan,forabusinessentity’sbusiness,means a plan that
includes a comprehensive statement of thestrategies for
restructuring the business to be implemented bythe entity to
recover from the adverse effects of the proposeddam.eligible
business entitymeans a business entity that is
eligiblefor assistance under the scheme.exit
assistance schememeans the scheme set out in part 17.NewstartAllowancemeanstheNewstartAllowanceadministered by Centrelink.proposed dammeans—(a)theproposeddamknownastheTravestonCrossingDam;
or(b)the proposed dam known as the
Wyaralong Dam.relevant period, for a business
entity carrying on a business,means—(a)3 years, or a longer period considered
appropriate by theauthority, immediately before the
announcement day; or(b)if the entity carried on the business
for less than 3 yearsimmediately before the announcement
day—the periodbeforetheannouncementdayduringwhichtheentitycarried on the
business.schememeans the scheme
set out in this part.viable, in relation to
a business during the relevant period, seesection
161.161Meaning ofviableduring the relevant period(1)Abusinessentity’sbusinessistakentohavebeenviableduringtherelevantperiodifthedisposableearningsofthebusiness during the period were
greater than the total NewstartAllowance that
would have been payable to all individuals theauthorityconsiderswereoperatingthebusinessduringtheperiod.Page 128Reprint 6B effective 24 June
2011
Rural
and Regional Adjustment Regulation 2000Schedule(2)For subsection (1), the amount of the
disposable earnings ofthe business is worked out using the
formula—DE = EB – (I + P + PPE)where—DEmeans the disposable earnings of the
business during therelevant period.EBmeans
whichever of the following the authority considersappropriate—(a)theearningsofthebusinessbeforeinterest,taxandreasonabledepreciationofbusinessassets,duringtherelevant period;(b)the
earnings of the person operating the business beforeinterest, tax, reasonable depreciation of
business assetsandtheperson’ssalaryfromthebusiness,duringtherelevant period.Imeans
the interest payable for loans for the business duringthe
relevant period.Pmeans the principal payable for loans
of the business duringthe relevant period.PPEmeans a reasonable provision during
the relevant periodforthecostsofreplacingplantandequipmentforthebusiness.162Objective of scheme(1)Theobjectiveoftheschemeistoassisteligiblebusinessentities
adversely affected by the proposed dam.(2)However, the scheme is not intended to
assist a business entityadversely affected only because of the
normal operation of themarket in which the business entity
carries on business.163Purpose of assistanceThepurposeofassistanceundertheschemeistoassisteligible business
entities to—Reprint 6B effective 24 June 2011Page
129
Rural
and Regional Adjustment Regulation 2000Schedule(a)continuetooperateduringshort-termdeclineinprofitability suffered as a result of
the proposed dam; or(b)developandimplementbusinessstrategiesthatwillpositively affect their continuing
viability.Division 2Business
restructure assistance164Nature of
assistance(1)The nature of the assistance under the
scheme is the provisionof a grant to an eligible business
entity for restructuring theentity’s
business, including, for example, by—(a)providing the business with short-term
working capital;or(b)reducing the debt
of the business; or(c)paying expenses for relocating the
business; or(d)adopting new technologies or processes
in the business,including, for example, electronic business;
or(e)improving the entity’s business
assets; or(f)performing activities that improve the
profitability of thebusiness.(2)Also,theauthoritymayconsiderprovidingthegranttoaneligible business entity for buying
capital equipment to restorethe viability of
the entity’s business to the level of viabilityimmediately
before the announcement day.(3)However, the grant will not be provided
for—(a)buyingequipmentofagenericnature,including,forexample,acomputer,thatisusedfortheroutineoperation of the
entity’s business; or(b)replacing
existing equipment.Page 130Reprint 6B
effective 24 June 2011
Rural
and Regional Adjustment Regulation 2000Schedule165Amount and payment of
assistance(1)The maximum amount of assistance that
may be given to abusinessentityundertheschemeisthelesserofthefollowing—(a)theamounttheauthorityconsidersisnecessarytorestore the viability of the entity’s
business to the levelof viability immediately before the
announcement day;(b)theestimatednetexitvalueoftheentity’sbusinessdecided by the
authority.(2)Assistance under the scheme may be
paid to a business entityas a lump sum or by
instalments.(3)Iftheassistanceispaidbyinstalments,paymentsmaybemadeonlyaftertheauthorityreceivesevidencefromthebusinessentitythatactionrequiredforimplementingthestrategies under the entity’s business
recovery plan has beentaken within the periods agreed
between the authority and theentity.(4)In this section—estimatednetexitvaluemeansthevalueoftheentity’sbusinessasagoingconcernasatthedaybeforetheannouncement day.166Eligibility criteria(1)Forabusinessentitytobeeligibleforassistanceunderthescheme, the authority must be
satisfied that—(a)thebusinessentitywascarryingonabusinessimmediately
before the announcement day; and(b)either—(i)thebusinesshadbeenviableduringtherelevantperiod; or(ii)immediatelybeforetheannouncementday,thebusiness had the capacity to become
viable; andReprint 6B effective 24 June 2011Page
131
Rural
and Regional Adjustment Regulation 2000Schedule(c)as a direct result of the proposed
dam, there has been, oris likely to be, a significant adverse
effect on the entity’sbusiness; and(d)thepersonoperatingthebusiness,undernormalcircumstances,generates,orhasthepotentialtogenerate, the majority of the person’s
income from thebusiness; and(e)theassistancegivenundertheschemewill,withinareasonableperiod,restoretheviabilityoftheentity’sbusiness to the
lower of—(i)the level of viability during the
relevant period; or(ii)aleveltheauthorityconsidersreasonablyappropriate;
and(f)the business entity has prepared a
business recovery planfor the entity’s business.(2)Apubliccompany,whetheractingaloneorwithanothercompany, is not eligible for assistance
under the scheme.(3)Abusinessentityisnoteligibleforassistanceunderthescheme if the entity is eligible for,
or has received, assistanceunder the exit assistance
scheme.(4)Also, a business entity is not
eligible for assistance under thescheme if the
entity is eligible for, or has received, financialassistancefromtheStateortheCommonwealththattheauthorityconsidersisequivalenttoassistanceunderthescheme.Example of
financial assistance for subsection (4)—financial assistance for restructuring a
business given in connection withthe acquisition
of land under theAcquisition of Land 1967(5)Forsubsection(1)(c),therehasbeen,orislikelytobe,asignificant
adverse effect on a business entity’s business, if—(a)forabusinessentitythatemploysfewerthan6persons—theauthorityconsiderstheentitywouldreasonably require assistance of at least
$5000 under thescheme; or(b)for a
business entity that employs more than 5 persons—Page
132Reprint 6B effective 24 June
2011
Rural
and Regional Adjustment Regulation 2000Schedule(i)the net profit of the entity’s
business has been, orthe authority considers is likely to
be, reduced byat least 25%; and(ii)the
authority considers the entity would reasonablyrequireassistanceofatleast$10000underthescheme.(6)Despite subsection (5), if the authority
considers a businessentity’s circumstances are exceptional, the
authority may haveregard to a matter that is not mentioned in
subsection (5), indeciding whether or not there has been, or
is likely to be, asignificant adverse effect on the entity’s
business.167ApplicationsAn application by
a business entity for assistance under thescheme must
be—(a)made on the authority’s application
form and given tothe authority before 17 December 2010;
and(b)accompanied by—(i)the
documents mentioned in the application form;and(ii)the business recovery plan for the
entity’s business.Reprint 6B effective 24 June 2011Page
133
Rural
and Regional Adjustment Regulation 2000SchedulePart
17BusinessAdjustment—TravestonCrossing Dam -
WyaralongDam (Business ExitAssistance)
SchemeDivision 1Preliminary168Definitions for pt 17In this
part—announcement daymeans—(a)foranapplicationforassistanceundertheschemerelating to the
effect of the proposed Traveston CrossingDam—27 April
2006; or(b)foranapplicationforassistanceundertheschemerelatingtotheeffectoftheproposedWyaralongDam—4 July
2006.appropriate service providermeans—(a)apersonwhoisamemberof,andholdsacurrentpractising
certificate from—(i)CPA Australia; or(ii)the
Institute of Chartered Accountants in Australia;or(iii)the National
Institute of Accountants; or(b)a
financial services licensee under the Corporations Act.business entitymeans an
individual, partnership, proprietarycompany or trust
that—(a)has an ABN; and(b)is
carrying on, or has carried on, a business.eligible
business entitymeans a business entity that is
eligiblefor assistance under the scheme.Page
134Reprint 6B effective 24 June
2011
Rural
and Regional Adjustment Regulation 2000Scheduleextraordinary expensessee section
172(b).net exit valuesee section
173(1)(a).NewstartAllowancemeanstheNewstartAllowanceadministered by Centrelink.proposed dammeans—(a)theproposeddamknownastheTravestonCrossingDam;
or(b)the proposed dam known as the
Wyaralong Dam.relevant period, for a business
entity carrying on a business,means—(a)3 years, or a longer period considered
appropriate by theauthority, immediately before the
announcement day; or(b)if the entity carried on the business
for less than 3 yearsimmediately before the announcement
day—the periodbeforetheannouncementdayduringwhichtheentitycarried on the
business.restructure assistance schememeans
the scheme set out inpart 16.schememeans
the scheme set out in this part.viable, in
relation to a business during the relevant period, seesection 169.169Meaning ofviableduring the relevant period(1)Abusinessentity’sbusinessistakentohavebeenviableduringtherelevantperiodifthedisposableearningsofthebusiness during the period were
greater than the total NewstartAllowance that
would have been payable to all individuals theauthorityconsiderswereoperatingthebusinessduringtheperiod.(2)For
subsection (1), the amount of the disposable earnings ofthe
business is worked out using the formula—DE = EB – (I + P
+ PPE)where—Reprint 6B
effective 24 June 2011Page 135
Rural
and Regional Adjustment Regulation 2000ScheduleDEmeans the disposable earnings of the
business during therelevant period.EBmeans
whichever of the following the authority considersappropriate—(a)theearningsofthebusinessbeforeinterest,taxandreasonabledepreciationofbusinessassets,duringtherelevant period;(b)the
earnings of the person operating the business beforeinterest, tax, reasonable depreciation of
business assetsandtheperson’ssalaryfromthebusiness,duringtherelevant period.Imeans
the interest payable for loans for the business duringthe
relevant period.Pmeans the principal payable for loans
of the business duringthe relevant period.PPEmeans a reasonable provision during
the relevant periodforthecostsofreplacingplantandequipmentforthebusiness.170Objective of scheme(1)Theobjectiveoftheschemeistoassisteligiblebusinessentities
adversely affected by the proposed dam.(2)However, the scheme is not intended to
assist a business entityadversely affected only because of the
normal operation of themarket in which the business entity
carries on business.171Purpose of assistanceThepurposeofassistanceundertheschemeistoassistaneligiblebusinessentitytoexititsbusiness,ifexitingthebusiness is the only appropriate course of
action as a result ofthe effect of the proposed dam on the
viability of the business.Page 136Reprint 6B
effective 24 June 2011
Division 2Rural and
Regional Adjustment Regulation 2000ScheduleBusiness exit assistance172Nature of assistanceThe nature of the
assistance that may be given to a businessentity under the
scheme is—(a)a single payment to the entity of the
net exit value of thebusiness; and(b)reimbursementofanyofthefollowingexpenses(extraordinaryexpenses)theauthorityconsidershavebeen
reasonably incurred by the business entity—(i)thecostsofanappropriateserviceproviderinprovidinginformationrequiredbytheauthorityadditional to the entity’s application for
assistanceunder the scheme;(ii)paymentsmadebythebusinessentitytoanemployeeforredundancyorretrenchmentinaccordance with the appropriate award,
industrialagreement or terms of employment;(iii)paymentsmadebythebusinessentitytoanemployee instead
of notice;(iv)costsofrehabilitatingasitewherethebusinessentity carried on
business;(v)costsincurredinsellingorauctioningbusinessassets,including,forexample,anagent’scommission or
advertising expenses.173Amount of
assistance(1)Theamountofassistancethatmaybegiventoabusinessentity under the scheme is—(a)the value of the entity’s business as
a going concern as atthedaybeforetheannouncementday(thenetexitvalue), as
decided by the authority; and(b)if
the entity’s application for assistance includes a claimforreimbursementofanextraordinaryexpense—theReprint 6B
effective 24 June 2011Page 137
Rural
and Regional Adjustment Regulation 2000Scheduleamountoftheexpensetheauthorityconsiderswasreasonably incurred by the business
entity.(2)However,indecidingthenetexitvalueofabusiness,theauthority must have regard to an
independent valuation of thebusiness by an
appropriate valuer.(3)In this section—appropriatevaluermeansavaluerchosenbytheauthorityfrom
a panel of registered valuers.174Eligibility criteria(1)Forabusinessentitytobeeligibleforassistanceunderthescheme, the authority must be
satisfied that—(a)thebusinessentitywascarryingonabusinessimmediately
before the announcement day; and(b)either—(i)thebusinesshadbeenviableduringtherelevantperiod; or(ii)immediatelybeforetheannouncementday,thebusiness had the capacity to become
viable; and(c)thepersonoperatingthebusiness,undernormalcircumstances,generates,orhasthepotentialtogenerate, the majority of the person’s
income from thebusiness; and(d)thebusinessentityhasconsideredseekingassistanceundertherestructureassistanceschemeandhasfullyexplainedthereasonsrestructureassistanceisnotconsidered
appropriate for the entity; and(e)as a
direct result of the proposed dam—(i)therehasbeen,orislikelytobe,asignificantadverse effect on
the entity’s business; and(ii)the viability of
the entity’s business can not be, orwillnotbeabletobe,restoredtoaleveltheauthority considers reasonably
appropriate; andPage 138Reprint 6B
effective 24 June 2011
Rural
and Regional Adjustment Regulation 2000Schedule(iii)exiting the
business is the only appropriate courseof action;
and(f)ifthebusinessentity’sapplicationforassistanceincludes a claim
for reimbursement of an extraordinaryexpense, the
expense—(i)is a legitimate cost of exiting the
business; and(ii)has been incurred as a direct result
of the effect onthe entity’s business of the proposed dam;
and(g)ifthebusinessentity’sapplicationforassistanceincludes a claim
for reimbursement for a payment to anemployee instead
of notice—(i)thepaymentwasmadeinexceptionalcircumstances;
and(ii)the entity could not reasonably have
required theemployee to work for the required period of
notice.(2)Apubliccompany,whetheractingaloneorwithanothercompany, is not eligible for assistance
under the scheme.(3)Abusinessentityisnoteligibleforassistanceunderthescheme if the entity is eligible for,
or has received, assistanceunder the restructure assistance
scheme.(4)Also, a business entity is not
eligible for assistance under thescheme if the
entity is eligible for, or has received, financialassistancefromtheStateortheCommonwealththattheauthorityconsidersisequivalenttoassistanceunderthescheme.Example of
financial assistance for subsection (4)—financial assistance for exiting a business
given in connection with theacquisition of
land under theAcquisition of Land 1967175Terms(1)If
the authority approves assistance for a business entity andthe
entity wishes to accept the net exit value decided by theauthorityfortheentity’sbusiness,theentitymustsignacontract for
exiting the business within the prescribed period.Reprint 6B effective 24 June 2011Page
139
Rural
and Regional Adjustment Regulation 2000Schedule(2)If the business entity does not sign a
contract under subsection(1)withintheprescribedperiod,theentityistakentohavewithdrawn the entity’s application for
assistance.(3)Acontractundersubsection(1)mayincludeeitherofthefollowing conditions—(a)arequirementthatthebusinessentityenterintoarestraint of trade arrangement for up
to 3 years;(b)arequirementthatthebusinessentitynotdiscloseinformationrelatingtopaymentsreceivedunderthecontract.(4)Payment of the net exit value of a business
entity’s businessmustbemadeinaccordancewithcontractualarrangementsbetween the
business entity and the State.(5)In
this section—prescribed periodmeans—(a)2monthsaftertheStategivesawrittenoffertothebusiness entity
to enter into a contract under subsection(1); or(b)ifthebusinessentityandtheStatehave,withinthe2months, agreed to
a longer period—the longer period.176ApplicationsAn application by
a business entity for assistance under thescheme must
be—(a)made on the authority’s application
form and given tothe authority before 17 December 2010;
and(b)accompaniedbythedocumentsmentionedintheapplication
form.Page 140Reprint 6B
effective 24 June 2011
Part
18Rural and Regional Adjustment Regulation
2000ScheduleSmall Business
DroughtAssistance SchemeDivision 1Preliminary177Objective of schemeTheobjectiveoftheschemeistoassistownersofsmallbusinesses
if—(a)thebusinessesaredependentonfarmingenterprises;and(b)thebusinessturnoverforthebusinesseshasbeendetrimentallyaffectedbyexceptionalcircumstances;and(c)thebusinesseswouldhavehadlong-termprospectsofviability had exceptional
circumstances not happened.178Purpose of
assistanceThe purpose of assistance under the scheme
is to facilitate 1 ormore of the following strategies
(ascheme strategy)—(a)improvements in business
viability;(b)business continuity;(c)debt restructuring.179Definitions for pt 18In
this part—applicantmeansapersonapplyingforfinancialassistanceunder
the scheme.applicationmeansanapplicationforfinancialassistanceunder
the scheme.business turnoversee section
180.EC areameans an area
declared under an EC declaration.Reprint 6B
effective 24 June 2011Page 141
Rural
and Regional Adjustment Regulation 2000ScheduleEditor’s note—Atthecommencementofthisdefinition,informationaboutthedeclarationanddeclaredareawasavailableontheAustralianGovernment
Department of Agriculture, Fisheries and Forestry websiteat
<www.daff.gov.au>.ECdeclarationmeansadeclarationundertheRuralAdjustment Act
1992(Cwlth) of an area as an area
undergoingexceptional circumstances.EC
periodmeans a period, that is 1 year or less, for
which anEC declaration applies and for which
assistance may be givenunder a rural adjustment
scheme.exceptional circumstancesmeans
unusual climatic conditionsor another event that—(a)causesarareandseveredecreaseinafarmentity’sincome for at least 1 year, leading to
financial difficulty;and(b)can
not be anticipated or managed as part of the farmentity’s normal risk management strategies;
and(c)isadiscreteeventandnotpartoflong-termrestructuring of
businesses or of normal fluctuations inthe price of
goods.Example of unusual climatic condition—extended severe drought
conditionsfarmentitymeansanentitysolelyormainlyengagedinafarming
enterprise.farmingenterprisemeansafarmingbusinessthatinvolvesprimary
production, including, for example, the agricultural,apicultural, aquacultural, horticultural or
pastoral industries.full-time employee, of a small
business, means an individualwhoworksforatleast35hourseachweekforthesmallbusiness.NewstartAllowancemeanstheNewstartAllowanceadministered by Centrelink.Page
142Reprint 6B effective 24 June
2011
Rural
and Regional Adjustment Regulation 2000ScheduleEditor’s note—Atthecommencementofthisdefinition,informationabouttheallowancewasavailableonCentrelink’swebsiteat<www.centrelink.gov.au>.owner, of a small
business includes a lessee or operator of thesmall
business.relevant townmeans a town in
the State that—(a)has a population of less than 10000;
and(b)is located in an EC area; and(c)the authority is satisfied
substantially relies on farmingenterprises to
support its economy.rural adjustment schememeans
a Rural Adjustment Schemewithin the meaning of theRural Adjustment Act 1992(Cwlth).schememeans
the scheme set out in this part.scheme
strategysee section 178.small
businesssee section 181.180Meaning ofbusiness
turnover(1)Thebusiness
turnoverfor a business is the amount of goodsand
services the business supplies, or is likely to supply, fortheyearendingonthelastdayofthemonthinwhichtheownerofthebusinessappliesforfinancialassistanceunderthe
scheme.(2)The following amounts are not to be
included for working outtheamountofgoodsandservicessupplied,orlikelytobesupplied—(a)GST
charged on the goods or services;(b)anygoodsorservicessuppliedthatarenotconnectedwith the
business;Example—the
sale by the owner of a small business of personally ownedgoodsReprint 6B
effective 24 June 2011Page 143
Rural
and Regional Adjustment Regulation 2000Schedule(c)amountsobtainedfromthetransferofcapitalassets,including, for example, the sale of assets
owned by thebusiness.(3)The
business activity statements prepared for a business forthe
period mentioned in subsection (1) may be used to workout
the amount of goods and services the business supplied inthe
period.(4)However,iftheauthoritydecidesadifferentmethodisappropriate for working out the gross
sales for a business intheperiod,theamountworkedoutbytheauthorityisthebusiness turnoverfor the
business.181Meaning ofsmall
business(1)Asmall
businessis a business that—(a)holds
an Australian Business Number; and(b)employs not more than—(i)100
full-time employees of the business; or(ii)ifthebusinesshasemployeeswhodonotworkfull-timeforthebusiness—100equivalentfull-time employees of the business.(2)Forsubsection(1)(b),thenumberofequivalentfull-timeemployees of a business is worked out using
the formula—E = F + P / 35where—Emeans the number of equivalent
full-time employees of thebusiness.Fmeans
the number of full-time employees of the business.Pmeansthetotalnumberofhoursworkedeachweekbyemployees who do not work full-time for the
business.Page 144Reprint 6B
effective 24 June 2011
Division 2Rural and
Regional Adjustment Regulation 2000ScheduleGeneral provisions for scheme182Nature of assistanceThenatureoftheassistancethatmaybegivenunderthescheme is an interest subsidy for new or
existing commercialloans.183Level
of assistance(1)Thelevelofassistancetobegiven totheownerofasmallbusiness must be
decided—(a)bytheextentofassistanceneededfortheschemestrategies; and(b)from
the budgets for the small business that allow forfinancialdemandsonthebusinessappropriatetotheexceptional circumstances.(2)The total interest subsidy given under
the scheme to the ownerof a small business must not be more
than 80% of the interestpayable on, and associated costs of,
the loans for which thesubsidy is sought.(3)The
interest subsidy given under the scheme to the owner of asmall
business for the first EC period, in relation to an EC areadeclared after 6 November 2006, must not be
more than 50%of the interest payable on, and associated
costs of, loans forwhich the subsidy is sought in the
period.(4)The interest subsidy given under the
scheme to the owner of asmall business for the second or
subsequent EC period mustnotbemorethan80%oftheinterestpayableon,andassociated costs of, the loans for
which the subsidy is soughtin the period.(5)Indecidingthelevelofloanstobesupportedforaninitialinterestsubsidygivenundertheschemetotheownerofasmallbusiness,theauthoritymaydeductthefullcostofacapital purchase from the balance of
the existing loans if—(a)forasmallbusinessthatderives70%ormoreofitsbusinessturnoverfromprovidinggoodsorservicestoReprint 6B effective 24 June 2011Page
145
Rural
and Regional Adjustment Regulation 2000SchedulefarmingenterprisesinanECareaorpartofanECarea—the capital
purchase was made after 6 November2006; or(b)forasmallbusinessinarelevanttown,otherthanasmall business
mentioned in paragraph (a)—the capitalpurchase was made
after 24 September 2007.(6)Subjecttosubsection(8),theamountofinterestsubsidypayable to an applicant who has 1 or more
small businessesmust not result in the applicant receiving
under the scheme atotal of more than—(a)$100000 in any 1-year period; or(b)if an EC period is less than 1
year—the proportion of$100000 that is equivalent to the
proportion of the ECperiod.(7)Any
subsidies already given by the Commonwealth, or underthesmallbusinessemergencyassistanceschemeortheexceptionalcircumstancesscheme,onloansorassociatedcostsmustbedeductedfromtheamountsmentionedinsubsection (6).(8)Assistance under the scheme is not payable
in relation to anyloansorassociatedcostsforwhichtheCommonwealthhasgiven, or is giving, any other
subsidy.(9)In this section—exceptional
circumstances schememeans the scheme set outin part 8.smallbusinessemergencyassistanceschememeansthescheme set out in part 7.184Period of assistance(1)The period for which an interest
subsidy is given is not morethan 1 year for
each application.(2)A maximum of 2 tranches of interest
subsidy (1 in the first ECperiod and 1 in the second EC period)
may be given.Page 146Reprint 6B
effective 24 June 2011
Rural
and Regional Adjustment Regulation 2000Schedule185Eligibility criteria(1)Foranapplicanttobeeligibletoreceiveassistance,theapplicant must satisfy the criteria stated
in subsection (2) andtheauthoritymustbesatisfiedofthemattersstatedinsubsection (3).(2)The
applicant must—(a)own(whetherassoleowner,inpartnershiporasaprivate company)
and operate a small business; and(b)demonstratethattheapplicanthasownedthesmallbusiness for at
least 2 years; and(c)demonstrate that—(i)foranyapplication—thesmallbusinessderives70%ormoreofitsbusinessturnoverfromproviding goods or services to farming
enterprisesin an EC area or part of an EC area;
or(ii)for an application made after 24
September 2007andbefore1July2009—thesmallbusinessislocatedinarelevanttownandisdependantonfarmingenterprisesforallorpartofitsbusinessturnover; and(d)demonstrate that, under normal
circumstances—(i)theapplicantor,foraprivatecompany,itsshareholders, spend at least 75% of
their labour onthesmallbusinessor,iftheapplicantisalsoanowner of a
farming enterprise, spend at least 75%oftheirlabouronthesmallbusinessandthefarming enterprise; and(ii)the applicant obtains at least 50% of
the applicant’stotalbusinessturnoverfromthesmallbusiness;and(e)demonstratethatthesmallbusinessisinfinancialdifficultybecauseoftheimpactofexceptionalcircumstances on
farming enterprises in an EC area.(3)The
authority must be satisfied that—(a)the
small business—Reprint 6B effective 24 June 2011Page
147
Rural
and Regional Adjustment Regulation 2000Schedule(i)foranyapplication—derives70%ormoreofitsbusiness turnover from providing goods
or servicesto farming enterprises in an EC area or part
of anEC area; or(ii)for
an application made after 24 September 2007andbefore1July2009—islocatedinarelevanttown
and is dependant on farming enterprises forall or part of
its business turnover; and(b)the assistance is
necessary to achieve 1 or more of thescheme
strategies; and(c)withouttheassistance,thesmallbusinesswouldnothavethecapacitytoachieveormaintainlong-termviability; and(d)the
applicant has—(i)on commercial terms, disposed
of—(A)all non-essential business assets;
and(B)non-business assets, so that the net
value ofnon-business assets is not more than
doubletheNewstartAllowanceassetstestforhomeowners (partnered); andNote—For the
application of this provision to applications madeafter
24 September 2007 and before 30 June 2011, seesection
188A.(ii)applied the proceeds to the small
business (unlessthiswouldresultinextremehardshiptotheapplicant);
andNote—Investments in
bona fide insurance and superannuation funds areexemptfromthenon-businessassetstestmentionedinsubparagraph (i)(B).(e)eachloanforwhichtheinterestsubsidyissoughtisgiven—(i)on
commercial terms at arm’s length; andPage 148Reprint 6B effective 24 June
2011
Rural
and Regional Adjustment Regulation 2000Schedule(ii)at an interest rate that is
competitive with the rategenerally applicable to loans of the
same type; and(f)under normal circumstances—(i)theapplicantor,foraprivatecompany,itsshareholders, spend at least 75% of
their labour onsmall business or, if the applicant is also
an ownerof a farming enterprise, spend at least 75%
of theirlabouronthesmallbusinessandthefarmingenterprise; and(ii)the
applicant obtains at least 50% of the applicant’stotalbusinessturnoverfromthesmallbusiness;and(g)the applicant has
owned the small business for at least 2years.(4)Indecidingwhetherthesmallbusinessisinfinancialdifficulty, the authority must consider each
of the following—(a)the total amount of interest payable
each year;(b)the estimated surplus over the medium
term;(c)the applicant’s equity in the small
business in relation tothe amount of current and future
indebtedness, togetherwith both business and non-business
assets and income.(5)In assessing the likelihood of the
small business being viablein the long term, the authority must
take account of each ofthe following—(a)theexpectedfuturecapacityofthesmallbusinesstooperateprofitably(withoutassistanceunderaruraladjustment
scheme) as measured by its ability to meet,fromestimatedsurpluses,itsfuturefinancialcommitments for each of the
following—(i)its operating costs;(ii)living costs of the applicant’s
family;(iii)servicing of the
small business’s debts;(iv)futurecapitalrequirementsforplantandimprovements;Reprint 6B
effective 24 June 2011Page 149
Rural
and Regional Adjustment Regulation 2000Schedule(v)investmentrequirementstomakethesmallbusiness viable;(b)the
long-term economic trends impacting on the smallbusiness;(c)theapplicant’sdemonstratedtechnical,financialandbusiness management performance;(d)the provision of financial support for
the small businessbylendersduringandaftertheexceptionalcircumstances.(6)The
owner of a small business not receiving assistance in aparticularECperiodmaybeeligibleforassistanceinasubsequent EC period.186Terms(1)The
giving of assistance in aparticularECperioddoesnotguarantee assistance in a subsequent
EC period.(2)Payment of an interest subsidy for a
loan will be made—(a)aftertheauthorityhassecuredagreementfromtheowner of the
small business receiving the assistance thattheassistancewillbeusedonlyforthepurposeofascheme strategy;
and(b)after the owner of the small business
and the lender haveagreed to the terms of the assistance under
the scheme;and(c)subject to any
other terms decided by the authority.(3)An
interest subsidy for a loan will be paid—(a)to
the lender on behalf of the owner; or(b)directly to the owner.(4)An
owner of a small business receiving assistance under thescheme may continue to receive assistance
only if the ownercomplies with the terms of the
assistance.Page 150Reprint 6B
effective 24 June 2011
Rural
and Regional Adjustment Regulation 2000Schedule187Applications(1)An
application for assistance must be—(a)made
on the application form approved by the authority;andEditor’s note—At
the commencement of this section, a copy of the applicationformwasavailableontheauthority’swebsiteat<www.qraa.qld.gov.au>.(b)accompanied by the documents stated on
the applicationform; and(c)lodged with the authority.(2)Applications must be made not later
than 28 days after the ECperiod for which the assistance is
sought ends.(3)Ifanownerofasmallbusinesshasreceivedaninterestsubsidy
(thefirst subsidy), the owner of a
small business mayapplyforafurtherinterestratesubsidynoearlierthan3months before the period to which the
first subsidy was givenends.(4)If
the owner of a small business has received an interest ratesubsidy(alsothefirstsubsidy)undertheschemeinanECperiod,theownermaymakeafurtherapplicationforassistance in the EC period only if—(a)theapplicationrelatestodebtincurredinrelationtocarry-on finance provided to the owner after
the ownerreceived the first subsidy; and(b)the application is made on a pro rata
basis taking intoaccount the amount of interest subsidy
already paid tothe owner in the EC period and the
proportion of the ECperiod remaining.(5)Subsection (3) does not apply to an
application mentioned insubsection (4).(6)In
this section—carry-on financemeans an amount
used for the day to dayoperatingexpensesofasmallbusiness,otherthanfortheacquisition of capital for the
business.Reprint 6B effective 24 June 2011Page
151
Rural
and Regional Adjustment Regulation 2000Schedule188Deciding applicationsThe
authority must consider, and decide to approve or refuseto
approve, each application for assistance.188AApplications made after 24 September 2007
and before 30June 2011(1)This
section applies in relation to an application made by anapplicant in an EC area after 24 September
2007 and before30 June 2011.(2)This
part, other than section 187(2), applies to the applicationasifthereferenceinsection185(3)(d)(i)(B)todoubletheNewstartAllowanceassetstestforhomeowners(partnered)were a reference
to $750000.(3)TheapplicationmustnotbemadeaftertheECperiodforwhich
the assistance is sought ends.Note—This section may result in
applications made in the same EC periodbeing treated
differently depending upon when the application is made.Part
19Irrigators Fixed Water ChargesRebate Scheme189Objective of schemeTheobjectiveofthisschemeistoassistirrigatorsinareaswhere water
availability is or has been low.190Nature of assistanceThenatureoftheassistancethatmaybegivenunderthisscheme is a rebate for the payment of fixed
water charges, orpart of the fixed water charges, incurred
for the period from 1July 2006 to 30 June 2008.Page
152Reprint 6B effective 24 June
2011
Rural
and Regional Adjustment Regulation 2000Schedule191Definitions for pt 19In
this part—announced allocation, for a water
area—1Theannounced
allocation, for a water area, means theavailable water announced by—(a)the water service provider for the
water area; or(b)the chief executive of the department
in which thetheWater Act 2000is
administered.2However, if—(a)the
water area is a part of a water supply scheme;and(b)thewateravailabilityannouncedbythewaterserviceproviderforthewatersupplyschemeisdifferent from the water availability
announced forthe part of the scheme;the available
water announced for the part of the schemeis theannounced allocationfor the water
area.3Forparagraphs1and2,areferencetoannouncingavailablewaterincludesareferencetodecidingavailable
water.applicantmeans a person
applying for assistance under thisscheme.billing period, for an invoice,
means the period for which thefixed water
charges for the invoice are payable.currentinvoicemeansaninvoice,givenquarterlyorhalf-yearlyforwaterchargesincurredintheperiodfrom1July 2006 to 30 June 2008, that the
authority is assessing for arebate.fixed water chargemeans—(a)the part of a water charge that is
intended to recover thefixedcostsofoperatingandmaintainingwaterinfrastructure in a water area; orReprint 6B effective 24 June 2011Page
153
Rural
and Regional Adjustment Regulation 2000Schedule(b)the part A water charge within the
meaning of theWaterRegulation
2002; orNote—See theWater Regulation
2002, schedule 14 (Water charges) andschedule 17 (Dictionary), definitionpart
A.(c)ifthewaterareaistheCallideValleygroundwatermanagementarea(non-benefited)undertheWaterRegulation2002,schedule14—thewaterchargefortakinggroundwater,mentionedincolumn3ofthescheduleforthearea,thatistheamountpayableforeach megalitre of announced
entitlement.irrigatormeansaruralwateruserwhoispayingwaterchargesfortakingwaterforprimaryproductionpurposes,other than for
stock or domestic purposes within the meaningof theWater Act 2000, schedule
4.successful applicantmeans a person
granted assistance underthis scheme.this
schememeans the scheme set out in this
part.thresholdtestoflowwateravailability,forawaterarea,means—(a)forthebillingperiodforacurrentinvoice—theannounced
allocation for the water area at the start of thethe
billing period is not more than 20%; or(b)for a
financial year in the 3 financial years immediatelybeforethebillingperiodforacurrentinvoice—theannounced
allocation for the water area at 30 June in theyear is not more
than 20%.water areameans any of the
following—(a)a water supply scheme within the
meaning of theWaterAct 2000,
schedule 4;(b)a part of a water supply
scheme;(c)awatermanagementareamentionedintheWaterRegulation
2002, schedule 14;Page 154Reprint 6B effective 24 June
2011
Rural
and Regional Adjustment Regulation 2000Schedule(d)apartofawatermanagementareamentionedinparagraph (c).water service
providersee theWater Act
2000, schedule 4.192Eligibility criteriaForanapplicanttobeeligibletoreceiveassistance,theapplicant must—(a)be an
irrigator; and(b)be liable to pay fixed water charges;
and(c)be any of the following—(i)acustomerofSunWaterpayingthefixedwaterchargesundertheRuralWaterPricingDirectionNotice (No. 01) 2006, gazetted on 14 July
2006 atpage 1187;(ii)a
customer of another water service provider;(iii)the
holder of a water licence under theWater Act2000; and(d)satisfy the threshold test of low water
availability for—(i)the billing period for a current
invoice; or(ii)afinancialyearinthe3financialyearsimmediately before the billing period for a
currentinvoice; and(e)have
paid the water charges incurred from 1 July 2006unless the applicant can demonstrate
financial hardshipunder section 193.193Financial hardship(1)Foranapplicanttodemonstratefinancialhardship,theapplication must be accompanied by—(a)evidencethattheapplicantistheholderofacurrenthealthcarecardundertheSocialSecurityAct1991(Cwlth);
orReprint 6B effective 24 June 2011Page
155
Rural
and Regional Adjustment Regulation 2000Schedule(b)acertificatefromasuitablyqualifiedpersonstatingthat—(i)the
applicant is unable to pay the total invoice forthecurrentwaterchargesbecauseoffinancialhardship;
and(ii)thecontinuationoftheapplicant’senterpriseforwhichthewaterchargesareincurredisindoubtbecauseoftheprolongeddroughtandthelowwater
availability.(2)In this section—suitably
qualified person—(a)generally, means
a person who—(i)has financial qualifications that
enable the personto give a certificate mentioned in
subsection (1)(b);and(ii)isamemberofaprofessionalassociationwhosemembers normally provide financial advice;
and(b)for an applicant for whom it is not
reasonably practicalto engage a person mentioned in paragraph
(a) becausethe applicant’s residence is not located
near a populatedarea, means a person who—(i)has experience in financial matters
because of theperson’soccupation,whetherornotthepersonnormallyprovidesorprovidedfinancialadvice;andExamples—accountant, bank manager, tax agent(ii)is a member of a relevant professional
association.194Maximum rebate amounts(1)Themaximumrebateunderthisschemeforasuccessfulapplicant is
$10000 for each financial year.(2)Subjecttosubsection(3),themaximumpercentageofthefixed water
charges for the applicant’s current invoice that willPage
156Reprint 6B effective 24 June
2011
Rural
and Regional Adjustment Regulation 2000Schedulebe
given as a rebate to a successful applicant in a water areathat
satisfies the threshold test for low water availability in
theperiods stated is as follows—(a)for the billing period for the current
invoice and the 3financial years immediately before the
billing period forthe current invoice—100%;(b)for any 3 of the following—75%—(i)the billing period for the current
invoice;(ii)thefinancialyearimmediatelybeforethebillingperiod for the
current invoice (year 1);(iii)the financial
year immediately before year 1 (year2);(iv)the
financial year immediately before year 2 (year3);(c)for
any 2 of the following—50%—(i)the billing
period for the current invoice;(ii)year
1;(iii)year 2;(iv)year 3;(d)for
any 1 of the following—25%—(i)the billing
period for the current invoice;(ii)year
1;(iii)year 2;(iv)year 3.(3)If
part of a billing period for a current invoice is not in theperiod from 1 July 2006 to 30 June 2008, the
rebate workedout under subsection (2) must be reduced
proportionately.Example—A
billing period for a current invoice is from 1 May 2006 to 31
July2006. As there are 61 days out of a total of
91 days in the billing periodthat are not in
the period from 1 July 2006 to 30 June 2008, the rebateworked out under subsection (2) must be
reduced by a factor of 61/92.Reprint 6B
effective 24 June 2011Page 157
Rural
and Regional Adjustment Regulation 2000Schedule195Period of assistance(1)A rebate may be given for the fixed
water charges incurred inthe period from 1 July 2006 to 30 June
2008.(2)However,subsection(3)appliesif,inthefinancialyearstarting on 1 July 2007, there is an
announced allocation of50% or greater for a water
area.(3)Arebatecannot,forthewaterarea,begivenunderthisscheme for—(a)thefixedwaterchargestowhichtheannouncedallocation
relates; or(b)any other fixed water charges that are
imposed after theannounced allocation is made.196Payment of rebate(1)Payment of a rebate will be made to a
successful applicant’sbank account.(2)However,asuccessfulapplicantwhohasdemonstratedfinancial
hardship will receive a cheque for the rebate madepayable to—(a)the
relevant water service provider; or(b)thedepartmentinwhichtheWaterAct2000isadministered.197Applications(1)An
application for assistance must be—(a)made
on the application form approved by the authority;andEditor’s note—At
the commencement of this section, a copy of the applicationformwasavailableontheauthority’swebsiteat<www.qraa.qld.gov.au>.(b)accompanied by the documents stated on
the applicationform; andPage 158Reprint 6B effective 24 June
2011
Rural
and Regional Adjustment Regulation 2000Schedule(c)lodged with the authority.(2)Anapplicantgrantedassistanceunderthisschemeisnotrequired to lodge another application
for assistance.(3)Allapplicationsforassistanceunderthisschememustbereceived by the authority on or before
31 December 2008.198Deciding applicationsThe
authority must consider, and decide to approve or refuseto
approve, each application for assistance.Part 19AAdditional Irrigators FixedWater
Charges Rebate Scheme198AObjective of
schemeTheobjectiveofthisschemeistoprovideadditionalassistance to irrigators in areas where
water availability is orhas been low.198BNature of assistanceThenatureoftheassistancethatmaybegivenunderthisscheme is a rebate for the payment of fixed
water charges, orpart of the fixed water charges, incurred
for the period from 1July 2008 to 30 June 2009.198CDefinitions for pt 19AIn
this part—announced allocation, for a water
area—1Theannounced
allocation, for a water area, means theavailable water announced by the water
service providerfor the water area.Reprint 6B
effective 24 June 2011Page 159
Rural
and Regional Adjustment Regulation 2000Schedule2However, if—(a)the
water area is a part of a water supply scheme;and(b)thewateravailabilityannouncedbythewaterserviceproviderforthewatersupplyschemeisdifferent from the water availability
announced forthe part of the scheme;the available
water announced for the part of the schemeis theannounced allocationfor the water
area.3Forparagraphs1and2,areferencetoannouncingavailablewaterincludesareferencetodecidingavailable
water.applicantmeans a person
applying for assistance under thisscheme.billing period, for an invoice,
means the period for which thefixed water
charges for the invoice are payable.currentinvoicemeansaninvoice,givenquarterlyorhalf-yearlyforwaterchargesincurredintheperiodfrom1July 2008 to 30 June 2009, that the
authority is assessing for arebate.fixed water chargemeans the part of
a water charge that isintendedtorecoverthefixedcostsofoperatingandmaintaining water infrastructure in a water
area.irrigatormeansaruralwateruserwhoispayingwaterchargesfortakingwaterforprimaryproductionpurposes,other than for
stock or domestic purposes within the meaningof theWater Act 2000, schedule
4.successful applicantmeans a person
granted assistance underthis scheme.this
schememeans the scheme set out in this
part.thresholdtestoflowwateravailability,forawaterarea,means—(a)for the billing period for a current
invoice—Page 160Reprint 6B
effective 24 June 2011
Rural
and Regional Adjustment Regulation 2000Schedule(i)theannouncedallocationforthewaterareaat1July 2008 is not
more than 20%; and(ii)the announced allocation for the water
area at thestart of the billing period is not more than
20%; or(b)for a financial year in the 3
financial years immediatelybefore the billing period for a
current invoice—(i)theannouncedallocationforthewaterareaat1July 2008 is not
more than 20%; and(ii)the announced allocation for the water
area at 30June in the year is not more than
20%.water areameans a water
supply scheme within the meaningof theWater Act 2000, schedule 4, or
part of a water supplyscheme.water service
providersee theWater Act
2000, schedule 4.198DEligibility criteriaForanapplicanttobeeligibletoreceiveassistance,theapplicant must—(a)be an
irrigator; and(b)be liable to pay fixed water charges;
and(c)be any of the following—(i)acustomerofSunWaterpayingthefixedwaterchargesundertheRuralWaterPricingDirectionNotice (No. 01) 2006, gazetted on 14 July
2006 atpage 1187;(ii)a
customer of another water service provider; and(d)satisfy the threshold test of low water
availability for—(i)the billing period for a current
invoice; or(ii)afinancialyearinthe3financialyearsimmediately before the billing period for a
currentinvoice; andReprint 6B
effective 24 June 2011Page 161
Rural
and Regional Adjustment Regulation 2000Schedule(e)have paid the water charges incurred
from 1 July 2008unless the applicant can demonstrate
financial hardshipunder section 198E.198EFinancial hardship(1)Foranapplicanttodemonstratefinancialhardship,theapplication must be accompanied by—(a)evidencethattheapplicantistheholderofacurrenthealthcarecardundertheSocialSecurityAct1991(Cwlth);
or(b)acertificatefromasuitablyqualifiedpersonstatingthat—(i)the
applicant is unable to pay the total invoice forthecurrentwaterchargesbecauseoffinancialhardship;
and(ii)thecontinuationoftheapplicant’senterpriseforwhichthewaterchargesareincurredisindoubtbecauseoftheprolongeddroughtandthelowwater
availability.(2)In this section—suitably
qualified person—(a)generally, means
a person who—(i)has financial qualifications that
enable the personto give a certificate mentioned in
subsection (1)(b);and(ii)isamemberofaprofessionalassociationwhosemembers normally provide financial advice;
and(b)for an applicant for whom it is not
reasonably practicalto engage a person mentioned in paragraph
(a) becausethe applicant’s residence is not located
near a populatedarea, means a person who—(i)has experience in financial matters
because of theperson’soccupation,whetherornotthepersonPage 162Reprint 6B effective 24 June
2011
Rural
and Regional Adjustment Regulation 2000Schedulenormallyprovidesorprovidedfinancialadvice;andExamples—accountant, bank manager, tax agent(ii)is a member of a relevant professional
association.198FMaximum rebate amounts(1)Themaximumrebateunderthisschemeforasuccessfulapplicant is
$10000.(2)Subjecttosubsection(3),themaximumpercentageofthefixed water
charges for the applicant’s current invoice that willbe
given as a rebate to a successful applicant in a water areathat
satisfies the threshold test of low water availability in
theperiods stated is as follows—(a)for the billing period for the current
invoice and the 3financial years immediately before the
billing period forthe current invoice—100%;(b)for any 3 of the following—75%—(i)the billing period for the current
invoice;(ii)thefinancialyearimmediatelybeforethebillingperiod for the
current invoice (year 1);(iii)the financial
year immediately before year 1 (year2);(iv)the
financial year immediately before year 2 (year3);(c)for
any 2 of the following—50%—(i)the billing
period for the current invoice;(ii)year
1;(iii)year 2;(iv)year 3;(d)for
any 1 of the following—25%—(i)the billing
period for the current invoice;Reprint 6B
effective 24 June 2011Page 163
Rural
and Regional Adjustment Regulation 2000Schedule(ii)year 1;(iii)year
2;(iv)year 3.(3)If
part of a billing period for a current invoice is not in theperiod from 1 July 2008 to 30 June 2009, the
rebate workedout under subsection (2) must be reduced
proportionately.Example—A
billing period for a current invoice is from 1 May 2008 to 31
July2008. As there are 61 days out of a total of
91 days in the billing periodthat are not in
the period from 1 July 2008 to 30 June 2009, the rebateworked out under subsection (2) must be
reduced by a factor of 61/92.198GPeriod of assistance(1)A
rebate may be given for the fixed water charges incurred inthe
period from 1 July 2008 to 30 June 2009.(2)However,subsection(3)appliesif,inthefinancialyearstarting on 1 July 2008, there is an
announced allocation of50% or greater for a water
area.(3)Arebatecannot,forthewaterarea,begivenunderthisscheme for—(a)thefixedwaterchargestowhichtheannouncedallocation
relates; or(b)any other fixed water charges that are
imposed after theannounced allocation is made.198HPayment of rebate(1)Payment of a rebate will be made to a
successful applicant’sbank account.(2)However,asuccessfulapplicantwhohasdemonstratedfinancial
hardship will receive a cheque for the rebate madepayable to the relevant water service
provider.Page 164Reprint 6B
effective 24 June 2011
Rural
and Regional Adjustment Regulation 2000Schedule198IApplications(1)An
application for assistance must be—(a)made
on the application form approved by the authority;andEditor’s note—At
the commencement of this section, a copy of the applicationformwasavailableontheauthority’swebsiteat<www.qraa.qld.gov.au>.(b)accompanied by the documents stated on
the applicationform; and(c)given
to the authority.(2)Anapplicantgrantedassistanceunderthisschemeisnotrequired to again apply for
assistance.(3)Allapplicationsforassistanceunderthisschememustbereceived by the authority on or before
30 September 2009.198JDeciding applicationsThe
authority must consider, and decide to approve or refuseto
approve, each application for assistance.Part 20Drought Rate Rebate Scheme199Objective of schemeTheobjectiveoftheschemeistoassistprimaryproducerswho—(a)are dependent on primary production
enterprises in anEC area; and(b)havebeendetrimentallyaffectedbyexceptionalcircumstancesforwhichthe areabecameanECarea;andReprint 6B effective 24 June 2011Page
165
Rural
and Regional Adjustment Regulation 2000Schedule(c)havereceivedtheExceptionalCircumstancesReliefPayment administered by Centrelink
(theECRP).200Nature of assistanceThenatureoftheassistancethatmaybegivenunderthescheme is a rebate for the payment of rates
levied by a localgovernment on eligible land in the
eligibility period.201Definitions for pt 20In
this part—applicantmeansapersonapplyingforfinancialassistanceunder
the scheme.EC areameans an area
declared under an EC declaration.Editor’s
note—Atthecommencementofthisdefinition,informationaboutthedeclarationanddeclaredareawasavailableontheAustralianGovernment
Department of Agriculture, Fisheries and Forestry websiteat
<www.daff.gov.au>.ECdeclarationmeansadeclarationundertheRuralAdjustment Act
1992(Cwlth) of an area as an area
undergoingexceptional circumstances.ECRPsee section 199(c).eligibilityperiodmeanstheperiodfrom1July2006to30June 2008.eligiblelandmeansprimaryproductionlandoroff-farmresidentiallandforwhichratesmayberebatedunderthescheme.exceptionalcircumstancesmeanscircumstancesthathavedetrimentally affected a primary
producer’s income, leadingto financial difficulty.Example of exceptional circumstances—extended severe drought
conditionsoff-farmresidentiallandmeanslandotherthanprimaryproduction
land.Page 166Reprint 6B
effective 24 June 2011
Rural
and Regional Adjustment Regulation 2000Scheduleprimaryproducermeansanindividualwhospendsthemajorityoftheindividual’slabouron,andderivesthemajorityoftheindividual’sincomefrom,aprimaryproduction
enterprise.primary production enterprisemeans
a business that involvesprimary production, including, for
example, the agricultural,apicultural, aquacultural,
horticultural or pastoral industries.primaryproductionentitymeansapartnership,proprietarycompany, or trust
that is solely or mainly engaged in a primaryproduction
enterprise.primaryproductionlandmeanslandonwhichaprimaryproducerorprimaryproductionentitycarriesonaprimaryproduction enterprise.ratesincludesachargebutdoesnotincludeachargeforexcess water consumption or accrued interest
on overdue ratesor charges.relevant
interest, in primary production land, means—(a)a leasehold interest in the land;
or(b)a right under a share farming
agreement in relation tothe land.relevant
participant, in a primary production entity,
means—(a)iftheentityisapartnership—apartnerinthepartnership;
or(b)iftheentityisaproprietarycompany—apersonwhoholds
shares in the company; or(c)if the entity is
a trust—a trustee of the trust.schememeans
the scheme set out in this part.202Eligibility criteriaFor an applicant
to be eligible under the scheme for a rebateforpaymentofratesleviedonprimaryproductionlandoroff-farmresidentialland,theauthoritymustbesatisfiedthat—(a)the applicant is—Reprint 6B
effective 24 June 2011Page 167
Rural
and Regional Adjustment Regulation 2000Schedule(i)a primary producer; or(ii)aprimaryproductionentityinwhichaprimaryproducer is a
relevant participant; and(b)theapplicantownsorhasarelevantinterestintheprimary
production land; and(c)iftheapplicanthasarelevantinterestintheprimaryproduction land—the applicant is required to
pay ratesfor the land under the lease or share
farming agreementrelating to the land; and(d)the primary production land or
off-farm residential landis in the EC area or the buffer zone
declared under theEC declaration; and(e)rates
have been levied on the primary production land oroff-farm residential land in the eligibility
period; and(f)foranapplicantmentionedinparagraph(a)(i)—theapplicantwasreceivingtheECRPwithin90daysimmediately before the rates were
levied; and(g)foranapplicantmentionedinparagraph(a)(ii)—theprimaryproducerwasreceivingtheECRPwithin90days
immediately before the rates were levied; and(h)the
applicant has paid the rates; and(i)forarebateforthepaymentofratesleviedontheoff-farm
residential land—(i)the applicant owns the land;
and(ii)for an applicant mentioned in
paragraph (a)(i)—theapplicant’sprincipalplaceofresidenceisontheland; and(iii)foranapplicantmentionedinparagraph(a)(ii)—theprimaryproducer’sprincipalplaceofresidence is on the land; and(iv)thereisnohabitableresidenceontheprimaryproduction land mentioned in paragraph
(b).Page 168Reprint 6B
effective 24 June 2011
Rural
and Regional Adjustment Regulation 2000Schedule203Amount of assistanceThe
amount of assistance that may be given to an applicantunder
the scheme is a rebate of 50% of the rates paid by theapplicant.204TermsA rebate under
the scheme will be paid only for rates that anapplicanthaspaidunderaratesnoticegivenbyalocalgovernment in the
eligibility period.205Applications(1)An
application for assistance under the scheme must be—(a)made on the authority’s application
form; and(b)accompaniedbythedocumentsmentionedintheapplication
form.(2)Allapplicationsforassistanceundertheschememustbereceived by the authority on or before
30 September 2008.206Deciding applicationsThe
authority must consider, and decide to approve, or refuseto
approve, each application for assistance under the scheme.Part
21Queensland Commercial HorseSmall
Business EmergencyAssistance Scheme207Objective of schemeTheobjectiveoftheschemeistoassistownersofsmallbusinessesinQueenslandtomeetoperatingandotheressential costs
if the businesses—Reprint 6B effective 24 June 2011Page
169
Rural
and Regional Adjustment Regulation 2000Schedule(a)derive the majority of their income
from being part ofthe commercial horse industry; and(b)the equine influenza outbreak has
caused a significantdownturn in the businesses’ incomes.208Nature of assistanceThenatureoftheassistancethatmaybegivenunderthescheme is an interest subsidy for new or
existing commercialloans.209Definitions for pt 21In this
part—applicantmeansapersonapplyingforfinancialassistanceunder
the scheme.equineinfluenzaoutbreakmeanstheoutbreakofequineinfluenza,thesubjectoftherepealedExoticDiseasesinAnimals (Equine Influenza—Standstill Zone)
Notice 2007.Note—The
repealedExotic Diseases in Animals (Equine
Influenza—StandstillZone)Notice2007was made by the Minister, and
published in thegazette, on 26 August 2007.commercial horse industrymeans
the industry consisting ofbusinessesthatderiveincomefromactivities,orthatareconnectedwithcommercialactivities,involvinganimalsofthe
family Equidae.schememeans the scheme
set out in this part.significantdownturn,intheincomeofasmallbusiness,meansthesmallbusinesshasdifficulty,oris
likelytohavedifficulty,
meeting its financial commitments as a result of theequine influenza outbreak.small businessmeans either of
the following, having not morethan 100
employees—(a)a business that has an ABN and whose
principal place ofPage 170Reprint 6B
effective 24 June 2011
Rural
and Regional Adjustment Regulation 2000Schedulebusiness is in the State;(b)a corporation whose registered office
is in the State.210Eligibility criteriaForanapplicanttobeeligibletoreceiveassistance,theauthority must be satisfied that—(a)theapplicantowns,whetherassoleowner,inpartnershiporasaprivatecompany,andcurrentlyoperates a small
business; and(b)the small business—(i)was operating on 25 August 2007;
and(ii)obtainedatleast50%ofitsincome,forthefinancial year
starting on 1 July 2006, from beingpart of the
commercial horse industry; and(c)the
outbreak of equine influenza has caused a significantdownturn in the small business’s
income.211Period of assistanceThe
period for which an interest subsidy is given is 6 months.212Amount of assistance(1)The maximum interest subsidy that may
be given under thescheme to a small business is $5000.(2)The interest subsidy will be not more
than 50% of the interestpayableonneworexistingloansfortheperiodoftheassistance, if the lender’s rate is
competitive for the loan beingsubsidised.(3)Anyloansorassociatedcostsalreadysubsidisedunderanyother
Commonwealth or State assistance scheme must not beconsidered for support.Reprint 6B
effective 24 June 2011Page 171
Rural
and Regional Adjustment Regulation 2000Schedule213Terms(1)Payment of an interest subsidy for a loan
will be made—(a)aftertheauthorityhassecuredagreementfromthelender that the
lender will, for a period of at least 1 yearstarting on the
day the application is made, continue tosupport the
applicant; andExample of supporting the applicant—the lender completes the relevant
documents mentioned in theapplication form(b)subject to any other terms decided by the
authority.(2)An interest subsidy for a loan will be
paid to a bank accountnominated by the applicant.214Applications(1)An
application for assistance under the scheme must be—(a)made on the authority’s application
form; and(b)accompaniedbythedocumentsmentionedintheapplication
form.(2)Allapplicationsforassistanceundertheschememustbereceived by the authority on or before
31 March 2008.Note—It is intended to
carry out a review of the scheme on or before 31 March2008
todecide if there is an ongoing need for
assistance for smallbusinesses.215Deciding applicationsThe authority
must consider, and decide to approve, or refuseto approve, each
application for assistance under the scheme.Page 172Reprint 6B effective 24 June
2011
Part
22Rural and Regional Adjustment Regulation
2000ScheduleSpecial Disaster
FloodAssistance SchemeDivision 1Preliminary216Objective of schemeThe objective of
the scheme is to provide, under an agreementbetween the
Commonwealth and the State of 24 January 2008and an agreement
between the Commonwealth and the Stateof 22 February
2008, assistance toeligible business entitiesthat
have suffered direct damage caused by the flood event.217Purpose of assistance(1)The purpose of the assistance under
the scheme is to help aneligiblebusinessentitypayforcostsarisingoutofdirectdamage caused by the flood event.(2)However,assistanceundertheschemeisnotintendedtocompensateeligiblebusinessentitiesforlossessufferedbecause of the flood event.218Definitions for pt 22In
this part—applicantmeansapersonapplyingforassistanceunderthescheme.appropriateMinistermeanstheMinisterresponsibleforadministering theDisaster
Management Act 2003.eligiblebusinessentitymeansaprimaryproducerorsmallbusiness eligible
for assistance under the scheme.flood
eventmeans the floods, caused by monsoonal rains
inregional Queensland in January and February
2008, that haveaffected the prescribed disaster
areas.natural disaster relief and recovery
arrangementsmeans thefundingarrangementsagreedbetweentheCommonwealthReprint 6B
effective 24 June 2011Page 173
Rural
and Regional Adjustment Regulation 2000ScheduleandtheStateforprovidingfinancialassistancetocommunities affected by natural
disasters.Editor’s note—At
the commencement of this definition, the funding arrangements
weredescribed in the document called ‘Natural
disaster relief and recoveryarrangements—Communityrecoverypackageguidelines2007’published by the
Commonwealth Attorney-General’s Department andavailable on that
department’s website at <www.ema.gov.au>.prescribed
disaster areameans an area—(a)defined by the appropriate Minister for the
purpose ofactivatingthenaturaldisasterreliefandrecoveryarrangementsforcommunitiesaffectedbythefloodevent; and(b)describedinadocumentheldbytheauthorityandavailable for inspection by members of
the public.Editor’s note—Documentsdescribingtheprescribeddisasterareasarepublished on the authority’s website at
<www.qraa.qld.gov.au>.primaryproducermeansanindividualwhospendsthemajorityoftheindividual’slabourson,andderivesthemajorityoftheindividual’sincomefrom,aprimaryproduction
enterprise.primary production enterprisemeans
a business that involvesprimary production, including, for
example, the agricultural.aquacultural, horticultural or
pastoral industries.schememeans the scheme
under this part.small businesssee section
219.219Meaning ofsmall
business(1)Asmall
businessis a business that—(a)holds
an Australian Business Number; and(b)employs not more than—(i)20
full-time employees of the business; orPage 174Reprint 6B effective 24 June
2011
Rural
and Regional Adjustment Regulation 2000Schedule(ii)ifthebusinesshasemployeeswhodonotworkfull-time for the business—20 equivalent
full-timeemployees of the business.(2)A business is not asmall businessif the
business—(a)is a public company; or(b)is a charitable business that, under
the natural disasterrelief and recovery arrangements, is
eligible to receiveassistance to clean and restore the business
in relation todirect damage caused by the flood
event.(3)Also, a business is not asmall businessif—(a)the business is operated by a sole
owner; and(b)thebusinesshasnoemployees,otherthanthesoleowner; and(c)thesoleownerdoesnotderivethemajorityoftheowner’s income from the
business.(4)Forsubsection(1)(b),thenumberofequivalentfull-timeemployees of a business is worked out using
the formula—E = F + P / 35where—Emeans the number of equivalent
full-time employees of thebusiness.Fmeans
the number of full-time employees of the business.Pmeansthetotalnumberofhoursworkedeachweekbyemployees who do not work full-time for the
business.(5)In this section—charitable
businessmeans a business that does not operate
tomake a profit.public
companymeans a public company within the
meaningof the Corporations Act.Reprint 6B
effective 24 June 2011Page 175
Rural
and Regional Adjustment Regulation 2000ScheduleDivision 2General
provisions for scheme220Nature of
assistance(1)The nature of the assistance under the
scheme is the provisionof a grant to help eligible business
entities clean and restoretheir small businesses or primary
production enterprises thathave suffered direct damage caused by
the flood event.(2)In particular, assistance is to be
provided under the scheme tohelpaneligiblebusinessentitytocoverthecostsofthefollowing—(a)purchasing,hiringorleasingplant,equipmentormaterials—(i)to
clean premises or a property; or(ii)that
are essential to the immediate resumption offarming or other
business activities;(b)clearingordisposingofdebris,damagedgoodsorinjured or dead livestock;(c)repairing buildings other than houses,
and repairing orreplacing fencing on a property;(d)repairing or reconditioning essential
plant or equipment;(e)leasing temporary premises for the
purpose of resumingtrading;(f)engaging a person—(i)to
conduct a safety inspection of premises; or(ii)to
check the health of livestock or poultry;(g)purchasing fodder, or saving crops or feed
for stock;(h)payingwagestoanemployeeoftheentity,ifthepayment is more
than the wages ordinarily paid to theemployee.221Eligibility criteria—primary
producerAn applicant is eligible for assistance
under the scheme if—Page 176Reprint 6B
effective 24 June 2011
Rural
and Regional Adjustment Regulation 2000Schedule(a)the applicant is a primary producer;
and(b)the applicant’s primary production
enterprise is locatedin a prescribed disaster area;
and(c)theapplicantisprimarilyresponsibleformeetingthecosts
claimed in the application; and(d)theapplicantwasengagedintheprimaryproductionenterprisewhentheareainwhichtheenterpriseislocated became a prescribed disaster area;
and(e)theauthorityissatisfiedtheapplicantintendstore-establish the primary production
enterprise.222Eligibility criteria—small
businessAn applicant is eligible for assistance
under the scheme if—(a)theapplicantowns(whetherassoleowner,inpartnership or as a private company) a small
business;and(b)thesmallbusinessislocatedinaprescribeddisasterarea;
and(c)theapplicantisprimarilyresponsibleformeetingthecosts
claimed in the application; and(d)theapplicantwasengagedinconductingthebusinesswhen the area in
which the business is located became aprescribed
disaster area; and(e)theauthorityissatisfiedtheapplicantintendstore-establish the small
business.223Amount of assistanceThe
maximum amount of assistance that may be given to anapplicant under the scheme is $25000.Editor’s note—See
section 226 for special circumstances in which an applicant may
begiven more than the stated maximum
amount.Reprint 6B effective 24 June 2011Page
177
Rural
and Regional Adjustment Regulation 2000Schedule224Special requirement for particular
assistance(1)An applicant is eligible for
assistance of more than $10000under the scheme
only if the applicant provides evidence totheauthority,intheformofreceiptsforpaymentortaxinvoices, that all amounts claimed by
the applicant under thescheme have been paid or incurred by
the applicant.(2)Subsection(1)appliestoanapplicanteveniftheapplicantmakes
more than 1 application under the scheme.Example—An applicant might make a claim under
the scheme for $10000 and thenmake a second
claim for $5000. The applicant is not eligible for thefurther assistance of $5000 unless the
applicant provides evidence to theauthority, in the
form of receipts for payment or tax invoices, that thetotalamountof$15000claimedhasbeenpaidorincurredbytheapplicant.225Conditions(1)An
applicant may apply for assistance under the scheme in theapplicant’s capacity as a primary producer
or a small business,but not both.(2)Paymentofassistanceundertheschemeissubjecttothefollowing conditions—(a)anapplicantmust,until31August2009,keepallreceipts,
invoices or other evidence of amounts paid orcostsincurredinrelationtowhichtheapplicanthasreceived assistance under the scheme;(b)anapplicantmustconsenttotheauthorityobtaininginformationordocumentsfromaninsureroftheapplicant’sprimaryproductionenterpriseorsmallbusinessforthepurposeofallowingtheauthoritytoverify,inrelationtotheapplicantbeinggrantedmorethan$10000underthescheme,theapplicant’sentitlementsunderaninsurancepolicytakenoutwiththe insurer;(c)an
applicant must consent to the authority conducting anauditofthereceipts,invoicesorotherevidencementioned in paragraph (a) for the purpose
of allowingPage 178Reprint 6B
effective 24 June 2011
Rural
and Regional Adjustment Regulation 2000Scheduletheauthoritytoverifythatamountsgiventotheapplicantundertheschemehavebeenusedinaccordance with the claim for
assistance.(3)Paymentofassistanceundertheschemeissubjecttoanyotherconditionsdecidedbytheauthority,including,forexample,conditionsrequiringtheapplicanttogivetotheauthorityevidencetoshowthedirectdamageinrelationtowhich
an application is made.226Special provision
for particular applications(1)This section
applies if—(a)an eligible business entity operates
more than 1 businessorprimaryproductionenterprise(eachaseparatebusiness) at
separate locations; and(b)theauthorityissatisfiedaseparatebusinessisacommercial entity
that would be a commercially viableandautonomousbusiness(aneligibleseparatebusiness)ifotherbusinessesoperatedbytheeligiblebusiness entity
ceased to operate.(2)Theeligiblebusinessentitymayapplyforassistanceundertheschemeforeacheligibleseparatebusinessasifeachbusinesswereaseparateprimaryproductionenterpriseorsmall
business in relation to which the applicant is eligible forassistance under the scheme.(3)Despite section 223, the maximum
amount of assistance thatmaybegivenforeacheligibleseparatebusinessunderthescheme is $25000.(4)Forsubsection(1)(b),theauthoritymayhaveregardtothefollowing—(a)the
staffing arrangements of the separate business;(b)whetherthebusinesshasitsownplant,equipmentorstock;(c)theaccountingandinsurancearrangementsofthebusiness;Reprint 6B
effective 24 June 2011Page 179
Rural
and Regional Adjustment Regulation 2000Schedule(d)whetherthebusinessoperatesunderitsowntradingname.(5)Subsection(4)doesnotlimitthematterstowhichtheauthority may have regard.227Special provision about
insurance(1)This section applies if an applicant
receives, or is entitled toreceive, an amount (aninsurance amount) under a policy
ofinsurance relating to direct damage caused
by the flood event.(2)Theapplicantisnoteligibletoreceiveagrantunderthescheme to cover particular costs of
cleaning and restoring aprimaryproductionenterpriseorsmallbusinessiftheapplicantreceives,orisentitledtoreceive,aninsuranceamount to cover
the costs.(3)However,thissectiondoesnotapplyinrelationtothefirst$10000anapplicantreceivesundertheschemefortheprimary production enterprise or small
business.228Applications(1)An
application for assistance under the scheme must—(a)be made on the authority’s application
form; and(b)beaccompaniedbythedocumentationstatedontheapplication;
and(c)be given to the authority.(2)Anapplicationforassistanceundertheschememustbereceived by the authority no later
than 31 August 2008.229Deciding applicationsThe
authority must consider, and decide to approve or refuseto
approve, each application for assistance under the scheme.Page
180Reprint 6B effective 24 June
2011
Part
23Rural and Regional Adjustment Regulation
2000ScheduleSmart Energy
Savings FundScheme230Definitions for pt 23In this
part—non-profitorganisationmeansanorganisationthatisnotcarried on for
the profit or gain of its individual members.Example of
entities that may be non-profit organisations—charities, churches, clubs, environment
protection societiesschememeans the scheme
set out in this part.SmartEnergySavingsFundmeansthefundofthatnameestablishedbythedepartmentinwhichtheElectricityAct1994isadministeredtoassistbusinessesornon-profitorganisations to
invest in commercial energy savings projectsin
Queensland.231Objective of schemeTheobjectiveoftheschemeistoprovide,andadministermattersabout,loansmadefromtheSmartEnergySavingsFund.Note—Under the Smart
Energy Savings Fund, a person may receive funding asa
loan or grant. Under this scheme, the authority will administer
mattersabout loans made from the Smart Energy
Savings Fund.232Purpose of assistanceThepurposeofassistanceundertheschemeistohelpbusinessesornon-profitorganisationstoimproveenergyefficiency in buildings, appliances and
industrial processes inQueensland.Reprint 6B
effective 24 June 2011Page 181
Rural
and Regional Adjustment Regulation 2000Schedule233Nature of assistanceThenatureofassistanceundertheschemeisloansatnointerest or low rates of
interest.234Eligibility criteria(1)Forapersontobeeligibletoreceiveassistanceunderthescheme, the person must be an applicant for
funding from theSmart Energy Savings Fund who—(a)the relevant Minister is satisfied
meets the requirementsof a probity and due diligence
assessment of the personcarried out by the authority;
and(b)has been advised by the relevant
Minister that a loan tothe person from the fund has been
approved.(2)In this section—relevantMinistermeanstheMinisteradministeringtheElectricity Act 1994.Part
24Queensland Renewable EnergyFund
Scheme235Definitions for pt 23In
this part—Queensland Renewable Energy Fundmeans
the fund of thatname established by the department in which
theElectricityAct 1994is
administered to assist businesses to develop anddeployrenewableenergygenerationtechnologiesinQueensland.schememeans
the scheme set out in this part.Page 182Reprint 6B effective 24 June
2011
Rural
and Regional Adjustment Regulation 2000Schedule236Objective of schemeTheobjectiveoftheschemeistoprovide,andadministermattersabout,loansmadefromtheQueenslandRenewableEnergy Fund.237Purpose of assistanceThepurposeofassistanceundertheschemeistohelpbusinessestodevelopanddeployinnovativeenergygeneration
projects in Queensland.238Nature of
assistanceThenatureofassistanceundertheschemeisloansatnointerest or low rates of
interest.239Eligibility criteria(1)Forapersontobeeligibletoreceiveassistanceunderthescheme, the person must be an applicant for
funding from theQueensland Renewable Energy Fund who—(a)the relevant Minister is satisfied
meets the requirementsof a probity and due diligence
assessment of the personcarried out by the authority;
and(b)has been advised by the relevant
Minister that a loan tothe person from the fund has been
approved.(2)In this section—relevantMinistermeanstheMinisteradministeringtheElectricity Act 1994.Reprint 6B effective 24 June 2011Page
183
Rural
and Regional Adjustment Regulation 2000SchedulePart
25Moreton Bay Marine ParkStructural
Adjustment PackageScheme240Definitions for pt 25In this
part—eligiblefishinglicencemeansacommercialfishingboatlicenceorcommercialharvestfisherylicenceundertheFisheries Act 1994that may be
surrendered to the State underthe structural
adjustment package.relevantchiefexecutivemeansthechiefexecutiveofthedepartmentinwhichtheMarineParksAct2004isadministered.schememeans
the scheme set out in this part.structuraladjustmentpackagemeanstheMoretonBayMarineParkStructuralAdjustmentPackageestablishedbythedepartmentinwhichtheMarineParksAct2004isadministered to minimise the impacts on
commercial fisherslikely to arise because of the operation of
theMarineParks(Moreton Bay) Zoning Plan 2008.Editor’s note—Details of the structural adjustment package
are available for inspectionon the website of
the department in which theMarine Parks Act
2004isadministered.241Objective of schemeTheobjectiveoftheschemeistoprovidepayments,andadministermatters,inrelationtothesurrenderofeligiblefishinglicencestotheStateunderthestructuraladjustmentpackage.242Purpose of assistanceThe purpose of
assistance under the scheme is to minimise theimpacts on
commercial fishers likely to arise because of thePage
184Reprint 6B effective 24 June
2011
Rural
and Regional Adjustment Regulation 2000ScheduleoperationoftheMarineParks(MoretonBay)ZoningPlan2008byprovidingpaymentforthesurrenderofeligiblefishing licences
to the State.243Nature of assistanceThe
nature of assistance under the scheme is the payment ofan
amount to the holder of an eligible fishing licence for thesurrenderofthelicencetotheStateunderthestructuraladjustment
package.244Eligibility criteriaForapersontobeeligibletoreceiveassistanceunderthescheme, the person must be the holder of an
eligible fishinglicence who—(a)the
relevant chief executive—(i)is satisfied
meets the eligibility criteria under thestructuraladjustmentpackageforparticipatinginthe
scheme; and(ii)decides may surrender the eligible
fishing licenceunder the structural adjustment package;
and(b)has been advised by the authority of
the relevant chiefexecutive’s decision.245Administrative functions of authority(1)Particular administrative functions of
the authority under thescheme include the following—(a)verifyingandcompilingrelevantinformationaboutafishinglicenceproposedtobesurrenderedunderthestructural adjustment package;(b)advising persons seeking to surrender
a fishing licenceunder the structural adjustment package of
the relevantchief executive’s decision about the
proposed surrender;Reprint 6B effective 24 June 2011Page
185
Rural
and Regional Adjustment Regulation 2000Schedule(c)providingpaymenttotheholdersofeligiblefishinglicencessurrenderedtotheState,andcoordinatingmatters relevant
to providing the payment.(2)In this
section—fishing licencemeans a licence
issued, and in force, under theFisheries Act
1994.Part 26Special Disaster
FloodAssistance—TC Charlotte - TCEllie
SchemeDivision 1Preliminary246Definitions for pt 26In this
part—applicantmeansapersonapplyingforassistanceunderthescheme.eligiblebusinessentitymeansaprimaryproducerorsmallbusiness eligible
for assistance under the scheme.floodeventmeansthefloodscausedbyTCCharlotte,TCEllie and monsoonal rains in regional
Queensland in JanuaryandFebruary2009thathaveaffectedtheprescribedlocalgovernment areas.natural disaster
relief and recovery arrangementsmeans thefundingarrangementsagreedbetweentheCommonwealthandtheStateforprovidingfinancialassistancetocommunities affected by natural
disasters.Editor’s note—At
the commencement of this definition, the funding arrangements
weredescribed in the document called ‘Natural
disaster relief and recoveryarrangements—Communityrecoverypackageguidelines2007’Page 186Reprint 6B effective 24 June
2011
Rural
and Regional Adjustment Regulation 2000Schedulepublished by the Commonwealth
Attorney-General’s Department andavailable on that
department’s website at <www.ema.gov.au>.prescribedlocalgovernmentareameansthelocalgovernment area
of any of the following local governments—(a)Burke
Shire Council;(b)Carpentaria Shire Council;(c)Cloncurry Shire Council;(d)Croydon Shire Council;(e)Doomadgee Aboriginal Shire
Council;(f)Etheridge Shire Council;(g)Hinchinbrook Shire Council;(h)McKinlay Shire Council;(i)Richmond Shire Council.primaryproducermeansanindividualwhospendsthemajorityoftheindividual’slabourson,andderivesthemajorityoftheindividual’sincomefrom,aprimaryproduction
enterprise.primary production enterprisemeans
a business that involvesprimary production, including, for
example, the agricultural.aquacultural, horticultural or
pastoral industries.schememeans the scheme
under this part.small businesssee section
249.TC Charlottemeans the cyclone
known as Tropical CycloneCharlottethataffectedcertaincommunitiesinnorthQueensland in
January 2009.TC Elliemeans the cyclone
known as Tropical Cyclone ElliethataffectedcertaincommunitiesinnorthQueenslandinFebruary 2009.247Objective of schemeThe objective of
the scheme is to provide, under the naturaldisasterreliefandrecoveryarrangementsandanagreementReprint 6B
effective 24 June 2011Page 187
Rural
and Regional Adjustment Regulation 2000Schedulebetween the Commonwealth and the State of 15
June 2009,assistance to eligible business entities
that have suffered directdamage caused by the flood
event.248Purpose of assistance(1)The purpose of the assistance under
the scheme is to help aneligiblebusinessentitypayforcostsarisingoutofdirectdamage caused by the flood event.(2)However,assistanceundertheschemeisnotintendedtocompensateeligiblebusinessentitiesforlossessufferedbecause of the flood event.249Meaning ofsmall
business(1)Asmall
businessis a business that—(a)holds
an Australian Business Number; and(b)employs not more than—(i)20
full-time employees of the business; or(ii)ifthebusinesshasemployeeswhodonotworkfull-time for the business—20 equivalent
full-timeemployees of the business.(2)A business is not asmall businessif the business
is a publiccompany within the meaning of the
Corporations Act.(3)Also, a business is not asmall businessif—(a)the business is operated by a sole
owner; and(b)thebusinesshasnoemployees,otherthanthesoleowner; and(c)thesoleownerdoesnotderivethemajorityoftheowner’s income from the
business.(4)For subsection (1)(b)(ii), the number
of equivalent full-timeemployees of a business is worked out
using the formula—E = F + P / 35where—Page
188Reprint 6B effective 24 June
2011
Rural
and Regional Adjustment Regulation 2000ScheduleEmeans the number of equivalent
full-time employees of thebusiness.Fmeans
the number of full-time employees of the business.Pmeansthetotalnumberofhoursworkedeachweekbyemployees who do not work full-time for the
business.Division 2General
provisions for scheme250Nature of
assistance(1)The nature of the assistance under the
scheme is the provisionof a grant to help eligible business
entities clean and restoretheir small businesses or primary
production enterprises thathave suffered direct damage caused by
the flood event.(2)In particular, assistance is to be
provided under the scheme tohelpaneligiblebusinessentitytocoverthecostsofthefollowing—(a)purchasing,hiringorleasingplant,equipmentormaterials—(i)to
clean premises or a property; or(ii)that
are essential to the immediate resumption offarming or other
business activities;(b)clearingordisposingofdebris,damagedgoodsorinjured or dead livestock;(c)repairing and restoring fields;(d)repairingandrestoringthebedandbanksofawatercourse;(e)repairing buildings other than houses, and
repairing orreplacing fencing on a property;(f)repairing or reconditioning essential
plant or equipment;(g)repairingroadsandinfrastructureessentialtotheoperation of the
entity’s primary production enterpriseor small
business—Reprint 6B effective 24 June 2011Page
189
Rural
and Regional Adjustment Regulation 2000Schedule(i)whether or not the road or
infrastructure is ownedby the entity; and(ii)whethertheentityiscontributingthewholeorapart of the repair costs;(h)leasing temporary premises for the
purpose of resumingtrading;(i)engaging a person—(i)to
conduct a safety inspection of premises; or(ii)to
check the health of livestock or poultry;(j)payingwagestoanemployeeoftheentity,ifthepayment is more
than the wages ordinarily paid to theemployee.251Eligibility criteria—primary
producerAn applicant is eligible for assistance
under the scheme if—(a)the applicant is a primary producer;
and(b)theapplicant’sprimaryproductionenterprisehassuffered direct damage as a result of
the flood event; and(c)the applicant’s primary production
enterprise is locatedin a prescribed local government area;
and(d)theapplicantisprimarilyresponsibleformeetingthecosts
claimed in the application; and(e)theapplicantwasengagedintheprimaryproductionenterprise when the prescribed local
government area inwhich the enterprise is located was affected
by the floodevent; and(f)theauthorityissatisfiedtheapplicantintendstore-establish the primary production
enterprise.252Eligibility criteria—small
businessAn applicant is eligible for assistance
under the scheme if—Page 190Reprint 6B
effective 24 June 2011
Rural
and Regional Adjustment Regulation 2000Schedule(a)theapplicantowns(whetherassoleowner,inpartnership or as a private company) a small
business;and(b)theapplicant’ssmallbusinesshassuffereddirectdamage as a result of the flood event;
and(c)thesmallbusinessislocatedinaprescribedlocalgovernment area; and(d)theapplicantisprimarilyresponsibleformeetingthecosts
claimed in the application; and(e)theapplicantwasengagedinconductingthebusinesswhen the
prescribed local government area in which thebusiness is
located was affected by the flood event; and(f)theauthorityissatisfiedtheapplicantintendstore-establish the small
business.253Special requirement for
assistance(1)An applicant is eligible for
assistance under the scheme onlyiftheapplicantprovidesevidencetotheauthoritythatallamounts claimed by the applicant under
the scheme have beenpaid by the applicant.(2)However,iftheapplicantdemonstratesfinancialhardshipunder section
254—(a)subsection (1) does not apply;
and(b)the applicant is eligible for
assistance under the schemeonly if the applicant provides
evidence to the authority,intheformofquotationsforwork,equipmentormaterials,thatallamountsclaimedbytheapplicantunder
the scheme are needed for cleaning and restoringtheapplicant’ssmallbusinessorprimaryproductionenterprise.254Financial hardship(1)To
demonstrate financial hardship for the purposes of section253(2),anapplicationforassistancemustbeaccompaniedby—Reprint 6B effective 24 June 2011Page
191
Rural
and Regional Adjustment Regulation 2000Schedule(a)evidencethattheapplicantistheholderofacurrenthealthcarecardundertheSocialSecurityAct1991(Cwlth);
or(b)acertificatefromasuitablyqualifiedpersonstatingthat—(i)the
applicant can not pay the amounts claimed inthe application
because of financial hardship; and(ii)thecontinuationoftheapplicant’sprimaryproduction enterprise or small business is
in doubtbecausetheapplicantcannotpaytheamountsclaimed.(2)In this section—suitably
qualified personmeans—(a)generally, a person who—(i)has
financial qualifications that enable the personto give a
certificate mentioned in subsection (1)(b);and(ii)isamemberofaprofessionalassociationwhosemembers normally provide financial advice;
and(b)for an applicant for whom it is not
reasonably practicaltoengageapersonmentionedinparagraph(a),including,forexample,becausetheapplicant’sresidence is not
located near a populated area, a personwho—(i)has experience in financial matters
because of theperson’soccupation,whetherornotthepersonnormallyprovidesorprovidedfinancialadvice;andExamples—accountant, bank manager, tax agent(ii)is a member of a relevant professional
association.Page 192Reprint 6B
effective 24 June 2011
Rural
and Regional Adjustment Regulation 2000Schedule255Amount of assistanceThe
maximum amount of assistance that may be given to anapplicant under the scheme is $15000.Note—See section 257
for special circumstances in which an applicant may begiven
more than the stated maximum amount.256Conditions(1)An
applicant may apply for assistance under the scheme in theapplicant’s capacity as a primary producer
or a small business,but not both.(2)Paymentofassistanceundertheschemeissubjecttothefollowing conditions—(a)anapplicantmustconsenttotheauthorityobtaininginformationordocumentsfromaninsureroftheapplicant’sprimaryproductionenterpriseorsmallbusinessforthepurposeofallowingtheauthoritytoverifytheapplicant’sentitlementsunderaninsurancepolicy taken out
with the insurer;(b)an applicant must consent to the
authority conducting anauditoftheapplicant’sreceipts,invoicesorotherevidence relevant
to the applicant’s claim for assistance,for the purpose
of allowing the authority to verify—(i)theinformationprovidedbytheapplicantintheclaim for
assistance; and(ii)whether amounts given to the applicant
under theschemehavebeenusedinaccordancewiththeclaim for assistance.(3)Paymentofassistanceundertheschemeissubjecttoanyotherconditionsdecidedbytheauthority,including,forexample,conditionsrequiringtheapplicanttogivetotheauthority the following—(a)evidenceofthedirectdamageinrelationto whichanapplication is made;Reprint 6B effective 24 June 2011Page
193
Rural
and Regional Adjustment Regulation 2000Schedule(b)evidence that the majority of the
applicant’s income isderivedfromtheapplicant’sprimaryproductionenterprise or
small business.257Special provision for particular
applications(1)This section applies if—(a)an eligible business entity operates
more than 1 businessorprimaryproductionenterprise(eachaseparatebusiness) at
separate locations; and(b)theauthorityissatisfiedaseparatebusinessisacommercial entity
that would be a commercially viableandautonomousbusiness(aneligibleseparatebusiness)ifotherbusinessesoperatedbytheeligiblebusiness entity
ceased to operate.(2)Theeligiblebusinessentitymayapplyforassistanceundertheschemeforeacheligibleseparatebusinessasifeachbusinesswereaseparateprimaryproductionenterpriseorsmallbusinessforwhichtheapplicantiseligibleforassistance under the scheme.(3)Despite section 255, the maximum
amount of assistance thatmaybegivenforeacheligibleseparatebusinessunderthescheme is $15000.(4)Forsubsection(1)(b),theauthoritymayhaveregardtothefollowing—(a)the
staffing arrangements of the separate business;(b)whetherthebusinesshasitsownplant,equipmentorstock;(c)theaccountingandinsurancearrangementsofthebusiness;(d)whetherthebusinessoperatesunderitsowntradingname.(5)Subsection(4)doesnotlimitthematterstowhichtheauthority may have regard.Page
194Reprint 6B effective 24 June
2011
Rural
and Regional Adjustment Regulation 2000Schedule258Special provision about
insurance(1)This section applies if an applicant
receives, or is entitled toreceive, an amount (aninsurance amount) under a policy
ofinsurance relating to direct damage caused
by the flood event.(2)Theapplicantisnoteligibletoreceiveagrantunderthescheme to cover particular costs of
cleaning and restoring aprimaryproductionenterpriseorsmallbusinessiftheapplicantreceives,orisentitledtoreceive,aninsuranceamount to cover
the costs.259Applications(1)An
application for assistance under the scheme must—(a)be made on the authority’s application
form; and(b)beaccompaniedbythedocumentationstatedontheapplication;
and(c)be given to the authority.(2)Anapplicationforassistanceundertheschememustbereceived by the authority no later
than 30 November 2009.260Deciding
applicationsThe authority must consider, and decide to
approve or refuseto approve, each application for assistance
under the scheme.Reprint 6B effective 24 June 2011Page
195
Rural
and Regional Adjustment Regulation 2000SchedulePart
27Special Disaster FloodAssistance (March
2010)SchemeDivision 1Preliminary261Objective of schemeThe objective of
the scheme is to provide, under an agreementbetween the
Commonwealth and the State of 9 March 2010,assistance to
eligible business entities that have suffered directdamage caused by the flood event.262Purpose of assistance(1)The purpose of the assistance under
the scheme is to help aneligiblebusinessentitypayforcostsarisingoutofdirectdamage caused by the flood event.(2)However,assistanceundertheschemeisnotintendedtocompensateeligiblebusinessentitiesforlossessufferedbecause of the flood event.263Definitions for pt 27In
this part—applicantmeansapersonapplyingforassistanceunderthescheme.appropriateMinistermeanstheMinisterresponsibleforadministering theDisaster
Management Act 2003.eligiblebusinessentitymeansaprimaryproducerorsmallbusiness eligible
for assistance under the scheme.flood
eventmeans the floods, caused by monsoonal rains
inregionalQueenslandinMarch2010,thathaveaffectedtheprescribed (March 2010) flood disaster
areas.Page 196Reprint 6B
effective 24 June 2011
Rural
and Regional Adjustment Regulation 2000Schedulenatural disaster relief and recovery
arrangementsmeans thefundingarrangementsagreedbetweentheCommonwealthandtheStateforprovidingfinancialassistancetocommunities affected by natural
disasters.Editor’s note—At
the commencement of this definition, the funding arrangements
weredescribed in the document called ‘Natural
disaster relief and recoveryarrangements—Communityrecoverypackageguidelines2007’availableontheCommonwealthAttorney-General’sDepartmentwebsite at <www.ema.gov.au>.official receiptmeans a receipt
including—(a)thenameandaddressoftheentitythatissuedthereceipt; and(b)iftheentityhasanAustralianBusinessNumber—theAustralian Business Number; and(c)a description of each item to which
the receipt relates.prescribed (March 2010) flood disaster
areameans an area—(a)defined by the appropriate Minister for the
purpose ofactivatingthenaturaldisasterreliefandrecoveryarrangementsforcommunitiesaffectedbythefloodevent; and(b)describedinadocumentheldbytheauthorityandavailable for inspection by members of
the public.Editor’s note—Documentsdescribingtheprescribed(March2010)flooddisasterareasarepublishedontheauthority’swebsiteat<www.qraa.qld.gov.au>.primaryproducermeansanindividualwhospendsthemajorityoftheindividual’slabourson,andderivesthemajorityoftheindividual’sincomefrom,aprimaryproduction
enterprise.primary production enterprisemeans
a business that involvesprimary production, including, for
example, the agricultural,aquacultural, horticultural or
pastoral industries.Reprint 6B effective 24 June
2011Page 197
Rural
and Regional Adjustment Regulation 2000Scheduleschememeans the scheme
under this part.small businesssee section
264.264Meaning ofsmall
business(1)Asmall
businessis a business that—(a)holds
an Australian Business Number; and(b)employs less than—(i)20
full-time employees; or(ii)ifthebusinesshasemployeeswhodonotworkfull-time for the business—20 equivalent
full-timeemployees.(2)A
business is not asmall businessif the
business—(a)is a public company; or(b)is a charitable business that, under
the natural disasterrelief and recovery arrangements, is
eligible to receiveassistance to clean and restore the business
in relation todirect damage caused by the flood
event.(3)Also, a business is not asmall businessif—(a)the business is operated by a sole
owner; and(b)thebusinesshasnoemployees,otherthanthesoleowner; and(c)thesoleownerdoesnotderivethemajorityoftheowner’s income from the
business.(4)Forsubsection(1)(b),thenumberofequivalentfull-timeemployees of a business is worked out using
the formula—E = F + P / 35where—Emeans the number of equivalent
full-time employees of thebusiness.Fmeans
the number of full-time employees of the business.Page
198Reprint 6B effective 24 June
2011
Rural
and Regional Adjustment Regulation 2000SchedulePmeansthetotalnumberofhoursworkedeachweekbyemployees who do not work full-time for the
business.(5)In this section—charitable
businessmeans a business that does not operate
tomake a profit.public
companymeans a public company within the
meaningof the Corporations Act.Division 2General provisions for scheme265Nature of assistance(1)The nature of the assistance under the
scheme is the provisionof a grant to help eligible business
entities clean and restoretheir small businesses or primary
production enterprises thathave suffered direct damage caused by
the flood event.(2)In particular, assistance is to be
provided under the scheme tohelpaneligiblebusinessentitytocoverthecostsofthefollowing—(a)purchasing,hiringorleasingplant,equipmentormaterials—(i)to
clean premises or a property; or(ii)that
are essential to the immediate resumption offarming or other
business activities;(b)engaging a person to clean premises or
a property;(c)clearingordisposingofdebris,damagedgoodsorinjured or dead livestock;(d)repairing and restoring fields;(e)repairing buildings other than
houses;(f)repairing or replacing fencing on a
property;(g)repairing or reconditioning essential
plant or equipment;(h)repairingorreplacingfittingsinbuildingsotherthanhouses, if repairing or replacing the
fittings is essentialReprint 6B effective 24 June
2011Page 199
Rural
and Regional Adjustment Regulation 2000Scheduletotheimmediateresumptionoffarmingorotherbusiness
activities;Examples—repairing electrical wiring or replacing
floor coverings(i)repairingroadsandinfrastructureessentialtotheoperation of the
entity’s primary production enterpriseor small
business;(j)leasing temporary premises for the
purpose of resumingtrading;(k)purchasing fodder, or saving crops or feed
for livestock;(l)maintaining the health of livestock or
poultry;(m)replacing lost or damaged stock, other
than livestock, ifreplacementofthestockis
essentialtotheimmediateresumption of farming or other business
activities;(n)engagingapersontoconductasafetyinspectionofpremises;(o)payingwagestoanemployeeoftheentity,ifthepayment is more
than the wages that would ordinarilyhave been paid to
the employee.266Eligibility criteria—primary
producerAn applicant is eligible for assistance
under the scheme if—(a)the applicant is a primary producer;
and(b)theapplicant’sprimaryproductionenterprisehassuffered direct damage as a result of
the flood event; and(c)the applicant’s primary production
enterprise is locatedin a prescribed (March 2010) flood
disaster area; and(d)theapplicantisprimarilyresponsibleformeetingthecosts
claimed in the application; and(e)theapplicantwasengagedintheprimaryproductionenterprisewhentheareainwhichtheenterpriseislocatedbecameaprescribed(March2010)flooddisaster area; andPage 200Reprint 6B effective 24 June
2011
Rural
and Regional Adjustment Regulation 2000Schedule(f)theauthorityissatisfiedtheapplicantintendstore-establish the primary production
enterprise.267Eligibility criteria—small
businessAn applicant is eligible for assistance
under the scheme if—(a)theapplicantowns(whetherassoleowner,inpartnership or as a private company) a small
business;and(b)theapplicant’ssmallbusinesshassuffereddirectdamage as a result of the flood event;
and(c)thesmallbusinessislocatedinaprescribed(March2010)
flood disaster area; and(d)theapplicantisprimarilyresponsibleformeetingthecosts
claimed in the application; and(e)theapplicantwasengagedinconductingthebusinesswhen the area in
which the business is located became aprescribed (March
2010) flood disaster area; and(f)theauthorityissatisfiedtheapplicantintendstore-establish the small
business.268Special requirement for particular
assistance(1)Anapplicantiseligibleforassistanceofmorethan$5000under
the scheme only if—(a)the applicant provides evidence to the
authority, in theformoftaxinvoices,officialreceiptsforpaymentorbankstatements,thatallamountsclaimedbytheapplicantundertheschemehavebeenpaidbytheapplicant; or(b)theapplicantdemonstratesfinancialhardshipundersection269andprovidesevidencetotheauthority,inthe form of quotations for work,
equipment or materials,thatallamountsclaimedbytheapplicantundertheschemeareneededforcleaningandrestoringtheapplicant’ssmallbusinessorprimaryproductionenterprise.Reprint 6B
effective 24 June 2011Page 201
Rural
and Regional Adjustment Regulation 2000Schedule(2)Subsection(1)appliestoanapplicanteveniftheapplicantmakes
more than 1 application under the scheme.Example—An applicant makes a claim under the
scheme for $5000 for a smallbusiness and
makes a second claim for $4000. The applicant is noteligible for the further assistance of $4000
unless the applicant providesthe evidence to
the authority as required under the scheme that the totalamount of $9000 claimed has either been paid
by the applicant or, if theapplicanthasdemonstratedhardship,isnecessaryforcleaningandrestoring the small business.269Financial hardship(1)Todemonstratefinancialhardshipforsection268(1)(b),anapplication for assistance must be
accompanied by—(a)evidencethattheapplicantistheholderofacurrenthealthcarecardundertheSocialSecurityAct1991(Cwlth);
or(b)acertificatefromasuitablyqualifiedpersonstatingthat—(i)the
applicant can not pay the amounts claimed inthe application
because of financial hardship; and(ii)thecontinuationoftheapplicant’sprimaryproduction enterprise or small business is
in doubtbecausetheapplicantcannotpaytheamountsclaimed.(2)In this section—suitably
qualified personmeans—(a)generally, a person who—(i)has
financial qualifications that enable the personto give a
certificate mentioned in subsection (1)(b);and(ii)isamemberofaprofessionalassociationwhosemembers normally provide financial advice;
and(b)for an applicant for whom it is not
reasonably practicaltoengageapersonmentionedinparagraph(a),Page
202Reprint 6B effective 24 June
2011
Rural
and Regional Adjustment Regulation 2000Scheduleincluding,forexample,becausetheapplicant’sresidence is not
located near a populated area, a personwho—(i)has experience in financial matters
because of theperson’soccupation,whetherornotthepersonnormallyprovidesorprovidedfinancialadvice;andExamples—accountant, bank manager, tax agent(ii)is a member of a relevant professional
association.270Amount of assistanceThe
maximum amount of assistance that may be given to anapplicant under the scheme is $25000.Note—See section 272
for special circumstances in which an applicant may begiven
more than the stated maximum amount.271Conditions(1)An
applicant may apply for assistance under the scheme in theapplicant’s capacity as a primary producer
or a small business,but not both.(2)Paymentofassistanceundertheschemeissubjecttothefollowing conditions—(a)anapplicantmust,until30June2012,keepthefollowing records
for amounts for which the applicanthas received
assistance under the scheme—(i)all
tax invoices, official receipts, bank statementsor
other similar records of amounts paid;(ii)all
quotations or other similar records of amountsclaimed;(b)anapplicantmustconsenttotheauthorityobtaininginformationordocumentsfromaninsureroftheapplicant’sprimaryproductionenterpriseorsmallReprint 6B
effective 24 June 2011Page 203
Rural
and Regional Adjustment Regulation 2000Schedulebusiness to allow the authority to verify,
for a grant ofmorethan$5000underthescheme,theapplicant’sentitlementsunderaninsurancepolicytakenoutwiththe insurer;(c)an
applicant must consent to the authority conducting anaudit
of the records mentioned in paragraph (a) to allowtheauthoritytoverifythatamountsgiventotheapplicantundertheschemehavebeenusedinaccordance with the claim for
assistance.(3)Paymentofassistanceundertheschemeissubjecttoanyotherconditionsdecidedbytheauthority,including,forexample,conditionsrequiringtheapplicanttogivetotheauthority the following—(a)evidenceofthedirectdamageinrelationto whichanapplication is made;(b)evidence that the majority of the
applicant’s income isderivedfromtheapplicant’sprimaryproductionenterprise or
small business.272Special provision for particular
applications(1)This section applies if—(a)an eligible business entity operates
more than 1 businessorprimaryproductionenterprise(eachaseparatebusiness) at
separate locations; and(b)theauthorityissatisfiedaseparatebusinessisacommercial entity
that would be a commercially viableandautonomousbusiness(aneligibleseparatebusiness)ifotherbusinessesoperatedbytheeligiblebusiness entity
ceased to operate.(2)Theeligiblebusinessentitymayapplyforassistanceundertheschemeforeacheligibleseparatebusinessasifeachbusinesswereaseparateprimaryproductionenterpriseorsmall
business in relation to which the applicant is eligible forassistance under the scheme.Page
204Reprint 6B effective 24 June
2011
Rural
and Regional Adjustment Regulation 2000Schedule(3)Despite section 270, the maximum
amount of assistance thatmaybegivenforeacheligibleseparatebusinessunderthescheme is $25000.(4)Forsubsection(1)(b),theauthoritymayhaveregardtothefollowing—(a)the
staffing arrangements of the separate business;(b)whetherthebusinesshasitsownplant,equipmentorstock;(c)theaccountingandinsurancearrangementsofthebusiness;(d)whetherthebusinessoperatesunderitsowntradingname.(5)Subsection(4)doesnotlimitthematterstowhichtheauthority may have regard.273Special provision about
insurance(1)This section applies if an applicant
receives, or is entitled toreceive, an amount (aninsurance amount) under a policy
ofinsurance relating to direct damage caused
by the flood event.(2)Theapplicantisnoteligibletoreceiveagrantunderthescheme to cover particular costs of
cleaning and restoring aprimaryproductionenterpriseorsmallbusinessiftheapplicantreceives,orisentitledtoreceive,aninsuranceamount to cover
the costs.(3)However,thissectiondoesnotapplyinrelationtothefirst$5000 an
applicant receives under the scheme for the primaryproduction enterprise or small
business.274Applications(1)An
application for assistance under the scheme must—(a)be made on the authority’s application
form; and(b)beaccompaniedbythedocumentationstatedontheapplication;
andReprint 6B effective 24 June 2011Page
205
Rural
and Regional Adjustment Regulation 2000Schedule(c)be given to the authority.(2)Anapplicationforassistanceundertheschememustbereceived by the authority no later
than 30 June 2011.275Deciding applicationsThe
authority must consider, and decide to approve or refuseto
approve, each application for assistance under the scheme.Part
28Queensland Government SolarHot
Water Rebate Scheme276Objective of schemeTheobjectiveoftheschemeistoassisteligibleapplicantswho have bought
and arranged for installation of solar waterheaters in their
homes.277Nature of assistanceThe
nature of assistance that may be given under the schemeis a
rebate for the payment of the purchase price of a solarwater
heater.278Definitions for pt 28In
this part—applicantmeansanindividualapplyingforfinancialassistance under
section 282(1).appropriateMinistermeanstheMinisterresponsibleforadministering theDisaster
Management Act 2003.buying, a solar water
heater, means buying and arranging forinstallation of
the heater.concessional rebatesee section
281(b).Page 206Reprint 6B
effective 24 June 2011
Rural
and Regional Adjustment Regulation 2000SchedulecustomersalearrangementseetheCommunityAmbulanceCover Act 2003, section
10.disaster eventmeans—(a)thefloods,causedbyheavyrainsinQueenslandbetweenNovember2010andJanuary2011,thathaveaffected the
prescribed disaster area; or(b)Tropical Cyclone Yasi.formerassistanceprogrammeanstheprogramunderthename‘QueenslandSolarHotWaterProgram’thatwasadministered by
the department to provide financial assistancefor buying solar
water heaters.natural disaster relief and recovery
arrangementsmeans thefundingarrangementsagreedbetweentheCommonwealthandtheStateforprovidingfinancialassistancetocommunities affected by natural
disasters.Editor’s note—At
the commencement of this definition, the funding arrangements
weredescribed in the document called ‘Natural
disaster relief and recoveryarrangements—Communityrecoverypackageguidelines2007’availableontheCommonwealthAttorney-General’sDepartmentwebsite at <www.ema.gov.au>.prescribed disaster areameans the local
government areas—(a)within the area defined by the
appropriate Minister forthereceiptofnaturaldisasterreliefandrecoveryarrangements
measures for communities affected by thedisaster event;
and(b)describedinadocumentheldbytheauthorityandavailable for inspection by members of
the public.Editor’s note—The
documents describing the prescribed disaster area and theprescribedpersonalhardshipassistanceschemeareaarepublished on the authority’s website
at <www.qraa.qld.gov.au>.prescribed
personal hardship assistance scheme areameansthe
local government areas—Reprint 6B effective 24 June
2011Page 207
Rural
and Regional Adjustment Regulation 2000Schedule(a)defined by the appropriate Minister
for the purpose ofactivatingthepersonalhardshipassistanceschemeinrelation to—(i)QueenslandfloodingandCyclonesTashaandAnthony, November 2010 to February
2011; or(ii)Tropical Cyclone Yasi; and(b)describedindocumentsheldbytheauthorityandavailable for inspection by members of
the public.purchase price, of a solar
water heater, includes the cost ofinstallation of
the solar water heater.schememeans the scheme
set out in this part.solar water heatermeans a device
that heats water using solarenergyandsatisfiesanyconditionsforthedeviceoritsinstallationundertheRenewableEnergy(Electricity)Act2000(Cwlth).279General eligibility criteria other than
relating to particularflood-damaged water heatersForanapplicanttobeeligibleforassistanceunderthescheme,theauthoritymustbesatisfiedasmentionedinsection 279A(2), or the authority must be
satisfied—(a)the applicant is—(i)an
Australian citizen or permanent resident; and(ii)at
least 18 years; and(b)asolarwaterheaterhasbeeninstalledataresidenceowned
or occupied by the applicant; and(c)the
residence—(i)isabuildingwithinthemeaningoftheBuildingAct 1975;
and(ii)is in Queensland; and(iii)is not owned by
the Commonwealth, the State or alocal government;
andPage 208Reprint 6B
effective 24 June 2011
Rural
and Regional Adjustment Regulation 2000Schedule(iv)isoccupiedbyapersonwhohasoccupied,orislikelytooccupy,theresidenceforatleast6months; and(v)is
likely to continue to be occupied, or available foroccupation,bypersonswhoareeachlikelytooccupy the residence for at least 6
months; and(d)the solar water heater—(i)replacedanelectricstoragewaterheater(therelevant
replaced heater); and(ii)is
new and in good working order and condition;and(iii)subjecttosubparagraph(iv),isbeing,andisintendedtobe,usedonlyfordomesticpurposes;and(iv)isnotusedprimarily,orintendedtobeusedprimarily, for
heating water in or for a pool or spa;and(e)that, under theRenewable Energy
(Electricity) Act 2000(Cwlth),thenumberofsmall-scaletechnologycertificates that may be created for the
installation of thesolar water heater is at least 20;
andNote—SeetheRenewableEnergy(Electricity)Regulations2001(Cwlth), section 19A.(f)thepersonwhosoldthesolarwaterheatertotheapplicant has
given—(i)a warranty for the heater’s tank and
collector of atleast 5 years; and(ii)awarrantyfortheheater’scirculatingpumporrefrigeration equipment of at least 2
years; and(g)thepersonwhoinstalledthesolarwaterheater,including
plumbing work, gas work and electrical workfortheinstallation,hasgivenwarrantiesfortheinstallation and
workmanship of at least 1 year; and(h)the
applicant has either—Reprint 6B effective 24 June
2011Page 209
Rural
and Regional Adjustment Regulation 2000Schedule(i)paid in full the purchase price for
the solar waterheater; or(ii)entered into an agreement to pay the
purchase priceforthesolarwaterheaterandpaid,undertheagreement, an amount at least equal to
the amountofassistanceforwhichtheapplicantiseligibleunder the scheme;
and(i)the purchase price was not paid in
full before 13 April2010; and(j)theapplicationwasmadewithin6monthsaftertheapplicant bought the solar water
heater; and(k)nopersonhasappliedfor,orbeengiven,assistanceunderthisscheme,theformerassistanceprogramorotherwise by the State for buying the solar
water heater;and(l)no person has
been given assistance under this scheme,the former
assistance program or otherwise by the Statefor buying a
solar water heater that replaced an electricstorage water
heater for which electricity was suppliedunderthesamecustomersalearrangementasfortherelevant replaced
heater.279AGeneral eligibility criteria relating
to particularflood-damaged water heaters(1)Thissectionstatescriteria,relatingtoparticularflood-damagedwaterheaters,thatareanalternativetothecriteria stated in section 279.(2)Thecriteriaforthissectionarethattheauthoritymustbesatisfied—(a)of
the matters stated in section 279(a) to (c); and(b)theresidencementionedinsection279(b)islocatedin—(i)the prescribed disaster area;
and(ii)the prescribed personal hardship
assistance schemearea; andPage 210Reprint 6B effective 24 June
2011
Rural
and Regional Adjustment Regulation 2000Schedule(c)awaterheater(formerheater)wasinstalledintheresidence and was
damaged by the disaster event; and(d)either—(i)the
residence has been rebuilt, or repaired, becauseof
damage from the disaster event; or(ii)the
solar water heater mentioned in section 279(b)replaced the
former heater; and(e)of the matters stated in section
279(d)(ii) to (iv) and (e)to (l).280Additional eligibility criteria for
concessional rebate(1)For an applicant to be eligible for
the concessional rebate, theauthoritymustalsobesatisfiedtheapplicantistheholderof—(a)aconcessioncardundertheSocialSecurityAct1991(Cwlth);
or(b)abluepensionerconcessioncardissuedbythedepartmentoftheCommonwealthinwhichtheVeterans’EntitlementsAct1986(Cwlth)isadministered.(2)However, an applicant may only
receive—(a)one concessional rebate under section
279; and(b)one concessional rebate under section
279A.281Amount of assistanceThe
amount of assistance that may be given to an applicantunder
the scheme is a rebate of—(a)$600; or(b)for a person who is eligible for
assistance as mentionedin section 280—$1000 (theconcessional rebate).Reprint 6B effective 24 June 2011Page
211
Rural
and Regional Adjustment Regulation 2000Schedule282Applications(1)An
application for assistance under the scheme must be—(a)made on the application form approved
by the authority;and(b)accompaniedbythedocumentsmentionedintheapplication
form.(2)Theauthoritymayrequestthatanapplicantprovidefurtherrelevant
information required to decide the application.(3)Anapplicationforassistanceundertheschememustbereceived by the authority no later
than 29 February 2012 if theapplicantisseekingtosatisfythecriteriastatedinsection279A(2).283Deciding applicationsThe
authority must consider, and decide to approve or refuseto
approve, each application for assistance under the scheme.Part
29Special Disaster FloodAssistance
(November 2010 toJanuary 2011) SchemeDivision 1Preliminary284Objective of schemeThe objective of
the scheme is to provide, under an agreementbetween the
Commonwealth and the State of 3 January 2011,assistance to
eligible business entities that have suffered directdamage caused by the flood event.Page
212Reprint 6B effective 24 June
2011
Rural
and Regional Adjustment Regulation 2000Schedule285Purpose of assistance(1)The purpose of the assistance under
the scheme is to help aneligiblebusinessentitypayforcostsarisingoutofdirectdamage caused by the flood event.(2)However,assistanceundertheschemeisnotintendedtocompensateeligiblebusinessentitiesforlossofincomesuffered because
of the flood event.286Definitions for pt 29In
this part—applicantmeansapersonapplyingforassistanceunderthescheme.appropriateMinistermeanstheMinisterresponsibleforadministering theDisaster
Management Act 2003.eligiblebusinessentitymeansaprimaryproducerorsmallbusiness eligible
for assistance under the scheme.floodeventmeansthefloods,causedbyheavyrainsinQueensland between November 2010 and
January 2011, thathaveaffectedtheprescribed(November2010toJanuary2011)
flood disaster area.natural disaster relief and recovery
arrangementsmeans thefundingarrangementsagreedbetweentheCommonwealthandtheStateforprovidingfinancialassistancetocommunities affected by natural
disasters.Editor’s note—At
the commencement of this definition, the funding arrangements
weredescribed in the document called ‘Natural
disaster relief and recoveryarrangements—Communityrecoverypackageguidelines2007’availableontheCommonwealthAttorney-General’sDepartmentwebsite at <www.ema.gov.au>.official receiptmeans a receipt
including—(a)thenameandaddressoftheentitythatissuedthereceipt; and(b)iftheentityhasanAustralianBusinessNumber—theAustralian Business Number; andReprint 6B effective 24 June 2011Page
213
Rural
and Regional Adjustment Regulation 2000Schedule(c)a description of each item to which
the receipt relates.prescribed (November 2010 to January
2011) flood disasterareameans the
area—(a)defined by the appropriate Minister
for the purpose ofactivatingthenaturaldisasterreliefandrecoveryarrangementsforcommunitiesaffectedbythefloodevent; and(b)describedinadocumentheldbytheauthorityandavailable for inspection by members of
the public.Editor’s note—The
document describing the prescribed (November 2010 to January2011)flooddisasterareaispublishedontheauthority’swebsiteat<www.qraa.qld.gov.au>.primaryproducermeansanindividualwhospendsthemajorityoftheindividual’slabourson,andderivesthemajorityoftheindividual’sincomefrom,aprimaryproduction
enterprise.primary production enterprisemeans
a business that involvesprimary production, including, for
example, the agricultural,aquacultural, horticultural or
pastoral industries.schememeans the scheme
under this part.small businesssee section
287.287Meaning ofsmall
business(1)Asmall
businessis a business that—(a)holds
an Australian Business Number; and(b)employs less than—(i)20
full-time employees; or(ii)ifthebusinesshasemployeeswhodonotworkfull-time for the business—20 equivalent
full-timeemployees.(2)A
business is not asmall businessif the
business—(a)is a public company; orPage
214Reprint 6B effective 24 June
2011
Rural
and Regional Adjustment Regulation 2000Schedule(b)is a charitable business that, under
the natural disasterrelief and recovery arrangements, is
eligible to receiveassistance to clean and restore the business
in relation todirect damage caused by the flood
event.(3)Also, a business is not asmall businessif—(a)the business is operated by a sole
owner; and(b)thebusinesshasnoemployees,otherthanthesoleowner; and(c)thesoleownerdoesnotderivethemajorityoftheowner’s income from the
business.(4)Forsubsection(1)(b),thenumberofequivalentfull-timeemployees of a business is worked out using
the formula—E=F + -3-P--5-where—Emeans
the number of equivalent full-time employees of thebusiness.Fmeans
the number of full-time employees of the business.Pmeansthetotalnumberofhoursworkedeachweekbyemployees who do not work full-time for the
business.(5)In this section—charitable
businessmeans a business that does not operate
tomake a profit.public
companymeans a public company within the
meaningof the Corporations Act.Division 2General provisions for scheme288Nature of assistance(1)The nature of the assistance under the
scheme is the provisionof a grant to help eligible business
entities clean and restoreReprint 6B effective 24 June
2011Page 215
Rural
and Regional Adjustment Regulation 2000Scheduletheir
small businesses or primary production enterprises thathave
suffered direct damage caused by the flood event.(2)In particular, assistance is to be
provided under the scheme tohelpaneligiblebusinessentitytocoverthecostsofthefollowing—(a)purchasing,hiringorleasingplant,equipmentormaterials—(i)to
clean premises or a property; or(ii)that
are essential to the immediate resumption offarming or other
business activities;(b)engaging a person to clean premises or
a property;(c)clearingordisposingofdebris,damagedgoodsorinjured or dead livestock;(d)repairing and restoring fields;(e)repairing buildings other than
houses;(f)repairing or replacing fencing on a
property;(g)repairing or reconditioning essential
plant or equipment;(h)repairingorreplacingfittingsinbuildingsotherthanhouses, if repairing or replacing the
fittings is essentialtotheimmediateresumptionoffarmingorotherbusiness
activities;Examples—repairing electrical wiring or replacing
floor coverings(i)repairingroadsandinfrastructureessentialtotheoperation of the
entity’s primary production enterpriseor small
business;(j)leasing temporary premises for the
purpose of resumingtrading;(k)purchasing fodder, or saving crops or feed
for livestock;(l)maintaining the health of livestock or
poultry;(m)replacing lost or damaged stock, other
than livestock, ifreplacementofthestockis
essentialtotheimmediateresumption of farming or other business
activities;Page 216Reprint 6B
effective 24 June 2011
Rural
and Regional Adjustment Regulation 2000Schedule(n)engagingapersontoconductasafetyinspectionofpremises;(o)payingwagestoanemployeeoftheentity,ifthepayment is more
than the wages that would ordinarilyhave been paid to
the employee.289Eligibility criteria—primary
producerAn applicant is eligible for assistance
under the scheme if—(a)the applicant is a primary producer;
and(b)theapplicant’sprimaryproductionenterprisehassuffered direct damage as a result of
the flood event; and(c)the applicant’s primary production
enterprise is locatedintheprescribed(November2010toJanuary2011)flood disaster
area; and(d)theapplicantisprimarilyresponsibleformeetingthecosts
claimed in the application; and(e)theapplicantwasengagedintheprimaryproductionenterprisewhentheareainwhichtheenterpriseislocated became part of the prescribed
(November 2010to January 2011) flood disaster area;
and(f)theauthorityissatisfiedtheapplicantintendstore-establish the primary production
enterprise.290Eligibility criteria—small
businessAn applicant is eligible for assistance
under the scheme if—(a)theapplicantowns(whetherassoleowner,inpartnership or as a private company) a small
business;and(b)theapplicant’ssmallbusinesshassuffereddirectdamage as a result of the flood event;
and(c)thesmallbusinessislocatedintheprescribed(November 2010 to
January 2011) flood disaster area;andReprint 6B effective 24 June 2011Page
217
Rural
and Regional Adjustment Regulation 2000Schedule(d)theapplicantisprimarilyresponsibleformeetingthecosts
claimed in the application; and(e)theapplicantwasengagedinconductingthebusinesswhen the area in
which the business is located becamepart of the
prescribed (November 2010 to January 2011)flood disaster
area; and(f)theauthorityissatisfiedtheapplicantintendstore-establish the small
business.291Special requirement for particular
assistance(1)Anapplicantiseligibleforassistanceofmorethan$5000under
the scheme only if—(a)the applicant provides evidence to the
authority, in theformoftaxinvoices,officialreceiptsforpaymentorbankstatements,thatallamountsclaimedbytheapplicantundertheschemehavebeenpaidbytheapplicant; or(b)theapplicantdemonstratesfinancialhardshipundersection292andprovidesevidencetotheauthority,inthe form of quotations for work,
equipment or materials,thatallamountsclaimedbytheapplicantundertheschemeareneededforcleaningandrestoringtheapplicant’ssmallbusinessorprimaryproductionenterprise.(2)Subsection(1)appliestoanapplicanteveniftheapplicantmakes
more than 1 application under the scheme.Example—An applicant makes a claim under the
scheme for $5000 for a smallbusiness and
makes a second claim for $4000. The applicant is noteligible for the further assistance of $4000
unless the applicant providesthe evidence to
the authority as required under the scheme that the totalamount of $9000 claimed has either been paid
by the applicant or, if theapplicanthasdemonstratedhardship,isnecessaryforcleaningandrestoring the small business.Page
218Reprint 6B effective 24 June
2011
Rural
and Regional Adjustment Regulation 2000Schedule292Financial hardship(1)Todemonstratefinancialhardshipforsection291(1)(b),anapplication for assistance must be
accompanied by—(a)evidencethattheapplicantistheholderofacurrenthealthcarecardundertheSocialSecurityAct1991(Cwlth);
or(b)acertificatefromasuitablyqualifiedpersonstatingthat—(i)the
applicant can not pay the amounts claimed inthe application
because of financial hardship; and(ii)thecontinuationoftheapplicant’sprimaryproduction enterprise or small business is
in doubtbecausetheapplicantcannotpaytheamountsclaimed.(2)In this section—suitably
qualified personmeans—(a)generally, a person who—(i)has
financial qualifications that enable the personto give a
certificate mentioned in subsection (1)(b);and(ii)isamemberofaprofessionalassociationwhosemembers normally provide financial advice;
or(b)for an applicant for whom it is not
reasonably practicaltoengageapersonmentionedinparagraph(a),including,forexample,becausetheapplicant’sresidence is not
located near a populated area, a personwho—(i)has experience in financial matters
because of theperson’soccupation,whetherornotthepersonnormallyprovidesorprovidedfinancialadvice;andExamples—accountant, bank manager, tax agent(ii)is a member of a relevant professional
association.Reprint 6B effective 24 June 2011Page
219
Rural
and Regional Adjustment Regulation 2000Schedule293Amount of assistanceThe
maximum amount of assistance that may be given to anapplicant under the scheme is $25000.Note—See section 295
for special circumstances in which an applicant may begiven
more than the stated maximum amount.294Conditions(1)An
applicant may apply for assistance under the scheme in theapplicant’s capacity as a primary producer
or a small business,but not both.(2)Paymentofassistanceundertheschemeissubjecttothefollowing conditions—(a)anapplicantmust,until30September2012,keepthefollowing records
for amounts for which the applicanthas received
assistance under the scheme—(i)all
tax invoices, official receipts, bank statementsor
other similar records of amounts paid;(ii)all
quotations or other similar records of amountsclaimed;(b)anapplicantmustconsenttotheauthorityobtaininginformationordocumentsfromaninsureroftheapplicant’sprimaryproductionenterpriseorsmallbusiness to allow
the authority to verify, for a grant ofmorethan$5000underthescheme,theapplicant’sentitlementsunderaninsurancepolicytakenoutwiththe insurer;(c)an
applicant must consent to the authority conducting anaudit
of the records mentioned in paragraph (a) to allowtheauthoritytoverifythatamountsgiventotheapplicantundertheschemehavebeenusedinaccordance with the claim for
assistance.(3)Paymentofassistanceundertheschemeissubjecttoanyotherconditionsdecidedbytheauthority,including,forPage 220Reprint 6B
effective 24 June 2011
Rural
and Regional Adjustment Regulation 2000Scheduleexample,conditionsrequiringtheapplicanttogivetotheauthority the following—(a)evidenceofthedirectdamageinrelationto whichanapplication is made;(b)evidence that the majority of the
applicant’s income isderivedfromtheapplicant’sprimaryproductionenterprise or
small business.295Special provision for particular
applications(1)This section applies if—(a)an eligible business entity operates
more than 1 businessorprimaryproductionenterprise(eachaseparatebusiness) at
separate locations; and(b)theauthorityissatisfiedaseparatebusinessisacommercial entity
that would be a commercially viableandautonomousbusiness(aneligibleseparatebusiness)ifotherbusinessesoperatedbytheeligiblebusiness entity
ceased to operate.(2)Theeligiblebusinessentitymayapplyforassistanceundertheschemeforeacheligibleseparatebusinessasifeachbusinesswereaseparateprimaryproductionenterpriseorsmall
business in relation to which the applicant is eligible forassistance under the scheme.(3)Despite section 293, the maximum
amount of assistance thatmaybegivenforeacheligibleseparatebusinessunderthescheme is $25000.(4)Forsubsection(1)(b),theauthoritymayhaveregardtothefollowing—(a)the
staffing arrangements of the separate business;(b)whetherthebusinesshasitsownplant,equipmentorstock;(c)theaccountingandinsurancearrangementsofthebusiness;Reprint 6B
effective 24 June 2011Page 221
Rural
and Regional Adjustment Regulation 2000Schedule(d)whetherthebusinessoperatesunderitsowntradingname.(5)Subsection(4)doesnotlimitthematterstowhichtheauthority may have regard.296Special provision about
insurance(1)This section applies if an applicant
receives, or is entitled toreceive, an amount (aninsurance amount) under a policy
ofinsurance relating to direct damage caused
by the flood event.(2)Theapplicantisnoteligibletoreceiveagrantunderthescheme to cover particular costs of
cleaning and restoring aprimaryproductionenterpriseorsmallbusinessiftheapplicantreceives,orisentitledtoreceive,aninsuranceamount to cover
the costs.(3)However,thissectiondoesnotapplyinrelationtothefirst$5000 an
applicant receives under the scheme for the primaryproduction enterprise or small
business.297Applications(1)An
application for assistance under the scheme must—(a)be made on the authority’s application
form; and(b)beaccompaniedbythedocumentationstatedontheapplication;
and(c)be given to the authority.(2)Anapplicationforassistanceundertheschememustbereceived by the authority no later
than 30 September 2011.298Deciding
applicationsThe authority must consider, and decide to
approve or refuseto approve, each application for assistance
under the scheme.Page 222Reprint 6B
effective 24 June 2011
Part
30Rural and Regional Adjustment Regulation
2000ScheduleSpecial Disaster
Floods(November 2010 to January2011)
Non-profit OrganisationsAssistance SchemeDivision 1Preliminary299Objective of schemeThe objective of
the scheme is to provide, under an agreementbetweentheCommonwealthandtheStateof16February2011, assistance
to eligible entities that have suffered directdamage caused by
the flood event.300Purpose of assistance(1)The purpose of the assistance under
the scheme is to help aneligibleentitypayforcostsarisingoutofdirectdamagecaused by the flood event.(2)However,assistanceundertheschemeisnotintendedtocompensate eligible entities for loss of
income suffered as aresult of the flood event.301Definitions for pt 30In
this part—applicantmeansapersonapplyingforassistanceunderthescheme.appropriateMinistermeanstheMinisterresponsibleforadministering theDisaster
Management Act 2003.eligibleentitymeansanon-profitorganisationeligibleforassistance under the scheme.floodeventmeansthefloods,causedbyheavyrainsinQueensland between November 2010 and
January 2011, thathaveaffectedtheprescribed(November2010toJanuary2011)
flood disaster area.Reprint 6B effective 24 June
2011Page 223
Rural
and Regional Adjustment Regulation 2000SchedulePage
224natural disaster relief and recovery
arrangementsmeans thefundingarrangementsagreedbetweentheCommonwealthandtheStateforprovidingfinancialassistancetocommunities affected by natural
disasters.Editor’s note—At
the commencement of this definition, the funding arrangements
weredescribed in the document called ‘Natural
disaster relief and recoveryarrangements—Communityrecoverypackageguidelines2007’availableontheCommonwealthAttorney-General’sDepartmentwebsite at <www.ema.gov.au>.non-profit organisation—1A
non-profit organisation is an incorporated charitableor
other organisation that—(a)is not operating
for the profit or gain, either director indirect, of
its individual members; and(b)provides a
benefit to 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 backintotheoperationoftheorganisationtocarryoutitspurposes and not be distributed to any
of its members.official receiptmeans a receipt
including—(a)thenameandaddressoftheentitythatissuedthereceipt; and(b)iftheentityhasanAustralianBusinessNumber—theAustralian Business Number; and(c)a description of each item to which
the receipt relates.prescribed (November 2010 to January
2011) flood disasterareameans the
area—(a)defined by the appropriate Minister
for the purpose ofactivatingthenaturaldisasterreliefandrecoveryarrangementsforcommunitiesaffectedbythefloodevent; andReprint 6B
effective 24 June 2011
Rural
and Regional Adjustment Regulation 2000Schedule(b)describedinadocumentheldbytheauthorityandavailable for inspection by members of
the public.Editor’s note—Thedocumentdescribingtheprescribed(November2010toJanuary2011)disasterareaispublishedontheauthority’swebsite at
<www.qraa.qld.gov.au>.schememeans
the scheme set out in this part.Division 2General provisions for scheme302Nature of assistance(1)The nature of the assistance under the
scheme is the provisionof a grant to help an eligible entity
clean and restore its meansfor conducting its operations that
have suffered direct damagecaused by the flood event.(2)In particular, assistance is to be
provided under the scheme tohelp an eligible
entity to cover the costs of the following—(a)purchasing,hiringorleasingplant,equipmentormaterials—(i)to
clean premises or a property; or(ii)that
are essential to the immediate resumption ofthe eligible
entity’s operations;(b)engaging a person to clean premises or
a property;(c)clearingordisposingofdebrisordamagedgoodsormaterials;(d)repairingorrestoringessentialpremises,includinggrounds, amenities and
infrastructure;(e)repairing or reconditioning essential
plant or equipment;(f)repairing or replacing fittings in
buildings if repairing orreplacingthefittingsisessentialtotheimmediateresumption of the
eligible entity’s operations;Example—repairing electrical wiring or
replacing floor coveringsReprint 6B effective 24 June
2011Page 225
Rural
and Regional Adjustment Regulation 2000Schedule(g)leasing temporary premises for the
purpose of resumingthe eligible entity’s operations;(h)engagingapersontoconductasafetyinspectionofpremises;(i)paying wages to an employee of the eligible
entity, if thepayment is more than the wages that would
ordinarilyhave been paid to the employee.303Applicant must not have applied for
assistance under pt29An applicant may not apply for
assistance under the scheme ifthe applicant has
applied for assistance under part 29.304Eligibility criteria(1)An
applicant is eligible for assistance under the scheme if—(a)the applicant is a non-profit
organisation; and(b)the applicant’s means for conducting
its operations havesuffered direct damage as a result of the
flood event; and(c)theapplicantislocatedintheprescribed(November2010
to January 2011) flood disaster area; and(d)theapplicantisprimarilyresponsibleformeetingthecosts
claimed in the application; and(e)the
applicant was engaged in conducting its operationswhen
the area in which the applicant is located becamepart
of the prescribed (November 2010 to January 2011)flood
disaster area; and(f)theauthorityissatisfiedtheapplicantintendstore-establish its operations;
and(g)theapplicantcannotrepairorreplaceassetsdirectlydamagedasaresultofthefloodeventfromtheapplicant’s own resources without
assistance under thescheme.(2)However, an applicant is not eligible for
assistance under theschemeforanitemforwhichaclaimismadeinthePage
226Reprint 6B effective 24 June
2011
Rural
and Regional Adjustment Regulation 2000Scheduleapplication, if the applicant has received
or been approved toreceivefinancialassistance,otherthanpartialassistance,under another
scheme, whether or not of the Commonwealthgovernment or
another government.(3)In this section—partialassistance,inrelationtoanotherscheme,meansassistance under
that scheme to fund part of the cost of theitem for which a
claim is made in the application.305Special requirement for particular
assistance(1)Anapplicantiseligibleforassistanceofmorethan$5000under
the scheme only if—(a)the applicant provides evidence to the
authority, in theformoftaxinvoices,officialreceiptsforpaymentorbankstatements,thatallamountsclaimedbytheapplicantundertheschemehavebeenpaidbytheapplicant; or(b)theapplicantdemonstratesfinancialhardshipundersection306andprovidesevidencetotheauthority,inthe form of quotations for work,
equipment or materials,thatallamountsclaimedbytheapplicantundertheschemeareneededforcleaningandrestoringtheapplicant’s means for conducting its
operations.(2)Subsection(1)appliestoanapplicanteveniftheapplicantmakes
more than 1 application under the scheme.Example—An applicant makes a claim under the
scheme for $5000 and makes asecond claim for
$4000. The applicant is not eligible for the furtherassistance of $4000 unless the applicant
provides the evidence to theauthority as
required under the scheme that the total amount of $9000claimed has either been paid by the
applicant or, if the applicant hasdemonstratedhardship,isnecessaryforcleaningandrestoringtheapplicant’s means for conducting its
operations.Reprint 6B effective 24 June 2011Page
227
Rural
and Regional Adjustment Regulation 2000Schedule306Financial hardship(1)Todemonstratefinancialhardshipforsection305(1)(b),anapplicationforassistancemustbeaccompaniedbyacertificate from a suitably qualified
person stating that—(a)theapplicantcannotpaytheamountsclaimedintheapplication
because of financial hardship; and(b)thecontinuationoftheapplicant’sabilitytoconductnon-profitactivitiesisindoubtbecausetheapplicantcan not pay the
amounts claimed.(2)In this section—suitably
qualified personmeans—(a)generally, a person who—(i)has
financial qualifications that enable the persontogiveacertificatementionedinsubsection(1);and(ii)isamemberofaprofessionalassociationwhosemembers normally provide financial advice;
and(iii)is not an office
holder in the applicant and is nototherwise
associated with the applicant in any way;or(b)for an applicant for whom it is not
reasonably practicaltoengageapersonmentionedinparagraph(a),including,forexample,becausetheapplicant’sresidence is not
located near a populated area, a personwho—(i)has experience in financial matters
because of theperson’soccupation,whetherornotthepersonnormallyprovidesorprovidedfinancialadvice;andExamples—accountant, bank manager, tax agent(ii)is a member of a relevant professional
association.Page 228Reprint 6B
effective 24 June 2011
Rural
and Regional Adjustment Regulation 2000Schedule307Amount of assistanceThe
maximum amount of assistance that may be given to anapplicant under the scheme is $25000.Note—See section 309
for special circumstances in which an applicant may begiven
more than the stated maximum amount.308ConditionsPaymentofassistanceundertheschemeissubjecttothefollowing conditions—(a)anapplicantmust,until30September2012,keepthefollowing records
for amounts for which the applicanthas received
assistance under the scheme—(i)all
tax invoices, official receipts, bank statementsor
other similar records of amounts paid;(ii)all
quotations or other similar records of amountsclaimed;(b)anapplicantmustconsenttotheauthorityobtaininginformationordocumentsfromaninsureroftheapplicant’s means for conducting its
operations to allowthe authority to verify, for a grant of more
than $5000under the scheme, the applicant’s
entitlements under aninsurance policy taken out with the
insurer;(c)an applicant must consent to the
authority conducting anaudit of the records mentioned in
paragraph (a) to allowtheauthoritytoverifythatamountsgiventotheapplicantundertheschemehavebeenusedinaccordance with the claim for
assistance.309Special provision for particular
applications(1)This section applies if—(a)aneligibleentityoperatesmorethan1non-profitoperation (each
aseparate operation); andReprint 6B effective 24 June 2011Page
229
Rural
and Regional Adjustment Regulation 2000Schedule(b)the authority is satisfied each
separate operation wouldbe an operation that continues to run
autonomously (aneligible separate operation) if
other operations operatedby the eligible entity ceased to
operate.(2)The eligible entity may apply for
assistance under the schemefor each eligible separate operation
as if each eligible separateoperation were a
separate non-profit organisation in relation towhichtheapplicantiseligibleforassistanceunderthescheme.(3)Despite section 307, the maximum amount of
assistance thatmay be given for each eligible separate
operation under thescheme is $25000.(4)Forsubsection(1)(b),theauthoritymayhaveregardtothefollowing—(a)the
staffing arrangements of the separate operation;(b)theaccountingandinsurancearrangementsoftheseparate operation;(d)whethertheseparateoperationoperatesunderitsowntrading
name;(e)thefinancialindependenceandautonomyoftheseparate operation.(5)Subsection(4)doesnotlimitthematterstowhichtheauthority may have regard.310Special provision about
insurance(1)This section applies if an applicant
receives, or is entitled toreceive, an amount (aninsurance amount) under a policy
ofinsurance relating to direct damage caused
by the flood event.(2)Theapplicantisnoteligibletoreceiveagrantunderthescheme to cover particular costs of
cleaning and restoring ameans for conducting its operations if
the applicant receives,orisentitledtoreceive,aninsuranceamounttocoverthecosts.Page 230Reprint 6B effective 24 June
2011
Rural
and Regional Adjustment Regulation 2000Schedule(3)However,thissectiondoesnotapplyinrelationtothefirst$5000anapplicantreceivesundertheschemeforthenon-profit organisation.311Applications(1)An
application for assistance under the scheme must—(a)be made on the authority’s application
form; and(b)beaccompaniedbythedocumentationstatedontheapplication;
and(c)be given to the authority.(2)Anapplicationforassistanceundertheschememustbereceived by the authority no later
than 30 September 2011.(3)Theauthoritymayrequestthatanapplicantprovidefurtherrelevant
information required to decide the application.312Deciding applicationsThe authority
must consider, and decide to approve or refuseto approve, each
application for assistance under the scheme.Part 31Floods (November 2010 toJanuary 2011) and
TropicalCyclone Yasi Non-profitOrganisations
AssistanceSchemeDivision 1Preliminary313Objective of schemeThe objective of
the scheme is to provide, under an agreementbetweentheCommonwealthandtheStateof16FebruaryReprint 6B
effective 24 June 2011Page 231
Rural
and Regional Adjustment Regulation 2000Schedule2011,
assistance to eligible entities that have suffered directdamage caused by the disaster event.314Purpose of assistance(1)The purpose of the assistance under
the scheme is to help aneligibleentitypayforcostsarisingoutofdirectdamagecaused by the disaster event.(2)However,assistanceundertheschemeisnotintendedtocompensate eligible entities for loss of
income suffered as aresult of the disaster event.315Definitions for pt 31In
this part—applicantmeansapersonapplyingforfinancialassistanceunder
the scheme.appropriateMinistermeanstheMinisterresponsibleforadministering theDisaster
Management Act 2003.disaster eventmeans—(a)thefloods,causedbyheavyrainsinQueenslandbetweenNovember2010andJanuary2011,thathaveaffected the
prescribed disaster area; or(b)Tropical Cyclone Yasi.eligibleentitymeansanon-profitorganisationeligibleforassistance under the scheme.natural disaster relief and recovery
arrangementsmeans thefundingarrangementsagreedbetweentheCommonwealthandtheStateforprovidingfinancialassistancetocommunities affected by natural
disasters.Editor’s note—At
the commencement of this definition, the funding arrangements
weredescribed in the document called ‘Natural
disaster relief and recoveryarrangements—Communityrecoverypackageguidelines2007’availableontheCommonwealthAttorney-General’sDepartmentwebsite at <www.ema.gov.au>.Page
232Reprint 6B effective 24 June
2011
Rural
and Regional Adjustment Regulation 2000Schedulenon-profit organisation—1A
non-profit organisation is an incorporated charitableor
other organisation that—(a)is not operating
for the profit or gain, either director 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 backintotheoperationoftheorganisationtocarryoutitspurposes and not be distributed to any
of its members.prescribed disaster areameans the
area—(a)defined by the appropriate Minister
for the purpose ofactivatingthenaturaldisasterreliefandrecoveryarrangements for
communities affected by the disasterevent; and(b)describedindocumentsheldbytheauthorityandavailable for inspection by members of
the public.Editor’s note—Thedocumentsdescribingtheprescribeddisasterareaarepublished on the
authority’s website at <www.qraa.qld.gov.au>.schememeans the scheme
set out in this part.Division 2General
provisions for scheme316Nature of
assistanceThe nature of the assistance under the
scheme is the provisionofaconcessionalloanandagrantforre-establishingthenormal operation of an eligible entity,
including doing any ofthe following—(a)repairing or replacing damaged plant and
equipment;Reprint 6B effective 24 June 2011Page
233
Rural
and Regional Adjustment Regulation 2000Schedule(b)repairingorrestoringessentialpremises,includinggrounds, amenities and
infrastructure;(c)supplying stock for up to 1 month to
replace lost stockand maintain liquidity of the eligible
entity.317Maximum loan and grant amounts(1)Assistance under the scheme is by way
of both a loan and agrant.(2)Theamountofloanandgrantassistanceforanapplicantunder the
scheme—(a)is based on the authority’s assessment
of the applicant’sfinancialposition,includinganyamountrecoveredbythe applicant under an insurance
policy; and(b)must not be more than the amount of
the net loss to theapplicant caused by the disaster
event.(3)Subject to subsection (2)(b)—(a)the amount of loan assistance for an
applicant under thescheme must not be more than $100000;
and(b)the amount of grant assistance for an
applicant under thescheme must not be more than $5000.(4)Thefirst$30000orpartof$30000ofassistanceunderthescheme must be in the ratio of loan to
grant of 5:1.318Eligibility criteriaAn
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 ofthe disaster event; and(c)the applicant is located in the
prescribed disaster area;and(d)theapplicantcannotrepairorreplaceassetsdirectlydamaged as a
result of the disaster event, or return to thePage 234Reprint 6B effective 24 June
2011
Rural
and Regional Adjustment Regulation 2000Scheduleapplicant’s normal operations, from the
applicant’s ownresources without assistance under the
scheme; and(e)the applicant has used all liquid
assets and normal creditsources up to normal credit limits;
and(f)the applicant has taken reasonable
precautions to avoidor minimise loss or damage from the disaster
event; andExample—The
applicant has adequate insurance against loss or damagefrom
the disaster event.(g)the applicant is responsible for the
cost of repairing orreplacing the damaged assets; and(h)the applicant demonstrates the ability
to repay the loanapplied for.319SecurityA loan under the
scheme must be secured to the satisfaction ofthe
authority.320Terms of repayment(1)The
maximum term of a loan to an applicant under the schemeis 7
years.(2)However, the term of the loan may be
increased to not morethan 10 years if—(a)the
loan has been operative for at least 4 years; and(b)theapplicantdemonstratesafinancialneedfortheincrease in the
term of the loan.(3)Theapplicantmaybegivenaloanundertheschemeataconcessional interest rate decided by
the authority.Editor’s note—At
the commencement of this section, the concessional interest rate
for aloan under the scheme was 4% a year.Reprint 6B effective 24 June 2011Page
235
Rural
and Regional Adjustment Regulation 2000Schedule321Conditions(1)Paymentofassistanceundertheschemeissubjecttotheconditions stated in subsections (2)
and (3).(2)The applicant must, if requested by
the authority, from time totimeprovideevidencetotheauthority,intheformoftaxinvoices,officialreceiptsforpaymentorbankstatements,showing full
details of the goods or services acquired, that allamounts claimed by the applicant under the
scheme have beenpaid by the applicant.(3)If an
applicant asks for the authority’s consent to substitute asecurity for an existing security for the
loan and the authorityconsentstothesubstitution,theapplicantmustpaytotheauthority—(a)the
authority’s reasonable fee for giving the consent; and(b)any other reasonable costs of the
authority in relation tothe substitution.322Applications(1)An
application for assistance under the scheme must—(a)be made on the authority’s application
form; and(b)beaccompaniedbythedocumentationstatedontheapplication;
and(c)be given to the authority.(2)Anapplicationforassistanceundertheschememustbereceived by the authority no later
than 31 October 2011.(3)Theauthoritymayrequestthatanapplicantprovidefurtherrelevant
information required to decide the application.323Deciding applicationsThe authority
must consider, and decide to approve or refuseto approve, each
application for assistance under the scheme.Page 236Reprint 6B effective 24 June
2011
Part
32Rural and Regional Adjustment Regulation
2000ScheduleFloods (November
2010 toJanuary 2011) and TropicalCyclone Yasi (ExtremeDamage)
Assistance SchemeDivision 1Preliminary324Objective of schemeThe objective of
the scheme is to provide, under an agreementbetweentheCommonwealthandtheStateof16February2011,assistancetoaneligibleentitytopaythecostsofre-establishingitsnormaloperationsarisingoutofdirectextremedamagecausedbythedisastereventiftheeligibleentity is—(a)a primary producer whose primary
production enterpriseisessentialtoeconomicsupplychainsorregionalemployment;
or(b)abusinessownerwhosebusinessisessentialtoeconomic supply chains or regional
employment; or(c)a non-profit organisation.325Purpose of assistance(1)The purpose of the assistance under
the scheme is to help aneligibleentitypayforcostsarisingoutofdirectextremedamage caused by the disaster event.(2)However,assistanceundertheschemeisnotintendedtocompensateeligibleentitiesforlossofincomesufferedbecause of the
disaster event.326Definitions for pt 32In
this part—applicantmeansapersonapplyingforassistanceunderthescheme.Reprint 6B
effective 24 June 2011Page 237
Rural
and Regional Adjustment Regulation 2000SchedulePage
238appropriateMinistermeanstheMinisterresponsibleforadministering theDisaster
Management Act 2003.businessmeans a business
that—(a)isoperatingcommerciallyinotherthanaprimaryproduction
industry: and(b)holds an Australian Business Number;
and(c)is registered under theANewTaxSystem(GoodsandServices Tax) Act 1999(Cwlth); and(d)is
not a public company.business ownermeans—(a)asoletraderwhospendsthemajorityofhisorherlabour on, and derives the majority of his
or her incomefrom, a business; or(b)partners in a partnership, shareholders in a
company orbeneficiaries of a trust, who spend the
majority of theirlabour on, and derive the majority of their
income from,a business.disaster
eventmeans—(a)thefloods,causedbyheavyrainsinQueenslandbetweenNovember2010andJanuary2011,thathaveaffected the
prescribed disaster area; or(b)Tropical Cyclone Yasi.eligibleentitymeansanyofthefollowingeligibleforassistance under the scheme—(a)a primary producer;(b)a business owner;(c)a
non-profit organisation.extreme damagemeans damage to
the assets of an entity to anextent that any
prescribed assistance available to the entity isinadequatetoprovidereasonableprospectsoftheentityre-establishing
viability or normal operations.natural disaster
relief and recovery arrangementsmeans thefundingarrangementsagreedbetweentheCommonwealthReprint 6B
effective 24 June 2011
Rural
and Regional Adjustment Regulation 2000ScheduleandtheStateforprovidingfinancialassistancetocommunities affected by natural
disasters.Editor’s note—At
the commencement of this definition, the funding arrangements
weredescribed in the document called ‘Natural
disaster relief and recoveryarrangements—Communityrecoverypackageguidelines2007’availableontheCommonwealthAttorney-General’sDepartmentwebsite at <www.ema.gov.au>.non-profit organisation—1A
non-profit organisation is an incorporated charitableor
other organisation that—(a)is not operating
for the profit or gain, either director indirect, of
its individual members; and(b)playsasignificantroleinsupportingthelocalcommunity.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 backintotheoperationoftheorganisationtocarryoutitspurposes and not be distributed to any
of its members.official receiptmeans a receipt
including—(a)thenameandaddressoftheentitythatissuedthereceipt; and(b)iftheentityhasanAustralianBusinessNumber—theAustralian Business Number; and(c)a description of each item to which
the receipt relates.prescribed assistance,
available to an entity, means assistanceavailable to the
entity under—(a)part 11, 12, 29, 30, 31 or 33;
or(b)iftheassistanceisavailabletotheentityundermorethan1oftheparts—eachpartunderwhichtheassistance is available to the
entity.Reprint 6B effective 24 June 2011Page
239
Rural
and Regional Adjustment Regulation 2000Scheduleprescribed disaster areameans the
area—(a)defined by the appropriate Minister
for the purpose ofactivatingthenaturaldisasterreliefandrecoveryarrangements for
communities affected by the disasterevent; and(b)describedindocumentsheldbytheauthorityandavailable for inspection by members of
the public.Editor’s note—Thedocumentsdescribingtheprescribeddisasterareaarepublished on the
authority’s website at <www.qraa.qld.gov.au>.primary producermeans—(a)asoletraderwhospendsthemajorityofhisorherlabour on, and derives the majority of his
or her incomefrom, a primary production enterprise;
or(b)partners in a partnership,
shareholders in a company orbeneficiaries of
a trust, who spend the majority of theirlabour on, and
derive the majority of their income from,a primary
production enterprise.primary production enterprisemeans
a business (within theordinary meaning of the term)
that—(a)involves primary production,
including, for example, theagricultural,aquacultural,horticulturalorpastoralindustries;
and(b)holds an Australian Business Number;
and(c)is registered under theANewTaxSystem(GoodsandServices Tax) Act 1999(Cwlth).public
companymeans a public company within the
meaningof the Corporations Act.schememeans
the scheme set out in this part.Page 240Reprint 6B effective 24 June
2011
Division 2Rural and
Regional Adjustment Regulation 2000ScheduleGeneral provisions for scheme327Nature of assistanceThe
nature of the assistance under the scheme to an eligibleentity is the provision of a concessional
loan and a grant for—(a)repairing or
replacing damaged plant and equipment; or(b)repairing or replacing buildings; or(c)supplying stock for up to 1 month to
replace lost stockandmaintainliquidityoftheprimaryproductionenterprise,
business or non-profit organisation; or(d)purchasinglivestocktoreplacelivestocklostinthedisaster event; or(e)meetingrequirementsforcarryingonproduction,including—(i)re-planting,restoringorre-establishingareasaffected by the disaster event; or(ii)sustenance; or(iii)essential property operations; or(iv)paying rent or rates.328Application may be made in 1 capacity
onlyAnapplicantmayapplyforassistanceundertheschemeinonly
1 of the following capacities—(a)primary producer;(b)business owner;(c)non-profit organisation.329Eligibility criteria—primary producer and
business ownerAn applicant is eligible for assistance
under the scheme if—(a)the applicant is a primary producer or
business owner;andReprint 6B effective 24 June
2011Page 241
Rural
and Regional Adjustment Regulation 2000Schedule(b)theapplicanthassuffereddirectextremedamagetoaproperty,
buildings, plant, equipment or stock as a resultof
the disaster event; and(c)theapplicant’sprimaryproductionenterpriseorbusiness is located in the prescribed
disaster area; and(d)the applicant has used all liquid
assets and normal creditsources up to normal credit limits;
and(e)the applicant has taken reasonable
precautions to avoidor minimise loss or damage from the
disaster; andExample—The
applicant has adequate insurance against loss or damagefrom
the disaster event.(f)withassistanceunderthescheme,theapplicanthasreasonableprospectsofre-establishingtheapplicant’sprimaryproductionenterpriseorbusinessonaviablebasis; and(g)theprimaryproductionenterpriseorbusinessisessentialtoeconomicsupplychainsorregionalemployment.330Eligibility criteria—non-profit
organisationAn applicant is eligible for assistance
under the scheme if—(a)the applicant is a non-profit
organisation; and(b)theapplicanthassuffereddirectextremedamagetoaproperty,
buildings, plant, equipment or stock as a resultof
the disaster event; and(c)the property,
buildings, plant, equipment and stock werelocated in the
prescribed disaster area at the time of thedisaster event;
and(d)the applicant has used all liquid
assets and normal creditsources up to normal credit limits;
and(e)the applicant has taken reasonable
precautions to avoidor minimise loss or damage from the
disaster; andPage 242Reprint 6B
effective 24 June 2011
Rural
and Regional Adjustment Regulation 2000ScheduleExample—The
applicant has adequate insurance against loss or damagefrom
the disaster event.(f)the applicant is responsible for the
cost of repairing orreplacingtheproperty,buildings,plant,equipmentorstock; and(g)the
applicant demonstrates the ability to repay the loanapplied for.331Restriction on eligibilityApubliccompany,whetheractingaloneorwithanothercompany, is not
eligible for assistance under the scheme.332Maximum loan and grants amounts(1)Assistance under the scheme is by way
of both a loan and agrant.(2)The
maximum amount of assistance that may be given to anapplicant under the scheme as a loan and a
grant is $650000inclusive of any amount received, or
approved for receipt, bythe applicant under part 11, 12 or 31
in relation to the disasterevent.(3)However, the maximum amount of the grant is
the lesser ofthe following—(a)25%
of the total amount of the loan and grant;(b)$50000.333SecurityA loan under the
scheme must be secured by—(a)a mortgage over
land or other assets satisfactory to theauthority;
and(b)anyothersecuritytheauthorityconsidersnecessary,including, for
example, a bill of sale, crop lien, livestockmortgage or a
fixed and floating charge.Reprint 6B effective 24 June
2011Page 243
Rural
and Regional Adjustment Regulation 2000Schedule334Terms of repayment(1)The
maximum term of a loan to an applicant under the schemeis 10
years.(2)Theapplicantmaybegivenaloanundertheschemeataconcessional interest rate decided by
the authority.Editor’s note—At
the commencement of this section, the concessional interest rate
for aloan under the scheme was 4% a year.(3)For the first 2 years of the loan, no
interest is charged on theloan and no loan principal repayments
are required.(4)Subjecttosubsection(5),principalandinterestamountstorepaytheloanwithinitsapprovedtermwillbecalculatedfrom
the start of the third year of the loan.(5)Theauthoritymaygranttotheapplicantaninterestonlyperiod of up to 2 years for the loan if the
applicant satisfies theauthority that the period is
required.335Conditions(1)Paymentofassistanceundertheschemeissubjecttotheconditions stated in subsections (2)
and (3).(2)The applicant must, if requested by
the authority, from time totimeprovideevidencetotheauthority,intheformoftaxinvoices,officialreceiptsforpaymentorbankstatements,showing full
details of the goods or services acquired, that allamounts claimed by the applicant under the
scheme have beenpaid by the applicant.(3)If an
applicant asks for the authority’s consent to substitute asecurity for an existing security for the
loan and the authorityconsentstothesubstitution,thepersonmustpaytotheauthority—(a)the
authority’s reasonable fee for giving the consent; and(b)any other reasonable costs of the
authority in relation tothe substitution.Page 244Reprint 6B effective 24 June
2011
Rural
and Regional Adjustment Regulation 2000Schedule336Applications(1)An
application for assistance under the scheme must—(a)be made on the authority’s application
form; and(b)beaccompaniedbythedocumentationstatedontheapplication;
and(c)be given to the authority.(2)Anapplicationforassistanceundertheschememustbereceived by the authority no later
than 31 October 2011.(3)Theauthoritymayrequestthatanapplicantprovidefurtherrelevant
information required to decide the application.337Deciding applicationsThe authority
must consider, and decide to approve or refuseto approve, each
application for assistance under the scheme.Part 33Special Disaster TropicalCyclone Yasi AssistanceSchemeDivision 1Preliminary338Objective of schemeThe objective of
the scheme is to provide, under an agreementbetweentheCommonwealthandtheStateof16February2011, assistance
to eligible entities that have suffered directdamage caused by
Tropical Cyclone Yasi.Reprint 6B effective 24 June
2011Page 245
Rural
and Regional Adjustment Regulation 2000Schedule339Purpose of assistance(1)The purpose of the assistance under
the scheme is to help aneligibleentitypayforcostsarisingoutofdirectdamagecaused by Tropical Cyclone Yasi.(2)However,assistanceundertheschemeisnotintendedtocompensateeligibleentitiesforlossofincomesufferedbecause of
Tropical Cyclone Yasi.340Definitions for
pt 33In this part—applicantmeansapersonapplyingforassistanceunderthescheme.appropriateMinistermeanstheMinisterresponsibleforadministering theDisaster
Management Act 2003.eligibleentitymeansanyofthefollowingeligibleforassistance under the scheme—(a)a primary producer;(b)a small business;(c)a
non-profit organisation.natural disaster relief and recovery
arrangementsmeans thefundingarrangementsagreedbetweentheCommonwealthandtheStateforprovidingfinancialassistancetocommunities affected by natural
disasters.Editor’s note—At
the commencement of this definition, the funding arrangements
weredescribed in the document called ‘Natural
disaster relief and recoveryarrangements—Communityrecoverypackageguidelines2007’availableontheCommonwealthAttorney-General’sDepartmentwebsite at <www.ema.gov.au>.non-profit organisation—1A
non-profit organisation is an incorporated charitableor
other organisation that—(a)is not operating
for the profit or gain, either director indirect, of
its individual members; andPage 246Reprint 6B effective 24 June
2011
Rural
and Regional Adjustment Regulation 2000Schedule(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 backintotheoperationoftheorganisationtocarryoutitspurposes and not be distributed to any
of its members.official receiptmeans a receipt
including—(a)thenameandaddressoftheentitythatissuedthereceipt; and(b)iftheentityhasanAustralianBusinessNumber—theAustralian Business Number; and(c)a description of each item to which
the receipt relates.prescribedTropicalCycloneYasidisasterareameansthearea—(a)defined by the appropriate Minister for the
purpose ofactivatingthenaturaldisasterreliefandrecoveryarrangementsforcommunitiesaffectedbyTropicalCyclone Yasi;
and(b)describedinadocumentheldbytheauthorityandavailable for inspection by members of
the public.Editor’s note—The
document describing the prescribed Tropical Cyclone Yasidisasterareaispublishedontheauthority’swebsiteat<www.qraa.qld.gov.au>.primaryproducermeansanindividualwhospendsthemajorityoftheindividual’slabourson,andderivesthemajorityoftheindividual’sincomefrom,aprimaryproduction
enterprise.primary production enterprisemeans
a business that involvesprimary production, including, for
example, the agricultural,aquacultural, horticultural or
pastoral industries.Reprint 6B effective 24 June
2011Page 247
Rural
and Regional Adjustment Regulation 2000Scheduleschememeans the scheme
under this part.small businesssee section
287.Division 2General
provisions for scheme341Nature of
assistance(1)The nature of the assistance under the
scheme is the provisionof a grant to help an eligible
entity—(a)iftheeligibleentityisaprimaryproducerorsmallbusiness—cleanandrestoreitsprimaryproductionenterpriseorsmallbusinessthathassuffereddirectdamage caused by
Tropical Cyclone Yasi; or(b)if the eligible
entity is a non-profit organisation—cleanand restore the
means for conducting its operations thathave suffered
direct damage caused by Tropical CycloneYasi.(2)In particular, assistance is to be
provided under the scheme tohelpaneligibleentitythatisaprimaryproducerorsmallbusiness to cover
the costs of the following—(a)purchasing,hiringorleasingplant,equipmentormaterials—(i)to
clean premises or a property; or(ii)that
are essential to the immediate resumption offarming or other
business activities;(b)engaging a person to clean premises or
a property;(c)clearingordisposingofdebris,damagedgoodsorinjured or dead livestock;(d)repairing and restoring fields;(e)repairing buildings other than
houses;(f)repairing or replacing fencing on a
property;(g)repairing or reconditioning essential
plant or equipment;Page 248Reprint 6B
effective 24 June 2011
Rural
and Regional Adjustment Regulation 2000Schedule(h)repairingorreplacingfittingsinbuildingsotherthanhouses, if repairing or replacing the
fittings is essentialtotheimmediateresumptionoffarmingorotherbusiness
activities;Example—repairing electrical wiring or replacing
floor coverings(i)repairingroadsandinfrastructureessentialtotheoperationoftheeligibleentity’sprimaryproductionenterprise or
small business;(j)leasing temporary premises for the
purpose of resumingtrading;(k)purchasing fodder, or saving crops or feed
for livestock;(l)maintaining the health of livestock or
poultry;(m)replacing lost or damaged stock, other
than livestock, ifreplacementofthestockis
essentialtotheimmediateresumption of farming or other business
activities;(n)engagingapersontoconductasafetyinspectionofpremises;(o)paying wages to an employee of the eligible
entity, if thepayment is more than the wages that would
ordinarilyhave been paid to the employee.(3)Also,inparticular,assistanceistobeprovidedundertheschemetohelpaneligibleentitythatisanon-profitorganisation to cover the costs of the
following—(a)purchasing,hiringorleasingplant,equipmentormaterials—(i)to
clean premises or a property; or(ii)that
are essential to the immediate resumption ofthe eligible
entity’s operations;(b)engaging a person to clean premises or
a property;(c)clearingordisposingofdebrisordamagedgoodsormaterials;(d)repairingorrestoringessentialpremises,includinggrounds, amenities and
infrastructure;Reprint 6B effective 24 June 2011Page
249
Rural
and Regional Adjustment Regulation 2000Schedule(e)repairing or reconditioning essential
plant or equipment;(f)repairing or replacing fittings in
buildings if repairing orreplacingthefittingsisessentialtotheimmediateresumption of the
eligible entity’s operations;Example—repairing electrical wiring or
replacing floor coverings(g)leasing temporary
premises for the purpose of resumingthe eligible
entity’s operations;(h)engagingapersontoconductasafetyinspectionofpremises;(i)paying wages to an employee of the eligible
entity, if thepayment is more than the wages that would
ordinarilyhave been paid to the employee.342Application may be made in 1 capacity
onlyAnapplicantmayapplyforassistanceundertheschemeinonly
1 of the following capacities—(a)primary producer;(b)small
business;(c)non-profit organisation.343Eligibility criteria—primary
producerAn applicant is eligible for assistance
under the scheme if—(a)the applicant is a primary producer;
and(b)theapplicant’sprimaryproductionenterprisehassuffered direct damage as a result of
Tropical CycloneYasi; and(c)the
applicant’s primary production enterprise is locatedintheprescribedTropicalCycloneYasidisasterarea;and(d)theapplicantisprimarilyresponsibleformeetingthecosts
claimed in the application; andPage 250Reprint 6B effective 24 June
2011
Rural
and Regional Adjustment Regulation 2000Schedule(e)theapplicantwasengagedintheprimaryproductionenterprisewhentheareainwhichtheenterpriseislocated became part of the prescribed
Tropical CycloneYasi disaster area; and(f)theauthorityissatisfiedtheapplicantintendstore-establish the primary production
enterprise.344Eligibility criteria—small
businessAn applicant is eligible for assistance
under the scheme if—(a)theapplicantowns(whetherassoleowner,inpartnership or as a private company) a small
business;and(b)theapplicant’ssmallbusinesshassuffereddirectdamage as a result of Tropical Cyclone Yasi;
and(c)the small business is located in the
prescribed TropicalCyclone Yasi disaster area; and(d)theapplicantisprimarilyresponsibleformeetingthecosts
claimed in the application; and(e)theapplicantwasengagedinconductingthebusinesswhen the area in
which the business is located becamepartoftheprescribedTropicalCycloneYasidisasterarea; and(f)theauthorityissatisfiedtheapplicantintendstore-establish the small
business.345Eligibility criteria—non-profit
organisationAn applicant is eligible for assistance
under the scheme if—(a)the applicant is a non-profit
organisation; and(b)the applicant’s means for conducting
its operations havesuffered direct damage as a result of
Tropical CycloneYasi; and(c)theapplicantislocatedintheprescribedTropicalCyclone Yasi disaster area; andReprint 6B effective 24 June 2011Page
251
Rural
and Regional Adjustment Regulation 2000Schedule(d)theapplicantisprimarilyresponsibleformeetingthecosts
claimed in the application; and(e)the
applicant was engaged in conducting its operationswhen
the area in which the applicant is located becamepartoftheprescribedTropicalCycloneYasidisasterarea; and(f)theauthorityissatisfiedtheapplicantintendstore-establish its operations.346Restrictions on eligibility(1)An applicant is not eligible for
assistance under the scheme—(a)for
loss of income as a result of Tropical Cyclone Yasi;or(b)for an item for
which a claim is made in the application,if the applicant
has received or been approved to receivefinancial
assistance, other than partial assistance, underanother scheme, whether or not of the
Commonwealthgovernment or another government.(2)In this section—partialassistance,inrelationtoanotherscheme,meansassistance under
that scheme to fund part of the cost of theitem for which a
claim is made in the application.347Special requirement for particular
assistance(1)Anapplicantiseligibleforassistanceofmorethan$5000under
the scheme only if—(a)the applicant provides evidence to the
authority, in theformoftaxinvoices,officialreceiptsforpaymentorbankstatements,thatallamountsclaimedbytheapplicantundertheschemehavebeenpaidbytheapplicant; or(b)theapplicantdemonstratesfinancialhardshipundersection348andprovidesevidencetotheauthority,inthe form of quotations for work,
equipment or materials,thatallamountsclaimedbytheapplicantunderthePage
252Reprint 6B effective 24 June
2011
Rural
and Regional Adjustment Regulation 2000Scheduleschemeareneededforcleaningandrestoringtheapplicant’sprimaryproductionenterprise,smallbusiness or means for conducting its
operations.(2)Subsection(1)appliestoanapplicanteveniftheapplicantmakes
more than 1 application under the scheme.Example—An applicant makes a claim under the
scheme for $5000 for a smallbusiness and
makes a second claim for $4000. The applicant is noteligible for the further assistance of $4000
unless the applicant providesthe evidence to
the authority as required under the scheme that the totalamount of $9000 claimed has either been paid
by the applicant or, if theapplicanthasdemonstratedhardship,isnecessaryforcleaningandrestoring the small business.348Financial hardship(1)Todemonstratefinancialhardshipforsection347(1)(b),anapplication for assistance mustbe
accompanied by 1 of thefollowing—(a)if
the applicant is a primary producer—(i)evidencethattheapplicantistheholderofacurrent health care card under
theSocial SecurityAct 1991(Cwlth); or(ii)acertificatefromasuitablyqualifiedpersonstating
that—(A)theapplicantcannotpaytheamountsclaimedintheapplicationbecauseoffinancial hardship; and(B)thecontinuationoftheapplicant’sprimaryproduction enterprise is in doubt because
theapplicant can not pay the amounts
claimed;(b)if the applicant is a small
business—(i)if 1 or more of the operators of the
small businessis an individual—evidence that the operator
or atleast 1 of the operators is the holder of a
currenthealth care card under theSocial Security Act 1991(Cwlth);
orReprint 6B effective 24 June 2011Page
253
Rural
and Regional Adjustment Regulation 2000Schedule(ii)acertificatefromasuitablyqualifiedpersonstating
that—(A)theapplicantcannotpaytheamountsclaimedintheapplicationbecauseoffinancial hardship; and(B)thecontinuationoftheapplicant’ssmallbusinessisindoubtbecausetheapplicantcan not pay the
amounts claimed;(c)iftheapplicantisanon-profitorganisation—acertificate from
a suitably qualified person stating that—(i)the
applicant can not pay the amounts claimed inthe application
because of financial hardship; and(ii)thecontinuationoftheapplicant’snon-profitorganisation is in doubt because the
applicant cannot pay the amounts claimed.(2)In this section—suitably
qualified personmeans—(a)generally, a person who—(i)has
financial qualifications that enable the persontogiveacertificatementionedinsubsection(1);and(ii)isamemberofaprofessionalassociationwhosemembers normally provide financial advice;
and(iii)is not an office
holder in the applicant and is nototherwise
associated with the applicant in any way;or(b)for an applicant for whom it is not
reasonably practicaltoengageapersonmentionedinparagraph(a),including,forexample,becausetheapplicant’sresidence is not
located near a populated area, a personwho—(i)has experience in financial matters
because of theperson’soccupation,whetherornotthepersonnormallyprovidesorprovidedfinancialadvice;andPage
254Reprint 6B effective 24 June
2011
Rural
and Regional Adjustment Regulation 2000ScheduleExamples—accountant, bank manager, tax agent(ii)is a member of a relevant professional
association.349Amount of assistanceThe
maximum amount of assistance that may be given to anapplicant under the scheme is $25000.Note—See section 351
for special circumstances in which an applicant may begiven
more than the stated maximum amount.350ConditionsPaymentofassistanceundertheschemeissubjecttothefollowing conditions—(a)anapplicantmust,until31October2012,keepthefollowing records
for amounts for which the applicanthas received
assistance under the scheme—(i)all
tax invoices, official receipts, bank statementsor
other similar records of amounts paid;(ii)all
quotations or other similar records of amountsclaimed;(b)anapplicantmustconsenttotheauthorityobtaininginformationordocumentsfromaninsureroftheapplicant’sprimaryproductionenterprise,smallbusiness or means for conducting its
operations to allowthe authority to verify, for a grant of more
than $5000under the scheme, the applicant’s
entitlements under aninsurance policy taken out with the
insurer;(c)an applicant must consent to the
authority conducting anaudit of the records mentioned in
paragraph (a) to allowtheauthoritytoverifythatamountsgiventotheapplicantundertheschemehavebeenusedinaccordance with the claim for
assistance.Reprint 6B effective 24 June 2011Page
255
Rural
and Regional Adjustment Regulation 2000Schedule351Special provision for particular
applications—primaryproducer or small business(1)This section applies if—(a)aneligibleentityisaprimaryproducerorsmallbusiness;
and(b)theeligibleentityoperatesmorethan1businessorprimaryproductionenterprise(eachaseparatebusiness) at
separate locations; and(c)theauthorityissatisfiedaseparatebusinessisacommercial entity
that would be a commercially viableandautonomousbusiness(aneligibleseparatebusiness)ifotherbusinessesoperatedbytheeligibleentity ceased to
operate.(2)The eligible entity may apply for
assistance under the schemefor each eligible separate business as
if each business were aseparateprimaryproductionenterpriseorsmallbusinessinrelation to which the applicant is
eligible for assistance underthe
scheme.(3)Despite section 349, the maximum
amount of assistance thatmaybegivenforeacheligibleseparatebusinessunderthescheme is $25000.(4)Forsubsection(1)(b),theauthoritymayhaveregardtothefollowing—(a)the
staffing arrangements of the separate business;(b)whetherthebusinesshasitsownplant,equipmentorstock;(c)theaccountingandinsurancearrangementsofthebusiness;(d)whetherthebusinessoperatesunderitsowntradingname.(5)Subsection(4)doesnotlimitthematterstowhichtheauthority may have regard.Page
256Reprint 6B effective 24 June
2011
Rural
and Regional Adjustment Regulation 2000Schedule352Special provision for particular
applications—non-profitorganisations(1)This
section applies if—(a)aneligibleentityoperatesmorethan1non-profitoperation (each
aseparate operation); and(b)the authority is satisfied each
separate operation wouldbe an operation that continues to run
autonomously (aneligible separate operation) if
other operations operatedby the eligible entity ceased to
operate.(2)The eligible entity may apply for
assistance under the schemefor each eligible separate operation
as if each eligible separateoperation were a
separate non-profit organisation in relation towhichtheapplicantiseligibleforassistanceunderthescheme.(3)Despite section 349, the maximum amount of
assistance thatmay be given for each eligible separate
operation under thescheme is $25000.(4)Forsubsection(1)(b),theauthoritymayhaveregardtothefollowing—(a)the
staffing arrangements of the separate operation;(b)theaccountingandinsurancearrangementsoftheseparate operation;(c)whethertheseparateoperationoperatesunderitsowntrading
name;(d)thefinancialindependenceandautonomyoftheseparate operation.(5)Subsection(4)doesnotlimitthematterstowhichtheauthority may have regard.353Special provision about
insurance(1)This section applies if an applicant
receives, or is entitled toreceive, an amount (aninsurance amount) under a policy
ofinsurancerelatingtodirectdamagecausedbyTropicalCyclone
Yasi.Reprint 6B effective 24 June 2011Page
257
Rural
and Regional Adjustment Regulation 2000Schedule(2)Theapplicantisnoteligibletoreceiveagrantunderthescheme to cover particular costs of
cleaning and restoring theapplicant’sprimaryproductionenterprise,smallbusinessormeans
for conducting its operations if the applicant receives,orisentitledtoreceive,aninsuranceamounttocoverthecosts.(3)However,thissectiondoesnotapplyinrelationtothefirst$5000 an
applicant receives under the scheme for the primaryproductionenterprise,smallbusinessornon-profitorganisation.354Applications(1)An
application for assistance under the scheme must—(a)be made on the authority’s application
form; and(b)beaccompaniedbythedocumentationstatedontheapplication;
and(c)be given to the authority.(2)Anapplicationforassistanceundertheschememustbereceived by the authority no later
than 31 October 2011.(3)Theauthoritymayrequestthatanapplicantprovidefurtherrelevant
information required to decide the application.355Deciding applicationsThe authority
must consider, and decide to approve or refuseto approve, each
application for assistance under the scheme.Part 34Dawson Valley Irrigators FixedWater
Charges Rebate Scheme356Definitions for
pt 34In this part—Page 258Reprint 6B effective 24 June
2011
Rural
and Regional Adjustment Regulation 2000Scheduleapplicantmeansapersonapplyingforassistanceunderthescheme.DawsonValleywatersupplyschememeanstheDawsonValley water
supply scheme under theWater Act 2000.disaster
eventsmeans the floods or rain that, in each of
thefollowing periods, affected irrigators who
are or were liable topayfixedwatercharges,fortheperiods,fortheDawsonValley water supply scheme—(a)February or March 2010;(b)December 2010 or January 2011.eligibleirrigatormeansanirrigatoreligibleforassistanceunder the
scheme.fixed water chargemeans the part of
a charge for water that isintendedtorecoverthefixedcostsofoperatingandmaintainingwaterinfrastructure,withinthemeaningoftheWater Act 2000, in the Dawson
Valley water supply scheme.Editor’s
note—Fixed water charges are also known as
‘part A charges’ or ‘allocationcharges’.irrigatormeans a rural
water user who has paid, or is liable topay,toSunWaterafixedwaterchargefortakingwaterforprimary production purposes, other
than for stock purposes ordomestic purposes within the meaning
of theWater Act 2000,schedule 4.rebatepackagemeanstheDawsonValleyIrrigatorsFixedWater
Charges Rebate Package established by the departmentinwhichtheWaterAct2000isadministeredtoprovideassistance to
eligible irrigators who have been affected by thedisaster events.Editor’s
note—Therebatepackageisavailableforinspectiononthatdepartment’swebsite at
<www.derm.qld.gov.au>.relevantchiefexecutivemeansthechiefexecutiveofthedepartment in
which theWater Act 2000is
administered.Reprint 6B effective 24 June 2011Page
259
Rural
and Regional Adjustment Regulation 2000Scheduleschememeans the scheme
set out in this part.SunWatermeans SunWater
Limited ACN 131 034 985.357Objective of
schemeTheobjectiveoftheschemeistoprovidepayments,andadminister matters, for the rebate
package.358Purpose of schemeThe purpose of
assistance under the scheme is to help eligibleirrigators by
rebating particular fixed water charges.359Nature of assistanceThe nature of the
assistance under the scheme is a rebate forthepaymentoffixedwaterchargesincurredfortheperiodfrom
1 January 2011 to 30 June 2011.360Eligibility criteriaFor an applicant
to be eligible to receive assistance—(a)the
applicant must be an irrigator; and(b)the
applicant must have paid to SunWater, or be liable topay
to SunWater, a fixed water charge incurred for theperiod from 1 January 2011 to 30 June 2011;
and(c)therelevantchiefexecutivemustbesatisfiedtheapplicantmeetstheeligibilitycriteriaforassistanceunder the rebate
package; and(d)theauthoritymusthaveadvisedtheapplicantoftherelevant chief executive’s decision
under paragraph (c).361Payment of rebate(1)Paymentofarebateforafixedwaterchargethathasbeenpaid will be made
to the successful applicant’s bank account.Page 260Reprint 6B effective 24 June
2011
Rural
and Regional Adjustment Regulation 2000Schedule(2)Payment of a rebate for a fixed water
charge that has not beenpaid will be made directly to
SunWater.362Applications(1)An
application for assistance must be—(a)made
on the application form approved by the relevantchief
executive; andEditor’s note—A
copy of the application form is available on the website of
thedepartmentinwhichtheWaterAct2000isadministeredat<www.derm.qld.gov.au>.(b)accompanied by the documents
stated—(i)on the application form; or(ii)in the rebate package; and(c)given to the department in which
theWater Act 2000isadministered.(2)Anapplicationforassistanceundertheschememustbereceived by that department no later
than 31 August 2011.363Administrative functionsParticular administrative functions of the
authority under thescheme include the following—(a)verifying and compiling relevant
information about theamounts to be paid to successful
applicants;(b)advisingsuccessfulapplicantsoftherelevantchiefexecutive’sdecisionabouttheireligibilityundertherebate package;(c)providing payments to applicants who the
relevant chiefexecutiveconsiderseligibleforassistanceundertherebatepackage,andcoordinatingmattersrelevanttoproviding the payments.Reprint 6B
effective 24 June 2011Page 261
Rural
and Regional Adjustment Regulation 2000Endnotes3KeyKey to
abbreviations in list of legislation and annotationsKeyAIAamdamdtchdefdivexpgazhdginslapnotfdnumo in comorigpparaprecpresprevExplanation=Acts
Interpretation Act 1954=amended=amendment=chapter=definition=division=expires/expired=gazette=heading=inserted=lapsed=notified=numbered=order
in council=omitted=original=page=paragraph=preceding=present=previousKey(prev)procprovptpubdR[X]RArelocrenumrep(retro)rvsschsdivSIASIRSLsubunnumExplanation=previously=proclamation=provision=part=published=Reprint No.[X]=Reprints Act 1992=relocated=renumbered=repealed=retrospectively=revised edition=section=schedule=subdivision=Statutory Instruments Act 1992=Statutory Instruments Regulation
2002=subordinate legislation=substituted=unnumbered4Table 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.ReprintNo.11AAmendments
tonone2002 SL No. 16Effective23
June 20008 February 2002Reprint
date4 August 200022 February
2002ReprintNo.1B1C1D1E1F1G1HAmendments included2002
SL No. 2062004 SL No. 1662004 SL No.
1692004 SL No. 3062005 SL No.
242005 SL No. 422005 SL No.
602005 SL No. 106Effective23
August 200227 August 200417 December
200425 February 200524 March
200515 April 20053 June
2005NotesReprint 6B
effective 24 June 2011Page 263
Rural
and Regional Adjustment Regulation 2000EndnotesReprintNo.1I1J1K1L1M22A
rv2B2C2D2E2F2G2H2I33A3B3C3D3E3F3G3H44A4B4C4D4DA4E rv4F55A5B5C5D5E5F5GAmendments included2005 SL No.
1322005 SL No. 1332005 SL No.
1612005 SL No. 1892005 SL No.
2242005 SL No. 225—2006
SL No. 102006 SL No. 73—2006
SL No. 170—2006 SL No. 249—2006
SL No. 2872007 SL No. 202007 SL No.
212007 SL No. 362007 SL No.
552007 SL No. 702007 SL No.
2502007 SL No. 3382008 SL No.
152008 SL No. 422008 SL No.
382008 SL No. 110—2008
SL No. 2452008 SL No. 2982008 SL No.
3602009 SL No. 322009 SL No.
1642009 SL No. 1502009 SL No.
164—2009 SL No. 2802010 SL No.
442010 SL No. 902010 SL No.
1182010 SL No. 2102010 SL No.
2462010 SL No. 270Effective24
June 200515 July 200512 August
200516 September 200517 September
200517 September 20053 February
200621 April 200622 April
200630 June 20061 July
20066 October 20067 October
200624 November 20062 March
200723 March 200713 April
200727 April 200712 October
200714 December 20071 February
200829 February 200815 March
20082 May 20082 May 200825
July 20085 September 200831 October
200817 April 20091 July
200917 July 20097 August
20097 August 200918 December
200919 March 201021 May
201018 June 201013 August
201010 September 20101 October
2010NotesR1M withdrawn,
see R2provs exp beginning of22 April
2006provs exp beginning of1 July
2006provs exp beginning of7 October
2006R3H withdrawn, see R4R4F withdrawn,
see R5Page 264Reprint 6B
effective 24 June 2011
Rural
and Regional Adjustment Regulation 2000EndnotesReprintNo.5H5I5J66A6BAmendments included2010 SL No.
3222010 SL No. 3562011 SL No.
12011 SL No. 212011 SL No.
432011 SL No. 109Effective26
November 201010 December 201011 January
201118 March 201115 April
201124 June 2011Notes5Tables in earlier reprintsName
of tableCorrected minor errorsReprint
No.66List of
legislationRuralandRegionalAdjustmentRegulation2000SLNo.124(prevRuralAdjustment Authority Regulation 2000)made
by the Governor in Council on 22 June 2000notfd gaz 23 June
2000 pp 652–4commenced on date of notificationexp
31 August 2011 (see SIA s 56A(1)(b) and SIR s 5 sch 3)Note—The expiry date may have changed since
this reprint was published. See thelatest reprint of
the SIR for any change.amending legislation—Rural
Adjustment Authority Amendment Regulation (No. 1) 2002 SL No.
16notfd gaz 8 February 2002 pp 442–3commenced on date of notificationRural
Adjustment Authority Amendment Regulation (No. 2) 2002 SL No.
206notfd gaz 23 August 2002 pp 1478–81ss
1–2 commenced on date of notificationremaining
provisions commenced 23 August 2002 (see s 2 and 2002 SL No.
214)Government Owned Corporations Regulation 2004
SL No. 166 ss 1, 45notfd gaz 27 August 2004 pp 1330–2commenced on date of notificationRural
Adjustment Authority Amendment Regulation (No. 1) 2004 SL No.
169notfd gaz 27 August 2004 pp 1330–2commenced on date of notificationRural
Adjustment Authority Amendment Regulation (No. 2) 2004 SL No.
306notfd gaz 17 December 2004 pp 1277–85commenced on date of notificationReprint 6B effective 24 June 2011Page
265
Rural
and Regional Adjustment Regulation 2000EndnotesRural
and Regional Adjustment Amendment Regulation (No. 1) 2005 SL No.
24notfd gaz 25 February 2005 pp 674–7commenced on date of notificationRural
and Regional Adjustment Amendment Regulation (No. 2) 2005 SL No.
42notfd gaz 24 March 2005 pp 996–7commenced on date of notificationRural
and Regional Adjustment Amendment Regulation (No. 3) 2005 SL No.
60notfd gaz 15 April 2005 pp 1214–15commenced on date of notificationRural
and Regional Adjustment Amendment Regulation (No. 4) 2005 SL No.
106notfd gaz 3 June 2005 pp 415–19commenced on date of notificationRural
and Regional Adjustment Amendment Regulation (No. 5) 2005 SL No.
132notfd gaz 24 June 2005 pp 639–45commenced on date of notificationRural
and Regional Adjustment Amendment Regulation (No. 6) 2005 SL No.
133notfd gaz 24 June 2005 pp 639–45commenced on date of notificationRural
and Regional Adjustment Amendment Regulation (No. 7) 2005 SL No.
161notfd gaz 15 July 2005 pp 906–7commenced on date of notificationRural
and Regional Adjustment Amendment Regulation (No. 8) 2005 SL No.
189notfd gaz 12 August 2005 pp 1297–1303commenced on date of notificationRural
and Regional Adjustment Amendment Regulation (No. 9) 2005 SL No.
224notfd gaz 16 September 2005 pp 226–7commenced on date of notificationRural
and Regional Adjustment Amendment Regulation (No. 10) 2005 SL No.
225notfd gaz 16 September 2005 pp 226–7ss
1–2 commenced on date of notificationremaining
provisions commenced 17 September 2005 (see s 2)Rural
and Regional Adjustment Amendment Regulation (No. 1) 2006 SL No.
10notfd gaz 3 February 2006 pp 426–7commenced on date of notificationRural
and Regional Adjustment Amendment Regulation (No. 2) 2006 SL No.
73notfd gaz 21 April 2006 pp 1544–5commenced on date of notificationRural
and Regional Adjustment Amendment Regulation (No. 3) 2006 SL No.
170notfd gaz 30 June 2006 pp 1060–7commenced on date of notificationPage
266Reprint 6B effective 24 June
2011
Rural
and Regional Adjustment Regulation 2000EndnotesRural
and Regional Adjustment Amendment Regulation (No. 4) 2006 SL No.
249notfd gaz 6 October 2006 pp 577–80commenced on date of notificationRural
and Regional Adjustment Amendment Regulation (No. 5) 2006 SL No.
287notfd gaz 24 November 2006 pp 1476–9commenced on date of notificationRural
and Regional Adjustment Amendment Regulation (No. 1) 2007 SL No.
20notfd gaz 2 March 2007 pp 983–6commenced on date of notificationRural
and Regional Adjustment Amendment Regulation (No. 2) 2007 SL No.
21notfd gaz 2 March 2007 pp 983–6commenced on date of notificationRural
and Regional Adjustment Amendment Regulation (No. 3) 2007 SL No.
36notfd gaz 23 March 2007 pp 1366–9commenced on date of notificationRural
and Regional Adjustment Amendment Regulation (No. 4) 2007 SL No.
55notfd gaz 13 April 2007 pp 1685–6commenced on date of notificationRural
and Regional Adjustment Amendment Regulation (No. 5) 2007 SL No.
70notfd gaz 27 April 2007 pp 1887–90commenced on date of notificationRural
and Regional Adjustment Amendment Regulation (No. 6) 2007 SL No.
250notfd gaz 12 October 2007 pp 841–2commenced on date of notificationRural
and Regional Adjustment Amendment Regulation (No. 7) 2007 SL No.
338notfd gaz 14 December 2007 pp 2131–5commenced on date of notificationRural
and Regional Adjustment Amendment Regulation (No. 1) 2008 SL No.
15notfd gaz 1 February 2008 pp 465–7commenced on date of notificationPrimary Industries and Other Legislation
Amendment Regulation (No. 1) 2008 SLNo. 38 pts 1,
9notfd gaz 29 February 2008 pp 1012–14ss
1–2 commenced on date of notificationremaining
provisions commenced 15 March 2008 (see s 2)Rural and Regional
Adjustment Amendment Regulation (No. 2) 2008 SL No. 42notfd
gaz 29 February 2008 pp 1012–14commenced on date
of notificationRural and Regional Adjustment Amendment
Regulation (No. 3) 2008 SL No. 110notfd gaz 2 May
2008 pp 164–5commenced on date of notificationReprint 6B effective 24 June 2011Page
267
Rural
and Regional Adjustment Regulation 2000EndnotesRural
and Regional Adjustment Amendment Regulation (No. 4) 2008 SL No.
245notfd gaz 25 July 2008 pp 1838–41commenced on date of notificationRural
and Regional Adjustment Amendment Regulation (No. 5) 2008 SL No.
298notfd gaz 5 September 2008 pp 144–5commenced on date of notificationRural
and Regional Adjustment Amendment Regulation (No. 6) 2008 SL No.
360notfd gaz 31 October 2008 pp 1204–5commenced on date of notificationRural
and Regional Adjustment Amendment Regulation (No. 1) 2009 SL No.
32notfd gaz 17 April 2009 pp 1775–6commenced on date of notificationRural
and Regional Adjustment Amendment Regulation (No. 2) 2009 SL No.
150notfd gaz 17 July 2009 pp 1103–4commenced on date of notificationRural
and Regional Adjustment Amendment Regulation (No. 3) 2009 SL No.
164notfd gaz 7 August 2009 pp 1294–5ss
1–2 commenced on date of notifications 4(4)–(7)
commenced 1 July 2009 (see s 2)remaining
provisions commenced on date of notificationSustainable
Planning Regulation 2009 SL No. 280 ss 1–2, pt 9 div 20notfd
gaz 27 November 2009 pp 1001–6ss 1–2 commenced
on date of notificationremaining provisions commenced 18
December 2009 (see s 2)Rural and Regional Adjustment Amendment
Regulation (No. 1) 2010 SL No. 44notfd gaz 19
March 2010 pp 671–2commenced on date of notificationRural
and Regional Adjustment Amendment Regulation (No. 2) 2010 SL No.
90notfd gaz 21 May 2010 pp 185–6commenced on date of notificationRural
and Regional Adjustment Amendment Regulation (No. 3) 2010 SL No.
118notfd gaz 18 June 2010 pp 529–35commenced on date of notificationRural
and Regional Adjustment Amendment Regulation (No. 4) 2010 SL No.
210notfd gaz 13 August 2010 pp 1360–1commenced on date of notificationRural
and Regional Adjustment Amendment Regulation (No. 5) 2010 SL No.
246notfd gaz 10 September 2010 pp 115–16commenced on date of notificationRural
and Regional Adjustment Amendment Regulation (No. 6) 2010 SL No.
270notfd gaz 1 October 2010 pp 294–7commenced on date of notificationPage
268Reprint 6B effective 24 June
2011
Rural
and Regional Adjustment Regulation 2000EndnotesRural
and Regional Adjustment Amendment Regulation (No. 7) 2010 SL No.
322notfd gaz 26 November 2010 pp 810–13commenced on date of notificationRural
and Regional Adjustment Amendment Regulation (No. 8) 2010 SL No.
356notfd gaz 10 December 2010 pp 1082–6commenced on date of notificationRural
and Regional Adjustment Amendment Regulation (No. 1) 2011 SL No.
1notfd gaz 11 January 2011 pp 35–36commenced on date of notificationNote—An explanatory note was
prepared.Rural and Regional Adjustment Amendment
Regulation (No. 2) 2011 SL No. 21notfd gaz 18
March 2011 pp 440–1commenced on date of notificationNote—An explanatory note was
prepared.Rural and Regional Adjustment Amendment
Regulation (No. 3) 2011 SL No. 43notfd gaz 15
April 2011 pp 624–6commenced on date of notificationNote—An explanatory note was
prepared.Rural and Regional Adjustment Amendment
Regulation (No. 4) 2011 SL No. 109notfd gaz 24 June
2011 pp 534–8commenced on date of notificationNote—An explanatory note was
prepared.7List of annotationsPART
1—PRELIMINARYpt hdgins 2004 SL No.
169 s 3Short titles 1sub
2004 SL No. 306 s 3Notes in texts 2amd
2002 SL No. 16 s 3; 2002 SL No. 206 s 4; 2004 SL No. 166 s 45(2);
2004SL No. 169 s 4sub 2005 SL No.
225 s 4om 2006 SL No. 249 s 3PART 2—OTHER
FUNCTIONS OF AUTHORITYpt hdgins 2004 SL No.
169 s 5Application of pt 2s 2Ains
2004 SL No. 169 s 5amd 2010 SL No. 118 s 3Reprint 6B
effective 24 June 2011Page 269
Rural
and Regional Adjustment Regulation 2000EndnotesDSAP
schemeprov hdgsub 2002 SL No.
16 s 4(1); 2004 SL No. 169 s 6(1)s 3amd
2002 SL No. 16 s 4(2); 2002 SL No. 206 s 5; 2004 SL No. 169 s
6(2)–(4);2005 SL No. 225 s 5Rural irrigation
water usersprov hdgins 2004 SL No.
169 s 6(5)s 4amd 2004 SL No. 169 s 7; 2005 SL No.
225 s 6State loans for residential servicesprov
hdgins 2004 SL No. 169 s 6(6)s
5amd 2004 SL No. 169 s 8sub 2005 SL No.
225 s 7Adjustment packages 6ins
2004 SL No. 169 s 9amd 2005 SL No. 225 s 8; 2006 SL No. 249 s
4PART 3—APPROVED ASSISTANCE SCHEMESpt
hdgins 2005 SL No. 24 s 4Approval of
schemes—Act, s 11s 7ins 2005 SL No. 24 s 4sub
2005 SL No. 224 s 3amd 2005 SL No. 225 s 9; 2006 SL No. 73 s 3;
2006 SL No. 170 s 3; 2006 SLNo. 249 s 5; 2006
SL No. 287 s 3; 2007 SL No. 20 s 3; 2007 SL No. 21 s 3;2007
SL No. 36 s 3; 2007 SL No. 250 s 3; 2008 SL No. 15 s 3; 2008
SLNo. 245 s 3; 2008 SL No. 298 s 3; 2008 SL
No. 360 s 3; 2009 SL No. 150 s3; 2010 SL No. 44
s 3; 2010 SL No. 270 s 3; 2011 SL No. 1 s 3; 2011 SLNo.
21 s 3; 2011 SL No. 109 s 3PART 4—MISCELLANEOUSpt
hdgorig pt 4 hdg (prev pt 3 hdg) ins 2004 SL
No. 306 s 4renum 2005 SL No. 24 s 3om 2005 SL No.
225 s 10prev pt 4 hdg ins 2006 SL No. 73 s 4exp
beginning of 22 April 2006 (see s 10)ins 2006 SL No.
170 s 4exp beginning of 1 July 2006 (see s
10)ins 2006 SL No. 249 s 6exp beginning of
7 October 2006 (see s 10B)Amendment of existing approved
assistance scheme for primary producers—Act, s54s
8orig s 8 ins 2005 SL No. 24 s 4amd
2005 SL No. 60 s 3om 2005 SL No. 224 s 3prev s 8 ins 2006
SL No. 73 s 4exp beginning of 22 April 2006 (see s
10)ins 2006 SL No. 170 s 4exp beginning of
1 July 2006 (see s 10)Page 270Reprint 6B
effective 24 June 2011
Rural
and Regional Adjustment Regulation 2000Endnotesins
2006 SL No. 249 s 6exp beginning of 7 October 2006 (see s
10B)Approval of FarmBis Program Schemes
8Ains 2005 SL No. 60 s 4om 2005 SL No.
224 s 3Approval of Primary Industry Productivity
Enhancement Schemes 8Bins 2005 SL No. 133 s 3om
2005 SL No. 224 s 3Approval of Drought Carry-on Finance
Schemes 8Cins 2005 SL No. 189 s 3om
2005 SL No. 224 s 3Approval of Drought Recovery Schemes
8Dins 2005 SL No. 189 s 3om 2005 SL No.
224 s 3Amendment of existing approved assistance
scheme for small business—Act, s 54s 9orig
s 9 (prev s 7) ins 2004 SL No. 306 s 4renum 2005 SL No.
24 s 3amd 2005 SL No. 42 s 3; 2005 SL No. 161 s
3om 2005 SL No. 225 s 10prev s 9 ins 2006
SL No. 73 s 4exp beginning of 22 April 2006 (see s
10)ins 2006 SL No. 170 s 4exp beginning of
1 July 2006 (see s 10)ins 2006 SL No. 249 s 6exp
beginning of 7 October 2006 (see s 10B)Amendmentofexistingapprovedenterpriseassistanceschemeforvegetationmanagement—Act, s
54s 10orig s 10 ins 2006 SL No. 73 s
4exp beginning of 22 April 2006 (see s
10)prev s 10 ins 2006 SL No. 170 s 4exp
beginning of 1 July 2006 (see s 10)ins 2006 SL No.
249 s 6exp beginning of 7 October 2006 (see s
10B)Amendmentofexistingapprovedexitassistanceschemeforvegetationmanagement—Act, s
54s 10Ains 2006 SL No. 249 s 6exp
beginning of 7 October 2006 (see s 10B)Expiry of pt
4s 10Bins 2006 SL No. 249 s 6exp
beginning of 7 October 2006 (see s 10B)Reprint 6B
effective 24 June 2011Page 271
Rural
and Regional Adjustment Regulation 2000EndnotesPART
5—TRANSITIONAL PROVISIONSpt hdgins 2006 SL No.
170 s 4amd 2010 SL No. 118 s 4sub 2010 SL No.
356 s 3Division 1—Transitional provisions for Rural
and Regional Adjustment AmendmentRegulation (No.
3) 2006div hdgins 2010 SL No.
356 s 3ReferencestotheNaturalDisasterRelief—TCLarry-TCMonica(PrimaryProducers) Scheme
by former names 11ins 2006 SL No. 170 s 4References to the Natural Disaster Relief—TC
Larry - TC Monica (Small Business)Scheme by former
names 12ins 2006 SL No. 170 s 4Division 2—Transitional provision for Rural
and Regional Adjustment AmendmentRegulation (No.
7) 2010div hdgins 2010 SL No.
356 s 4Existing approved application for
assistances 13ins 2010 SL No. 322 s 3Division 3—Transitional provisions for Rural
and Regional Adjustment AmendmentRegulation (No.
8) 2010div 3 (ss 14–16)ins 2010 SL No.
356 s 5Division 4—Transitional provision for Rural
and Regional Adjustment AmendmentRegulation (No.
3) 2011div 4 (s 17)ins 2011 SL No.
43 s 3PART6—TRANSITIONALPROVISIONFORRURALANDREGIONALADJUSTMENT
AMENDMENT REGULATION (No. 7) 2010pt hdgins
2010 SL No. 322 s 3om 2010 SL No. 356 s 4SCHEDULE—APPROVED
ASSISTANCE SCHEMESsch hdgins 2005 SL No.
24 s 5sub 2005 SL No. 60 s 5(1)amd
2005 SL No. 133 s 4(1); 2005 SL No. 224 s 4PART 1—CITRUS
INDUSTRY RECOVERY SCHEMEpt hdgins 2005 SL No.
60 s 5(2)Division 1—Preliminarydiv hdgins
2005 SL No. 106 s 3(1)Definitions for pt 1prov
hdgins 2005 SL No. 24 s 5sub 2005 SL No.
60 s 5(3)amd 2005 SL No. 189 s 4(2)s
1ins 2005 SL No. 24 s 5amd 2005 SL No.
60 s 5(4); 2005 SL No. 189 s 4(3)Page 272Reprint 6B effective 24 June
2011
Rural
and Regional Adjustment Regulation 2000Endnotesdef“division 2 scheme”ins
2005 SL No. 106 s 3(2)def“domestic market
grower”ins 2005 SL No. 106 s 3(2)def“scheme”ins 2005 SL No.
106 s 3(2)Division 2—Loans to relevant growersdiv
hdgins 2005 SL No. 106 s 3(3)Objective of schemes 2ins
2005 SL No. 24 s 5Purpose of assistances 3ins
2005 SL No. 24 s 5Nature of assistances 4ins
2005 SL No. 24 s 5Maximum loan amountss 5ins
2005 SL No. 24 s 5Eligibility criterias 6ins
2005 SL No. 24 s 5Requirements for business plans
7ins 2005 SL No. 24 s 5Terms of
repayments 8ins 2005 SL No. 24 s 5Interest rates 9ins
2005 SL No. 24 s 5Securitys 10ins
2005 SL No. 24 s 5Terms and conditionss 11ins
2005 SL No. 24 s 5Applicationss 12ins
2005 SL No. 24 s 5Division 3—Refinancing loans to domestic
market growersdiv hdgins 2005 SL No.
106 s 3(4)Objective of schemes 12Ains
2005 SL No. 106 s 3(4)Purpose of assistances
12Bins 2005 SL No. 106 s 3(4)Nature
of assistances 12Cins 2005 SL No. 106 s 3(4)Maximum loan amountss 12Dins
2005 SL No. 106 s 3(4)Reprint 6B effective 24 June
2011Page 273
Rural
and Regional Adjustment Regulation 2000EndnotesFurther assistance under division 2 scheme
permitteds 12Eins 2005 SL No. 106 s 3(4)Eligibility criterias 12Fins
2005 SL No. 106 s 3(4)Requirements for business plans
12Gins 2005 SL No. 106 s 3(4)Terms
of repayments 12Hins 2005 SL No. 106 s 3(4)amd
2007 SL No. 70 s 3(1)–(2)Interest rates 12Iins
2005 SL No. 106 s 3(4)Other provisions of the schemes
12Jins 2005 SL No. 106 s 3(4)PART
2—FARMBIS PROGRAM SCHEMEpt hdgins 2005 SL No.
60 s 5(5)Definitions pt 2prov hdgamd
2005 SL No. 189 s 4(4)s 13ins 2005 SL No.
60 s 5(5)amd 2005 SL No. 189 s 4(5)Who is
an eligible participants 14ins 2005 SL No.
60 s 5(5)Purpose of schemes 15ins
2005 SL No. 60 s 5(5)amd 2005 SL No. 132 s 3(1)–(2)Type
of assistances 16ins 2005 SL No. 60 s 5(5)Principles for delivering learning
activitiess 17ins 2005 SL No. 60 s 5(5)Restrictions on giving assistances
18ins 2005 SL No. 60 s 5(5)Eligibility criterias 19ins
2005 SL No. 60 s 5(5)Determinations by Ministers
20ins 2005 SL No. 60 s 5(5)Amount
of contribution to approved costss 21ins
2005 SL No. 60 s 5(5)amd 2005 SL No. 132 s 3(3)–(4)Page
274Reprint 6B effective 24 June
2011
Rural
and Regional Adjustment Regulation 2000EndnotesMaximum and minimum contribution
amountss 22ins 2005 SL No. 60 s 5(5)amd
2005 SL No. 132 s 3(5)Applicationss 23ins
2005 SL No. 60 s 5(5)Deciding applicationss
24ins 2005 SL No. 60 s 5(5)Terms
and conditionss 25ins 2005 SL No. 60 s 5(5)amd
2005 SL No. 132 s 3(6)–(8)Payments 26ins
2005 SL No. 60 s 5(5)PART 3—PRIMARY INDUSTRY PRODUCTIVITY
ENHANCEMENT SCHEMEpt hdgins 2005 SL No.
133 s 4(2)Division 1—Preliminarydiv hdgins
2005 SL No. 133 s 4(2)Objective of schemes 27ins
2005 SL No. 133 s 4(2)sub 2010 SL No. 356 s 6(1)Application of schemes 28ins
2005 SL No. 133 s 4(2)amd 2010 SL No. 356 s 6(2)Definitions for pt 3s 29ins
2005 SL No. 133 s 4(2)def“authorised
officer”om 2010 SL No. 356 s 6(3)def“certified activities”om
2010 SL No. 356 s 6(3)def“development
program”om 2010 SL No. 356 s 6(3)def“management plan”amd 2010 SL No.
356 s 6(5)def“mutual obligation condition”ins
2010 SL No. 356 s 6(4)def“primary
producer”sub 2010 SL No. 356 s 6(3)–(4)def“resource management program”om
2010 SL No. 356 s 6(3)def“sustainability
program”ins 2010 SL No. 356 s 6(4)Division 2—General provisions for
schemediv hdgins 2005 SL No.
133 s 4(2)Nature of assistances 30ins
2005 SL No. 133 s 4(2)amd 2010 SL No. 356 s 6(6)Eligible activitiess 31ins
2005 SL No. 133 s 4(2)Reprint 6B effective 24 June
2011Page 275
Rural
and Regional Adjustment Regulation 2000EndnotesInterest rates 32ins
2005 SL No. 133 s 4(2)amd 2010 SL No. 356 s 6(7)–(10)Terms
of repayments 33ins 2005 SL No. 133 s 4(2)Securitys 34ins
2005 SL No. 133 s 4(2)amd 2010 SL No. 356 s 6(11)Applicationss 35ins
2005 SL No. 133 s 4(2)Deciding applicationss
36ins 2005 SL No. 133 s 4(2)Mutual
obligation condition of loan—reporting outcomess 36Ains
2010 SL No. 356 s 6(12)Division 3—First start programdiv
hdgins 2005 SL No. 133 s 4(2)Purpose of assistance under the first start
programs 37ins 2005 SL No. 133 s 4(2)amd
2010 SL No. 356 s 6(13)Maximum loan amountss
38ins 2005 SL No. 133 s 4(2)amd
2010 SL No. 356 s 6(14)Eligibility criterias
39ins 2005 SL No. 133 s 4(2)amd
2010 SL No. 356 s 6(15)–(18)Maximum term of
loans 40ins 2005 SL No. 133 s 4(2)Division 4—Sustainability programdiv 4
(ss 41–44)ins 2005 SL No. 133 s 4(2)sub
2010 SL No. 356 s 6(19)Division 5—Resource management
programdiv hdgins 2005 SL No.
133 s 4(2)om 2010 SL No. 356 s 6(19)Purpose of assistance under the resource
management programs 45ins 2005 SL No. 133 s 4(2)om
2010 SL No. 356 s 6(19)Maximum loan amounts and outstanding
loan balancess 46ins 2005 SL No. 133 s 4(2)om
2010 SL No. 356 s 6(19)Page 276Reprint 6B
effective 24 June 2011
Rural
and Regional Adjustment Regulation 2000EndnotesEligibility criterias 47ins
2005 SL No. 133 s 4(2)amd 2009 SL No. 164 s 4(1)om
2010 SL No. 356 s 6(19)Maximum term of loans
48ins 2005 SL No. 133 s 4(2)om
2010 SL No. 356 s 6(19)Payments 49ins
2005 SL No. 133 s 4(2)amd 2009 SL No. 164 s 4(2)–(3)om
2010 SL No. 356 s 6(19)PART 4—DROUGHT CARRY-ON FINANCE
SCHEMEpt hdgins 2005 SL No.
189 s 4(6)Definitions for pt 4s 50ins
2005 SL No. 189 s 4(6)What is a “drought affected
area”s 51ins 2005 SL No. 189 s 4(6)Objective of schemes 52ins
2005 SL No. 189 s 4(6)Nature of assistances
53ins 2005 SL No. 189 s 4(6)Maximum loan amountss 54ins
2005 SL No. 189 s 4(6)Eligibility criterias
55ins 2005 SL No. 189 s 4(6)amd
2007 SL No. 20 s 4(1)Maximum term of loans
56ins 2005 SL No. 189 s 4(6)Terms
of repayments 57ins 2005 SL No. 189 s 4(6)Interest rates 58ins
2005 SL No. 189 s 4(6)Securitys 59ins
2005 SL No. 189 s 4(6)Applicationss 60ins
2005 SL No. 189 s 4(6)Deciding applicationss
61ins 2005 SL No. 189 s 4(6)Reprint 6B effective 24 June 2011Page
277
Rural
and Regional Adjustment Regulation 2000EndnotesPART
5—DROUGHT RECOVERY SCHEMEpt hdgins 2005 SL No.
189 s 4(6)Definitions for pt 5s 62ins
2005 SL No. 189 s 4(6)What is a “drought affected
area”s 63ins 2005 SL No. 189 s 4(6)Objective of schemes 64ins
2005 SL No. 189 s 4(6)Purpose of assistances
65ins 2005 SL No. 189 s 4(6)Nature
of assistances 66ins 2005 SL No. 189 s 4(6)Maximum loan amountss 67ins
2005 SL No. 189 s 4(6)Eligibility criterias
68ins 2005 SL No. 189 s 4(6)Maximum term of loans 69ins
2005 SL No. 189 s 4(6)Terms of repayments 70ins
2005 SL No. 189 s 4(6)Interest rates 71ins
2005 SL No. 189 s 4(6)Securitys 72ins
2005 SL No. 189 s 4(6)Applicationss 73ins
2005 SL No. 189 s 4(6)Deciding applicationss
74ins 2005 SL No. 189 s 4(6)Payments 75ins
2005 SL No. 189 s 4(6)PART 6—CITRUS REIMBURSEMENT AND
RE-ESTABLISHMENT SCHEMEpt hdgins 2005 SL No.
189 s 4(6)Definitions for pt 6s 76ins
2005 SL No. 189 s 4(6)def“permitted local
government area”amd 2008 SL No. 38 s 34def“pest
quarantine area”amd 2007 SL No. 70 s 3(3)def“relevant property”amd
2006 SL No. 249 s 7(1)Purpose of assistances
77ins 2005 SL No. 189 s 4(6)Page
278Reprint 6B effective 24 June
2011
Rural
and Regional Adjustment Regulation 2000EndnotesNature
of assistances 78ins 2005 SL No. 189 s 4(6)Eligibility criterias 79ins
2005 SL No. 189 s 4(6)Terms and conditionss
80ins 2005 SL No. 189 s 4(6)Applicationss 81ins
2005 SL No. 189 s 4(6)PART 7—SMALL BUSINESS EMERGENCY
ASSISTANCE SCHEMEpt hdgins 2005 SL No.
225 s 11Definitions for pt 7s 82ins
2005 SL No. 225 s 11Objective of schemes 83ins
2005 SL No. 225 s 11Nature of assistances 84ins
2005 SL No. 225 s 11Maximum subsidy amounts 85ins
2005 SL No. 225 s 11amd 2007 SL No. 20 s 4(2)–(3); 2007 SL No.
338 s 3(1)Eligibility criterias 86ins
2005 SL No. 225 s 11Applicationss 87ins
2005 SL No. 225 s 11Deciding applicationss 88ins
2005 SL No. 225 s 11PART 8—EXCEPTIONAL CIRCUMSTANCES
SCHEMEpt hdgins 2005 SL No.
225 s 11Definitions for pt 8s 89ins
2005 SL No. 225 s 11def“carry-on finance”ins 2007 SL No.
338 s 3(3)def“EC period”ins 2006 SL No.
10 s 3(2)amd 2007 SL No. 338 s 3(2)def“EC year”om 2006 SL No. 10
s 3(1)Objectives of schemes 90ins
2005 SL No. 225 s 11Purpose of assistances 91ins
2005 SL No. 225 s 11Nature of assistances 92ins
2005 SL No. 225 s 11Reprint 6B effective 24 June
2011Page 279
Rural
and Regional Adjustment Regulation 2000EndnotesLevel
of assistances 93ins 2005 SL No. 225 s 11amd
2006 No. 10 s 3(3)–(4); 2007 SL No. 20 s 4(4); 2007 SL No. 55 s
3(1);2007 SL No. 338 s 3(4); 2008 SL No. 298 s
4(1); 2009 SL No. 32 s 3(1)Period of assistances
94ins 2005 SL No. 225 s 11amd 2006 No. 10 s
3(3), (5)–(6); 2007 SL No. 338 s 3(4)Eligibility
criterias 95ins 2005 SL No. 225 s 11amd
2006 No. 10 s 3(3); 2007 SL No. 20 s 4(5)–(11); 2007 SL No. 338
s3(4)–(6); 2009 SL No. 32 s 3(2); 2009 SL No.
164 s 4(4) (retro); 2010 SLNo. 246 s 3(1)Applicationss 96ins
2005 SL No. 225 s 11amd 2006 No. 10 s 3(3); 2007 SL No. 338 s
3(7); 2010 SL No. 246 s 3(2)–(3)Deciding
applicationss 97ins 2005 SL No. 225 s 11Terms
and conditionss 98ins 2005 SL No. 225 s 11amd
2006 No. 10 s 3(3); 2007 SL No. 338 s 3(8)Applications made
after 24 September 2007 and before 30 June 2011prov hdgamd
2009 SL No. 32 s 3(3); 2009 SL No. 164 s 4(5) (retro); 2010 SL No.
246s 3(4)s 98Ains
2007 SL No. 338 s 3(9)amd 2009 SL No. 32 s 3(4); 2009 SL No.
164 s 4(5) (retro); 2010 SL No. 246s 3(4)PART9—NATURALDISASTERRELIEF—TCLARRY-TCMONICA(PRIMARY PRODUCERS) SCHEMEpt
hdgins 2006 SL No. 73 s 5amd 2006 SL No.
170 s 5(1)Definitions for pt 9s 99ins
2006 SL No. 73 s 5def“natural disaster relief
arrangements”amd 2006 SL No. 170 s 5(4)def“prescribed disaster area”sub
2006 SL No. 170 s 5(2)–(3)def“relevant cyclone
event”ins 2006 SL No. 170 s 5(3)def“TC Larry”amd 2006 SL No.
170 s 5(5)def“TC Monica”ins 2006 SL No.
170 s 5(3)Purpose of assistances 100ins
2006 SL No. 73 s 5amd 2006 SL No. 170 s 5(6)–(7)Nature
of assistances 101ins 2006 SL No. 73 s 5amd
2006 SL No. 170 s 5(7)Page 280Reprint 6B
effective 24 June 2011
Rural
and Regional Adjustment Regulation 2000EndnotesMaximum amount of assistances
102ins 2006 SL No. 73 s 5Eligibility
criterias 103ins 2006 SL No. 73 s 5amd
2006 SL No. 170 s 5(7)–(9)Securitys 104ins
2006 SL No. 73 s 5Terms of repayments 105ins
2006 SL No. 73 s 5Applicationss 106ins
2006 SL No. 73 s 5PART 10—NATURAL DISASTER RELIEF—TC LARRY - TC
MONICA (SMALLBUSINESS) SCHEMEpt hdgins
2006 SL No. 73 s 5amd 2006 SL No. 170 s 5(10)Definitions for pt 10s 107ins
2006 SL No. 73 s 5def“relevant cyclone event”ins
2006 SL No. 170 s 5(11)def“TC Larry”amd
2006 SL No. 170 s 5(12)def“TC
Monica”ins 2006 SL No. 170 s 5(11)Purpose of assistances 108ins
2006 SL No. 73 s 5amd 2006 SL No. 170 s 5(13)Nature
of assistances 109ins 2006 SL No. 73 s 5Maximum amount of assistances
110ins 2006 SL No. 73 s 5amd 2006 SL No.
170 s 5(13)Eligibility criterias 111ins
2006 SL No. 73 s 5amd 2006 SL No. 170 s 5(13)Securitys 112ins
2006 SL No. 73 s 5Terms of repayments 113ins
2006 SL No. 73 s 5Applicationss 114ins
2006 SL No. 73 s 5PART 11—NATURAL DISASTER RELIEF (PRIMARY
PRODUCERS) SCHEMEpt hdgins 2006 SL No.
249 s 7(2)Reprint 6B effective 24 June 2011Page
281
Rural
and Regional Adjustment Regulation 2000EndnotesDivision 1—Preliminarydiv hdgins
2006 SL No. 249 s 7(2)Definitions for pt 11s
115ins 2006 SL No. 249 s 7(2)def“defined disaster area”amd
2008 SL No. 110 s 3(1)def“development”amd 2009 SL No.
280 s 121(1)def“natural disaster relief and recovery
arrangements”amd 2008 SL No.110 s 3(2)Meaning of eligible natural disasters
116ins 2006 SL No. 249 s 7(2)Meaning of individual disaster stricken
propertys 117ins 2006 SL No. 249 s 7(2)Purpose of assistances 118ins
2006 SL No. 249 s 7(2)Division 2—Natural disaster relief
assistancediv hdgins 2006 SL No.
249 s 7(2)Nature of assistances 119ins
2006 SL No. 249 s 7(2)Maximum loan amountss
120ins 2006 SL No. 249 s 7(2)amd
2008 SL No. 110 s 3(3)–(5)Eligibility criterias
121ins 2006 SL No. 249 s 7(2)amd
2008 SL No. 110 s 3(6)Interest ratess 122ins
2006 SL No. 249 s 7(2)Securitys 123ins
2006 SL No. 249 s 7(2)Terms of repayments 124ins
2006 SL No. 249 s 7(2)Review by authoritys 125ins
2006 SL No. 249 s 7(2)Applications 126ins
2006 SL No. 249 s 7(2)Provision about particular
applicationss 126Ains 2008 SL No.
110 s 3(7)PART 12—NATURAL DISASTER RELIEF (SMALL
BUSINESS) SCHEMEpt hdgins 2006 SL No.
249 s 7(2)Page 282Reprint 6B
effective 24 June 2011
Rural
and Regional Adjustment Regulation 2000EndnotesDefinitions for pt 12s 127ins
2006 SL No. 249 s 7(2)def“development”amd 2009 SL No.
280 s 121(2)def“natural disaster relief and recovery
arrangements”ins 2008 SL No.110 s 3(8)Meaning of eligible natural disasters
128ins 2006 SL No. 249 s 7(2)Purpose of assistances 129ins
2006 SL No. 249 s 7(2)Nature of assistances
130ins 2006 SL No. 249 s 7(2)Maximum loan amountss 131ins
2006 SL No. 249 s 7(2)amd 2008 SL No. 110 s 3(9)–(10)Eligibility criterias 132ins
2006 SL No. 249 s 7(2)amd 2008 SL No. 110 s 3(11)Securitys 133ins
2006 SL No. 249 s 7(2)Terms of repayments 134ins
2006 SL No. 249 s 7(2)Applications 135ins
2006 SL No. 249 s 7(2)Provision about particular
applicationss 135Ains 2008 SL No.
110 s 3(12)PART13—VEGETATIONMANAGEMENT(ENTERPRISEASSISTANCE)SCHEMEpt
hdgins 2006 SL No. 249 s 7(2)Division 1—Preliminarydiv hdgins
2006 SL No. 249 s 7(2)Definitions for pt 13s
136ins 2006 SL No. 249 s 7(2)Meaning of “affected area of land”s
137ins 2006 SL No. 249 s 7(2)Meaning of “enterprise management
plan”s 138ins 2006 SL No. 249 s 7(2)Purpose of assistances 139ins
2006 SL No. 249 s 7(2)Reprint 6B effective 24 June
2011Page 283
Rural
and Regional Adjustment Regulation 2000EndnotesDivision 2—Enterprise assistancediv
hdgins 2006 SL No. 249 s 7(2)Nature
of assistances 140ins 2006 SL No. 249 s 7(2)Eligibility criterias 141ins
2006 SL No. 249 s 7(2)Amount and payment of assistances
142ins 2006 SL No. 249 s 7(2)Termss 143ins 2006 SL No.
249 s 7(2)amd 2010 SL No. 90 s 3Applicationss 144ins
2006 SL No. 249 s 7(2)PART 14—VEGETATION MANAGEMENT (EXIT
ASSISTANCE) SCHEMEpt hdgins 2006 SL No.
249 s 7(2)Division 1—Preliminarydiv 1 (ss
145–147)ins 2006 SL No. 249 s 7(2)Division 2—Exit assistancediv 2
(ss 148–152)ins 2006 SL No. 249 s 7(2)PART15—BUSINESSADJUSTMENT—TRAVESTONCROSSINGDAM-WYARALONG DAM
(BUSINESS ADVICE ASSISTANCE) SCHEMEpt hdgins
2006 SL No. 287 s 4Definitions for pt 15s 153ins
2006 SL No. 287 s 4Objective of schemes 154ins
2006 SL No. 287 s 4Purpose of assistances 155ins
2006 SL No. 287 s 4Nature of assistances 156ins
2006 SL No. 287 s 4Amount and payment of assistances
157ins 2006 SL No. 287 s 4Eligibility
criterias 158ins 2006 SL No. 287 s 4Applicationss 159ins
2006 SL No. 287 s 4amd 2010 SL No. 118 s 5(1)Page
284Reprint 6B effective 24 June
2011
Rural
and Regional Adjustment Regulation 2000EndnotesPART16—BUSINESSADJUSTMENT—TRAVESTONCROSSINGDAM-WYARALONGDAM(BUSINESSRESTRUCTUREASSISTANCE)SCHEMEpt
hdgins 2006 SL No. 287 s 4Division
1—Preliminarydiv 1 (ss 160–163)ins 2006 SL No.
287 s 4Division 2—Business restructure
assistancediv hdgins 2006 SL No.
287 s 4Nature of assistances 164ins
2006 SL No. 287 s 4Amount and payment of assistances
165ins 2006 SL No. 287 s 4Eligibility
criterias 166ins 2006 SL No. 287 s 4Applicationss 167ins
2006 SL No. 287 s 4amd 2010 SL No. 118 s 5(2)PART17—BUSINESSADJUSTMENT—TRAVESTONCROSSINGDAM-WYARALONG DAM
(BUSINESS EXIT ASSISTANCE) SCHEMEpt hdgins
2006 SL No. 287 s 4Division 1—Preliminarydiv 1 (ss
168–171)ins 2006 SL No. 287 s 4Division
2—Business exit assistancediv hdgins 2006 SL No.
287 s 4Nature of assistances 172ins
2006 SL No. 287 s 4Amount of assistances 173ins
2006 SL No. 287 s 4Eligibility criterias 174ins
2006 SL No. 287 s 4amd 2010 SL No. 118 s 5(3)Termss 175ins 2006 SL No.
287 s 4Applicationss 176ins
2006 SL No. 287 s 4amd 2010 SL No. 118 s 5(4)PART
18—SMALL BUSINESS DROUGHT ASSISTANCE SCHEMEpt hdgins
2007 SL No. 20 s 4(12)Reprint 6B effective 24 June
2011Page 285
Rural
and Regional Adjustment Regulation 2000EndnotesDivision 1—Preliminarydiv hdgins
2007 SL No. 20 s 4(12)Objective of schemes 177ins
2007 SL No. 20 s 4(12)amd 2007 SL No. 338 s 3(10)Purpose of assistances 178ins
2007 SL No. 20 s 4(12)Definitions for pt 18s
179ins 2007 SL No. 20 s 4(12)def“EC period”amd 2007 SL No.
338 s 3(12)def“owner”ins 2007 SL No.
338 s 3(11)def“relevant town”ins 2007 SL No.
338 s 3(11)Meaning of “business turnover”s
180ins 2007 SL No. 20 s 4(12)Meaning of “small business”s
181ins 2007 SL No. 20 s 4(12)amd
2007 SL No. 55 s 3(2); 2007 SL No. 338 s 3(13)Division 2—General
provisions for schemediv hdgins 2007 SL No.
20 s 4(12)Nature of assistances 182ins
2007 SL No. 20 s 4(12)Level of assistances 183ins
2007 SL No. 20 s 4(12)sub 2007 SL No. 338 s 3(14)Period
of assistances 184ins 2007 SL No. 20 s 4(12)Eligibility criterias 185ins
2007 SL No. 20 s 4(12)amd 2007 SL No. 338 s 3(15)–(19); 2009
SL No. 32 s 3(5); 2009 SL No. 164s 4(6) (retro);
2010 SL No. 246 s 3(5)Termss 186ins
2007 SL No. 20 s 4(12)Applicationss 187ins
2007 SL No. 20 s 4(12)amd 2007 SL No. 338 s 3(20); 2010 SL
No. 246 s 3(6)–(7)Deciding applicationss 188ins
2007 SL No. 20 s 4(12)Applications made after 24 September
2007 and before 30 June 2011prov hdgamd
2009 SL No. 32 s 3(6); 2009 SL No. 164 s 4(7) (retro); 2010 SL No.
246s 3(8)s 188Ains
2007 SL No. 338 s 3(21)Page 286Reprint 6B
effective 24 June 2011
Rural
and Regional Adjustment Regulation 2000Endnotesamd
2009 SL No. 32 s 3(7); 2009 SL No. 164 s 4(7) (retro); 2010 SL No.
246s 3(8)PART 19—IRRIGATORS
FIXED WATER CHARGES REBATE SCHEMEpt hdgins
2007 SL No. 21 s 4Objective of schemes 189ins
2007 SL No. 21 s 4Nature of assistances 190ins
2007 SL No. 21 s 4Definitions for pt 19s 191ins
2007 SL No. 21 s 4def“fixed water charge”amd
2007 SL No. 338 s 3(22)def“irrigator”amd 2007 SL No.
338 s 3(23)def“water area”amd 2007 SL No.
338 s 3(24)Eligibility criterias 192ins
2007 SL No. 21 s 4amd 2009 SL No. 164 s 4(8)Financial hardships 193ins
2007 SL No. 21 s 4Maximum rebate amountss 194ins
2007 SL No. 21 s 4Period of assistances 195ins
2007 SL No. 21 s 4Payment of rebates 196ins
2007 SL No. 21 s 4Applicationss 197ins
2007 SL No. 21 s 4amd 2007 SL No. 338 s 3(25)Deciding applicationss 198ins
2007 SL No. 21 s 4PART 19A—ADDITIONAL IRRIGATORS FIXED WATER
CHARGES REBATESCHEMEpt hdgins
2008 SL No. 298 s 4(2)Objective of schemes 198Ains
2008 SL No. 298 s 4(2)Nature of assistances
198Bins 2008 SL No. 298 s 4(2)Definitions for pt 19Aprov hdgins
2008 SL No. 298 s 4(2)amd 2009 SL No. 32 s 3(8)s
198Cins 2008 SL No. 298 s 4(2)Reprint 6B effective 24 June 2011Page
287
Rural
and Regional Adjustment Regulation 2000EndnotesEligibility criterias 198Dins
2008 SL No. 298 s 4(2)Financial hardships 198Eins
2008 SL No. 298 s 4(2)Maximum rebate amountss
198Fins 2008 SL No. 298 s 4(2)Period
of assistances 198Gins 2008 SL No.
298 s 4(2)Payment of rebates 198Hins
2008 SL No. 298 s 4(2)Applicationss 198Iins
2008 SL No. 298 s 4(2)Deciding applicationss
198Jins 2008 SL No. 298 s 4(2)PART
20—DROUGHT RATE REBATE SCHEMEpt 20 (ss
199–206)ins 2007 SL No. 36 s 4PART21—QUEENSLANDCOMMERCIALHORSESMALLBUSINESSEMERGENCY
ASSISTANCE SCHEMEpt 21 (ss 207–215)ins 2007 SL No.
250 s 4PART 22—SPECIAL DISASTER FLOOD ASSISTANCE
SCHEMEpt hdgins 2008 SL No.
15 s 4Division 1—Preliminarydiv hdgins
2008 SL No. 15 s 4Objective of schemes 216ins
2008 SL No. 15 s 4amd 2008 SL No. 42 s 3Purpose of
assistances 217ins 2008 SL No. 15 s 4Definitions for pt 22s 218ins
2008 SL No. 15 s 4def“closing day”om 2008 SL No. 42
s 4(1)def“flood event”amd 2008 SL No.
42 s 4(3)def“prescribed disaster area”sub
2008 SL No. 42 s 4(1)–(2)Meaning of small businesss
219ins 2008 SL No. 15 s 4Division 2—General
provisions for schemediv hdgins 2008 SL No.
15 s 4Nature of assistances 220ins
2008 SL No. 15 s 4Page 288Reprint 6B
effective 24 June 2011
Rural
and Regional Adjustment Regulation 2000EndnotesEligibility criteria—primary producers
221ins 2008 SL No. 15 s 4Eligibility
criteria—small businesss 222ins 2008 SL No.
15 s 4Amount of assistances 223ins
2008 SL No. 15 s 4Special requirement for particular
assistances 224ins 2008 SL No. 15 s 4Conditionss 225ins
2008 SL No. 15 s 4amd 2008 SL No. 42 s 5Special provision
for particular applicationss 226ins 2008 SL No.
15 s 4Special provision about insurances
227ins 2008 SL No. 15 s 4Applicationss 228ins
2008 SL No. 15 s 4amd 2008 SL No. 42 s 6Deciding
applicationss 229ins 2008 SL No. 15 s 4PART
23—SMART ENERGY SAVINGS FUND SCHEMEpt 23 (ss
230–234)ins 2008 SL No. 245 s 4PART 24—QUEENSLAND
RENEWABLE ENERGY FUND SCHEMEpt 24 (ss
235–239)ins 2008 SL No. 245 s 4PART25—MORETONBAYMARINEPARKSTRUCTURALADJUSTMENTPACKAGE SCHEMEpt 25 (ss
240–245)ins 2008 SL No. 360 s 4PART 26— SPECIAL
DISASTER FLOOD ASSISTANCE—TC CHARLOTTE - TCELLIE
SCHEMEpt hdgins 2009 SL No.
150 s 4Division 1—Preliminarydiv 1 (ss
246–249)ins 2009 SL No. 150 s 4Division 2—General
provisions for schemediv 2 (ss 250–260)ins 2009 SL No.
150 s 4PART27—SPECIALDISASTERFLOODASSISTANCE(MARCH2010)SCHEMEpt hdgins
2010 SL No. 44 s 4Division 1—Preliminarydiv 1 (ss
261–264)ins 2010 SL No. 44 s 4Reprint 6B
effective 24 June 2011Page 289
Rural
and Regional Adjustment Regulation 2000EndnotesDivision 2—General provisions for
schemediv hdgins 2010 SL No.
44 s 4Nature of assistances 265ins
2010 SL No. 44 s 4Eligibility criteria—primary producers
266ins 2010 SL No. 44 s 4Eligibility
criteria—small businesss 267ins 2010 SL No.
44 s 4Special requirement for particular
assistances 268ins 2010 SL No. 44 s 4Financial hardships 269ins
2010 SL No. 44 s 4Amount of assistances 270ins
2010 SL No. 44 s 4Conditionss 271ins
2010 SL No. 44 s 4amd 2010 SL No. 322 s 4(1); 2011 SL No. 43 s
4(1)Special provision for particular
applicationss 272ins 2010 SL No. 44 s 4Special provision about insurances
273ins 2010 SL No. 44 s 4Applicationss 274ins
2010 SL No. 44 s 4amd 2010 SL No. 210 s 3; 2010 SL No. 322 s
4(2); 2011 SL No. 43 s 4(2)Deciding applicationss
275ins 2010 SL No. 44 s 4PART28—QUEENSLANDGOVERNMENTSOLARHOTWATERREBATESCHEMEpt hdgins
2010 SL No. 270 s 4Objective of schemes 276ins
2010 SL No. 270 s 4Nature of assistances 277ins
2010 SL No. 270 s 4Definitions for pt 28s 278ins
2010 SL No. 270 s 4def“appropriate Minister”ins
2011 SL No. 21 s 4(1)def“disaster
event”ins 2011 SL No. 21 s 4(1)def“natural disaster relief and recovery
arrangements”ins 2011 SL No.21 s 4(1)def“prescribed disaster area”ins
2011 SL No. 21 s 4(1)Page 290Reprint 6B
effective 24 June 2011
Rural
and Regional Adjustment Regulation 2000Endnotesdef“prescribed personal hardship
assistance scheme area”ins 2011 SLNo. 21 s
4(1)General eligibility criteria other than
relating to particular flood-damaged waterheatersprov
hdgamd 2011 SL No. 21 s 4(2)s
279ins 2010 SL No. 270 s 4amd 2011 SL No.
21 s 4(3)–(4)General eligibility criteria relating to
particular flood-damaged water heaterss 279Ains
2011 SL No. 21 s 4(5)Additional eligibility criteria for
concessional rebates 280ins 2010 SL No. 270 s 4sub
2011 SL No. 21 s 4(5)Amount of assistances
281ins 2010 SL No. 270 s 4Applicationss 282ins
2010 SL No. 270 s 4amd 2011 SL No. 21 s 4(6)Deciding applicationss 283ins
2010 SL No. 270 s 4PART 29—SPECIAL DISASTER FLOOD ASSISTANCE
(NOVEMBER 2010 TOJANUARY 2011) SCHEMEpt hdgins
2011 SL No. 1 s 4Division 1—Preliminarydiv 1 (ss
284–287)ins 2011 SL No. 1 s 4Division 2—General
provisions for schemediv 2 (ss 288–298)ins 2011 SL No. 1
s 4PART30—SPECIALDISASTERFLOODS(NOVEMBER2010TOJANUARY2011)
NON-PROFIT ORGANISATIONS ASSISTANCE SCHEMEpt hdgins
2011 SL No. 21 s 4(7)Division 1—Preliminarydiv 1
(ss 299–301)ins 2011 SL No. 21 s 4(7)Division 2—General provisions for
schemediv 2 (ss 302–312)ins 2011 SL No.
21 s 4(7)PART 31—FLOODS (NOVEMBER 2010 TO JANUARY
2011) AND TROPICALCYCLONEYASINON-PROFITORGANISATIONSASSISTANCESCHEMEpt hdgins
2011 SL No. 21 s 4(7)Division 1—Preliminarydiv 1
(ss 313–315)ins 2011 SL No. 21 s 4(7)Reprint 6B effective 24 June 2011Page
291
