1Short titleThis regulation may be cited as the Rural and Regional Adjustment (Regional Drought Resilience Planning Scheme—Phase 2) Amendment Regulation 2026.2Regulation amendedThis regulation amends the Rural and Regional Adjustment Regulation 2011.3Amendment of sch 61, hdg (Regional drought resilience planning scheme)Schedule 61, heading, after ‘scheme’—insert——phase 14Insertion of new sch 68After schedule 66—insert—Schedule 68Regional drought resilience planning scheme—phase 2section 3(1)Part 1Preliminary1Objective of schemeThe objective of the scheme is to provide financial assistance, under agreements entered into from time to time between the Commonwealth and the State, to eligible entities to improve drought resilience in relevant regions.2Purpose of financial assistanceThe purpose of financial assistance under the scheme is to provide grants to an eligible entity to assist the entity with paying—

(a)fees, salaries or wages necessary to—

(i)administer activities related to the entity’s regional drought resilience plan; and

(ii)implement eligible activities; and

(b)other costs associated with implementing eligible activities.

3Definitions for scheduleIn this schedule—activity grant see section 9.applicant means an entity applying for financial assistance under the scheme.available balance, for an eligible activity or eligible service stated in an eligibility notice to which a divided assistance recommendation applies, means the amount that is the sum of the yearly recommended amounts for the activity or service, for each financial year up to and including the current financial year, less any financial assistance previously granted in relation to the activity or service under an activity grant or a remuneration grant.chief executive means the chief executive of the department in which the Fisheries Act 1994 is administered.Commonwealth Minister for drought means the Drought Minister within the meaning of the Future Drought Fund Act 2019 (Cwlth), section 5.divided assistance recommendation, in relation to an activity grant or a remuneration grant, or an application for an activity grant or a remuneration grant, means a recommendation stated, under section 11(2)(d) or (3)(c), in an eligibility notice, related to the eligible activity or eligible service, that accompanied the application for the grant.drought resilience see the Future Drought Fund Act 2019 (Cwlth), section 5.eligibility notice see section 11(2) and (3).eligible activity see section 6.eligible entity see section 5.eligible service see section 7.plan partner entity see section 4.regional drought resilience plan see section 8.relevant Commonwealth department means the government department administered by the Commonwealth Minister for drought.relevant region, in relation to a plan partner entity, means a particular area or region of the State identified for the entity in the entity’s regional drought resilience plan.remuneration grant see section 10.scheme means the scheme set out in this schedule.yearly recommended amount, for an eligible activity or eligible service, means each amount stated for a financial year, under section 11(2)(d) or (3)(c), in an eligibility notice related to the activity or service.4Meaning of plan partner entityA plan partner entity is an entity that is identified in a regional drought resilience plan as being a part of the partnership that developed the plan.5Meaning of eligible entityAn eligible entity is a plan partner entity who, under part 2, is eligible to receive financial assistance under the scheme.6Meaning of eligible activity(1)An eligible activity is an activity to which all of the following apply—

(a)the activity is identified in a regional drought resilience plan;

(b)the implementation of the activity—

(i)is designed to improve drought resilience for a relevant region stated in the regional drought resilience plan; and

(ii)is carried out after the regional drought resilience plan is published on the relevant Commonwealth department’s website; and

(iii)is completed, or is proposed to be completed, no later than the day the scheme closes under section 16; and

(c)the implementation of the activity either—

(i)has not previously been the subject of an activity grant; or

(ii)is the subject of an activity grant to which a divided assistance recommendation applies;

(d)the implementation of the activity has not been the subject of other financial assistance from the Commonwealth or the State.

(2)Subsection (1)(d) does not apply if the financial assistance was intended to be used in conjunction with an activity grant for implementing the activity.7Meaning of eligible service(1)An eligible service is a service to which all of the following apply—

(a)the service assists a plan partner entity with—

(i)administering activities related to the entity’s regional drought resilience plan; or

(ii)implementing eligible activities identified in the entity’s regional drought resilience plan;

(b)the provision of the service either—

(i)has not previously been the subject of a remuneration grant; or

(ii)is the subject of a remuneration grant to which a divided assistance recommendation applies;

(c)the provision of the service has not been the subject of other financial assistance from the Commonwealth or the State.

(2)Subsection (1)(c) does not apply if the financial assistance was intended to be used in conjunction with a remuneration grant for the funding of the service.8Meaning of regional drought resilience plan(1)A regional drought resilience plan is a plan that—

(a)is about drought resilience for a stated relevant region; and

(b)is approved by the Commonwealth Minister for drought under the program known as the Regional Drought Resilience Planning Program administered by the relevant Commonwealth department; and

(c)is published on the relevant Commonwealth department’s website.

(2)A regional drought resilience plan, in relation to a plan partner entity, is a regional drought resilience plan that identifies the entity as being a part of the partnership that developed the plan.9Meaning of activity grantAn activity grant is a grant of financial assistance under the scheme to an eligible entity under the scheme for implementing eligible activities.10Meaning of remuneration grantA remuneration grant is a grant of financial assistance under the scheme to an eligible entity for fees, salaries, or wages the entity pays a person employed, or otherwise engaged, by the entity to provide an eligible service.Part 2Eligibility for financial assistance11Eligibility notices(1)A plan partner entity may make a written request to the chief executive for a notice about the entity’s eligibility under the scheme for either or both of the following—

(a)an activity grant for the implementation of an activity identified in the entity’s regional drought resilience plan;

(b)a remuneration grant for fees, salaries, or wages the entity pays a person employed, or otherwise engaged, by the entity to provide a service.

(2)If subsection (1)(a) applies, and the chief executive is satisfied the activity the subject of the request is an eligible activity, the chief executive may give the plan partner entity a notice (an eligibility notice) stating—

(a)the entity may apply to the authority for an activity grant for the implementation of the eligible activity; and

(b)details of the implementation of the eligible activity; and

(c)the amount of financial assistance the chief executive recommends may be granted under an activity grant for the implementation of the eligible activity; and

(d)if the chief executive recommends that the amount of financial assistance mentioned in paragraph (c) should be divided and granted over a period of more than 1 financial year—

(i)the recommendation; and

(ii)for each financial year in the period—the amount of financial assistance the chief executive recommends be granted for the financial year.

(3)If subsection (1)(b) applies, and the chief executive is satisfied the service the subject of the request is an eligible service, the chief executive may give the plan partner entity a notice (also an eligibility notice) stating—

(a)the entity may apply to the authority for a remuneration grant for fees, salaries, or wages the entity pays a person employed, or otherwise engaged, by the entity to provide the eligible service; and

(b)the amount of financial assistance the chief executive recommends may be granted under the remuneration grant for the fees, salaries, or wages; and

(c)if the chief executive recommends that the amount of financial assistance mentioned in paragraph (b) should be divided and granted over a period of more than 1 financial year—

(i)the recommendation; and

(ii)for each financial year in the period—the amount of financial assistance the chief executive recommends be granted for the financial year.

(4)If a plan partner entity makes more than 1 request under subsection (1), the chief executive may give the entity 1 or more eligibility notices, under subsection (2) or (3), in response to the requests.12Eligibility criteria—activity grantA plan partner entity is eligible to receive an activity grant if—

(a)the chief executive has given the entity an eligibility notice under section 11(2); and

(b)the activity is stated in the notice; and

(c)the activity is an eligible activity.

13Eligibility criteria—remuneration grantA plan partner entity is eligible to receive a remuneration grant for fees, salaries, or wages the entity pays a person employed, or otherwise engaged, by the entity to provide a service if—

(a)the chief executive has given the entity an eligibility notice under section 11(3); and

(b)the service is stated in the notice; and

(c)the service is an eligible service.

Part 3General provisions for scheme14Nature of financial assistance(1)The nature of the financial assistance that may be given to an applicant under the scheme is—

(a)an activity grant; or

(b)a remuneration grant.

(2)An applicant may apply for both an activity grant and a remuneration grant if the applicant is given eligibility notices under both section 11(2) and (3).15Total amount of financial assistance(1)For each regional drought resilience plan, the total amount of financial assistance available under the scheme for activity grants is $1,000,000 (exclusive of GST).(2)For each regional drought resilience plan, the total amount of financial assistance available under the scheme for remuneration grants is $387,500 (exclusive of GST).16Operation of scheme(1)The scheme opens on the day stated on the authority’s website as the day on or after which an application for financial assistance under the scheme may be made.(2)The scheme closes on 29 June 2029 (the closing day).(3)If the Minister is satisfied entities need more time to apply for financial assistance under the scheme, the Minister may, by notice (an extension notice), extend the closing day to a stated day that is not later than 28 June 2030.(4)The authority must publish a copy of the extension notice on the authority’s website as soon as practicable after the notice is made.(5)The Minister must table a copy of the extension notice in the Legislative Assembly within 14 days after the day the copy of the extension notice is published under subsection (4).(6)In this section—Minister means the Minister responsible for administering the Fisheries Act 1994.17Requirements for applications(1)An application for financial assistance under the scheme must—

(a)be made in the approved form; and

(b)if the application is wholly or partly for an activity grant for implementing an eligible activity—state the following—

(i)the eligible activity;

(ii)the details of the implementation of the eligible activity;

(iii)the amount of financial assistance requested;

(iv)the prescribed details of any financial assistance previously granted in relation to the eligible activity under an activity grant; and

(c)if the application is wholly or partly for a remuneration grant for fees, salaries, or wages an applicant pays a person employed, or otherwise engaged, by the applicant to provide an eligible service—state the following—

(i)the eligible service;

(ii)the amount of fees, salaries, or wages related to the provision of the eligible service;

(iii)the amount of financial assistance requested;

(iv)the prescribed details of any financial assistance previously granted in relation to the eligible service under a remuneration grant; and

(d)be accompanied by the following—

(i)1 or more eligibility notices given to the applicant under section 11(2) and (3);

(ii)other documents stated in the approved form; and

(e)be given to the authority before the scheme closes under section 16.

(2)If the authority asks the applicant to provide further information to decide the application, the applicant must provide the information.(3)If the applicant does not comply with a request made by the authority under subsection (2), the applicant’s application is taken to be withdrawn.(4)In this section—approved form means a form approved by the authority.prescribed details, in relation to financial assistance granted under an activity grant or a remuneration grant, means—

(a)the amount of the financial assistance; and

(b)the financial year in relation to which the financial assistance was granted; and

(c)an account of how the financial assistance was, or will be, used in accordance with the written agreement that, under section 19(a), applies in relation to the financial assistance.

relevant regional drought resilience plan means the regional drought resilience plan related to—

(a)the eligible activity mentioned in subsection (1)(b)(i); or

(b)the eligible service mentioned in subsection (1)(c)(i).

18Deciding applications(1)The authority must consider, and decide to approve or refuse to approve, each application that complies with section 17.(2)Subject to subsections (4) and (5), the authority must approve an application if the authority is satisfied of the following—

(a)the applicant is an eligible entity;

(b)for an application that is wholly or partly for an activity grant—the activity the subject of the application is an eligible activity;

(c)for an application that is wholly or partly for a remuneration grant—the service the subject of the application is an eligible service;

(d)any financial assistance previously granted under an activity grant or a remuneration grant in relation to the eligible activity was, or will be, used in accordance with the written agreement that, under section 19(a), applies in relation to the financial assistance.

(3)If the authority decides to approve an application for an eligible activity or an eligible service, the authority must have regard to, and must not grant an amount of financial assistance for the eligible activity or eligible service that exceeds—

(a)the total recommended amount for the activity or service; and

(b)if a divided assistance recommendation applies in relation to the application—the available balance for the activity or service.

(4)The authority must refuse to approve an application if the authority’s assistance funds for the scheme are insufficient to pay for the financial assistance requested in the application.(5)The authority may refuse to approve an application for an activity grant, for implementing an eligible activity identified in a regional drought resilience plan, if the authority receives, or has received, another application for an activity grant for implementing all or part of the activity.(6)If the authority refuses to approve an application, the authority must give the applicant written notice of the decision.(7)In this section—total recommended amount means—

(a)for an eligible activity stated in an eligibility notice—the amount stated in the notice for the activity under section 11(2)(c); or

(b)for an eligible service stated in an eligibility notice—the amount stated in the notice for the service under section 11(3)(b).

19Conditions of financial assistance—generalThe payment of financial assistance to an applicant under the scheme is subject to the following conditions—

(a)before receiving the financial assistance, the applicant must enter into a written agreement with the authority that sets out the terms on which the financial assistance is provided;

(b)the applicant must comply with the terms of the agreement mentioned in paragraph (a);

(c)if requested by the authority, the applicant must give the authority a report about how the financial assistance is enabling the entity to achieve outcomes consistent with the purpose of the financial assistance mentioned in section 2;

(d)the applicant gives consent to the authority to share the report or information included in the report with—

(i)the chief executive; and

(ii)the Commonwealth Minister for drought.

20Additional conditions of financial assistance—keeping recordsThe payment to an eligible entity of a grant of financial assistance under the scheme is also subject to the following conditions—

(a)the entity must keep all tax invoices for payments made by the entity for which the entity receives financial assistance under the scheme until the day that is 1 year after the day the scheme closes under section 16;

(b)the entity consents to the authority conducting an audit of the records mentioned in paragraph (a) to verify that financial assistance given to the entity under the scheme is used in accordance with the written agreement entered into under section 19(a).