central queensland coal associates agreement act 1968faolex.fao.org/docs/pdf/qs41154.pdf · central...

Queensland

Central Queensland Coal Associates Agreement Act 1968

Current as at 30 January 2012

Queensland


Contents

Page

1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

1A Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

2 Execution of agreement authorised . . . . . . . . . . . . . . . . . . . . . . . 3

3 Agreement has force of law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

4 Variation of agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

5 Application of GST to rents after 30 June 2005 . . . . . . . . . . . . . 4

6 Making of 1997 agreements authorised . . . . . . . . . . . . . . . . . . . 4

7 Making of 2001 agreement authorised . . . . . . . . . . . . . . . . . . . . 5



9A Declaration for Commonwealth Act . . . . . . . . . . . . . . . . . . . . . . . 6

10 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Schedule 1 The original agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Schedule 2 First proposed 1997 agreement . . . . . . . . . . . . . . . . . . . . . . . . 104

Schedule 3 Second proposed 1997 agreement . . . . . . . . . . . . . . . . . . . . . 112

Schedule 4 Proposed 2001 agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117



[s 1]



An Act about an agreement between the State and variouscompanies for the mining of coal in central Queensland, and forrelated purposes

1 Short title

This Act may be cited as the Central Queensland CoalAssociates Agreement Act 1968.

1A Definition

In this Act—

the agreement means the agreement made on 28 January1969 as authorised by section 2, as varied under this oranother Act.

2 Execution of agreement authorised

The Premier is hereby authorised to make, for and on behalfof the State, with Utah Development Company, a companyregistered in the State, and having its registered office atFourth Floor, Canegrowers’ Building, 190–94 Edward Street,Brisbane, in the State and Mitsubishi Development Pty. Ltd., acompany registered in the State and having its registeredoffice at Eighth Floor, Commercial Union House, 349–53Queen Street, Brisbane, in the State the agreement, the formof which is set out in schedule 1.

3 Agreement has force of law

The agreement has the force of law as if it were enacted.

Current as at 30 January 2012 Page 3

Authorised by the Parliamentary Counsel

[s 4]


4 Variation of agreement

(1) The agreement may be varied only by further agreementbetween the parties under the authority of an Act.

(2) A variation of the agreement purported to be made other thanunder subsection (1) is of no effect.

5 Application of GST to rents after 30 June 2005

(1) This section applies to rent payable after 30 June 2005under—

(a) this Act; or

(b) the agreement; or

(c) a lease granted under, or mentioned in, the agreement.

(2) If the rent is for a supply for which GST is payable, the rentpayable is the total of—

(a) the rent that would have been payable if the rent werenot for a supply for which GST is payable; and

(b) 10% of the rent that would have been payable if the rentwere not for a supply for which GST is payable.

(3) Subsection (2) applies despite the following—

(a) sections 3 and 4;

(b) the agreement;

(c) the Mineral Resources Act 1989.

6 Making of 1997 agreements authorised

(1) The Premier is authorised, for the State, to make an agreementwith the parties named in the agreement in schedule 2.

(2) The agreement must be substantially in the form set out inschedule 2.

(3) After the agreement in schedule 2 is made, the Premier isauthorised, for the State, to make an agreement with theparties named in the agreement in schedule 3.

Page 4 Current as at 30 January 2012


[s 7]


(4) The agreement must be substantially in the form set out inschedule 3.

(5) The Premier must notify the date of the making of eachagreement by gazette notice.

7 Making of 2001 agreement authorised

(1) The agreement, as varied by the 1984 agreement, may befurther varied by a further agreement corresponding to theproposed further agreement set out in schedule 4.

(2) The Premier must notify the date of the making of the furtheragreement by gazette notice.

(3) On the making of the further agreement the provisions of thefurther agreement have the force of law as if they wereenacted.

(4) In this section—

1984 agreement means the agreement made under theauthority of the Central Queensland Coal AssociatesAgreement and Queensland Coal Trust Act 1984.


(1) The Premier is authorised, for the State, to make an agreement(the 2002 agreement) with the other parties named in the2002 agreement.

(2) The 2002 agreement must be substantially in the form set outin schedule 5.

(3) The Premier must notify the date of making of the 2002agreement by gazette notice.


(1) The Premier is authorised, for the State, to make an agreement(the 2003 agreement) with the other parties named in the2003 agreement.



[s 9A]


(2) The 2003 agreement must be substantially in the form set outin schedule 6.

(3) The Premier must notify, by gazette notice, the date the 2003agreement is made.

9A Declaration for Commonwealth Act

A special coal mining lease is declared not to be personalproperty under the Personal Property Securities Act 2009(Cwlth).

10 Regulation-making power

The Governor in Council may make regulations under thisAct.



Schedule 1


Schedule 1 The original agreement

section 2

Editor’s note—

Consistent with the provisions of the Act, this schedule only containsthe proposed agreement authorised to be entered into by the Act asoriginally enacted. It does not purport to be either the agreementactually entered into or that agreement as amended from time to time.



Schedule 1




Schedule 2


Schedule 2 First proposed 1997 agreement

section 6



Schedule 2




Schedule 3


Schedule 3 Second proposed 1997 agreement

section 6



Schedule 3




Schedule 4


Schedule 4 Proposed 2001 agreement

section 7



Schedule 4




Schedule 5



section 8



Schedule 5




Schedule 6



section 9



Schedule 6




Endnotes


1 Index to endnotes

2 Key

3 Table of reprints

4 List of legislation

5 List of legislation for variation of agreement (see Act section 4)

6 List of annotations

2 Key

Key to abbreviations in list of legislation and annotations

Key Explanation Key Explanation

AIA = Acts Interpretation Act 1954

(prev) = previously

amd = amended proc = proclamation

amdt

= amendment prov = provision

ch = chapter pt = part

def = definition pubd = published

div = division R[X] = Reprint No. [X]

exp = expires/expired RA = Reprints Act 1992

gaz = gazette reloc = relocated

hdg = heading renum

= renumbered

ins = inserted rep = repealed

lap = lapsed (retro)

= retrospectively

notfd

= notified rv = revised edition

num = numbered s = section


Endnotes


3 Table of reprints

Reprints 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.

If a reprint number includes a letter of the alphabet, the reprint was released inunauthorised, electronic form only.

o in c

= order in council sch = schedule

om = omitted sdiv = subdivision

orig = original SIA = Statutory Instruments Act 1992

p = page SIR = Statutory Instruments Regulation 2002

para = paragraph SL = subordinate legislation

prec = preceding sub = substituted

pres = present unnum

= unnumbered

prev = previous

Reprint No.

Amendments to Effective Reprint date

1 1984 Act No. 27 29 March 1984 31 May 1996

1A rv 2002 Act No. 15 17 May 2002 17 May 2002

Reprint No.

Amendments included

Effective Notes

1B 2003 Act No. 85 6 November 2003

1C 2010 Act No. 44 30 January 2012

Key Explanation Key Explanation


Endnotes


4 List of legislation

Central Queensland Coal Associates Agreement Act 1968 No. 55date of assent 24 December 1968commenced on date of assentamending legislation—

Central Queensland Coal Associates Agreement and Queensland Coal Trust Act1984 No. 27 s 4

date of assent 29 March 1984commenced on date of assent

Central Queensland Coal Associates Agreement Amendment Act 1997 No. 72date of assent 1 December 1997ss 1–2 commenced on date of assentremaining provisions commenced 1 January 1998 (see s 2)

GST and Related Matters Act 2000 No. 20 ss 1, 2(4), 29 sch 3date of assent 23 June 2000ss 1–2 commenced on date of assentremaining provisions commenced 1 July 2000 (see s 2(4))

State Development and Other Legislation Amendment Act 2001 No. 46 ss 1, 2(2)–(4),pt 2 s 3(2) sch 1

date of assent 28 June 2001ss 1–2 commenced on date of assentremaining provisions commenced 28 June 2001 (2001 SL No. 101)

Transport Legislation Amendment Act 2002 No. 15 ss 1–2(1), pt 3date of assent 17 May 2002commenced on date of assent (see s 2(1))

Local Government and Other Legislation Amendment Act 2003 No. 85 s 1, pt 2date of assent 6 November 2003commenced on date of assent

Personal Property Securities (Ancillary Provisions) Act 2010 No. 44 ss 1–2, ch 4 pt 14date of assent 14 October 2010ss 1–2 commenced on date of assentremaining provisions commenced 30 January 2012 (2011 SL No. 262)

5 List of legislation for variation of agreement (see Act section 4)

orders in council published gazette (pre SL series)—20 June 1970 pp 1093–6commenced on date of publication15 June 1971 pp 1011–37commenced on date of publication


Endnotes


20 October 1973 pp 801–23commenced 23 October 19738 May 1976 pp 211–18commenced 27 May 19769 November 1976 pp 1123–9commenced 1 February 197710 December 1983 pp 1527–34commenced 16 February 1984

Central Queensland Coal Associates Agreement and Queensland Coal Trust Act1984 No. 27 pt 3, sch 1

date of assent 29 March 1984commenced 2 April 1984 (see proc pubd gaz 11 October 1986 p 1020)

Central Queensland Coal Associates Agreement (Amendment) Act 1986 No. 7 s 2 schdate of assent 20 March 1986commenced 25 March 1986 (see proc pubd gaz 11 October 1986 p 1020)

order in council published gazette (pre SL series)—6 September 1986 pp 131–70commenced 30 September 1986

Central Queensland Coal Associates Agreement Amendment Act 1989 No. 85 s 2 schdate of assent 28 September 1989commenced 28 September 1989 (see proc pubd gaz 21 October 1989 p 1308)

Central Queensland Coal Associates (Variation of Agreement) Order 1992pubd gaz 15 May 1992 pp 427–35commenced 14 May 1992 (see s 2)

Central Queensland Coal Associates Agreement Regulation 1995 SL No. 245notfd gaz 1 September 1995commenced on date of notification

Central Queensland Coal Associates Agreement Variation Act 1996 No. 27date of assent 15 August 1996commenced on date of assent

Central Queensland Coal Associates Agreement Regulation 1997 SL No. 117notfd gaz 16 May 1997 pp 242–4commenced on date of notification

Central Queensland Coal Associates Agreement Amendment Act 1997 No. 72 s 9date of assent 1 December 1997ss 1–2 commenced on date of assentremaining provisions commenced 1 January 1998 (see s 2)

6 List of annotations

Long title sub 2002 No. 15 s 6


Endnotes


Definitions 1A ins 2002 No. 15 s 7

Execution of agreement authoriseds 2 amd 1997 No. 72 s 4; 2002 No. 15 s 8

Agreement has force of laws 3 sub 2002 No. 15 s 9

Variation of agreements 4 ins 2002 No. 15 s 11

Application of GST to rents after 30 June 2005s 4A ins 2000 No. 20 s 29 sch 3om 2002 No. 15 s 12

Application of GST to rents after 30 June 2005s 5 amd 1997 No. 72 s 6sub 2002 No. 15 s 12

Making of 1997 agreements authorisedprov hdg sub 2002 No. 15 s 13s 6 ins 1997 No. 72 s 7

Making of 2001 agreement authorisedprov hdg sub 2002 No. 15 s 10(1)s 7 (prev s 4) amd 1984 No. 27 s 4; 1997 No. 72 s 5sub 2001 No. 46 s 4amd 2002 No. 15 s 10(2)renum and reloc 2002 No. 15 s 10(3)

Making of 2002 agreement authoriseds 8 ins 2002 No. 15 s 14

Making of 2003 agreement authoriseds 9 ins 2003 No. 85 s 5

Declaration for Commonwealth Acts 9A ins 2010 No. 44 s 92

Regulation-making powers 10 (prev s 9) ins 2002 No. 15 s 14renum 2003 No. 85 s 4

SCHEDULE 1—THE ORIGINAL AGREEMENTsch hdg sub 1997 No. 72 s 8; 2002 No. 15 s 15

SCHEDULE 2—FIRST PROPOSED 1997 AGREEMENTsch hdg sub 2002 No. 15 s 17sch 2 ins 1997 No. 72 s 9

SCHEDULE 3—SECOND PROPOSED 1997 AGREEMENTsch hdg sub 2002 No. 15 s 18sch 3 ins 1997 No. 72 s 9


Endnotes


SCHEDULE 4—PROPOSED 2001 AGREEMENTsch hdg amd 2002 No. 15 s 16(1)sch 4 (prev sch 2) ins 2001 No. 46 s 3(2) sch 1renum and reloc 2002 No. 15 s 16(2)

SCHEDULE 5—PROPOSED 2002 AGREEMENTins 2002 No. 15 s 19

SCHEDULE 6—PROPOSED 2003 AGREEMENTins 2003 No. 85 s 6

© State of Queensland 2017


central queensland coal associates agreement act 1968faolex.fao.org/docs/pdf/qs41154.pdf · central...

Documents