Central Queensland Coal Associates Agreement Act 1968

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

8 Making of 2002 agreement authorised . . . . . . . . . . . . . . . . . . . . 5

9 Making of 2003 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 Schedule 5 Proposed 2002 agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127 Schedule 6 Proposed 2003 agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 Central Queensland Coal Associates Agreement Act 1968 [s 1] Central Queensland Coal Associates Agreement Act 1968 An Act about an agreement between the State and various companies for the mining of coal in central Queensland, and for related purposes

1 Short title This Act may be cited as the Central Queensland Coal Associates Agreement Act 1968.

1A Definition In this Act— the agreement means the agreement made on 28 January 1969 as authorised by section 2, as varied under this or another Act.

2 Execution of agreement authorised The Premier is hereby authorised to make, for and on behalf of the State, with Utah Development Company, a company registered in the State, and having its registered office at Fourth Floor, Canegrowers’ Building, 190–94 Edward Street, Brisbane, in the State and Mitsubishi Development Pty. Ltd., a company registered in the State and having its registered office at Eighth Floor, Commercial Union House, 349–53 Queen Street, Brisbane, in the State the agreement, the form of 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 Central Queensland Coal Associates Agreement Act 1968 [s 4]

4 Variation of agreement (1) The agreement may be varied only by further agreement between the parties under the authority of an Act. (2) A variation of the agreement purported to be made other than under 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 2005 under— (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 rent payable is the total of— (a) the rent that would have been payable if the rent were not for a supply for which GST is payable; and (b) 10% of the rent that would have been payable if the rent were 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 agreement with the parties named in the agreement in schedule 2. (2) The agreement must be substantially in the form set out in schedule 2. (3) After the agreement in schedule 2 is made, the Premier is authorised, for the State, to make an agreement with the parties named in the agreement in schedule 3. Page 4 Current as at 30 January 2012 Authorised by the Parliamentary Counsel Central Queensland Coal Associates Agreement Act 1968 [s 7] (4) The agreement must be substantially in the form set out in schedule 3. (5) The Premier must notify the date of the making of each agreement by gazette notice.

7 Making of 2001 agreement authorised (1) The agreement, as varied by the 1984 agreement, may be further varied by a further agreement corresponding to the proposed further agreement set out in schedule 4. (2) The Premier must notify the date of the making of the further agreement by gazette notice. (3) On the making of the further agreement the provisions of the further agreement have the force of law as if they were enacted. (4) In this section— 1984 agreement means the agreement made under the authority of the Central Queensland Coal Associates Agreement and Queensland Coal Trust Act 1984.

8 Making of 2002 agreement authorised (1) The Premier is authorised, for the State, to make an agreement (the 2002 agreement) with the other parties named in the 2002 agreement. (2) The 2002 agreement must be substantially in the form set out in schedule 5. (3) The Premier must notify the date of making of the 2002 agreement by gazette notice.

9 Making of 2003 agreement authorised (1) The Premier is authorised, for the State, to make an agreement (the 2003 agreement) with the other parties named in the 2003 agreement. Current as at 30 January 2012 Page 5 Authorised by the Parliamentary Counsel Central Queensland Coal Associates Agreement Act 1968 [s 9A] (2) The 2003 agreement must be substantially in the form set out in schedule 6. (3) The Premier must notify, by gazette notice, the date the 2003 agreement is made.

9A Declaration for Commonwealth Act A special coal mining lease is declared not to be personal property under the Personal Property Securities Act 2009 (Cwlth).

10 Regulation-making power The Governor in Council may make regulations under this Act. Page 6 Current as at 30 January 2012 Authorised by the Parliamentary Counsel Central Queensland Coal Associates Agreement Act 1968 Schedule 1 Schedule 1 The original agreement section 2 Editor’s note— Consistent with the provisions of the Act, this schedule only contains the proposed agreement authorised to be entered into by the Act as originally enacted. It does not purport to be either the agreement actually entered into or that agreement as amended from time to time. Current as at 30 January 2012 Page 7 Authorised by the Parliamentary Counsel Central Queensland Coal Associates Agreement Act 1968 Schedule 1 Page 8 Current as at 30 January 2012 Authorised by the Parliamentary Counsel Central Queensland Coal Associates Agreement Act 1968 Schedule 1 Current as at 30 January 2012 Page 9 Authorised by the Parliamentary Counsel Central Queensland Coal Associates Agreement Act 1968 Schedule 1 Page 10 Current as at 30 January 2012 Authorised by the Parliamentary Counsel Central Queensland Coal Associates Agreement Act 1968 Schedule 1 Current as at 30 January 2012 Page 11 Authorised by the Parliamentary Counsel Central Queensland Coal Associates Agreement Act 1968 Schedule 1 Page 12 Current as at 30 January 2012 Authorised by the Parliamentary Counsel Central Queensland Coal Associates Agreement Act 1968 Schedule 1 Current as at 30 January 2012 Page 13 Authorised by the Parliamentary Counsel Central Queensland Coal Associates Agreement Act 1968 Schedule 1 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Queensland Coal Associates Agreement Act 1968 Schedule 2 Current as at 30 January 2012 Page 105 Authorised by the Parliamentary Counsel Central Queensland Coal Associates Agreement Act 1968 Schedule 2 Page 106 Current as at 30 January 2012 Authorised by the Parliamentary Counsel Central Queensland Coal Associates Agreement Act 1968 Schedule 2 Current as at 30 January 2012 Page 107 Authorised by the Parliamentary Counsel Central Queensland Coal Associates Agreement Act 1968 Schedule 2 Page 108 Current as at 30 January 2012 Authorised by the Parliamentary Counsel Central Queensland Coal Associates Agreement Act 1968 Schedule 2 Current as at 30 January 2012 Page 109 Authorised by the Parliamentary Counsel Central Queensland Coal Associates Agreement Act 1968 Schedule 2 Page 110 Current as at 30 January 2012 Authorised by the Parliamentary Counsel Central Queensland Coal Associates Agreement Act 1968 Schedule 2 Current as at 30 January 2012 Page 111 Authorised by the Parliamentary Counsel Central Queensland Coal Associates Agreement Act 1968 Schedule 3 Schedule 3 Second proposed 1997 agreement section 6 Page 112 Current as at 30 January 2012 Authorised by the Parliamentary Counsel Central Queensland Coal Associates Agreement Act 1968 Schedule 3 Current as at 30 January 2012 Page 113 Authorised by the Parliamentary Counsel Central Queensland Coal Associates Agreement Act 1968 Schedule 3 Page 114 Current as at 30 January 2012 Authorised by the Parliamentary Counsel Central Queensland Coal Associates Agreement Act 1968 Schedule 3 Current as at 30 January 2012 Page 115 Authorised by the Parliamentary Counsel Central Queensland Coal Associates Agreement Act 1968 Schedule 3 Page 116 Current as at 30 January 2012 Authorised by the Parliamentary Counsel Central Queensland Coal Associates Agreement Act 1968 Schedule 4 Schedule 4 Proposed 2001 agreement section 7 Current as at 30 January 2012 Page 117 Authorised by the Parliamentary Counsel Central Queensland Coal Associates Agreement Act 1968 Schedule 4 Page 118 Current as at 30 January 2012 Authorised by the Parliamentary Counsel Central Queensland Coal Associates Agreement Act 1968 Schedule 4 Current as at 30 January 2012 Page 119 Authorised by the Parliamentary Counsel Central Queensland Coal Associates Agreement Act 1968 Schedule 4 Page 120 Current as at 30 January 2012 Authorised by the Parliamentary Counsel Central Queensland Coal Associates Agreement Act 1968 Schedule 4 Current as at 30 January 2012 Page 121 Authorised by the Parliamentary Counsel Central Queensland Coal Associates Agreement Act 1968 Schedule 4 Page 122 Current as at 30 January 2012 Authorised by the Parliamentary Counsel Central Queensland Coal Associates Agreement Act 1968 Schedule 4 Current as at 30 January 2012 Page 123 Authorised by the Parliamentary Counsel Central Queensland Coal Associates Agreement Act 1968 Schedule 4 Page 124 Current as at 30 January 2012 Authorised by the Parliamentary Counsel Central Queensland Coal Associates Agreement Act 1968 Schedule 4 Current as at 30 January 2012 Page 125 Authorised by the Parliamentary Counsel Central Queensland Coal Associates Agreement Act 1968 Schedule 4 Page 126 Current as at 30 January 2012 Authorised by the Parliamentary Counsel Central Queensland Coal Associates Agreement Act 1968 Schedule 5 Schedule 5 Proposed 2002 agreement section 8 Current as at 30 January 2012 Page 127 Authorised by the Parliamentary Counsel Central Queensland Coal Associates Agreement Act 1968 Schedule 5 Page 128 Current as at 30 January 2012 Authorised by the Parliamentary Counsel Central Queensland Coal Associates Agreement Act 1968 Schedule 5 Current as at 30 January 2012 Page 129 Authorised by the Parliamentary Counsel Central Queensland Coal Associates Agreement Act 1968 Schedule 5 Page 130 Current as at 30 January 2012 Authorised by the Parliamentary Counsel Central Queensland Coal Associates Agreement Act 1968 Schedule 6 Schedule 6 Proposed 2003 agreement section 9 Current as at 30 January 2012 Page 131 Authorised by the Parliamentary Counsel Central Queensland Coal Associates Agreement Act 1968 Schedule 6 Page 132 Current as at 30 January 2012 Authorised by the Parliamentary Counsel Central Queensland Coal Associates Agreement Act 1968 Schedule 6 Current as at 30 January 2012 Page 133 Authorised by the Parliamentary Counsel Central Queensland Coal Associates Agreement Act 1968 Schedule 6 Page 134 Current as at 30 January 2012 Authorised by the Parliamentary Counsel Central Queensland Coal Associates Agreement Act 1968 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 (prev) = previously 1954 amd = amended proc = proclamation amd = amendment prov = provision t 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 renu = renumbered m ins = inserted rep = repealed lap = lapsed (retro = retrospectively ) notf = notified rv = revised edition d num = numbered s = section Current as at 30 January 2012 Page 135 Central Queensland Coal Associates Agreement Act 1968 Endnotes Key Explanation Key Explanation o in = order in council sch = schedule c 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 unnu = unnumbered m prev = previous

3 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. Reprint Amendments to Effective Reprint date No. 1 1984 Act No. 27 29 March 1984 31 May 1996 1A rv 2002 Act No. 15 17 May 2002 17 May 2002 Reprint Amendments Effective Notes No. included 1B 2003 Act No. 85 6 November 2003 1C 2010 Act No. 44 30 January 2012 Page 136 Current as at 30 January 2012 Central Queensland Coal Associates Agreement Act 1968 Endnotes

4 List of legislation Central Queensland Coal Associates Agreement Act 1968 No. 55 date of assent 24 December 1968 commenced on date of assent amending legislation— Central Queensland Coal Associates Agreement and Queensland Coal Trust Act

1984 No. 27 s 4 date of assent 29 March 1984 commenced on date of assent Central Queensland Coal Associates Agreement Amendment Act 1997 No. 72 date of assent 1 December 1997 ss 1–2 commenced on date of assent remaining provisions commenced 1 January 1998 (see s 2) GST and Related Matters Act 2000 No. 20 ss 1, 2(4), 29 sch 3 date of assent 23 June 2000 ss 1–2 commenced on date of assent remaining 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 2001 ss 1–2 commenced on date of assent remaining provisions commenced 28 June 2001 (2001 SL No. 101) Transport Legislation Amendment Act 2002 No. 15 ss 1–2(1), pt 3 date of assent 17 May 2002 commenced on date of assent (see s 2(1)) Local Government and Other Legislation Amendment Act 2003 No. 85 s 1, pt 2 date of assent 6 November 2003 commenced on date of assent Personal Property Securities (Ancillary Provisions) Act 2010 No. 44 ss 1–2, ch 4 pt 14 date of assent 14 October 2010 ss 1–2 commenced on date of assent remaining 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 1093–6 commenced on date of publication

15 June 1971 pp 1011–37 commenced on date of publication Current as at 30 January 2012 Page 137 Central Queensland Coal Associates Agreement Act 1968 Endnotes

20 October 1973 pp 801–23 commenced 23 October 1973

8 May 1976 pp 211–18 commenced 27 May 1976

9 November 1976 pp 1123–9 commenced 1 February 1977

10 December 1983 pp 1527–34 commenced 16 February 1984 Central Queensland Coal Associates Agreement and Queensland Coal Trust Act

1984 No. 27 pt 3, sch 1 date of assent 29 March 1984 commenced 2 April 1984 (see proc pubd gaz 11 October 1986 p 1020) Central Queensland Coal Associates Agreement (Amendment) Act 1986 No. 7 s 2 sch date of assent 20 March 1986 commenced 25 March 1986 (see proc pubd gaz 11 October 1986 p 1020) order in council published gazette (pre SL series)—

6 September 1986 pp 131–70 commenced 30 September 1986 Central Queensland Coal Associates Agreement Amendment Act 1989 No. 85 s 2 sch date of assent 28 September 1989 commenced 28 September 1989 (see proc pubd gaz 21 October 1989 p 1308) Central Queensland Coal Associates (Variation of Agreement) Order 1992 pubd gaz 15 May 1992 pp 427–35 commenced 14 May 1992 (see s 2) Central Queensland Coal Associates Agreement Regulation 1995 SL No. 245 notfd gaz 1 September 1995 commenced on date of notification Central Queensland Coal Associates Agreement Variation Act 1996 No. 27 date of assent 15 August 1996 commenced on date of assent Central Queensland Coal Associates Agreement Regulation 1997 SL No. 117 notfd gaz 16 May 1997 pp 242–4 commenced on date of notification Central Queensland Coal Associates Agreement Amendment Act 1997 No. 72 s 9 date of assent 1 December 1997 ss 1–2 commenced on date of assent remaining provisions commenced 1 January 1998 (see s 2)

6 List of annotations Long title sub 2002 No. 15 s 6 Page 138 Current as at 30 January 2012 Central Queensland Coal Associates Agreement Act 1968 Endnotes Definition s 1A ins 2002 No. 15 s 7 Execution of agreement authorised s 2 amd 1997 No. 72 s 4; 2002 No. 15 s 8 Agreement has force of law s 3 sub 2002 No. 15 s 9 Variation of agreement s 4 ins 2002 No. 15 s 11 Application of GST to rents after 30 June 2005 s 4A ins 2000 No. 20 s 29 sch 3 om 2002 No. 15 s 12 Application of GST to rents after 30 June 2005 s 5 amd 1997 No. 72 s 6 sub 2002 No. 15 s 12 Making of 1997 agreements authorised prov hdg sub 2002 No. 15 s 13 s 6 ins 1997 No. 72 s 7 Making of 2001 agreement authorised prov hdg sub 2002 No. 15 s 10(1) s 7 (prev s 4) amd 1984 No. 27 s 4; 1997 No. 72 s 5 sub 2001 No. 46 s 4 amd 2002 No. 15 s 10(2) renum and reloc 2002 No. 15 s 10(3) Making of 2002 agreement authorised s 8 ins 2002 No. 15 s 14 Making of 2003 agreement authorised s 9 ins 2003 No. 85 s 5 Declaration for Commonwealth Act s 9A ins 2010 No. 44 s 92 Regulation-making power s 10 (prev s 9) ins 2002 No. 15 s 14 renum 2003 No. 85 s 4

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

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

SCHEDULE 3—SECOND PROPOSED 1997 AGREEMENT sch hdg sub 2002 No. 15 s 18 sch 3 ins 1997 No. 72 s 9 Current as at 30 January 2012 Page 139 Central Queensland Coal Associates Agreement Act 1968 Endnotes

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

SCHEDULE 5—PROPOSED 2002 AGREEMENT ins 2002 No. 15 s 19

SCHEDULE 6—PROPOSED 2003 AGREEMENT ins 2003 No. 85 s 6 © State of Queensland 2017 Page 140 Current as at 30 January 2012