{"id":"qld:act-1984-027","name":"Central Queensland Coal Associates Agreement and Queensland Coal Trust Act 1984","slug":"central-queensland-coal-associates-agreement-and-queensland-coal-trust-act-1984","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"27 of 1984","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104967,"registerId":"qld-act-1984-027-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Central Queensland Coal Associates Agreement and Queensland Coal Trust Act 1984 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":null,"content":"### Section sec.2\n\ns 2 amd 1988 No. 38 s 4\nom 1 July 1995 RA s 36","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":null,"content":"### Section sec.3\n\ns 3 om 1 July 1995 RA s 37","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":null,"content":"### Section sec.4\n\ns 4 om 1 July 1995 RA s 40","sortOrder":4},{"sectionNumber":"pt.2","sectionType":"part","heading":null,"content":"","sortOrder":5},{"sectionNumber":"pt.3","sectionType":"part","heading":"Agreement to amend central Queensland coal associates agreement","content":"# Agreement to amend central Queensland coal associates agreement","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"Making of agreement authorised","content":"### sec.5 Making of agreement authorised\n\nThe Premier is hereby authorised to make, for and on behalf of the State, with the other parties named in the agreement, an agreement substantially in accordance with the form of agreement set out in the schedule 1 .\nThe agreement made pursuant to the authority conferred by this section is in this part referred to as the agreement .\n(sec.5-ssec.1) The Premier is hereby authorised to make, for and on behalf of the State, with the other parties named in the agreement, an agreement substantially in accordance with the form of agreement set out in the schedule 1 .\n(sec.5-ssec.2) The agreement made pursuant to the authority conferred by this section is in this part referred to as the agreement .","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Executed agreement to have the force of law","content":"### sec.6 Executed agreement to have the force of law\n\nUpon the making of the agreement the provisions thereof shall have the force of law as if they were an enactment of this Act.\nThe date of the making of the agreement shall be notified by proclamation.\n(sec.6-ssec.1) Upon the making of the agreement the provisions thereof shall have the force of law as if they were an enactment of this Act.\n(sec.6-ssec.2) The date of the making of the agreement shall be notified by proclamation.","sortOrder":8},{"sectionNumber":"pt.4","sectionType":"part","heading":"Provisions affecting Queensland Coal Trust","content":"# Provisions affecting Queensland Coal Trust","sortOrder":9},{"sectionNumber":"sec.7","sectionType":"section","heading":"Interpretation","content":"### sec.7 Interpretation\n\nFor the purposes of this part—\nCourt means the Supreme Court or a judge thereof.\ns 7 def court ins 1988 No. 38 s 5 (a)\nmanager means the manager for the time being appointed pursuant to the trust deed.\ns 7 def manager ins 1988 No. 38 s 5 (b)\nQueensland Coal Trust means the trusts constituted by the trust deed and to be styled ‘Queensland Coal Trust’.\nreconstruction provisions means the provisions of the trust deed as amended by amendments to the trust deed taken to have been validly made by the operation of section 10A .\ns 7 def reconstruction provisions ins 1988 No. 38 s 5 (c)\nstatutory body means any authority, board, commission, trust or other body, howsoever called, and any corporation sole which—\nis constituted by or under any Act; and\nby or pursuant to the Act by or under which it is constituted, is required to discharge functions or duties or is authorised to exercise powers or authorities.\ntrust deed means the deed of trust made 12 January 1984 between—\nHill Samuel Australia Limited a company duly incorporated in the State of New South Wales and having its registered office at 26th Floor, 20 Bond Street, Sydney in the State of New South Wales;\nQCT Management Limited a company duly incorporated in the State of Queensland and having its registered office at 17th Floor, T & G Building, Queen and Albert Streets, Brisbane in the State of Queensland;\nPermanent Trustee Company Limited a company duly incorporated in the State of New South Wales and having its registered office at 23-25 O’Connell Street, Sydney in the State of New South Wales;\nwhich deed, on 17 January 1984, has been approved pursuant to the Companies (Queensland) Code , section 166 .\ntrustee means the trustee for the time being of the trusts constituted by the trust deed and includes any person acting as trustee.\nunit means one of the divisional interests or parts into which the beneficial interest in the cash and investments and other property for the time being held by the trustee upon the trusts of the trust deed is divided, as is provided for in the trust deed or that deed as duly amended from time to time, and includes both a fully paid unit and a partly paid unit.\n- (a) is constituted by or under any Act; and\n- (b) by or pursuant to the Act by or under which it is constituted, is required to discharge functions or duties or is authorised to exercise powers or authorities.\n- (a) Hill Samuel Australia Limited a company duly incorporated in the State of New South Wales and having its registered office at 26th Floor, 20 Bond Street, Sydney in the State of New South Wales;\n- (b) QCT Management Limited a company duly incorporated in the State of Queensland and having its registered office at 17th Floor, T & G Building, Queen and Albert Streets, Brisbane in the State of Queensland;\n- (c) Permanent Trustee Company Limited a company duly incorporated in the State of New South Wales and having its registered office at 23-25 O’Connell Street, Sydney in the State of New South Wales;","sortOrder":10},{"sectionNumber":"sec.8","sectionType":"section","heading":"Dealing in units exempt in certain cases from requirement for consent or approval","content":"### sec.8 Dealing in units exempt in certain cases from requirement for consent or approval\n\nWhere by reason of the trustee holding (whether directly or in the name of custodians or nominees) property of a particular description or an authority relating to property of a particular description the consent or approval of a Minister, statutory body, local government or other person would but for this section be required in respect of the acquisition, transfer or other dealing (including dealing for the purposes of any arrangement under the reconstruction provisions) affecting a unit by the provisions of any Act (other than this Act) or instrument made, issued or granted under an Act then notwithstanding those provisions that consent or approval shall not be required in respect of such an acquisition, transfer or other dealing.\ns 8 amd 1988 No. 38 s 6","sortOrder":11},{"sectionNumber":"sec.9","sectionType":"section","heading":"Restriction on certain acquisitions of units","content":"### sec.9 Restriction on certain acquisitions of units\n\nA person shall not except with the consent of the Governor in Council first had and obtained acquire within the meaning of the trust deed any unit or units if—\nbeing a person who is not entitled to any units or is entitled to less than 20% of the units—the person would, immediately after the acquisition, be entitled to more than 20% of the units; or\nbeing a person who is entitled to not less than 20% but less than 90% of the units—the person would, immediately after the acquisition, be entitled to a greater percentage of the number of units than the percentage to which that person was entitled immediately before the acquisition.\nIf a person acquires within the meaning of the trust deed any unit or units in contravention of subsection (1) and the Governor in Council has not approved of the acquisition at any time prior to the giving of the notice referred to in this subsection the Minister may with the authority of the Governor in Council first had and obtained, by signed notice, direct the manager at the material time of the trust to give effect to clauses 5A.8 to 5A.9.5 of the trust deed, with respect to that unit or those units or to such of those clauses as is appropriate in the circumstances as if the acquisition were one which caused an infringement or contravention of clause 5A.1 of the trust deed, and the manager is hereby empowered so to do.\nUpon receipt by the manager of a notice given by the Minister under subsection (2) , the manager of the trust shall comply with the notice in all respects.\nNothing in this section shall render the manager of the trust or any trustee liable or responsible by reason of any person acquiring units in contravention of this section.\nFor the purposes of this section, where each of 2 or more persons who are associated persons within the meaning of part 5A of the trust deed has acquired within the meaning of the trust deed units each of those persons shall be deemed to have acquired the whole number of those units.\nWhere a person has acquired within the meaning of the trust deed units in contravention of subsection (1) , the person shall not be entitled to avoid any transaction whereby the person acquired the units nor to claim any refund of or otherwise to recover moneys paid under the transaction.\nFor the purposes of this section the units to which a person is entitled shall be determined in accordance with clause 5A.5.3 of the trust deed.\n(sec.9-ssec.1) A person shall not except with the consent of the Governor in Council first had and obtained acquire within the meaning of the trust deed any unit or units if— being a person who is not entitled to any units or is entitled to less than 20% of the units—the person would, immediately after the acquisition, be entitled to more than 20% of the units; or being a person who is entitled to not less than 20% but less than 90% of the units—the person would, immediately after the acquisition, be entitled to a greater percentage of the number of units than the percentage to which that person was entitled immediately before the acquisition.\n(sec.9-ssec.2) If a person acquires within the meaning of the trust deed any unit or units in contravention of subsection (1) and the Governor in Council has not approved of the acquisition at any time prior to the giving of the notice referred to in this subsection the Minister may with the authority of the Governor in Council first had and obtained, by signed notice, direct the manager at the material time of the trust to give effect to clauses 5A.8 to 5A.9.5 of the trust deed, with respect to that unit or those units or to such of those clauses as is appropriate in the circumstances as if the acquisition were one which caused an infringement or contravention of clause 5A.1 of the trust deed, and the manager is hereby empowered so to do.\n(sec.9-ssec.3) Upon receipt by the manager of a notice given by the Minister under subsection (2) , the manager of the trust shall comply with the notice in all respects.\n(sec.9-ssec.4) Nothing in this section shall render the manager of the trust or any trustee liable or responsible by reason of any person acquiring units in contravention of this section.\n(sec.9-ssec.5) For the purposes of this section, where each of 2 or more persons who are associated persons within the meaning of part 5A of the trust deed has acquired within the meaning of the trust deed units each of those persons shall be deemed to have acquired the whole number of those units.\n(sec.9-ssec.6) Where a person has acquired within the meaning of the trust deed units in contravention of subsection (1) , the person shall not be entitled to avoid any transaction whereby the person acquired the units nor to claim any refund of or otherwise to recover moneys paid under the transaction.\n(sec.9-ssec.7) For the purposes of this section the units to which a person is entitled shall be determined in accordance with clause 5A.5.3 of the trust deed.\n- (a) being a person who is not entitled to any units or is entitled to less than 20% of the units—the person would, immediately after the acquisition, be entitled to more than 20% of the units; or\n- (b) being a person who is entitled to not less than 20% but less than 90% of the units—the person would, immediately after the acquisition, be entitled to a greater percentage of the number of units than the percentage to which that person was entitled immediately before the acquisition.","sortOrder":12},{"sectionNumber":"sec.10","sectionType":"section","heading":"Powers and duties of manager of trust regarding compliance with s 9 (1)","content":"### sec.10 Powers and duties of manager of trust regarding compliance with s 9 (1)\n\nThe manager at the material time of the trust, before or after the manager allots units to any person or registers a transfer or transmission of units, may inquire of the person registered or about to be registered as the holder whether the acquisition by that person of the units is in accordance with section 9 (1) and that person shall answer the inquiry in writing.\nIf the manager at the material time believes or suspects that the acquisition by a person of units is or was in contravention of section 9 (1) the manager shall inquire of the person as provided in subsection (1) .\nWhere the manager at the material time of the trust believes or suspects on reasonable grounds that an acquisition of units is or was in contravention of section 9 (1) the manager shall, in writing, notify the Minister of that fact and of the particulars on which his or her belief or suspicion is founded.\n(sec.10-ssec.1) The manager at the material time of the trust, before or after the manager allots units to any person or registers a transfer or transmission of units, may inquire of the person registered or about to be registered as the holder whether the acquisition by that person of the units is in accordance with section 9 (1) and that person shall answer the inquiry in writing.\n(sec.10-ssec.2) If the manager at the material time believes or suspects that the acquisition by a person of units is or was in contravention of section 9 (1) the manager shall inquire of the person as provided in subsection (1) .\n(sec.10-ssec.3) Where the manager at the material time of the trust believes or suspects on reasonable grounds that an acquisition of units is or was in contravention of section 9 (1) the manager shall, in writing, notify the Minister of that fact and of the particulars on which his or her belief or suspicion is founded.","sortOrder":13},{"sectionNumber":"sec.10A","sectionType":"section","heading":"Amendment of trust deed to provide for certain reconstruction","content":"### sec.10A Amendment of trust deed to provide for certain reconstruction\n\nNotwithstanding any other law, upon amendments to the trust deed substantially in accordance with the form of amendments set out in schedule 3 being approved by special resolution of unit holders as amendments to the trust deed and the execution by the trustee and the manager of a deed supplemental to the trust deed to make the amendments so approved, the trust deed shall be taken to have been validly amended accordingly.\nThe reconstruction provisions and the date of approval thereof as amendments to the trust deed shall be published by notification in the gazette.\nFor the purposes of subsection (1) —\nspecial resolution has the same meaning as it has in the trust deed.\ns 10A ins 1988 No. 38 s 7\n(sec.10A-ssec.1) Notwithstanding any other law, upon amendments to the trust deed substantially in accordance with the form of amendments set out in schedule 3 being approved by special resolution of unit holders as amendments to the trust deed and the execution by the trustee and the manager of a deed supplemental to the trust deed to make the amendments so approved, the trust deed shall be taken to have been validly amended accordingly.\n(sec.10A-ssec.2) The reconstruction provisions and the date of approval thereof as amendments to the trust deed shall be published by notification in the gazette.\n(sec.10A-ssec.3) For the purposes of subsection (1) — special resolution has the same meaning as it has in the trust deed.","sortOrder":14},{"sectionNumber":"sec.10B","sectionType":"section","heading":"Section 9 not to apply to reconstruction","content":"### sec.10B Section 9 not to apply to reconstruction\n\nAny arrangement proposed by the manager, and approved in accordance with the terms of the reconstruction provisions, shall be binding and shall have and be given full force and effect on and by the trustee, the manager and all persons registered or entitled to be registered as holders of units notwithstanding the provisions of sections 9 and 10 or any provision of the trust deed.\ns 10B ins 1988 No. 38 s 7","sortOrder":15},{"sectionNumber":"sec.10C","sectionType":"section","heading":"Court’s powers","content":"### sec.10C Court’s powers\n\nAfter publication of the reconstruction provisions and the date of approval thereof pursuant to the provisions of section 10A , the Court may, upon application made to it for that purpose, make orders for—\nthe convening of a meeting or meetings to consider a proposed arrangement;\nthe approval by it of a proposed arrangement;\nas provided for by, and in accordance with, the reconstruction provisions and such further or other orders ancillary thereto as it thinks fit.\nUpon the approval of a proposed arrangement in accordance with the terms of the reconstruction provisions, the Court may, upon application made to it for that purpose, make such orders as are necessary to ensure that the arrangement is fully and effectively carried out which may include orders for—\nthe issue and allotment of shares in a company in substitution for units issued pursuant to the trust deed;\nthe cancellation of units in substitution for which shares are so issued and allotted;\nthe issue and allotment of units pursuant to the trust deed to a company in which shares are or are to be so issued and allotted in substitution for units;\nthe provision to be made for persons who within such time and in such manner as the Court directs, dissent from the arrangement.\ns 10C ins 1988 No. 38 s 8\n(sec.10C-ssec.1) After publication of the reconstruction provisions and the date of approval thereof pursuant to the provisions of section 10A , the Court may, upon application made to it for that purpose, make orders for— the convening of a meeting or meetings to consider a proposed arrangement; the approval by it of a proposed arrangement; as provided for by, and in accordance with, the reconstruction provisions and such further or other orders ancillary thereto as it thinks fit.\n(sec.10C-ssec.2) Upon the approval of a proposed arrangement in accordance with the terms of the reconstruction provisions, the Court may, upon application made to it for that purpose, make such orders as are necessary to ensure that the arrangement is fully and effectively carried out which may include orders for— the issue and allotment of shares in a company in substitution for units issued pursuant to the trust deed; the cancellation of units in substitution for which shares are so issued and allotted; the issue and allotment of units pursuant to the trust deed to a company in which shares are or are to be so issued and allotted in substitution for units; the provision to be made for persons who within such time and in such manner as the Court directs, dissent from the arrangement.\n- (a) the convening of a meeting or meetings to consider a proposed arrangement;\n- (b) the approval by it of a proposed arrangement;\n- (a) the issue and allotment of shares in a company in substitution for units issued pursuant to the trust deed;\n- (b) the cancellation of units in substitution for which shares are so issued and allotted;\n- (c) the issue and allotment of units pursuant to the trust deed to a company in which shares are or are to be so issued and allotted in substitution for units;\n- (d) the provision to be made for persons who within such time and in such manner as the Court directs, dissent from the arrangement.","sortOrder":16},{"sectionNumber":"sec.10D","sectionType":"section","heading":"Stamp duty regarding reconstruction","content":"### sec.10D Stamp duty regarding reconstruction\n\nWhere an arrangement is given full force and effect pursuant to section 10B ; the company which pursuant thereto is to have units in the Queensland Coal Trust issued to it shall, on the first issue or cancellation of a unit pursuant to that arrangement, pay to the consolidated fund an amount determined by the Governor in Council (on the recommendation of the Treasurer) which amount shall be a debt due and owing to the Crown.\nThe amount paid pursuant to subsection (1) , shall be deemed to be a payment of duty for the purposes of the Stamp Act 1894 , section 56B or the Duties Act 2001 , chapter 2 , part 8 , and an offset of that amount of duty shall be allowed against duty chargeable or imposed under that Act in respect of the issue of units to the company or the cancellation of units by the unitholders pursuant to the arrangement referred to in subsection (1) .\ns 10D ins 1988 No. 38 s 8\namd 2001 No. 71 s 551 sch 1\n(sec.10D-ssec.1) Where an arrangement is given full force and effect pursuant to section 10B ; the company which pursuant thereto is to have units in the Queensland Coal Trust issued to it shall, on the first issue or cancellation of a unit pursuant to that arrangement, pay to the consolidated fund an amount determined by the Governor in Council (on the recommendation of the Treasurer) which amount shall be a debt due and owing to the Crown.\n(sec.10D-ssec.2) The amount paid pursuant to subsection (1) , shall be deemed to be a payment of duty for the purposes of the Stamp Act 1894 , section 56B or the Duties Act 2001 , chapter 2 , part 8 , and an offset of that amount of duty shall be allowed against duty chargeable or imposed under that Act in respect of the issue of units to the company or the cancellation of units by the unitholders pursuant to the arrangement referred to in subsection (1) .","sortOrder":17},{"sectionNumber":"pt.5","sectionType":"part","heading":"Application of Harbours Act 1955 to certain agreements with Gladstone Harbour Board","content":"# Application of Harbours Act 1955 to certain agreements with Gladstone Harbour Board","sortOrder":18},{"sectionNumber":"sec.11","sectionType":"section","heading":"Certain provisions of Harbours Act 1955 not to apply","content":"### sec.11 Certain provisions of Harbours Act 1955 not to apply\n\nNotwithstanding the provisions of the Harbours Act 1955 , each agreement substantially in accordance with the form of and made between the parties named in the agreement set out in schedule 2 , part A, B, C or, as the case may be, D shall for the purposes of that Act be deemed to have the approval of the Governor in Council by order in council and the provisions of section 136A (4) and (5) of that Act shall not apply in respect of that agreement.\nThe Gladstone Harbour Board shall cause notification of the date of the making of each agreement to be published in the gazette.\n(sec.11-ssec.1) Notwithstanding the provisions of the Harbours Act 1955 , each agreement substantially in accordance with the form of and made between the parties named in the agreement set out in schedule 2 , part A, B, C or, as the case may be, D shall for the purposes of that Act be deemed to have the approval of the Governor in Council by order in council and the provisions of section 136A (4) and (5) of that Act shall not apply in respect of that agreement.\n(sec.11-ssec.2) The Gladstone Harbour Board shall cause notification of the date of the making of each agreement to be published in the gazette.","sortOrder":19},{"sectionNumber":"pt.6","sectionType":"part","heading":"Application of mortgage provisions of Land Act 1962 to special lease No. 43090","content":"# Application of mortgage provisions of Land Act 1962 to special lease No. 43090","sortOrder":20},{"sectionNumber":"sec.12","sectionType":"section","heading":"Interpretation","content":"### sec.12 Interpretation\n\nFor the purposes of this part—\nholder means holder of an interest as a tenant in common in the special lease.\nspecial lease means special lease No. 43090 over portions 87 and 102 in the parish of Hector, county of Carlisle, granted under the Land Act 1962 , section 203 (a) , the Harbours Act 1955 and the Central Queensland Coal Associates Agreement Act 1968 , part 5 as a site for plant or facilities for the storage, handling, unloading and loading of coal.","sortOrder":21},{"sectionNumber":"sec.13","sectionType":"section","heading":"Power to grant mortgages of interest in special lease","content":"### sec.13 Power to grant mortgages of interest in special lease\n\nNotwithstanding the provisions of the Land Act 1962 , a holder may execute a memorandum of mortgage over the holder’s interest as a tenant in common in the special lease in the form prescribed under that Act or to the like effect and the execution of that mortgage shall not be a breach of the conditions of the special lease by reason only that the mortgage is not over the whole of the holding.\nSubject to subsection (3) , the provisions of the Land Act 1962 that apply in respect of a mortgage of a special lease granted under that Act shall apply in respect of a mortgage granted pursuant to subsection (1) and for that purpose references in those provisions to ‘holdings’ shall be construed as references to ‘interest as a tenant in common in the special lease’.\nIn relation to a mortgage granted pursuant to subsection (1) , the rights of a mortgagee to enter and take possession under the Land Act 1994 shall not be construed as conferring on the mortgagee under the mortgage any greater right than those of the holder.\ns 13 amd 1994 No. 81 s 527 sch 5\n(sec.13-ssec.1) Notwithstanding the provisions of the Land Act 1962 , a holder may execute a memorandum of mortgage over the holder’s interest as a tenant in common in the special lease in the form prescribed under that Act or to the like effect and the execution of that mortgage shall not be a breach of the conditions of the special lease by reason only that the mortgage is not over the whole of the holding.\n(sec.13-ssec.2) Subject to subsection (3) , the provisions of the Land Act 1962 that apply in respect of a mortgage of a special lease granted under that Act shall apply in respect of a mortgage granted pursuant to subsection (1) and for that purpose references in those provisions to ‘holdings’ shall be construed as references to ‘interest as a tenant in common in the special lease’.\n(sec.13-ssec.3) In relation to a mortgage granted pursuant to subsection (1) , the rights of a mortgagee to enter and take possession under the Land Act 1994 shall not be construed as conferring on the mortgagee under the mortgage any greater right than those of the holder.","sortOrder":22},{"sectionNumber":"sch.2-pt","sectionType":"part","heading":"PART A","content":"# PART A","sortOrder":23},{"sectionNumber":"sch.2-pt-oc.2","sectionType":"part","heading":"PART B","content":"# PART B","sortOrder":24},{"sectionNumber":"sch.2-pt-oc.3","sectionType":"part","heading":"PART C","content":"# PART C","sortOrder":25},{"sectionNumber":"sch.2-pt-oc.4","sectionType":"part","heading":"PART D","content":"# PART D","sortOrder":26}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 1984 Act appears to have been primarily about authorising the coal agreement and establishing the Queensland Coal Trust framework. However, the 1988 amendments (sections 10A-10D) significantly expanded the scope to allow for 'reconstruction' of the Trust - essentially a corporate restructuring mechanism to convert the trust into a company structure. This went well beyond the original agreement-making purpose into complex corporate reorganisation and tax treatment. Additionally, Part 5 (harbour agreements) and Part 6 (land mortgages) appear to be unrelated technical fixes bundled into this legislation rather than part of a coherent original scheme."},"complexity_factors":["Multiple distinct subject matters combined in one Act (coal agreement, trust regulation, harbour agreements, land mortgages)","Heavy reliance on external documents - the 'trust deed' and 'reconstruction provisions' defined in Schedule 3 are incorporated by reference but not provided in the text","Nested conditional logic in section 9 with percentage thresholds (20%, 90%) and tiered restrictions","Cross-references to multiple other Acts: Harbours Act 1955, Land Act 1962, Land Act 1994, Stamp Act 1894, Duties Act 2001, Companies (Queensland) Code","Amendment history visible in text (1988, 1994, 2001 amendments) showing evolution of the reconstruction and stamp duty provisions","Technical mining/land law concepts: 'tenant in common', 'special lease', 'memorandum of mortgage'","Interaction between statutory restrictions (s 9) and contractual trust deed clauses (clauses 5A.8 to 5A.9.5)"],"plain_english_summary":"This Queensland legislation does three main things:\n\n**1. Authorises a coal mining agreement**\n- Allows the Premier to sign an agreement with coal companies to amend the Central Queensland Coal Associates Agreement (a major coal mining deal from the 1960s/70s).\n- Once signed, this agreement becomes law as if it were part of the Act itself.\n\n**2. Regulates the Queensland Coal Trust**\n- The Queensland Coal Trust was an investment vehicle set up in 1984 to hold shares in coal companies for Queensland investors.\n- **Unit trading rules**: Prevents anyone from secretly taking control of the Trust. If you own less than 20% of the units, you can't jump to owning more than 20% without government approval. If you already own 20-90%, you can't increase your stake at all without approval.\n- **Reconstruction powers**: Allows the Trust to restructure itself (for example, converting units into company shares) through a court-approved process, with special tax/stamp duty arrangements.\n- **Exemptions**: Trust units can be traded without needing approval from other government bodies that would normally regulate such transactions.\n\n**3. Fixes technical land and harbour issues**\n- Allows parts of a special coal handling lease to be mortgaged separately (normally you couldn't mortgage just part of a lease).\n- Exempts certain harbour agreements from standard approval requirements under the Harbours Act.\n\n**Why it matters**: This Act facilitated major coal industry restructuring in Queensland during the 1980s, allowing the Queensland Coal Trust to reorganise its investments while protecting against corporate raiders taking control without government oversight. It also solved practical legal obstacles around mortgaging shared mining infrastructure and harbour agreements."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"This instrument modifies how several existing laws operate in relation to the specified coal arrangements. It (a) validates and gives the State power to enter a particular coal agreement (s.5) and makes that agreement have force of law (s.6); (b) permits trust‑deed reconstructions to override other law and binds unitholders, with publication and court supervision (ss.10A–10C); (c) deems certain Harbour Board agreements to have Governor‑in‑Council approval (s.11); (d) carves out an exception to the Land Act to permit mortgages over a named special lease (s.13); and (e) imposes a duty‑style payment on companies receiving units in reconstructions (s.10D). These provisions expand or displace the ordinary operation of the referenced Acts for the matters and parties specified."},"complexity_factors":["Multiple legal instruments interact (trust deed, reconstruction provisions, Harbours Act, Land Act, Stamp/Duties Acts) creating cross‑statutory effects (see ss.7, 10A–10D, 11, 13).","Broad executive discretion: Premier authorised to make the agreement (s.5) and Governor in Council determines consent and duty amounts (ss.9, 10D).","Manager duties and compliance obligations impose information and notification duties and delegate enforcement powers to the manager (ss.8, 10, 9(2)–(3)).","Statutory overrides: the Act disapplies or deems approval under other statutes and treats trust amendments as valid notwithstanding other law (ss.8, 10A, 11).","Court involvement in reconstruction approvals and a wide remedial power set for arranging conversions and dissent procedures (s.10C).","Fiscal mechanism requiring a one‑off payment treated as stamp duty with offset rules complicates tax treatment (s.10D).","Narrow land/mortgage exception over a specific special lease modifies standard property rights and mortgage remedies (s.13)."],"plain_english_summary":"This Act gives the State power to enter a specific Central Queensland coal agreement and makes that agreement legally effective. It changes how the Queensland Coal Trust operates: it enables specified amendments to the trust deed (reconstructions), empowers the trustee/manager and the Court to implement arrangements converting trust units into company shares, and restricts unit acquisitions without Governor in Council consent.\n\nThe Act also deems certain Gladstone Harbour Board agreements approved, allows mortgages over a named special lease despite the Land Act, and requires a company to pay a duty-like amount on reconstructions."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The original 1984 Act focused primarily on authorising the coal associates agreement and establishing basic Queensland Coal Trust provisions. The 1988 amendments (No. 38) significantly expanded scope by adding an entirely new set of trust reconstruction provisions (sections 10A–10D and related definitions), which allowed the Trust to be restructured into a corporate form via Supreme Court-supervised scheme of arrangement. This represented a meaningful expansion beyond the original intent of merely authorising an agreement and regulating unit acquisition."},"complexity_factors":["Multiple distinct legal subject matters addressed in one Act (trust law, mining agreements, harbour law, land law)","Heavily incorporates and cross-references a private trust deed (the 1984 deed of trust) which is not reproduced in the Act itself","References to multiple other Acts (Land Act 1962, Land Act 1994, Harbours Act 1955, Stamp Act 1894, Duties Act 2001, Companies (Queensland) Code)","Complex unit acquisition thresholds and associated person rules that mirror Corporations Act-style takeover provisions","1988 amendments inserted entirely new reconstruction provisions (ss 10A–10D) that depend on understanding the trust deed's own definitions and clauses","Interplay between the Act and scheduled agreements that themselves have legal force as if enacted","Archaic legislative drafting style with dense subsection cross-referencing","Trust law concepts (trustee, manager, unit, special resolution, beneficial interest) require specialist knowledge","Specific stamp duty offset mechanism tied to a now-superseded Act (Stamp Act 1894) as well as the Duties Act 2001","Historical context essential to interpretation — the Act's practical operation depends on events (trust formation, special resolutions, Court orders) that occurred decades ago"],"plain_english_summary":"This 1984 Queensland law authorises the Premier to sign a scheduled agreement as if law, establishes the Queensland Coal Trust with government oversight and limits on large unit acquisitions, and allows controlled restructuring and special stamp‑duty treatment. It also grants specified harbour and lease exceptions at Gladstone. It affects coal investors, Trust unit‑holders, managers and harbour parties — significant for protecting state control of coal assets and enabling the Trust’s later restructure, now largely historical."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/central-queensland-coal-associates-agreement-and-queensland-coal-trust-act-1984","history":"/api/acts/central-queensland-coal-associates-agreement-and-queensland-coal-trust-act-1984/history","analysis":"/api/acts/central-queensland-coal-associates-agreement-and-queensland-coal-trust-act-1984/analysis","conflicts":"/api/acts/central-queensland-coal-associates-agreement-and-queensland-coal-trust-act-1984/conflicts","importantCases":"/api/acts/central-queensland-coal-associates-agreement-and-queensland-coal-trust-act-1984/important-cases","documents":"/api/acts/central-queensland-coal-associates-agreement-and-queensland-coal-trust-act-1984/documents"}}