{"id":"qld:act-1989-066","name":"Queensland International Tourist Centre Agreement Act Repeal Act 1989","slug":"queensland-international-tourist-centre-agreement-act-repeal-act-1989","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"66 of 1989","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104898,"registerId":"qld-act-1989-066-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 Queensland International Tourist Centre Agreement Act Repeal Act 1989 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":null,"content":"### Section sec.2\n\ns 2 om 24 November 1990 RA s 37","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Interpretation","content":"### sec.3 Interpretation\n\nIn this Act—\nagreement means the agreement (as subsequently amended) between the State of Queensland and Iwasaki Sangyo Co. (Aust.) Pty. Ltd. the execution of which was authorised by the Queensland International Tourist Centre Agreement Act 1978 .\ncommissioner means the Commissioner of Water Resources appointed within the meaning of the Water Resources Administration Act 1978 .\ncompany means Iwasaki Sangyo Co. (Aust.) Pty. Ltd. (ACN 009 858 191).\ns 3 def company sub 2001 No. 45 s 29 sch 3\nDirector of National Parks means the Director of National Parks and Wildlife appointed within the meaning of the National Parks and Wildlife Act 1975 .\nLivingstone Shire Council means the council for the shire of Livingstone constituted under and in accordance with the Local Government Act 1936 .\nMinister ...\ns 3 def Minister sub 1990 No. 73 s 3 sch 4\nom 24 November 1990 RA s 39\nregistrar of titles means the registrar appointed within the meaning of the Land Title Act 1994 .\nsurveyor-general means the chief executive (of the department within which the Surveyors Act 2003 is administered).\ns 3 def surveyor-general amd 2003 No. 70 s 206 sch 2\nthe Act means the Queensland International Tourist Centre Agreement Act 1978 .\ntown plan means the town planning scheme for the shire of Livingstone prepared in accordance with the Local Government Act 1936 .\nwell includes an artesian or subartesian well or bore whether licensed under the Water Resources Act 1989 or not.","sortOrder":3},{"sectionNumber":"pt.2","sectionType":"part","heading":null,"content":"","sortOrder":4},{"sectionNumber":"sec.5","sectionType":"section","heading":null,"content":"### Section sec.5\n\ns 5 om 2003 No. 64 s 145","sortOrder":5},{"sectionNumber":"sec.6","sectionType":"section","heading":null,"content":"### Section sec.6\n\ns 6 om 2003 No. 64 s 145","sortOrder":6},{"sectionNumber":"pt.3","sectionType":"part","heading":"Construction of road","content":"# Construction of road","sortOrder":7},{"sectionNumber":"sec.7","sectionType":"section","heading":"Construction of road","content":"### sec.7 Construction of road\n\nWithin 3 months after the commencement of this section the company shall, with the agreement of the Livingstone Shire Council first had and obtained, survey, at the expense of the company, the route for a road from the Yeppoon to Byfield Declared Road to Landing Reserve R11 parish of Woodlands county of Palmerston at Fishing Creek.\nWithin 12 months after the commencement of this section the company shall construct, at the company’s expense, a road at a standard specified by the Livingstone Shire Council along the route determined in accordance with subsection (1) .\nUpon certification of the completion of the road, as provided for in subsections (1) and (2) , by the Livingstone Shire Council, the dedicated road to Landing Reserve R11 parish of Woodlands county of Palmerston at Fishing Creek, as identified in schedule 1 , shall be permanently closed and thereupon shall be held by the company in fee simple and the road, as provided for in subsections (1) and (2) , shall be Crown land and deemed to be dedicated as a road for public use under and for the purposes of the Land Act 1962 .\nThe registrar of titles and the surveyor-general shall make recordings, entries or endorsements in the appropriate registers or records as they think necessary to record the dedication or closure of roads in accordance with this section and shall execute all such other acts, matters and things as may be necessary or proper to enable the delivery up of any grant or grants, certificate or certificates of title for land and the issue of a new grant or grants, certificate or certificates of title to that land.\n(sec.7-ssec.1) Within 3 months after the commencement of this section the company shall, with the agreement of the Livingstone Shire Council first had and obtained, survey, at the expense of the company, the route for a road from the Yeppoon to Byfield Declared Road to Landing Reserve R11 parish of Woodlands county of Palmerston at Fishing Creek.\n(sec.7-ssec.2) Within 12 months after the commencement of this section the company shall construct, at the company’s expense, a road at a standard specified by the Livingstone Shire Council along the route determined in accordance with subsection (1) .\n(sec.7-ssec.3) Upon certification of the completion of the road, as provided for in subsections (1) and (2) , by the Livingstone Shire Council, the dedicated road to Landing Reserve R11 parish of Woodlands county of Palmerston at Fishing Creek, as identified in schedule 1 , shall be permanently closed and thereupon shall be held by the company in fee simple and the road, as provided for in subsections (1) and (2) , shall be Crown land and deemed to be dedicated as a road for public use under and for the purposes of the Land Act 1962 .\n(sec.7-ssec.4) The registrar of titles and the surveyor-general shall make recordings, entries or endorsements in the appropriate registers or records as they think necessary to record the dedication or closure of roads in accordance with this section and shall execute all such other acts, matters and things as may be necessary or proper to enable the delivery up of any grant or grants, certificate or certificates of title for land and the issue of a new grant or grants, certificate or certificates of title to that land.","sortOrder":8},{"sectionNumber":"sec.8","sectionType":"section","heading":"Limitation on dealing with land","content":"### sec.8 Limitation on dealing with land\n\nUntil such time as the road specified in section 7 is surveyed, constructed and dedicated by the company under section 7 or by the Livingstone Shire Council under sections 9 to 11 , the land identified in schedule 1 as held in fee simple by the company shall not be the subject of any dealing permitted under the Land Title Act 1994 or the Property Law Act 2023 .\ns 8 amd 2023 No. 27 s 289 sch 3","sortOrder":9},{"sectionNumber":"sec.9","sectionType":"section","heading":"Failure to construct road","content":"### sec.9 Failure to construct road\n\nShould the company fail to survey, construct and dedicate the road as provided for in section 7 , the Livingstone Shire Council, notwithstanding the provisions of any other Act, is hereby authorised to take all necessary action to survey, construct and dedicate a road between the Yeppoon to Byfield Declared Road and Landing Reserve R11 parish of Woodlands county of Palmerston at Fishing Creek.\nAll costs and expenses incurred and certified by the Livingstone Shire Council to have been incurred in surveying, constructing and dedicating the road in accordance with subsection (1) shall be a debt due and owing by the company to the Livingstone Shire Council and may be registered as a debt in any court in Queensland and recovered in any manner prescribed for the recovery of debts in that court.\nNotwithstanding the provisions of subsection (2) , such debt, when certified to the registrar of titles by the Livingstone Shire Council, shall constitute a charge upon the land identified in schedule 1 as held in fee simple by the company and shall be registered as such upon the title to such land by the registrar of titles and shall not be discharged from the title to such land until the registrar of titles has received from the Livingstone Shire Council a certificate to the effect that such debt has been discharged, and, until such debt is discharged, such land shall not be the subject of any dealing.\nUpon completion of the road in accordance with this section and payment by the company of any costs and expenses, the dedicated road to Landing Reserve R11 parish of Woodlands county of Palmerston at Fishing Creek as identified in schedule 1 shall be permanently closed and thereupon shall be held by the company in fee simple and the road, as provided for in subsection (1) , shall be Crown land and deemed to be dedicated as a road for public use under and for the purposes of the Land Act 1962 .\nThe registrar of titles and the surveyor-general shall make all recordings, entries or endorsements in the appropriate registers or records as they think necessary to record the dedication or closure of the road in accordance with this section and shall execute all such other acts, matters and things as may be necessary or proper to enable the delivery up of any grant or grants, certificate or certificates of title for land and the issue of a new grant or grants, certificate or certificates of title to that land.\n(sec.9-ssec.1) Should the company fail to survey, construct and dedicate the road as provided for in section 7 , the Livingstone Shire Council, notwithstanding the provisions of any other Act, is hereby authorised to take all necessary action to survey, construct and dedicate a road between the Yeppoon to Byfield Declared Road and Landing Reserve R11 parish of Woodlands county of Palmerston at Fishing Creek.\n(sec.9-ssec.2) All costs and expenses incurred and certified by the Livingstone Shire Council to have been incurred in surveying, constructing and dedicating the road in accordance with subsection (1) shall be a debt due and owing by the company to the Livingstone Shire Council and may be registered as a debt in any court in Queensland and recovered in any manner prescribed for the recovery of debts in that court.\n(sec.9-ssec.3) Notwithstanding the provisions of subsection (2) , such debt, when certified to the registrar of titles by the Livingstone Shire Council, shall constitute a charge upon the land identified in schedule 1 as held in fee simple by the company and shall be registered as such upon the title to such land by the registrar of titles and shall not be discharged from the title to such land until the registrar of titles has received from the Livingstone Shire Council a certificate to the effect that such debt has been discharged, and, until such debt is discharged, such land shall not be the subject of any dealing.\n(sec.9-ssec.4) Upon completion of the road in accordance with this section and payment by the company of any costs and expenses, the dedicated road to Landing Reserve R11 parish of Woodlands county of Palmerston at Fishing Creek as identified in schedule 1 shall be permanently closed and thereupon shall be held by the company in fee simple and the road, as provided for in subsection (1) , shall be Crown land and deemed to be dedicated as a road for public use under and for the purposes of the Land Act 1962 .\n(sec.9-ssec.5) The registrar of titles and the surveyor-general shall make all recordings, entries or endorsements in the appropriate registers or records as they think necessary to record the dedication or closure of the road in accordance with this section and shall execute all such other acts, matters and things as may be necessary or proper to enable the delivery up of any grant or grants, certificate or certificates of title for land and the issue of a new grant or grants, certificate or certificates of title to that land.","sortOrder":10},{"sectionNumber":"sec.10","sectionType":"section","heading":"Powers of entry etc.","content":"### sec.10 Powers of entry etc.\n\nFor the purposes of section 9 any councillor, officer, employee, contractor or agent of the Livingstone Shire Council, or any person authorised by the Livingstone Shire Council in that behalf, may—\nenter upon any land identified in schedule 1 as held in fee simple by the company for the purpose of making any inspection, valuation, survey or taking levels;\naffix or set up thereon trigonometrical stations, survey pegs, marks, or poles, and from time to time alter, remove, inspect, reinstate and repair the same;\ndig and bore into the land so as to ascertain the nature of the soil, and set out the lines of any works thereon;\ndo all things necessary for the purposes aforesaid.\nThe power to enter upon any land includes power to—\nre-enter from time to time;\nremain upon that land for such time as is necessary to achieve the purpose of the entry;\ntake such assistants, vehicles, materials, equipment or things as are necessary to achieve the purpose of the entry.\nSave to the extent it is otherwise prescribed by this subsection, not less than 7 days notice in writing shall be given to the company of the intention to enter the land under subsection (1) and the authority under which the person entering claims to enter or has entered shall, if required by the company, be produced and shown.\nWhere entry upon land is proposed for the purpose only of making an inspection or a valuation thereof, notice as prescribed by subsection (3) need not be given.\nEvery person who—\nwithout due authority, destroys, mutilates, defaces, takes away, or alters the position of any trigonometrical station, survey peg, mark, or pole fixed or set up by any person under the authority of this section; or\nwilfully obstructs or attempts to obstruct any person acting under the authority of this section;\ncommits an offence against this Act.\nMaximum penalty—40 penalty units.\nThe Livingstone Shire Council or any councillor, officer, employee, contractor or agent thereof or any person authorised by the Livingstone Shire Council in that behalf shall not be liable for any compensation for any damage (if any) done to the land identified in schedule 1 as held in fee simple by the company by reason of the exercise of any power conferred by this section or section 9 or 11 .\n(sec.10-ssec.1) For the purposes of section 9 any councillor, officer, employee, contractor or agent of the Livingstone Shire Council, or any person authorised by the Livingstone Shire Council in that behalf, may— enter upon any land identified in schedule 1 as held in fee simple by the company for the purpose of making any inspection, valuation, survey or taking levels; affix or set up thereon trigonometrical stations, survey pegs, marks, or poles, and from time to time alter, remove, inspect, reinstate and repair the same; dig and bore into the land so as to ascertain the nature of the soil, and set out the lines of any works thereon; do all things necessary for the purposes aforesaid.\n(sec.10-ssec.2) The power to enter upon any land includes power to— re-enter from time to time; remain upon that land for such time as is necessary to achieve the purpose of the entry; take such assistants, vehicles, materials, equipment or things as are necessary to achieve the purpose of the entry.\n(sec.10-ssec.3) Save to the extent it is otherwise prescribed by this subsection, not less than 7 days notice in writing shall be given to the company of the intention to enter the land under subsection (1) and the authority under which the person entering claims to enter or has entered shall, if required by the company, be produced and shown.\n(sec.10-ssec.3A) Where entry upon land is proposed for the purpose only of making an inspection or a valuation thereof, notice as prescribed by subsection (3) need not be given.\n(sec.10-ssec.4) Every person who— without due authority, destroys, mutilates, defaces, takes away, or alters the position of any trigonometrical station, survey peg, mark, or pole fixed or set up by any person under the authority of this section; or wilfully obstructs or attempts to obstruct any person acting under the authority of this section; commits an offence against this Act. Maximum penalty—40 penalty units.\n(sec.10-ssec.5) The Livingstone Shire Council or any councillor, officer, employee, contractor or agent thereof or any person authorised by the Livingstone Shire Council in that behalf shall not be liable for any compensation for any damage (if any) done to the land identified in schedule 1 as held in fee simple by the company by reason of the exercise of any power conferred by this section or section 9 or 11 .\n- (a) enter upon any land identified in schedule 1 as held in fee simple by the company for the purpose of making any inspection, valuation, survey or taking levels;\n- (b) affix or set up thereon trigonometrical stations, survey pegs, marks, or poles, and from time to time alter, remove, inspect, reinstate and repair the same;\n- (c) dig and bore into the land so as to ascertain the nature of the soil, and set out the lines of any works thereon;\n- (d) do all things necessary for the purposes aforesaid.\n- (a) re-enter from time to time;\n- (b) remain upon that land for such time as is necessary to achieve the purpose of the entry;\n- (c) take such assistants, vehicles, materials, equipment or things as are necessary to achieve the purpose of the entry.\n- (a) without due authority, destroys, mutilates, defaces, takes away, or alters the position of any trigonometrical station, survey peg, mark, or pole fixed or set up by any person under the authority of this section; or\n- (b) wilfully obstructs or attempts to obstruct any person acting under the authority of this section;","sortOrder":11},{"sectionNumber":"sec.11","sectionType":"section","heading":"Temporary occupation of land","content":"### sec.11 Temporary occupation of land\n\nThe Livingstone Shire Council or any councillor, officer, employee, contractor, agent or person authorised thereby may, for the purposes of section 9 , temporarily occupy and use any land identified in schedule 1 as held in fee simple by the company for the purpose of constructing, maintaining or repairing any works referred to in section 9 , and may—\ntake therefrom stone, gravel, sand, earth, and other material;\ndeposit thereon any material;\nform and use temporary roads thereon;\nmanufacture bricks or other materials thereon;\nerect workshops, sheds, and other buildings of a temporary nature thereon.\nThe Livingstone Shire Council or any councillor, officer, employee, contractor, agent or person authorised thereby or the person having the charge of the works shall, before occupying or using any land under subsection (1) , and except in the case of accident requiring immediate repair, give to the company not less than 7 days notice in writing, and shall state in such notice the use proposed to be made of the land and an approximate period during which such use is expected to continue.\n(sec.11-ssec.1) The Livingstone Shire Council or any councillor, officer, employee, contractor, agent or person authorised thereby may, for the purposes of section 9 , temporarily occupy and use any land identified in schedule 1 as held in fee simple by the company for the purpose of constructing, maintaining or repairing any works referred to in section 9 , and may— take therefrom stone, gravel, sand, earth, and other material; deposit thereon any material; form and use temporary roads thereon; manufacture bricks or other materials thereon; erect workshops, sheds, and other buildings of a temporary nature thereon.\n(sec.11-ssec.2) The Livingstone Shire Council or any councillor, officer, employee, contractor, agent or person authorised thereby or the person having the charge of the works shall, before occupying or using any land under subsection (1) , and except in the case of accident requiring immediate repair, give to the company not less than 7 days notice in writing, and shall state in such notice the use proposed to be made of the land and an approximate period during which such use is expected to continue.\n- (a) take therefrom stone, gravel, sand, earth, and other material;\n- (b) deposit thereon any material;\n- (c) form and use temporary roads thereon;\n- (d) manufacture bricks or other materials thereon;\n- (e) erect workshops, sheds, and other buildings of a temporary nature thereon.","sortOrder":12},{"sectionNumber":"pt.4","sectionType":"part","heading":"Environmental parks","content":"# Environmental parks","sortOrder":13},{"sectionNumber":"sec.12","sectionType":"section","heading":"Termination of special leases","content":"### sec.12 Termination of special leases\n\nSpecial leases 43968 and 43969 granted to the company under the provisions of the Land Act 1962 are hereby terminated and the land subject to those special leases shall be Crown land for the purposes of the Land Act 1962 and all improvements on such land including any building, structure, road construction or other construction shall be deemed to be the property of the Crown.\nNo action or claim, whether for damages or compensation for loss or injury or otherwise, shall be brought in any court of law against the State or any person or body in relation to the termination of the special leases or the vesting of any improvements on the land, the subject of those leases, in the Crown in accordance with this section.\n(sec.12-ssec.1) Special leases 43968 and 43969 granted to the company under the provisions of the Land Act 1962 are hereby terminated and the land subject to those special leases shall be Crown land for the purposes of the Land Act 1962 and all improvements on such land including any building, structure, road construction or other construction shall be deemed to be the property of the Crown.\n(sec.12-ssec.2) No action or claim, whether for damages or compensation for loss or injury or otherwise, shall be brought in any court of law against the State or any person or body in relation to the termination of the special leases or the vesting of any improvements on the land, the subject of those leases, in the Crown in accordance with this section.","sortOrder":14},{"sectionNumber":"sec.13","sectionType":"section","heading":"Termination of esplanade","content":"### sec.13 Termination of esplanade\n\nAll that land shown as esplanade adjacent to lot 16 parish of Woodlands county of Palmerston on surveyed plan catalogue No. Ps 139 hereby ceases to be a road for the purposes of the Land Act 1962 and shall be deemed to be Crown land.","sortOrder":15},{"sectionNumber":"sec.14","sectionType":"section","heading":"Creation of environmental park","content":"### sec.14 Creation of environmental park\n\nThe following land, identified in schedule 4 , is reserved as an environmental park under and for the purposes of the Land Act 1962 —\nlot 16 parish of Woodlands county of Palmerston on surveyed plan catalogue No. Ps 139 together with the land deemed Crown land under section 13 ;\nlot 17 parish of Woodlands county of Palmerston on surveyed plan catalogue No. Ps 139.\nUpon reservation as environmental parks under subsection (1) , the Director of National Parks shall become the trustee of the environmental parks and shall have and may exercise all powers and responsibilities as a trustee of an environmental park under and for the purposes of the Land Act 1962 .\nThe reservation as environmental parks under this section shall not subject the company to any liability under the Land Act 1962 in respect of any action done or omitted to be done in relation to the land comprising such environmental parks prior to the commencement of this Act.\n(sec.14-ssec.1) The following land, identified in schedule 4 , is reserved as an environmental park under and for the purposes of the Land Act 1962 — lot 16 parish of Woodlands county of Palmerston on surveyed plan catalogue No. Ps 139 together with the land deemed Crown land under section 13 ; lot 17 parish of Woodlands county of Palmerston on surveyed plan catalogue No. Ps 139.\n(sec.14-ssec.2) Upon reservation as environmental parks under subsection (1) , the Director of National Parks shall become the trustee of the environmental parks and shall have and may exercise all powers and responsibilities as a trustee of an environmental park under and for the purposes of the Land Act 1962 .\n(sec.14-ssec.3) The reservation as environmental parks under this section shall not subject the company to any liability under the Land Act 1962 in respect of any action done or omitted to be done in relation to the land comprising such environmental parks prior to the commencement of this Act.\n- (a) lot 16 parish of Woodlands county of Palmerston on surveyed plan catalogue No. Ps 139 together with the land deemed Crown land under section 13 ;\n- (b) lot 17 parish of Woodlands county of Palmerston on surveyed plan catalogue No. Ps 139.","sortOrder":16},{"sectionNumber":"sec.15","sectionType":"section","heading":"Access to environmental park","content":"### sec.15 Access to environmental park\n\nNotwithstanding any Act or law to the contrary, the company shall allow and permit the Director of National Parks, his or her agents and employees and any contractor to the director, his or her agents or employees, free and unimpeded access, together with such machinery, vehicles or goods as the director authorises, to the land comprising an environmental park in accordance with section 14 by means of roads which may have been or may be constructed on land owned by the company, whether or not the roads are or have been dedicated for the use of the public.\nAny person who interferes with the exercise of the rights set out in subsection (1) commits an offence against this Act.\nMaximum penalty—\nin the case of an individual—100 penalty units; or\nin the case of a corporation—500 penalty units for each day the offence continues.\n(sec.15-ssec.1) Notwithstanding any Act or law to the contrary, the company shall allow and permit the Director of National Parks, his or her agents and employees and any contractor to the director, his or her agents or employees, free and unimpeded access, together with such machinery, vehicles or goods as the director authorises, to the land comprising an environmental park in accordance with section 14 by means of roads which may have been or may be constructed on land owned by the company, whether or not the roads are or have been dedicated for the use of the public.\n(sec.15-ssec.2) Any person who interferes with the exercise of the rights set out in subsection (1) commits an offence against this Act. Maximum penalty— in the case of an individual—100 penalty units; or in the case of a corporation—500 penalty units for each day the offence continues.\n- (a) in the case of an individual—100 penalty units; or\n- (b) in the case of a corporation—500 penalty units for each day the offence continues.","sortOrder":17},{"sectionNumber":"pt.5","sectionType":"part","heading":"Supply of water","content":"# Supply of water","sortOrder":18},{"sectionNumber":"sec.16","sectionType":"section","heading":"Operation of wells","content":"### sec.16 Operation of wells\n\nThe company shall supply to the commissioner, at an address nominated by the commissioner, the following information—\nthe quantity of water obtained from any well, spring or dam situated in or on the land identified in schedule 1 as held in fee simple by the company;\nthe level of water existing in any well, spring or dam situated in or on the land so identified in schedule 1 for the purpose of monitoring aquifer performance;\na chemical and microbiological analysis of the water from any well, spring or dam situated in or on the land so identified in schedule 1 .\nThe information required by subsection (1) shall be supplied by the company at such intervals and within such periods as may be specified in writing to the company by the commissioner.\nShould the company fail to comply with the requirements of subsections (1) and (2) the commissioner is hereby authorised to take all necessary action to obtain such information.\nAll costs and expenses incurred and certified by the commissioner to have been incurred in obtaining such information shall be a debt due and owing by the company to the commissioner and may be registered as a debt in any court in Queensland and recovered in any manner prescribed for the recovery of debts in that court.\nFor the purposes of this section the commissioner and any officer, employee, contractor or agent is hereby authorised to enter and re-enter any land so identified in schedule 1 and do all such things as are necessary to fulfil the purposes of this section.\n(sec.16-ssec.1) The company shall supply to the commissioner, at an address nominated by the commissioner, the following information— the quantity of water obtained from any well, spring or dam situated in or on the land identified in schedule 1 as held in fee simple by the company; the level of water existing in any well, spring or dam situated in or on the land so identified in schedule 1 for the purpose of monitoring aquifer performance; a chemical and microbiological analysis of the water from any well, spring or dam situated in or on the land so identified in schedule 1 .\n(sec.16-ssec.2) The information required by subsection (1) shall be supplied by the company at such intervals and within such periods as may be specified in writing to the company by the commissioner.\n(sec.16-ssec.3) Should the company fail to comply with the requirements of subsections (1) and (2) the commissioner is hereby authorised to take all necessary action to obtain such information.\n(sec.16-ssec.4) All costs and expenses incurred and certified by the commissioner to have been incurred in obtaining such information shall be a debt due and owing by the company to the commissioner and may be registered as a debt in any court in Queensland and recovered in any manner prescribed for the recovery of debts in that court.\n(sec.16-ssec.5) For the purposes of this section the commissioner and any officer, employee, contractor or agent is hereby authorised to enter and re-enter any land so identified in schedule 1 and do all such things as are necessary to fulfil the purposes of this section.\n- (a) the quantity of water obtained from any well, spring or dam situated in or on the land identified in schedule 1 as held in fee simple by the company;\n- (b) the level of water existing in any well, spring or dam situated in or on the land so identified in schedule 1 for the purpose of monitoring aquifer performance;\n- (c) a chemical and microbiological analysis of the water from any well, spring or dam situated in or on the land so identified in schedule 1 .","sortOrder":19},{"sectionNumber":"sec.17","sectionType":"section","heading":"Duty to supply water","content":"### sec.17 Duty to supply water\n\nIf, in the opinion of the commissioner, any action by the company in, on, over or under the land identified in schedule 1 as held in fee simple by the company causes a reduction—\nin the supply of groundwater to the owner of any existing well, spring or dam situated on land outside the land identified in schedule 1 as held in fee simple by the company; or\nin the quality of the water in the well, spring or dam described in paragraph (a) ;\nthe company shall, at its expense and within such time as the commissioner may specify, provide the owner with a supply of water no less in quantity, discharge rate and quality than the supply of water which would, in the commissioner’s opinion, have been available if the action by the company had not occurred.\nMaximum penalty—500 penalty units for each day the offence continues.\n- (a) in the supply of groundwater to the owner of any existing well, spring or dam situated on land outside the land identified in schedule 1 as held in fee simple by the company; or\n- (b) in the quality of the water in the well, spring or dam described in paragraph (a) ;","sortOrder":20},{"sectionNumber":"pt.6","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":21},{"sectionNumber":"sec.18","sectionType":"section","heading":"Operation of Acts","content":"### sec.18 Operation of Acts\n\nIt is hereby expressly declared that as from the commencement of this section the following Acts shall apply to the land identified in schedule 1 as held in fee simple by the company—\nBeach Protection Act 1968\nCanals Act 1958\nCoal Mining Safety and Health Act 1999\nLocal Government Act 1993\nMining Act 1968\nPetroleum Act 1923\nPetroleum and Gas (Production and Safety) Act 2004\nWater Resources Act 1989 .\ns 18 amd 1999 No. 39 s 299 sch 1 ; 2004 No. 25 s 975\n- • Beach Protection Act 1968\n- • Canals Act 1958\n- • Coal Mining Safety and Health Act 1999\n- • Local Government Act 1993\n- • Mining Act 1968\n- • Petroleum Act 1923\n- • Petroleum and Gas (Production and Safety) Act 2004\n- • Water Resources Act 1989 .","sortOrder":22},{"sectionNumber":"sec.19","sectionType":"section","heading":"Offences generally","content":"### sec.19 Offences generally\n\nAny person who contravenes or fails to comply with any provision of this Act commits an offence against this Act, and, except where a specific penalty is otherwise provided for that offence, is liable to a penalty of 200 penalty units.\nWithout derogation from any other provision of this Act any person who, after being convicted of an offence against this Act, continues in the contravention or failure to comply for which the person has been so convicted commits an offence which shall be deemed to be a continuing offence and, except where a specific penalty is prescribed, shall be liable to a penalty of 50 penalty units for each day during which such offence continues.\nAll offences against this Act may be prosecuted in a summary way under the Justices Act 1886 .\nProceedings for an offence against this Act shall be instituted by a person authorised in writing by the Minister to institute the proceedings in a particular case.\n(sec.19-ssec.1) Any person who contravenes or fails to comply with any provision of this Act commits an offence against this Act, and, except where a specific penalty is otherwise provided for that offence, is liable to a penalty of 200 penalty units.\n(sec.19-ssec.2) Without derogation from any other provision of this Act any person who, after being convicted of an offence against this Act, continues in the contravention or failure to comply for which the person has been so convicted commits an offence which shall be deemed to be a continuing offence and, except where a specific penalty is prescribed, shall be liable to a penalty of 50 penalty units for each day during which such offence continues.\n(sec.19-ssec.3) All offences against this Act may be prosecuted in a summary way under the Justices Act 1886 .\n(sec.19-ssec.4) Proceedings for an offence against this Act shall be instituted by a person authorised in writing by the Minister to institute the proceedings in a particular case.","sortOrder":23},{"sectionNumber":"sec.20","sectionType":"section","heading":"Evidentiary aids","content":"### sec.20 Evidentiary aids\n\nIn any proceedings under or for the purposes of this Act—\nit shall not be necessary to prove—\nthe signature of the Minister;\nthe authority of any person to commence the proceedings;\nany allegation or averment in any complaint that—\nany place is within or without the land specified in schedules 1 to 4 ;\nany use of any land, building or structure is or is not authorised under this Act;\nshall be prima facie evidence of the fact thereby alleged or averred and, in the absence of evidence to the contrary, shall be conclusive evidence of that fact.\n- (a) it shall not be necessary to prove— (i) the signature of the Minister; (ii) the authority of any person to commence the proceedings;\n- (i) the signature of the Minister;\n- (ii) the authority of any person to commence the proceedings;\n- (b) any allegation or averment in any complaint that— (i) any place is within or without the land specified in schedules 1 to 4 ; (ii) any use of any land, building or structure is or is not authorised under this Act; shall be prima facie evidence of the fact thereby alleged or averred and, in the absence of evidence to the contrary, shall be conclusive evidence of that fact.\n- (i) any place is within or without the land specified in schedules 1 to 4 ;\n- (ii) any use of any land, building or structure is or is not authorised under this Act;\n- (i) the signature of the Minister;\n- (ii) the authority of any person to commence the proceedings;\n- (i) any place is within or without the land specified in schedules 1 to 4 ;\n- (ii) any use of any land, building or structure is or is not authorised under this Act;","sortOrder":24},{"sectionNumber":"sec.21","sectionType":"section","heading":"Regulations","content":"### sec.21 Regulations\n\nThe Governor in Council may, from time to time, make regulations not inconsistent with this Act providing for all or any purposes whether general or to more particular cases that may be convenient for the administration of this Act or that may be necessary or expedient to carry out the objects and purposes of this Act.","sortOrder":25},{"sectionNumber":"sec.22","sectionType":"section","heading":"Orders in council","content":"### sec.22 Orders in council\n\nThe Governor in Council may from time to time make all such orders in council as the Governor in Council thinks fit for the further or more effectually or particularly carrying out the objects and purposes of this Act and for curing irregularities.\nThe Acts Interpretation Act 1954 , section 28A shall apply with respect to orders in council made under this section and, for the purposes of such application that section shall be read and construed as if references to regulations were references to orders in council made under this section.\n(sec.22-ssec.1) The Governor in Council may from time to time make all such orders in council as the Governor in Council thinks fit for the further or more effectually or particularly carrying out the objects and purposes of this Act and for curing irregularities.\n(sec.22-ssec.2) The Acts Interpretation Act 1954 , section 28A shall apply with respect to orders in council made under this section and, for the purposes of such application that section shall be read and construed as if references to regulations were references to orders in council made under this section.","sortOrder":26}],"analysis":{"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"},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Despite being titled a 'Repeal Act', this legislation goes far beyond simply repealing the 1978 Queensland International Tourist Centre Agreement Act. It creates an extensive new legal framework including: mandatory road construction obligations, environmental park reservations, ongoing water monitoring duties, access rights for the Director of National Parks, land dealing restrictions, debt recovery mechanisms, criminal offences, and enforcement powers. The original Act authorised a development agreement; this Act winds up that agreement but simultaneously imposes a new, detailed regulatory regime over the company and its land — a substantially broader scope than a straightforward repeal."},"complexity_factors":["Involves multiple interacting statutes (Land Act 1962, Land Title Act 1994, Water Resources Act, National Parks and Wildlife Act, Local Government Act, Property Law Act and others) that must be read together","Highly specific land dealings with precise legal parcel identifiers (parish/county/plan references) requiring specialist knowledge to interpret","Complex cascading obligations: primary obligations on the company trigger contingent powers in the Council, which in turn activate debt recovery and land charge mechanisms","Multiple layers of amendment over time (1990, 1999, 2001, 2003, 2004, 2023) meaning the current text differs materially from the original Act","Blends public law (Crown land, environmental parks, water resources) with private law (property dealings, debt recovery, fee simple ownership)","Ouster clauses (no compensation claims permitted) and evidentiary aids provisions that override normal legal rules","Ongoing operational provisions despite being nominally a 'repeal' act — the Act creates new long-term obligations rather than simply winding things up","Multiple enforcement regimes with varying penalty structures depending on offender type (individual vs corporation) and offence category"],"plain_english_summary":"## What This Act Does\n\nThis Queensland law from 1989 **ended a major development agreement** between the Queensland Government and a Japanese company, **Iwasaki Sangyo Co. (Aust.) Pty. Ltd.**, that had been operating under the *Queensland International Tourist Centre Agreement Act 1978*. Rather than simply cancelling that agreement and walking away, this Act sets out a detailed set of ongoing obligations and land arrangements that replaced it.\n\n## Who Is Affected?\n\n- **Iwasaki Sangyo Co. (Aust.) Pty. Ltd.** — the Japanese-owned company that held land near Yeppoon on the Capricorn Coast, Queensland. They bear most of the obligations.\n- **Livingstone Shire Council** — the local council with oversight and enforcement powers.\n- **Director of National Parks** — gains trusteeship of new environmental parks created by this Act.\n- **Neighbouring landowners** — protected from water supply interference by the company.\n- **The general public** — gains access to new environmental parks and a new public road.\n\n## Key Things This Act Does\n\n### 🛣️ Road Construction\nThe company was required to **survey (within 3 months) and build (within 12 months) a new road** at its own expense, connecting the Yeppoon-Byfield road to a public fishing reserve (Landing Reserve R11). Once the new road was certified complete, an old dedicated road would be permanently closed and the company could keep that old road land. Until this was done, the company **could not sell or deal with** certain land it owned. If the company failed to build the road, the Livingstone Shire Council could do it and **bill the company**, with that debt acting as a legal charge (a kind of mortgage) on the company's land.\n\n### 🌿 Environmental Parks\nTwo special leases the company held were **cancelled**, and that land — along with some additional Crown land (government-owned land) — was **converted into environmental parks** under the trusteeship of the Director of National Parks. The company cannot sue for compensation over this. The company must also allow the Director of National Parks **free access** through its private roads to reach the parks. Blocking this access is a criminal offence with heavy fines (up to 500 penalty units per day for corporations).\n\n### 💧 Water Monitoring and Protection\nThe company must **regularly report water usage data** (quantity, water levels, and water quality from wells, springs and dams on its land) to the Water Resources Commissioner. If the company's activities reduce the water supply or quality for **neighbouring landowners**, the company must fix the problem at its own expense. Failing to do so is a serious criminal offence.\n\n### ⚖️ Normal Laws Now Apply\nThe Act expressly states that the company's land is now subject to **normal Queensland laws** it may previously have been exempt from — including local government, mining, petroleum, water resources, beach protection and canal legislation.\n\n### 🔍 Enforcement\nBreaching the Act is a criminal offence. Continuing breaches attract daily fines. Prosecutions require written Ministerial authorisation and are handled in the Magistrates Court (summary proceedings)."},"issue_detection":{"absurdities":[{"type":"impossible_compliance","section":"sec.3 (definition of 'Minister')","severity":"high","reasoning":"Section 19(4) mandates that proceedings for an offence must be instituted by a person authorised in writing by 'the Minister', but the definition of Minister was omitted from the Act on 24 November 1990. There is no operative definition identifying who this Minister is, making authorisation of prosecutions legally uncertain and potentially impossible to satisfy strictly.","confidence":0.82,"description":"The definition of 'Minister' was substituted in 1990 and then omitted by the Reprints Act on 24 November 1990 — meaning the Act contains a prosecution mechanism in sec.19(4) requiring written authorisation by 'the Minister' but the Minister is not defined anywhere in the Act."},{"type":"circular_definition","section":"sec.10(ssec.3) and sec.10(ssec.3A)","severity":"low","reasoning":"The phrase 'save to the extent it is otherwise prescribed by this subsection' in sec.10(3) refers back to the same subsection for exceptions that do not exist within it. The actual exception (inspection/valuation) is in subsection 3A. The self-referential language creates a circular and vacuous savings clause.","confidence":0.75,"description":"Section 10(3) states that notice requirements are prescribed 'save to the extent it is otherwise prescribed by this subsection', yet the subsection itself does not prescribe any exceptions — the only exception appears in subsection 3A. The self-referential savings clause in subsection (3) is internally meaningless."},{"type":"self_contradicting","section":"sec.20","severity":"medium","reasoning":"Prima facie evidence means evidence sufficient to establish a fact unless rebutted — it carries a presumption of rebuttability. Conclusive evidence is irrebuttable. Describing the same averment as both undermines the distinction and potentially removes the evidential burden from the prosecution entirely, which may conflict with fair trial principles and the ordinary operation of the Justices Act 1886.","confidence":0.8,"description":"Section 20(b) provides that allegations or averments shall be simultaneously 'prima facie evidence' and, in the absence of contrary evidence, 'conclusive evidence' of the same facts. This creates a logical contradiction: prima facie evidence is by definition rebuttable, yet the section also deems it conclusive (i.e. irrebuttable) in the absence of contrary evidence — effectively making it conclusive evidence from the outset in any case where the defendant cannot adduce contrary evidence."},{"type":"impossible_compliance","section":"sec.19(ssec.4)","severity":"high","reasoning":"The combination of sec.19(4) (requiring ministerial authorisation) and the omission of the 'Minister' definition from sec.3 means the gateway condition for all prosecutions references a legally undefined person. While contextual interpretation may resolve this, on the face of the Act the prosecutorial mechanism is broken.","confidence":0.78,"description":"Proceedings for offences must be authorised in writing by 'the Minister' in each particular case, but the definition of Minister has been omitted from the Act (see sec.3). This creates an impossible compliance condition — no valid authorisation can be given by an undefined office-holder, potentially nullifying all prosecutions under the Act."},{"type":"impossible_compliance","section":"sec.7(ssec.1) and sec.7(ssec.2)","severity":"medium","reasoning":"Sec.7(1) requires the company to obtain the Livingstone Shire Council's agreement before surveying the route. Sec.7(2) requires construction within 12 months of commencement along the route determined under sec.7(1). If the Council does not agree to a route within or near 3 months, the 12-month construction deadline becomes practically impossible to meet, yet the Act provides no extension mechanism and no consequence for Council delay.","confidence":0.72,"description":"The road survey must be completed within 3 months of commencement, and the road must be constructed within 12 months of commencement — not 12 months after the survey. Given that the survey route must be agreed with Livingstone Shire Council before construction can begin, if the Council withholds or delays agreement on the survey route, the company could face an impossible compliance situation: legally obliged to construct a road whose route has not been determined."},{"type":"impossible_compliance","section":"sec.9(ssec.4)","severity":"medium","reasoning":"The sequencing in sec.9 creates an ambiguous chicken-and-egg situation: the old road is only permanently closed upon completion AND payment (sec.9(4)), but the charge on the land (sec.9(3)) restricts dealings until the debt certificate is received. There is no mechanism compelling or incentivising payment separately from road completion, nor is there a dispute resolution process if the company contests the certified costs.","confidence":0.65,"description":"Section 9(4) provides that upon completion of the road by the Livingstone Shire Council AND payment by the company of costs, the old road is permanently closed and the new road becomes Crown land. However, sec.9(3) prevents any dealing with the company's land until the debt is discharged. This creates a potential deadlock: the land cannot be dealt with until the debt is paid, but there is no mechanism to compel payment before the road closure/dedication occurs, and the road closure is contingent on payment."},{"type":"other","section":"sec.10(ssec.6)","severity":"medium","reasoning":"Blanket exclusion of compensation for permanent resource extraction (stone, gravel, earth, sand under sec.11(1)(a)) from privately-held freehold land is highly unusual and potentially constitutes an acquisition of property without just terms, though this is less constitutionally problematic at State level in Queensland. As a matter of internal logic, the Act simultaneously recognises the company's freehold title while permitting its physical diminution without any remedy.","confidence":0.7,"description":"Section 10(6) provides that the Livingstone Shire Council and its agents shall not be liable for ANY compensation for damage done to the company's land during the exercise of powers under sections 9, 10, or 11. Section 11 expressly permits taking stone, gravel, sand, earth and other materials from the land, erecting structures, and forming roads — these are permanent or consumptive acts, yet compensation is entirely excluded."},{"type":"other","section":"sec.3 (definition of 'well') and sec.16","severity":"low","reasoning":"The Act compels disclosure of unlicensed well activity without granting any immunity or protection from prosecution under the Water Resources Act 1989. This creates a situation where compliance with sec.16 could amount to self-incrimination for breaches of the Water Resources Act 1989, creating a tension between the duty to report and the right not to self-incriminate.","confidence":0.6,"description":"The definition of 'well' includes wells 'whether licensed under the Water Resources Act 1989 or not', yet sec.16 requires the company to report on water usage from such wells to the Commissioner of Water Resources. The reporting obligation applies equally to unlicensed wells, effectively requiring the company to self-report on potentially unlicensed activities without any immunity from prosecution under the Water Resources Act 1989 for those unlicensed activities."}],"contradictions":[{"severity":"medium","section_a":"sec.8","section_b":"sec.9(ssec.3)","confidence":0.75,"description":"Section 8 restricts dealings with schedule 1 land until the road is surveyed, constructed and dedicated (whether by the company or the Council). Section 9(3) imposes a separate and additional restriction — no dealings until the debt to the Council is discharged. These two provisions impose dealing restrictions with different trigger conditions for removal, but sec.8 does not acknowledge the additional restriction in sec.9(3), creating uncertainty about when dealings can lawfully resume."},{"severity":"low","section_a":"sec.7(ssec.3)","section_b":"sec.9(ssec.4)","confidence":0.68,"description":"Both sections purport to effect the permanent closure of the dedicated road to Landing Reserve R11 and the dedication of the new road as Crown land, but under different conditions. Sec.7(3) triggers closure upon certification of road completion by the Council (company-built road). Sec.9(4) triggers closure upon completion by the Council AND payment by the company of costs. The conditions for the same legal outcome (road closure and dedication) differ materially depending on which pathway is taken, without express reconciliation."},{"severity":"low","section_a":"sec.15(ssec.1)","section_b":"sec.8","confidence":0.55,"description":"Section 15(1) requires the company to allow free and unimpeded access to the environmental park via roads on the company's land, whether or not dedicated for public use. Section 8 prohibits any 'dealing' with the schedule 1 land until the road obligations are met. If the access roads required under sec.15 are on schedule 1 land and granting access rights constitutes a 'dealing' under the Land Title Act 1994 or Property Law Act 2023, there is a direct conflict between the obligation to grant access and the prohibition on dealings."},{"severity":"low","section_a":"sec.19(ssec.1)","section_b":"sec.19(ssec.2)","confidence":0.6,"description":"Section 19(1) imposes a penalty of 200 penalty units for any contravention. Section 19(2) imposes 50 penalty units per day for continuing offences after conviction. For a continuing offence that persists for more than 4 days post-conviction, the continuing daily penalty (50 units/day) could cumulatively exceed the original 200-unit penalty, but sec.19(2) states it applies 'except where a specific penalty is prescribed' — creating uncertainty about whether the 200-unit penalty in sec.19(1) is 'specific' enough to displace sec.19(2) for offences that already attracted sec.19(1)."},{"severity":"low","section_a":"sec.3 (definition of 'Livingstone Shire Council')","section_b":"sec.18","confidence":0.65,"description":"Section 3 defines Livingstone Shire Council by reference to the Local Government Act 1936. Section 18 expressly applies the Local Government Act 1993 (a successor Act) to the schedule 1 land. The definition of the Council relies on the 1936 Act while the operative provisions apply the 1993 Act, creating a potential inconsistency in which version of local government law governs the Council's powers and constitution for the purposes of this Act."}]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: unwinding the 1978 Iwasaki Agreement. While it has been amended over time (notably in 1990, 1999, 2001, 2003, 2004, and 2023) to update references to other Acts and remove spent provisions, these are maintenance amendments. The core scope—road construction obligations, environmental park creation, and water monitoring—has not expanded beyond the original geographic area and parties involved."},"complexity_factors":["Multiple defined terms (9 definitions in section 3) including cross-references to other Acts (Water Resources Administration Act 1978, National Parks and Wildlife Act 1975, etc.)","Nested conditional logic in sections 7-9: primary obligation on company, fallback powers for council, debt registration mechanisms, and land title charges","Specific land references using historical cadastral descriptions (parish of Woodlands, county of Palmerston, plan catalogue numbers) requiring local knowledge to interpret","Amendment history visible in text (sections marked 'om' for omitted, 'amd' for amended, 'sub' for substituted) indicating evolutionary complexity though current text is relatively clean","Cross-references to schedules not provided in the extract (schedules 1-4 referenced but not included)","Dual enforcement mechanisms: criminal penalties (penalty units) and civil remedies (debt registration, charges on land)"],"plain_english_summary":"This Queensland law from 1989 unwinds a controversial 1978 deal between the State and a Japanese company called Iwasaki Sangyo Co. (Aust.) Pty. Ltd. The original 1978 Act had authorised a massive tourism development near Yeppoon (the 'Iwasaki Resort' or 'Capricorn Resort'). This 1989 Repeal Act tears up that agreement and imposes new obligations on the company to fix infrastructure and environmental problems.\n\n**What it does:**\n\n*   **Road construction:** Forces the company to build a public road connecting the Yeppoon-Byfield road to Fishing Creek within 12 months. If they don't, the local council (Livingstone Shire) can build it instead and bill the company, placing a debt charge on the company's land until paid.\n*   **Land swap:** When the road is built, the company gets full ownership (fee simple) of an existing dedicated road, while the new road becomes public Crown land.\n*   **Environmental protection:** Terminates two special leases the company held and converts that land plus adjacent esplanade into an environmental park managed by the Director of National Parks. The company can't sue for compensation for losing these leases.\n*   **Water monitoring:** Requires the company to report water usage and quality from its wells to the Commissioner of Water Resources. If the company's activities damage neighbouring water supplies, they must fix it or face heavy fines (up to 500 penalty units per day).\n*   **Brings back normal laws:** Makes the company's land subject to standard Queensland laws again—things like mining safety, local government planning, beach protection, and water resources laws that had been exempted under the original 1978 deal.\n\n**Who it affects:**\n\n*   **Iwasaki Sangyo Co. (Aust.) Pty. Ltd.:** The Japanese company that must build the road, lose some land to the environmental park, and comply with water monitoring.\n*   **Livingstone Shire Council:** The local council that oversees the road construction and can step in if the company fails.\n*   **The State/Director of National Parks:** Gains control of the environmental park and access rights across company land.\n*   **Neighbouring landowners:** Protected if the company's water use affects their supplies.\n\n**Why it matters:**\nThis was a political fix for a troubled development. The original 1978 Act gave the company extraordinary powers and exemptions. By 1989, the deal had soured. Rather than just cancelling everything, this Act forces the company to clean up its obligations—building infrastructure and protecting the environment—before walking away. It's a classic example of Queensland unwinding a 'white elephant' development deal from the Bjelke-Petersen era."}},"importantCases":[],"_links":{"self":"/api/acts/queensland-international-tourist-centre-agreement-act-repeal-act-1989","history":"/api/acts/queensland-international-tourist-centre-agreement-act-repeal-act-1989/history","analysis":"/api/acts/queensland-international-tourist-centre-agreement-act-repeal-act-1989/analysis","conflicts":"/api/acts/queensland-international-tourist-centre-agreement-act-repeal-act-1989/conflicts","importantCases":"/api/acts/queensland-international-tourist-centre-agreement-act-repeal-act-1989/important-cases","documents":"/api/acts/queensland-international-tourist-centre-agreement-act-repeal-act-1989/documents"}}