{"id":"qld:sl-2023-0089","name":"River Improvement Trust Regulation 2023","slug":"river-improvement-trust-regulation-2023","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"89 of 2023","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173741,"registerId":"qld-sl-2023-0089-current","compilationNumber":null,"startDate":"2026-04-05","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 regulation may be cited as the River Improvement Trust Regulation 2023 .","sortOrder":1},{"sectionNumber":"pt.2","sectionType":"part","heading":"River improvement areas and trusts","content":"# River improvement areas and trusts","sortOrder":2},{"sectionNumber":"sec.2","sectionType":"section","heading":"River improvement areas continued in existence— Act , s 3","content":"### sec.2 River improvement areas continued in existence— Act , s 3\n\nFor section 3 (1) of the Act , each river improvement area mentioned in schedule 1 , column 1 is continued in existence.\nFor section 3 (2) of the Act , each river improvement area mentioned in schedule 1 , column 1 continues to be made up of the local government area or part of a local government area mentioned in schedule 1 , column 3 opposite the river improvement area.\nEach plan mentioned in schedule 1 , column 3 is held by the department and may be inspected free of charge, during normal business hours, at the department’s head office or at the office of the trust for the river improvement area.\nHowever, the Burdekin Shire Rivers Improvement Area and the local government area of Burdekin are mentioned in schedule 1 , columns 1 and 3 for information purposes only.\nThe Burdekin Shire Rivers Improvement Area was constituted by order in council published in the gazette on 8 February 1941 at page 338. It was continued in existence by section 3 (1) of the Act as in force before its amendment by the Water Reform and Other Legislation Amendment Act 2014 .\n(sec.2-ssec.1) For section 3 (1) of the Act , each river improvement area mentioned in schedule 1 , column 1 is continued in existence.\n(sec.2-ssec.2) For section 3 (2) of the Act , each river improvement area mentioned in schedule 1 , column 1 continues to be made up of the local government area or part of a local government area mentioned in schedule 1 , column 3 opposite the river improvement area. Each plan mentioned in schedule 1 , column 3 is held by the department and may be inspected free of charge, during normal business hours, at the department’s head office or at the office of the trust for the river improvement area.\n(sec.2-ssec.3) However, the Burdekin Shire Rivers Improvement Area and the local government area of Burdekin are mentioned in schedule 1 , columns 1 and 3 for information purposes only. The Burdekin Shire Rivers Improvement Area was constituted by order in council published in the gazette on 8 February 1941 at page 338. It was continued in existence by section 3 (1) of the Act as in force before its amendment by the Water Reform and Other Legislation Amendment Act 2014 .","sortOrder":3},{"sectionNumber":"sec.3","sectionType":"section","heading":"Trusts continued in existence— Act , s 4","content":"### sec.3 Trusts continued in existence— Act , s 4\n\nFor section 4 (1) of the Act , each trust mentioned in schedule 1 , column 2 is continued in existence as the trust for the river improvement area mentioned in schedule 1 , column 1 opposite the trust.\nHowever, the Burdekin Shire Rivers Improvement Trust is mentioned in schedule 1 , column 2 for information purposes only.\nThe Burdekin Shire Rivers Improvement Trust was constituted by order in council published in the gazette on 12 April 1941 at page 1252. It was continued in existence by section 4 (1) of the Act as in force before its amendment by the Water Reform and Other Legislation Amendment Act 2014 .\n(sec.3-ssec.1) For section 4 (1) of the Act , each trust mentioned in schedule 1 , column 2 is continued in existence as the trust for the river improvement area mentioned in schedule 1 , column 1 opposite the trust.\n(sec.3-ssec.2) However, the Burdekin Shire Rivers Improvement Trust is mentioned in schedule 1 , column 2 for information purposes only. The Burdekin Shire Rivers Improvement Trust was constituted by order in council published in the gazette on 12 April 1941 at page 1252. It was continued in existence by section 4 (1) of the Act as in force before its amendment by the Water Reform and Other Legislation Amendment Act 2014 .","sortOrder":4},{"sectionNumber":"pt.3","sectionType":"part","heading":"Improvement notices","content":"# Improvement notices","sortOrder":5},{"sectionNumber":"sec.4","sectionType":"section","heading":"Numbering of improvement notices","content":"### sec.4 Numbering of improvement notices\n\nA trust must give each improvement notice a unique identifying number.","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"Register of improvement notices","content":"### sec.5 Register of improvement notices\n\nA trust must keep a register of all improvement notices it gives.\nThe register must include for each improvement notice given—\na copy of the notice; and\nany of the following that are not stated in the copy of the notice—\nthe name and address of the person to whom the notice is given;\nthe date the notice is given.\nThe trust must make the register available for inspection free of charge, during normal business hours, at its office.\n(sec.5-ssec.1) A trust must keep a register of all improvement notices it gives.\n(sec.5-ssec.2) The register must include for each improvement notice given— a copy of the notice; and any of the following that are not stated in the copy of the notice— the name and address of the person to whom the notice is given; the date the notice is given.\n(sec.5-ssec.3) The trust must make the register available for inspection free of charge, during normal business hours, at its office.\n- (a) a copy of the notice; and\n- (b) any of the following that are not stated in the copy of the notice— (i) the name and address of the person to whom the notice is given; (ii) the date the notice is given.\n- (i) the name and address of the person to whom the notice is given;\n- (ii) the date the notice is given.\n- (i) the name and address of the person to whom the notice is given;\n- (ii) the date the notice is given.","sortOrder":7},{"sectionNumber":"pt.4","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":8},{"sectionNumber":"sec.6","sectionType":"section","heading":"Budget— Act , s 13","content":"### sec.6 Budget— Act , s 13\n\nFor section 13 (4) of the Act , the day prescribed is 31 August in each year.","sortOrder":9},{"sectionNumber":"sec.7","sectionType":"section","heading":"Allowance for secretary","content":"### sec.7 Allowance for secretary\n\nA trust may pay its secretary a reasonable allowance decided by the trust having regard to the secretary’s performance of the secretary’s duties under section 6 (2) of the Act .","sortOrder":10},{"sectionNumber":"pt.5","sectionType":"part","heading":"Repeal","content":"# Repeal","sortOrder":11},{"sectionNumber":"sec.8","sectionType":"section","heading":"Repeal","content":"### sec.8 Repeal\n\nThe River Improvement Trust Regulation 2013 , SL No. 166 is repealed.","sortOrder":12}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a straightforward re-enactment and update of the 2013 regulation. It maintains the same scope: administrative support for the River Improvement Trust Act 1940. The content is purely procedural (budget dates, notice registers, allowances) and does not expand beyond the original purpose of supporting the operation of river improvement trusts."},"complexity_factors":["Very short document (8 sections, approximately 2 pages)","Minimal defined terms (relies on definitions in the parent Act, the River Improvement Trust Act 1940)","Simple administrative provisions without nested conditions or exceptions","Straightforward cross-references to the parent Act (sections 3, 4, 6, 13)","Single historical carve-out (Burdekin) that is explicitly marked as informational only","No conditional logic or 'if-then' structures beyond basic requirements"],"plain_english_summary":"This regulation sets up the administrative rules for River Improvement Trusts in Queensland. These trusts are bodies that manage specific river catchment areas to prevent erosion, flooding, and improve water flow.\n\n**What it does:**\n- **Keeps existing river areas and trusts running**: Continues the legal existence of specific river improvement areas and their associated trusts (listed in Schedule 1). These are mostly in North Queensland (Burdekin, Herbert, Tully, etc.).\n- **Notes a historical exception**: The Burdekin Shire Rivers Improvement Area and its trust are mentioned only for information purposes—they were created in 1941 but are no longer active under the current law.\n- **Sets rules for improvement notices**: When a trust issues an improvement notice (an official direction to fix something like erosion or drainage), it must give it a unique number and keep a register of all notices. The public can inspect this register for free during business hours.\n- **Sets the budget deadline**: Trusts must submit their annual budget by 31 August each year.\n- **Allows payment for secretaries**: Trusts can pay their secretary a reasonable allowance based on how well they do their job.\n- **Repeals the old regulation**: Replaces the 2013 version of this regulation.\n\n**Who it affects:**\n- Landholders within river improvement areas who might receive improvement notices.\n- Members of River Improvement Trusts (volunteer or appointed members who manage these areas).\n- Local councils whose areas overlap with river improvement areas.\n\n**Why it matters:**\nThis regulation ensures these long-standing trusts (some dating back to the 1940s) can continue their work managing Queensland's river systems. It provides transparency through public registers and ensures proper financial governance through budgeting rules."},"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":3,"scope_assessment":{"changed":false,"description":"The regulation is a straightforward replacement of the 2013 version with no apparent expansion or contraction of scope. It continues existing river improvement areas and trusts, maintains administrative procedures for improvement notices, and updates the budget deadline provision. No new powers, areas, or obligations appear to have been introduced beyond routine administrative housekeeping."},"complexity_factors":["References to a parent Act (River Improvement Trust Act) and its specific sections, requiring cross-referencing to fully understand obligations","Historical carve-out for the Burdekin Shire Rivers Improvement Area, which operates under different legislative history and is listed for information purposes only","References to schedules (Schedule 1) not reproduced in the text, limiting full comprehension without access to the complete document","Repetitive drafting style (subsections restating the same content) adds length without adding substance, potentially causing confusion","Interaction with earlier legislation (Water Reform and Other Legislation Amendment Act 2014) requires awareness of legislative history"],"plain_english_summary":"## River Improvement Trust Regulation 2023\n\n**What is this?**\nThis is a Queensland government regulation that maintains and updates the administrative framework for **River Improvement Trusts** — local bodies responsible for managing and improving riverbanks and waterways in specific regions of Queensland.\n\n**What does it actually do?**\n- **Keeps existing river zones alive**: It formally continues the existence of designated **river improvement areas** (specific geographic zones along Queensland rivers) that were previously established under older laws.\n- **Keeps existing trusts alive**: It formally continues the existence of the **River Improvement Trusts** — the local organisations responsible for managing those river areas.\n- **Sets rules for improvement notices**: If a Trust issues an **improvement notice** (a formal direction requiring someone to do something to improve or protect a riverbank), it must give that notice a unique number and keep a public register of all notices issued. Anyone can inspect this register for free during business hours.\n- **Sets a budget deadline**: Trusts must finalise their annual budget by **31 August** each year.\n- **Allows secretary pay**: A Trust can pay its secretary a reasonable allowance based on their performance.\n- **Replaces old regulation**: It repeals (cancels) the previous 2013 version of this regulation.\n\n**Who does this affect?**\n- Landowners near Queensland rivers who may receive improvement notices from a Trust\n- Members and staff of River Improvement Trusts\n- Local councils in areas covered by river improvement zones\n- Members of the public who want to inspect Trust records\n\n**Why does it matter?**\nIf you own land near a Queensland river, a River Improvement Trust could issue you a notice requiring action on your property. This regulation ensures those Trusts are legally recognised, operate transparently (through public registers), and follow consistent administrative rules. The **Burdekin Shire** area is mentioned for historical reference only — its Trust operates under older, separate arrangements."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sec.2 and sec.3","severity":"medium","reasoning":"Section 2(1) states 'each river improvement area mentioned in schedule 1, column 1 is continued in existence' without qualification, but sec.2(3) then carves out the Burdekin entry as 'information purposes only'. The operative provision sweeps in all Schedule 1 entries, then the caveat attempts to un-apply that operative effect. It is unclear whether the Burdekin entities are continued by this regulation or not, and whether they fall within the Act's amended framework. The explanatory text refers to a pre-amendment version of the Act, suggesting these entities may exist in a legal limbo — neither clearly continued under the current Act nor excluded from it.","confidence":0.82,"description":"The Burdekin Shire Rivers Improvement Area and Trust are listed in Schedule 1 'for information purposes only' despite the regulation's operative provisions in sec.2(1) and sec.3(1) purporting to continue ALL entities mentioned in Schedule 1 in existence. This creates a legal nullity: the operative provisions apply to everything in Schedule 1, while a carve-out simultaneously declares those entries are merely informational."},{"type":"other","section":"sec.5(2)","severity":"low","reasoning":"A well-drafted improvement notice would ordinarily be required to identify the recipient and the date. Sec.4 requires a unique identifying number but imposes no minimum content requirements on the notice itself. The register provision in sec.5(2)(b) implicitly acknowledges that valid improvement notices may be issued without identifying the recipient or the date — which creates an absurdity in the enforcement context, as a notice without a named recipient or date may be unenforceable.","confidence":0.65,"description":"The register requirement to include information 'not stated in the copy of the notice' is conditionally redundant and potentially circular. A copy of the notice either contains the name, address, and date or it does not. If the notice always contains this information (as good administrative practice requires), the additional register obligation is never triggered. If the notice routinely omits this information, it raises the question of whether the notice itself is legally valid — a problem the register provision papers over rather than resolves."},{"type":"other","section":"sec.7","severity":"medium","reasoning":"The internal numbering of this regulation assigns sec.6 to the budget deadline provision. The reference to 'section 6(2) of the Act' is a reference to the parent Act, not this regulation. However, a reader applying only this regulation cannot determine what duties are referenced, and if the parent Act's sec.6(2) has been amended or repealed, the allowance criterion becomes a nullity. The drafting conflates the regulation's own section numbering with Act section numbering without sufficient clarity.","confidence":0.71,"description":"Section 7 permits a trust to pay its secretary an allowance 'having regard to the secretary's performance of the secretary's duties under section 6(2) of the Act', but section 6 of this Regulation concerns the budget deadline (31 August), not the secretary's duties. Section 6(2) of the Act is an external provision whose content cannot be verified within the four corners of this regulation, creating an unverifiable and potentially inapplicable cross-reference."},{"type":"other","section":"sec.2 (entire section)","severity":"low","reasoning":"This appears to be a drafting or formatting error in the published text, but as presented in the regulation, the same operative legal obligations appear to be stated twice. While courts would likely treat this as surplusage, it creates interpretive uncertainty and undermines legislative clarity.","confidence":0.75,"description":"Section 2 contains verbatim duplication of its own substantive content. The introductory text of sec.2 and the subsections sec.2(1), sec.2(2), and sec.2(3) repeat identical provisions word-for-word. This creates uncertainty as to whether the provisions operate once or twice, and whether any discrepancy between the duplicated versions (if introduced by amendment) would create conflicting obligations."},{"type":"other","section":"sec.3 (entire section)","severity":"low","reasoning":"Identical to the issue in sec.2. The duplication of operative provisions raises the same interpretive concerns about double application and amendment asymmetry.","confidence":0.75,"description":"Same verbatim duplication issue as sec.2 — sec.3 repeats its operative content identically in both the introductory text and the numbered subsections sec.3(1) and sec.3(2)."}],"contradictions":[{"severity":"high","section_a":"sec.2(1)","section_b":"sec.2(3)","confidence":0.85,"description":"Section 2(1) operates to continue in existence 'each river improvement area mentioned in schedule 1, column 1' without exception. Section 2(3) immediately contradicts this by stating that the Burdekin Shire Rivers Improvement Area is listed 'for information purposes only', implying it is not continued in existence by this regulation. The two provisions cannot be reconciled: either all Schedule 1 entities are continued (sec.2(1)) or the Burdekin entity is excluded (sec.2(3))."},{"severity":"high","section_a":"sec.3(1)","section_b":"sec.3(2)","confidence":0.85,"description":"Section 3(1) operates to continue in existence 'each trust mentioned in schedule 1, column 2' without exception. Section 3(2) states the Burdekin Shire Rivers Improvement Trust is mentioned 'for information purposes only', directly contradicting the universal operative effect of sec.3(1). This mirrors the contradiction in sec.2 and leaves the legal status of the Burdekin Trust ambiguous."},{"severity":"low","section_a":"sec.4","section_b":"sec.5(2)(b)(ii)","confidence":0.6,"description":"Section 4 requires each improvement notice to bear a unique identifying number, implying notices are formally issued documents with defined attributes. Section 5(2)(b)(ii) contemplates that a notice may not state the date on which it was given, requiring the register to supplement this. A formally issued, numbered legal notice that omits its own date is internally inconsistent with the scheme of sec.4, which presupposes a complete, identifiable document."}]}},"importantCases":[],"_links":{"self":"/api/acts/river-improvement-trust-regulation-2023","history":"/api/acts/river-improvement-trust-regulation-2023/history","analysis":"/api/acts/river-improvement-trust-regulation-2023/analysis","conflicts":"/api/acts/river-improvement-trust-regulation-2023/conflicts","importantCases":"/api/acts/river-improvement-trust-regulation-2023/important-cases","documents":"/api/acts/river-improvement-trust-regulation-2023/documents"}}