{"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":{"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":"This regulation preserves and updates the administrative framework for Queensland’s River Improvement Trusts and their designated river improvement areas, formally continuing existing trusts and zones and repealing the 2013 regulation. It requires Trusts to use numbered improvement notices, keep a publicly inspectable register, finalise budgets by 31 August, and may pay a secretary a reasonable allowance.\n\nIt affects landowners along rivers who might receive notices, Trust members and staff, local councils in covered areas, and the public inspecting Trust records."},"issue_detection":{"absurdities":[],"contradictions":[]},"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":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"No material change in substantive scope. The regulation continues existing river improvement areas and trusts (secs 2–3), prescribes administrative procedures for improvement notices and recordkeeping (secs 4–5), sets an annual budget deadline (sec 6), allows trusts to pay a secretary allowance (sec 7), and repeals the 2013 regulation (sec 8). Who pays: trusts bear administrative costs and may pay the secretary (sec 7). Who decides: trusts issue notices, keep registers and set the allowance (secs 4–5, 7). Behaviour changes and compliance burden: trusts must number notices, maintain and make registers available for inspection, and comply with the fixed budget date (secs 4–6). Discretion points: the ‘reasonable’ secretary allowance (sec 7) and reliance on Schedule 1 for area/trust definitions (secs 2–3)."},"complexity_factors":["Short instrument with few operative provisions (secs 2–8) reducing overall legislative complexity.","Relies on Schedule 1 to identify continued river improvement areas and trusts (secs 2–3); external schedule reliance can require cross-referencing.","Cross-references to the primary Act for continuation and budget provisions (secs 2–3, 6) — interpretation depends on the Act’s definitions and thresholds.","Administrative compliance requirements for trusts: unique numbering of improvement notices (sec 4) and a register with specified contents and free inspection (sec 5).","Operational discretion: trusts decide a ‘reasonable’ allowance for their secretary (sec 7), introducing judgment-based decisions and potential inconsistency.","Repeal of prior regulation (sec 8) creates transitional/legal housekeeping considerations for agencies and stakeholders.","Informational historical entries (Burdekin references in secs 2–3) may cause uncertainty about enforceability versus informational status."],"plain_english_summary":"This regulation continues specified river improvement areas and their trusts, sets simple administrative rules for improvement notices and registers, fixes the annual budget deadline (31 August), allows trusts to pay a reasonable allowance to their secretary, and repeals the 2013 regulation. It affects river improvement trusts, the local government areas tied to those trusts, and people who receive improvement notices by creating numbering, recordkeeping and public-inspection obligations and a small discretionary payment power for trusts."}},"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"}}