{"id":"qld:act-1999-051","name":"Sugar Industry Act 1999","slug":"sugar-industry-act-1999","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"51 of 1999","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104645,"registerId":"qld-act-1999-051-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"ch.2-pt.1","sectionType":"part","heading":null,"content":"","sortOrder":0},{"sectionNumber":"ch.2-pt.1-div.1","sectionType":"division","heading":null,"content":"","sortOrder":1},{"sectionNumber":"sec.7","sectionType":"section","heading":null,"content":"### Section sec.7\n\ns 7 sub 2004 No. 3 s 5\nexp 31 December 2005 (see s 27)","sortOrder":2},{"sectionNumber":"sec.8","sectionType":"section","heading":null,"content":"### Section sec.8\n\ns 8 sub 2004 No. 3 s 5\nexp 31 December 2005 (see s 27)","sortOrder":3},{"sectionNumber":"sec.9","sectionType":"section","heading":null,"content":"### Section sec.9\n\ns 9 sub 2004 No. 3 s 5\nexp 31 December 2005 (see s 27)","sortOrder":4},{"sectionNumber":"sec.10","sectionType":"section","heading":null,"content":"### Section sec.10\n\ns 10 sub 2004 No. 3 s 5\nexp 31 December 2005 (see s 27)","sortOrder":5},{"sectionNumber":"sec.11","sectionType":"section","heading":null,"content":"### Section sec.11\n\ns 11 sub 2004 No. 3 s 5\nexp 31 December 2005 (see s 27)","sortOrder":6},{"sectionNumber":"sec.12","sectionType":"section","heading":null,"content":"### Section sec.12\n\ns 12 sub 2004 No. 3 s 5\nexp 31 December 2005 (see s 27)","sortOrder":7},{"sectionNumber":"ch.2-pt.1-div.2","sectionType":"division","heading":null,"content":"","sortOrder":8},{"sectionNumber":"sec.13","sectionType":"section","heading":null,"content":"### Section sec.13\n\ns 13 sub 2004 No. 3 s 5\nexp 31 December 2005 (see s 27)","sortOrder":9},{"sectionNumber":"sec.14","sectionType":"section","heading":null,"content":"### Section sec.14\n\ns 14 sub 2004 No. 3 s 5\nexp 31 December 2005 (see s 27)","sortOrder":10},{"sectionNumber":"sec.15","sectionType":"section","heading":null,"content":"### Section sec.15\n\ns 15 sub 2004 No. 3 s 5\nexp 31 December 2005 (see s 27)","sortOrder":11},{"sectionNumber":"sec.16","sectionType":"section","heading":null,"content":"### Section sec.16\n\ns 16 amd 2001 No. 63 s 58 sch\nsub 2004 No. 3 s 5\nexp 31 December 2005 (see s 27)","sortOrder":12},{"sectionNumber":"sec.17","sectionType":"section","heading":null,"content":"### Section sec.17\n\ns 17 sub 2004 No. 3 s 5\nexp 31 December 2005 (see s 27)","sortOrder":13},{"sectionNumber":"sec.18","sectionType":"section","heading":null,"content":"### Section sec.18\n\ns 18 sub 2004 No. 3 s 5\nexp 31 December 2005 (see s 27)","sortOrder":14},{"sectionNumber":"sec.19","sectionType":"section","heading":null,"content":"### Section sec.19\n\ns 19 sub 2004 No. 3 s 5\nexp 31 December 2005 (see s 27)","sortOrder":15},{"sectionNumber":"sec.20","sectionType":"section","heading":null,"content":"### Section sec.20\n\ns 20 sub 2004 No. 3 s 5\nexp 31 December 2005 (see s 27)","sortOrder":16},{"sectionNumber":"sec.21","sectionType":"section","heading":null,"content":"### Section sec.21\n\ns 21 sub 2004 No. 3 s 5\nexp 31 December 2005 (see s 27)","sortOrder":17},{"sectionNumber":"sec.22","sectionType":"section","heading":null,"content":"### Section sec.22\n\ns 22 sub 2004 No. 3 s 5\nexp 31 December 2005 (see s 27)","sortOrder":18},{"sectionNumber":"sec.23","sectionType":"section","heading":null,"content":"### Section sec.23\n\ns 23 sub 2004 No. 3 s 5\nexp 31 December 2005 (see s 27)","sortOrder":19},{"sectionNumber":"sec.24","sectionType":"section","heading":null,"content":"### Section sec.24\n\ns 24 sub 2004 No. 3 s 5\nexp 31 December 2005 (see s 27)","sortOrder":20},{"sectionNumber":"sec.25","sectionType":"section","heading":null,"content":"### Section sec.25\n\ns 25 sub 2004 No. 3 s 5\nexp 31 December 2005 (see s 27)","sortOrder":21},{"sectionNumber":"sec.26","sectionType":"section","heading":null,"content":"### Section sec.26\n\ns 26 sub 2004 No. 3 s 5\nexp 31 December 2005 (see s 27)","sortOrder":22},{"sectionNumber":"ch.2-pt.1-div.3","sectionType":"division","heading":null,"content":"","sortOrder":23},{"sectionNumber":"sec.27","sectionType":"section","heading":null,"content":"### Section sec.27\n\ns 27 sub 2004 No. 3 s 5\nexp 31 December 2005 (see s 27)","sortOrder":24},{"sectionNumber":"sec.28","sectionType":"section","heading":null,"content":"### Section sec.28\n\ns 28 sub 2004 No. 3 s 5\nexp 31 December 2005 (see s 27)","sortOrder":25},{"sectionNumber":"ch.2-pt.1-div.4","sectionType":"division","heading":null,"content":"","sortOrder":26},{"sectionNumber":"ch.2-pt.1-div.5","sectionType":"division","heading":null,"content":"","sortOrder":27},{"sectionNumber":"ch.2-pt.1-div.6","sectionType":"division","heading":null,"content":"","sortOrder":28},{"sectionNumber":"ch.2-pt.1-div.7","sectionType":"division","heading":null,"content":"","sortOrder":29},{"sectionNumber":"ch.2-pt.2","sectionType":"part","heading":"Arrangements for supply contracts from 1 January 2006","content":"# Arrangements for supply contracts from 1 January 2006","sortOrder":30},{"sectionNumber":"ch.2-pt.2-div.1","sectionType":"division","heading":"Cane supply is governed by supply contracts","content":"## Cane supply is governed by supply contracts","sortOrder":31},{"sectionNumber":"sec.29","sectionType":"section","heading":"Purpose of pt 2","content":"### sec.29 Purpose of pt 2\n\nThe purpose of this part is to ensure the supply by growers of cane to a mill and the payment to growers in return are governed by supply contracts.\ns 29 prev s 29 om 2004 No. 3 s 5\npres s 29 ins 2004 No. 3 s 7\namd 2015 No. 32 s 4","sortOrder":32},{"sectionNumber":"sec.30","sectionType":"section","heading":"Definitions for pt 2","content":"### sec.30 Definitions for pt 2\n\nIn this part—\nbargaining representative , for a group of growers, means a person with the written authority of each grower who is a member of the group.\ngroup of growers see section 33 (1) .\ninterested third party means a person with a direct or indirect monetary interest in—\nthe supply by growers of cane to a mill; or\nthe milling of cane.\na harvesting contractor who is engaged by a grower or mill owner to harvest cane\na producer of ethanol\na person who transports cane to a mill\nsupply contract ...\ns 30 def supply contract om 2015 No. 32 s 5\ns 30 prev s 30 om 2004 No. 3 s 5\npres s 30 ins 2004 No. 3 s 7\n- (a) the supply by growers of cane to a mill; or\n- (b) the milling of cane.\n- 1 a harvesting contractor who is engaged by a grower or mill owner to harvest cane\n- 2 a producer of ethanol\n- 3 a person who transports cane to a mill","sortOrder":33},{"sectionNumber":"sec.31","sectionType":"section","heading":"Supply contract","content":"### sec.31 Supply contract\n\nA grower may supply cane to a mill for a crushing season only if the grower has a supply contract with the mill owner for the season.\nA supply contract may be for 1 or more than 1 crushing season.\nA supply contract may be either an individual contract or a collective contract.\nAn interested third party may be a party to a supply contract between a mill owner and a grower.\nEach of the parties to a supply contract must sign the contract.\ns 31 prev s 31 om 2004 No. 3 s 5\npres s 31 ins 2004 No. 3 s 7\n(sec.31-ssec.1) A grower may supply cane to a mill for a crushing season only if the grower has a supply contract with the mill owner for the season.\n(sec.31-ssec.2) A supply contract may be for 1 or more than 1 crushing season.\n(sec.31-ssec.3) A supply contract may be either an individual contract or a collective contract.\n(sec.31-ssec.4) An interested third party may be a party to a supply contract between a mill owner and a grower.\n(sec.31-ssec.5) Each of the parties to a supply contract must sign the contract.","sortOrder":34},{"sectionNumber":"sec.32","sectionType":"section","heading":"Individual contract","content":"### sec.32 Individual contract\n\nAn individual contract—\nis a supply contract made directly between a grower and a mill owner; and\nmay be for all or part of the supply of cane grown by the grower.\ns 32 prev s 32 om 2004 No. 3 s 5\npres s 32 ins 2004 No. 3 s 7\n- (a) is a supply contract made directly between a grower and a mill owner; and\n- (b) may be for all or part of the supply of cane grown by the grower.","sortOrder":35},{"sectionNumber":"sec.33","sectionType":"section","heading":"Collective contract","content":"### sec.33 Collective contract\n\nA collective contract is a supply contract made between 2 or more growers (a group of growers ) and a mill owner.\nEach grower in a group of growers must sign the collective contract.\nA group of growers may appoint a bargaining representative to negotiate a collective contract on behalf of the group.\nThere may be more than 1 collective contract in force at the same time for a mill.\nA grower may be a party to more than 1 collective contract.\ns 33 prev s 33 om 2004 No. 3 s 5\npres s 33 ins 2004 No. 3 s 7\n(sec.33-ssec.1) A collective contract is a supply contract made between 2 or more growers (a group of growers ) and a mill owner.\n(sec.33-ssec.2) Each grower in a group of growers must sign the collective contract.\n(sec.33-ssec.3) A group of growers may appoint a bargaining representative to negotiate a collective contract on behalf of the group.\n(sec.33-ssec.4) There may be more than 1 collective contract in force at the same time for a mill.\n(sec.33-ssec.5) A grower may be a party to more than 1 collective contract.","sortOrder":36},{"sectionNumber":"sec.33A","sectionType":"section","heading":"Arbitration of disputed terms of intended supply contract","content":"### sec.33A Arbitration of disputed terms of intended supply contract\n\nThis section applies if—\na grower is negotiating, or has attempted to negotiate, a supply contract (an intended supply contract ) with a mill owner, whether the grower is acting on the grower’s own behalf or is in a group of growers that has appointed a bargaining representative to negotiate the contract on behalf of the group; and\nthe grower or bargaining representative gives the mill owner a notice requiring the mill owner to use all reasonable endeavours to negotiate a supply contract within a stated period (the negotiation period ) of at least 10 business days; and\nat the end of the negotiation period, the grower and mill owner dispute a proposed term of the intended supply contract.\nThe grower and mill owner are taken to have made an agreement (the referral agreement )—\nto refer the dispute to arbitration; and\nfor the dispute to be arbitrated under the Commercial Arbitration Act 2013 subject to subsections (5) to (9) .\nIf the grower or mill owner refers a dispute about a proposed term of the intended supply contract to arbitration, the Commercial Arbitration Act 2013 applies to the arbitration subject to subsections (4) to (9) .\nDespite the Commercial Arbitration Act 2013 , section 7 , the referral agreement is taken to be an arbitration agreement under that Act.\nThe arbitral tribunal appointed for the arbitration may decide the dispute about the proposed term only by deciding the term.\nSubsection (7) applies if a GEI sugar marketing term is a proposed term of the intended supply contract and the grower proposes to nominate an entity to be the GEI sugar marketing entity.\nA term of the intended supply contract must not have the effect of unreasonably treating the grower less favourably than the grower would be likely to be treated if a mill-related entity were to be the GEI sugar marketing entity.\nWithout limiting subsection (7) , a term of the intended supply contract would have the effect of unreasonably treating the grower less favourably for the subsection if the effect were that the grower would unreasonably pay more for a service provided by the mill owner under the intended supply contract than the grower would pay for the service if a mill-related entity were the GEI sugar marketing entity.\nEach party must bear the party’s own costs of the arbitration.\nIf the arbitral tribunal decides each dispute about the proposed terms of the intended supply contract, the grower and mill owner are taken to have made a supply contract including—\nany terms agreed between the parties; and\nthe terms decided by the arbitral tribunal.\nIn this section—\narbitral tribunal see the Commercial Arbitration Act 2013 , section 2 .\nmill-related entity means—\nthe mill owner; or\na related body corporate of the mill owner.\ns 33A ins 2015 No. 32 s 6\n(sec.33A-ssec.1) This section applies if— a grower is negotiating, or has attempted to negotiate, a supply contract (an intended supply contract ) with a mill owner, whether the grower is acting on the grower’s own behalf or is in a group of growers that has appointed a bargaining representative to negotiate the contract on behalf of the group; and the grower or bargaining representative gives the mill owner a notice requiring the mill owner to use all reasonable endeavours to negotiate a supply contract within a stated period (the negotiation period ) of at least 10 business days; and at the end of the negotiation period, the grower and mill owner dispute a proposed term of the intended supply contract.\n(sec.33A-ssec.2) The grower and mill owner are taken to have made an agreement (the referral agreement )— to refer the dispute to arbitration; and for the dispute to be arbitrated under the Commercial Arbitration Act 2013 subject to subsections (5) to (9) .\n(sec.33A-ssec.3) If the grower or mill owner refers a dispute about a proposed term of the intended supply contract to arbitration, the Commercial Arbitration Act 2013 applies to the arbitration subject to subsections (4) to (9) .\n(sec.33A-ssec.4) Despite the Commercial Arbitration Act 2013 , section 7 , the referral agreement is taken to be an arbitration agreement under that Act.\n(sec.33A-ssec.5) The arbitral tribunal appointed for the arbitration may decide the dispute about the proposed term only by deciding the term.\n(sec.33A-ssec.6) Subsection (7) applies if a GEI sugar marketing term is a proposed term of the intended supply contract and the grower proposes to nominate an entity to be the GEI sugar marketing entity.\n(sec.33A-ssec.7) A term of the intended supply contract must not have the effect of unreasonably treating the grower less favourably than the grower would be likely to be treated if a mill-related entity were to be the GEI sugar marketing entity.\n(sec.33A-ssec.8) Without limiting subsection (7) , a term of the intended supply contract would have the effect of unreasonably treating the grower less favourably for the subsection if the effect were that the grower would unreasonably pay more for a service provided by the mill owner under the intended supply contract than the grower would pay for the service if a mill-related entity were the GEI sugar marketing entity.\n(sec.33A-ssec.9) Each party must bear the party’s own costs of the arbitration.\n(sec.33A-ssec.10) If the arbitral tribunal decides each dispute about the proposed terms of the intended supply contract, the grower and mill owner are taken to have made a supply contract including— any terms agreed between the parties; and the terms decided by the arbitral tribunal.\n(sec.33A-ssec.11) In this section— arbitral tribunal see the Commercial Arbitration Act 2013 , section 2 . mill-related entity means— the mill owner; or a related body corporate of the mill owner.\n- (a) a grower is negotiating, or has attempted to negotiate, a supply contract (an intended supply contract ) with a mill owner, whether the grower is acting on the grower’s own behalf or is in a group of growers that has appointed a bargaining representative to negotiate the contract on behalf of the group; and\n- (b) the grower or bargaining representative gives the mill owner a notice requiring the mill owner to use all reasonable endeavours to negotiate a supply contract within a stated period (the negotiation period ) of at least 10 business days; and\n- (c) at the end of the negotiation period, the grower and mill owner dispute a proposed term of the intended supply contract.\n- (a) to refer the dispute to arbitration; and\n- (b) for the dispute to be arbitrated under the Commercial Arbitration Act 2013 subject to subsections (5) to (9) .\n- (a) any terms agreed between the parties; and\n- (b) the terms decided by the arbitral tribunal.\n- (a) the mill owner; or\n- (b) a related body corporate of the mill owner.","sortOrder":37},{"sectionNumber":"sec.33B","sectionType":"section","heading":"Terms of supply contract about sale of on-supply sugar","content":"### sec.33B Terms of supply contract about sale of on-supply sugar\n\nThis section applies to a supply contract for cane between a grower and a mill owner unless the grower is a related body corporate of the mill owner.\nThe supply contract must include each of the following—\na term providing for the amount, or the basis for working out the amount, of the payment to the grower for the supply of the cane (the cane payment );\nunless the grower and mill owner otherwise agree—a term (a related sugar pricing term ) requiring the amount of the cane payment to be worked out in a stated way by linking that amount to the sale price of the on-supply sugar to which the supply contract relates;\nif the supply contract includes a related sugar pricing term, both of the following, unless the grower and mill owner otherwise agree—\na term requiring the mill owner to bear the sale price exposure for the sale of a proportion of the on-supply sugar that is worked out in a stated way;\na term (a GEI sugar price exposure term ) requiring the grower to bear the sale price exposure for the sale of the remaining on-supply sugar (the grower economic interest sugar );\nif the supply contract includes a GEI sugar price exposure term—\na term (a GEI sugar marketing term ) requiring the mill owner to have an agreement with a stated entity (the GEI sugar marketing entity ) to sell the quantity of the on-supply sugar that is at least equal to the quantity of the grower economic interest sugar; and\nunless the grower and mill owner otherwise agree, a term providing for an entity nominated by the grower to be the GEI sugar marketing entity;\nif the supply contract provides for an entity nominated by the grower to be the GEI sugar marketing entity—a term requiring the mill owner to deliver for sale the quantity of the on-supply sugar that is at least equal to the quantity of the grower economic interest sugar, as directed by the entity, within a stated reasonable period.\nHowever, subsection (2) (d) does not apply if the supply contract states that the mill owner will sell the on-supply sugar.\nWithout limiting subsection (2) (e) , the stated period must be reasonable having regard to the likely period in which the mill owner could deliver the on-supply sugar for sale to a related body corporate of the mill owner.\nSee section 298 .\ns 33B ins 2015 No. 32 s 6\n(sec.33B-ssec.1) This section applies to a supply contract for cane between a grower and a mill owner unless the grower is a related body corporate of the mill owner.\n(sec.33B-ssec.2) The supply contract must include each of the following— a term providing for the amount, or the basis for working out the amount, of the payment to the grower for the supply of the cane (the cane payment ); unless the grower and mill owner otherwise agree—a term (a related sugar pricing term ) requiring the amount of the cane payment to be worked out in a stated way by linking that amount to the sale price of the on-supply sugar to which the supply contract relates; if the supply contract includes a related sugar pricing term, both of the following, unless the grower and mill owner otherwise agree— a term requiring the mill owner to bear the sale price exposure for the sale of a proportion of the on-supply sugar that is worked out in a stated way; a term (a GEI sugar price exposure term ) requiring the grower to bear the sale price exposure for the sale of the remaining on-supply sugar (the grower economic interest sugar ); if the supply contract includes a GEI sugar price exposure term— a term (a GEI sugar marketing term ) requiring the mill owner to have an agreement with a stated entity (the GEI sugar marketing entity ) to sell the quantity of the on-supply sugar that is at least equal to the quantity of the grower economic interest sugar; and unless the grower and mill owner otherwise agree, a term providing for an entity nominated by the grower to be the GEI sugar marketing entity; if the supply contract provides for an entity nominated by the grower to be the GEI sugar marketing entity—a term requiring the mill owner to deliver for sale the quantity of the on-supply sugar that is at least equal to the quantity of the grower economic interest sugar, as directed by the entity, within a stated reasonable period.\n(sec.33B-ssec.3) However, subsection (2) (d) does not apply if the supply contract states that the mill owner will sell the on-supply sugar.\n(sec.33B-ssec.4) Without limiting subsection (2) (e) , the stated period must be reasonable having regard to the likely period in which the mill owner could deliver the on-supply sugar for sale to a related body corporate of the mill owner. See section 298 .\n- (a) a term providing for the amount, or the basis for working out the amount, of the payment to the grower for the supply of the cane (the cane payment );\n- (b) unless the grower and mill owner otherwise agree—a term (a related sugar pricing term ) requiring the amount of the cane payment to be worked out in a stated way by linking that amount to the sale price of the on-supply sugar to which the supply contract relates;\n- (c) if the supply contract includes a related sugar pricing term, both of the following, unless the grower and mill owner otherwise agree— (i) a term requiring the mill owner to bear the sale price exposure for the sale of a proportion of the on-supply sugar that is worked out in a stated way; (ii) a term (a GEI sugar price exposure term ) requiring the grower to bear the sale price exposure for the sale of the remaining on-supply sugar (the grower economic interest sugar );\n- (i) a term requiring the mill owner to bear the sale price exposure for the sale of a proportion of the on-supply sugar that is worked out in a stated way;\n- (ii) a term (a GEI sugar price exposure term ) requiring the grower to bear the sale price exposure for the sale of the remaining on-supply sugar (the grower economic interest sugar );\n- (d) if the supply contract includes a GEI sugar price exposure term— (i) a term (a GEI sugar marketing term ) requiring the mill owner to have an agreement with a stated entity (the GEI sugar marketing entity ) to sell the quantity of the on-supply sugar that is at least equal to the quantity of the grower economic interest sugar; and (ii) unless the grower and mill owner otherwise agree, a term providing for an entity nominated by the grower to be the GEI sugar marketing entity;\n- (i) a term (a GEI sugar marketing term ) requiring the mill owner to have an agreement with a stated entity (the GEI sugar marketing entity ) to sell the quantity of the on-supply sugar that is at least equal to the quantity of the grower economic interest sugar; and\n- (ii) unless the grower and mill owner otherwise agree, a term providing for an entity nominated by the grower to be the GEI sugar marketing entity;\n- (e) if the supply contract provides for an entity nominated by the grower to be the GEI sugar marketing entity—a term requiring the mill owner to deliver for sale the quantity of the on-supply sugar that is at least equal to the quantity of the grower economic interest sugar, as directed by the entity, within a stated reasonable period.\n- (i) a term requiring the mill owner to bear the sale price exposure for the sale of a proportion of the on-supply sugar that is worked out in a stated way;\n- (ii) a term (a GEI sugar price exposure term ) requiring the grower to bear the sale price exposure for the sale of the remaining on-supply sugar (the grower economic interest sugar );\n- (i) a term (a GEI sugar marketing term ) requiring the mill owner to have an agreement with a stated entity (the GEI sugar marketing entity ) to sell the quantity of the on-supply sugar that is at least equal to the quantity of the grower economic interest sugar; and\n- (ii) unless the grower and mill owner otherwise agree, a term providing for an entity nominated by the grower to be the GEI sugar marketing entity;","sortOrder":38},{"sectionNumber":"sec.34","sectionType":"section","heading":"Parties must use dispute resolution process stated in supply contract","content":"### sec.34 Parties must use dispute resolution process stated in supply contract\n\nA supply contract must state a process for dispute resolution including by arbitration.\nThe parties must attempt to resolve the dispute by using the process.\nSubject to subsection (4) , the Commercial Arbitration Act 2013 applies to an arbitration mentioned in subsection (1) .\nEach party must bear the party’s own costs of the arbitration.\ns 34 prev s 34 om 2004 No. 3 s 5\npres s 34 ins 2004 No. 3 s 7\namd 2007 No. 26 s 8 ; 2015 No. 32 s 7\n(sec.34-ssec.1) A supply contract must state a process for dispute resolution including by arbitration.\n(sec.34-ssec.2) The parties must attempt to resolve the dispute by using the process.\n(sec.34-ssec.3) Subject to subsection (4) , the Commercial Arbitration Act 2013 applies to an arbitration mentioned in subsection (1) .\n(sec.34-ssec.4) Each party must bear the party’s own costs of the arbitration.","sortOrder":39},{"sectionNumber":"sec.35","sectionType":"section","heading":"Variation of supply contract","content":"### sec.35 Variation of supply contract\n\nThe parties to a supply contract may, in writing, vary the contract.\nThe varied supply contract is taken to be the supply contract for this part.\ns 35 prev s 35 om 2004 No. 3 s 5\npres s 35 ins 2004 No. 3 s 7\n(sec.35-ssec.1) The parties to a supply contract may, in writing, vary the contract.\n(sec.35-ssec.2) The varied supply contract is taken to be the supply contract for this part.","sortOrder":40},{"sectionNumber":"ch.2-pt.2-div.2","sectionType":"division","heading":"Dispute resolution","content":"## Dispute resolution","sortOrder":41},{"sectionNumber":"sec.36","sectionType":"section","heading":"Application of div 2","content":"### sec.36 Application of div 2\n\nThis division applies if a dispute arises between any or all of the parties to a supply contract about its terms.\ns 36 prev s 36 om 2004 No. 3 s 5\npres s 36 ins 2004 No. 3 s 7","sortOrder":42},{"sectionNumber":"sec.37","sectionType":"section","heading":"No final offer arbitration","content":"### sec.37 No final offer arbitration\n\nThe parties can not use final offer arbitration or a process substantially the same as final offer arbitration.\nThe parties to a dispute use final offer arbitration if, at the end of mediation—\neach party to the mediation gives a written offer (a final offer ) for resolving all issues to—\nthe mediator appointed for the mediation; and\neach other party to the dispute; and\nthe final offer states the basis on which the party is prepared to settle all issues that have not been agreed; and\nan arbitrator appointed to resolve the dispute can make a decision only by choosing 1 of the offers; and\nif only 1 final offer has been made—the arbitrator may accept the offer as the arbitrator’s decision.\ns 37 prev s 37 om 2004 No. 3 s 5\npres s 37 ins 2004 No. 3 s 7\n(sec.37-ssec.1) The parties can not use final offer arbitration or a process substantially the same as final offer arbitration.\n(sec.37-ssec.2) The parties to a dispute use final offer arbitration if, at the end of mediation— each party to the mediation gives a written offer (a final offer ) for resolving all issues to— the mediator appointed for the mediation; and each other party to the dispute; and the final offer states the basis on which the party is prepared to settle all issues that have not been agreed; and an arbitrator appointed to resolve the dispute can make a decision only by choosing 1 of the offers; and if only 1 final offer has been made—the arbitrator may accept the offer as the arbitrator’s decision.\n- (a) each party to the mediation gives a written offer (a final offer ) for resolving all issues to— (i) the mediator appointed for the mediation; and (ii) each other party to the dispute; and\n- (i) the mediator appointed for the mediation; and\n- (ii) each other party to the dispute; and\n- (b) the final offer states the basis on which the party is prepared to settle all issues that have not been agreed; and\n- (c) an arbitrator appointed to resolve the dispute can make a decision only by choosing 1 of the offers; and\n- (d) if only 1 final offer has been made—the arbitrator may accept the offer as the arbitrator’s decision.\n- (i) the mediator appointed for the mediation; and\n- (ii) each other party to the dispute; and","sortOrder":43},{"sectionNumber":"sec.38","sectionType":"section","heading":null,"content":"### Section sec.38\n\ns 38 orig s 38 om 2004 No. 3 s 5\nprev s 38 ins 2004 No. 3 s 7\nom 2007 No. 26 s 9","sortOrder":44},{"sectionNumber":"sec.39","sectionType":"section","heading":null,"content":"### Section sec.39\n\ns 39 orig s 39 om 2004 No. 3 s 6\nprev s 39 ins 2004 No. 3 s 7\nom 2007 No. 26 s 9","sortOrder":45},{"sectionNumber":"sec.40","sectionType":"section","heading":null,"content":"### Section sec.40\n\ns 40 om 2004 No. 3 s 6","sortOrder":46},{"sectionNumber":"sec.41","sectionType":"section","heading":null,"content":"### Section sec.41\n\ns 41 om 2004 No. 3 s 6","sortOrder":47},{"sectionNumber":"sec.42","sectionType":"section","heading":null,"content":"### Section sec.42\n\ns 42 amd 2000 No. 25 s 3A\nom 2004 No. 3 s 6","sortOrder":48},{"sectionNumber":"sec.43","sectionType":"section","heading":null,"content":"### Section sec.43\n\ns 43 om 2004 No. 3 s 6","sortOrder":49},{"sectionNumber":"sec.44","sectionType":"section","heading":null,"content":"### Section sec.44\n\ns 44 om 2004 No. 3 s 6","sortOrder":50},{"sectionNumber":"sec.45","sectionType":"section","heading":null,"content":"### Section sec.45\n\ns 45 om 2004 No. 3 s 6","sortOrder":51},{"sectionNumber":"sec.46","sectionType":"section","heading":null,"content":"### Section sec.46\n\ns 46 om 2004 No. 3 s 6","sortOrder":52},{"sectionNumber":"sec.47","sectionType":"section","heading":null,"content":"### Section sec.47\n\ns 47 om 2004 No. 3 s 6","sortOrder":53},{"sectionNumber":"sec.48","sectionType":"section","heading":null,"content":"### Section sec.48\n\ns 48 amd 2000 No. 25 s 4\nom 2004 No. 3 s 6","sortOrder":54},{"sectionNumber":"sec.49","sectionType":"section","heading":null,"content":"### Section sec.49\n\ns 49 om 2004 No. 3 s 6","sortOrder":55},{"sectionNumber":"ch.2-pt.2-div.3","sectionType":"division","heading":null,"content":"","sortOrder":56},{"sectionNumber":"sec.50","sectionType":"section","heading":null,"content":"### Section sec.50\n\ns 50 amd 2000 No. 25 s 3 (1) sch 1\nom 2004 No. 3 s 6","sortOrder":57},{"sectionNumber":"sec.51","sectionType":"section","heading":null,"content":"### Section sec.51\n\ns 51 om 2004 No. 3 s 6","sortOrder":58},{"sectionNumber":"sec.52","sectionType":"section","heading":null,"content":"### Section sec.52\n\ns 52 om 2004 No. 3 s 6","sortOrder":59},{"sectionNumber":"sec.53","sectionType":"section","heading":null,"content":"### Section sec.53\n\ns 53 om 2004 No. 3 s 6","sortOrder":60},{"sectionNumber":"sec.54","sectionType":"section","heading":null,"content":"### Section sec.54\n\ns 54 om 2004 No. 3 s 6","sortOrder":61},{"sectionNumber":"sec.55","sectionType":"section","heading":null,"content":"### Section sec.55\n\ns 55 om 2004 No. 3 s 6","sortOrder":62},{"sectionNumber":"ch.2-pt.2-div.4","sectionType":"division","heading":null,"content":"","sortOrder":63},{"sectionNumber":"sec.56","sectionType":"section","heading":null,"content":"### Section sec.56\n\ns 56 om 2004 No. 3 s 6","sortOrder":64},{"sectionNumber":"sec.57","sectionType":"section","heading":null,"content":"### Section sec.57\n\ns 57 om 2004 No. 3 s 6","sortOrder":65},{"sectionNumber":"sec.58","sectionType":"section","heading":null,"content":"### Section sec.58\n\ns 58 amd 2000 No. 25 s 3 (1) sch 1\nom 2004 No. 3 s 6","sortOrder":66},{"sectionNumber":"sec.59","sectionType":"section","heading":null,"content":"### Section sec.59\n\ns 59 om 2004 No. 3 s 6","sortOrder":67},{"sectionNumber":"ch.2-pt.3","sectionType":"part","heading":null,"content":"","sortOrder":68},{"sectionNumber":"sec.60","sectionType":"section","heading":null,"content":"### Section sec.60\n\ns 60 om 2003 No. 44 s 4","sortOrder":69},{"sectionNumber":"sec.61","sectionType":"section","heading":null,"content":"### Section sec.61\n\ns 61 om 2003 No. 44 s 4","sortOrder":70},{"sectionNumber":"sec.62","sectionType":"section","heading":null,"content":"### Section sec.62\n\ns 62 om 2003 No. 44 s 4","sortOrder":71},{"sectionNumber":"ch.2-pt.4","sectionType":"part","heading":"Cane access, harvesting and mill supply","content":"# Cane access, harvesting and mill supply","sortOrder":72},{"sectionNumber":"sec.63","sectionType":"section","heading":"Access right to harvest and supply cane","content":"### sec.63 Access right to harvest and supply cane\n\nThis part provides for the grant by a landholder or the Land Court of 2 types of right (each an access right )—\na permit to pass; and\na cane railway easement.\nA permit (a permit to pass ) may be granted to—\na grower to facilitate harvest of cane and supply to a mill; or\na mill owner to facilitate harvest of cane and supply of cane to any mill or between any mills or to service a cane railway easement.\nA permit to pass authorises the person to whom it is granted and a person acting on the person’s behalf to use another person’s land under the permit’s conditions.\nA permit to pass must state the period for which it has effect.\nAn easement (a cane railway easement ) may be granted to a mill owner to facilitate harvest of cane and supply of cane to any mill or between any mills.\nA cane railway easement may be granted whether or not it is annexed to or used and enjoyed together with any other land.\nThe grant of an access right is subject to the powers under the Transport Infrastructure Act 1994 of the chief executive or a railway manager within the meaning of that Act.\ns 63 amd 2008 No. 22 s 18\n(sec.63-ssec.1) This part provides for the grant by a landholder or the Land Court of 2 types of right (each an access right )— a permit to pass; and a cane railway easement.\n(sec.63-ssec.2) A permit (a permit to pass ) may be granted to— a grower to facilitate harvest of cane and supply to a mill; or a mill owner to facilitate harvest of cane and supply of cane to any mill or between any mills or to service a cane railway easement.\n(sec.63-ssec.3) A permit to pass authorises the person to whom it is granted and a person acting on the person’s behalf to use another person’s land under the permit’s conditions.\n(sec.63-ssec.4) A permit to pass must state the period for which it has effect.\n(sec.63-ssec.5) An easement (a cane railway easement ) may be granted to a mill owner to facilitate harvest of cane and supply of cane to any mill or between any mills.\n(sec.63-ssec.6) A cane railway easement may be granted whether or not it is annexed to or used and enjoyed together with any other land.\n(sec.63-ssec.7) The grant of an access right is subject to the powers under the Transport Infrastructure Act 1994 of the chief executive or a railway manager within the meaning of that Act.\n- (a) a permit to pass; and\n- (b) a cane railway easement.\n- (a) a grower to facilitate harvest of cane and supply to a mill; or\n- (b) a mill owner to facilitate harvest of cane and supply of cane to any mill or between any mills or to service a cane railway easement.","sortOrder":73},{"sectionNumber":"sec.64","sectionType":"section","heading":"Landholder may grant an access right","content":"### sec.64 Landholder may grant an access right\n\nA landholder may grant an access right affecting the holder’s land under an agreement with a mill owner or a grower.\nSee sections 70 and 71 for the requirement to notify the registrar.\ns 64 amd 2008 No. 22 s 19","sortOrder":74},{"sectionNumber":"sec.65","sectionType":"section","heading":"Land Court may grant an access right","content":"### sec.65 Land Court may grant an access right\n\nThis section applies if a person seeking an access right affecting land does not reach agreement with the landholder for the grant.\nThe person may apply to the Land Court to be granted the access right.\nThe applicant must serve a copy of the application on every person the applicant knows may be entitled to claim compensation if the access right is granted.\nSubsection (3) does not limit the persons on whom a copy of the application must be served under the rules of the Land Court.\nThe Land Court may grant the application only if it is satisfied—\nthe applicant has failed, after reasonable attempts, to negotiate an agreement with the landholder for the access right; and\nthe access right is necessary for a purpose mentioned in section 63 (2) or (5) in relation to the applicant; and\nthe access right, if granted, would not affect native title, or if it would, there is an indigenous land use agreement consenting to the grant.\nSee sections 70 and 71 for the requirement to notify the registrar.\nThe Land Court may impose reasonable conditions on the grant.\na condition that the mill owner or grower construct and maintain, at or near the boundaries of the land, cattle grids or other structures\nIn this section—\nindigenous land use agreement means an indigenous land use agreement under the Native Title Act 1993 (Cwlth) registered on the register of indigenous land use agreements.\ns 65 sub 2008 No. 22 s 20\n(sec.65-ssec.1) This section applies if a person seeking an access right affecting land does not reach agreement with the landholder for the grant.\n(sec.65-ssec.2) The person may apply to the Land Court to be granted the access right.\n(sec.65-ssec.3) The applicant must serve a copy of the application on every person the applicant knows may be entitled to claim compensation if the access right is granted.\n(sec.65-ssec.4) Subsection (3) does not limit the persons on whom a copy of the application must be served under the rules of the Land Court.\n(sec.65-ssec.5) The Land Court may grant the application only if it is satisfied— the applicant has failed, after reasonable attempts, to negotiate an agreement with the landholder for the access right; and the access right is necessary for a purpose mentioned in section 63 (2) or (5) in relation to the applicant; and the access right, if granted, would not affect native title, or if it would, there is an indigenous land use agreement consenting to the grant. See sections 70 and 71 for the requirement to notify the registrar.\n(sec.65-ssec.6) The Land Court may impose reasonable conditions on the grant. a condition that the mill owner or grower construct and maintain, at or near the boundaries of the land, cattle grids or other structures\n(sec.65-ssec.7) In this section— indigenous land use agreement means an indigenous land use agreement under the Native Title Act 1993 (Cwlth) registered on the register of indigenous land use agreements.\n- (a) the applicant has failed, after reasonable attempts, to negotiate an agreement with the landholder for the access right; and\n- (b) the access right is necessary for a purpose mentioned in section 63 (2) or (5) in relation to the applicant; and\n- (c) the access right, if granted, would not affect native title, or if it would, there is an indigenous land use agreement consenting to the grant.","sortOrder":75},{"sectionNumber":"sec.66","sectionType":"section","heading":null,"content":"### Section sec.66\n\ns 66 om 2008 No. 22 s 21","sortOrder":76},{"sectionNumber":"sec.67","sectionType":"section","heading":null,"content":"### Section sec.67\n\ns 67 om 2008 No. 22 s 22","sortOrder":77},{"sectionNumber":"sec.68","sectionType":"section","heading":"Compensation on grant of access right","content":"### sec.68 Compensation on grant of access right\n\nSubject to subsection (6) , if the Land Court or a landholder grants an access right, the landholder whose land is affected and the grantee of the access right may agree on the amount of any compensation payable to the landholder.\nIf the landholder and grantee can not agree, either of them may apply to the Land Court for an order.\nOn an application under subsection (2) , the Land Court may decide the amount of any compensation payable by the grantee to the landholder and make an order for payment.\nIn deciding the amount of compensation, the Land Court must have regard to the following matters—\nif the granting of the access right effectively severs land in which the landholder has an interest from other land in which the landholder has an interest—any change in the values of those interests;\nany change in the value of any interest in any land held by the landholder that otherwise happens because of the granting of the access right;\nany loss, injury or damage suffered by the landholder, or expense reasonably incurred by the landholder, as a direct, natural and reasonable consequence of the granting of the access right;\nanything else relevant to deciding what is just and reasonable compensation for the granting of the access right.\nFor calculating the change in the value of an interest in land under subsection (4) , the changed value of the interest must be decided as at the day the access right was granted.\nThe Land Court, in granting a permit to pass, may order the grantee to pay to the landholder whose land is affected by the permit 1 or both of the following—\nan amount, or amounts from time to time, towards the cost to the landholder of the use of the permit;\nan amount as compensation for significant detriment to the landholder’s use of the land.\ns 68 amd 2008 No. 22 s 23\n(sec.68-ssec.1) Subject to subsection (6) , if the Land Court or a landholder grants an access right, the landholder whose land is affected and the grantee of the access right may agree on the amount of any compensation payable to the landholder.\n(sec.68-ssec.2) If the landholder and grantee can not agree, either of them may apply to the Land Court for an order.\n(sec.68-ssec.3) On an application under subsection (2) , the Land Court may decide the amount of any compensation payable by the grantee to the landholder and make an order for payment.\n(sec.68-ssec.4) In deciding the amount of compensation, the Land Court must have regard to the following matters— if the granting of the access right effectively severs land in which the landholder has an interest from other land in which the landholder has an interest—any change in the values of those interests; any change in the value of any interest in any land held by the landholder that otherwise happens because of the granting of the access right; any loss, injury or damage suffered by the landholder, or expense reasonably incurred by the landholder, as a direct, natural and reasonable consequence of the granting of the access right; anything else relevant to deciding what is just and reasonable compensation for the granting of the access right.\n(sec.68-ssec.5) For calculating the change in the value of an interest in land under subsection (4) , the changed value of the interest must be decided as at the day the access right was granted.\n(sec.68-ssec.6) The Land Court, in granting a permit to pass, may order the grantee to pay to the landholder whose land is affected by the permit 1 or both of the following— an amount, or amounts from time to time, towards the cost to the landholder of the use of the permit; an amount as compensation for significant detriment to the landholder’s use of the land.\n- (a) if the granting of the access right effectively severs land in which the landholder has an interest from other land in which the landholder has an interest—any change in the values of those interests;\n- (b) any change in the value of any interest in any land held by the landholder that otherwise happens because of the granting of the access right;\n- (c) any loss, injury or damage suffered by the landholder, or expense reasonably incurred by the landholder, as a direct, natural and reasonable consequence of the granting of the access right;\n- (d) anything else relevant to deciding what is just and reasonable compensation for the granting of the access right.\n- (a) an amount, or amounts from time to time, towards the cost to the landholder of the use of the permit;\n- (b) an amount as compensation for significant detriment to the landholder’s use of the land.","sortOrder":78},{"sectionNumber":"sec.69","sectionType":"section","heading":null,"content":"### Section sec.69\n\ns 69 om 2008 No. 22 s 24","sortOrder":79},{"sectionNumber":"sec.70","sectionType":"section","heading":"Notification and recording of matters relating to permits to pass","content":"### sec.70 Notification and recording of matters relating to permits to pass\n\nThis section applies if any of the following happens (a permit event )—\na permit to pass is granted;\na permit to pass is relinquished by the grantee;\na permit to pass, or a condition on which a permit to pass is held, is varied or cancelled under section 72 .\nWithin 28 days after the permit event happens, the grantee must give to the registrar—\na signed notice—\nstating that the permit event has happened; and\nidentifying the parties to the permit to pass and the land affected by the permit; and\na copy of—\nfor the grant of a permit to pass—the permit to pass; or\notherwise—the document by which the relinquishment, variation or cancellation was effected.\nMaximum penalty—40 penalty units.\nThe registrar must ensure a notice appears in the relevant register kept under the Land Act 1994 or the Land Title Act 1994 so that a search of the register will show the permit event has happened.\ns 70 sub 2008 No. 22 s 24\n(sec.70-ssec.1) This section applies if any of the following happens (a permit event )— a permit to pass is granted; a permit to pass is relinquished by the grantee; a permit to pass, or a condition on which a permit to pass is held, is varied or cancelled under section 72 .\n(sec.70-ssec.2) Within 28 days after the permit event happens, the grantee must give to the registrar— a signed notice— stating that the permit event has happened; and identifying the parties to the permit to pass and the land affected by the permit; and a copy of— for the grant of a permit to pass—the permit to pass; or otherwise—the document by which the relinquishment, variation or cancellation was effected. Maximum penalty—40 penalty units.\n(sec.70-ssec.3) The registrar must ensure a notice appears in the relevant register kept under the Land Act 1994 or the Land Title Act 1994 so that a search of the register will show the permit event has happened.\n- (a) a permit to pass is granted;\n- (b) a permit to pass is relinquished by the grantee;\n- (c) a permit to pass, or a condition on which a permit to pass is held, is varied or cancelled under section 72 .\n- (a) a signed notice— (i) stating that the permit event has happened; and (ii) identifying the parties to the permit to pass and the land affected by the permit; and\n- (i) stating that the permit event has happened; and\n- (ii) identifying the parties to the permit to pass and the land affected by the permit; and\n- (b) a copy of— (i) for the grant of a permit to pass—the permit to pass; or (ii) otherwise—the document by which the relinquishment, variation or cancellation was effected.\n- (i) for the grant of a permit to pass—the permit to pass; or\n- (ii) otherwise—the document by which the relinquishment, variation or cancellation was effected.\n- (i) stating that the permit event has happened; and\n- (ii) identifying the parties to the permit to pass and the land affected by the permit; and\n- (i) for the grant of a permit to pass—the permit to pass; or\n- (ii) otherwise—the document by which the relinquishment, variation or cancellation was effected.","sortOrder":80},{"sectionNumber":"sec.71","sectionType":"section","heading":"Notification and registration of matters relating to cane railway easements","content":"### sec.71 Notification and registration of matters relating to cane railway easements\n\nThis section applies if any of the following happens (an easement event )—\na cane railway easement is granted;\na cane railway easement is relinquished by the grantee;\na cane railway easement, or a condition on which a cane railway easement is held, is varied or cancelled under section 72 .\nWithin 28 days after the easement event happens, the grantee must give to the registrar a signed notice—\nstating that the easement event has happened; and\nidentifying the parties to the cane railway easement and the land affected by the easement.\nMaximum penalty—40 penalty units.\nThe easement event may be registered under the Land Act 1994 or the Land Title Act 1994 only in compliance with that Act.\nUntil the easement event is registered, the registrar must ensure a notice appears in the relevant register kept under the Land Act 1994 or the Land Title Act 1994 so that a search of the register will show the easement event has happened.\nIt is sufficient compliance with subsection (2) for the grantee to give to the registrar, within 28 days after the easement event happens, the documents the registrar requires to register the easement event.\ns 71 sub 2008 No. 22 s 24\n(sec.71-ssec.1) This section applies if any of the following happens (an easement event )— a cane railway easement is granted; a cane railway easement is relinquished by the grantee; a cane railway easement, or a condition on which a cane railway easement is held, is varied or cancelled under section 72 .\n(sec.71-ssec.2) Within 28 days after the easement event happens, the grantee must give to the registrar a signed notice— stating that the easement event has happened; and identifying the parties to the cane railway easement and the land affected by the easement. Maximum penalty—40 penalty units.\n(sec.71-ssec.3) The easement event may be registered under the Land Act 1994 or the Land Title Act 1994 only in compliance with that Act.\n(sec.71-ssec.4) Until the easement event is registered, the registrar must ensure a notice appears in the relevant register kept under the Land Act 1994 or the Land Title Act 1994 so that a search of the register will show the easement event has happened.\n(sec.71-ssec.5) It is sufficient compliance with subsection (2) for the grantee to give to the registrar, within 28 days after the easement event happens, the documents the registrar requires to register the easement event.\n- (a) a cane railway easement is granted;\n- (b) a cane railway easement is relinquished by the grantee;\n- (c) a cane railway easement, or a condition on which a cane railway easement is held, is varied or cancelled under section 72 .\n- (a) stating that the easement event has happened; and\n- (b) identifying the parties to the cane railway easement and the land affected by the easement.","sortOrder":81},{"sectionNumber":"sec.72","sectionType":"section","heading":"Variation and cancellation of access right, dispute resolution and enforcement","content":"### sec.72 Variation and cancellation of access right, dispute resolution and enforcement\n\nThe landholder whose land is affected by an access right and the grantee of the access right may, by agreement, vary or cancel the access right or a condition on which it is held.\nA party to an access right may apply to the Land Court to vary or cancel the access right or a condition on which the access right is held.\nThe applicant must serve a copy of the application on every person the applicant knows may be entitled to claim compensation if the application is granted.\nThe Land Court may grant the application only if—\nfor an application to cancel a cane railway easement—the court is satisfied the easement has not been used for at least 2 years; or\notherwise—the court is satisfied there are special circumstances.\nA change in the use of the land affected by the access right is not in itself special circumstances for subsection (4) (b) .\nA cane railway easement included in a register kept under the Land Act 1994 or the Land Title Act 1994 may be varied only in compliance with the provisions of that Act about amending an easement.\ns 72 amd 2007 No. 26 s 10 ; 2008 No. 22 s 25\n(sec.72-ssec.1) The landholder whose land is affected by an access right and the grantee of the access right may, by agreement, vary or cancel the access right or a condition on which it is held.\n(sec.72-ssec.2) A party to an access right may apply to the Land Court to vary or cancel the access right or a condition on which the access right is held.\n(sec.72-ssec.3) The applicant must serve a copy of the application on every person the applicant knows may be entitled to claim compensation if the application is granted.\n(sec.72-ssec.4) The Land Court may grant the application only if— for an application to cancel a cane railway easement—the court is satisfied the easement has not been used for at least 2 years; or otherwise—the court is satisfied there are special circumstances.\n(sec.72-ssec.5) A change in the use of the land affected by the access right is not in itself special circumstances for subsection (4) (b) .\n(sec.72-ssec.6) A cane railway easement included in a register kept under the Land Act 1994 or the Land Title Act 1994 may be varied only in compliance with the provisions of that Act about amending an easement.\n- (a) for an application to cancel a cane railway easement—the court is satisfied the easement has not been used for at least 2 years; or\n- (b) otherwise—the court is satisfied there are special circumstances.","sortOrder":82},{"sectionNumber":"sec.73","sectionType":"section","heading":"Compensation on cancellation or variation of access right","content":"### sec.73 Compensation on cancellation or variation of access right\n\nA party to an access right may apply to the Land Court for an order for the payment of compensation if the parties to the access right—\nhave, by agreement, varied or cancelled the access right or a condition on which it is held; and\ncan not agree on the payment of compensation for the variation or cancellation.\nSubsection (3) applies if—\nan application is made under subsection (1) ; or\nthe Land Court makes an order under section 72 varying or cancelling an access right or a condition on which an access right is held.\nThe Land Court may decide the amount of any compensation payable by a party to the access right to the other party and make an order for payment.\nIn deciding the amount of any compensation, the Land Court must have regard to the following matters—\nif the variation or cancellation effectively severs land in which the landholder has an interest from other land in which the landholder has an interest—any change in the values of those interests;\nany change in the value of any interest in any land held by the landholder that otherwise happens because of the variation or cancellation;\nany loss, injury or damage suffered by a party, or expense reasonably incurred by a party, as a direct, natural and reasonable consequence of the variation or cancellation;\nany compensation previously paid in relation to the access right;\nanything else relevant to deciding what is just and reasonable compensation for the variation or cancellation.\nFor calculating the change in the value of an interest in land under subsection (4) , the changed value of the interest must be decided as at the day the access right was varied or cancelled.\ns 73 sub 2008 No. 22 s 26\n(sec.73-ssec.1) A party to an access right may apply to the Land Court for an order for the payment of compensation if the parties to the access right— have, by agreement, varied or cancelled the access right or a condition on which it is held; and can not agree on the payment of compensation for the variation or cancellation.\n(sec.73-ssec.2) Subsection (3) applies if— an application is made under subsection (1) ; or the Land Court makes an order under section 72 varying or cancelling an access right or a condition on which an access right is held.\n(sec.73-ssec.3) The Land Court may decide the amount of any compensation payable by a party to the access right to the other party and make an order for payment.\n(sec.73-ssec.4) In deciding the amount of any compensation, the Land Court must have regard to the following matters— if the variation or cancellation effectively severs land in which the landholder has an interest from other land in which the landholder has an interest—any change in the values of those interests; any change in the value of any interest in any land held by the landholder that otherwise happens because of the variation or cancellation; any loss, injury or damage suffered by a party, or expense reasonably incurred by a party, as a direct, natural and reasonable consequence of the variation or cancellation; any compensation previously paid in relation to the access right; anything else relevant to deciding what is just and reasonable compensation for the variation or cancellation.\n(sec.73-ssec.5) For calculating the change in the value of an interest in land under subsection (4) , the changed value of the interest must be decided as at the day the access right was varied or cancelled.\n- (a) have, by agreement, varied or cancelled the access right or a condition on which it is held; and\n- (b) can not agree on the payment of compensation for the variation or cancellation.\n- (a) an application is made under subsection (1) ; or\n- (b) the Land Court makes an order under section 72 varying or cancelling an access right or a condition on which an access right is held.\n- (a) if the variation or cancellation effectively severs land in which the landholder has an interest from other land in which the landholder has an interest—any change in the values of those interests;\n- (b) any change in the value of any interest in any land held by the landholder that otherwise happens because of the variation or cancellation;\n- (c) any loss, injury or damage suffered by a party, or expense reasonably incurred by a party, as a direct, natural and reasonable consequence of the variation or cancellation;\n- (d) any compensation previously paid in relation to the access right;\n- (e) anything else relevant to deciding what is just and reasonable compensation for the variation or cancellation.","sortOrder":83},{"sectionNumber":"sec.74","sectionType":"section","heading":"Rectification or reinstatement of land on cancellation or variation of access right","content":"### sec.74 Rectification or reinstatement of land on cancellation or variation of access right\n\nThis section applies if the Land Court cancels an access right affecting land or varies an access right in a way that excludes land affected by the right.\nThe Land Court may order the person who is or was the grantee of the access right to carry out rectification or reinstatement of the land as directed by the court.\ns 74 sub 2008 No. 22 s 26\n(sec.74-ssec.1) This section applies if the Land Court cancels an access right affecting land or varies an access right in a way that excludes land affected by the right.\n(sec.74-ssec.2) The Land Court may order the person who is or was the grantee of the access right to carry out rectification or reinstatement of the land as directed by the court.","sortOrder":84},{"sectionNumber":"sec.74A","sectionType":"section","heading":"Enforcement of Land Court decisions","content":"### sec.74A Enforcement of Land Court decisions\n\nThis section applies if the Land Court makes an order under this part.\nThe registrar of the Land Court must give a copy of the order to the registrar of the Supreme Court who must file it in the Supreme Court registry.\nOn filing, the order is enforceable as if it were an order of the Supreme Court.\ns 74A ins 2008 No. 22 s 26\n(sec.74A-ssec.1) This section applies if the Land Court makes an order under this part.\n(sec.74A-ssec.2) The registrar of the Land Court must give a copy of the order to the registrar of the Supreme Court who must file it in the Supreme Court registry.\n(sec.74A-ssec.3) On filing, the order is enforceable as if it were an order of the Supreme Court.","sortOrder":85},{"sectionNumber":"sec.75","sectionType":"section","heading":"Construction etc. of railways, obstruction of access right","content":"### sec.75 Construction etc. of railways, obstruction of access right\n\nFor supply of cane to a mill, a mill owner or a person authorised by the mill owner may—\nconstruct, maintain, alter and use a railway or road and carry out any other necessary works on land of the mill owner or over which the mill owner holds an access right; and\nuse on the railway or road vehicles or rolling stock and other machinery and equipment the mill owner may consider necessary.\nHowever, subsection (1) (a) applies—\nin relation to a road other than a State-controlled road, subject to any local laws in force under the Local Government Act 2009 , section 60 ; or\nin relation to a State-controlled road, subject to the Transport Infrastructure Act 1994 , section 50 .\nTransport Infrastructure Act 1994 , section 50 (Ancillary works and encroachments)\nA person may apply to the Land Court for an order restraining anyone else from obstructing or attempting to obstruct the applicant’s use of an access right or a right under subsection (1) .\nThe court may make the order sought on the conditions it considers appropriate.\nA person who suffers loss or damage because another person obstructs or attempts to obstruct the person’s use of the person’s access right or right under subsection (1) may recover the amount of the loss or damage as a debt from the other person.\ns 75 amd 1994 No. 8 s 491 (3) sch 5 (amd 2003 No. 54 ss 34 , 39 ); 2008 No. 22 s 27 ; 2009 No. 17 s 331 sch 1\n(sec.75-ssec.1) For supply of cane to a mill, a mill owner or a person authorised by the mill owner may— construct, maintain, alter and use a railway or road and carry out any other necessary works on land of the mill owner or over which the mill owner holds an access right; and use on the railway or road vehicles or rolling stock and other machinery and equipment the mill owner may consider necessary.\n(sec.75-ssec.2) However, subsection (1) (a) applies— in relation to a road other than a State-controlled road, subject to any local laws in force under the Local Government Act 2009 , section 60 ; or in relation to a State-controlled road, subject to the Transport Infrastructure Act 1994 , section 50 . Transport Infrastructure Act 1994 , section 50 (Ancillary works and encroachments)\n(sec.75-ssec.3) A person may apply to the Land Court for an order restraining anyone else from obstructing or attempting to obstruct the applicant’s use of an access right or a right under subsection (1) .\n(sec.75-ssec.4) The court may make the order sought on the conditions it considers appropriate.\n(sec.75-ssec.5) A person who suffers loss or damage because another person obstructs or attempts to obstruct the person’s use of the person’s access right or right under subsection (1) may recover the amount of the loss or damage as a debt from the other person.\n- (a) construct, maintain, alter and use a railway or road and carry out any other necessary works on land of the mill owner or over which the mill owner holds an access right; and\n- (b) use on the railway or road vehicles or rolling stock and other machinery and equipment the mill owner may consider necessary.\n- (a) in relation to a road other than a State-controlled road, subject to any local laws in force under the Local Government Act 2009 , section 60 ; or\n- (b) in relation to a State-controlled road, subject to the Transport Infrastructure Act 1994 , section 50 . Editor’s note— Transport Infrastructure Act 1994 , section 50 (Ancillary works and encroachments)","sortOrder":86},{"sectionNumber":"ch.2-pt.5","sectionType":"part","heading":null,"content":"","sortOrder":87},{"sectionNumber":"sec.76","sectionType":"section","heading":null,"content":"### Section sec.76\n\ns 76 om 2004 No. 3 s 8","sortOrder":88},{"sectionNumber":"sec.77","sectionType":"section","heading":null,"content":"### Section sec.77\n\ns 77 ins 2000 No. 25 s 4A\nom 2004 No. 3 s 8","sortOrder":89},{"sectionNumber":"sec.78","sectionType":"section","heading":null,"content":"### Section sec.78\n\ns 78 ins 2000 No. 25 s 4A\nom 2004 No. 3 s 8","sortOrder":90},{"sectionNumber":"sec.79","sectionType":"section","heading":null,"content":"### Section sec.79\n\ns 79 om 2004 No. 3 s 8","sortOrder":91},{"sectionNumber":"sec.80","sectionType":"section","heading":null,"content":"### Section sec.80\n\ns 80 om 2004 No. 3 s 8","sortOrder":92},{"sectionNumber":"sec.81","sectionType":"section","heading":null,"content":"### Section sec.81\n\ns 81 om 2004 No. 3 s 8","sortOrder":93},{"sectionNumber":"sec.82","sectionType":"section","heading":null,"content":"### Section sec.82\n\ns 82 om 2004 No. 3 s 8","sortOrder":94},{"sectionNumber":"sec.83","sectionType":"section","heading":null,"content":"### Section sec.83\n\ns 83 om 2004 No. 3 s 8","sortOrder":95},{"sectionNumber":"sec.84","sectionType":"section","heading":null,"content":"### Section sec.84\n\ns 84 ins 2000 No. 25 s 4B\nom 2004 No. 3 s 8","sortOrder":96},{"sectionNumber":"sec.85","sectionType":"section","heading":null,"content":"### Section sec.85\n\ns 85 om 2004 No. 3 s 8","sortOrder":97},{"sectionNumber":"sec.86","sectionType":"section","heading":null,"content":"### Section sec.86\n\ns 86 om 2004 No. 3 s 8","sortOrder":98},{"sectionNumber":"sec.87","sectionType":"section","heading":null,"content":"### Section sec.87\n\ns 87 om 2004 No. 3 s 8","sortOrder":99},{"sectionNumber":"sec.88","sectionType":"section","heading":null,"content":"### Section sec.88\n\ns 88 om 2004 No. 3 s 8","sortOrder":100},{"sectionNumber":"sec.89","sectionType":"section","heading":null,"content":"### Section sec.89\n\ns 89 om 2004 No. 3 s 8","sortOrder":101},{"sectionNumber":"sec.90","sectionType":"section","heading":null,"content":"### Section sec.90\n\ns 90 om 2004 No. 3 s 8","sortOrder":102},{"sectionNumber":"sec.91","sectionType":"section","heading":null,"content":"### Section sec.91\n\ns 91 om 2004 No. 3 s 8","sortOrder":103},{"sectionNumber":"sec.92","sectionType":"section","heading":null,"content":"### Section sec.92\n\ns 92 om 2004 No. 3 s 8","sortOrder":104},{"sectionNumber":"sec.93","sectionType":"section","heading":null,"content":"### Section sec.93\n\ns 93 amd 2000 No. 25 s 3 (1) sch 1\nom 2004 No. 3 s 8","sortOrder":105},{"sectionNumber":"sec.94","sectionType":"section","heading":null,"content":"### Section sec.94\n\ns 94 amd 2000 No. 25 s 3 (1) sch 1\nom 2004 No. 3 s 8","sortOrder":106},{"sectionNumber":"sec.95","sectionType":"section","heading":null,"content":"### Section sec.95\n\ns 95 om 2004 No. 3 s 8","sortOrder":107},{"sectionNumber":"sec.96","sectionType":"section","heading":null,"content":"### Section sec.96\n\ns 96 om 2004 No. 3 s 8","sortOrder":108},{"sectionNumber":"sec.97","sectionType":"section","heading":null,"content":"### Section sec.97\n\ns 97 om 2004 No. 3 s 8","sortOrder":109},{"sectionNumber":"sec.98","sectionType":"section","heading":null,"content":"### Section sec.98\n\ns 98 om 2004 No. 3 s 8","sortOrder":110},{"sectionNumber":"sec.99","sectionType":"section","heading":null,"content":"### Section sec.99\n\ns 99 om 2004 No. 3 s 8","sortOrder":111},{"sectionNumber":"ch.3-pt.1","sectionType":"part","heading":null,"content":"","sortOrder":112},{"sectionNumber":"sec.100","sectionType":"section","heading":null,"content":"### Section sec.100\n\ns 100 amd 2000 No. 25 s 3 (1) sch 1 ; 2004 No. 3 s 10\nom 2005 No. 62 s 4","sortOrder":113},{"sectionNumber":"sec.101","sectionType":"section","heading":null,"content":"### Section sec.101\n\ns 101 amd 2000 No. 25 s 3 (1) sch 1\nom 2005 No. 62 s 4","sortOrder":114},{"sectionNumber":"sec.102","sectionType":"section","heading":null,"content":"### Section sec.102\n\ns 102 amd 2000 No. 25 s 3 (1) sch 1 ; 2004 No. 3 s 11\nom 2005 No. 62 s 4","sortOrder":115},{"sectionNumber":"sec.103","sectionType":"section","heading":null,"content":"### Section sec.103\n\ns 103 amd 2000 No. 25 s 3 (1) sch 1 ; 2004 No. 3 s 12\nom 2005 No. 62 s 4","sortOrder":116},{"sectionNumber":"sec.104","sectionType":"section","heading":null,"content":"### Section sec.104\n\ns 104 amd 2000 No. 25 s 3 (1) sch 1\nom 2005 No. 62 s 4","sortOrder":117},{"sectionNumber":"sec.105","sectionType":"section","heading":null,"content":"### Section sec.105\n\ns 105 amd 2000 No. 25 s 3 (1) sch 1 ; 2004 No. 3 s 13\nom 2005 No. 62 s 4","sortOrder":118},{"sectionNumber":"sec.106","sectionType":"section","heading":null,"content":"### Section sec.106\n\ns 106 amd 2000 No. 25 s 3 (1) sch 1 ; 2003 No. 44 s 3 sch\nom 2005 No. 62 s 4","sortOrder":119},{"sectionNumber":"sec.107","sectionType":"section","heading":null,"content":"### Section sec.107\n\ns 107 amd 2000 No. 25 s 3 (1) sch 1 ; 2004 No. 3 s 14\nom 2005 No. 62 s 4","sortOrder":120},{"sectionNumber":"ch.3-pt.2","sectionType":"part","heading":null,"content":"","sortOrder":121},{"sectionNumber":"ch.3-pt.2-div.1","sectionType":"division","heading":null,"content":"","sortOrder":122},{"sectionNumber":"sec.107A","sectionType":"section","heading":null,"content":"### Section sec.107A\n\ns 107A ins 2004 No. 3 s 15\nom 2005 No. 62 s 4","sortOrder":123},{"sectionNumber":"sec.107B","sectionType":"section","heading":null,"content":"### Section sec.107B\n\ns 107B ins 2004 No. 3 s 15\nom 2005 No. 62 s 4","sortOrder":124},{"sectionNumber":"ch.3-pt.2-div.2","sectionType":"division","heading":null,"content":"","sortOrder":125},{"sectionNumber":"sec.107C","sectionType":"section","heading":null,"content":"### Section sec.107C\n\ns 107C ins 2004 No. 3 s 15\nom 2005 No. 62 s 4","sortOrder":126},{"sectionNumber":"sec.107D","sectionType":"section","heading":null,"content":"### Section sec.107D\n\ns 107D ins 2004 No. 3 s 15\nom 2005 No. 62 s 4","sortOrder":127},{"sectionNumber":"ch.3-pt.2-div.3","sectionType":"division","heading":null,"content":"","sortOrder":128},{"sectionNumber":"sec.107E","sectionType":"section","heading":null,"content":"### Section sec.107E\n\ns 107E ins 2004 No. 3 s 15\nom 2005 No. 62 s 4","sortOrder":129},{"sectionNumber":"sec.107F","sectionType":"section","heading":null,"content":"### Section sec.107F\n\ns 107F ins 2004 No. 3 s 15\nom 2005 No. 62 s 4","sortOrder":130},{"sectionNumber":"sec.107G","sectionType":"section","heading":null,"content":"### Section sec.107G\n\ns 107G ins 2004 No. 3 s 15\nom 2005 No. 62 s 4","sortOrder":131},{"sectionNumber":"sec.107H","sectionType":"section","heading":null,"content":"### Section sec.107H\n\ns 107H ins 2004 No. 3 s 15\nom 2005 No. 62 s 4","sortOrder":132},{"sectionNumber":"sec.107I","sectionType":"section","heading":null,"content":"### Section sec.107I\n\ns 107I ins 2004 No. 3 s 15\nom 2005 No. 62 s 4","sortOrder":133},{"sectionNumber":"sec.107J","sectionType":"section","heading":null,"content":"### Section sec.107J\n\ns 107J ins 2004 No. 3 s 15\nom 2005 No. 62 s 4","sortOrder":134},{"sectionNumber":"sec.107K","sectionType":"section","heading":null,"content":"### Section sec.107K\n\ns 107K ins 2004 No. 3 s 15\nom 2005 No. 62 s 4","sortOrder":135},{"sectionNumber":"sec.107L","sectionType":"section","heading":null,"content":"### Section sec.107L\n\ns 107L ins 2004 No. 3 s 15\nom 2005 No. 62 s 4","sortOrder":136},{"sectionNumber":"sec.107M","sectionType":"section","heading":null,"content":"### Section sec.107M\n\ns 107M ins 2004 No. 3 s 15\nom 2005 No. 62 s 4","sortOrder":137},{"sectionNumber":"sec.107N","sectionType":"section","heading":null,"content":"### Section sec.107N\n\ns 107N ins 2004 No. 3 s 15\nom 2005 No. 62 s 4","sortOrder":138},{"sectionNumber":"sec.107O","sectionType":"section","heading":null,"content":"### Section sec.107O\n\ns 107O ins 2004 No. 3 s 15\nom 2005 No. 62 s 4","sortOrder":139},{"sectionNumber":"ch.3-pt.2-div.4","sectionType":"division","heading":null,"content":"","sortOrder":140},{"sectionNumber":"sec.107P","sectionType":"section","heading":null,"content":"### Section sec.107P\n\ns 107P ins 2004 No. 3 s 15\nom 2005 No. 62 s 4","sortOrder":141},{"sectionNumber":"ch.3-pt.2-div.5","sectionType":"division","heading":null,"content":"","sortOrder":142},{"sectionNumber":"sec.107Q","sectionType":"section","heading":null,"content":"### Section sec.107Q\n\ns 107Q ins 2004 No. 3 s 15\nom 2005 No. 62 s 4","sortOrder":143},{"sectionNumber":"ch.3-pt.2-div.6","sectionType":"division","heading":null,"content":"","sortOrder":144},{"sectionNumber":"sec.107R","sectionType":"section","heading":null,"content":"### Section sec.107R\n\ns 107R ins 2004 No. 3 s 15\nom 2005 No. 62 s 4","sortOrder":145},{"sectionNumber":"sec.107S","sectionType":"section","heading":null,"content":"### Section sec.107S\n\ns 107S ins 2004 No. 3 s 15\nom 2005 No. 62 s 4","sortOrder":146},{"sectionNumber":"ch.3-pt.2-div.7","sectionType":"division","heading":null,"content":"","sortOrder":147},{"sectionNumber":"sec.107T","sectionType":"section","heading":null,"content":"### Section sec.107T\n\ns 107T ins 2004 No. 3 s 15\nom 2005 No. 62 s 4","sortOrder":148},{"sectionNumber":"ch.3-pt.2-div.8","sectionType":"division","heading":null,"content":"","sortOrder":149},{"sectionNumber":"sec.107U","sectionType":"section","heading":null,"content":"### Section sec.107U\n\ns 107U ins 2004 No. 3 s 15\nom 2005 No. 62 s 4","sortOrder":150},{"sectionNumber":"sec.107V","sectionType":"section","heading":null,"content":"### Section sec.107V\n\ns 107V ins 2004 No. 3 s 15\nom 2005 No. 62 s 4","sortOrder":151},{"sectionNumber":"sec.107W","sectionType":"section","heading":null,"content":"### Section sec.107W\n\ns 107W ins 2004 No. 3 s 15\nom 2005 No. 62 s 4","sortOrder":152},{"sectionNumber":"sec.107X","sectionType":"section","heading":null,"content":"### Section sec.107X\n\ns 107X ins 2004 No. 3 s 15\nom 2005 No. 62 s 4","sortOrder":153},{"sectionNumber":"ch.8-pt.1","sectionType":"part","heading":null,"content":"","sortOrder":154},{"sectionNumber":"sec.258","sectionType":"section","heading":null,"content":"### Section sec.258\n\ns 258 prev s 258 ins 2000 No. 25 s 15\nom 2003 No. 44 s 21\npres s 258 ins 2005 No. 62 s 20\nom 2008 No. 22 s 33","sortOrder":155},{"sectionNumber":"sec.259","sectionType":"section","heading":null,"content":"### Section sec.259\n\ns 259 prev s 259 ins 2000 No. 25 s 15\nom 2003 No. 44 s 21\npres s 259 ins 2005 No. 62 s 20\nom 2008 No. 22 s 33","sortOrder":156},{"sectionNumber":"sec.259A","sectionType":"section","heading":null,"content":"### Section sec.259A\n\ns 259A ins 2001 No. 45 s 29 sch 3\nom 2003 No. 44 s 21","sortOrder":157},{"sectionNumber":"sec.260","sectionType":"section","heading":null,"content":"### Section sec.260\n\ns 260 prev s 260 ins 2000 No. 25 s 15\nom 2003 No. 44 s 21\npres s 260 ins 2005 No. 62 s 20\nom 2008 No. 22 s 33","sortOrder":158},{"sectionNumber":"ch.8-pt.2","sectionType":"part","heading":null,"content":"","sortOrder":159},{"sectionNumber":"sec.261","sectionType":"section","heading":null,"content":"### Section sec.261\n\ns 261 prev s 261 ins 2000 No. 25 s 15\nom 2003 No. 44 s 21\npres s 261 ins 2005 No. 62 s 20\nom 2008 No. 22 s 33","sortOrder":160},{"sectionNumber":"sec.262","sectionType":"section","heading":null,"content":"### Section sec.262\n\ns 262 prev s 262 ins 2000 No. 25 s 15\nom 2003 No. 44 s 21\npres s 262 ins 2005 No. 62 s 20\nom 2008 No. 22 s 33","sortOrder":161},{"sectionNumber":"sec.263","sectionType":"section","heading":null,"content":"### Section sec.263\n\ns 263 prev s 263 ins 2000 No. 25 s 15\nom 2003 No. 44 s 21\npres s 263 ins 2005 No. 62 s 20\nom 2008 No. 22 s 33","sortOrder":162},{"sectionNumber":"ch.8-pt.3","sectionType":"part","heading":null,"content":"","sortOrder":163},{"sectionNumber":"sec.264","sectionType":"section","heading":null,"content":"### Section sec.264\n\ns 264 prev s 264 ins 2000 No. 25 s 15\nom 2003 No. 44 s 21\npres s 264 ins 2005 No. 62 s 20\nom 2008 No. 22 s 33","sortOrder":164},{"sectionNumber":"sec.265","sectionType":"section","heading":null,"content":"### Section sec.265\n\ns 265 prev s 265 ins 2000 No. 25 s 15\nom 2003 No. 44 s 21\npres s 265 ins 2005 No. 62 s 20\nom 2008 No. 22 s 33","sortOrder":165},{"sectionNumber":"sec.266","sectionType":"section","heading":null,"content":"### Section sec.266\n\ns 266 orig s 266 om 2000 No. 25 s 3 (1) sch\nins 2000 No. 25 s 15\nom 2003 No. 44 s 21\nprev s 266 ins 2005 No. 62 s 20\nom 2008 No. 22 s 33","sortOrder":166},{"sectionNumber":"sec.267","sectionType":"section","heading":null,"content":"### Section sec.267\n\ns 267 prev s 267 ins 2000 No. 25 s 15\nom 2003 No. 44 s 21\npres s 267 ins 2005 No. 62 s 20\nom 2008 No. 22 s 33","sortOrder":167},{"sectionNumber":"sec.268","sectionType":"section","heading":null,"content":"### Section sec.268\n\ns 268 prev s 268 ins 2000 No. 25 s 15\nom 2003 No. 44 s 21\npres s 268 ins 2005 No. 62 s 20\nom 2008 No. 22 s 33","sortOrder":168},{"sectionNumber":"sec.269","sectionType":"section","heading":null,"content":"### Section sec.269\n\ns 269 prev s 269 ins 2000 No. 25 s 15\nom 2003 No. 44 s 21\npres s 269 ins 2005 No. 62 s 20\nom 2008 No. 22 s 33","sortOrder":169},{"sectionNumber":"sec.270","sectionType":"section","heading":null,"content":"### Section sec.270\n\ns 270 prev s 270 ins 2000 No. 25 s 15\nom 2003 No. 44 s 21\npres s 270 ins 2005 No. 62 s 20\nom 2008 No. 22 s 33","sortOrder":170},{"sectionNumber":"sec.271","sectionType":"section","heading":null,"content":"### Section sec.271\n\ns 271 prev s 271 ins 2000 No. 25 s 15\nom 2003 No. 44 s 21\npres s 271 ins 2005 No. 62 s 20\nom 2008 No. 22 s 33","sortOrder":171},{"sectionNumber":"sec.272","sectionType":"section","heading":null,"content":"### Section sec.272\n\ns 272 prev s 272 om 2003 No. 44 s 21\npres s 272 ins 2005 No. 62 s 20\nom 2008 No. 22 s 33","sortOrder":172},{"sectionNumber":"sec.273","sectionType":"section","heading":null,"content":"### Section sec.273\n\ns 273 prev s 273 ins 2000 No. 25 s 15\nom 2003 No. 44 s 21\npres s 273 ins 2005 No. 62 s 20\nom 2008 No. 22 s 33","sortOrder":173},{"sectionNumber":"ch.8-pt.4","sectionType":"part","heading":null,"content":"","sortOrder":174},{"sectionNumber":"sec.274","sectionType":"section","heading":null,"content":"### Section sec.274\n\ns 274 prev s 274 ins 2000 No. 25 s 15\nom 2003 No. 44 s 21\npres s 274 ins 2005 No. 62 s 20\nom 2008 No. 22 s 33","sortOrder":175},{"sectionNumber":"ch.8-pt.5","sectionType":"part","heading":null,"content":"","sortOrder":176},{"sectionNumber":"sec.275","sectionType":"section","heading":null,"content":"### Section sec.275\n\ns 275 prev s 275 ins 2000 No. 25 s 15\nom 2003 No. 44 s 21\npres s 275 ins 2005 No. 62 s 20\nom 2008 No. 22 s 33","sortOrder":177},{"sectionNumber":"sec.276","sectionType":"section","heading":null,"content":"### Section sec.276\n\ns 276 prev s 276 ins 2000 No. 25 s 15\nom 2003 No. 44 s 21\npres s 276 ins 2005 No. 62 s 20\nom 2008 No. 22 s 33","sortOrder":178},{"sectionNumber":"sec.277","sectionType":"section","heading":null,"content":"### Section sec.277\n\ns 277 prev s 277 ins 2000 No. 25 s 15\nom 2003 No. 44 s 21\npres s 277 ins 2005 No. 62 s 20\nom 2008 No. 22 s 33","sortOrder":179},{"sectionNumber":"sec.278","sectionType":"section","heading":null,"content":"### Section sec.278\n\ns 278 prev s 278 ins 2000 No. 25 s 15\nom 2003 No. 44 s 21\npres s 278 ins 2005 No. 62 s 20\nom 2008 No. 22 s 33","sortOrder":180},{"sectionNumber":"sec.279","sectionType":"section","heading":null,"content":"### Section sec.279\n\ns 279 prev s 279 ins 2000 No. 25 s 15\nom 2003 No. 44 s 21\npres s 279 ins 2005 No. 62 s 20\nom 2008 No. 22 s 33","sortOrder":181},{"sectionNumber":"ch.8-pt.6","sectionType":"part","heading":null,"content":"","sortOrder":182},{"sectionNumber":"sec.280","sectionType":"section","heading":null,"content":"### Section sec.280\n\ns 280 prev s 280 ins 2000 No. 25 s 15\nom 2003 No. 44 s 21\npres s 280 ins 2005 No. 62 s 20\nom 2008 No. 22 s 33","sortOrder":183},{"sectionNumber":"ch.8-pt.7","sectionType":"part","heading":null,"content":"","sortOrder":184},{"sectionNumber":"sec.281","sectionType":"section","heading":null,"content":"### Section sec.281\n\ncommencement ...\ns 281 def commencement ins 2008 No. 22 s 34\ns 281 prev s 281 ins 2000 No. 25 s 15\nom 2003 No. 44 s 21\npres s 281 ins 2005 No. 62 s 20\nexp 30 September 2009 (see s 283A)","sortOrder":185},{"sectionNumber":"sec.282","sectionType":"section","heading":null,"content":"### Section sec.282\n\ns 282 prev s 282 ins 2000 No. 25 s 15\nom 2003 No. 44 s 21\npres s 282 ins 2005 No. 62 s 20\nexp 30 September 2009 (see s 283A)","sortOrder":186},{"sectionNumber":"sec.283","sectionType":"section","heading":null,"content":"### Section sec.283\n\ns 283 prev s 283 ins 2000 No. 25 s 15\nom 2003 No. 44 s 21\npres s 283 ins 2005 No. 62 s 20\nexp 30 September 2009 (see s 283A)","sortOrder":187},{"sectionNumber":"sec.283A","sectionType":"section","heading":null,"content":"### Section sec.283A\n\ns 283A ins 2008 No. 22 s 35\nexp 30 September 2009 (see s 283A)","sortOrder":188},{"sectionNumber":"ch.8-pt.8","sectionType":"part","heading":null,"content":"","sortOrder":189},{"sectionNumber":"ch.9-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":190},{"sectionNumber":"sec.284","sectionType":"section","heading":"Definitions for ch 9","content":"### sec.284 Definitions for ch 9\n\nIn this chapter—\naccess rights register means the register of that name kept by the commissioner before the commencement day under repealed section 69.\ncommencement day means the day this chapter commences.\ncommissioner means the Sugar Industry Commissioner holding office under this Act before the commencement day.\ns 284 orig s 284 ins 2000 No. 25 s 15\nom 2003 No. 44 s 21\nprev s 284 ins 2005 No. 62 s 20\nom 2008 No. 22 s 36\npres s 284 ins 2008 No. 22 s 37","sortOrder":191},{"sectionNumber":"ch.9-pt.2","sectionType":"part","heading":"Provisions relating to access rights","content":"# Provisions relating to access rights","sortOrder":192},{"sectionNumber":"sec.285","sectionType":"section","heading":"Period of operation of permit to pass","content":"### sec.285 Period of operation of permit to pass\n\nThis section applies to a permit to pass that was in force immediately before the commencement day.\nIf the permit does not state a period for which it has effect—\nsection 63(4) does not apply to the permit; and\nthe permit is taken to have effect until it is cancelled or otherwise stops having effect under this Act.\ns 285 orig s 285 ins 2000 No. 25 s 15\nom 2003 No. 44 s 21\nprev s 285 ins 2005 No. 62 s 20\nom 2008 No. 22 s 36\npres s 285 ins 2008 No. 22 s 37\n(sec.285-ssec.1) This section applies to a permit to pass that was in force immediately before the commencement day.\n(sec.285-ssec.2) If the permit does not state a period for which it has effect— section 63(4) does not apply to the permit; and the permit is taken to have effect until it is cancelled or otherwise stops having effect under this Act.\n- (a) section 63(4) does not apply to the permit; and\n- (b) the permit is taken to have effect until it is cancelled or otherwise stops having effect under this Act.","sortOrder":193},{"sectionNumber":"sec.286","sectionType":"section","heading":"Access rights granted by the commissioner","content":"### sec.286 Access rights granted by the commissioner\n\nAn access right granted by the commissioner, that was in force immediately before the commencement day, continues in force according to its terms as if it had been granted by the Land Court.\ns 286 orig s 286 ins 2000 No. 25 s 15\nom 2003 No. 44 s 21\nprev s 286 ins 2005 No. 62 s 20\nom 2008 No. 22 s 36\npres s 286 ins 2008 No. 22 s 37","sortOrder":194},{"sectionNumber":"sec.287","sectionType":"section","heading":"Land Court to assume jurisdiction for current applications","content":"### sec.287 Land Court to assume jurisdiction for current applications\n\nAn application to the commissioner under old section 65 that, immediately before the commencement day, had not been decided by the commissioner is taken to be an application to the Land Court under new section 65.\nAn application to the commissioner under old section 72 that, immediately before the commencement day, had not been decided by the commissioner is taken to be an application to the Land Court under new section 72.\nAn application to a Magistrates Court under old section 75 that, immediately before the commencement day, had not been finally dealt with by the Magistrates Court is taken to be an application to the Land Court under new section 75.\nThe president of the Land Court may give—\na direction or order that an application mentioned in this section, and any materials relating to the application that were held by the commissioner or before a Magistrates Court, be taken to be part of the proceeding before the Land Court; and\nany other necessary directions about how a proceeding under this section is to be dealt with.\nThe chief executive must take all reasonable steps to make any applications mentioned in subsections (1) and (2), and any materials relating to the applications that were held by the commissioner, available to the Land Court.\nThe registrar of a Magistrates Court must take all reasonable steps to make any applications mentioned in subsection (3), and any materials relating to the applications that were before the Magistrates Court, available to the Land Court.\nIn this section—\nnew means as in force from the commencement day.\nold means as in force before the commencement day.\ns 287 orig s 287 ins 2000 No. 25 s 15\nom 2003 No. 44 s 21\nprev s 287 ins 2005 No. 62 s 20\nom 2008 No. 22 s 36\npres s 287 ins 2008 No. 22 s 37\n(sec.287-ssec.1) An application to the commissioner under old section 65 that, immediately before the commencement day, had not been decided by the commissioner is taken to be an application to the Land Court under new section 65.\n(sec.287-ssec.2) An application to the commissioner under old section 72 that, immediately before the commencement day, had not been decided by the commissioner is taken to be an application to the Land Court under new section 72.\n(sec.287-ssec.3) An application to a Magistrates Court under old section 75 that, immediately before the commencement day, had not been finally dealt with by the Magistrates Court is taken to be an application to the Land Court under new section 75.\n(sec.287-ssec.4) The president of the Land Court may give— a direction or order that an application mentioned in this section, and any materials relating to the application that were held by the commissioner or before a Magistrates Court, be taken to be part of the proceeding before the Land Court; and any other necessary directions about how a proceeding under this section is to be dealt with.\n(sec.287-ssec.5) The chief executive must take all reasonable steps to make any applications mentioned in subsections (1) and (2), and any materials relating to the applications that were held by the commissioner, available to the Land Court.\n(sec.287-ssec.6) The registrar of a Magistrates Court must take all reasonable steps to make any applications mentioned in subsection (3), and any materials relating to the applications that were before the Magistrates Court, available to the Land Court.\n(sec.287-ssec.7) In this section— new means as in force from the commencement day. old means as in force before the commencement day.\n- (a) a direction or order that an application mentioned in this section, and any materials relating to the application that were held by the commissioner or before a Magistrates Court, be taken to be part of the proceeding before the Land Court; and\n- (b) any other necessary directions about how a proceeding under this section is to be dealt with.","sortOrder":195},{"sectionNumber":"sec.287A","sectionType":"section","heading":null,"content":"### Section sec.287A\n\ns 287A ins 2001 No. 45 s 29 sch 3\nom 2003 No. 44 s 21","sortOrder":196},{"sectionNumber":"sec.288","sectionType":"section","heading":"Outstanding decisions of valuers","content":"### sec.288 Outstanding decisions of valuers\n\nThis section applies if—\na valuer was appointed under section 68 or 73 to decide an amount; and\nimmediately before the commencement day, the valuer had not finally decided the amount.\nSection 68 or 73, as in force immediately before the commencement day, continues to apply in relation to the making, effect and costs of the decision.\ns 288 prev s 288 ins 2000 No. 25 s 15\nom 2003 No. 44 s 21\npres s 288 ins 2007 No. 26 s 14\nsub 2008 No. 22 s 37\n(sec.288-ssec.1) This section applies if— a valuer was appointed under section 68 or 73 to decide an amount; and immediately before the commencement day, the valuer had not finally decided the amount.\n(sec.288-ssec.2) Section 68 or 73, as in force immediately before the commencement day, continues to apply in relation to the making, effect and costs of the decision.\n- (a) a valuer was appointed under section 68 or 73 to decide an amount; and\n- (b) immediately before the commencement day, the valuer had not finally decided the amount.","sortOrder":197},{"sectionNumber":"sec.289","sectionType":"section","heading":"Access rights register","content":"### sec.289 Access rights register\n\nOn the commencement day, the access rights register becomes the property of the registrar.\nThe registrar must ensure that, for each current access right recorded in the access rights register immediately before the commencement day, a notice appears in the relevant register kept under the Land Act 1994 or the Land Title Act 1994 so that a search of the register will show the existence of the access right.\ns 289 prev s 289 ins 2000 No. 25 s 15\nom 2003 No. 44 s 21\npres s 289 ins 2007 No. 26 s 14\nsub 2008 No. 22 s 37\n(sec.289-ssec.1) On the commencement day, the access rights register becomes the property of the registrar.\n(sec.289-ssec.2) The registrar must ensure that, for each current access right recorded in the access rights register immediately before the commencement day, a notice appears in the relevant register kept under the Land Act 1994 or the Land Title Act 1994 so that a search of the register will show the existence of the access right.","sortOrder":198},{"sectionNumber":"sec.290","sectionType":"section","heading":"Rectification or reinstatement order by the commissioner","content":"### sec.290 Rectification or reinstatement order by the commissioner\n\nAn order made by the commissioner before the commencement day under old section 74, that was in force immediately before the commencement day, continues in force according to its terms as if it had been made by the Land Court.\nIn this section—\nold means as in force before the commencement day.\ns 290 prev s 290 ins 2000 No. 25 s 15\nom 2003 No. 44 s 21\npres s 290 ins 2007 No. 26 s 14\nsub 2008 No. 22 s 37\n(sec.290-ssec.1) An order made by the commissioner before the commencement day under old section 74, that was in force immediately before the commencement day, continues in force according to its terms as if it had been made by the Land Court.\n(sec.290-ssec.2) In this section— old means as in force before the commencement day.","sortOrder":199},{"sectionNumber":"ch.9-pt.3","sectionType":"part","heading":"Provisions relating to the commissioner","content":"# Provisions relating to the commissioner","sortOrder":200},{"sectionNumber":"sec.291","sectionType":"section","heading":"Commissioner","content":"### sec.291 Commissioner\n\nOn the commencement day, the commissioner goes out of office.\nNo compensation is payable to the commissioner because of subsection (1).\ns 291 prev s 291 ins 2000 No. 25 s 15\nom 2003 No. 44 s 21\npres s 291 ins 2007 No. 26 s 14\nsub 2008 No. 22 s 37\n(sec.291-ssec.1) On the commencement day, the commissioner goes out of office.\n(sec.291-ssec.2) No compensation is payable to the commissioner because of subsection (1).","sortOrder":201},{"sectionNumber":"sec.292","sectionType":"section","heading":"Agreements and legal proceedings","content":"### sec.292 Agreements and legal proceedings\n\nAn agreement or arrangement in force immediately before the commencement day, between the commissioner and another entity, is taken to be an agreement or arrangement between the State and the entity.\nA proceeding that could have been started or continued by or against the commissioner before the commencement day may be started or continued by or against the State.\ns 292 prev s 292 ins 2000 No. 25 s 15\nom 2003 No. 44 s 21\npres s 292 ins 2007 No. 26 s 14\nsub 2008 No. 22 s 37\n(sec.292-ssec.1) An agreement or arrangement in force immediately before the commencement day, between the commissioner and another entity, is taken to be an agreement or arrangement between the State and the entity.\n(sec.292-ssec.2) A proceeding that could have been started or continued by or against the commissioner before the commencement day may be started or continued by or against the State.","sortOrder":202},{"sectionNumber":"sec.293","sectionType":"section","heading":"Assets and liabilities","content":"### sec.293 Assets and liabilities\n\nOn the commencement day, an asset or liability of the commissioner, in the commissioner’s capacity as commissioner under this Act, immediately before the commencement day becomes an asset or liability of the State.\ns 293 prev s 293 ins 2000 No. 25 s 15\nom 2003 No. 44 s 21\npres s 293 ins 2008 No. 22 s 37","sortOrder":203},{"sectionNumber":"sec.294","sectionType":"section","heading":"Employees","content":"### sec.294 Employees\n\nA person’s employment by the commissioner immediately before the commencement day is, on the commencement day, taken to be lawfully terminated under the Industrial Relations Act 1999 .\nThe person has the rights given to an employee whose employment has been lawfully terminated under that Act.\nThe rights given to the person may be exercised against the State as if the State had been the employer who terminated the person’s employment.\ns 294 prev s 294 ins 2000 No. 25 s 15\nom 2003 No. 44 s 21\npres s 294 ins 2008 No. 22 s 37\n(sec.294-ssec.1) A person’s employment by the commissioner immediately before the commencement day is, on the commencement day, taken to be lawfully terminated under the Industrial Relations Act 1999 .\n(sec.294-ssec.2) The person has the rights given to an employee whose employment has been lawfully terminated under that Act.\n(sec.294-ssec.3) The rights given to the person may be exercised against the State as if the State had been the employer who terminated the person’s employment.","sortOrder":204},{"sectionNumber":"sec.295","sectionType":"section","heading":"Exempt documents","content":"### sec.295 Exempt documents\n\nA document to which section 271 applied immediately before the commencement day continues to be exempt matter under the Freedom of Information Act 1992 .\ns 295 prev s 295 ins 2000 No. 25 s 15\nom 2003 No. 44 s 21\npres s 295 ins 2008 No. 22 s 37","sortOrder":205},{"sectionNumber":"ch.9-pt.4","sectionType":"part","heading":"Appeals","content":"# Appeals","sortOrder":206},{"sectionNumber":"sec.296","sectionType":"section","heading":"Appeal to Magistrates Court","content":"### sec.296 Appeal to Magistrates Court\n\nThis section applies in relation to a decision of the commissioner, made before the commencement day, from which a person had a right of appeal under section 234 before the commencement day.\nThe appeal may be started or continued on or after the commencement day and, for that purpose—\nsection 234, as in force before the commencement day, continues to apply; and\nthe chief executive is the respondent in place of the commissioner.\ns 296 prev s 296 ins 2000 No. 25 s 15\nom 2003 No. 44 s 21\npres s 296 ins 2008 No. 22 s 37\n(sec.296-ssec.1) This section applies in relation to a decision of the commissioner, made before the commencement day, from which a person had a right of appeal under section 234 before the commencement day.\n(sec.296-ssec.2) The appeal may be started or continued on or after the commencement day and, for that purpose— section 234, as in force before the commencement day, continues to apply; and the chief executive is the respondent in place of the commissioner.\n- (a) section 234, as in force before the commencement day, continues to apply; and\n- (b) the chief executive is the respondent in place of the commissioner.","sortOrder":207},{"sectionNumber":"sec.297","sectionType":"section","heading":"Appeal to Land Court","content":"### sec.297 Appeal to Land Court\n\nThis section applies in relation to a decision of the commissioner made before the commencement day under section 65 or 72(3).\nAn appeal against the decision may be started or continued on or after the commencement day and, for that purpose—\nsection 235, as in force before the commencement day, continues to apply; and\nthe chief executive is the respondent in place of the commissioner.\ns 297 prev s 297 ins 2000 No. 25 s 15\nom 2003 No. 44 s 21\npres s 297 ins 2008 No. 22 s 37\n(sec.297-ssec.1) This section applies in relation to a decision of the commissioner made before the commencement day under section 65 or 72(3).\n(sec.297-ssec.2) An appeal against the decision may be started or continued on or after the commencement day and, for that purpose— section 235, as in force before the commencement day, continues to apply; and the chief executive is the respondent in place of the commissioner.\n- (a) section 235, as in force before the commencement day, continues to apply; and\n- (b) the chief executive is the respondent in place of the commissioner.","sortOrder":208},{"sectionNumber":"sec.299","sectionType":"section","heading":null,"content":"### Section sec.299\n\ns 299 ins 2000 No. 25 s 15\nom 2003 No. 44 s 21","sortOrder":209},{"sectionNumber":"sec.300","sectionType":"section","heading":null,"content":"### Section sec.300\n\ns 300 ins 2000 No. 25 s 15\nom 2003 No. 44 s 21","sortOrder":210},{"sectionNumber":"sec.301","sectionType":"section","heading":null,"content":"### Section sec.301\n\ns 301 ins 2000 No. 25 s 15\nom 2003 No. 44 s 21","sortOrder":211},{"sectionNumber":"sec.302","sectionType":"section","heading":null,"content":"### Section sec.302\n\ns 302 ins 2000 No. 25 s 15\nom 2003 No. 44 s 21","sortOrder":212},{"sectionNumber":"ch.9-pt.5","sectionType":"part","heading":null,"content":"","sortOrder":213},{"sectionNumber":"sec.303","sectionType":"section","heading":null,"content":"### Section sec.303\n\ns 303 ins 2000 No. 25 s 15\nom 2003 No. 44 s 21","sortOrder":214},{"sectionNumber":"sec.304","sectionType":"section","heading":null,"content":"### Section sec.304\n\ns 304 ins 2000 No. 25 s 15\nom 2003 No. 44 s 21","sortOrder":215},{"sectionNumber":"sec.305","sectionType":"section","heading":null,"content":"### Section sec.305\n\ns 305 ins 2000 No. 25 s 15\nom 2003 No. 44 s 21","sortOrder":216},{"sectionNumber":"sec.306","sectionType":"section","heading":null,"content":"### Section sec.306\n\ns 306 amd 2000 No. 25 s 3 (1) sch 1 (incl in orig ch 10 , pt 1 , div 1 )\nom 2004 No. 3 s 27","sortOrder":217},{"sectionNumber":"sec.307","sectionType":"section","heading":null,"content":"### Section sec.307\n\ns 307 om 2004 No. 3 s 27 (incl in orig ch 10 , pt 1 , div 2 )","sortOrder":218},{"sectionNumber":"sec.308","sectionType":"section","heading":null,"content":"### Section sec.308\n\ns 308 om 2004 No. 3 s 27 (incl in orig ch 10 , pt 1 , div 2 )","sortOrder":219},{"sectionNumber":"sec.309","sectionType":"section","heading":null,"content":"### Section sec.309\n\ns 309 om 2004 No. 3 s 27 (incl in orig ch 10 , pt 1 , div 2 )","sortOrder":220},{"sectionNumber":"sec.310","sectionType":"section","heading":null,"content":"### Section sec.310\n\ns 310 om 2004 No. 3 s 27 (incl in orig ch 10 , pt 1 , div 3 )","sortOrder":221},{"sectionNumber":"sec.311","sectionType":"section","heading":null,"content":"### Section sec.311\n\ns 311 amd 2000 No. 25 s 3 (1) sch 1 (retro) (incl in orig ch 10 , pt 1 , div 3 )\nom 2004 No. 3 s 27","sortOrder":222},{"sectionNumber":"sec.312","sectionType":"section","heading":null,"content":"### Section sec.312\n\ns 312 om 2004 No. 3 s 27 (incl in orig ch 10 , pt 1 , div 3 )","sortOrder":223},{"sectionNumber":"sec.313","sectionType":"section","heading":null,"content":"### Section sec.313\n\ns 313 om 2004 No. 3 s 27 (incl in orig ch 10 , pt 1 , div 4 )","sortOrder":224},{"sectionNumber":"sec.314","sectionType":"section","heading":null,"content":"### Section sec.314\n\ns 314 om 2004 No. 3 s 27 (incl in orig ch 10 , pt 1 , div 4 )","sortOrder":225},{"sectionNumber":"sec.315","sectionType":"section","heading":null,"content":"### Section sec.315\n\ns 315 amd 2000 No. 25 s 3 (1) sch 2 (incl in orig ch 10 , pt 1 , div 4 )\nom 2004 No. 3 s 27","sortOrder":226},{"sectionNumber":"sec.316","sectionType":"section","heading":null,"content":"### Section sec.316\n\ns 316 om 2004 No. 3 s 27 (incl in orig ch 10 , pt 1 , div 4 )","sortOrder":227},{"sectionNumber":"sec.317","sectionType":"section","heading":null,"content":"### Section sec.317\n\ns 317 amd 2000 No. 25 s 3 (1) sch 2 (incl in orig ch 10 , pt 1 , div 4 )\nom 2004 No. 3 s 27","sortOrder":228},{"sectionNumber":"sec.318","sectionType":"section","heading":null,"content":"### Section sec.318\n\ns 318 amd 2000 No. 25 s 3 (1) sch 2 (incl in orig ch 10 , pt 1 , div 5 )\nom 2004 No. 3 s 27","sortOrder":229},{"sectionNumber":"sec.319","sectionType":"section","heading":null,"content":"### Section sec.319\n\ns 319 amd 2000 No. 25 s 3 (1) sch 2 (incl in orig ch 10 , pt 1 , div 5 )\nom 2004 No. 3 s 27","sortOrder":230},{"sectionNumber":"sec.320","sectionType":"section","heading":null,"content":"### Section sec.320\n\ns 320 amd 2000 No. 25 s 3 (1) sch 2 (incl in orig ch 10 , pt 1 , div 5 )\nom 2004 No. 3 s 27","sortOrder":231},{"sectionNumber":"sec.321","sectionType":"section","heading":null,"content":"### Section sec.321\n\ns 321 om 2004 No. 3 s 27 (incl in orig ch 10 , pt 1 , div 5 )","sortOrder":232},{"sectionNumber":"sec.322","sectionType":"section","heading":null,"content":"### Section sec.322\n\ns 322 amd 2000 No. 25 s 3 (1) sch 1 ; 2000 No. 25 s 3 (1) sch 2 (incl in orig ch 10 , pt 1 , div 6 )\nom 2004 No. 3 s 27","sortOrder":233},{"sectionNumber":"sec.323","sectionType":"section","heading":null,"content":"### Section sec.323\n\ns 323 amd 2000 No. 25 s 3 (1) sch 2 (incl in orig ch 10 , pt 1 , div 7 )\nom 2004 No. 3 s 27","sortOrder":234},{"sectionNumber":"sec.324","sectionType":"section","heading":null,"content":"### Section sec.324\n\ns 324 amd 2000 No. 25 s 3 (1) sch 2 (incl in orig ch 10 , pt 1 , div 7 )\nom 2004 No. 3 s 27","sortOrder":235},{"sectionNumber":"sec.325","sectionType":"section","heading":null,"content":"### Section sec.325\n\ns 325 om 2004 No. 3 s 27 (incl in orig ch 10 , pt 1 , div 7 )","sortOrder":236},{"sectionNumber":"sec.326","sectionType":"section","heading":null,"content":"### Section sec.326\n\ns 326 om 2003 No. 44 s 3 sch (incl in orig ch 10 , pt 1 )","sortOrder":237},{"sectionNumber":"sec.327","sectionType":"section","heading":null,"content":"### Section sec.327\n\ns 327 om 2003 No. 44 s 3 sch (incl in orig ch 10 , pt 1 )","sortOrder":238},{"sectionNumber":"sec.328","sectionType":"section","heading":null,"content":"### Section sec.328\n\ns 328 om 2004 No. 3 s 27 (incl in orig ch 10 , pt 1 )","sortOrder":239},{"sectionNumber":"sec.329","sectionType":"section","heading":null,"content":"### Section sec.329\n\ns 329 om 2004 No. 3 s 27 (incl in orig ch 10 , pt 1 )","sortOrder":240},{"sectionNumber":"sec.330","sectionType":"section","heading":null,"content":"### Section sec.330\n\ns 330 om 2004 No. 3 s 27 (incl in orig ch 10 , pt 1 )","sortOrder":241},{"sectionNumber":"sec.331","sectionType":"section","heading":null,"content":"### Section sec.331\n\ns 331 om 2004 No. 3 s 27 (incl in orig ch 10 , pt 1 )","sortOrder":242},{"sectionNumber":"sec.332","sectionType":"section","heading":null,"content":"### Section sec.332\n\ns 332 om 2004 No. 3 s 27 (incl in orig ch 10 , pt 1 )","sortOrder":243},{"sectionNumber":"sec.333","sectionType":"section","heading":null,"content":"### Section sec.333\n\ns 333 ins 2000 No. 25 s 16 (4) (incl in orig ch 10 , pt 1 , div 12 )\nom 2004 No. 3 s 27","sortOrder":244},{"sectionNumber":"sec.334","sectionType":"section","heading":null,"content":"### Section sec.334\n\ns 334 om 2004 No. 3 s 27 (incl in orig ch 10 , pt 1 )","sortOrder":245},{"sectionNumber":"sec.335","sectionType":"section","heading":null,"content":"### Section sec.335\n\ns 335 om 2004 No. 3 s 27 (incl in orig ch 10 , pt 1 )","sortOrder":246},{"sectionNumber":"sec.336","sectionType":"section","heading":null,"content":"### Section sec.336\n\ns 336 om 2004 No. 3 s 27 (incl in orig ch 10 , pt 1 )","sortOrder":247},{"sectionNumber":"sec.337","sectionType":"section","heading":null,"content":"### Section sec.337\n\ns 337 om 2004 No. 3 s 27 (incl in orig ch 10 , pt 1 , div 16 )","sortOrder":248},{"sectionNumber":"sec.338","sectionType":"section","heading":null,"content":"### Section sec.338\n\ns 338 amd 2000 No. 25 s 3 (1) sch 2 (incl in orig ch 10 , pt 1 , div 16 )\nom 2004 No. 3 s 27","sortOrder":249},{"sectionNumber":"sec.339","sectionType":"section","heading":null,"content":"### Section sec.339\n\ns 339 om 2004 No. 3 s 27 (incl in orig ch 10 , pt 1 , div 16 )","sortOrder":250},{"sectionNumber":"sec.340","sectionType":"section","heading":null,"content":"### Section sec.340\n\ns 340 om 2004 No. 3 s 27 (incl in orig ch 10 , pt 1 , div 16 )","sortOrder":251},{"sectionNumber":"sec.341","sectionType":"section","heading":null,"content":"### Section sec.341\n\ns 341 amd 2000 No. 25 s 3 (1) sch 2 (incl in orig ch 10 , pt 1 , div 16 )\nom 2004 No. 3 s 27","sortOrder":252},{"sectionNumber":"sec.342","sectionType":"section","heading":null,"content":"### Section sec.342\n\ns 342 amd 2000 No. 25 s 3 (1) sch 2 (incl in orig ch 10 , pt 1 , div 16 )\nom 2004 No. 3 s 27","sortOrder":253},{"sectionNumber":"sec.343","sectionType":"section","heading":null,"content":"### Section sec.343\n\ns 343 ins 2000 No. 25 s 16 (5) (incl in orig ch 10 , pt 2 )\nom 2004 No. 3 s 27","sortOrder":254}],"analysis":{"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act's original 1999 scope — which relied heavily on a centralised Sugar Industry Commissioner overseeing statutory arrangements — was substantially transformed by 2004 amendments that replaced the commissioner-administered system with a market-based, contract-driven framework. Further 2015 amendments added detailed mandatory terms about sugar marketing and grower economic interests, expanding the Act's reach into the commercial terms of supply contracts beyond what was originally contemplated. The abolition of the Commissioner's role and its replacement with the Land Court also significantly shifted the institutional landscape from the original design."},"complexity_factors":["Extensive legislative history — most sections have been substituted, amended, or repealed multiple times across amendments in 2000, 2001, 2003, 2004, 2005, 2007, 2008, and 2015, making it difficult to track the current operative law","Many sections are shown only as expired or omitted, requiring the reader to understand what is still in force versus what is historical scaffolding","Complex tiered contract structure with conditional obligations (GEI sugar pricing terms, GEI sugar price exposure terms, GEI sugar marketing terms) that cascade depending on what parties agree or don't agree","Interaction with multiple other Acts including Commercial Arbitration Act 2013, Land Act 1994, Land Title Act 1994, Transport Infrastructure Act 1994, Native Title Act 1993 (Cwlth), Local Government Act 2009, Industrial Relations Act 1999, and Freedom of Information Act 1992","Dual arbitration framework — one for pre-contract disputes (s 33A) and one for disputes during an existing contract (s 34), with overlapping but distinct rules","Transitional provisions spanning multiple 'commencement days' as different reform packages took effect, with old and new versions of sections operating in parallel for different purposes","Native title considerations adding a federal law dimension to what is otherwise a state commercial regulatory scheme","Grower economic interest (GEI) sugar marketing provisions involve complex financial concepts (price exposure, on-supply sugar, GEI sugar) requiring industry knowledge to fully understand"],"plain_english_summary":"## Queensland's Sugar Industry Act 1999\n\n**What is this law about?**\n\nThis is a Queensland law that regulates the sugar industry — specifically the relationship between **sugar cane farmers (growers)** and **sugar mill owners** in Queensland. It sets out the rules for how cane is supplied to mills, how farmers get paid, and what happens when disputes arise.\n\n**Who does it affect?**\n\n- **Sugar cane farmers/growers** who supply cane to mills\n- **Sugar mill owners** who process the cane\n- **Landholders** whose land may be needed for cane transport (railways, roads)\n- **Third parties** like harvesting contractors, ethanol producers, and cane transporters\n\n**What does it actually do?**\n\n### 1. Supply Contracts (the main deal between farmers and mills)\nFrom 1 January 2006, every grower must have a written **supply contract** with a mill owner before they can deliver cane. These contracts can be:\n- **Individual** (one farmer, one mill), or\n- **Collective** (a group of farmers negotiating together, potentially using a representative)\n\nContracts must include:\n- How much the farmer gets paid (linked to the price the mill gets when it sells the sugar)\n- Who bears the financial risk if sugar prices move up or down\n- Importantly: farmers have the right to **nominate who sells their portion of the sugar** — a major protection for growers against being exploited by mill-owned marketing entities\n\n### 2. Dispute Resolution\nIf a farmer and mill can't agree on contract terms after at least 10 business days of negotiating, either party can force the dispute to **arbitration** (a binding private court process). Contracts must also include their own dispute resolution processes. Importantly, \"final offer arbitration\" (a take-it-or-leave-it style process) is **banned** — protecting farmers from being pressured into bad deals.\n\n### 3. Land Access for Cane Transport\nMill owners and farmers may need to cross other people's land to harvest and transport cane. The law provides two ways to get access:\n- A **permit to pass** (temporary permission to cross land)\n- A **cane railway easement** (a permanent right to run a railway over someone's land)\n\nIf a landholder won't agree, the **Land Court** (a specialist Queensland court) can grant access — but only if the applicant genuinely tried to negotiate first and the access doesn't harm native title rights. Landholders are entitled to fair compensation.\n\n### 4. Transitional Provisions (winding up old rules)\nThe Act extensively manages the **transition from the old regulatory system** (overseen by a \"Sugar Industry Commissioner\") to the new contract-based system. The Commissioner's role was abolished, with its functions transferred to the Land Court and the State. Old access rights and decisions carried over.\n\n**Why does it matter?**\n\nThe sugar industry is economically significant in regional Queensland. This law protects farmers — who are often in a weaker bargaining position than large mill owners — by requiring written contracts, mandating fair payment terms, giving farmers a say in who markets their sugar, and providing a fair dispute resolution pathway. It also ensures mill owners can access the land they need to operate efficiently."},"issue_detection":{"absurdities":[{"type":"circular_definition","section":"sec.27","severity":"medium","reasoning":"Section 27 is cited as the authority for the expiry of sections 7 through 27, including section 27 itself. This creates a circular self-reference: section 27 expires by virtue of section 27. Once section 27 expires, the legal basis for its own expiry — and potentially the expiry of all sections referencing it — becomes logically undermined. It is a classic self-eating provision.","confidence":0.85,"description":"Section 27 contains its own expiry date, referencing itself for that date ('exp 31 December 2005 (see s 27)'). The provision that causes sections 7–27 to expire is itself subject to expiry under the very provision it creates — a self-referential expiry clause."},{"type":"circular_definition","section":"sec.283A","severity":"medium","reasoning":"Sections 281, 282, 283 and 283A all expire by reference to section 283A, including section 283A itself. The provision providing the expiry date is itself subject to that same expiry, creating a logical circularity identical to the s 27 issue.","confidence":0.85,"description":"Section 283A similarly expires by reference to itself ('exp 30 September 2009 (see s 283A)'), repeating the same self-referential expiry flaw as section 27."},{"type":"self_contradicting","section":"sec.33A(2) and sec.33A(3)","severity":"low","reasoning":"Subsection (2) creates a deemed agreement (the referral agreement) automatically upon expiry of the negotiation period. Subsection (3) then separately contemplates an act of referral to arbitration by a party. If the referral agreement is automatically deemed to exist under (2), then the conditional 'if' in (3) is superfluous. Conversely, if (3) requires a positive act of referral, then (2)'s automatic deeming is incomplete. The subsections do not clearly demarcate their respective roles.","confidence":0.65,"description":"Section 33A(2) deems the parties to have made a 'referral agreement' to arbitrate, while section 33A(3) separately provides that the Commercial Arbitration Act 2013 applies 'if the grower or mill owner refers a dispute to arbitration'. The two subsections establish overlapping and potentially redundant pathways to the same arbitration, creating ambiguity about which triggers the process and whether both can operate simultaneously."},{"type":"self_contradicting","section":"sec.33B(2)(b), (c), (d), (e)","severity":"medium","reasoning":"Section 33B(2) states the supply contract 'must include each of the following', but paragraphs (b), (c)(i)-(ii), (d)(ii) are each qualified by 'unless the grower and mill owner otherwise agree'. The mandatory framing ('must include') is directly contradicted by the permissive opt-out available at every substantive level. The only truly mandatory term is the basic cane payment in (a). The legislative assertion of a mandatory framework is undermined by the breadth of the opt-out.","confidence":0.75,"description":"The cascading conditional structure of section 33B(2) creates a chain of obligations each dependent on the prior term being included, but then gives parties the right to 'otherwise agree' at each level. This means parties can agree out of virtually every mandatory term, rendering the provision's mandatory language ('must include') functionally illusory for all terms except the basic cane payment in (a)."},{"type":"other","section":"sec.37(2)","severity":"low","reasoning":"The purpose of prohibiting final offer arbitration is to prevent a rigid 'all-or-nothing' resolution mechanism. However, the definition in s 37(2)(e) contemplates a scenario where only one final offer is made and the arbitrator 'may' (not 'must') accept it. If the arbitrator declines to accept the only offer, there is no mechanism to resolve the dispute under this pathway, producing an outcome worse than the process being prohibited.","confidence":0.6,"description":"Section 37(2)(d) defines final offer arbitration as a process where 'an arbitrator...can make a decision only by choosing 1 of the offers', but subsection (2)(d) read with (2)(e) creates an absurdity: if only one party submits a final offer, the arbitrator 'may accept the offer' — meaning the arbitrator has a discretion not to accept the only offer available, leaving the dispute unresolved through a process that was supposed to resolve it."},{"type":"other","section":"sec.294","severity":"low","reasoning":"While this is a not uncommon transitional mechanism, the logical structure is that the Act both causes the termination and then imposes on the State the full suite of statutory obligations that flow from it, as if the State had chosen to terminate employment. The State is made retrospectively liable for a decision it did not make in the ordinary employment sense.","confidence":0.55,"description":"Section 294 deems commissioner employees' employment to be 'lawfully terminated' on the commencement day, but then provides that the terminated employees have all the rights of an employee whose employment was lawfully terminated — including presumably rights to notice, redundancy pay and unfair dismissal protections — exercisable against the State. The provision simultaneously terminates employment and preserves all the rights that flow from that termination, creating a situation where the State incurs all the liabilities of a mass redundancy by legislative fiat without any prior procedure."}],"contradictions":[{"severity":"medium","section_a":"sec.31(1)","section_b":"sec.33(5)","confidence":0.7,"description":"Section 31(1) requires a grower to have 'a supply contract' with a mill owner for a crushing season, implying a single governing contract. Section 33(5) permits a grower to be a party to more than one collective contract simultaneously. If a grower has multiple collective contracts with the same mill owner for the same season, it is unclear which contract governs 'the supply' under s 31(1), and whether multiple overlapping contracts for the same season are permissible or internally inconsistent."},{"severity":"low","section_a":"sec.34(1)","section_b":"sec.33A(9)","confidence":0.5,"description":"Section 34(4) (under the dispute resolution division for existing supply contracts) provides that each party must bear their own costs of arbitration. Section 33A(9) (for pre-contractual arbitration of disputed terms) contains an identical own-costs rule. While consistent in outcome, the duplication across two separate arbitration regimes — one for formation disputes and one for performance disputes — creates ambiguity about whether the costs rules in each regime are intended to be exhaustive of costs for that regime, or whether one might be interpreted as modifying the other in overlapping scenarios."},{"severity":"medium","section_a":"sec.33B(2)(d)","section_b":"sec.33B(3)","confidence":0.65,"description":"Section 33B(2)(d) states that if a GEI sugar price exposure term is included, the contract must (unless otherwise agreed) provide for a GEI sugar marketing term and for the grower to nominate the GEI sugar marketing entity. Section 33B(3) then states that subsection (2)(d) 'does not apply if the supply contract states that the mill owner will sell the on-supply sugar.' However, subsection (2)(d)(i) — which requires the mill owner to have an agreement with a stated entity — would logically be satisfied if the mill owner is itself the seller. The carve-out in (3) thus appears to exempt more than is logically necessary, potentially removing grower nomination rights in circumstances where the policy rationale (protecting grower economic interest) still applies."},{"severity":"low","section_a":"sec.63(4)","section_b":"sec.285(2)","confidence":0.72,"description":"Section 63(4) mandatorily requires that a permit to pass 'must state the period for which it has effect'. Section 285(2) provides a transitional exception for pre-commencement permits that do not state a period, deeming them to have effect until cancelled. These provisions are not contradictory in isolation but together reveal that the Act contemplates the ongoing validity of permits that fail to comply with s 63(4)'s mandatory requirement, effectively creating a two-tiered regime where the mandatory requirement applies only to new permits."}]},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The text shows a shift from administrative regulation by a Sugar Industry Commissioner and non‑contract arrangements to a contract‑centric regime with judicial oversight and statutory access rights. Part 2 makes written supply contracts mandatory for growers supplying mills and prescribes contract content and arbitration procedures (s.29–s.35, s.33A, s.33B). Part 4 creates statutory access rights (permits to pass and cane railway easements) enforceable by the Land Court with specific compensation rules and registration requirements (s.63–s.75, s.68, s.70–71). Transitional provisions transfer the commissioner’s powers, outstanding applications and registers to the Land Court and the State (ch.9, notably s.286–s.293, s.287). These provisions change the institutional and legal route for resolving disputes, allocating risk and authorising access compared with the pre‑commencement arrangements described in the transitional chapters."},"complexity_factors":["Multiple interlocking regimes: supply‑contract rules (pt.2) interact with access‑rights rules (pt.4) and transitional provisions (ch.9), requiring cross‑references (see s.29, s.31, s.63, ch.9).","Cross‑Act dependencies: arbitration references the Commercial Arbitration Act 2013; access registration refers to the Land Act 1994 and Land Title Act 1994; transport works are subject to the Transport Infrastructure Act (see s.33A(2), s.70(3), s.71(3), s.75(2)).","Detailed allocation of commercial risk and specified contract content, including optional vs mandatory terms (GEI pricing/marketing), which increases drafting and negotiation complexity (see s.33B).","Multiple dispute pathways with limits and prohibitions (statutory referral to arbitration, prohibition of final‑offer arbitration) and cost‑allocation rules (see s.33A, s.34, s.37).","Land Court jurisdiction and discretionary powers over access‑rights grants, compensation, conditions and reinstatement create case‑by‑case factual inquiries (see s.65, s.68, s.73, s.74).","Notification, registration and penalty mechanics (28‑day time limits, registrar duties) add procedural compliance steps for private parties (see s.70–71).","Transitional and savings provisions moving commissioner functions, assets, liabilities and proceedings to the State and Land Court add legal complexity for existing matters (ch.9, notably s.286–s.293, s.287)."],"plain_english_summary":"What this law does, mechanically\n\n- Requires growers to have a written supply contract with a mill owner to supply cane for any crushing season (individual or collective contracts are allowed) (see s.31–s.33). Collective groups can appoint a bargaining representative to negotiate on behalf of members (s.33(3)).\n\n- Sets mandatory content and dispute procedures for those contracts. Contracts must state how growers are paid for cane (the \"cane payment\") and, unless the parties agree otherwise, may link that payment to the sale price of the sugar produced from their cane (a \"related sugar pricing term\") (s.33B(2)(a)–(b)). If growers bear some of the sale-price exposure (a GEI sugar price exposure term), the contract must provide for how the on-supply sugar is marketed and sold (s.33B(2)(c)–(e)). Contracts must set out a dispute resolution process including arbitration and the parties must use it (s.34(1)–(2)).\n\n- Provides a specific arbitration pathway when contract negotiations stall: if a grower gives a mill owner a written notice requiring reasonable negotiation for at least 10 business days and a term remains disputed at the end of that period, the parties are treated as having agreed to refer that dispute to arbitration under the Commercial Arbitration Act 2013. The arbitral tribunal may decide the disputed term, and each party bears its own arbitration costs (s.33A(1)–(3), (5), (9)). The law prohibits \"final offer\" arbitration or substantially similar procedures (s.37).\n\n- Establishes two property-access mechanisms to get cane harvested and moved to mills: a permit to pass and a cane railway easement (s.63). A landholder may grant those rights by agreement (s.64) or, if no agreement is reached, the applicant may apply to the Land Court for the right (s.65). The Land Court may attach reasonable conditions and must consider native title consent where relevant (s.65(5)).\n\n- Sets out compensation and remedies connected to access rights. If parties cannot agree on compensation for a granted access right, the Land Court can decide the amount, taking into account changes in land value, loss or damage and related matters (s.68). The Land Court can also decide compensation when an access right is varied or cancelled (s.73) and may order rectification or reinstatement of land (s.74). Orders of the Land Court under this part can be filed in the Supreme Court and enforced as Supreme Court orders (s.74A).\n\n- Requires notification and registration steps for access events: within 28 days of granting, variation, relinquishment or cancellation of a permit or easement the grantee must notify the registrar and provide documents; the registrar must make a notice appear on the relevant land register (Land Act or Land Title Act) (s.70–71). Failure to comply attracts a penalty (s.70(2), s.71(2)).\n\n- Gives mill owners specific operational rights on land where they hold access rights, including construction and use of cane railways or roads and related equipment, subject to local or state transport law constraints (s.75(1)–(2)). It also allows affected persons to seek Land Court orders to restrain obstruction and recover loss from obstructing parties (s.75(3)–(5)).\n\n- Provides transitional arrangements replacing the Sugar Industry Commissioner role with Land Court and State responsibilities: pre-existing access rights, commissioner orders and ongoing applications continue but are treated as if dealt with by the Land Court or State; assets, liabilities and agreements of the commissioner transfer to the State; employees of the commissioner are treated as lawfully terminated with statutory rights (ch.9, notably s.286–s.294, s.292–s.293).\n\nWhy it matters (official purpose and tested mechanics)\n\n- The stated purpose of Part 2 is to ensure supply of cane and payment to growers are governed by supply contracts (s.29). Mechanically, that replaces or supplements earlier non-contract arrangements by making written contracts mandatory and describing required content (s.31–s.35, s.33B).\n\n- The law shifts key allocation of commercial risk and control into contract terms. For example, the contract can allocate sale-price exposure between mill owner and grower and must address who markets the sugar (s.33B(2)(c)–(e)). That changes who bears price risk and who controls marketing decisions once the parties agree those terms or an arbitral tribunal decides disputed terms (s.33A(10)).\n\n- The Land Court is given central decision‑making power for compulsory access rights (s.65) and for compensation disputes (s.68, s.73). Administrative enforcement of Land Court orders is routed through the Supreme Court registry (s.74A).\n\nWho pays, who decides, and what behaviour changes\n\n- Who pays: each party bears its own arbitration costs (s.33A(9), s.34(4)); compensation for access rights is payable by the grantee to the landholder where ordered (s.68(3)–(6), s.73(3)–(4)); the Land Court may order payments towards costs of using a permit or compensation for significant detriment (s.68(6)). Failure to notify registrar of access events carries a statutory penalty (s.70(2), s.71(2)).\n\n- Who decides: mill owners and growers negotiate contract terms, but where a negotiation notice and dispute lead to arbitration the arbitral tribunal decides the disputed term (s.33A(2)–(3), (5)); the Land Court decides whether to grant access rights when no agreement is reached (s.65), imposes conditions, decides compensation and may order reinstatement (s.65, s.68, s.73, s.74). The registrar records access events in land registers (s.70–71).\n\n- Behaviour changes required: growers must not supply cane to a mill without a signed supply contract for the season (s.31(1), (5)); parties must include an agreed dispute-resolution process including arbitration in supply contracts and use it (s.34(1)–(2)); grantees of access rights must notify registrars within 28 days and comply with registration processes (s.70–71); where negotiations stall a grower can trigger arbitration by giving a statutory negotiation notice and, if a term remains disputed, refer it to arbitration (s.33A(1)).\n\nCompliance burden, discretion and trade-offs (mechanisms rather than judgments)\n\n- Compliance burden: obliges written, signed contracts for every grower supplying a mill each season (s.31) and requires specific contract terms if pricing is linked to on-supply sugar (s.33B). Grantees must file notices and documents with registrars within 28 days of access events (s.70–71), and parties must follow prescribed dispute procedures (s.34). These steps create administrative, negotiation and possible arbitration costs.\n\n- Bureaucratic and judicial discretion: the Land Court has discretion to grant access rights when voluntary agreement fails, to impose conditions (s.65(6)), to decide just compensation with a wide list of factors (s.68(4), s.73(4)), and to order rectification of land (s.74). The registrar has duties to record access events (s.70–71). The arbitration tribunal’s statutory power is limited to deciding the disputed term(s) (s.33A(5)).\n\n- Interactions with other statutes: arbitration is conducted under the Commercial Arbitration Act 2013 (s.33A(2)–(3), (4)); access-right registrations and some approvals are subject to provisions in the Land Act 1994 and the Land Title Act 1994 (s.70(3), s.71(3)–(4)); construction and use of roads and railways are subject to the Transport Infrastructure Act and local laws where applicable (s.63(7), s.75(2)). Native title issues are explicitly addressed (s.65(5)). These cross-references create practical dependencies on other administrative processes and timeframes.\n\nRisk and trade-offs visible in the text\n\n- Allocation of price risk and marketing control is moved into contract terms and arbitration outcomes (s.33B, s.33A). That concentrates commercial leverage in negotiated contract terms; if bargaining is unequal the contract outcome will reflect that bargaining or an arbitral decision.\n\n- Granting mill owners statutory rights to construct and operate railways or roads on and across land where they hold access rights (subject to other law) gives infrastructure control to those who hold access rights but creates potential impacts on landholders, who are protected by compensation and Land Court oversight (s.75, s.68).\n\n- The transitional provisions shift decision-making, records and liabilities from the commissioner to the Land Court and the State (ch.9, notably s.286–s.293), which changes the institutional channel for disputes and enforcement.\n\nBottom line, mechanically: the statute makes written supply contracts the default legal vehicle for cane supply and payment, prescribes required terms for pricing and marketing links, establishes a statutory arbitration route for unresolved contract terms and creates statutory access rights to enable harvest and transport of cane with Land Court oversight, compensation rules and registration requirements (see s.29–s.35, s.33A, s.33B, s.63–s.75, s.70–s.74A)."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has evolved significantly from its original 1999 form. The original Act established a Sugar Industry Commissioner with broad regulatory powers over the industry. The 2004 amendments (Sugar Industry Reform Act) fundamentally restructured the regime, removing heavy regulation in favour of contract-based arrangements. The 2008 amendments abolished the Commissioner entirely, transferring functions to the Land Court. The 2015 amendments (Sugar Industry (Real Choice in Marketing) Amendment Act) introduced mandatory arbitration for contract disputes and specific provisions about sugar marketing rights (GEI sugar), significantly expanding the Act's intervention in commercial negotiations between growers and millers. What began as industry-wide economic regulation has become a framework for individual contract negotiation with specific consumer-protection-style mechanisms for grower marketing choice."},"complexity_factors":["Extensive amendment history with multiple restructures (2004, 2008, 2015 amendments significantly rewrote the Act)","Numerous repealed and transitional provisions (Chapter 9 contains complex transitional arrangements for the abolition of the Sugar Industry Commissioner)","Cross-references to external legislation including the Commercial Arbitration Act 2013, Land Act 1994, Land Title Act 1994, Transport Infrastructure Act 1994, and Native Title Act 1993","Defined terms with nested definitions (e.g., 'GEI sugar marketing term', 'grower economic interest sugar', 'interested third party')","Conditional logic in contract requirements (e.g., section 33B has cascading 'if/then' requirements for contract terms depending on whether related sugar pricing terms and GEI terms are included)","Arbitration provisions that modify standard commercial arbitration rules (parties bear own costs, restrictions on final offer arbitration)","Dual pathways for land access (voluntary agreement vs. Land Court application with native title considerations)"],"plain_english_summary":"This legislation governs how sugar cane is supplied from farmers (growers) to sugar mills in Queensland. It establishes a framework for **supply contracts** between growers and mill owners, ensuring that the terms of cane supply and payment are properly documented and enforceable.\n\n**Key things the Act does:**\n\n- **Requires written contracts**: Growers cannot supply cane to a mill without a signed supply contract covering the crushing season (the period when cane is harvested and processed).\n- **Allows two types of contracts**: \n  - *Individual contracts* between a single grower and a mill owner\n  - *Collective contracts* where groups of growers band together to negotiate with a mill owner, using a **bargaining representative** (someone authorised to negotiate on their behalf)\n- **Mandates specific contract terms**: Contracts must include terms about how growers are paid, including provisions that link payments to the sale price of the processed sugar (**on-supply sugar**). Growers can nominate who sells their share of the sugar (**grower economic interest sugar** or GEI sugar).\n- **Provides arbitration for disputes**: If growers and mill owners can't agree on contract terms, either party can trigger arbitration under the *Commercial Arbitration Act 2013* to resolve the dispute. The arbitrator can decide the disputed terms, which then become part of the contract.\n- **Protects grower interests**: The Act prevents mill owners from treating growers unfairly when growers choose their own sugar marketing entity, ensuring growers don't pay unreasonably higher costs.\n- **Manages land access**: The Act creates **access rights** allowing growers and mill owners to cross others' land to harvest and transport cane. These include:\n  - *Permits to pass* (temporary access)\n  - *Cane railway easements* (permanent rights for railway lines)\n  - If landowners refuse access, the Land Court can grant these rights with compensation.\n- **Winding up old arrangements**: The Act abolished the Sugar Industry Commissioner role (transferred to the Land Court) and contains transitional provisions for existing contracts and access rights.\n\n**Who it affects:** Queensland sugar cane growers, mill owners, harvesting contractors, transport operators, and landowners near cane farms.\n\n**Why it matters:** It balances power between individual farmers and large milling companies by allowing collective bargaining, ensures transparent pricing mechanisms, and provides dispute resolution pathways. It also facilitates the physical logistics of getting cane from farms to mills through regulated land access rights."}},"importantCases":[],"_links":{"self":"/api/acts/sugar-industry-act-1999","history":"/api/acts/sugar-industry-act-1999/history","analysis":"/api/acts/sugar-industry-act-1999/analysis","conflicts":"/api/acts/sugar-industry-act-1999/conflicts","importantCases":"/api/acts/sugar-industry-act-1999/important-cases","documents":"/api/acts/sugar-industry-act-1999/documents"}}