INDUSTRIAL DEVELOPMENT ACT 1963 Reprinted as in force on 1 January 2012 Reprint No. 3E [../images/IndustDevA63-3.gif] TABLE OF PROVISIONS Contents 1. Short title 2. Dictionary 3. Corporation of the Minister 4. Functions of the corporation 5. General powers of the corporation 6. Sale of surplus land 7. Delegations 8. Security 9. Corporation may provide land for industrial purpose 10. Estates Construction Fund 11. Declaration that corporation is statutory body 12. Regulation-making power 13. Existing arrangements 14. Transitional provision for funds—Industrial Development Amendment Act 1998 SCHEDULE -- DICTIONARY Endnotes - LONG TITLE An Act relating to industrial development 1 Short title This Act may be cited as the Industrial Development Act 1963. 2 Dictionary The dictionary in the schedule defines particular words used in this Act. 3 Corporation of the Minister (1) Subject to this section the corporation sole by the name of the Minister of Industries Assistance (the corporation) constituted under the provisions repealed by this Act of the Labour and Industry Act 1946 is hereby preserved, continued in existence and constituted under this Act. (2) On and from the date of the commencement of this Act— (a) the name of the corporation shall be the Minister for Industrial Development of Queensland; and (b) the Minister for Industrial Development in office at such date shall constitute the corporation in succession to the then Minister for Labour and Industry and thereafter the corporation shall be constituted in perpetual succession by the persons respectively who are successively the Minister administering this section. (3) The corporation shall be a corporation sole by the name of the Minister for Industrial Development of Queensland, and by that name shall have perpetual succession and an official seal, and shall be capable in law of suing and being sued in its corporate name. (4) All courts, judges and persons acting judicially shall take judicial notice of the seal of the corporation affixed to any document or other writing whatsoever and, until the contrary is proved, shall presume that such seal was duly so affixed. (5) For all purposes of this Act the corporation shall have and may exercise all or any of the powers, privileges, rights and remedies of the Crown. (6) Subsection (5) applies so as not to exempt the corporation from any liability in respect of rates or charges or land tax for which a mortgagee of land is liable under the Local Government Act 2009, or, in respect of the City of Brisbane the City of Brisbane Act 2010, or under the Land Tax Act 2010 or the repealed Land Tax Act 1915. 4 Functions of the corporation (1) The primary function of the corporation is to deal in land to facilitate the use of land for industrial purposes. (2) The functions of the corporation also include— (a) dealing in other property to facilitate the use of land or other property for industrial purposes; and (b) providing or contributing to the provision of infrastructure to facilitate the use of land under the corporation's control, including, for example, electricity, gas and water services, and roads; and (c) performing functions given to the corporation under another Act; and (d) performing functions incidental to the corporation's other functions. Examples of performing an incidental function— 1 Disposing of land when it is no longer required for industrial purposes. 2 Leasing land when it is not immediately required for industrial purposes. 5 General powers of the corporation (1) The corporation has all the powers of an individual and may, for example— (a) deal in land or other property; and (b) enter into agreements, arrangements, contracts and deeds; and (c) enter into obligations as a purchaser or seller of a service; and (d) appoint agents and attorneys; and (e) engage consultants and contractors; and (f) contribute to or undertake studies about land in the State that may be used for an industrial purpose; and (g) exercise powers given to it under another Act; and (h) do anything else necessary or convenient to be done, for or in connection with, the performance of its functions. (2) If the corporation deals in land or other property for industrial purposes, the corporation may— (a) lend money, or enter into other financial arrangements, as part of the dealing, including, for example, by providing finance to a purchaser; and (b) enter into instalment contracts or other deferred payment arrangements as a creditor, including, for example, by constructing a research facility for an entity and recovering the costs of its construction by a lease of the facility to the entity; and (c) enter into joint ventures or other cooperative arrangements, with the Governor in Council's approval. (3) However, the corporation may only exercise a power under subsection (2)(a) or (b) if the corporation has considered a matter prescribed under a regulation about lending money, entering into other financial arrangements or entering into instalment contracts or other deferred payment arrangements. (4) If the corporation considers it appropriate for doing anything under subsection (2), the corporation may take any form of security or charge over land or other property. (5) The corporation may charge a fee for dealing in land or other property, providing services or otherwise exercising its powers. (6) The corporation shall not, in respect of anything done or omitted to be done by the corporation or by any person acting under the corporation's authority under the corporation's power under this section to construct roads, be subject to any duty, obligation, liability or responsibility except to the extent to which a local government would be subject to that duty, obligation, liability or responsibility were the act or omission committed by it. (7) Without limiting the power to make regulations under section 12, regulations may be made under that section conferring upon the corporation for the purposes of this section any right, power, protection, privilege or obligation relating to roads had by a local government or by the chief executive (of the department in which the Transport Infrastructure Act 1994 is administered) under the Local Government Act 2009 or the Transport Infrastructure Act 1994. (8) Without limit to the generality of subsection (7), regulations may be made regulating, prohibiting or restricting traffic or any class of traffic upon any road constructed or under construction by the corporation pursuant to this section or upon any part of any such road or confining traffic or any class of traffic to any specified part of any such road. (9) At any time after the completion of the construction of any road constructed by the corporation pursuant to this section the Governor in Council may, by gazette notice, fix a date on and after which the provisions of the Local Government Act 2009 shall apply to the road. (10) On and after the date so fixed— (a) the corporation shall not be subject to any duty, obligation, liability or responsibility whatsoever in respect of the road; and (b) any regulations made pursuant to the provisions of this section shall cease to apply to the road; and (c) the provisions of the Local Government Act 2009 shall apply in respect of the road as if it had been constructed by the local government in the area whereof it is situated. (11) Until the date fixed by the Governor in Council under subsection (9), the Local Government Act 2009 does not apply to a road constructed or under construction pursuant to this section. (12) In this section— power includes legal capacity. 6 Sale of surplus land (1) For the purposes of this section— surplus land means land held by or on behalf of the corporation which has been acquired by the corporation for valuable consideration for the purposes of this Act whether at the material time held in fee simple or surrendered to the Crown and which is not required for carrying out the corporation's functions under this Act. (2) The corporation may, on sound commercial terms, sell any estate in fee simple in surplus land at its market value— (a) by public tender or auction on a cash basis; or (b) by private treaty with a department of the Government of the Commonwealth or of the State or a statutory body constituted under any Act of the Commonwealth or of the State; or (c) in any other way prescribed under a regulation. 7 Delegations (1) The corporation may delegate its powers to the chief executive. (2) The delegation may permit the subdelegation of the power by the chief executive to an appropriately qualified officer or employee of the department. (3) In subsection (2)— appropriately qualified, for an officer or employee to whom a power under this Act may be delegated, includes having the qualifications, experience or standing appropriate to exercise the power. Example of standing— A person's classification level in the department. 8 Security For the purposes of this Act the corporation may hold, until the same can be advantageously disposed of, any property real or personal taken by the corporation or to which the corporation has become entitled as security for or in satisfaction, liquidation, or discharge of any debt owing to it. 9 Corporation may provide land for industrial purpose To help a person obtain land on which to establish and carry on, or expand, an undertaking for an industrial purpose, the corporation may enter into arrangements with a person for the grant to the person of an appropriate lease under the Land Act 1994 of unallocated State land available for the undertaking. 10 Estates Construction Fund (1) The Estates Construction Fund (the fund) is continued in existence subject to the Financial Administration and Audit Act 1977, part 8, division 2. (2) Accounts for the fund must be kept as part of the departmental accounts of the department. (2A) However, amounts received for the fund must be deposited in a departmental financial-institution account of the department used only for amounts received for the fund. (3) The corporation must credit to the fund— (a) amounts paid to the department as part of the department's departmental vote under the Financial Accountability Act 2009 and made available by the department for the fund; and (b) amounts for a lease arranged under section 9, or on the conversion of the lease, that are received by the corporation; and (c) other amounts received by the corporation, including, for example, proceeds from a dealing in land, proceeds from a borrowing and interest on the corporation's funds. (4) The amounts credited to the fund may be applied in payment of any or all of the following— (a) the corporation's costs and expenses in performing its functions; (b) principal and interest for a borrowing; (c) an amount the Minister and the Treasurer direct the corporation, in writing, to pay into the consolidated fund or departmental accounts. (5) In this section— borrowing means a borrowing by the corporation under the Statutory Bodies Financial Arrangements Act 1982, section 34. departmental accounts, of a department, means the accounts of the department under the Financial Accountability Act 2009, section 69. departmental financial-institution account, of a department, means an account of the department kept under the Financial Accountability Act 2009, section 83. 11 Declaration that corporation is statutory body (1) The corporation is a statutory body for the Statutory Bodies Financial Arrangements Act 1982. (2) The Statutory Bodies Financial Arrangements Act 1982, part 2B sets out the way in which the corporation's powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982. 12 Regulation-making power The Governor in Council may make regulations under this Act. 13 Existing arrangements (1) This section applies to an arrangement entered into by the corporation and in existence immediately before the commencement of this section. (2) The arrangement continues to have effect after the commencement. (3) This Act as in force immediately before the commencement continues to apply to the arrangement. (4) In this section— arrangement includes advances, advances by way of loan and guarantees. 14 Transitional provision for funds—Industrial Development Amendment Act 1998 (1) This section applies to each amount that, immediately before the commencement of the Industrial Development Amendment Act 1998, section 13, was the balance credited to each of the following funds— (a) the Assistance to Industries Fund; (b) the Industrial Estates Construction Fund; (c) the Estates Maintenance Fund. (2) The corporation must transfer each of the amounts to the estates construction fund established under section 10. - SCHEDULE -- DICTIONARY ancillary industry includes— (a) an undertaking ancillary to, or associated with, an industry; and (b) an undertaking that provides facilities or services to people employed in an industry located on land dealt with by the corporation. Examples of paragraph (a)— Business, education and training, professional, storage and transport services. Examples of paragraph (b)— Child care centres, education and care service premises, convenience stores, food outlets, public parks and swimming pools and tennis courts. corporation see section 5. deal, in land or other property, includes— (a) acquire, develop, dispose of, hold, lease, license the use or occupation of, manage, sublease and otherwise deal in or with the land or other property, or interests in the land or other property; and (b) if the land or other property is contaminated by a hazardous contaminant—remediate the land or other property. education and care service premises see the Education and Care Services National Law (Queensland), section 5(1). hazardous contaminant see Environmental Protection Act 1994, schedule 4. Editor's note— Environmental Protection Act 1994, schedule 4 is the dictionary and hazardous contaminant is defined in it as follows— hazardous contaminant means a contaminant, other than an item of explosive ordnance, that, if improperly treated, stored, disposed of or otherwise managed, is likely to cause serious or material environmental harm because of— (a) its quantity, concentration, acute or chronic toxic effects, carcinogenicity, teratogenicity, mutagenicity, corrosiveness, explosiveness, radioactivity or flammability; or (b) its physical, chemical or infectious characteristics. industrial purposes means purposes of an industry or ancillary industry. industry includes an undertaking in one or more of the following areas— (a) information technology and communications, including, for example, producing circuit boards; (b) manufacturing, including, for example, textile production and cabinet making; (c) processing or reprocessing, including, for example, aluminium smelting and refining and making herbal medicines; (d) research and development, including, for example, medical and pharmaceutical research and designing aircraft. land means— (a) land; or (b) land and improvements on the land; or (c) improvements on land. remediate land or other property means— (a) rehabilitate the land or other property; or (b) restore the land or other property; or (c) take other action to prevent or minimise serious environmental harm being caused by the hazardous contaminant contaminating the land or other property. serious environmental harm see the Environmental Protection Act 1994, section 17. Editor's note— Environmental Protection Act 1994, section 17 reads as follows— (1) Serious environmental harm is environmental harm (other than environmental nuisance)— (a) that is irreversible, of a high impact or widespread; or (b) caused to an area of high conservation value or special significance; or (c) that causes actual or potential loss or damage to property of an amount of, or amounts totalling, more than the threshold amount; or (d) that results in costs of more than the threshold amount being incurred in taking appropriate action to— (i) prevent or minimise the harm; and (ii) rehabilitate or restore the environment to its condition before the harm. (2) In this section— threshold amount means $50000 or, if a greater amount is prescribed by regulation, the greater amount. - NOTES Page Date to which amendments incorporated 15 Key 16 Table of reprints 16 Tables in earlier reprints 17 List of legislation 17 List of annotations 19 Table of renumbered provisions 23 Transitional and savings provisions 23 This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 1 January 2012. Future amendments of the Industrial Development Act 1963 may be made in accordance with this reprint under the Reprints Act 1992, section 49. Key Explanation Key Explanation AIA = Acts Interpretation Act 1954 (prev) = previously amd = amended proc = proclamation amdt = amendment prov = provision ch = chapter pt = part def = definition pubd = published div = division R[X] = Reprint No. [X] exp = expires/expired RA = Reprints Act 1992 gaz = gazette reloc = relocated hdg = heading renum = renumbered ins = inserted rep = repealed lap = lapsed (retro) = retrospectively notfd = notified rv = revised edition num = numbered s = section o in c = order in council sch = schedule om = omitted sdiv = subdivision orig = original SIA = Statutory Instruments Act 1992 p = page SIR = Statutory Instruments Regulation 2002 para = paragraph SL = subordinate legislation prec = preceding sub = substituted pres = present unnum = unnumbered Reprint No. Amendments to Effective Reprint date 1 1994 Act No. 15 10 May 1994 2 February 1996 1A 1996 Act No. 54 1 December 1996 11 February 1997 1B 1996 Act No. 54 1 June 1997 28 July 1997 1C 1997 Act No. 39 1 September 1997 5 November 1997 2 1998 Act No. 51 18 December 1998 8 January 1999 2A 1999 Act No. 29 1 July 1999 3 September 1999 3 1999 Act No. 29 1 January 2001 1 January 2001 Reprint No. Amendments included Effective Notes 3A 2008 Act No. 52 1 January 2009 3B 2009 Act No. 9 1 July 2009 3C 2010 Act No. 15 30 June 2010 3D 2009 Act No. 17 2010 Act No. 23 1 July 2010 3E 2011 Act No. 38 1 January 2012 Name of table Reprint No. Changed citations and remade laws 1 Changed names and titles 1 Obsolete and redundant provisions 1 Renumbered provisions 1 Previous Renumbered as 3 2 5 3 5(6) 5(3) 5(6A) 5(4) 5(7) 5(5) 5(8) 5(6) 5A 4 6 5 6(2A) 6(3) 6(2B) 6(4) 6(2C) 6(5) 6(3) 6(6) 6(4) 6(7) 6(5) 6(8) 6(6) 6(9) 6(7) 6(10) 6(8) 6(11) 6(9) 6(12) 6C 7 23 8 24 9 25 10 26A 11 27 12 28 13 29 14 Any thing done prior to the date when this Act (other than paragraph (a) of section 3 and sections 4 and 8) commences which purports to have been done under the authority of the Principal Act, notwithstanding any defect in the doing thereof or in the manner in which such thing was done or in the procedure involved in the doing of such thing, and which would be authorized by the Principal Act as amended by this Act had it been done after the said date shall be deemed to have been authorized by the Principal Act. 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