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weekly hansard - Queensland Parliament - Queensland Government

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2586 Succession Amendment Bill 23 Aug 2005<br />

The <strong>Government</strong> has made substantial progress on the identification of these alternative trails, with proposals currently out for<br />

consultation for the Noosa and Beaudesert and Gold Coast Regions.<br />

In addition to the South East <strong>Queensland</strong> Forest Agreement transfer process, the <strong>Government</strong> committed in 2001 to a State-wide<br />

Forests Process to resolve native forest logging on land outside South East <strong>Queensland</strong>.<br />

As many members know this can be a complex undertaking that requires extensive consultation and therefore this Bill amends the<br />

Nature Conservation Act 1992 to extend the operation of the Forest Reserve Tenure until 31 December 2025.<br />

This means that as logging ceases and land becomes Forest Reserve, existing uses can continue whilst the other issues are<br />

resolved.<br />

This time frame will be needed to implement commitments under the SEQFA. In addition, forest reserve tenure could be used as<br />

an interim tenure as part of negotiations for the State-wide Forest Agreement Process.<br />

The Bill also allows stock grazing permits issued under the Forestry Act 1959 to be granted up to 31 December 2024 for a limited<br />

number of existing entitlement holders suffering financial hardship, prior to dedication to protected area tenure in South East<br />

<strong>Queensland</strong>. This provides adequate time for entitlement holders to adjust their business to compensate for the reduction of<br />

income from loss of their lease.<br />

Mr Speaker, with increased coastal development and problems with erosion there is a need to reduce the risks to the public from<br />

structurally inadequate and unsafe tidal works and clearly define ongoing maintenance responsibility.<br />

The Bill amends the Coastal Protection and Management Act 1995 to provide for improved safety obligations for all structures that<br />

require a development permit for tidal works. The Bill also amends the Integrated Planning Act 1997 to provide for improved safety<br />

requirements for emergency coastal tidal works.<br />

These amendments address the Coroner’s recent recommendations arising from the tragic Flying Fish Point sea wall collapse<br />

near Innisfail.<br />

The Bill also makes minor technical, administrative and consequential amendments and corrections to the Brisbane Forest Park<br />

Act 1977, the Coastal Protection and Management Act 1995, the Environmental Protection Act 1994, the Forestry Act 1959, the<br />

Integrated Planning Act 1997, the Marine Parks Act 2004, the Mineral Resources Act 1989, the Nature Conservation Act 1992, the<br />

Petroleum Act 1923, the Petroleum and Gas (Production and Safety) Act 2004, the <strong>Queensland</strong> Heritage Act 1992, the Statutory<br />

Instruments Act 1992, and the Wet Tropics World Heritage Protection and Management Act 1993.<br />

The <strong>Government</strong> has undertaken extensive consultation on these amendments. Key stakeholder groups consulted include:<br />

government agencies, AgForce, the Australian Rainforest Conservation Society, the Environment Institute of Australia and New<br />

Zealand, the Environmental Defenders Office, the Local <strong>Government</strong> Association of <strong>Queensland</strong>, the <strong>Queensland</strong> Conservation<br />

Council, the <strong>Queensland</strong> Environmental Law Association, the <strong>Queensland</strong> Farmers Federation, the <strong>Queensland</strong> Law Society, and<br />

the <strong>Queensland</strong> Resources Council. This feedback was considered and the Bill amended.<br />

Mr Speaker, the Environmental Protection and Other Legislation Amendment Bill 2005 will improve the effectiveness and<br />

efficiency of <strong>Queensland</strong>’s environmental legislation, provide important linkages with interrelated legislation and streamline the<br />

transition of forest reserve lands to protected areas whilst delivering on our promises to affected <strong>Queensland</strong>ers.<br />

Mr Speaker, I commend this Bill to the House.<br />

Debate, on motion of Mr Hobbs, adjourned.<br />

SUCCESSION AMENDMENT BILL<br />

First Reading<br />

Hon. LD LAVARCH (Kurwongbah—ALP) (Minister for Justice and Attorney-General) (12.59 pm):<br />

I present a bill for an act to amend the Succession Act 1981. I present the explanatory notes, and I<br />

move—<br />

That the bill be now read a first time.<br />

Motion agreed to.<br />

Second Reading<br />

Hon. LD LAVARCH (Kurwongbah—ALP) (Minister for Justice and Attorney-General) (12.59 pm):<br />

I move—<br />

That the bill be now read a second time.<br />

Succession laws, or laws relating to wills, were imported into the Australian colonies from English<br />

law. Over time, the succession laws applying in each jurisdiction changed and diverged, with the result<br />

that there was little consistency between succession laws across the states and territories.<br />

Consequently, in 1991 the Standing Committee of Attorneys-General, SCAG, initiated the Uniform<br />

Succession Laws Project. The objective of this project has been to develop model legislation to be used<br />

as the basis for reform by Australian states and territories with a view to each jurisdiction adopting<br />

uniform, or at least consistent, succession laws.<br />

In 1995, the National Committee for Uniform Succession Laws, chaired by the <strong>Queensland</strong> Law<br />

Reform Commission, was established to examine four discrete areas of succession law—the law of<br />

wills, family provision, intestacy and estate administration. This bill amends the Succession Act 1981 to<br />

implement the national committee’s recommendations regarding the law of wills.<br />

In December 1997, the national committee presented a final report to the SCAG on the law of<br />

wills. This report contained a model wills bill for introduction in each jurisdiction. The report and model

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