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Updated maps are now available to download. The new maps include the most recent Queensland Herbarium scientific updates to the Regulated Vegetation Management Map, regional ecosystems, wetland, high-value regrowth and essential habitat mapping. These change...
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What is a Testamentary Trust [TT]?
TT is a trust created under a person’s will which does not come into effect until after their death.
TT has similar characteristics to a discretionary or family trust except the provisions of the trust are set out in th...
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Petroleum Act will come into force on 1 January 2021
The implementation of land access regulations for the Petroleum Act must be the catalyst for requiring the mining sector to operate in a similar manner, this is the position the Northern Territory Cattlemen&...
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Townsville, Queensland: Queensland lawyer/solicitor Barry Taylor, Foundation Director of Emanate Legal, recently commented on the rights of farming landowners and leaseholders in response to a number of trespass incidents on primary producing properties.
&ldqu...
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Introductory Guide to Resumption and Compulsory Acquisition in Queensland
Written by Emanate Legal’s Barry Taylor (Lawyer/Solicitor) & Venesa Gleeson (Lawyer/Solicitor)
Introduction
In Queensland, the State or Local Governments can apply to take a...
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Barry Taylor, Townsville solicitor and foundation member of Emanate Legal, recently updated the information on the Services pages relating to Clearing Management.The updated page outlines the changes made by Queensland in relation to the laws for clearing vege...
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Barry Taylor, Townsville solicitor and foundation member of Emanate Legal, recently updated the information on the Services pages relating to Restructure of Family Assets.The updated services page contains information pertinent to primary producing families an...
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A Queensland grazier, whose bid to bulldoze native woodlands has the support of Federal Government MPs, has been hit with one of the state's heaviest penalties for illegal land clearing.
Scott Harris and his company were fined $450,000 in the Cairns Magistrate...
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On 3 May 2018, the Queensland government delivered on one of its major election promises by passing the Vegetation Management and Other legislation Amendment Act 2018 (Qld) (“the Amendment Act”).
The Amendment Act restricts the rights of farmers to...
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Writing from Townsville, Lawyer Barry Taylor maps out the legal lay of the land for the modern farmer in Australia.
AS RURAL land values improve and cattle and feed prices follow the lead, Queensland’s rural property scene is now the new hot to...
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Emanate Legal out in force attending Beef Australia 2018
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The Palaszczuk Government continues investments into research and development to underpin the record growth in Queensland’s $19.95 billion agriculture sector
Acting Minister for Agriculture and Fisheries, Leeanne Enoch said the government invested over $...
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Queensland’s agriculture, fisheries and forestry production has now almost reached the record level of $20 billion for the 16/17 financial year.
Acting Minister for Agriculture and Fisheries and Minister for Regional Economic Development Leeanne Enoch sa...
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A ban on underground coal gasification (UCG) in Queensland is now the letter of the law, following the successful passage of legislation in Parliament today.
Natural Resources and Mines Minister Dr Anthony Lynham said while creating jobs for regional Queenslan...
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New legislation introduced into Parliament today will provide landholders and resource companies with greater certainty when negotiating conduct and compensation agreements and make good agreements.
Natural Resources and Mines Minister Dr Anthony Lynham s...
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A Townsville lawyer believes Adani has set the standard for how mining companies should deal with landholders when negotiating to acquire land needed for large-scale projects.Emanate Legal’s Barry Taylor has been dealing with Adani since 2010 and has act...
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Dust monitoring results from Queensland’s underground coal mines are now available online for the first time.
Minister for Natural Resources and Mines Dr Anthony Lynham said the results – at the Department of Natural Resources and Mines website &nd...
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Queensland producers experiencing financial difficulty will be better protected from 1 July when mandatory farm business debt mediation comes into effect says Agriculture Minister Bill Byrne.
The Farm Business Debt Mediation Act prevents lenders from foreclosi...
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A new research centre is helping Queensland producers increase their resilience to drought and climate risks, thanks to a collaboration between the Palaszczuk Government and the University of Southern Queensland (USQ).
Minister for Agriculture and Fisheries an...
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Queensland’s Gasfields Commission is set to be revamped to better serve landholders, communities and the onshore gas industry during the next phase of gas development and production.
State Development Minister Dr Anthony Lynham said the proposed changes ...
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Banks will not be able to foreclose on Queensland farming properties without offering mediation from July 1.
The Palaszczuk Government’s Farm Business Debt Mediation Bill 2016, passed in Parliament today, requires financial institutions to offer debt med...
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The Department of Defence (“Defence”) has made clear that it proposes to acquire properties as part of the Townsville Field and Shoalwater Bay, Training Area Expansion.
This comes as a result of the Memorandum of Understand...
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Irrigators from rural communities are one step closer to managing their own schemes after the Water (Local Management Arrangements) Amendment Bill 2016 was passed by the Parliament this afternoon.
Water Supply Minister Mark Bailey said he was thrilled that leg...
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Environment Minister Dr Steven Miles says the Turnbull Government’s forced backdown on a controversial Shoalwater Bay land grab would remove the threat over 5000 hectares of environmentally significant public lands as well as thousands more hectares of p...
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Amendments were passed on 6 December 2016, to the Water Act 2000 (Qld) (“Act”), improving Landholders positions when negotiating Make Good Agreements (“MGAs”).
Explanatory Notes to the Act, provide:
“While resource companies are u...
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Statutory Demands and Winding Up
Why is a Creditors Statutory Demand Relevant to Your Business?
Let’s consider the following example: Cattle owned by a company (Smith Pty Ltd) were agisted for grazing purposes on another person’s property (Mr Oxen&...
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Natural Resources and Mines Minister Dr Anthony Lynham today welcomed the latest signs of investor confidence in Queensland’s gas sector, with Senex Energy’s announcement of a new equity injection.
Senex today announced that private equity company ...
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The guideline for stronger environmental laws to prevent Queensland taxpayers picking up multimillion dollar environmental clean-up bills takes effect today (Friday) following extensive industry and public consultation.
“The Environmental Protection (Cha...
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The Palaszczuk Government will continue to stand up for primary producers in central and north Queensland who face being forced from their properties, says Agriculture Minister Bill Byrne.
"In contrast the LNP in Queensland appear to have turned their backs on...
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Treasurer Curtis Pitt has announced the extension of transfer duty relief for farm water rights transferred within a family.
“At the 2016-17 Budget I responded to findings by the Rural Debt and Drought Task Force as well as calls from peak groups, and fa...
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An independent ombudsman is to be appointed to work with Queensland landholders and gas companies on coal seam gas industry issues.
State Development Minister Dr Anthony Lynham said the new land access ombudsman was a central element of a revamp of the state&r...
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A Queensland grazier says she is "in the firing line" of the Australian Defence Force's (ADF) planned expansion of training grounds at Shoalwater Bay.
Property owners surrounding the area have received written correspondence from the Singapore Joint Developmen...
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Central Queensland’s agricultural industry is set for a major boost with more than 50,000 megalitres of water to be made available for job-creating development.
Minister for State Development and Minister for Natural Resources and Mines Dr Anthony Lynham...
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The Palaszczuk Government has released a range of online tools to support Queensland’s multi-billion dollar beef industry.
With support from Meat & Livestock Australia (MLA), the Department of Agriculture and Fisheries (DAF) has produced a series of ...
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A three-month trial extending access through Roma for Type 2 Road Trains ended at midnight on Saturday, 26 November 2016.
Main Roads and Road Safety Minister Mark Bailey said hours of operation for Type 2 Road Trains have returned to normal while data collecte...
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The Palaszczuk Government is calling for Expressions of Interest for more than $10 million in grants to fight pest animals and weeds in Queensland’s hard hit regions.
Agriculture Minister Bill Byrne said guidelines had been finalised by the Oversight Gro...
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North-West Queensland’s resources industry will get a half-million-dollar shot in the arm to drive exploration.
Speaking at the Queensland Resources Council annual State of the Sector event, Minister for State Development and Minister for Natural Resourc...
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A draft statutory guideline to complement the Environmental Protection (Chain of Responsibility) Amendment Act 2016 has been released for public comment.
Environment Minister Dr Steven Miles has encouraged interested stakeholders to share their views.
“T...
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All mines currently under development in Queensland that will have an impact on groundwater will be required to obtain an “associated water licence” under laws passed in Parliament early today (10 November 2016).
Environment Minister Dr Steven Mile...
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Underground coal gasification is be to banned in Queensland under legislation introduced in State Parliament today.
Minister for State Development and Minister for Natural Resources and Mines Dr Anthony Lynham said amendments to the Mineral Resources Act 1989 ...
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The EP Bill was introduced to Queensland Parliament 13 September 2016 by the Honourable Dr Steven Miles, Minister for Environment and Heritage Protection and Minister for National Parks and the Great Barrier Reef.
The EP Bill proposes amendments to the Environ...
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Local councils will be able to manage their local stock routes and collect the funds graziers already pay to use them under legislation introduced into State Parliament today.
Minister for State Development and Minister for Natural Resources and Mines Dr Antho...
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The LawThe Native Title Act 1993 (NT Act) prescribes that all land within Australia is subject to Native Title rights except for that land where Native Title has been extinguished.
Conversion to FreeholdDepartment of Natural Resources and Mines (DNRM) requires...
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From 27 September 2016, the Queensland Government has amended the Mineral and Energy Resources (Common Provisions) Act 2014 (MERCP Act) and updated the Land Access Code to reflect the changes in legislation.
The amendments to the MERCP Act and the new Land Acc...
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From today, landholders and miners have more certainty about their land access rights and responsibilities around resource developments.
Minister for State Development and Minister for Natural Resources and Mines Dr Anthony Lynham said today marked the beginni...
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Resource companies wanting to take groundwater for mining activities will be subject to tougher assessment of environmental impacts under proposed new laws introduced by the Queensland Government.
Environment Minister Dr Steven Miles, who tabled the Environmen...
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The Palascuzuk Government has paved the way for the safe movement of large agricultural vehicles on roads north of Gympie, with the roll out today of a new exemption notice on heavy vehicle routes.
Transport Minister Stirling Hinchliffe said the Queensland Gov...
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The Concession That Keeps On Giving!
The Duties Act 2001 (Qld) is not all dire, providing for some exemptions and concessions to the payment of duty. The Family Business Concession, for example, can reduce or eliminate the duty payable on a transfer of p...
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A three-month trial extending access through Roma for Type 2 Road Trains starts this week.
Main Roads and Road Safety Minister Mark Bailey said Type 2 Road Trains carrying livestock were currently restricted to travelling on the Warrego Highway between Roma br...
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The Palaszczuk Government will introduce legislation to allow class actions to be brought in the state’s court system.
Attorney-General and Minister for Justice Yvette D’Ath said the move would bring Queensland into line with states like New South ...
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The Palaszczuk Government’s sensible land clearing laws will allow our agriculture to thrive and protect the environment.
Deputy Premier Jackie Trad said that the Vegetation Management (Reinstatement) and Other Legislation Amendment Bill 2016 was deliver...
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The Queensland Government has delivered a big increase in financial assurance (FA) to cover costs to rehabilitate or restore the environment if the holder of an environmental authority fails to meet its environmental obligations.
Environment Minister Dr Steven...
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Queensland’s first exploration forward plan released today will deliver certainty and opportunity to the state’s resources sector and local communities in the state’s north-west, central and south-west.
Minister for State Development and Natu...
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The Palaszczuk Government will support drought-affected landholders and upgrade the satellite imagery of Queensland used across government as part of the 2016-17 $456.7 million natural resources and mines budget.
Minister for Natural Resources and Mines Dr Ant...
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The Palaszczuk Government will commit $42 million in the 2016-17 State Budget on Tuesday to manage public safety risks with abandoned mine sites across Queensland.
Natural Resources and Mines Minister Dr Anthony Lynham said the increased funding over five year...
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Parliament today restored balance between the rights of farmers, miners, and the community, passing legislation that protects farm infrastructure and restores community objection rights.
Minister for State Development and Natural Resources and Mines Minister D...
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Most people who own land in Queensland do not need to pay land tax, and probably don’t know about the tax. But before you make a decision about property (for example, buying or selling), you should consider how that decision will affect the liability for...
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New planning laws passed by the Parliament overnight will ensure the community, sustainability and jobs are at the forefront of planning and development across Queensland.
Deputy Premier and Minister for Infrastructure, Local Government and Planning Jackie Tra...
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But how exactly will this affect the Landowner?
The Queensland Governments promise to reinstate vegetation clearing laws repealed by the previous government have arrived with immediate effect. The changes have serious consequences to landowners. How do these c...
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Queensland Parliament today supported the approval of Adani’s $21.7 billion Carmichael Coal project.
State Development and Natural Resources and Mines Minister Anthony Lynham said the House agreed a motion that all State Government approvals be provided ...
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By Venesa Gleeson - Emanate Legal
The impacts may be more than what the landholder bargained for.
In a David against Goliath stoush, victory has never tasted sweeter for landholder Peter Henry (Henry). He celebrates the spoils of his refusing to allow [perceiv...
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The Palaszczuk Government has moved to introduce new laws to prevent irresponsible businesses from leaving Queensland taxpayers with costly environmental clean-up bills.
Environment Minister Dr Steven Miles said the Queensland Government would no longer tolera...
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Queensland’s mineral explorers are to gain a two-year expenditure reduction as they struggle through the global mining downturn.
Minister for State Development and Minister for Natural Resources and Mines Dr Anthony Lynham said the 50 per cent concession...
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There has been some media recently about proposed changes to the rights of graziers who operate leases on national parks.
This was the subject of a recent enquiry by the State government, followed by some political debate on whether leases are rolling or fixed...
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Changes to tree clearing laws in Queensland are shaping up to be a key battle for the State Labor Government in 2016.
Prior to last year's election, now-Premier Annastacia Palaszczuk committed to reintroducing strict vegetation management rules that were relax...
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Queensland’s agricultural sector is thriving under the Palaszczuk Government despite a record drought, says Minister for Agriculture and Fisheries Leanne Donaldson.
“The total value of Queensland’s primary industry commodities for 2015-16 is ...
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The $40 million Stuart freight terminal project shows how private enterprise can do its bit for generating jobs in the city, according to State Development Minister Anthony Lynham.
“Jobs and growth in Townsville will come down to positive investment deci...
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A number of statutory obligations and outstanding legal issues remain to be addressed before I can consider granting the Carmichael coal project mining leases.
The Palaszczuk Government has consistently maintained its support for the sustainable development of...
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The Queensland Government’s delayed release of an important Underground Water Impact Report (UWIR) is leaving landholders high and dry and unable to negotiate make-good arrangement from coal seam gas impacts.
The UWIR, which is only updated by the Queens...
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Premier Annastacia Palaszczuk has announced her Government will accelerate public works for the cities of Townsville, Cairns and surrounding regions.
“We want more jobs and I want them now. Accelerating public works is a start,” the Premier s...
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The Palaszczuk Government’s Rural Debt and Drought Taskforce will hold its first public hearing today, giving those most affected a chance to tell the Government firsthand the impact of the drought and their debt levels.
Treasurer Curtis Pitt said the Ta...
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Treasurer Curtis Pitt today announced that Queensland Investment Corporation, the Queensland Government's investment manager, is evaluating new opportunities and strategies to invest in the agriculture industry.
Mr Pitt, who this week attended the Northern Que...
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Thousands of jobs are one step closer after the Queensland Government lodged the final Environmental Impact Statement with the Commonwealth for dredging and construction works at Abbot Point coal port.
State Development Minister Dr Anthony Lynham said the fina...
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Minister for Agriculture and Fisheries Bill Byrne has announced the development of draft regulations for the control and management of cattle ticks will commence this month in order to get the wheels in motion on the management of cattle ticks in Queensland.
M...
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Article by Matthew Cranston
Australian buyers are sharpening their pencils again in a bid to buy part of Australia's largest landholder S.Kidman & Co. after the federal government officially ruled out the company ever being sold in its entirety t...
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The Carbon Farming Initiative (CFI) was created to deliver greenhouse gas emission mitigation measures and promote the abatement of same. In turn, this allows farmers the opportunity to sell the offsets to overseas buyers and/or on the domestic market. In shor...
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After many years of gestation, the Personal Property Securities Act is almost upon us. Here's what to look forward to in this significant piece of legislation.A detailed preview of the Personal Property Securities Act 2009 (Cth) (PPSA) was published in Proctor...
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The Bovine Johne’s Disease (BJD) quarantine restriction that was placed on Vanrook Station, was declared void and illegal by Chief Justice Tim Carmody at the Supreme Court of Queensland 28th November 2014. All costs have been awarded to Vanrook.
Barry Ta...
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QUEENSLAND cattleman Peter Camm has paid $28 million for Sir Graham McCamley's Glenprairie Station, north of Rockhampton, which shows an apparent increase in value since it was purchased in 2005 for $25 million.
Sir Graham, who is battling cancer, said he...
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YOU gotta know when to hold 'em, know when to fold 'em. That's when you know a good deal has been done.
Peter Camm, Camm Cattle Company, and Barry Taylor, Emanate Legal shake hands after Taylor put together in record time a deal that saw Camm purchase Sir Grah...
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