Sugar Industry Act 1999 – 17 December 2015
Sugar Industry Act 1999 – 17 December 2015
Sugar Industry Regulation 2010 – 1 September 2010
Quick to view summary
A grower may supply (sugar) cane to a mill for a crushing season only if the grower has a supply contract with the mill owner for the season. A supply contract may be either an individual contract or a collective contract. An interested third party may be a party to a supply contract between a mill owner and a grower. Each of the parties to a supply contract must sign the contract. For special terms of a supply contract relating to the sale of on-supply sugar, refer to section 33B of the Act. A supply contract must state a process for dispute resolution including by arbitration – see section 34 of the Act. For the definitions of ‘mill’ and ‘on-supply sugar’, refer to the Schedule of the Act. For the definition of ‘interested third party’, refer to section 30 of the Act.
- Sections 4, 30, 31, 32, 33B, 34, 35, 36, 237, 238, Schedule; Regulation 3, Schedule
If a grower is negotiating, or has attempted to negotiate, a 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 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: then the grower and mill owner are taken to have made an agreement to refer the dispute to arbitration; and for the dispute to be arbitrated under the Commercial Arbitration Act 2013. Note: 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. For the definition of ‘bargaining representative’, refer to section 30 of the Act.
- Sections 30, 33A
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. 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. For granting of this right by a landholder, refer to section 64 of the Act. For granting of this right by the Land Court, refer to section 65 of the Act. Note: compensation may be payable pursuant to section 68 of the Act.
- Sections 63, 64, 65, 68, 70, 72, 73, 74
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. For granting of this right by a landholder, refer to section 64 of the Act. For granting of this right by the Land Court, refer to section 65 of the Act. Note: compensation may be payable pursuant to section 68 of the Act.
- Sections 63, 64, 65, 68, 70, 71, 72, 73, 74
For supply of cane to a mill, a 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.
- Section 75
Reason for law
To facilitate an internationally competitive, export oriented sugar industry based on sustainable production that benefits those involved in the industry and the wider community. (Section 3)
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