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REGULATION OF SUGAR CANE PRICES ACT 1962-1989
ANALYSIS OF CONTENTS
PART I-PRELIMINARY
1. Short title 2. Commencement 3. Repeals and Savings 4. Parts of Act 5. Meaning of terms
PART 11-LoCAL SUGAR CANE PRICES BOARD
6. Local Boards
7. Constitution of Local Boards 8. Members of Local Boards 9. Term of office
10. Vacation of office 11. Filling of vacancies
11A. Deputy of chairman and members 12. Quorum, &c., of Local Boards 13. Meetings, &c., of Local Boards 14. Existing Local Boards
15. Jurisdiction of Local Boards 1 SA. Fees and allowances
PART III-CENTRAL SUGAR CANE PRICES BOARD
16. Central Board
16A. Conduct of business of Local Board 17. Existing Central Board
18. Term of office of members 19. Term of office of Chairman 20. Vacation of office
21. Filling of vacancies
22. Quorum, &c., of Central Board 23. Secretary and officers of Central Board 24. Powers, &c., of Central Board 24A. (Repealed)
25. Additional powers, &c., of Central Board
26. Powers, &c., of Central Board in matters submitted by Minister 27. Central Board may act as Local Board
28. Adoption of awards of Local Boards
29. Central Board may rescind or vary decisions, &c.
30. Retrospectivity of awards, &c.
31. Powers, &c., of Chairman
2
PART IV-REGULATION OF SUGAR CANE PRICES Division !-Assignments
32. Assignments
32A. Seasonal permit to use unassigned land in same mill area as assigned land 32B. Effect of s. 32A permit
32c. Seasonal permit to use unassigned land in another mill area
32o. Application for approval by Local Board for purposes of permit under s. 32c 32E. Effect of s. 32c permit
32F. Effect of disposal of assignment upon s. 32A or s. 32c permit
32G. Total area of land under ss. 32A and 32c permits shall not exceed 15 per centum of assignment
32H. Assignment of lands to mills to increase total area of such lands 33. Re-zoning of assigned lands
33A. Re-zoning of assignment in uneconomic of exceptional circumstances 34. Mill-owner may enter upon assigned lands
35. Cane-grower may prepare plan of assignment
36. Local Board may construe and interpret plans of assignments in dispute 37. Assignment is incorporeal property
3 7 A. Disposal of assignments
37B. Varying of assignment by holder by alteration of lands 37c. Lapsing of assignment for breach of s. 37A
37D. Dispensation from obtaining consent of mortgagee etc.
37DA. Application for certificate of Local Board 37E. Appeal from Local Board's decisions
37F. Assignment of land consequent upon s. 37A disposal or 37B variation 38. Reversion of assignments disposed of
39. Misrepresentation an offence 40. (Repealed)
41. Net area of assignments
Division II-Regulation of Milling and Growing 42. Central Board may recommend mill peak
43. Mills to crush sufficient sugar-cane for market requirements 44. Variation of determinations
45. Exemption from obligation of milling, &c.
46. Failure to mill, &c.
47. Take over of mill
48. Liability of mill-owner not affected unless Central Board so certifies 49. Obligation of cane-grower disposing of sugar-cane grown on assigned lands 50. Obligation of mill-owner to accept sugar-cane grown on assigned lands 51. Delivery and acceptance of sugar-cane
52. Award to fix commencement of crushing 53. Award to provide for termination of crushing 54. Disputes tribunal
55. Separate farm peak for each assignment 56. Award to determine harvesting, &c., matters 57. Matters which may be considered in making .awards 58. Award to specify base price of sugar-cane
59. Payment of subscriptions, &c.
59A. Central Board may redirect sugar-cane
Division III-Contracts and Agreements 60. Contracts outside Act
61. Agreements as to farm peaks 61A. Farm peak is incorporeal property 61 B. Disposal of farm peaks
61c. Dispensation from obtaining consent of mortgagee, lessor or sub-lessor 61 o. Effect of disposal of farm peak
3
Division IV-Appeals and Applications 62. Appeal against award of Local Board
63. Appeal against adopted award
64. Increase in base price of sugar-cane in unduly long season 65. Variation of farm peaks
66. Appeal, &c., by Mill suppliers' committee
Division V-Proceedings of Boards-Generally 67. Representation before Central Board
68. Representation before Local Boards 69. Evidence
70. Conduct of hearings before Central Board 71. Copies of depositions, &c.
72. Chairman may administer oaths, &c.
73. Mediation in disputes
74. Summoning of witnesses, contempt, &c.
75. Intervention by the Crown 76. Compulsory conferences 77. Conciliation
78. Central Board may depute the taking of evidence 79. Power to limit evidence
80. Costs in certain cases 81. Decisions of to be· final
Division VI-Easements and Permits to use Land 82. Easements, &c., for tramway purposes
83. Register of Easements
84. Continuation of existing easement rights 85. Alteration of position of tramlines 86. Construction of cattle-grids, &c.
87. Construction, &c., of tramlines 88. Permits to pass over land
89. Orders of the Central Board to be final
Division VII-Cane-testers and Check-weighers 90. Manager, Cane Testing Service
91. Appointment of cane-testers 92. Duties of cane-testers 93. Laboratory to be provided 94. Powers of cane-testers
95. Mill-owner to supply information to cane-testers 96. Appointment of check-weighers
Division VIII-Cane Quality Evaluation Advisory Committee 96A. Establishment of committee
96B. Membership of committee 96c. Proceedings of Committee 96D. Fees and allowances
PART V-BREACHES OF AWARDS AND OTHER OFFENCES
97. Breach of award
98. Penalty for breach of award
99. Proceedings for offences and breaches generally 100. Appeal from stipendiary magistrate
4
PART VI-GENERAL PROVISIONS
101. Award to be posted up 102. Oath of office
103. Powers of inspection of records, &c.
104. Sugar Cane Prices Fund 105. Assessments on sugar-cane 106. Application of Fund
107. Administration and audit of Fund 108. Returns by mill-owners and cane-growers 109. Sugar-Cane Assignment Register 110. Certificates by secretary 111. Fees
112. Limitation of liability 113. Facilitation of proof 114. Orders in Council 115. Regulations
QUEENSLAND
REGULATION OF SUGAR CANE PRICES ACT
1962-1989[Reprinted as at 1 December, 1989]
Regulation of Sugar Cane Prices Act 1962, No. 45 As amended by
Decimal Currency Act of 1965, No. 61, s. 11 Second Sch.
Regulation of Sugar Cane Prices Acts Amendment Act of 1966, No. 19 Metric Conversion Act 1972, No. 31; Part II, First Sch.
Part II and First Schedule in relation to this Act commenced 5 March 1973 (Proc.
pubd. Gaz. 3 March 1973, p. 937).
Regulation of Sugar Cane Prices Act Amendment Act 1981, No. 22 Regulation of Sugar Cane Prices Act Amendment Act 1986, No. 51,
Part II
Regulation of Sugar Cane Prices Act and Another Act Amendment Act 1989, No. 56, Part II (as amended by Statute Law (Miscellaneous Provisions) Act 1989, No. 103, s. 3 Sch.)
An Act to Consolidate and Amend the Law relating to the Constitution of The Central Sugar Cane Prices Board and of Local Sugar Cane Prices Boards, and to Regulate the Powers and Duties of such Boards, and for other purposes consequent thereon
[ASSENTED TO 28 DECEMBER, 1962]
BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:-
PART I-PRELIMINARY
1. Short title. This Act may be cited as "The Regulation of Sugar Cane Prices Act of 1962."
Collective title conferred by Act of 1989, No. 56, s. 2 (2).
2. Commencement. This Act shall come into operation on a date to be fixed by the Governor in Council by Proclamation published in the Gazette.
Commenced I March 1963 (Proc. pubd. Gaz. 2 March 1963, p. 895).
2 s. 3 REGULATION OF SUGAR CANE PRICES ACT
1962-1989 s.
3
3. Repeals and Savings. "The Regulation of Sugar Cane Prices Acts, 1915 to 1954," (hereinafter in this Act referred to as "the repealed Acts") are hereby repealed:
Provided that, but without limiting the operation of "The Acts Interpretation Acts, 1954 to 1962"-
(a) unless otherwise expressly prescribed every Proclamation, Order in Council, regulation, award, approval, decision, declaration, determination, direction, order, or other act of authority made, granted, issued, done, or otherwise originated under the repealed Acts and subsisting or in force immediately prior to the commencement of this Act shall, subject as hereinafter provided, and so far as is consistent with this Act, continue for the purposes of this Act in force as fully and effectually as if it had originated under the corresponding provisions of this Act (and shall, where necessary, be deemed to have so originated) until it expires by effluxion of time or is rescinded, repealed, revoked, cancelled, suspended, or otherwise determined under this Act;
(b) every election or appointment of any person to be chairman, temporary chairman, or a member, of the Central Sugar Cane Prices Board or of any Local Sugar Cane Prices Board, and every award, approval, decision, declaration, determination, direction, or order, and every appointment held or made or purporting to have been held or made under the repealed Acts shall be deemed to be and to have been validly and duly held or made under this Act and the same are and each of them is hereby confirmed for all purposes whatsoever;
(c) every Order in Council, notice and order approved, ratified, confirmed and validated by section three of"The Regulation of Sugar Cane Prices Acts Amendment Act of 1931" shall be deemed to be and to have been validly and duly made under this Act and the same are and each of them is hereby confirmed for all purposes whatsoever;
(d) all penalties and forfeitures imposed under any provision of the repealed Acts and incurred at the· date of the repeal of such provision shall and may be enforced as ifthe repealed Acts had not been repealed;
(e) all actions and proceedings of whatever nature under any provision of the repealed Acts commenced or pending at the date of the repeal of such provision may be carried on and prosecuted as if this Act had not come into operation, and no such action or proceeding shall abate or be discontinued or prejudicially affected by anything in this Act contained;
(f) every investigation and inquiry commenced under the repealed Acts may be continued and concluded as if the repealed Acts had not been repealed, and any breach of an award and any offence against any provision of the repealed
s. 4 REGULATION OF SUGAR CANE PRICES ACT
1962-1989
s. 5 3
Acts committed prior to the date of the repeal ofthe repealed Acts may be investigated and prosecuted, and any penalties may be imposed and enforced with respect thereto in all respects as if the repealed Acts had not been repealed.
4. Parts of Act. This Act is divided into Parts as follows:- PART I-PRELIMINARY (ss. 1-5);
PART II-LOCAL SUGAR CANE PRICES BOARDS (ss. 6-15A);
PART III-CENTRAL SUGAR CANE PRICESBOARD (ss. 16-31);
PART IV-REGULATION OF SUGAR CANE PRICES;
Division !-Assignments (ss. 32-41);
Division II-Regulation of Milling and Growing (ss. 42-59A);
Division III-Contracts and Agreements (ss. 60-61D);
Division IV~Appeals and Applications (ss. 62-66);
Division V-Proceedings of Boards-Generally (ss. 67-81);
Division VI-Easements and Permits to use Land (ss. 82-89);
Division VII-Cane-testers and Check-weighers (ss. 90-96);
Division VIII-Cane Quality Evaluation Advisory Committee (ss. 96A-96D);
PART V-BREACHES OF AWARDS AND OTHER OFFENCES (ss. 97- 100);
PART VI-GENERAL PROVISIONS (ss. 101-115),
As amended by Act of 1989, No. 56, s. 3.
5. Meaning of terms. (1) Without limiting the operation of "The Acts Interpretation Acts, 1954 to 1962," in this Act, unless the context otherwise indicates, the following terms have the meanings set against them respectively, that is to say:-
"Administrator"-A person appointed by the Minister under section forty-seven of this Act to administer the affairs of a mill;
"Adopted"-Used with reference to an award-adopted in accordance with this Act by the Central Board;
"Assignment"-An assignment made in accordance with this Act of particular land to a. particular mill, and in force at any time in question: The term, where necessary, includes an altered or transferred assignment: The term also, where applicable, includes the lands comprised in an assignment;
"Award"-An award made or adopted or deemed to have been made or adopted in accordance with this Act, and in force at any time in question: The term, where necessary, includes any variation of an award;
"Cane-grower" -Any person, or body or association of persons whether corporate or unincorporate, holding land assigned to a mill under this Act: The term, except where this Act expressly otherwise provides, does not include any owner
4 s. 5 REGULATION OF SUGAR CANE PRICES ACT
1962-1989 s. 5
of a mill holding land assigned to that mill or to any other mill;
"Cane-tester" -A cane-tester appointed under this Act;
"Central Board"-The Central Sugar Cane Prices Board constituted under this Act;
"Chairman"-The Chairman of the Central Board appointed under this Act by the Governor in Council: The term includes a person appointed under this Act by the Governor in Council to act temporarily in the office of the Chairman of the Central Board;
"Check-weigher" -A check-weigher appointed under this Act;
"Commercial cane sugar"-The estimated yield of cane sugar from sugar-cane, determined as prescribed;
"Crushing capacity"-The estimated maximum rate of crushing at which a mill can operate continuously whilst maintaining a proper level of efficiency;
"Farm peak"-The maximum quantity of sugar-cane grown upon land assigned under this Act to a mill, which at any time in question may be delivered to that mill by the cane-grower and accepted by the mill-owner for the manufacture of sugar, within that quantity of sugar specified with respect to that mill under a Proclamation referred to in section forty-two of this Act;
"Local Board"-A Local Sugar Cane Prices Board constituted under this Act;
"Member"-A member of the Central Board or, as the case requires, a Local Board, appointed or elected in accordance with this Act;
The term includes a person appointed under this Act by the Governor in Council to act temporarily in the office of a member of the Central Board or, as the case may be, a Local Board;
"Mill suppliers' committee"-A Mill suppliers' committee constituted under "The Primary Producers' Organisation and Marketing Acts, 1926 to 1957";
"Minister" means the Minister for Primary Industries or other Minister of the Crown who, at the material time, is charged with the administration of this Act and includes a Minister of the Crown who is temporarily performing the duties of Minister;
"Owner of a Mill", "Mill-owner" -Any person, or body or association of persons whether corporate or unincorporate, owning or having the control of a mill: The term, where necessary, includes the manager or managing director or other person controlling the business of a mill;
"Secretary"-The secretary ofthe Central Board appointed under this Act: The term includes any person appointed to act in,
s. 6 REGULATION OF SUGAR CANE PRICES ACT
1962-1989 s. 6 5
or for the time being performing the duties of, the office of the secretary of the Central Board;
"Sugar Cane Prices Fund"-The Sugar Cane Prices Fund established under this Act;
"Sugar-mill", "Mill"-A works equipped for the manufacture of sugar from sugar-cane and referred to in the appendix to the Schedule of a Proclamation referred to in section forty- two of this Act.
(2) For the purposes of this Act, the district served by each group of mills specified in the second column of the following Table shall be a mill region under the name specified in the first column of the Table opposite each such group.
mill regions Northern Region
Burdekin and Herbert Region Mackay Region
South Region
TABLE
groups of mills
Mossman, Hambledon, Mulgrave, Babinda, Mourilyan, South Johnstone, Tully.
Macknade, Victoria, Invicta, Pioneer, Kalamia, Inkerman.
Proserpine, Farleigh, Racecourse, Pleystowe, Marian, Cattle Creek, Plane Creek.
Fairymead, Millaquin, Bingera, Isis, Maryborough, Moreton, Rocky Point.
As amended by Act of 1981, No. 22, s. 2; Act of 1989, No. 56, s. 4.
PART II-LOCAL SUGAR CANE PRICES BOARDS
6. Local Boards. (1) The Governor in Council may, by Order in Council, constitute Local Sugar Cane Prices Boards for the purposes of this Act.
In making such Order in Council the Governor in Council shall give due consideration to any recommendations made by the Central Board.
The same Local Board shall be constituted with respect to one mill only.
(2) Except as hereinafter provided, no member of Parliament or of the legal profession shall be or act as a member of a Local Board:
Provided that a person may be appointed and act as chairman of a Local Board notwithstanding that he is a member of the legal profession.
6 s. 7 REGULATION OF SUGAR CANE PRICES ACT
1962-1989 s.S
7. Constitution of Local Boards. Application for the constitution of a Local Board may be made to the Minister by-
(a) the owner of the mill with respect to which the Local Board is required; or
(b) any number of cane-growers, being not less than twenty (or one-third if the whole number does not exceed sixty) of those cane-growers who supplied sugar-cane during the season then last past to the mill with respect to which the Local Board is required.
Such application may be made not later than the thirty-first day of January next preceding the season with respect to which the Local Board is required.
Upon receipt of such application the Minister may cause to be made such inquiry into the matter as he thinks proper, and may recommend to the Governor in Council that a Local Board shall be constituted in accordance with the terms of the application or with such modifications thereof as he thinks necessary.
Thereupon the Governor in Council may, not later than the first day of March next succeeding the application, constitute the Local Board, declare the number of its members and assign a name to the Local Board.
8. Members of Local Boards. ( 1) A Local Board shall consist of three or five members (including a chairman), as shall be declared in the Order in Council.
The chairman and members shall be appointed by the Governor in Council.
One half of the members (other than the chairman) shall be appointed as representatives of the cane-growers, and one half as representatives of the mill-owner.
(2) The members of a Local Board (other than the chairman) shall be appointed upon their election as prescribed by the regulations, provided that-
(a) at the election of a representative or representatives of the cane-growers, no cane-grower shall be entitled to more than one vote;
(b) at such an election no cane-grower shall be entitled to vote unless he is the holder of an assignment of five or more acres of land;
(c) if the cane-growers fail or the mill-owner fails to nominate the requisite number of their respective representatives or to elect such number of representatives as prescribed by the regulations, the Governor in Council may, by notification published in the Gazette, appoint such and so many persons as representatives of the cane-growers or the mill-owner respectively as are required to constitute such Local Board.
As amended by Act of 1989, No. 56, s. 5.
s. 9 REGULATION OF SUGAR CANE PRICES ACT
1962-1989 s. 10 7
9. Term of office. The chairman of a Local Board shall hold office during the pleasure of the Crown.
Subject to the provisions of sections 10 and 11 of this Act, the term of office of a member of a Local Board (other than the chairman) shall be three years from the date of his appointment; but nothing herein shall be construed to prevent any such member from being at any time re-elected or re-appointed as a member.
The times for the holding of the first triennial elections under this Act of members of Local Boards shall be fixed by reference to the last such election held under the repealed Acts.
As amended by Act of 1989, No. 56, s. 6.
10. Vacation of office. (1) The office of a member of a Local Board (other than the chairman) shall become vacant at the end of the day next preceding the date fixed by the Central Board and notified in the Gazette for the next triennial election of representatives for appointment as members of Local Boards.
(2) In the case of such a member first elected and appointed to a Local Board constituted after the commencement of this Act, his office shall become vacant at the end of the day next preceding the date fixed by the Central Board and notified in the Gazette for the triennial election first happening after the constitution of such Local Board.
(3) In the case of such a member holding office as such immediately prior to the commencement of this Act, his office shall become vacant at the end of the day next preceding the date fixed by the Central Board and notified in the Gazette for the triennial election first happening after the commencement of this Act.
(4) Notwithstanding the provisions of section nine of this Act and the foregoing provisions of this section, the office of such a member shall become vacant if he-
( a) dies or becomes mentally sick;
(b) becomes bankrupt or compounds with his creditors, or otherwise takes advantage of the laws in force for the time being relating to bankruptcy;
(c) is absent without leave granted by the Local Board for three consecutive ordinary meetings of the Board of which due notice has been given him;
(d) is convicted of an indictable offence; or of an offence against section one hundred and two of this Act;
(e) is removed from office by the Governor in Council, on the recommendation of the Central Board:
Provided that the attendance of such a member at the time and place appointed for an ordinary meeting shall, for the purposes of this subsection, be deemed to constitute presence at an ordinary meeting notwithstanding that by reason that no quorum is present no meeting
8 s.ll REGULATION OF SUGAR CANE PRICES ACT 1962-1989
s. 12
is actually held on that day, and the chairman of the Local Board shall record the name of any such member who so attends.
(5) The Governor in Council may, on the recommendation of the Central Board, at any time remove any member of a Local Board and, in accordance with this Act, appoint another member in his stead.
Notification of such removal shall be published in the Gazette.
11. Filling of vacancies. (1) If the office of a member of a Local Board (other than the chairman) becomes vacant during the currency of his term of office, at any time during the balance of that term, the Governor in Council, subject to subsection (1) and paragraphs (a) and (b) of subsection (2) of section 8, may appoint another person to fill the vacancy for the balance of the term.
(2) The appointment of such a member shall be upon his election by, as the case requires, the cane-growers or the mill-owner as prescribed.
(3) If the cane-growers or the mill-owner fail to elect as prescribed a representative to fill a vacancy, the Governor in Council may appoint any person to fill the vacancy and the person so appointed shall be deemed to be the representative in question.
Substituted by Act of 1989, No. 56, s. 7.
11A. Deputy of chairman and members. ( 1) The Governor in Council for each term of office of the whole number of members of a Local Board may-
(a) appoint a person who is not a member of the Local Board to be the deputy of the chairman of that Local Board, upon the recommendation of the Minister;
(b) appoint a person who is not a member of the Local Board to be the deputy of a member who is a representative of the cane-growers, upon the person being nominated by the cane-growers as prescribed;
(c) appoint a person who is not a member of the Local Board to ·be the deputy of a member who is a representative of the mill-owner upon the person being nominated by the mill-owner as prescribed.
(2) A person appointed as a deputy of a member of a Local Board, if the member is absent from a meeting of the Local Board, may attend the meeting and discharge the functions, exercise the powers and performs the duties of the member whose deputy he is, including in the case of the deputy of the chairman, those of the chairman.
Inserted by Act of 1989, No. 56, s. 8.
12. Quorum, &c., of Local Boards. All the powers and authorities of a Local Board may be exercised at any meeting of such Board at which a majority of the whole number of members is present, and all questions shall be decided by a majority of the members present at the meeting. In the event of the members present being equally divided in opinion with respect to any matter to be determined by such Board,
s.13 REGULATION OF SUGAR CANE PRICES ACT
1962-1989 s.lS 9
the chairman thereof shall, in addition to his ordinary vote, have a casting vote, and shall exercise with respect to all such matters the powers and authorities of such Board, and shall make the decision of the Board accordingly.
During any vacancy in a Local Board (other than in the office of chairman) the continuing members may act as if no vacancy existed.
13. Meetings, &c., of Local Boards. Without limiting the provisions of section 115 of this Act as to the making of regulations, regulations may be made under this Act providing for the election of members of a Local Board (other than the chairman) and for meetings of Local Boards and proceedings thereat, and the conduct of the business of such Boards.
As amended by Act of 1989, No. 56, s. 9.
14. Existing Local Boards. (1) Every Local Sugar Cane Prices Board constituted under the repealed Acts and in existence immediately prior to the commencement of this Act shall be and remain a Local Board for all the purposes of this Act until the Order in Council constituting such Board is rescinded.
(2) The chairman and every other member of every Local Board referred to in subsection ( 1) of this section, holding office immediately prior to the commencement of this Act, shall be and remain the chairman or a member, as the case may be, of such Board in all respects as if appointed or elected to his respective office under this Act, until his office becomes vacant in accordance with this Act.
15. Jurisdiction of Local Boards. (1) Subject to sections sixty and sixty-one of this Act a Local Board shall, in each year, with respect to the mill and the lands assigned to that mill, make an award as hereinafter provided.
(2) The award of a Local Board shall be signed by the chairman and forwarded by him to the secretary of the Central Board so that it shall be received by the secretary not later than the fifteenth day of April of the year in question, or such earlier or later date as the Central Board for any special reason may fix; and the secretary shall forthwith publish the award in the Gazette.
(3) The award of a Local Board shall, from a date specified in the award, take effect and have the force of law and, except as otherwise provided by this Act, shall not be in any manner challenged or disputed, and shall be binding upon the owner of the mill and the cane-growers upon the lands to which the award applies (including all mortgagees, licensees, assignees, transferees and other persons having any title to or interest in such mill or lands or the sugar-cane on such lands), and shall remain in force for a period of sixty days from the date of its publication in the Gazette and thereafter for such extended period of time (if any) as may be determined by the Central Board in accordance with section sixty-two of this Act:
Provided that, where the Central Board, in accordance with this Act, declares that the award of the Local Board, or such award as varied
10 S. 15A REGULATION OF SUGAR CANE PRICES ACT
1962-1989 s. 16
by the Central Board, is adopted, then the award of the Local Board shall cease to have force and effect as such on and from the date specified by the Central Board as the date on and from which the adopted award shall take effect.
( 4) If the Order in Council constituting a Local Board is rescinded, the members of that Local Board shall forthwith cease to hold office as such, but the rescission of the Order in Council shall not affect the operation of any award made by that Local Board or by the Central Board excercising, in accordance with this Act, the jurisdiction of that Local Board, and then in force.
15A. Fees and allowances. ( 1) The chairman of a Local Board shall be entitled to be paid such fees and allowances for his services as chairman as are prescribed by the regulations.
Fees and allowances to which the chairman of a Local Board is entitled under this section shall be paid to him by the Minister from the Sugar Cane Prices Fund.
(2) A member of a Local Board who is a representative of cane growers shall be paid in respect of his services as a member such fees and allowances by the mill suppliers' committee for the mill with respect to which the Local Board is constituted as are determined by the mill suppliers' committee.
The payment of such fees and allowances shall be an administrative cost of the mill suppliers' committee in question.
(3) A member of a Local Board who is a representative of the mill- owner of the mill for which the Local Board is constituted shall be paid in respect of his services as a member such fees and allowances by the mill-owner as are determined by the mill-owner.
(4) Neither the Crown nor the Minister shall be liable to pay to a member of a Local Board referred to in subsections (2) and (3) any amount in respect of his services as such as member.
(5) The provisions of this section apply to a deputy of a member of a Local Board (including its chairman) as they apply to the member.
Inserted by Act of 1989, No. 56, s. I 0.
PART III-CENTRAL SUGAR CANE PRICES BOARD
16. Central Board. (1) The Governor in Council may, by Order in Council, constitute a Central Sugar Cane Prices Board for the purposes of this Act.
(2) The Central Board shall consist of three members appointed by the Governor in Council, namely-
(i) a Judge of the Supreme Court or of the District Court or a former Judge ofthe Supreme Court or of the District Court, who shall also be Chairman.
s. 16 REGULATION OF SUGAR CANE PRICES ACT 1962-1989
s. 16 11
For this purpose, the Governor in Council may require any Judge of the Supreme Court or of the District Court to act as Chairman, and such Judge shall so act;
(ii) a cane-growers' representative;
(iii) a mill-owners' representative.
(3) No member of Parliament and no member of the legal profession (other than the Chairman, being a Judge or a former Judge) shall be qualified to be or act as a member of the Central Board.
(4) The Chairman, being a Judge of the Supreme Court or of the District Court, shall perform the duties of the Chairman without remuneration or emolument other than his salary as such Judge (apart from reasonable travelling expenses).
(5) The office of Chairman, held by a Judge of the Supreme Court, shall be an office cast upon that Judge by law within the meaning of section twelve of "The Supreme Court Acts, 1861 to 1961."
(6) In case of the illness, inability, or absence of the Chairman, the Governor in Council may require any Judge of the Supreme Court or of the District Court to act temporarily as Chairman, and such Judge shall so act, and whilst so acting shall have all the powers and perform all the duties of the Chairman, during the illness, inability, or absence of the Chairman, and the provisions of subsections (4) and (5) of this section shall apply accordingly.
(7) The cane-growers' representative shall be appointed upon his election by ballot by the cane-growers in such manner as may be prescribed by the regulations:
Provided that no cane-grower shall be entitled to more than one vote, and no cane-grower shall be entitled to vote unless he is the holder of an assignment with respect to five or more acres of land.
(8) The miii-owners' representative shall be appointed upon his election by ballot by the mill-owners in such manner as may be prescribed by the regulations:
Provided that no mill-owner shall be entitled to more than one vote in respect of each mill.
(9) The cane-growers' representative and the mill-owners' representative shall be elected not later than a date to be prescribed by the regulations.
(10) Where only one person is nominated as the cane-growers' representative or the mill-owners' representative, as the case may be, the person so nominated shall be deemed to be duly elected as such representative without the necessity of a ballot.
(11) Upon failure by such cane-growers or mill-owners respectively to elect their representative, the Governor in Council shall appoint such representative.
As amended by Act of 1981, No. 22, s. 3; Act of 1989, No. 56. s. II (I).
12 S. 16A REGULATION OF SUGAR CANE PRICES ACT 1962-1989
Section II (2) of Act of 1989, No. 56, reads as follows:-
s. 18
(2) Upon the commencement of this Act, the persons holding office as members of the Central Board by virtue of paragraphs (iv) and (v) of subsection (2) of section 16 of the Principal Act (repealed by this section) shall cease to hold office as members.
The foregoing provisions shall operate without prejudice to the continuance in existence of the Central Board or to the holding by the remaining members of the Board of their offices.
16A. Conduct of business of Local Board. (1) Subject to the approval of the Central Board first had and obtained, a Local Board may appoint and employ such number of persons as are necessary for the proper discharge of the board's functions under this Act.
(2) Subject to any applicable industrial award or industrial agreement persons employed under subsection (1) pursuant to a contract of service shall be employed on such conditions as are for the time being approved by the Governor in Council.
(3) The Central Board may from time to time issue administrative guidelines to Local Boards for the regulation of the conduct of Local Boards' affairs and every Local Board to which such guidelines are issued shall comply therewith.
The Minister may from time to time direct the Central Board to exercise the power conferred upon it by this subsection to issue administrative guidelines to a Local Board and in so doing may determine the content of any such guidelines to the extent he thinks fit.
The Central Board shall comply with a direction given by the Minister under this subsection.
Guidelines issued under this subsection shall not be construed to over-ride any regulation made with respect to the conduct of business of Local Boards and where any such guideline is inconsistent with any such regulation the latter shall prevail and the former shall, to the extent of the inconsistency, be inoperative.
Inserted by Act of 1986, No. 51, s. 4; as amended by Act of 1989, No. 56, s. 12.
17. Existing Central Board. (1) The Central Sugar Cane Prices Board constituted under the repealed Acts and in existence immediately prior to the commencement of this Act shall be and remain the Central Board for all the purposes of this Act.
(2) The Chairman and every other member of the Central Sugar Cane Prices Board referred to in subsection ( 1) of this section, holding office immediately prior to the commencement of this Act, shall be and remain the Chairman or a member, as the case may be, of the Central Board in all respects as if appointed or elected to his respective office under this Act, until his office becomes vacant in accordance with this Act.
18. Term of office of members. Subject to the provisions of sections
20 and 21 of this Act, the term of office of members other than the
s. 19 REGULATION OF SUGAR CANE PRICES ACT s. 20 13 1962-1989 '
Chairman shall be three years from the date of their appointment; but nothing herein shall be construed to prevent any member from being at any time re-elected or re-appointed as a member.
The times for the holding of the first triennial election under this Act of members of the Central Board shall be fixed by reference to the last such election held under the repealed Acts.
As amended by Act of 1989, No. 56, s. 13.
19. Term of office of Chairman. (1) The term of office of the Chairman being a former Judge of the Supreme Court or of the District Court shall be fifteen years or until he reaches the age of seventy years, whichever is the shorter.
Subject to section twenty of this Act such Chairman shall hold office during good behaviour, and shall not be removed therefrom unless an address praying for such removal shall be presented to the Governor by the Legislative Assembly, and, subject as aforesaid, the terms and conditions of his appointment shall constitute a contract of service:
Provided that at any time when Parliament is not sitting the Governor in Council may suspend such Chairman from his office for inability or misbehaviour, in which case a statement of the cause of suspension shall be laid before the Legislative Assembly within seven days after the commencement of the next session thereof.
If an address shall during that session be presented to the Governor by the Legislative Assembly praying for the restoration of such suspended Chairman to his office, he shall be restored accordingly; but if no such address shall be presented the Governor in Council may confirm such suspension, and declare the office of the Chairman to be vacant, and the same shall be vacant accordingly.
(2) The Chairman, being a Judge of the Supreme Court or of the District Court, shall hold office during the pleasure of the Crown.
20. Vacation of office. (1) Notwithstanding any other provision of this Act, the Chairman, being a former Judge of the Supreme Court or of the District Court, shall be deemed to have vacated his office, if he engages, during his term of office, in any employment outside the duties of his office except with the prior approval of the Governor in Council.
(2) The office of Chairman (held by a person being a former Judge of the Supreme Court or of the District Court) and of any member other than the Chairman shall become vacant if he-
( a) dies or becomes mentally sick;
(b) becomes bankrupt or compounds with his creditors, or otherwise takes advantage of the laws in force for the time being relating to bankruptcy;
(c) is absent without leave granted by the Central Board from three consecutive ordinary meetings of the Board of which due notice has been given him;
14 s. 21 REGULATION OF SUGAR CANE PRICES ACT
1962-1989 s. 22
(d) is convicted of an indictable offence, or of an offence against section one hundred and two of this Act;
(e) resigns his office as a member by writing signed by him and furnished to the Minister;
(f) ceases to be qualified as a member:
Provided that the attendance of such Chairman or any other member of the Central Board at the time and place appointed for an ordinary meeting shall be deemed to constitute presence at an ordinary meeting notwithstanding that by reason that no quorum is present no meeting is actually held on that day, and the secretary shall record the name of such Chairman and any other member who so attends.
(3) The office of a member of the Central Board (other than the Chairman) shall become vacant if he is removed from office by the Governor in Council.
The Governor in Council may at any time remove any such member for inability or misbehaviour.
Notification of such removal shall be published in the Gazette.
As amended by Act of 1981, No. 22, s. 4.
21. Filling of vacancies. (1) If the office of a member of the Central Board, other than the Chairman, becomes vacant during the currency of his term of office, at any time during the balance of that term, the Governor in Council, subject to subsection (2) of section 16, may appoint another person to fill that vacancy for the balance of the term.
The appointment of the member shall be upon his election by, as the case requires, the cane-growers or the mill-owners as prescribed.
If the cane-growers or the mill-owners fail to elect as prescribed a representative to fill a vacancy the Governor in Council may appoint any person to fill the vacancy and the person so appointed shall be deemed to be the representative in question.
(2) If at any time any member of the Central Board (other than the Chairman) is from illness, inability, absence, or other cause prevented from attending any meeting of the Board, or pending the filling by election of any vacancy in the office of such member, the Governor in Council may appoint some person to act temporarily as a member in his room, and while so acting such person shall have all the powers and authorities of and be deemed to be a member of the Central Board.
During any vacancy in the Central Board (other than in the office of the Chairman) the continuing members may act as if no vacancy existed.
As amended by Act of 1989, No. 56, s. 14.
22. Quorum, &c., of Central Board. (1) At any meeting of the Central Board-
(a) the whole of the members shall constitute a quorum;
s.23 REGULATION OF SUGAR CANE PRICES ACT
1962-1989 s. 26 15
(b) all the powers and authorities ofthe Board shall be exercisable at such a meeting if a quorum is present;
(c) all questions shall be decided by a majority of members.
(2) Without limiting the provisions of section one hundred and eleven of this Act as to the making of regulations, regulations may be made under this Act providing for the election of members of the Central Board (other than the Chairman) and for meetings of the Central Board and proceedings thereat, and the conduct of the business of the Central Board.
As amended by Act of 1986, No. 51, s. 5; Act of 1989, No. 56, s. 15.
23. Secretary and officers of Central Board. ( 1) The Governor in Council may, from time to time, appoint a secretary of the Central Board and such other officers as may be deemed necessary for the purposes of this Act.
(2) The persons appointed respectively as secretary of the Central Sugar Cane Prices Board and officers under the repealed Acts, and holding their respective offices immediately prior to the commencement of this Act, shall, without further or other appointment, be deemed appointed to their respective offices pursuant to and for the purposes of this Act.
24. Powers, &c., of Central Board. The Central Board shall, with respect to matters within its jurisdiction, have full power and authority from time to time to make all such orders and give all such directions as in its opinion are necessary or expedient for carrying into execution the objects and intentions of this Act and all such orders and directions shall be observed.
Any person who contravenes or fails to comply with any such order or direction shall be guilty of an offence against this Act.
The term "person" in this section includes any body or association of persons, whether corporate or unincorporate.
24A. (Repealed).
Repealed by Act of 1989, No. 56, s. 16.
25. Additional powers, &c., of Central Board. The Central Board, for the purposes of this Act, and in addition to the powers, authorities and jurisdiction conferred upon it by this Act, shall have and may exercise such other powers, authorities and jurisdiction as may from time to time be declared by the Governor in Council by Order in Council.
26. Powers, &c., of Central Board in matters submitted by Minister.
Subject to this Act, the Central Board shall have jurisdiction over all matters which are submitted to it by the Minister as proper to be dealt with by such Board in the public interest, whether or not a Local Board ·' has been constituted in respect of such matters, and the Central Board in the exercise of such jurisdiction shall have full power and authority
16 s. 27 REGULATION OF SUGAR CANE PRICES ACT
1962-1989 s. 28
to decide all such matters, and may make such awards and orders as it thinks proper.
The Local Board (if any) shall in such case cease to exercise its functions or have jurisdiction with respect to any matter so submitted as aforesaid to the Central Board, except to such extent as the Central Board otherwise orders.
As amended by Act of 1986, No. 51, s. 6.
27. Central Board may act as Local Board. (1) The Central Board shall have and may exercise all the powers, authorities and jurisdiction of a Local Board where-
( a) no Local Board is constituted for any mill or where the constitution or appointment of a Local Board is, for any reason, invalid;
(b) the Local Board concerned or the chairman thereof has failed to comply with the provisions of subsection (1) or (2) of section fifteen of this Act;
(c) the Minister has submitted to the Central Board that a Local Board has been guilty of wilful or unnecessary delay in making an award or a decision with respect to any matter within the jurisdiction of the Local Board, and the Central Board, after due inquiry, is satisfied that the Local Board has been guilty of such delay as aforesaid.
(2) Where the Central Board acts pursuant to subsection (1) ofthis section, it shall have all the powers, authorities and jurisdiction of the Local Board concerned or, in any case referred to in paragraph (a) of that subsection, of a Local Board properly constituted with respect to the mill concerned, and shall conduct its hearings in accordance with the procedure specified for Local Boards by or under this Act, and shall make an award in accordance with section fifteen of this Act.
Such award shall be deemed to be the award of and to have been made by the Local Board concerned or, in any case referred to in paragraph (a) of subsection (1) ofthis section, of a Local Board properly constituted with respect to the mill concerned, though no such Board may have been properly constituted.
The Local Board concerned (if any) shall in such case cease to exercise its powers, authorities and .jurisdiction except to such extent as the Central Board otherwise orders.
28. Adoption of awards of Local Boards. (1) Unless within twenty- one days after the date of publication in the Gazette of an award of a Local Board, a notice of appeal against such award or any part thereof, or an application for leave to appeal against that part of such award which represents the farm peak determined in respect of the assignment of the applicant, has, in accordance with this Act, been filed with the secretary of the Central Board, the Central Board shall declare that award to be adopted and shall specify a date on and from which such adopted award shall take effect.
s.29 REGULATION OF SUGAR CANE PRICES ACT
1962-1989 s. 31 17
Notification of such adoption and of the date so specified shall be published in the Gazette.
(2) An award adopted by the Central Board in accordance with subsection ( 1) of this section shall, on and from the date specified by the Central Board, be binding upon the same persons and of the same force and effect as the award of the Local Board.
Such adopted award shall continue in force until a new award is made or by this Act is deemed to have been made by the Local Board, or by a Local Board properly constituted with respect to the mill concerned, and, where the Central Board so orders (and it is hereby empowered, wherever it deems desirable, so to order), thereafter, but limited to the season with respect to which it was made, until all matters necessary to be dealt with by or under the authority of such award have been concluded.
29. Central Board may rescind or vary decisions, &c. The Central Boardmay-
(a) at any time rescind, or at any time and from time to time vary, any approval, decision, declaration, determination, direction, order, or recommendation made by it;
(b) at any time and from time to time vary any award or farm peak:
Provided that no approval, decision, declaration, determination, direction, order, recommendation, award, or farm peak shall be re- opened or varied by the Central Board except in accordance with a specific provision of this Act or, in the absence of any such provision, upon the application of a mill-owner or a cane-grower claiming to be affected or aggrieved thereby.
30. Retrospectivity of awards, &c. Any award of a Local Board and any determination of a farm peak by a Local Board may, if the Local Board so determines, and any award, adopted award, approval, decision, declaration, determination, direction, or order of the Central Board, and any variation of any such award, adopted award, approval, decision, declaration, determination, direction, or order, and any determination of a farm peak and any variation thereof by the Central Board may, if the Central Board so determines, be made to take effect retrospectively so as to cover the whole sugar season with respect to which such award of a Local Board, such determination of a farm peak by the Local Board, such award, adopted award, approval, decision, declaration, determination, direction, or order of the Central Board, or such variation, or such determination of a farm peak or variation thereof by the Central Board, as the case may be, is made.
31. Powers, &c., of Chairman. Subject to this Act the Chairman of the Central Board shall have all the powers, authorities and jurisdiction of a Judge of the Supreme Court in and with respect to the exercise by him of all or any of his powers, authorities and jurisdiction under this Act.
18 s. 32 REGULATION OF SUGAR CANE PRICES ACT 1962-1989
PART IV-REGULATION OF SUGAR CANE PRICES
Division !-Assignments
S. 32A
32. Assignments. (1) Except in a case to which subsection (2) applies, the Central Board has jurisdiction to assign lands to a mill.
(2) Where-
(a) an assignment has been varied by an alteration pursuant to section 37B of the land to which it relates;
or
(b) an assignment has been disposed of wholly or partially, independently of the land to which it relates pursuant to section 3 7 A,
the Local Board constituted with respect to the mill concerned with that assignment has jurisdiction to assign land to the mill to give effect to the alteration or, as the case may be, the transaction that effected the disposal.
(3) In the exercise of its jurisdiction conferred by subsection (1) or (2) the Central Board or a Local Board, as the case may be, may-
(a) cancel any assignment;
(b) from time to time vary an assignment by adding further land to, or removing land from, or substituting other land for, the land to which the assignment relates;
(c) at the time an assignment or variation of an assignment is made, declare that the assignment or variation shall continue for such period and on such conditions as the Central Board or, as the case may be, the Local Board thinks fit.
(4) The Central Board may at any time and from time to time declare that an assignment or variation of an assignment, whether made by that board or a Local Board, shall continue for such period and on such conditions as the Central Board thinks fit.
(5) Where a declaration has been made under subsection (3) or (4) the assignment or variation to which it relates shall continue for the period and subject to the conditions so declared.
(6) The Central Board may from time to tjme cause to be published in the Gazette a description of lands assigned to a mill.
Substituted by Act of 1986, No. 51, s. 7; as amended by Act of 1989, No. 56, s. 17.
32A. Seasonal permit to use unassigned land in same mill area as assigned land. ( 1) The holder of land assigned to a mill may make application in writing to the chairman of the Local Board constituted with respect to the mill for a permit from the Local Board authorizing him to use land other than land to which his assignment relates for growing sugar-cane to honour his obligations as the holder of land to which the assignment relates for any season or seasons specified by him.
s.32A REGULATION OF SUGAR CANE PRICES ACT 1962-1989
(2) An application under subsection (1)-
S. 32A 19
(a) shall not seek a permit in respect of an area that exceeds 15 per centum of the area of land to which the assignment relates;
and
(b) shall include or be accompanied by a plan on which shall be clearly delineated the land that the applicant proposes to use in any season in respect of which the application is made for growing sugar-cane to honour his obligations as holder of land to which the assignment relates together with a specification of the areas of assigned land and other land that is to be so used.
(3) A Local Board shall issue a permit upon an application made under this section if it is satisfied that-
( a) the unassigned land the applicant seeks to use pursuant to the permit is capable of producing commercial crops of sugar-cane when subjected to correct agricultural practices;
and
(b) the land is situated in a location from which sugar-cane may be efficiently delivered to the mill with respect to which the board is constituted.
(4) In determining an application under this section, the Local Board may-
(a) receive evidence or information in such manner and from such sources as it thinks fit;
and
(b) subject to section 68, if it thinks fit conduct an oral hearing into the application and for that purpose cause the applicant and all other persons appearing to the board to have a sufficient interest to be notified in writing of the time and place when and where the board shall conduct the hearing.
(5) Every person notified of a hearing to be conducted by a Local Board under this section shall be entitled to appear before the board and to be heard on the matter of the application at the time and place so notified and at any time and place to which the board may from time to time adjourn the matter.
(6) Subject to paragraph (b) of subsection (4), the determination of a Local Board of an application made under this section may be made at a meeting of the board or by means of a procedure authorized by the board from time to time under which the chairman shall ascertain the determination of the majority of the members of the board without a meeting being convened.
(7) If a majority of the whole of the members of a Local Board approve that a permit should be issued upon an application under this section, the chairman shall sign and issue the permit to the applicant.
