Wine Industry Regulation 2009

This regulation may be cited as the Wine Industry Regulation 2009.

The following particulars must be included in an application for a licence—

a copy of the registered plan of survey and the instrument of title for the premises to which the application relates;

a description of each area from which it is proposed to sell or supply wine on the premises;

a plan of the premises drawn to scale showing the layout of the premises;

if a food business is conducted on the premises—details of the food licence issued by the relevant local government for the food business;

evidence that conducting a proposed business on the premises is permitted under the planning scheme of the relevant local government for the premises;

if the application is for a wine producer licence and the applicant grows, on the premises, fruit for making wine—

the types of fruit grown on the premises for making wine; and

the size of the area in which each type of fruit is grown;

if the application is for a wine producer licence and the applicant makes wine on the premises—a description of the winemaking facilities on the premises;

if the application is for a wine merchant licence—a description of the facilities on the premises that will enable the applicant to contribute to the Queensland wine industry in a substantial way.

In this section—

food business see the Food Act 2006, section 13.

food licence means a licence issued by a local government under the Food Act 2006, section 60 or 64.

planning scheme means a planning scheme under the Planning Act 2016.

relevant local government, for premises, means the local government for the area in which the premises are located.

This section does not apply to a sealed container of wine to which a label was applied before 1 September 1995.

A label on a sealed container in which a licensee’s wine is sold or supplied must state—

the area where the fruit used to make the wine was grown; and

the place the wine was made.

For the Act, section 25(2), an application must be advertised by—

publishing a notice in a newspaper circulating—

in the area of the State to which the application relates; or

in the State, if there is not a newspaper circulating in the area of the State to which the application relates; and

conspicuously displaying a notice on the premises for the submission period.

The notice must state the following information—

the type of licence being applied for;

the name of the applicant;

the name of the premises;

the principal activity of the business operated on the premises;

the trading hours of the premises;

that written submissions may be made to the chief executive objecting to the granting of the application;

the notice date;

the submission period.

The notice under subsection (1)(a) must be published in the newspaper—

once within the first 7 days of the submission period; and

once between 14 and 21 days from the start of the submission period.

The notice under subsection (1)(b) must be printed on a sign that—

is at least 600mm wide and 900mm high; and

has a heading in a bold style; and

has lettering for the heading at least 50mm high; and

has lettering for the body of the text at least 15mm high; and

if situated outdoors—is constructed of weatherproof material.

In this section—

notice date, for an application, means—

if the chief executive and the applicant agreed to a day for the start of advertising the application—the day agreed to; or

otherwise—the day that is 28 days after the chief executive decides that the application should be advertised.

submission period means a period of 28 days starting on the notice date.

A submission to the chief executive objecting to the granting of an application may be made by—

an adult or body of persons that—

has a proper interest in the area of the State to which the application relates; and

is likely to be affected by the grant of the application; or

the local government for the area of the State to which the application relates; or

the Assistant Commissioner in charge of the police service for the area of the State to which the application relates.

A submission objecting to the grant of an application may be made individually or by petition.

A submission objecting to the grant of an application must be made to the chief executive within the submission period.

In this section—

submission period see section 4(5).

The grounds on which a person may object to the grant of an application are—

undue offence, annoyance, disturbance or inconvenience to people living in the locality or travelling to or from an existing or proposed place of public worship, hospital or school in the locality; or

the amenity, quiet or good order of the locality would be adversely affected in some way.

In this section—

locality means the locality of the premises to which the application relates.

A submission purporting to be by petition is ineffective, and may be disregarded, unless—

each sheet of the petition has an identical heading clearly stating the subject matter of the petition and positioned to be clearly legible to every person whose signature on the petition is sought; and

each signatory to the petition adds particulars of his or her connection with the area of the State to which the application relates; and

each sheet of the petition states the name of the petition’s sponsor with whom contact between the chief executive and the signatories to the petition is to take place.

A notice given by the chief executive, or the tribunal, to the sponsor of the petition is taken to be given to all signatories to the petition.

This section applies to the chief executive when considering an application for a licence.

The chief executive may hold a conference with the interested persons for the application.

If a conference is held and a formal agreement is reached between the interested persons for the application, the chief executive must, in considering the application, have regard to the formal agreement.

If a conference is not held or a conference was held but no agreement was reached, the chief executive must, in considering the application, have regard to—

all submissions objecting to the grant of the application; and

the impact on the amenity of the community concerned.

Evidence of anything said or done during a conference is inadmissible in a proceeding before the Tribunal unless the parties to the conference agree otherwise.

In this section—

formal agreement means a written agreement—

signed by interested persons; and

that the chief executive is satisfied is lawful.

interested person, for an application, means—

the applicant; or

a person who has properly made a submission objecting to the application.

The functions of the Queensland Wine Industry Policy Council are—

to consult with, and provide advice to, the Minister about issues of strategic significance to the wine industry; and

to examine, and make recommendations to the Minister on, issues relevant to the wine industry, either on the council’s own initiative or if asked by the Minister; and

to find out, and advise the Minister on, the wine industry’s views about the administration of the industry; and

to provide a forum for discussion of issues relevant to the wine industry; and

to provide a mechanism for the recognition of excellence in the wine industry.

The Queensland Wine Industry Policy Council consists of the number of members (not less than 3 nor more than 5) decided by the Minister.

The Minister must appoint the members on the basis of their capacity to adequately represent the strategic interests of the wine industry.