Queensland Bills Queensland Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Gold Coast Waterways
Authority Bill 2012
Queensland
Gold Coast Waterways Authority Bill 2012
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
3 Purposes of Act and their achievement . . . . . . . . . . . . . . . . . . . . 8
4 Relationship with other Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
5 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Part 2 Interpretation
6 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
7 Meaning of Gold Coast waters and Gold Coast waterways . . . . . 10
Part 3 Gold Coast Waterways Authority
Division 1 Establishment and status
8 Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
9 Legal status . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Division 2 Functions and powers
10 Main function and its achievement . . . . . . . . . . . . . . . . . . . . . . . . 11
11 General powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
12 Powers relating to navigational access. . . . . . . . . . . . . . . . . . . . . 13
13 Powers subject to Ministerial direction . . . . . . . . . . . . . . . . . . . . . 14
14 Delegations by Gold Coast Waterways Authority . . . . . . . . . . . . . 14
Part 4 Waterways management strategy
Division 1 Development and approval of strategy
15 Meaning of waterways management strategy . . . . . . . . . . . . . . . 14
16 Development of waterways management strategy . . . . . . . . . . . . 15
17 Content of waterways management strategy . . . . . . . . . . . . . . . . 15
18 Tabling of waterways management strategy. . . . . . . . . . . . . . . . . 16
Division 2 Waterways management program
19 Development of waterways management program . . . . . . . . . . . 17
Gold Coast Waterways Authority Bill 2012
Contents
20 Consistency with waterways management strategy . . . . . . . . . . . 18
Part 5 Powers relating to waterways management
Division 1 Preliminary
21 General limitation on Gold Coast Waterways Authority's powers
under part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Division 2 Waterways notices
22 Gold Coast Waterways Authority may control activities or conduct
by notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
23 Waterways notices generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
24 Display or publication of waterways notices . . . . . . . . . . . . . . . . . 19
25 Person must comply with waterways notice . . . . . . . . . . . . . . . . . 20
26 Interfering with waterways notices . . . . . . . . . . . . . . . . . . . . . . . . 20
Division 3 Dealing with contravening and abandoned property
27 Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
28 Moving contravening property . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
29 Reasonable steps must be taken to find owner of abandoned
property ..................................... 23
30 A person may claim property . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
31 Sale of abandoned property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
32 Abandoned property of insufficient value . . . . . . . . . . . . . . . . . . . 25
Division 4 Review of decisions
33 Definitions for div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
34 Internal review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
35 External review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Part 6 Ministerial directions, reporting and information
36 Ministerial directions or guidelines to Gold Coast Waterways
Authority .................................... 26
37 Ministerial access to information . . . . . . . . . . . . . . . . . . . . . . . . . 27
38 Quarterly performance reports . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
39 Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Part 7 Financial provisions
40 Application of financial Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
41 Amounts received must be paid into the consolidated fund . . . . . 28
42 Marina owner levy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Part 8 Gold Coast Waterways Authority Board
Division 1 Establishment and membership
43 Gold Coast Waterways Authority Board controls the Authority . . 30
Page 2
Gold Coast Waterways Authority Bill 2012
Contents
44 Membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
45 Appointed members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
46 Duration of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
47 Terms and conditions of appointment. . . . . . . . . . . . . . . . . . . . . . 31
48 Vacation of office of appointed member . . . . . . . . . . . . . . . . . . . . 31
49 Suspension from office of appointed members . . . . . . . . . . . . . . 31
50 Removal from office of appointed members. . . . . . . . . . . . . . . . . 32
51 Delegation by particular member . . . . . . . . . . . . . . . . . . . . . . . . . 33
Division 2 Meetings and other business
52 Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
53 Times and places of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
54 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
55 Presiding at meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
56 Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
57 Decisions outside meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
58 Minutes and record of decisions. . . . . . . . . . . . . . . . . . . . . . . . . . 34
Division 3 Miscellaneous provisions
59 Protection of members from civil liability . . . . . . . . . . . . . . . . . . . 35
Part 9 Staff
Division 1 Chief executive officer
60 Chief executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
61 Acting chief executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
62 Functions and powers of the chief executive officer . . . . . . . . . . . 36
63 Delegations by chief executive officer . . . . . . . . . . . . . . . . . . . . . 36
Division 2 Employees
64 Employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
65 Chief executive officer may employ employees . . . . . . . . . . . . . . 37
66 Preservation of rights of particular public service officers . . . . . . 38
67 Tenure as public service officer on ending of particular employment
contracts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Part 10 Miscellaneous provisions
68 Request for information from prospective appointees . . . . . . . . . 39
69 Disclosure of disqualification by appointees. . . . . . . . . . . . . . . . . 40
70 Disclosure of conflicts of interest by appointees. . . . . . . . . . . . . . 40
71 Review of Gold Coast Waterways Authority's operations . . . . . . . 40
72 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Page 3
Gold Coast Waterways Authority Bill 2012
Contents
Part 11 Repeals
73 Repeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Part 12 Transitional provisions
74 Definition for pt 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
75 Waterways management strategy . . . . . . . . . . . . . . . . . . . . . . . . 42
76 Waterways management program . . . . . . . . . . . . . . . . . . . . . . . . 42
77 Marina owner levy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
78 Transfer of particular State assets and liabilities to Gold Coast
Waterways Authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
79 Registration of transferred assets. . . . . . . . . . . . . . . . . . . . . . . . . 43
80 Novation of particular State contracts to Gold Coast Waterways
Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
Part 13 Amendment of Acts
Division 1 Amendment of this Act
81 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
82 Amendment of long title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Division 2 Public Service Act 2008
83 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
84 Amendment of sch 1 (Public service offices and their heads) . . . 46
Division 3 Transport Infrastructure Act 1994
85 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
86 Amendment of s 461 (Management by chief executive). . . . . . . . 47
87 Insertion of new s 461A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
461A Management by Gold Coast Waterways Authority . . . 47
88 Amendment of s 464 (Management by another person) . . . . . . . 48
89 Amendment of s 466 (Fees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
90 Replacement of ch 15, pt 2, hdg (Management of waterways) . . 48
91 Replacement of ch 15, pt 2, divs 1 and 2 . . . . . . . . . . . . . . . . . . . 48
Division 1 Preliminary
470 Purpose of pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
471 Meaning of waterway management regulation. . . . . . 49
92 Replacement of ch 15, pt 2, div 3, hdg (Authorised persons for
waterway transport management plans) . . . . . . . . . . . . . . . . . . . 49
93 Renumbering of ch 15, pt 2, divs 3 and 4. . . . . . . . . . . . . . . . . . . 49
94 Insertion of new s 472 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
472 Functions of authorised persons . . . . . . . . . . . . . . . . 50
95 Amendment of s 475A (Authorised persons) . . . . . . . . . . . . . . . . 50
Page 4
Gold Coast Waterways Authority Bill 2012
Contents
96 Amendment of s 475B (Appointment conditions and limit on powers) 51
97 Amendment of s 475C (Issue of identity card to each authorised
person) .................................... 51
98 Amendment of s 475D (Production or display of identity card) . . 51
99 Amendment of s 475F (Resignation) . . . . . . . . . . . . . . . . . . . . . . 52
100 Amendment of s 475G (Return of identity card). . . . . . . . . . . . . . 52
101 Amendment of s 475L (Issue of warrant) . . . . . . . . . . . . . . . . . . . 52
102 Amendment of s 475P (Notice of intention to remove watercraft) 52
103 Amendment of s 475Q (Removing illegally anchored or moored
watercraft). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
104 Amendment of s 475R (Removal of hazardous watercraft) . . . . . 53
105 Amendment of s 475S (Giving notice of removal of watercraft) . . 53
106 Amendment of s 475T (Dealing with removed watercraft) . . . . . . 53
107 Amendment of s 475U (Proceeds from the sale of removed
watercraft) .................................... 53
108 Amendment of s 475W (Dealing with forfeited sample or thing) . 54
109 Amendment of s 475X (Direction to stop contravening plan) . . . . 54
110 Amendment of s 475Y (Power to require name and address) . . . 54
111 Amendment of s 476 (Amounts payable to chief executive are debts
owing to the State) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
112 Amendment of s 480 (Disposal of fees, penalties etc.) . . . . . . . . 55
113 Amendment of sch 1 (Subject matter for regulations) . . . . . . . . . 55
114 Omission of sch 2 (Subject matter for waterway transport
management plans) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
115 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 56
Division 4 Transport Operations (Marine Pollution) Act 1995
116 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
117 Amendment of s 66 (Reception facilities) . . . . . . . . . . . . . . . . . . . 57
118 Amendment of s 72 (Appointment of authorised officers) . . . . . . 58
119 Amendment of s 111 (Definitions for part) . . . . . . . . . . . . . . . . . . 58
120 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 59
Division 5 Transport Operations (Marine Safety) Act 1994
121 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
122 Amendment of s 18A (Exempting of person or ship from regulatory
provision) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
123 Insertion of new s 77A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
77A Harbour master to consult with Gold Coast Waterways
Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
Page 5
Gold Coast Waterways Authority Bill 2012
Contents
124 Insertion of new s 105A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
105A Gold Coast Waterways Authority may set up aid to
navigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
125 Amendment of s 157 (Appointment of shipping inspectors) . . . . . 60
126 Amendment of s 203B (Internal review of decisions) . . . . . . . . . . 61
127 Amendment of s 203C (External review of decisions) . . . . . . . . . 61
128 Amendment of s 206A (General manager's power to fix speed
limits for ships) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
129 Insertion of new s 206AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
206AA Gold Coast Waterways Authority's power to fix speed
limits for ships. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
130 Amendment of s 218 (Other matters for regulations) . . . . . . . . . . 63
131 Insertion of new pt 19, div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
Division 5 Provision for Gold Coast Waterways Authority
Act 2012
246 Fixing of speed limits for ships for Gold Coast waters 63
132 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 64
Division 6 Transport Operations (Road Use Management) Act 1995
133 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
134 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 64
Schedule 1 Gold Coast waters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
1 Area near the mouth of Currumbin Creek . . . . . . . . . . . . . . . . . . 66
2 Area near the Gold Coast Seaway . . . . . . . . . . . . . . . . . . . . . . . . 66
3 Area near the mouth of Tallebudgera Creek. . . . . . . . . . . . . . . . . 67
Schedule 2 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
Page 6
2012
A Bill
for
An Act to provide for the establishment of the Gold Coast
Waterways Authority, and to amend this Act, the Public Service
Act 2008, the Transport Infrastructure Act 1994, the Transport
Operations (Marine Pollution) Act 1995, the Transport
Operations (Marine Safety) Act 1994 and the Transport
Operations (Road Use Management) Act 1995 for particular
purposes
Gold Coast Waterways Authority Bill 2012
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
1 Short title 3
This Act may be cited as the Gold Coast Waterways Authority 4
Act 2012. 5
2 Commencement 6
(1) This Act, other than part 13, divisions 1 and 6, commences on 7
1 December 2012. 8
(2) Part 13, divisions 1 and 6 commence on a day to be fixed by 9
proclamation. 10
3 Purposes of Act and their achievement 11
(1) The main purpose of this Act is to deliver the best possible 12
management of the Gold Coast waterways at reasonable cost 13
to the community and government, while keeping government 14
regulation to a minimum. 15
(2) Other purposes of this Act are to do the following-- 16
(a) plan for and facilitate the development of the Gold 17
Coast waterways over the long term in a way that is 18
sustainable and considers the impact of development on 19
the environment; 20
(b) improve and maintain navigational access to the Gold 21
Coast waterways; 22
(c) develop and improve public marine facilities relating to 23
the Gold Coast waterways; 24
(d) promote and manage the sustainable use of the Gold 25
Coast waterways for marine industries, tourism and 26
recreation. 27
Page 8
Gold Coast Waterways Authority Bill 2012
Part 1 Preliminary
[s 4]
(3) To achieve the purposes, this Act establishes the Gold Coast 1
Waterways Authority to strategically plan for, facilitate and 2
manage the development and use of the Gold Coast 3
waterways. 4
4 Relationship with other Acts 5
(1) This Act does not affect the operation of the following Acts-- 6
(a) the Fisheries Act 1994; 7
(b) the Marine Parks Act 2004; 8
(c) the Maritime Safety Queensland Act 2002; 9
(d) the Transport Infrastructure Act 1994; 10
(e) the Transport Operations (Marine Pollution) Act 1995; 11
(f) the Transport Operations (Marine Safety) Act 1994. 12
(2) This Act does not affect the functions or obligations of a local 13
government under the following laws-- 14
(a) the Coastal Protection and Management Act 1995; 15
(b) the Local Government Act 2009 or a local law made 16
under that Act; 17
(c) the Sustainable Planning Act 2009. 18
5 Act binds all persons 19
(1) This Act binds all persons including the State and, to the 20
extent the legislative power of the Parliament permits, the 21
Commonwealth and the other States. 22
(2) Nothing in this Act makes the State liable to be prosecuted for 23
an offence. 24
Page 9
Gold Coast Waterways Authority Bill 2012
Part 2 Interpretation
[s 6]
Part 2 Interpretation 1
6 Definitions 2
The dictionary in schedule 2 defines particular words used in 3
this Act. 4
7 Meaning of Gold Coast waters and Gold Coast waterways 5
(1) The Gold Coast waters are all of the waters within the 6
following areas-- 7
(a) the Gold Coast City local government area; 8
(b) the area near the mouth of Currumbin Creek described 9
in schedule 1, section 1; 10
(c) the area near the Gold Coast Seaway described in 11
schedule 1, section 2; 12
(d) the area near the mouth of Tallebudgera Creek described 13
in schedule 1, section 3. 14
(2) The Gold Coast waterways are all of the waterways in Gold 15
Coast waters. 16
Part 3 Gold Coast Waterways 17
Authority 18
Division 1 Establishment and status 19
8 Establishment 20
The Gold Coast Waterways Authority is established. 21
Page 10
Gold Coast Waterways Authority Bill 2012
Part 3 Gold Coast Waterways Authority
[s 9]
9 Legal status 1
(1) The authority-- 2
(a) is a body corporate, consisting of the board members 3
provided for under part 8, division 1; and 4
(b) has perpetual succession; and 5
(c) has a seal; and 6
(d) may sue or be sued in its corporate name. 7
(2) The authority represents the State. 8
(3) Without limiting subsection (2), the authority has all the 9
privileges and immunities of the State. 10
Division 2 Functions and powers 11
10 Main function and its achievement 12
(1) The authority's main function is to give effect to the purposes 13
of this Act. 14
(2) The main function is performed primarily by the authority 15
doing the following in relation to the Gold Coast waterways-- 16
(a) developing, under part 4-- 17
(i) a waterways management strategy; and 18
(ii) a waterways management program; 19
(b) ensuring the effective and efficient management of the 20
following, including by exercising the powers under part 21
5-- 22
(i) water traffic and public marine facilities; 23
(ii) the use of the Gold Coast waterways; 24
(c) performing functions conferred on the authority under 25
the following Acts-- 26
(i) the Transport Infrastructure Act 1994; 27
Page 11
Gold Coast Waterways Authority Bill 2012
Part 3 Gold Coast Waterways Authority
[s 11]
Examples of functions conferred on the authority under the 1
Transport Infrastructure Act 1994-- 2
· managing public marine facilities 3
· managing, under a waterways management regulation 4
made under that Act, the use of waterways 5
(ii) the Transport Operations (Marine Pollution) Act 6
1995; 7
Examples of functions conferred on the authority under the 8
Transport Operations (Marine Pollution) Act 1995-- 9
· through employees of the authority appointed as 10
authorised officers, dealing with the discharge of 11
ship-sourced pollutants into coastal waters 12
· providing, arranging for the provision of, or directing 13
the provision of reception facilities 14
· recovering discharge expenses incurred in relation to 15
a discharge or likely discharge of pollutant from a 16
ship into coastal waters 17
(iii) the Transport Operations (Marine Safety) Act 18
1994; 19
Examples of functions conferred on the authority under the 20
Transport Operations (Marine Safety) Act 1994-- 21
· setting up, entering into agreements to set up and 22
maintaining aids to navigation 23
· fixing speed limits for ships 24
· approving the establishment of buoy moorings 25
· giving consent for the holding of aquatic events 26
(d) performing any other function conferred on the 27
authority under this Act or another law. 28
11 General powers 29
(1) The authority has the powers-- 30
(a) necessary or convenient to perform its functions; or 31
(b) incidental to the performance of its functions; or 32
(c) to help achieve the purposes of this Act. 33
Page 12
Gold Coast Waterways Authority Bill 2012
Part 3 Gold Coast Waterways Authority
[s 12]
(2) Without limiting subsection (1), the authority may do all or 1
any of the following-- 2
(a) acquire, hold, dispose of, and deal with property; 3
(b) appoint agents and attorneys; 4
(c) engage consultants; 5
(d) enter into contracts, joint ventures and commercial 6
arrangements; 7
(e) do anything necessary or convenient to be done in the 8
performance of its functions under an Act. 9
(3) In performing its functions, the authority may act alone or in 10
conjunction with public sector units, local governments and 11
other entities. 12
(4) The authority also has the powers conferred on it under 13
another provision of this Act or under another Act. 14
12 Powers relating to navigational access 15
(1) For the purposes of improving or maintaining navigational 16
access to the Gold Coast waterways, the authority may-- 17
(a) dredge and otherwise improve and maintain 18
navigational channels for the Gold Coast waterways; 19
and 20
(b) reduce or remove a shoal, bank or accumulation in Gold 21
Coast waters that impedes navigation. 22
(2) The authority is not liable to pay royalties or similar charges 23
for extractive material removed in exercising a power under 24
subsection (1) if the material is disposed of-- 25
(a) in an area approved by the Minister; and 26
(b) under environmental controls relating to extractive 27
material under an Act. 28
Page 13
Gold Coast Waterways Authority Bill 2012
Part 4 Waterways management strategy
[s 13]
13 Powers subject to Ministerial direction 1
The exercise of any of the authority's powers is subject to 2
Ministerial directions. 3
14 Delegations by Gold Coast Waterways Authority 4
(1) The authority may delegate its functions under an Act to-- 5
(a) a member; or 6
(b) the chief executive officer; or 7
(c) any other appropriately qualified person. 8
(2) However, the authority can not delegate its functions under 9
part 4. 10
(3) A delegation of a function may permit the subdelegation of 11
the function to an appropriately qualified person. 12
(4) If the function is performed under another Act, the power to 13
delegate or subdelegate is subject to the other Act. 14
Part 4 Waterways management 15
strategy 16
Division 1 Development and approval of 17
strategy 18
15 Meaning of waterways management strategy 19
(1) A waterways management strategy is a 10-year management 20
strategy about the long-term sustainable use, management and 21
development of the Gold Coast waterways. 22
(2) The purposes of a waterways management strategy are to-- 23
Page 14
Gold Coast Waterways Authority Bill 2012
Part 4 Waterways management strategy
[s 16]
(a) establish a clear direction for the sustainable use, 1
management and development of the Gold Coast 2
waterways for a 10-year period; and 3
(b) identify the needs and priorities for the sustainable use, 4
management and development of the Gold Coast 5
waterways into the future, having regard to the benefits 6
for and impacts on the community, environment and 7
economy of the Gold Coast City local government area. 8
16 Development of waterways management strategy 9
(1) The authority must, from time to time, develop for the 10
Minister's approval a waterways management strategy. 11
(2) In developing a waterways management strategy, the authority 12
must-- 13
(a) have regard to the purposes of this Act; and 14
(b) consult with, and consider the views of, the Gold Coast 15
City Council; and 16
(c) within the Gold Coast City local government area, take 17
reasonable steps to engage in public consultation. 18
(3) The Minister may, at any time, direct the authority to prepare 19
a new waterways management strategy for the Minister's 20
approval or to amend an existing strategy in the way the 21
Minister directs. 22
(4) In relation to a waterways management strategy submitted for 23
approval, the Minister may-- 24
(a) approve the strategy; or 25
(b) direct the authority to amend the strategy in the way the 26
Minister directs. 27
17 Content of waterways management strategy 28
(1) A waterways management strategy must include the 29
following-- 30
Page 15
Gold Coast Waterways Authority Bill 2012
Part 4 Waterways management strategy
[s 18]
(a) a statement of the specific objectives sought to be 1
achieved in relation to the Gold Coast waterways; 2
(b) any proposals for the provision of navigational access 3
to, and public marine facilities for, the Gold Coast 4
waterways; 5
(c) any proposals for the use of the Gold Coast waterways 6
for activities; 7
(d) investment criteria for deciding priorities for improving 8
and maintaining navigational access, developing and 9
improving public marine facilities and other waterways 10
management initiatives and options for financing the 11
priorities; 12
(e) appropriate performance indicators for deciding 13
whether, and to what extent, the objectives of the 14
strategy have been achieved. 15
(2) A waterways management strategy must have regard to 16
agreements or arrangements between the State and the Gold 17
Coast City Council about navigational access to, marine 18
infrastructure for, and management of, the Gold Coast 19
waterways. 20
18 Tabling of waterways management strategy 21
(1) The Minister must table a copy of a waterways management 22
strategy in the Legislative Assembly within 5 sitting days after 23
approving the strategy. 24
(2) In this section-- 25
waterways management strategy includes an amendment of a 26
waterways management strategy. 27
Page 16
Gold Coast Waterways Authority Bill 2012
Part 4 Waterways management strategy
[s 19]
Division 2 Waterways management program 1
19 Development of waterways management program 2
(1) Before the start of each financial year, the authority must 3
develop for the Minister's approval a Gold Coast waterways 4
management program for the year and the following 3 years (a 5
waterways management program). 6
(2) A waterways management program must include each of the 7
following for the period to which the program relates-- 8
(a) the policies and financial measures for implementing the 9
waterways management strategy; 10
(b) the performance targets to be achieved; 11
(c) details of projects to improve and maintain navigational 12
access to Gold Coast waters and to develop and improve 13
public marine facilities; 14
(d) details of measures to be taken to implement and 15
monitor compliance with a waterways management 16
regulation made under the Transport Infrastructure Act 17
1994 to the extent the regulation applies to Gold Coast 18
waters. 19
(3) In developing a waterways management program, the 20
authority must take reasonable steps to consult with the Gold 21
Coast City Council, the community of the Gold Coast City 22
local government area and sectors of the maritime industry 23
that, in the authority's opinion, would be affected by the 24
program. 25
(4) A waterways management program must be-- 26
(a) published on the authority's website; and 27
(b) available for inspection at the authority's office during 28
normal business hours. 29
(5) The Minister may at any time direct the authority to amend a 30
waterways management program. 31
Page 17
Gold Coast Waterways Authority Bill 2012
Part 5 Powers relating to waterways management
[s 20]
(6) In relation to a waterways management program submitted for 1
approval, the Minister may-- 2
(a) approve the program; or 3
(b) direct the authority to amend the program in a the way 4
the Minister directs. 5
20 Consistency with waterways management strategy 6
(1) Subject to directions of the Minister, a waterways 7
management program must be consistent with a waterways 8
management strategy. 9
(2) If the Minister gives a direction under this part that results in a 10
waterways management program being inconsistent with a 11
waterways management strategy, the Minister must table a 12
copy of the direction in the Legislative Assembly within 5 13
sitting days after it is given. 14
Part 5 Powers relating to waterways 15
management 16
Division 1 Preliminary 17
21 General limitation on Gold Coast Waterways Authority's 18
powers under part 19
The powers of the authority under this part-- 20
(a) may only be exercised in relation to Gold Coast waters; 21
and 22
(b) must be exercised subject to the powers of each of the 23
following-- 24
(i) the general manager under part 14A of the 25
Transport Operations (Marine Safety) Act 1994; 26
Page 18
Gold Coast Waterways Authority Bill 2012
Part 5 Powers relating to waterways management
[s 22]
(ii) a harbour master under the Transport Operations 1
(Marine Safety) Act 1994; 2
(iii) the general manager, including the general 3
manager operating as the marine pollution 4
controller, under part 12 of the Transport 5
Operations (Marine Pollution) Act 1995. 6
Division 2 Waterways notices 7
22 Gold Coast Waterways Authority may control activities or 8
conduct by notice 9
The authority may display or publish a notice (a waterways 10
notice) in the way required under section 24 to control 11
activities or conduct in Gold Coast waters for the following 12
purposes-- 13
(a) maintaining or improving the effective and efficient 14
management of the Gold Coast waterways; 15
(b) maintaining fair and reasonable access to public marine 16
facilities for users of the Gold Coast waterways; 17
(c) moving or mooring watercraft, or controlling activities 18
on or by watercraft, in Gold Coast waters. 19
23 Waterways notices generally 20
A waterways notice must-- 21
(a) indicate the thing or area to which the notice applies; 22
and 23
(b) state that contravention of a requirement of the notice is 24
an offence against this Act and the maximum penalty for 25
the offence. 26
24 Display or publication of waterways notices 27
(1) To have effect, a waterways notice must-- 28
Page 19
Gold Coast Waterways Authority Bill 2012
Part 5 Powers relating to waterways management
[s 25]
(a) be displayed, in a way that is clearly visible to 1
passers-by, on or near the thing or area to which it 2
relates; or 3
(b) be published on the authority's website. 4
(2) Before a waterways notice mentioned in subsection (1)(b) has 5
effect, the authority must publish the waterways notice in a 6
newspaper circulated in the Gold Coast City local government 7
area. 8
(3) A copy of a waterways notice must be available during normal 9
business hours for inspection at the authority's office. 10
(4) Evidence that a sign displaying a waterways notice was on or 11
near the thing or area to which it relates is evidence that the 12
notice was displayed by the authority. 13
25 Person must comply with waterways notice 14
A person must comply with each requirement of a waterways 15
notice, unless the person has a reasonable excuse for not 16
complying with it. 17
Maximum penalty-- 18
(a) for a contravention of a requirement of a waterways 19
notice about the movement or mooring of, or activities 20
on or by, a watercraft--100 penalty units; or 21
(b) otherwise--25 penalty units. 22
26 Interfering with waterways notices 23
(1) This section applies to a waterways notice, other than a 24
waterways notice published on the authority's website. 25
(2) A person must not unlawfully interfere with the waterways 26
notice. 27
Maximum penalty--25 penalty units. 28
(3) In this section-- 29
Page 20
Gold Coast Waterways Authority Bill 2012
Part 5 Powers relating to waterways management
[s 27]
interfere, with a waterways notice, includes remove or 1
damage the waterways notice. 2
Division 3 Dealing with contravening and 3
abandoned property 4
Note-- 5
The powers of the authority under this division do not affect a function 6
or obligation of a local government to deal with abandoned property 7
under another law. See section 4(2). 8
27 Definitions for div 3 9
In this division-- 10
abandoned property means a watercraft, part of a watercraft, 11
or other property, that the authority reasonably believes is 12
abandoned, lost or stranded in Gold Coast waters or on land 13
adjacent to Gold Coast waters. 14
Examples of land adjacent to Gold Coast waters-- 15
mudflats, banks of rivers, foreshores 16
contravening property means a watercraft, part of a 17
watercraft, or other property, that is moored or left in Gold 18
Coast waters or on land adjacent to Gold Coast waters in 19
contravention of a requirement of a waterways notice. 20
insufficient value, in relation to property, means the 21
property-- 22
(a) is of no value; or 23
(b) if sold by the authority, would not be likely to return 24
sufficient proceeds of sale to cover the total of the 25
following amounts-- 26
(i) the expenses reasonably incurred by the authority 27
in selling the property; 28
(ii) the expenses reasonably incurred by the authority 29
in dealing with the property under this division; 30
Page 21
Gold Coast Waterways Authority Bill 2012
Part 5 Powers relating to waterways management
[s 28]
(iii) the charges, interest and other expenses owing to 1
the authority in relation to the property. 2
property does not include land or an interest in land. 3
28 Moving contravening property 4
(1) This section applies to contravening property found by the 5
authority if-- 6
(a) the authority reasonably believes it is necessary to move 7
the contravening property having regard to-- 8
(i) the effective and efficient management and use of 9
the Gold Coast waterways; or 10
(ii) the safety or security of the users of the Gold Coast 11
waterways or the authority's employees; and 12
(b) the authority-- 13
(i) can not immediately find the person in charge of 14
the contravening property; or 15
(ii) reasonably believes the person in charge of the 16
contravening property can not, or will not, move 17
the contravening property immediately. 18
(2) The authority may-- 19
(a) take steps necessary and reasonable to have the 20
contravening property moved; and 21
(b) if the contravening property consists of goods that are 22
perishable or is of insufficient value--treat the goods as 23
abandoned property. 24
(3) In this section-- 25
person in charge, of contravening property, means-- 26
(a) for a watercraft--the person having command or charge 27
of the watercraft; or 28
(b) otherwise--the owner of the property or another person 29
in charge of the property. 30
Page 22
Gold Coast Waterways Authority Bill 2012
Part 5 Powers relating to waterways management
[s 29]
29 Reasonable steps must be taken to find owner of 1
abandoned property 2
(1) This section applies to abandoned property found by the 3
authority, unless the property-- 4
(a) is of insufficient value; or 5
(b) is perishable and it is impracticable for the authority to 6
keep it having regard to its nature and condition. 7
(2) The authority-- 8
(a) must take reasonable steps to locate the owner of the 9
property; and 10
(b) may have the property moved to a place it considers 11
appropriate. 12
(3) If the authority has located the owner of the property within 13
28 days after the property was found, the authority must give 14
the owner a written notice-- 15
(a) describing the property; and 16
(b) stating the property has been found; and 17
(c) explaining how the property may be recovered; and 18
(d) stating the property may be sold or disposed of if it is 19
not recovered. 20
(4) If the authority has not located the owner of the property 21
within 28 days after finding the property, the authority must 22
publish a notice in a newspaper circulating generally in the 23
Gold Coast City local government area that includes the 24
matters mentioned in subsection (3)(a) to (d). 25
30 A person may claim property 26
The authority must return abandoned property to a person if 27
the person, within 28 days after the notice is given or 28
published under section 29-- 29
(a) satisfies the authority that the person is the owner of the 30
property; and 31
Page 23
Gold Coast Waterways Authority Bill 2012
Part 5 Powers relating to waterways management
[s 31]
(b) pays the expenses reasonably incurred by the authority 1
in dealing with the property under this division. 2
31 Sale of abandoned property 3
(1) The authority may sell abandoned property if-- 4
(a) a person does not claim the abandoned property within 5
28 days after the authority has given or published a 6
notice about the property under section 29; or 7
(b) the property is perishable and it is impracticable for the 8
authority to keep it having regard to its nature and 9
condition. 10
(2) If abandoned property is sold by the authority, the proceeds of 11
the sale must be applied in the following order-- 12
(a) in payment of the expenses reasonably incurred by the 13
authority in selling the property; 14
(b) in payment of the expenses reasonably incurred by the 15
authority in dealing with the property under this 16
division; 17
(c) in payment of charges, interest and other expenses 18
owing to the authority in relation to the property; 19
(d) if there is an amount owing to an entity under a security 20
interest registered for the abandoned property under the 21
Personal Property Securities Act 2009 (Cwlth)--in 22
payment of the amount owing under the security 23
interest; 24
(e) the balance to the owner of the abandoned property or, if 25
the owner can not be found, to the consolidated fund. 26
(3) If the proceeds of the sale are less than the total of the 27
expenses mentioned in subsection (2)(a), (b) and (c), the 28
difference is a debt owing to the State by the owner. 29
(4) Compensation may not be recovered against the authority in 30
relation to a payment under this section. 31
Page 24
Gold Coast Waterways Authority Bill 2012
Part 5 Powers relating to waterways management
[s 32]
32 Abandoned property of insufficient value 1
The authority may dispose of abandoned property that is of 2
insufficient value in the way the authority considers 3
appropriate. 4
Division 4 Review of decisions 5
33 Definitions for div 4 6
In this division-- 7
original decision means a decision made under this part by 8
the authority or a delegate of the authority, other than a 9
reviewed decision. 10
reviewed decision means the authority's decision made, or 11
taken to have been made, on a review under section 34. 12
34 Internal review 13
(1) A person whose interests are affected by an original decision 14
may ask the authority to review the decision. 15
(2) The Transport Planning and Coordination Act 1994, part 5, 16
division 2-- 17
(a) applies to the review; and 18
(b) provides-- 19
(i) for the procedure for applying for the review and 20
the way it is to be carried out; and 21
(ii) that the person may apply to QCAT to have the 22
original decision stayed. 23
(3) For applying the Transport Planning and Coordination Act 24
1994, part 5, division 2, a reference to the chief executive in 25
that division, including, for example, in sections 33 and 34 of 26
that Act, is taken to be a reference to the authority. 27
Page 25
Gold Coast Waterways Authority Bill 2012
Part 6 Ministerial directions, reporting and information
[s 35]
35 External review 1
(1) If a reviewed decision is not the decision sought by the 2
applicant for the review, the authority must give the applicant 3
a QCAT information notice for the reviewed decision. 4
(2) The applicant may apply, as provided under the QCAT Act, to 5
QCAT for a review of the reviewed decision. 6
Note-- 7
The QCAT Act, section 22(3) provides that QCAT may stay the 8
operation of the reviewed decision, either on application by a person or 9
on its own initiative. 10
(3) In this section-- 11
QCAT information notice means a notice complying with the 12
QCAT Act, section 157(2). 13
Part 6 Ministerial directions, reporting 14
and information 15
36 Ministerial directions or guidelines to Gold Coast 16
Waterways Authority 17
(1) The Minister may give the authority-- 18
(a) a written direction about the performance of its 19
functions (a Ministerial direction); or 20
(b) written guidelines to help the authority perform its 21
functions. 22
(2) A Ministerial direction may prohibit the authority from 23
acquiring a particular asset or an asset of a particular type. 24
(3) The authority must comply with a Ministerial direction. 25
Page 26
Gold Coast Waterways Authority Bill 2012
Part 6 Ministerial directions, reporting and information
[s 37]
37 Ministerial access to information 1
(1) The Minister may, by written notice, require the authority to 2
prepare, approve and give the Minister or a stated person in a 3
stated government entity stated information or stated 4
documents, or copies of documents, in the authority's 5
possession. 6
(2) The authority must comply with the requirement. 7
(3) In this section-- 8
government entity see the Public Service Act 2008, section 9
24. 10
38 Quarterly performance reports 11
(1) The authority must prepare, approve and give the Minister a 12
written report about the performance of its functions at 13
quarterly intervals or other more frequent intervals as directed 14
by the Minister. 15
(2) Without limiting subsection (1), the report must address the 16
following matters in relation to the Gold Coast waterways-- 17
(a) projects relating to improving and maintaining 18
navigational access to Gold Coast waters and 19
developing and improving public marine facilities and 20
the progress of the projects; 21
(b) waterways management activities; 22
(c) revenue and expenditure. 23
39 Annual report 24
(1) This section applies to each annual report the authority is 25
required to prepare and give to the Minister under the 26
Financial Accountability Act 2009, section 63. 27
(2) The annual report must include the following-- 28
(a) a copy of any Ministerial directions given during the 29
year to which the report relates (the year); 30
Page 27
Gold Coast Waterways Authority Bill 2012
Part 7 Financial provisions
[s 40]
(b) a statement about how the authority performed its 1
functions during the year compared with the expected 2
performance for the year under the relevant waterways 3
management program; 4
(c) details about projects relating to improving and 5
maintaining navigational access to Gold Coast waters 6
and developing and improving public marine facilities 7
undertaken during the year; 8
(d) any other matter prescribed under a regulation. 9
(3) This section does not limit the application of the Financial 10
Accountability Act 2009. 11
Part 7 Financial provisions 12
40 Application of financial Acts 13
(1) The authority is-- 14
(a) a statutory body under the Financial Accountability Act 15
2009; and 16
(b) a statutory body under the Statutory Bodies Financial 17
Arrangements Act 1982. 18
(2) The Statutory Bodies Financial Arrangements Act 1982, part 19
2B sets out the way in which the authority's powers under this 20
Act are affected by that Act. 21
41 Amounts received must be paid into the consolidated 22
fund 23
The authority must pay amounts received under this or 24
another Act into the consolidated fund, including the 25
following-- 26
(a) amounts received from the proceeds of sale of 27
abandoned property under section 31; 28
Page 28
Gold Coast Waterways Authority Bill 2012
Part 7 Financial provisions
[s 42]
(b) amounts received for annual levies from an owner of a 1
marina under section 42; 2
(c) amounts received, to the extent they relate to the Gold 3
Coast waterways-- 4
(i) from the proceeds of sale of a watercraft under the 5
Transport Infrastructure Act 1994, section 475U; 6
and 7
(ii) for fees in relation to buoy moorings and aquatic 8
events under the Transport Operations (Marine 9
Safety) Act 1994. 10
42 Marina owner levy 11
(1) The owner of a marina must pay an annual levy to the 12
authority as a contribution towards providing and maintaining 13
public marine facilities. 14
(2) The levy must be paid within 30 days after the authority gives 15
written notice of the levy to the owner of the marina. 16
(3) The amount of the levy is the amount prescribed under a 17
regulation. 18
(4) In this section-- 19
marina means a jetty, mooring, pontoon or berth, or 20
combination of them, that can be used to moor at least 3 21
watercraft. 22
owner, of a marina, includes a person who-- 23
(a) exercises or purports to exercise the powers of the 24
owner; and 25
(b) operates the marina or causes or allows the marina to be 26
operated by someone else. 27
Page 29
Gold Coast Waterways Authority Bill 2012
Part 8 Gold Coast Waterways Authority Board
[s 43]
Part 8 Gold Coast Waterways 1
Authority Board 2
Division 1 Establishment and membership 3
43 Gold Coast Waterways Authority Board controls the 4
Authority 5
The Gold Coast Waterways Authority Board controls the 6
Authority. 7
44 Membership 8
The board consists of 7 persons (each a member) made up 9
of-- 10
(a) a chairperson (an appointed member); and 11
(b) the mayor of the Gold Coast City Council; and 12
(c) 5 other persons (each also an appointed member). 13
45 Appointed members 14
(1) Appointed members are to be appointed by the Governor in 15
Council, by gazette notice, on the recommendation of the 16
Minister. 17
(2) A person may be appointed as an appointed member only if 18
the person is not a disqualified person and the person-- 19
(a) has knowledge of and experience in 1 or more of the 20
following relevant to the Gold Coast waterways-- 21
(i) the representation of the interests of stakeholders 22
in the Gold Coast waterways, including industry, 23
recreational users, tourism operators and interested 24
groups; 25
(ii) marine, coastal or waterways planning; 26
(iii) environmental management; 27
Page 30
Gold Coast Waterways Authority Bill 2012
Part 8 Gold Coast Waterways Authority Board
[s 46]
(iv) marine, coastal, waterways or infrastructure 1
engineering; 2
(v) commercial and marketing development; 3
(vi) maritime business; or 4
(b) has other knowledge and experience the Minister 5
considers appropriate. 6
46 Duration of appointment 7
(1) An appointed member holds office for the term, of not more 8
than 3 years, stated in the member's instrument of 9
appointment. 10
(2) If an appointed member is reappointed, the total of the 11
member's terms of office may not be longer than 6 years. 12
47 Terms and conditions of appointment 13
(1) An appointed member is to be paid the remuneration and 14
allowances decided by the Governor in Council in the 15
person's instrument of appointment. 16
(2) An appointed member holds office on the terms and 17
conditions, not provided for by this Act, that are decided by 18
the Governor in Council. 19
48 Vacation of office of appointed member 20
The office of an appointed member becomes vacant if the 21
member-- 22
(a) completes a term of office; or 23
(b) resigns office by signed notice given to the Minister; or 24
(c) is removed from office as a member under section 50. 25
49 Suspension from office of appointed members 26
(1) This section applies if-- 27
Page 31
Gold Coast Waterways Authority Bill 2012
Part 8 Gold Coast Waterways Authority Board
[s 50]
(a) a matter has arisen in relation to an appointed member 1
of the board; and 2
(b) the matter-- 3
(i) is one which is, or may be, a reason for removing a 4
member from office under section 50; or 5
(ii) is alleged misconduct by the member; and 6
(c) the Minister considers that it is necessary in the public 7
interest for the member to be suspended from office 8
pending further consideration of the matter. 9
(2) The Minister may suspend the appointed member from office, 10
by written notice given to the appointed member, for a period 11
not exceeding 60 days. 12
(3) If the Minister considers it is necessary in the circumstances, 13
the Minister may extend the suspension from time to time, by 14
written notice given to the appointed member, by periods not 15
exceeding 60 days. 16
(4) The Minister must advise the appointed member, by written 17
notice given to the appointed member, if the Minister ends the 18
member's suspension. 19
(5) In this section-- 20
misconduct, for an appointed member of the board, means-- 21
(a) inappropriate or improper conduct in performing the 22
member's duties; or 23
(b) inappropriate or improper conduct in a private capacity 24
that reflects seriously or adversely on the board. 25
50 Removal from office of appointed members 26
The Governor in Council may at any time remove an 27
appointed member from office for any reason or none. 28
Page 32
Gold Coast Waterways Authority Bill 2012
Part 8 Gold Coast Waterways Authority Board
[s 51]
51 Delegation by particular member 1
The mayor of the Gold Coast City Council may delegate the 2
mayor's functions as a member of the board to-- 3
(a) another councillor of the Gold Coast City Council; or 4
(b) an appropriately qualified employee of the Gold Coast 5
City Council. 6
Division 2 Meetings and other business 7
52 Conduct of business 8
(1) A regulation may provide for how the board may conduct its 9
business, including its meetings. 10
(2) Subject to subsection (1) and this division, the board may 11
conduct its business, including its meetings, in the way it 12
considers appropriate. 13
53 Times and places of meetings 14
(1) Meetings of the board are to be held at the times and places 15
the chairperson decides. 16
(2) However, the chairperson must call a meeting if asked, in 17
writing, to do so by at least 2 members. 18
(3) Also, the chairperson must call a meeting at least once in each 19
quarter. 20
54 Quorum 21
A quorum for a board meeting is more than half of the number 22
of members. 23
55 Presiding at meetings 24
(1) The chairperson is to preside at all board meetings at which 25
the chairperson is present. 26
Page 33
Gold Coast Waterways Authority Bill 2012
Part 8 Gold Coast Waterways Authority Board
[s 56]
(2) If the chairperson is not present, the following member is to 1
preside-- 2
(a) the member chosen by the chairperson; 3
(b) otherwise--the member chosen by the members 4
present. 5
56 Conduct of meetings 6
(1) The board may hold meetings, or allow members to take part 7
in its meetings, by using any technology allowing reasonably 8
contemporaneous and continuous communication between 9
persons taking part in the meeting. 10
(2) A person who takes part in a board meeting under subsection 11
(1) is taken to be present at the meeting. 12
(3) A decision at a board meeting must be a majority decision of 13
the members present. 14
(4) However, if the votes cast on a matter are equal the 15
chairperson has a casting vote. 16
57 Decisions outside meetings 17
A decision of the board, other than a decision at a meeting of 18
the board, may be made only with the written agreement of a 19
majority of members. 20
58 Minutes and record of decisions 21
(1) The board must keep-- 22
(a) minutes of its meetings; and 23
(b) a record of any decisions under section 57. 24
(2) The minutes of a meeting or record of a decision must record 25
that a member abstained from casting a vote on a matter. 26
Page 34
Gold Coast Waterways Authority Bill 2012
Part 9 Staff
[s 59]
Division 3 Miscellaneous provisions 1
59 Protection of members from civil liability 2
(1) A member is not civilly liable to someone for an act done, or 3
omission made, honestly and without negligence under this 4
Act. 5
(2) If subsection (1) prevents a civil liability attaching to the 6
member, the liability attaches instead to the State. 7
Part 9 Staff 8
Division 1 Chief executive officer 9
60 Chief executive officer 10
(1) The Governor in Council must appoint a chief executive 11
officer of the authority. 12
(2) A disqualified person can not be appointed as the chief 13
executive officer. 14
(3) The term of the chief executive officer's appointment can not 15
be more than 5 years. 16
(4) Subject to subsection (3), the chief executive officer's 17
remuneration and allowances and other terms and conditions 18
of office are as decided by the Governor in Council in the 19
person's instrument of appointment. 20
(5) The chief executive officer is to be appointed under this Act, 21
and not under the Public Service Act 2008. 22
61 Acting chief executive officer 23
(1) This section applies if-- 24
Page 35
Gold Coast Waterways Authority Bill 2012
Part 9 Staff
[s 62]
(a) no chief executive officer has been appointed; or 1
(b) the office of chief executive officer is vacant; or 2
(c) the appointed chief executive officer (the usual CEO) is 3
absent or is unable to discharge the functions of the 4
office because of illness or any other reason. 5
(2) The Minister may, by signed notice, appoint a person to act in 6
the office. 7
(3) For the circumstances mentioned in subsection (1)(a) or (b), 8
the appointment ends when, if the Governor in Council 9
appoints someone else as the chief executive officer, the term 10
of that appointment starts. 11
(4) For the circumstances mentioned in subsection (1)(c), the 12
appointment ends if the Minister gives the appointee notice 13
that the usual CEO has resumed his or her duties as the chief 14
executive officer. 15
(5) The Acts Interpretation Act 1954, section 24B(7D) to (15) 16
applies to the appointee as if the appointee had been appointed 17
under that section. 18
(6) This section does not limit or otherwise affect the Acts 19
Interpretation Act 1954, section 24B. 20
62 Functions and powers of the chief executive officer 21
(1) The chief executive officer must manage, and report to the 22
board about, the authority's operations. 23
(2) The chief executive officer has the power to do anything 24
necessary or convenient to be done for the performance of the 25
chief executive officer's functions. 26
63 Delegations by chief executive officer 27
(1) The chief executive officer may delegate the chief executive 28
officer's functions under an Act to any appropriately qualified 29
person. 30
Page 36
Gold Coast Waterways Authority Bill 2012
Part 9 Staff
[s 64]
(2) A delegation of a function may permit the subdelegation of 1
the function. 2
(3) If the function is performed under another Act, the power to 3
delegate or subdelegate is subject to the other Act. 4
Division 2 Employees 5
64 Employees 6
The authority's employees are to be employed under either of 7
the following, as stated in the employee's instrument of 8
appointment-- 9
(a) the Public Service Act 2008; or 10
(b) section 65. 11
65 Chief executive officer may employ employees 12
(1) The chief executive officer may employ employees the chief 13
executive officer considers necessary to perform the 14
authority's functions. 15
(2) Subject to any relevant industrial instrument, the chief 16
executive officer may decide the employment conditions of 17
employees employed under this section. 18
(3) The Public Service Act 2008 does not apply to the 19
employment of employees employed under this section. 20
(4) Before employing a person under this section, the chief 21
executive officer must consult with the commission chief 22
executive under the Public Service Act 2008. 23
(5) Despite subsection (3), an employee employed under this 24
section is taken to be a public service employee of the 25
authority for the purposes of a work performance arrangement 26
under the Public Service Act 2008, section 183. 27
(6) In this section-- 28
Page 37
Gold Coast Waterways Authority Bill 2012
Part 9 Staff
[s 66]
employment conditions includes conditions about the length 1
of the employment and ending the employment. 2
66 Preservation of rights of particular public service officers 3
(1) This section applies if-- 4
(a) a person is employed under section 65; and 5
(b) the person was a public service officer immediately 6
before being employed under section 65. 7
(2) The person keeps all rights and entitlements accrued or 8
accruing to the person as a public service officer as if service 9
as an employee under section 65 were a continuation of 10
service as a public service officer. 11
Examples of rights and entitlements-- 12
long service, recreation and sick leave 13
67 Tenure as public service officer on ending of particular 14
employment contracts 15
(1) This section applies if-- 16
(a) a person is employed on contract under section 65; and 17
(b) the contract-- 18
(i) is terminated other than by disciplinary action; or 19
(ii) expires and is not renewed or replaced by another 20
contract of employment under section 65; and 21
(c) immediately before the person was first employed under 22
the contract, the person was employed as a public 23
service officer. 24
(2) The person becomes a public service officer employed on the 25
same terms and conditions that applied to the person before 26
being employed on a contract under section 65. 27
(3) Without limiting subsection (2), the person is to be 28
employed-- 29
Page 38
Gold Coast Waterways Authority Bill 2012
Part 10 Miscellaneous provisions
[s 68]
(a) at the classification level at which the person would 1
have been employed if the person had continued in 2
employment as a public service officer; and 3
(b) on the remuneration to which the person would have 4
been entitled if the person had continued in employment 5
as a public service officer. 6
Part 10 Miscellaneous provisions 7
68 Request for information from prospective appointees 8
(1) This section applies if a person is being considered for 9
appointment as an appointed member or the chief executive 10
officer. 11
(2) The Minister may ask the person to give the Minister a written 12
statement stating-- 13
(a) whether or not the person is a disqualified person; and 14
(b) whether or not the person, or any close relative of the 15
person, has an interest that, if the appointment is made, 16
conflicts or may conflict with the proper performance of 17
the person's functions under the appointment. 18
(3) The person must not give the Minister a statement under 19
subsection (2) that the person knows is false or misleading in 20
a material particular. 21
Maximum penalty--100 penalty units. 22
(4) A complaint against a person for an offence against 23
subsection (3) is sufficient if it states that the statement or the 24
information was false or misleading to the person's 25
knowledge, without specifying whether it was false or 26
whether it was misleading. 27
Page 39
Gold Coast Waterways Authority Bill 2012
Part 10 Miscellaneous provisions
[s 69]
69 Disclosure of disqualification by appointees 1
If an appointed member or the chief executive officer is or 2
becomes a disqualified person, that person must, as soon as 3
practicable, give the Minister notice of that fact. 4
Maximum penalty--100 penalty units. 5
70 Disclosure of conflicts of interest by appointees 6
(1) This section applies if-- 7
(a) a member, or a close relative of a member, has an 8
interest that conflicts or may conflict with the proper 9
performance of the member's functions; or 10
(b) the chief executive officer, or a close relative of the chief 11
executive officer, has an interest that conflicts or may 12
conflict with the proper performance of the chief 13
executive officer's functions. 14
(2) The member or chief executive officer must, as soon as 15
practicable, disclose the interest to-- 16
(a) if the matter is being considered or about to be 17
considered by the board--the board; or 18
(b) otherwise--the Minister. 19
Maximum penalty--100 penalty units. 20
(3) If a member has disclosed an interest relating to a matter 21
being considered or about to be considered by the board, the 22
member must not participate in the board's consideration of 23
the matter. 24
Maximum penalty--100 penalty units. 25
71 Review of Gold Coast Waterways Authority's operations 26
(1) As soon as practicable after the end of each 3 years of the 27
authority's operation, the Minister must review the operation 28
of the authority (each a three-yearly review). 29
Page 40
Gold Coast Waterways Authority Bill 2012
Part 11 Repeals
[s 72]
(2) The first three-yearly review must be undertaken as soon as 1
practicable after the day that is 3 years after the 2
commencement of this section. 3
(3) Each three-yearly review must include a review of-- 4
(a) the way, and the extent to which, the authority has 5
performed its functions; and 6
(b) whether the functions of the authority remain 7
appropriate for giving effect to the purposes of this Act. 8
72 Regulation-making power 9
The Governor in Council may make regulations under this 10
Act. 11
Part 11 Repeals 12
73 Repeals 13
The following Acts are repealed-- 14
· Australian Shipping Commission Authorization Act 15
1977, No. 57 16
· Brisbane River Tidal Lands Improvement Act 1927, 18 17
Geo 5 No. 20. 18
Part 12 Transitional provisions 19
74 Definition for pt 12 20
In this part-- 21
commencement means the commencement of this section. 22
Page 41
Gold Coast Waterways Authority Bill 2012
Part 12 Transitional provisions
[s 75]
75 Waterways management strategy 1
(1) The authority is not required to develop a waterways 2
management strategy under section 16(1) until 1 December 3
2013. 4
(2) The Minister may not direct the authority under section 16(3) 5
to prepare a new waterways management strategy until after 6
30 November 2013. 7
76 Waterways management program 8
(1) Section 19 does not apply for the financial year that starts on 1 9
July 2012 and ends on 30 June 2013. 10
(2) To the extent that a waterways management plan relates to a 11
period occurring before 1 December 2013, the program need 12
not include the matters required under section 19(2)(a) or (c). 13
77 Marina owner levy 14
(1) Section 42 does not apply to the owner of a marina in relation 15
to an annual levy for the 2012 calendar year if, before the 16
commencement, the owner paid the levy to the chief executive 17
under the Transport Infrastructure (Gold Coast Waterways) 18
Management Plan 2000, section 23. 19
(2) Subsection (3) applies if-- 20
(a) before the commencement, the chief executive gave the 21
owner of a marina a written notice of an annual levy 22
under the Transport Infrastructure (Gold Coast 23
Waterways) Management Plan 2000, section 23(2); and 24
(b) on the commencement, the levy has not been paid to the 25
chief executive. 26
(3) On the commencement-- 27
(a) the notice is taken to have been given to the marina 28
owner by the authority under section 42(2); and 29
(b) the annual levy the subject of the notice is taken to be an 30
annual levy payable to the authority under section 42. 31
Page 42
Gold Coast Waterways Authority Bill 2012
Part 12 Transitional provisions
[s 78]
(4) An annual levy mentioned in subsection (3)(b) stops being 1
payable to the authority if the levy is paid to the chief 2
executive. 3
(5) In this section-- 4
chief executive means the chief executive of the department in 5
which the Transport Infrastructure Act 1994 is administered. 6
marina see section 42(4). 7
owner see section 42(4). 8
78 Transfer of particular State assets and liabilities to Gold 9
Coast Waterways Authority 10
(1) The Minister may prepare a register of the assets and 11
liabilities of the State that are to be transferred to the authority 12
for the purposes of this Act. 13
(2) The register has no effect unless it is approved under a 14
regulation. 15
(3) When the register takes effect-- 16
(a) the State is divested of the assets and liabilities and they 17
become assets and liabilities of the authority; and 18
(b) proceedings by or against the State, or that could have 19
been started by or against the State before the register 20
takes effect, relating to the assets or liabilities may be 21
continued or started by or against the authority. 22
(4) This section does not limit or otherwise affect sections 23
78(2)(b) or 80(2)(b). 24
79 Registration of transferred assets 25
(1) The registrar of titles or another person responsible for 26
keeping a register for dealings about relevant assets must, on 27
written application by the authority, and on payment of any 28
fee, record a transfer of an asset that, under section 78(3)(a), 29
becomes an asset of the authority. 30
(2) In this section-- 31
Page 43
Gold Coast Waterways Authority Bill 2012
Part 12 Transitional provisions
[s 80]
registrar of titles means a public official or authority 1
responsible for registering title to land and dealings affecting 2
land. 3
80 Novation of particular State contracts to Gold Coast 4
Waterways Authority 5
(1) This section applies to a contract prescribed under a 6
regulation-- 7
(a) in force immediately before the commencement; and 8
(b) to which the State is a party; and 9
(c) that relates to the performance of a function by or for the 10
State that will, from the commencement, be a function 11
of the authority; and 12
(d) that is not a contract of employment. 13
(2) On the commencement, the following apply despite any 14
provision of the contract-- 15
(a) the authority is taken to be a party to the contract instead 16
of the State; 17
(b) the authority assumes the State's liabilities and rights 18
under the contract; 19
(c) a reference in the contract to the State is taken to be a 20
reference to the authority; 21
(d) changes to the contract that are necessary for, or 22
incidental to, the matters in paragraphs (a) to (c) are 23
taken to have been made. 24
(3) Subsection (2), or any thing done under it, does not-- 25
(a) discharge or otherwise affect the contract or the 26
performance of the contract by another party to it; or 27
(b) fulfil a condition allowing a person to terminate the 28
contract or be released, wholly or partly, from the 29
contract or a liability under it. 30
Page 44
Gold Coast Waterways Authority Bill 2012
Part 12 Transitional provisions
[s 80]
(4) If the advice or consent of, or giving notice to, a person would 1
be necessary to give effect to any matter under subsection 2
(2)-- 3
(a) the advice is taken to have been obtained; and 4
(b) the consent or notice is taken to have been given. 5
(5) To remove any doubt, it is declared that-- 6
(a) a State is a party to a contract entered into by an entity 7
that is a manifestation of, or that represents, the State (a 8
State entity), either for the State or in the entity's own 9
right; and 10
Examples of manifestations of the State-- 11
· the department responsible for the administration of the 12
Transport Infrastructure Act 1994, the Transport 13
Operations (Marine Safety) Act 1994 and the Transport 14
Operations (Marine Pollution) Act 1995 15
· Maritime Safety Queensland established under the Maritime 16
Safety Queensland Act 2002 17
(b) a reference in a contract to the performance of a 18
function by or for the State includes a reference to 19
performance of that function by or for a State entity; and 20
(c) a liability that, under a contract, is expressed to be a 21
liability of a State entity is a liability of the State under 22
that contract; and 23
(d) a right that, under a contract, is expressed to be a right of 24
a State entity is a right of the State under that contract; 25
and 26
(e) a reference in a contract to a named State entity is a 27
reference to the State. 28
(6) For subsection (1)(c), a contract relating to the performance of 29
a function by or for the State includes a contract under which 30
a guarantee, indemnity or other form of surety is given for the 31
performance of the function by or for the State. 32
(7) In this section-- 33
Page 45
Gold Coast Waterways Authority Bill 2012
Part 13 Amendment of Acts
[s 81]
contract includes a deed or other instrument under which a 1
guarantee, indemnity or other form of surety is given in favour 2
of the State, whether or not for consideration. 3
Part 13 Amendment of Acts 4
Division 1 Amendment of this Act 5
81 Act amended 6
This division amends this Act. 7
82 Amendment of long title 8
Long title, from `, and to amend'-- 9
omit. 10
Division 2 Public Service Act 2008 11
83 Act amended 12
This division amends the Public Service Act 2008. 13
84 Amendment of sch 1 (Public service offices and their 14
heads) 15
Schedule 1-- 16
insert-- 17
`Gold Coast Waterways Authority under chief executive officer under
the Gold Coast Waterways Authority Act the Gold Coast Waterways
2012 Authority Act 2012'.
Page 46
Gold Coast Waterways Authority Bill 2012
Part 13 Amendment of Acts
[s 85]
Division 3 Transport Infrastructure Act 1994 1
85 Act amended 2
This division amends the Transport Infrastructure Act 1994. 3
86 Amendment of s 461 (Management by chief executive) 4
(1) Section 461(1)-- 5
omit, insert-- 6
`(1) This section applies to a public marine facility, other than a 7
facility in, or on land adjacent to, Gold Coast waters, if, apart 8
from this section, there is no current manager of the facility. 9
`(1A) The chief executive is taken to be the manager of the public 10
marine facility until the chief executive or someone else is 11
appointed as the manager under section 459.'. 12
(2) Section 461(1A) to (3)-- 13
renumber as section 461(2) to (4). 14
87 Insertion of new s 461A 15
After section 461-- 16
insert-- 17
`461A Management by Gold Coast Waterways Authority 18
`(1) This section applies to a public marine facility in, or on land 19
adjacent to, Gold Coast waters if, apart from this section, 20
there is no current manager of the facility. 21
`(2) The Gold Coast Waterways Authority is taken to be the 22
manager of the public marine facility until a person is 23
appointed as the manager of the facility under section 459. 24
`(3) If the Gold Coast Waterways Authority is the manager of a 25
public marine facility, the authority-- 26
(a) has any powers, conferred under a regulation, to limit or 27
prohibit the use of the facility; and 28
Page 47
Gold Coast Waterways Authority Bill 2012
Part 13 Amendment of Acts
[s 88]
(b) may exercise any other of the authority's powers, and do 1
anything the authority considers necessary or 2
convenient, for the facility's effective and efficient 3
management. 4
`(4) This section does not limit a power the Gold Coast Waterways 5
Authority has apart from this section.'. 6
88 Amendment of s 464 (Management by another person) 7
Section 464, after `chief executive,'-- 8
insert-- 9
`the Gold Coast Waterways Authority,'. 10
89 Amendment of s 466 (Fees) 11
Section 466(4)(a) and (5), after `chief executive'-- 12
insert-- 13
`or Gold Coast Waterways Authority'. 14
90 Replacement of ch 15, pt 2, hdg (Management of 15
waterways) 16
Chapter 15, part 2, heading-- 17
omit, insert-- 18
`Part 2 Authorised persons for 19
waterway management 20
regulation'. 21
91 Replacement of ch 15, pt 2, divs 1 and 2 22
Chapter 15, part 2, divisions 1 and 2-- 23
omit, insert-- 24
`Division 1 Preliminary 25
Page 48
Gold Coast Waterways Authority Bill 2012
Part 13 Amendment of Acts
[s 92]
`470 Purpose of pt 2 1
`(1) This part recognises that particular waterways require a 2
system of regulation to balance demands on the use, by water 3
traffic, of the waterways and associated infrastructure. 4
`(2) The object of this part is to promote the overall effective and 5
efficient use of waterways for transport by ensuring there are 6
suitably qualified persons to implement, monitor and enforce 7
compliance with a waterway management regulation. 8
`(3) To achieve this object, this part includes provision for the 9
appointment of authorised persons for a waterway 10
management regulation, and gives authorised persons 11
particular powers. 12
`471 Meaning of waterway management regulation 13
`A waterway management regulation is a regulation made 14
under this Act that relates to a matter mentioned in schedule 1, 15
part 2.'. 16
92 Replacement of ch 15, pt 2, div 3, hdg (Authorised 17
persons for waterway transport management plans) 18
Chapter 15, part 2, division 3, heading-- 19
omit, insert-- 20
`Division 3 Appointment of authorised 21
persons'. 22
93 Renumbering of ch 15, pt 2, divs 3 and 4 23
Chapter 15, part 2, divisions 3 and 4-- 24
renumber as chapter 15, part 2, divisions 2 and 3. 25
94 Insertion of new s 472 26
Chapter 15, part 2, division 2, as renumbered-- 27
insert-- 28
Page 49
Gold Coast Waterways Authority Bill 2012
Part 13 Amendment of Acts
[s 95]
`472 Functions of authorised persons 1
`An authorised person has the following functions-- 2
(a) to investigate, monitor and enforce compliance with a 3
waterway management regulation; 4
(b) to investigate or monitor whether an occasion has arisen 5
for the exercise of powers under a waterway 6
management regulation or this part; 7
(c) to facilitate the exercise of powers under a waterway 8
management regulation or this part.'. 9
95 Amendment of s 475A (Authorised persons) 10
(1) Section 475A(1), `for a waterway transport management 11
plan'-- 12
omit. 13
(2) Section 475A(1)(b), after `between the chief executive'-- 14
insert-- 15
`or the Gold Coast Waterways Authority'. 16
(3) Section 475A-- 17
insert-- 18
`(2A) The Gold Coast Waterways Authority may appoint an 19
employee of the authority as an authorised person.'. 20
(4) Section 475A(3), `only if the chief executive'-- 21
omit, insert-- 22
`, and the Gold Coast Waterways Authority may appoint a 23
person under subsection (3), only if the chief executive or the 24
authority'. 25
(5) Section 475A(2A) to (4)-- 26
renumber as section 475A(3) to (5). 27
Page 50
Gold Coast Waterways Authority Bill 2012
Part 13 Amendment of Acts
[s 96]
96 Amendment of s 475B (Appointment conditions and limit 1
on powers) 2
(1) Section 475B(1)(b), after `chief executive'-- 3
insert-- 4
`or Gold Coast Waterways Authority'. 5
(2) Section 475B(2)-- 6
omit, insert-- 7
`(2) The powers of an authorised person are limited as follows-- 8
(a) if the authorised person is appointed by the chief 9
executive under section 475A(2)--the person's powers 10
do not apply in relation to Gold Coast waters; 11
(b) if the authorised person is appointed by the Gold Coast 12
Waterways Authority under section 475A(3)--the 13
person's powers apply only in relation to Gold Coast 14
waters. 15
`(3) Also, an authorised person's powers under this Act may be 16
limited by the person's instrument of appointment, a signed 17
notice given to the person or a regulation.'. 18
97 Amendment of s 475C (Issue of identity card to each 19
authorised person) 20
(1) Section 475C(1), after `chief executive'-- 21
insert-- 22
`or Gold Coast Waterways Authority'. 23
(2) Section 457C(2) and (3), `transport management plan'-- 24
omit, insert-- 25
`management regulation'. 26
98 Amendment of s 475D (Production or display of identity 27
card) 28
Section 475D(1), `division'-- 29
Page 51
Gold Coast Waterways Authority Bill 2012
Part 13 Amendment of Acts
[s 99]
omit, insert-- 1
`part'. 2
99 Amendment of s 475F (Resignation) 3
Section 475F, after `chief executive'-- 4
insert-- 5
`or Gold Coast Waterways Authority'. 6
100 Amendment of s 475G (Return of identity card) 7
Section 475G, after `chief executive'-- 8
insert-- 9
`or Gold Coast Waterways Authority'. 10
101 Amendment of s 475L (Issue of warrant) 11
Section 475L(1)(a), `transport management plan'-- 12
omit, insert-- 13
`management regulation'. 14
102 Amendment of s 475P (Notice of intention to remove 15
watercraft) 16
Section 475P(1) and (2), `transport management plan'-- 17
omit, insert-- 18
`management regulation'. 19
103 Amendment of s 475Q (Removing illegally anchored or 20
moored watercraft) 21
Section 475Q(1)(b) and (2), `transport management plan'-- 22
omit, insert-- 23
`management regulation'. 24
Page 52
Gold Coast Waterways Authority Bill 2012
Part 13 Amendment of Acts
[s 104]
104 Amendment of s 475R (Removal of hazardous watercraft) 1
Section 475R(1)(a) and (2), `transport management plan'-- 2
omit, insert-- 3
`management regulation'. 4
105 Amendment of s 475S (Giving notice of removal of 5
watercraft) 6
(1) Section 475S(1)-- 7
omit, insert-- 8
`(1) If a watercraft is removed under section 475Q or 475R, the 9
watercraft's owner must be given written notice of the place 10
where the watercraft has been taken by-- 11
(a) if the watercraft was removed from Gold Coast 12
waters--the Gold Coast Waterways Authority; or 13
(b) otherwise--the chief executive.'. 14
(2) Section 475S(2), after `chief executive'-- 15
insert-- 16
`or Gold Coast Waterways Authority'. 17
106 Amendment of s 475T (Dealing with removed watercraft) 18
Section 475T(1)(a) and (2), after `the chief executive'-- 19
insert-- 20
`or Gold Coast Waterways Authority'. 21
107 Amendment of s 475U (Proceeds from the sale of 22
removed watercraft) 23
Section 475U(1)(a), after `the chief executive'-- 24
insert-- 25
`or Gold Coast Waterways Authority'. 26
Page 53
Gold Coast Waterways Authority Bill 2012
Part 13 Amendment of Acts
[s 108]
108 Amendment of s 475W (Dealing with forfeited sample or 1
thing) 2
Section 475W, after `the chief executive'-- 3
insert-- 4
`or the Gold Coast Waterways Authority'. 5
109 Amendment of s 475X (Direction to stop contravening 6
plan) 7
(1) Section 475X, heading, `plan'-- 8
omit, insert-- 9
`regulation'. 10
(2) Section 475X(1), `transport management plan'-- 11
omit, insert-- 12
`management regulation'. 13
(3) Section 475X(1), `the plan'-- 14
omit, insert-- 15
`the regulation'. 16
110 Amendment of s 475Y (Power to require name and 17
address) 18
Section 475Y(1)(a) and (b), `transport management plan'-- 19
omit, insert-- 20
`management regulation'. 21
111 Amendment of s 476 (Amounts payable to chief executive 22
are debts owing to the State) 23
(1) Section 476, heading, `to chief executive'-- 24
omit. 25
(2) Section 476, after `the chief executive'-- 26
Page 54
Gold Coast Waterways Authority Bill 2012
Part 13 Amendment of Acts
[s 112]
insert-- 1
`or the Gold Coast Waterways Authority'. 2
112 Amendment of s 480 (Disposal of fees, penalties etc.) 3
Section 480(6)(b) and (10), definition declared amount, 4
paragraph (c), `schedule 1, item 21'-- 5
omit, insert-- 6
`schedule 1, part 1, item 21'. 7
113 Amendment of sch 1 (Subject matter for regulations) 8
(1) Schedule 1, before item 1-- 9
insert-- 10
`Part 1 Subject matter for regulations 11
generally'. 12
(2) Schedule 1, after item 26-- 13
insert-- 14
`Part 2 Subject matter for waterway 15
management regulation 16
1 regulating the mooring and anchoring of watercraft 17
2 regulating the types of water traffic that may use certain 18
waters or certain marine infrastructure 19
3 regulating when, and for how long, watercraft may remain at a 20
place or locality 21
4 regulating living on board watercraft 22
5 regulating recreational activities involving the use of 23
waterways or watercraft, for example, private or commercial 24
skiing, use of personal watercraft, diving, parasailing and 25
sailing 26
Page 55
Gold Coast Waterways Authority Bill 2012
Part 13 Amendment of Acts
[s 114]
6 nuisances caused by the use of watercraft or persons on board 1
watercraft or by cargo or things associated with the use of 2
watercraft or waterways infrastructure 3
7 the issue of directions by authorised persons 4
8 protection of public marine transport infrastructure and 5
recovery of expenses incurred as a result of a contravention of 6
a requirement of a regulation from a person contravening it'. 7
114 Omission of sch 2 (Subject matter for waterway transport 8
management plans) 9
Schedule 2-- 10
omit. 11
115 Amendment of sch 6 (Dictionary) 12
(1) Schedule 6, definition waterway transport management 13
plan-- 14
omit. 15
(2) Schedule 6-- 16
insert-- 17
`Gold Coast waters see the Gold Coast Waterways Authority 18
Act 2012, section 7(1). 19
Gold Coast Waterways Authority means the Gold Coast 20
Waterways Authority established under the Gold Coast 21
Waterways Authority Act 2012. 22
waterway management regulation see section 471.'. 23
(3) Schedule 6, definition occupier, first mention, after `a 24
watercraft,'-- 25
insert-- 26
`for chapter 15, part 2, division 3,'. 27
(4) Schedule 6, definition place, `division 4'-- 28
omit, insert-- 29
Page 56
Gold Coast Waterways Authority Bill 2012
Part 13 Amendment of Acts
[s 116]
`division 3'. 1
Division 4 Transport Operations (Marine 2
Pollution) Act 1995 3
116 Act amended 4
This division amends the Transport Operations (Marine 5
Pollution) Act 1995. 6
117 Amendment of s 66 (Reception facilities) 7
(1) Section 66(1)-- 8
omit, insert-- 9
`(1) This section applies to the provision of reception facilities-- 10
(a) under regulation 38 of Annex I, regulation 18 of Annex 11
II and regulation 7 of Annex V to MARPOL; or 12
(b) under part 7. 13
`(1A) The general manager may provide, join with someone else in 14
providing, arrange for the provision of, or direct the providing 15
of the reception facilities. 16
`(1B) Without limiting subsection (2), the Gold Coast Waterways 17
Authority may also provide, join with someone else in 18
providing, arrange for the provision of, or direct the providing 19
of the reception facilities for Gold Coast waters.'. 20
(2) Section 66(2), all words before paragraph (a)-- 21
omit, insert-- 22
`The general manager or the Gold Coast Waterways Authority 23
may give a notice under subsection (5) to--'. 24
(3) Section 66(4)(b), after `general manager'-- 25
insert-- 26
`or on behalf of the Gold Coast Waterways Authority'. 27
Page 57
Gold Coast Waterways Authority Bill 2012
Part 13 Amendment of Acts
[s 118]
(4) Section 66(7), `(5)'-- 1
omit, insert-- 2
`(7)'. 3
(5) Section 66(8), `(7)'-- 4
omit, insert-- 5
`(9)'. 6
(6) Section 66(1A) to (9)-- 7
renumber as section 66(2) to (11). 8
118 Amendment of s 72 (Appointment of authorised officers) 9
(1) Section 72(1)-- 10
insert-- 11
`(bb) employees of the Gold Coast Waterways Authority;'. 12
(2) Section 72(1)(ba) to (c)-- 13
renumber as section 72(1)(c) to (e). 14
119 Amendment of s 111 (Definitions for part) 15
Section 111, definition discharge expenses, after paragraph 16
(b)-- 17
insert-- 18
`Note-- 19
A discharge expense incurred or paid by the State includes a cost 20
or expense incurred, action taken or amount paid by the Gold 21
Coast Waterways Authority. This includes a cost or expense 22
incurred, action taken or an amount paid by an employee of the 23
Gold Coast Waterways Authority who is an authorised officer 24
under this Act. The Gold Coast Waterways Authority Act 2012, 25
section 9(2) provides that the Gold Coast Waterways Authority 26
represents the State.'. 27
Page 58
Gold Coast Waterways Authority Bill 2012
Part 13 Amendment of Acts
[s 120]
120 Amendment of schedule (Dictionary) 1
(1) Schedule-- 2
insert-- 3
`Gold Coast waters see the Gold Coast Waterways Authority 4
Act 2012, section 7(1). 5
Gold Coast Waterways Authority means the Gold Coast 6
Waterways Authority established under the Gold Coast 7
Waterways Authority Act 2012.'. 8
(2) Schedule, definition notice offence, second dot point, 9
`66(5)'-- 10
omit, insert-- 11
`66(7)'. 12
Division 5 Transport Operations (Marine 13
Safety) Act 1994 14
121 Act amended 15
This division amends the Transport Operations (Marine 16
Safety) Act 1994. 17
122 Amendment of s 18A (Exempting of person or ship from 18
regulatory provision) 19
Section 18A(1), after `206A'-- 20
insert-- 21
`or 206AA'. 22
123 Insertion of new s 77A 23
After section 77-- 24
insert-- 25
Page 59
Gold Coast Waterways Authority Bill 2012
Part 13 Amendment of Acts
[s 124]
`77A Harbour master to consult with Gold Coast Waterways 1
Authority 2
`(1) Before a harbour master exercises a power that may affect the 3
functions of the Gold Coast Waterways Authority, the harbour 4
master must consult with the Gold Coast Waterways 5
Authority to the extent reasonably practicable. 6
`(2) Failure to comply with subsection (1) does not affect the 7
validity of the exercise of the power.'. 8
124 Insertion of new s 105A 9
After section 105-- 10
insert-- 11
`105A Gold Coast Waterways Authority may set up aid to 12
navigation 13
`(1) Without limiting section 105, the Gold Coast Waterways 14
Authority may set up an aid to navigation in Gold Coast 15
waters-- 16
(a) in or near a pilotage area; and 17
(b) in any other place where the authority considers the aid 18
to navigation is desirable to ensure the safety of people 19
or ships or other property. 20
`(2) The Gold Coast Waterways Authority may enter into 21
agreements for setting up an aid to navigation. 22
`(3) This section does not limit other powers that the Gold Coast 23
Waterways Authority has to set up aids to navigation.'. 24
125 Amendment of s 157 (Appointment of shipping 25
inspectors) 26
(1) Section 157(1)-- 27
insert-- 28
`(bb) employees of the Gold Coast Waterways Authority;'. 29
(2) Section 157(1)(ba) to (d)-- 30
Page 60
Gold Coast Waterways Authority Bill 2012
Part 13 Amendment of Acts
[s 126]
renumber as section 157(1)(c) to (f). 1
126 Amendment of s 203B (Internal review of decisions) 2
(1) Section 203B(1)-- 3
insert-- 4
`(aa) if the original decision was made by a shipping 5
inspector who is an employee of the Gold Coast 6
Waterways Authority--the Gold Coast Waterways 7
Authority;'. 8
(2) Section 203B(3)-- 9
omit, insert-- 10
`(3) For applying the Transport Planning and Coordination Act 11
1994, part 5, division 2 to a person other than the chief 12
executive, a reference to the chief executive in that division, 13
including, for example, sections 33 and 34 of that Act, is taken 14
to be a reference to-- 15
(a) if the original decision was made by the general 16
manager or a delegate of the general manager--the 17
general manager; or 18
(b) if the original decision was made by a shipping 19
inspector who is an employee of the Gold Coast 20
Waterways Authority--the Gold Coast Waterways 21
Authority.'. 22
(3) Section 203B(1)(aa) and (b)-- 23
renumber as section 203B(1)(b) and (c). 24
127 Amendment of s 203C (External review of decisions) 25
Section 203C(3), definition chief executive-- 26
omit, insert-- 27
`chief executive means-- 28
(a) if the reviewed decision is made by the general 29
manager--the general manager; or 30
Page 61
Gold Coast Waterways Authority Bill 2012
Part 13 Amendment of Acts
[s 128]
(b) if the reviewed decision is made by the Gold Coast 1
Waterways Authority--the Gold Coast Waterways 2
Authority.'. 3
128 Amendment of s 206A (General manager's power to fix 4
speed limits for ships) 5
(1) Section 206A(1), after `for ships'-- 6
insert-- 7
`, other than speed limits for ships for Gold Coast waters,'. 8
(2) Section 206A-- 9
insert-- 10
`(9) The general manager must publish on MSQ's website 11
information about all of the speed limits for ships, other than 12
speed limits for ships for Gold Coast waters, including speed 13
limits for ships fixed by the general manager and by 14
regulation.'. 15
129 Insertion of new s 206AA 16
After section 206A-- 17
insert-- 18
`206AA Gold Coast Waterways Authority's power to fix speed 19
limits for ships 20
`(1) The Gold Coast Waterways Authority may, for Gold Coast 21
waters, fix speed limits for ships by gazette notice. 22
`(2) The gazette notice is not subordinate legislation. 23
`(3) A person must not operate a ship at a speed of more than a 24
speed limit fixed under this section. 25
Maximum penalty--200 penalty units. 26
`(4) The Gold Coast Waterways Authority may erect or mark, at a 27
place in waters for which a speed limit is fixed under 28
subsection (1) or adjacent to the waters, a sign (a speed sign) 29
stating the speed limit for the waters. 30
Page 62
Gold Coast Waterways Authority Bill 2012
Part 13 Amendment of Acts
[s 130]
`(5) A speed sign may be an official traffic sign except that the 1
speed indicated by the number on the sign is the speed in 2
knots. 3
`(6) This section does not prevent a regulation making provision 4
about speed limits. 5
`(7) If there is an inconsistency between a regulation and a gazette 6
notice, the regulation prevails to the extent of the 7
inconsistency. 8
`(8) The Gold Coast Waterways Authority must publish on the 9
authority's website information about all of the speed limits 10
for ships for Gold Coast waters, including speed limits fixed 11
by the authority and by regulation.'. 12
130 Amendment of s 218 (Other matters for regulations) 13
Section 218(3), (4) and (5), after `general manager'-- 14
insert-- 15
`, the Gold Coast Waterways Authority'. 16
131 Insertion of new pt 19, div 5 17
After section 245-- 18
insert-- 19
`Division 5 Provision for Gold Coast Waterways 20
Authority Act 2012 21
`246 Fixing of speed limits for ships for Gold Coast waters 22
`(1) This section applies if, immediately before the 23
commencement of the Gold Coast Waterways Authority Act 24
2012, section 129, a speed limit was fixed under section 206A 25
for ships for Gold Coast waters. 26
`(2) The speed limit is taken to have been fixed by the Gold Coast 27
Waterways Authority under section 206AA.'. 28
Page 63
Gold Coast Waterways Authority Bill 2012
Part 13 Amendment of Acts
[s 132]
132 Amendment of schedule (Dictionary) 1
Schedule-- 2
insert-- 3
`Gold Coast waters see the Gold Coast Waterways Authority 4
Act 2012, section 7(1). 5
Gold Coast Waterways Authority means the Gold Coast 6
Waterways Authority established under the Gold Coast 7
Waterways Authority Act 2012.'. 8
Division 6 Transport Operations (Road Use 9
Management) Act 1995 10
133 Act amended 11
This division amends the Transport Operations (Road Use 12
Management) Act 1995. 13
134 Amendment of sch 4 (Dictionary) 14
(1) Schedule 4, definitions bicycle and motor vehicle-- 15
omit. 16
(2) Schedule 4-- 17
insert-- 18
`bicycle-- 19
(a) means a vehicle with 2 or more wheels that is built to be 20
propelled by human power through a belt, chain or 21
gears, whether or not it has 1 or more auxiliary motors; 22
and 23
(b) includes the following-- 24
(i) a pedicab; 25
(ii) a penny-farthing; 26
(iii) a tricycle; 27
Page 64
Gold Coast Waterways Authority Bill 2012
Part 13 Amendment of Acts
[s 134]
(iv) a power-assisted bicycle; but 1
(c) does not include the following-- 2
(i) a wheelchair; 3
(ii) a wheeled recreational device; 4
(iii) a wheeled toy; 5
(iv) any vehicle with 1 or more auxiliary motors, other 6
than a power-assisted bicycle. 7
motor vehicle means a vehicle propelled by a motor that 8
forms part of the vehicle, and-- 9
(a) includes a trailer attached to the vehicle; but 10
(b) does not include a motorised scooter or a power-assisted 11
bicycle. 12
power-assisted bicycle-- 13
(a) means a vehicle-- 14
(i) described in paragraph (a) of the definition bicycle, 15
if the vehicle has 1 or more auxiliary motors; and 16
(ii) prescribed under a regulation to be a 17
power-assisted bicycle; but 18
(b) does not include a vehicle mentioned in paragraph (a)(i) 19
prescribed under a regulation not to be a power-assisted 20
bicycle.'. 21
Page 65
Gold Coast Waterways Authority Bill 2012
Schedule 1
Schedule 1 Gold Coast waters 1
section 7 2
1 Area near the mouth of Currumbin Creek 3
For section 7(1)(b), the area near the mouth of Currumbin 4
Creek is the area within the following boundary-- 5
(a) starting at the point on the boundary of the Gold Coast 6
City local government area that is latitude 28°07.598' 7
south, longitude 153°28.791' east (the starting point); 8
(b) to latitude 28°07.393' south, longitude 153°28.972' east; 9
(c) to the point on the boundary of the Gold Coast City 10
local government area that is latitude 28°07.476' south, 11
longitude 153°29.219' east; 12
(d) along the boundary of the Gold Coast City local 13
government area to the starting point. 14
2 Area near the Gold Coast Seaway 15
For section 7(1)(c), the area near the Gold Coast Seaway is the 16
area within the following boundary-- 17
(a) starting at the point where the boundary of the Gold 18
Coast City local government area intersects the high 19
water mark on the south side of the northern breakwater 20
of the Gold Coast Seaway (the starting point); 21
(b) along the high water mark to the easterly tip of the 22
northern wall of the Gold Coast Seaway; 23
(c) to latitude 27°55.90' south, longitude 153°27.06' east; 24
(d) to latitude 27°56.10' south, longitude 153°27.06' east; 25
(e) to the eastern tip of the southern wall of the Gold Coast 26
Seaway; 27
(f) along the high water mark of the northern side of the 28
southern breakwater to the point where the high water 29
Page 66
Gold Coast Waterways Authority Bill 2012
Schedule 1
mark intersects the boundary of the Gold Coast City 1
local government area; 2
(g) along the boundary of the Gold Coast City local 3
government area to the starting point. 4
3 Area near the mouth of Tallebudgera Creek 5
For section 7(1)(d), the area near the mouth of Tallebudgera 6
Creek is the area within the following boundary-- 7
(a) starting at the point on the boundary of the Gold Coast 8
City local government area that is latitude 28°05.425' 9
south, longitude 153°27.580' east (the starting point); 10
(b) to latitude 28°05.584' south, longitude 153°27.879' east; 11
(c) to the point on the boundary of the Gold Coast City 12
local government area that is latitude 28°05.898' south, 13
longitude 153°27.713' east; 14
(d) along the boundary of the Gold Coast City local 15
government area to the starting point. 16
Page 67
Gold Coast Waterways Authority Bill 2012
Schedule 2
Schedule 2 Dictionary 1
section 6 2
abandoned property, for part 5, division 3, see section 27. 3
appointed member, of the board, see section 44(a) and (c). 4
appropriately qualified, in relation to a function, includes 5
having the qualifications, experience or standing to perform 6
the function. 7
authority means the Gold Coast Waterways Authority. 8
board means the Gold Coast Waterways Authority Board. 9
chief executive officer means the authority's chief executive 10
officer appointed under section 60(1). 11
commencement, for part 12, see section 74. 12
contravening property, for part 5, division 3, see section 27. 13
disqualified person means any of the following-- 14
(a) a party to a contract (a relevant contract) with the 15
authority relating to the Gold Coast waterways; 16
(b) a person who, under the Corporations Act, is a related 17
entity of a body corporate that is a party to a relevant 18
contract; 19
(c) an employee of a party to a relevant contract, unless the 20
party is the Gold Coast City Council; 21
(d) a member of the Legislative Assembly or of a 22
parliament of the Commonwealth or another State; 23
(e) a councillor of a local government; 24
(f) a person who has been convicted of an indictable 25
offence; 26
(g) a person who is or has been an insolvent under 27
administration under the Corporations Act, section 9; 28
Page 68
Gold Coast Waterways Authority Bill 2012
Schedule 2
(h) a person who is disqualified from managing 1
corporations under the Corporations Act, part 2D.6. 2
functions includes powers. 3
Gold Coast City local government area means the local 4
government area of the Gold Coast City Council. 5
Gold Coast waters see section 7(1). 6
Gold Coast waterways see section 7(2). 7
insufficient value, for part 5, division 3, see section 27. 8
member, of the board, see section 44. 9
Ministerial direction see section 36(1)(a). 10
original decision, for part 5, division 4, see section 33. 11
property, for part 5, division 3, see section 27. 12
public marine facility see the Transport Infrastructure Act 13
1994, schedule 6. 14
reviewed decision, for part 5, division 4, see section 33. 15
watercraft see the Transport Infrastructure Act 1994, 16
schedule 6. 17
Examples of watercraft-- 18
a ship, a boat, a jet ski 19
water traffic see the Transport Infrastructure Act 1994, 20
schedule 6. 21
waterways management program see section 19(1). 22
waterways management strategy see section 15(1). 23
waterways notice see section 22. 24
© State of Queensland 2012
Page 69
[Index] [Search] [Download] [Related Items] [Help]