Off-shore Facilities Act 1986 (Qld)

Off-shore Facilities Act 1986

An Act to provide for the application and administration of laws at sites where offshore facilities are or are to be moored or fixed in the adjacent waters of Queensland and for related purposes

1 Short title This Act may be cited as the Off-shore Facilities Act 1986.

2 Interpretation (1) In this Act— adjacent waters of Queensland means— (a) the waters of the territorial sea of mainland Australia or of the territorial sea adjacent to any island forming part of Queensland that are within the area defined from time to time in Schedule 3 to the Petroleum (Submerged Lands) Act 1982; and (b) waters that are on the landward side of any part of the territorial sea referred to in paragraph (a) and are within the area referred to in that paragraph but that are not within the limits of the State; and (c) waters that are beyond the outer limits of the territorial sea referred to in paragraph (a) and within the area referred to in that paragraph. applied law means the laws of the State that by this Act are applied in respect of the site or intended site of an offshore facility and in respect of the waters adjacent to the site. fixed in relation to an offshore facility means embedded in, resting upon or attached to the seabed or a reef by means of any pier, pile, column or other structural thing other than a retractable pier, pile, column or other structural thing that forms part of a vessel. laws of the State means the common law and the statute law applicable in Queensland whether made, in the case of statute law, by or pursuant to an Act and includes local laws made by a local government but does not include a law made by or pursuant to an Act of the Commonwealth. moored in relation to an offshore facility means anchored or made fast, supported by water or by any retractable pier, pile, column or other structural thing that forms part of a vessel, and includes anchored or made fast with an ability to rise and fall with the tide or to swing about a pivotal point. offshore facility means— (a) any vessel other than one referred to in subsection (2); or (b) anything made by man that is a structure or is in the nature of a structure; or (c) anything declared by regulation to be an offshore facility for the purposes of this Act; that is or is to be moored or fixed in, on or under the adjacent waters of Queensland for a purpose other than that of exploring for or drilling petroleum within the meaning of the Petroleum (Submerged Lands) Act 1982. site in relation to an offshore facility includes the waters adjacent to the vessel or thing that is the offshore facility that are likely to be used regularly or occasionally in conjunction with or for the purposes of the offshore facility. vessel includes a ship, boat, air cushion vehicle, barge, pontoon or craft, capable of floating whether wholly or partly submerged, and whether or not it is self propelled. (2) The expression offshore facility does not include— (a) any vessel that is moored for a temporary purpose of short-term duration; (b) any vessel moored only because it is temporarily prevented from continuing its voyage on account of— (i) inclement weather; or (ii) industrial disputation; or (iii) any circumstance beyond the control of the person who, at the material time, is in charge of the vessel or may effectually direct as to the movement of the vessel.