Transport Infrastructure (Waterways Management) Regulation 2012 (Qld)

Transport Infrastructure (Waterways Management) Regulation 2012

Part 1 Preliminary

1 Short title This regulation may be cited as the Transport Infrastructure (Waterways Management) Regulation 2012.

2 Definitions The dictionary in schedule 4 defines particular words used in this regulation.

3 Measurement of position (1) In this regulation, position is defined by reference to GDA2020. (2) In this section— GDA2020 means the Reference Frame under the National Measurement (Recognized-Value Standard of Measurement of Position) Determination 2017 (Cwlth) as in force on 1 July 2020.

Part 2 Application

4 Waterways and associated infrastructure (1) Subject to subsection (2), this regulation applies to the following Queensland waters (regulated waters)— (a) the waterways described in schedule 1, part 1 (Gold Coast waters); (b) the waterways described in schedule 2, part 1 (Sunshine Coast waters). (2) This regulation does not apply to a State managed boat harbour under the Transport Infrastructure (Public Marine Facilities) Regulation 2023.

5 Watercraft to which regulation does not apply (1) This regulation does not apply to the following watercraft— (a) a watercraft being used for official duty by the Commonwealth, a State or a local government; (b) a watercraft owned by the State; (c) a watercraft being used to carry out approved works. (2) In this section— approved works means works, including construction, dredging, installation and maintenance of navigation aids, approved under the Planning Act or Transport Operations (Marine Safety) Act 1994.

Part 3 Anchoring, mooring and grounding restrictions

6 Prohibition on anchoring etc. in particular regulated waters (1) Subsection (2) applies to the regulated waters within 30m of— (a) an approved structure; or (b) a watercraft moored to an approved structure. (2) The owner or operator of a watercraft must not cause or allow the watercraft— (a) to be anchored or moored in the waters; or (b) if the watercraft is aground at a place in the waters—to be kept at the place. Maximum penalty—40 penalty units. (3) Subsection (4) applies to the Sunshine Coast waters described in schedule 2, part 2, division 1. (4) The owner or operator of a watercraft must not cause or allow the watercraft— (a) to be moored in the waters; or (b) if it is aground at a place in the waters—to be kept at the place. Maximum penalty—20 penalty units. (5) Subsection (6) applies to the Sunshine Coast waters described in schedule 2, part 2, division 2. (6) The owner or operator of a watercraft that is more than 5m must not cause or allow the watercraft— (a) if it is unoccupied—to be anchored in the waters; or (b) if it is aground at a place in the waters—to be kept at the place. Maximum penalty—20 penalty units. Note— See also sections 14 and 20 for when a person does not contravene this section.