Transport Infrastructure (Public Marine Facilities) Regulation 2023 (Qld)

Transport Infrastructure (Public Marine Facilities) Regulation 2023

Part 1 Preliminary

1 Short title This regulation may be cited as the Transport Infrastructure (Public Marine Facilities) Regulation 2023.

2 Commencement (1) This regulation, other than part 13, divisions 1 and 4, commences on 1 September 2023. (2) Part 13, division 1 commences on the commencement of the Justice and Other Legislation Amendment Act 2023, section 10. (3) Part 13, division 4 commences on 31 August 2023 at the end of the day.

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

4 References to plan A reference in schedule 1 to a particular plan by a number is a reference to the plan of that number held by the department and published on the department's website.

Part 2 Management of public marine facilities

Division 1 Appointment

5 Appointment of manager (1) For section 459(1) of the Act, a person mentioned in schedule 1 is appointed as the manager of the public marine facility stated opposite the person in the schedule. Notes— 1 See also sections 461, 461A and 519 of the Act about persons taken to be the manager of a public marine facility. 2 See also section 101 in relation to the appointment of particular persons. (2) If 2 or more persons are appointed as the manager of a public marine facility under schedule 1, the persons are appointed as joint managers of the facility.

Division 2 Conditions of appointment

6 Application of division This division states for section 459(3) of the Act the conditions on which the appointment of a manager of a public marine facility is made.

7 Use of public marine facilities (1) The manager of a public marine facility must allow the facility to be used only in the following ways— (a) by the public, at all times and free of charge, for genuinely private or recreational boating unless the manager has a reasonable excuse; (b) for the purpose of investigating and responding to an emergency; Examples for paragraph (b)— • saving human life • locating, or securing the safety of, an aircraft or vessel (c) for another purpose, including, for example, a commercial purpose, with— (i) the manager's written approval; and (ii) the written consent of the chief executive. Examples for paragraph (c)— • leaving a ship unattended at a public marine facility for the purpose of responding to potential emergencies • disembarking passengers from a charter boat (2) The chief executive may give written consent under subsection (1)(c)(ii) only if the chief executive is satisfied the purpose for which the consent is being given will not unreasonably disrupt the use of the public marine facility for genuinely private or recreational boating.