a tty ?, Queensland Gold Coast Waterways Authority Bill 2012 Queensland Gold Coast Waterways Authority Bill 2012 Contents Page Part 1 Preliminary 1 Short title 0.0... eee 8 2 Commencement... .......... 0.00 cece ee eee eee 8 3 Purposes of Act and their achievement .................... 8 4 Relationship with other Acts... 2.2.2.0... 000. e eee e eee 9 5 Act binds all persons .......... 0.000 cece ee eee eee eee 9 Part 2 Interpretation 6 Definitions... 0.0... 0.2 eee eee 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. ......... 00.0 c eee eee eee eee 10 9 Legal status ... 0... 0... eee 11 Division 2 Functions and powers 10 Main function and its achievement..................000005 11 11 General powers ...... 0.0.0... cee eee eee eee 12 12 Powers relating to navigational access..............-..0... 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 Part 5 Division 1 Division 22426 Division 328Division 4 Part 6 Part 7 Part 8 Division 1 Page 2 Consistency with waterways management strategy........... Powers relating to waterways management Preliminary General limitation on Gold Coast Waterways Authority's powers under part... 2.2... 0.0... eee eee eee Waterways notices Gold Coast Waterways Authority may control activities or conduct by notice... 6... eee eee Waterways notices generally ....................0.0.000. Display or publication of waterways notices................. Person must comply with waterways notice................. Interfering with waterways notices .................-00000- Dealing with contravening and abandoned property Definitions for div 3........0. 0... eee eee eee Moving contravening property ................0.0.0.0000. Reasonable steps must be taken to find owner of abandoned property eee eee ee A person may claim property..................0....0000. Sale of abandoned property..............00...000 eee eee Abandoned property of insufficient value................... Review of decisions Definitions for div 4.0.2.0... 0.00. c eee eee eee Internal review ........... 0.0.0.0 00 ceceeeeeeeeeee External review. ...... 00.00.0000 cece eee eee eee eee Ministerial directions, reporting and information Ministerial directions or guidelines to Gold Coast Waterways Authority ee eee eee eee eee Ministerial access to information ..................-00-05- Quarterly performance reports. ............0....00 eee eee Annual report .... 0... 0... eee eee Financial provisions Application of financial Acts .............. 00.0 eee eee eee Amounts received must be paid into the consolidated fund..... Marina owner levy ............ 0.00002 eee eee eee eee Gold Coast Waterways Authority Board Establishment and membership Gold Coast Waterways Authority Board controls the Authority .. 192022 2325 252727 29 Gold Coast Waterways Authority Bill 2012 Contents 44 Membership ......... 00.0 c cee cece eee eee 30 45 Appointed members... .. 2.2.26... 0 cee ce eee eee eee 30 46 Duration of appointment. ..........0... 0.0 eee eee ee 31 47 Terms and conditions of appointment...................00. 31 48 Vacation of office of appointed member.................00- 31 49 Suspension from office of appointed members .............. 31 50 Removal from office of appointed members................. 32 51 Delegation by particular member................22-.0005- 33 Division 2 Meetings and other business 52 Conduct of business... 1.0.2.0... 000. ccc eee eee 33 53 Times and places of meetings ................0022 0.000 33 54 QUOMUM 2... eee eee 33 55 Presiding at meetingS...... 0.0... 6... e eee eee eee ee eee 33 56 Conduct of meetings ...........0.. 0.00 cece eee eee 34 57 Decisions outside meetings ............ 20.0. e eee eee eee 34 58 Minutes and record of decisions...................0000005 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 ........ 0.00... eee eee 35 61 Acting chief executive officer ................. 002... e eee 35 62 Functions and powers of the chief executive officer........... 36 63 Delegations by chief executive officer ................0000. 36 Division 2 Employees 64 Employees .... 0.0.0... c ccc ccc eee teens 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... 1... eee eee eee 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. ...............0.0.0 0c c eee ee 41 Gold Coast Waterways Authority Bill 2012 Contents Part 11Part 12757780 Part 13 Division 1Division 2Division 38991 94 Page 4 Repeals Repeals ..... 0.0... ee eee Transitional provisions Definition for pt12 2.0.2... eee eee Waterways management strategy ...................0000. Waterways management program ...............0000000008 Marina owner levy ............ 0.00002 eee eee eee eee Transfer of particular State assets and liabilities to Gold Coast Waterways Authority..................0 000.000.000.000. Registration of transferred assets................00-00000- Novation of particular State contracts to Gold Coast Waterways Authority... 2.0.0.0... 0... eee eee Amendment of Acts Amendment of this Act Actamended ........... 00. c cece eee teens Amendment of long title. .......... 2.0... e eee eee eee ee Public Service Act 2008 Actamended ........... 00. c cece eee teens Amendment of sch 1 (Public service offices and their heads) . . . Transport Infrastructure Act 1994 Actamended ........... 00. c cece eee teens Amendment of s 461 (Management by chief executive)........ Insertion of newS 461A ....... 0. eee ee 461A Management by Gold Coast Waterways Authority. . . Amendment of s 464 (Management by another person) ....... Amendment of s 466 (Fees). ...........00...0 00 e eee Replacement of ch 15, pt 2, hdg (Management of waterways) . . Replacement of ch 15, pt 2, divs 1 and2................... Division 1 Preliminary 470 Purpose of pt2............ 00... c cee eee eee 471 Meaning of waterway management regulation. .... . Replacement of ch 15, pt 2, div 3, hdg (Authorised persons for waterway transport management plans) ................0.. Renumbering of ch 15, pt 2, divs 3and4................... Insertion of new S$ 472 «0... eee 472 Functions of authorised persons ................ Amendment of s 475A (Authorised persons)................ 4242 43 46 46 47474848 49 4950 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 PETSON) eee eee eee eee 51 98 Amendment of s 475D (Production or display of identity card) . . 51 99 Amendment of s 475F (Resignation) ...................05. 52 100 Amendment of s 475G (Return of identity card).............. 52 101 Amendment of s 475L (Issue of warrant)................0.. 52 102 Amendment of s 475P (Notice of intention to remove watercraft) 52 103 Amendment of s 475Q (Removing illegally anchored or moored watercraft)... eee eee 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) kee 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). ........... 0... eee eee eee 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) ............ 000... cece cece eee 56 115 Amendment of sch 6 (Dictionary)...............0....0000. 56 Division 4 Transport Operations (Marine Pollution) Act 1995 116 Actamended ........... 0c c cece eee ete tees 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)...................0.. 59 Division 5 Transport Operations (Marine Safety) Act 1994 121 Actamended ........... 0c c cece eee ete tees 59 122 Amendment of s 18A (Exempting of person or ship from regulatory provision) ... 0.0.0... 2c eee eee eee 59 123 Insertion Of NEWS 777A... 1. eee 59 77A Harbour master to consult with Gold Coast Waterways Authority... 2.6... eee eee eee 60 Gold Coast Waterways Authority Bill 2012 Contents 126128 131 Division 6Schedule 1Schedule 2 Page 6 Insertion of newS 105A .... 0... 2. eee eee 105A Gold Coast Waterways Authority may set up aid to navigation................0.0 00 ..0.0.000000. Amendment of s 157 (Appointment of shipping inspectors)... . . Amendment of s 203B (Internal review of decisions).......... Amendment of s 203C (External review of decisions) ......... Amendment of s 206A (General manager's power to fix speed limits for ShipS) ... 0.2... eee eee Insertion of new Ss 206AA........ 2... cee ee 206AA Gold Coast Waterways Authority's power to fix speed limits for ships.......... 0.00... eee ee eee eee eee Amendment of s 218 (Other matters for regulations).......... Insertion of new pt 19, div5.......... 00... eee eee Division 5 Provision for Gold Coast Waterways Authority Act 2012 246 Fixing of speed limits for ships for Gold Coast waters Amendment of schedule (Dictionary)................-..--. Transport Operations (Road Use Management) Act 1995 Actamended ........... 0c c cece eee ete tees Amendment of sch 4 (Dictionary)..................2-0000. Gold Coast waters ..............0 00.00 cee eee Area near the mouth of Currumbin Creek .................. Area near the Gold Coast Seaway...................0.05. Area near the mouth of Tallebudgera Creek................. Dictionary ........... 00... ee 6061 62 6364 646667 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— Part 1 Preliminary 1 Short title This Act may be cited as the Gold Coast Waterways Authority Act 2012. 2 Commencement Page 8 (1) This Act, other than part 13, divisions 1 and 6, commences on 1 December 2012. (2) Part 13, divisions 1 and 6 commence on a day to be fixed by proclamation. Purposes of Act and their achievement (1) The main purpose of this Act is to deliver the best possible management of the Gold Coast waterways at reasonable cost to the community and government, while keeping government regulation to a minimum. (2) Other purposes of this Act are to do the following— (a) plan for and facilitate the development of the Gold Coast waterways over the long term in a way that is sustainable and considers the impact of development on the environment; (b) improve and maintain navigational access to the Gold Coast waterways; (c) develop and improve public marine facilities relating to the Gold Coast waterways; (d) promote and manage the sustainable use of the Gold Coast waterways for marine industries, tourism and recreation. oN Gold Coast Waterways Authority Bill 2012 Part 1 Preliminary [s 4] (3) To achieve the purposes, this Act establishes the Gold Coast Waterways Authority to strategically plan for, facilitate and manage the development and use of the Gold Coast waterways. 4 Relationship with other Acts (1) This Act does not affect the operation of the following Acts— (a) the Fisheries Act 1994; (b) the Marine Parks Act 2004; (c) the Maritime Safety Queensland Act 2002; (d) the Transport Infrastructure Act 1994; (e) the Transport Operations (Marine Pollution) Act 1995; (f) _ the Transport Operations (Marine Safety) Act 1994. (2) This Act does not affect the functions or obligations of a local government under the following laws— (a) the Coastal Protection and Management Act 1995; (b) the Local Government Act 2009 or a local law made under that Act; (c) the Sustainable Planning Act 2009. 5 Act binds all persons (1) This Act binds all persons including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States. (2) Nothing in this Act makes the State liable to be prosecuted for an offence. Page 9 BWNR Oo mnrANInHDMN 1114 17 2124 Gold Coast Waterways Authority Bill 2012 Part 2 Interpretation [s 6] Part 2 Interpretation 6 Definitions The dictionary in schedule 2 defines particular words used in this Act. 7 Meaning of Gold Coast waters and Gold Coast waterways (1) The Gold Coast waters are all of the waters within the following areas— (a) the Gold Coast City local government area; (b) the area near the mouth of Currumbin Creek described in schedule 1, section 1; (c) the area near the Gold Coast Seaway described in schedule 1, section 2; (d) _ the area near the mouth of Tallebudgera Creek described in schedule 1, section 3. (2) The Gold Coast waterways are all of the waterways in Gold Coast waters. Part 3 Gold Coast Waterways Authority Division 1 Establishment and status 8 Establishment The Gold Coast Waterways Authority is established. Page 10 Kw onan 12 14 16 18 21 Gold Coast Waterways Authority Bill 2012 Part 3 Gold Coast Waterways Authority [s 9] Legal status (1) The authority— (a) (b) (c) (d) is a body corporate, consisting of the board members provided for under part 8, division 1; and has perpetual succession; and has a seal; and may sue or be sued in its corporate name. (2) The authority represents the State. (3) Without limiting subsection (2), the authority has all the privileges and immunities of the State. Division 2 Functions and powers 10 Main function and its achievement (1) The authority's main function is to give effect to the purposes of this Act. (2) The main function is performed primarily by the authority doing the following in relation to the Gold Coast waterways— (a) (b) developing, under part 4— (i) awaterways management strategy; and (ii) a waterways management program; ensuring the effective and efficient management of the following, including by exercising the powers under part 5_ (i) water traffic and public marine facilities; (ii) the use of the Gold Coast waterways; performing functions conferred on the authority under the following Acts— (i) _ the Transport Infrastructure Act 1994; Page 11 Fo wnrnt Aun FW Ne 14 16 182124 26 Gold Coast Waterways Authority Bill 2012 Part 3 Gold Coast Waterways Authority [s 11] Page 12 (d) Examples of functions conferred on the authority under the Transport Infrastructure Act 1994— * managing public marine facilities * managing, under a waterways management regulation made under that Act, the use of waterways (ii) the Transport Operations (Marine Pollution) Act 1995; Examples of functions conferred on the authority under the Transport Operations (Marine Pollution) Act 1995— ¢ through employees of the authority appointed as authorised officers, dealing with the discharge of ship-sourced pollutants into coastal waters ¢ providing, arranging for the provision of, or directing the provision of reception facilities * — recovering discharge expenses incurred in relation to a discharge or likely discharge of pollutant from a ship into coastal waters (iii) the Transport Operations (Marine Safety) Act 1994; Examples of functions conferred on the authority under the Transport Operations (Marine Safety) Act 1994— * setting up, entering into agreements to set up and maintaining aids to navigation ¢ fixing speed limits for ships * approving the establishment of buoy moorings * — giving consent for the holding of aquatic events performing any other function conferred on the authority under this Act or another law. General powers (1) The authority has the powers— (a) (b) (c) necessary or convenient to perform its functions; or incidental to the performance of its functions; or to help achieve the purposes of this Act. OD ND NP W NRE See NRO pe BW RRR NNN eR oon NW eo NN Wh XY NN Nn NN on 30 32 (2) (3) (4) Gold Coast Waterways Authority Bill 2012 Part 3 Gold Coast Waterways Authority [s 12] Without limiting subsection (1), the authority may do all or any of the following— (a) acquire, hold, dispose of, and deal with property; (b) appoint agents and attorneys; (c) engage consultants; (d) enter into contracts, joint ventures and commercial arrangements; (e) do anything necessary or convenient to be done in the performance of its functions under an Act. In performing its functions, the authority may act alone or in conjunction with public sector units, local governments and other entities. The authority also has the powers conferred on it under another provision of this Act or under another Act. Powers relating to navigational access d) (2) For the purposes of improving or maintaining navigational access to the Gold Coast waterways, the authority may— (a) dredge and _ otherwise improve and _ maintain navigational channels for the Gold Coast waterways; and (b) reduce or remove a shoal, bank or accumulation in Gold Coast waters that impedes navigation. The authority is not liable to pay royalties or similar charges for extractive material removed in exercising a power under subsection (1) if the material is disposed of— (a) in an area approved by the Minister; and (b) under environmental controls relating to extractive material under an Act. Page 13 Com ND NW FW Ne See NRO pe BW 17 1922 2428 Gold Coast Waterways Authority Bill 2012 Part 4 Waterways management strategy [s 13] 13 Powers subject to Ministerial direction The exercise of any of the authority's powers is subject to Ministerial directions. 14 Delegations by Gold Coast Waterways Authority d) (2) (3) (4) The authority may delegate its functions under an Act to— (a) amember; or (b) the chief executive officer; or (c) any other appropriately qualified person. However, the authority can not delegate its functions under part 4. A delegation of a function may permit the subdelegation of the function to an appropriately qualified person. If the function is performed under another Act, the power to delegate or subdelegate is subject to the other Act. Part 4 Waterways management strategy Division 1 Development and approval of strategy 15 Meaning of waterways management strategy d) (2) Page 14 A waterways management strategy is a 10-year management strategy about the long-term sustainable use, management and development of the Gold Coast waterways. The purposes of a waterways management strategy are to— Wn onan s 12 14 16 18 21 Gold Coast Waterways Authority Bill 2012 Part 4 Waterways management strategy [s 16] (a) establish a clear direction for the sustainable use, management and development of the Gold Coast waterways for a 10-year period; and (b) identify the needs and priorities for the sustainable use, management and development of the Gold Coast waterways into the future, having regard to the benefits for and impacts on the community, environment and economy of the Gold Coast City local government area. Development of waterways management strategy d) (2) (3) (4) The authority must, from time to time, develop for the Minister's approval a waterways management strategy. In developing a waterways management strategy, the authority must— (a) have regard to the purposes of this Act; and (b) consult with, and consider the views of, the Gold Coast City Council; and (c) within the Gold Coast City local government area, take reasonable steps to engage in public consultation. The Minister may, at any time, direct the authority to prepare a new waterways management strategy for the Minister's approval or to amend an existing strategy in the way the Minister directs. In relation to a waterways management strategy submitted for approval, the Minister may— (a) approve the strategy; or (b) direct the authority to amend the strategy in the way the Minister directs. Content of waterways management strategy d) A waterways management strategy must include the following— Page 15 CIDNWKR WNE 11 13 16 18 2022 24 27 30 Gold Coast Waterways Authority Bill 2012 Part 4 Waterways management strategy [s 18] (2) (a) (b) (c) (d) (e) a statement of the specific objectives sought to be achieved in relation to the Gold Coast waterways; any proposals for the provision of navigational access to, and public marine facilities for, the Gold Coast waterways; any proposals for the use of the Gold Coast waterways for activities; investment criteria for deciding priorities for improving and maintaining navigational access, developing and improving public marine facilities and other waterways management initiatives and options for financing the priorities; appropriate performance indicators for deciding whether, and to what extent, the objectives of the strategy have been achieved. A waterways management strategy must have regard to agreements or arrangements between the State and the Gold Coast City Council about navigational access to, marine infrastructure for, and management of, the Gold Coast waterways. 18 Tabling of waterways management strategy d) (2) Page 16 The Minister must table a copy of a waterways management strategy in the Legislative Assembly within 5 sitting days after approving the strategy. In this section— waterways management strategy includes an amendment of a waterways management strategy. COA NAD NPW NY See NRO PRR nw NOR Ree COAND 2327 Gold Coast Waterways Authority Bill 2012 Part 4 Waterways management strategy [s 19] Division 2 Waterways management program 19 Development of waterways management program (1) Before the start of each financial year, the authority must (2) (3) (4) (5) develop for the Minister's approval a Gold Coast waterways management program for the year and the following 3 years (a waterways management program). A waterways management program must include each of the following for the period to which the program relates— (a) _ the policies and financial measures for implementing the waterways management strategy; (b) _ the performance targets to be achieved; (c) details of projects to improve and maintain navigational access to Gold Coast waters and to develop and improve public marine facilities; (d) details of measures to be taken to implement and monitor compliance with a waterways management regulation made under the Transport Infrastructure Act 1994 to the extent the regulation applies to Gold Coast waters. In developing a waterways management program, the authority must take reasonable steps to consult with the Gold Coast City Council, the community of the Gold Coast City local government area and sectors of the maritime industry that, in the authority's opinion, would be affected by the program. A waterways management program must be— (a) published on the authority's website; and (b) available for inspection at the authority's office during normal business hours. The Minister may at any time direct the authority to amend a waterways management program. Page 17 ON ANFW LV 11 131618212325 27 29 31 Gold Coast Waterways Authority Bill 2012 Part 5 Powers relating to waterways management [s 20] (6) Inrelation to a waterways management program submitted for approval, the Minister may— (a) approve the program; or (b) direct the authority to amend the program in a the way the Minister directs. 20 Consistency with waterways management strategy (1) Subject to directions of the Minister, a waterways management program must be consistent with a waterways management strategy. (2) If the Minister gives a direction under this part that results in a waterways management program being inconsistent with a waterways management strategy, the Minister must table a copy of the direction in the Legislative Assembly within 5 sitting days after it is given. Part 5 Powers relating to waterways management Division 1 Preliminary 21 General limitation on Gold Coast Waterways Authority's powers under part The powers of the authority under this part— (a) may only be exercised in relation to Gold Coast waters; and (b) must be exercised subject to the powers of each of the following— (i) the general manager under part 14A of the Transport Operations (Marine Safety) Act 1994; Page 18 nak WwW NR oman ad 111316 19 22 24 26 Gold Coast Waterways Authority Bill 2012 Part 5 Powers relating to waterways management [s 22] (ii) a harbour master under the Transport Operations (Marine Safety) Act 1994; (iii) the general manager, including the general manager operating as the marine pollution controller, under part 12 of the Transport Operations (Marine Pollution) Act 1995. Division 2 Waterways notices 22 Gold Coast Waterways Authority may control activities or conduct by notice The authority may display or publish a notice (a waterways notice) in the way required under section 24 to control activities or conduct in Gold Coast waters for the following purposes— (a) maintaining or improving the effective and efficient management of the Gold Coast waterways; (b) maintaining fair and reasonable access to public marine facilities for users of the Gold Coast waterways; (c) moving or mooring watercraft, or controlling activities on or by watercraft, in Gold Coast waters. 23 Waterways notices generally A waterways notice must— (a) indicate the thing or area to which the notice applies; and (b) _ state that contravention of a requirement of the notice is an offence against this Act and the maximum penalty for the offence. 24 Display or publication of waterways notices (1) To have effect, a waterways notice must— Page 19 DNnkwW NK 1113 15 17 19 21 23 2528 Gold Coast Waterways Authority Bill 2012 Part 5 Powers relating to waterways management [s 25] (2) (3) (4) (a) be displayed, in a way that is clearly visible to passers-by, on or near the thing or area to which it relates; or (b) _ be published on the authority's website. Before a waterways notice mentioned in subsection (1)(b) has effect, the authority must publish the waterways notice in a newspaper circulated in the Gold Coast City local government area. A copy of a waterways notice must be available during normal business hours for inspection at the authority's office. Evidence that a sign displaying a waterways notice was on or near the thing or area to which it relates is evidence that the notice was displayed by the authority. 25 Person must comply with waterways notice A person must comply with each requirement of a waterways notice, unless the person has a reasonable excuse for not complying with it. Maximum penalty— (a) for a contravention of a requirement of a waterways notice about the movement or mooring of, or activities on or by, a watercraft—100 penalty units; or (b) otherwise—25 penalty units. 26 Interfering with waterways notices d) (2) (3) Page 20 This section applies to a waterways notice, other than a waterways notice published on the authority's website. A person must not unlawfully interfere with the waterways notice. Maximum penalty—25 penalty units. In this section— CIDNW BR WNeE \o 12162025 27 29 Gold Coast Waterways Authority Bill 2012 Part 5 Powers relating to waterways management [s 27] interfere, with a waterways notice, includes remove or damage the waterways notice. Division 3 Dealing with contravening and abandoned property Note— The powers of the authority under this division do not affect a function or obligation of a local government to deal with abandoned property under another law. See section 4(2). Definitions for div 3 In this division— abandoned property means a watercraft, part of a watercraft, or other property, that the authority reasonably believes is abandoned, lost or stranded in Gold Coast waters or on land adjacent to Gold Coast waters. Examples of land adjacent to Gold Coast waters— mudflats, banks of rivers, foreshores contravening property means a watercraft, part of a watercraft, or other property, that is moored or left in Gold Coast waters or on land adjacent to Gold Coast waters in contravention of a requirement of a waterways notice. insufficient value, in relation to property, means the property— (a) is of no value; or (b) if sold by the authority, would not be likely to return sufficient proceeds of sale to cover the total of the following amounts— (i) the expenses reasonably incurred by the authority in selling the property; (ii) the expenses reasonably incurred by the authority in dealing with the property under this division; Page 21 Kw COND NN 1214 16 1820 22 2528 30 Gold Coast Waterways Authority Bill 2012 Part 5 Powers relating to waterways management [s 28] Page 22 (iii) the charges, interest and other expenses owing to the authority in relation to the property. property does not include land or an interest in land. Moving contravening property (1) This section applies to contravening property found by the authority if— (a) _ the authority reasonably believes it is necessary to move the contravening property having regard to— (i) _ the effective and efficient management and use of the Gold Coast waterways; or (ii) the safety or security of the users of the Gold Coast waterways or the authority's employees; and (b) _ the authority— (i) can not immediately find the person in charge of the contravening property; or (ii) reasonably believes the person in charge of the contravening property can not, or will not, move the contravening property immediately. (2) The authority may— (a) take steps necessary and reasonable to have the contravening property moved; and (b) if the contravening property consists of goods that are perishable or is of insufficient value—treat the goods as abandoned property. (3) In this section— person in charge, of contravening property, means— (a) for a watercraft—the person having command or charge of the watercraft; or (b) otherwise—the owner of the property or another person in charge of the property. on nan 12 15 1721 2326 28 30 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 abandoned property d) (2) (3) (4) This section applies to abandoned property found by the authority, unless the property— (a) is of insufficient value; or (b) _ is perishable and it is impracticable for the authority to keep it having regard to its nature and condition. The authority— (a) must take reasonable steps to locate the owner of the property; and (b) may have the property moved to a place it considers appropriate. If the authority has located the owner of the property within 28 days after the property was found, the authority must give the owner a written notice— (a) describing the property; and (b) _ stating the property has been found; and (c) explaining how the property may be recovered; and (d) | stating the property may be sold or disposed of if it is not recovered. If the authority has not located the owner of the property within 28 days after finding the property, the authority must publish a notice in a newspaper circulating generally in the Gold Coast City local government area that includes the matters mentioned in subsection (3)(a) to (d). 30 A person may claim property The authority must return abandoned property to a person if the person, within 28 days after the notice is given or published under section 29— (a) _ satisfies the authority that the person is the owner of the property; and Page 23 CAD NN BPW NK 12 141720 22242831 Gold Coast Waterways Authority Bill 2012 Part 5 Powers relating to waterways management [s 31] Page 24 (b) pays the expenses reasonably incurred by the authority in dealing with the property under this division. Sale of abandoned property (1) The authority may sell abandoned property if— (2) (3) (4) (a) (b) a person does not claim the abandoned property within 28 days after the authority has given or published a notice about the property under section 29; or the property is perishable and it is impracticable for the authority to keep it having regard to its nature and condition. If abandoned property is sold by the authority, the proceeds of the sale must be applied in the following order— (a) (b) (c) (d) (e) in payment of the expenses reasonably incurred by the authority in selling the property; in payment of the expenses reasonably incurred by the authority in dealing with the property under this division; in payment of charges, interest and other expenses owing to the authority in relation to the property; if there is an amount owing to an entity under a security interest registered for the abandoned property under the Personal Property Securities Act 2009 (Cwlth)—in payment of the amount owing under the security interest; the balance to the owner of the abandoned property or, if the owner can not be found, to the consolidated fund. If the proceeds of the sale are less than the total of the expenses mentioned in subsection (2)(a), (b) and (c), the difference is a debt owing to the State by the owner. Compensation may not be recovered against the authority in relation to a payment under this section. Noe Com ANID FW 14 1619 212326 2831 Gold Coast Waterways Authority Bill 2012 Part 5 Powers relating to waterways management [s 32] 32 Abandoned property of insufficient value The authority may dispose of abandoned property that is of insufficient value in the way the authority considers appropriate. Division 4 Review of decisions 33 Definitions for div 4 In this division— original decision means a decision made under this part by the authority or a delegate of the authority, other than a reviewed decision. reviewed decision means the authority's decision made, or taken to have been made, on a review under section 34. 34 Internal review d) (2) (3) A person whose interests are affected by an original decision may ask the authority to review the decision. The Transport Planning and Coordination Act 1994, part 5, division 2— (a) applies to the review; and (b) provides— (i) for the procedure for applying for the review and the way it is to be carried out; and (ii) that the person may apply to QCAT to have the original decision stayed. For applying the Transport Planning and Coordination Act 1994, part 5, division 2, a reference to the chief executive in that division, including, for example, in sections 33 and 34 of that Act, is taken to be a reference to the authority. Page 25 nn BWN on NW 12 15 17 19 21 23 2527 Gold Coast Waterways Authority Bill 2012 Part 6 Ministerial directions, reporting and information [s 35] 35 External review (1) If a reviewed decision is not the decision sought by the applicant for the review, the authority must give the applicant a QCAT information notice for the reviewed decision. (2) The applicant may apply, as provided under the QCAT Act, to QCAT for a review of the reviewed decision. Note— The QCAT Act, section 22(3) provides that QCAT may stay the operation of the reviewed decision, either on application by a person or on its own initiative. (3) In this section— QCAT information notice means a notice complying with the QCAT Act, section 157(2). Part 6 Ministerial directions, reporting and information 36 Ministerial directions or guidelines to Gold Coast Waterways Authority (1) The Minister may give the authority— (a) a written direction about the performance of its functions (a Ministerial direction); or (b) written guidelines to help the authority perform its functions. (2) A Ministerial direction may prohibit the authority from acquiring a particular asset or an asset of a particular type. (3) The authority must comply with a Ministerial direction. Page 26 wom nt nan BWN ee r- SO RR Wn 15 17 20 22 24 Gold Coast Waterways Authority Bill 2012 Part 6 Ministerial directions, reporting and information [s 37] 37 Ministerial access to information d) (2) (3) The Minister may, by written notice, require the authority to prepare, approve and give the Minister or a stated person in a stated government entity stated information or stated documents, or copies of documents, in the authority's possession. The authority must comply with the requirement. In this section— government entity see the Public Service Act 2008, section 24. 38 Quarterly performance reports d) (2) The authority must prepare, approve and give the Minister a written report about the performance of its functions at quarterly intervals or other more frequent intervals as directed by the Minister. Without limiting subsection (1), the report must address the following matters in relation to the Gold Coast waterways— (a) projects relating to improving and maintaining navigational access to Gold Coast waters and developing and improving public marine facilities and the progress of the projects; (b) waterways management activities; (c) revenue and expenditure. 39 Annual report d) (2) This section applies to each annual report the authority is required to prepare and give to the Minister under the Financial Accountability Act 2009, section 63. The annual report must include the following— (a) a copy of any Ministerial directions given during the year to which the report relates (the year); Page 27 FO WON ANFWNY 2630 Gold Coast Waterways Authority Bill 2012 Part 7 Financial provisions [s 40] (b) a statement about how the authority performed its functions during the year compared with the expected performance for the year under the relevant waterways management program; (c) details about projects relating to improving and maintaining navigational access to Gold Coast waters and developing and improving public marine facilities undertaken during the year; (d) any other matter prescribed under a regulation. (3) This section does not limit the application of the Financial Accountability Act 2009. Part 7 Financial provisions 40 Application of financial Acts (1) The authority is— (a) astatutory body under the Financial Accountability Act 2009; and (b) a statutory body under the Statutory Bodies Financial Arrangements Act 1982. (2) The Statutory Bodies Financial Arrangements Act 1982, part 2B sets out the way in which the authority's powers under this Act are affected by that Act. 41 Amounts received must be paid into the consolidated fund The authority must pay amounts received under this or another Act into the consolidated fund, including the following— (a) amounts received from the proceeds of sale of abandoned property under section 31; Page 28 Be OC MIDUWN BwWNHE re oO 14 16 18 2023 2528 Gold Coast Waterways Authority Bill 2012 Part 7 Financial provisions [s 42] (b) amounts received for annual levies from an owner of a marina under section 42; (c) amounts received, to the extent they relate to the Gold Coast waterways— (i) from the proceeds of sale of a watercraft under the Transport Infrastructure Act 1994, section 475U; and (ii) for fees in relation to buoy moorings and aquatic events under the Transport Operations (Marine Safety) Act 1994. Marina owner levy d) (2) (3) (4) The owner of a marina must pay an annual levy to the authority as a contribution towards providing and maintaining public marine facilities. The levy must be paid within 30 days after the authority gives written notice of the levy to the owner of the marina. The amount of the levy is the amount prescribed under a regulation. In this section— marina means a jetty, mooring, pontoon or berth, or combination of them, that can be used to moor at least 3 watercraft. owner, of a marina, includes a person who— (a) exercises or purports to exercise the powers of the Owner; and (b) operates the marina or causes or allows the marina to be operated by someone else. Page 29 Pom ADDN FW NY Gold Coast Waterways Authority Bill 2012 Part 8 Gold Coast Waterways Authority Board [s 43] Part 8 Gold Coast Waterways Authority Board Division 1 Establishment and membership 43 Gold Coast Waterways Authority Board controls the Authority The Gold Coast Waterways Authority Board controls the Authority. 44 Membership The board consists of 7 persons (each a member) made up of— (a) achairperson (an appointed member); and (b) the mayor of the Gold Coast City Council; and (c) 5 other persons (each also an appointed member). 45 Appointed members Page 30 d) (2) Appointed members are to be appointed by the Governor in Council, by gazette notice, on the recommendation of the Minister. A person may be appointed as an appointed member only if the person is not a disqualified person and the person— (a) has knowledge of and experience in 1 or more of the following relevant to the Gold Coast waterways— (i) the representation of the interests of stakeholders in the Gold Coast waterways, including industry, recreational users, tourism operators and interested groups; (ii) marine, coastal or waterways planning; (iii) environmental management; NH Ws 1113 1619 21 2325 27 Gold Coast Waterways Authority Bill 2012 Part 8 Gold Coast Waterways Authority Board [s 46] (iv) marine, coastal, waterways or infrastructure engineering; (v) commercial and marketing development; (vi) maritime business; or (b) has other knowledge and experience the Minister considers appropriate. Duration of appointment d) (2) An appointed member holds office for the term, of not more than 3 years, stated in the member's instrument of appointment. If an appointed member is reappointed, the total of the member's terms of office may not be longer than 6 years. Terms and conditions of appointment d) (2) An appointed member is to be paid the remuneration and allowances decided by the Governor in Council in the person's instrument of appointment. An appointed member holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council. Vacation of office of appointed member The office of an appointed member becomes vacant if the member— (a) completes a term of office; or (b) _ resigns office by signed notice given to the Minister; or (c) is removed from office as a member under section 50. Suspension from office of appointed members d) This section applies if— Page 31 Dun BW Ne 12 151822 2427 Gold Coast Waterways Authority Bill 2012 Part 8 Gold Coast Waterways Authority Board [s 50] Page 32 (2) (3) (4) (5) (a) a matter has arisen in relation to an appointed member of the board; and (b) the matter— (i) is one which is, or may be, a reason for removing a member from office under section 50; or (ii) is alleged misconduct by the member; and (c) the Minister considers that it is necessary in the public interest for the member to be suspended from office pending further consideration of the matter. The Minister may suspend the appointed member from office, by written notice given to the appointed member, for a period not exceeding 60 days. If the Minister considers it is necessary in the circumstances, the Minister may extend the suspension from time to time, by written notice given to the appointed member, by periods not exceeding 60 days. The Minister must advise the appointed member, by written notice given to the appointed member, if the Minister ends the member's suspension. In this section— misconduct, for an appointed member of the board, means— (a) inappropriate or improper conduct in performing the member's duties; or (b) inappropriate or improper conduct in a private capacity that reflects seriously or adversely on the board. Removal from office of appointed members The Governor in Council may at any time remove an appointed member from office for any reason or none. OAN DD WP W NY See NRO RR RR DnunbwW RRR oan NY NY r- CO NN WN NWN AK 28 Gold Coast Waterways Authority Bill 2012 Part 8 Gold Coast Waterways Authority Board [s 51] 51 Delegation by particular member The mayor of the Gold Coast City Council may delegate the mayor's functions as a member of the board to— (a) another councillor of the Gold Coast City Council; or (b) an appropriately qualified employee of the Gold Coast City Council. Division 2 Meetings and other business 52 Conduct of business (1) A regulation may provide for how the board may conduct its business, including its meetings. (2) Subject to subsection (1) and this division, the board may conduct its business, including its meetings, in the way it considers appropriate. 53 Times and places of meetings (1) Meetings of the board are to be held at the times and places the chairperson decides. (2) However, the chairperson must call a meeting if asked, in writing, to do so by at least 2 members. (3) Also, the chairperson must call a meeting at least once in each quarter. 54 Quorum A quorum for a board meeting is more than half of the number of members. 55 Presiding at meetings d) The chairperson is to preside at all board meetings at which the chairperson is present. Page 33 Dun F&F WN 1216 18 20 23 26 Gold Coast Waterways Authority Bill 2012 Part 8 Gold Coast Waterways Authority Board [s 56] Page 34 (2) If the chairperson is not present, the following member is to preside— (a) the member chosen by the chairperson; (b) otherwise—the member chosen by the members present. Conduct of meetings d) (2) (3) (4) The board may hold meetings, or allow members to take part in its meetings, by using any technology allowing reasonably contemporaneous and continuous communication between persons taking part in the meeting. A person who takes part in a board meeting under subsection (1) is taken to be present at the meeting. A decision at a board meeting must be a majority decision of the members present. However, if the votes cast on a matter are equal the chairperson has a casting vote. Decisions outside meetings A decision of the board, other than a decision at a meeting of the board, may be made only with the written agreement of a majority of members. Minutes and record of decisions d) (2) The board must keep— (a) minutes of its meetings; and (b) arecord of any decisions under section 57. The minutes of a meeting or record of a decision must record that a member abstained from casting a vote on a matter. ab WwW Ne oman a 12 14 16 192224 26 Gold Coast Waterways Authority Bill 2012 Part 9 Staff [s 59] Division 3 Miscellaneous provisions Protection of members from civil liability d) (2) A member is not civilly liable to someone for an act done, or omission made, honestly and without negligence under this Act. If subsection (1) prevents a civil liability attaching to the member, the liability attaches instead to the State. Part 9 Staff Division 1 Chief executive officer 60 Chief executive officer (1) The Governor in Council must appoint a chief executive officer of the authority. (2) A disqualified person can not be appointed as the chief executive officer. (3) The term of the chief executive officer's appointment can not be more than 5 years. (4) Subject to subsection (3), the chief executive officer's remuneration and allowances and other terms and conditions of office are as decided by the Governor in Council in the person's instrument of appointment. (5) The chief executive officer is to be appointed under this Act, and not under the Public Service Act 2008. 61 Acting chief executive officer d) This section applies if— Page 35 ND NRW WY 12 14 16 1820 22 24 Gold Coast Waterways Authority Bill 2012 Part 9 Staff [s 62] (2) (3) (4) (5) (6) (a) no chief executive officer has been appointed; or (b) the office of chief executive officer is vacant; or (c) | the appointed chief executive officer (the usual CEO) is absent or is unable to discharge the functions of the office because of illness or any other reason. The Minister may, by signed notice, appoint a person to act in the office. For the circumstances mentioned in subsection (1)(a) or (b), the appointment ends when, if the Governor in Council appoints someone else as the chief executive officer, the term of that appointment starts. For the circumstances mentioned in subsection (1)(c), the appointment ends if the Minister gives the appointee notice that the usual CEO has resumed his or her duties as the chief executive officer. The Acts Interpretation Act 1954, section 24B(7D) to (15) applies to the appointee as if the appointee had been appointed under that section. This section does not limit or otherwise affect the Acts Interpretation Act 1954, section 24B. 62 Functions and powers of the chief executive officer d) (2) The chief executive officer must manage, and report to the board about, the authority's operations. The chief executive officer has the power to do anything necessary or convenient to be done for the performance of the chief executive officer's functions. 63 Delegations by chief executive officer d) Page 36 The chief executive officer may delegate the chief executive officer's functions under an Act to any appropriately qualified person. Com ND NWSW YN ee re oO RR RR nNBRWN RRR ann Ne ow 23 2529 (2) (3) Gold Coast Waterways Authority Bill 2012 Part 9 Staff [s 64] A delegation of a function may permit the subdelegation of the function. If the function is performed under another Act, the power to delegate or subdelegate is subject to the other Act. Division 2 Employees 64 Employees The authority's employees are to be employed under either of the following, as stated in the employee's instrument of appointment— (a) the Public Service Act 2008; or (b) _ section 65. 65 Chief executive officer may employ employees d) (2) (3) (4) (5) (6) The chief executive officer may employ employees the chief executive officer considers necessary to perform the authority's functions. Subject to any relevant industrial instrument, the chief executive officer may decide the employment conditions of employees employed under this section. The Public Service Act 2008 does not apply to the employment of employees employed under this section. Before employing a person under this section, the chief executive officer must consult with the commission chief executive under the Public Service Act 2008. Despite subsection (3), an employee employed under this section is taken to be a public service employee of the authority for the purposes of a work performance arrangement under the Public Service Act 2008, section 183. In this section— Page 37 Nn oman a 141720 222527 Gold Coast Waterways Authority Bill 2012 Part 9 Staff [s 66] Page 38 employment conditions includes conditions about the length of the employment and ending the employment. Preservation of rights of particular public service officers d) (2) This section applies if— (a) a person is employed under section 65; and (b) the person was a public service officer immediately before being employed under section 65. The person keeps all rights and entitlements accrued or accruing to the person as a public service officer as if service as an employee under section 65 were a continuation of service as a public service officer. Examples of rights and entitlements— long service, recreation and sick leave Tenure as public service officer on ending of particular employment contracts d) (2) (3) This section applies if— (a) a person is employed on contract under section 65; and (b) the contract— (i) _ is terminated other than by disciplinary action; or (ii) expires and is not renewed or replaced by another contract of employment under section 65; and (c) immediately before the person was first employed under the contract, the person was employed as a public service officer. The person becomes a public service officer employed on the same terms and conditions that applied to the person before being employed on a contract under section 65. Without limiting subsection (2), the person is to be employed— Noe Om ND Nn FW 11 13 15 1719 21 232629 Gold Coast Waterways Authority Bill 2012 Part 10 Miscellaneous provisions [s 68] (a) at the classification level at which the person would have been employed if the person had continued in employment as a public service officer; and (b) on the remuneration to which the person would have been entitled if the person had continued in employment as a public service officer. Part 10 Miscellaneous provisions Request for information from prospective appointees (1) This section applies if a person is being considered for appointment as an appointed member or the chief executive officer. (2) The Minister may ask the person to give the Minister a written statement stating— (a) whether or not the person is a disqualified person; and (b) whether or not the person, or any close relative of the person, has an interest that, if the appointment is made, conflicts or may conflict with the proper performance of the person's functions under the appointment. (3) The person must not give the Minister a statement under subsection (2) that the person knows is false or misleading in a material particular. Maximum penalty—100 penalty units. (4) A complaint against a person for an offence against subsection (3) is sufficient if it states that the statement or the information was false or misleading to the person's knowledge, without specifying whether it was false or whether it was misleading. Page 39 Dunk WnNne 11 13 1618 202426 Gold Coast Waterways Authority Bill 2012 Part 10 Miscellaneous provisions [s 69] Page 40 Disclosure of disqualification by appointees If an appointed member or the chief executive officer is or becomes a disqualified person, that person must, as soon as practicable, give the Minister notice of that fact. Maximum penalty—100 penalty units. Disclosure of conflicts of interest by appointees d) (2) (3) This section applies if— (a) a member, or a close relative of a member, has an interest that conflicts or may conflict with the proper performance of the member's functions; or (b) the chief executive officer, or a close relative of the chief executive officer, has an interest that conflicts or may conflict with the proper performance of the chief executive officer's functions. The member or chief executive officer must, as soon as practicable, disclose the interest to— (a) if the matter is being considered or about to be considered by the board—the board; or (b) otherwise—the Minister. Maximum penalty—100 penalty units. If a member has disclosed an interest relating to a matter being considered or about to be considered by the board, the member must not participate in the board's consideration of the matter. Maximum penalty—100 penalty units. Review of Gold Coast Waterways Authority's operations d) As soon as practicable after the end of each 3 years of the authority's operation, the Minister must review the operation of the authority (each a three-yearly review). an BWN on NW 1214 16 18 20 2224 28 Gold Coast Waterways Authority Bill 2012 Part 11 Repeals [s 72] (2) The first three-yearly review must be undertaken as soon as practicable after the day that is 3 years after the commencement of this section. (3) Each three-yearly review must include a review of— (a) the way, and the extent to which, the authority has performed its functions; and (b) whether the functions of the authority remain appropriate for giving effect to the purposes of this Act. 72 Regulation-making power The Governor in Council may make regulations under this Act. Part 11 Repeals 73 Repeals The following Acts are repealed— ° Australian Shipping Commission Authorization Act 1977, No. 57 ° Brisbane River Tidal Lands Improvement Act 1927, 18 Geo 5 No. 20. Part 12 Transitional provisions 74 Definition for pt 12 In this part— commencement means the commencement of this section. Page 41 CN AN BRB WNeE 11 14 16 18 21 Gold Coast Waterways Authority Bill 2012 Part 12 Transitional provisions [s 75] Page 42 Waterways management strategy d) (2) The authority is not required to develop a waterways management strategy under section 16(1) until 1 December 2013. The Minister may not direct the authority under section 16(3) to prepare a new waterways management strategy until after 30 November 2013. Waterways management program d) (2) Section 19 does not apply for the financial year that starts on 1 July 2012 and ends on 30 June 2013. To the extent that a waterways management plan relates to a period occurring before 1 December 2013, the program need not include the matters required under section 19(2)(a) or (c). Marina owner levy d) (2) (3) Section 42 does not apply to the owner of a marina in relation to an annual levy for the 2012 calendar year if, before the commencement, the owner paid the levy to the chief executive under the Transport Infrastructure (Gold Coast Waterways) Management Plan 2000, section 23. Subsection (3) applies if— (a) before the commencement, the chief executive gave the owner of a marina a written notice of an annual levy under the Transport Infrastructure (Gold Coast Waterways) Management Plan 2000, section 23(2); and (b) on the commencement, the levy has not been paid to the chief executive. On the commencement— (a) the notice is taken to have been given to the marina owner by the authority under section 42(2); and (b) _ the annual levy the subject of the notice is taken to be an annual levy payable to the authority under section 42. NYDN PWN 1216182224 26 29 31 (4) (5) Gold Coast Waterways Authority Bill 2012 Part 12 Transitional provisions [s 78] An annual levy mentioned in subsection (3)(b) stops being payable to the authority if the levy is paid to the chief executive. In this section— chief executive means the chief executive of the department in which the Transport Infrastructure Act 1994 is administered. marina see section 42(4). owner see section 42(4). Transfer of particular State assets and liabilities to Gold Coast Waterways Authority d) (2) (3) (4) The Minister may prepare a register of the assets and liabilities of the State that are to be transferred to the authority for the purposes of this Act. The register has no effect unless it is approved under a regulation. When the register takes effect— (a) _ the State is divested of the assets and liabilities and they become assets and liabilities of the authority; and (b) proceedings by or against the State, or that could have been started by or against the State before the register takes effect, relating to the assets or liabilities may be continued or started by or against the authority. This section does not limit or otherwise affect sections 78(2)(b) or 80(2)(b). Registration of transferred assets d) (2) The registrar of titles or another person responsible for keeping a register for dealings about relevant assets must, on written application by the authority, and on payment of any fee, record a transfer of an asset that, under section 78(3)(a), becomes an asset of the authority. In this section— Page 43 oN AWN B&B WNHe 1215 18 2022 24 2729 Gold Coast Waterways Authority Bill 2012 Part 12 Transitional provisions [s 80] registrar of titles means a public official or authority responsible for registering title to land and dealings affecting land. 80 Novation of particular State contracts to Gold Coast Waterways Authority (1) This section applies to a contract prescribed under a regulation— (a) in force immediately before the commencement; and (b) to which the State is a party; and (c) _ that relates to the performance of a function by or for the State that will, from the commencement, be a function of the authority; and (d) _ that is not a contract of employment. (2) On the commencement, the following apply despite any provision of the contract— (a) (b) (c) (d) the authority is taken to be a party to the contract instead of the State; the authority assumes the State's liabilities and rights under the contract; a reference in the contract to the State is taken to be a reference to the authority; changes to the contract that are necessary for, or incidental to, the matters in paragraphs (a) to (c) are taken to have been made. (3) Subsection (2), or any thing done under it, does not— (a) (b) Page 44 discharge or otherwise affect the contract or the performance of the contract by another party to it; or fulfil a condition allowing a person to terminate the contract or be released, wholly or partly, from the contract or a liability under it. WNe onan Wns 1115 17 19 21 2327 29 (4) (5) (6) 7) Gold Coast Waterways Authority Bill 2012 Part 12 Transitional provisions [s 80] If the advice or consent of, or giving notice to, a person would be necessary to give effect to any matter under subsection (2)— (a) the advice is taken to have been obtained; and (b) _ the consent or notice is taken to have been given. To remove any doubt, it is declared that— (a) a State is a party to a contract entered into by an entity that is a manifestation of, or that represents, the State (a State entity), either for the State or in the entity's own right; and Examples of manifestations of the State— ¢ the department responsible for the administration of the Transport Infrastructure Act 1994, the Transport Operations (Marine Safety) Act 1994 and the Transport Operations (Marine Pollution) Act 1995 ¢ Maritime Safety Queensland established under the Maritime Safety Queensland Act 2002 (b) a reference in a contract to the performance of a function by or for the State includes a reference to performance of that function by or for a State entity; and (c) a liability that, under a contract, is expressed to be a liability of a State entity is a liability of the State under that contract; and (d) aright that, under a contract, is expressed to be a right of a State entity is a right of the State under that contract; and (e) a reference in a contract to a named State entity is a reference to the State. For subsection (1)(c), a contract relating to the performance of a function by or for the State includes a contract under which a guarantee, indemnity or other form of surety is given for the performance of the function by or for the State. In this section— Page 45 COAN DWN FF WNe ee rr oO RR RR MBWN Re ea) Noe laa ome <} NNN WN Re NNN Duns NN on WWwWwnry NRO} uo ww Gold Coast Waterways Authority Bill 2012 Part 13 Amendment of Acts [s 81] contract includes a deed or other instrument under which a guarantee, indemnity or other form of surety is given in favour of the State, whether or not for consideration. Part 13 Amendment of Acts Division 1 Amendment of this Act 81 Act amended This division amends this Act. 82 Amendment of long title Long title, from ', and to amend'— omit. Division 2 Public Service Act 2008 83 Act amended This division amends the Public Service Act 2008. 84 Amendment of sch 1 (Public service offices and their heads) Schedule 1— insert— "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 ww 13 15 17 Gold Coast Waterways Authority Bill 2012 Part 13 Amendment of Acts [s 85] Division 3 Transport Infrastructure Act 1994 85 Act amended This division amends the Transport Infrastructure Act 1994. 86 Amendment of s 461 (Management by chief executive) d) '(D) (1A) (2) Section 461(1)— omit, insert— This section applies to a public marine facility, other than a facility in, or on land adjacent to, Gold Coast waters, if, apart from this section, there is no current manager of the facility. The chief executive is taken to be the manager of the public marine facility until the chief executive or someone else is appointed as the manager under section 459.'. Section 461(1A) to (3)— renumber as section 461(2) to (4). 87 Insertion of new s 461A After section 461— insert— '461A Management by Gold Coast Waterways Authority 'D (2) "3) This section applies to a public marine facility in, or on land adjacent to, Gold Coast waters if, apart from this section, there is no current manager of the facility. The Gold Coast Waterways Authority is taken to be the manager of the public marine facility until a person is appointed as the manager of the facility under section 459. If the Gold Coast Waterways Authority is the manager of a public marine facility, the authority— (a) has any powers, conferred under a regulation, to limit or prohibit the use of the facility; and Page 47 Om NN 1114 1618 202326 28 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 anything the authority considers necessary or convenient, for the facility's effective and efficient management. '(4) This section does not limit a power the Gold Coast Waterways Authority has apart from this section.'. 88 Amendment of s 464 (Management by another person) Section 464, after 'chief executive, — insert— 'the Gold Coast Waterways Authority, '. 89 Amendment of s 466 (Fees) Section 466(4)(a) and (5), after 'chief executive' — insert— 'or Gold Coast Waterways Authority'. 90 Replacement of ch 15, pt 2, hdg (Management of waterways) Chapter 15, part 2, heading— omit, insert— 'Part 2 Authorised persons for waterway management regulation'. 91 Replacement of ch 15, pt 2, divs 1 and 2 Chapter 15, part 2, divisions 1 and 2— omit, insert— 'Division 1 Preliminary Page 48 Dun BWNR ll1316 1821 23 Gold Coast Waterways Authority Bill 2012 Part 13 Amendment of Acts [s 92] '470 Purpose of pt 2 '471 'D (2) 3) This part recognises that particular waterways require a system of regulation to balance demands on the use, by water traffic, of the waterways and associated infrastructure. The object of this part is to promote the overall effective and efficient use of waterways for transport by ensuring there are suitably qualified persons to implement, monitor and enforce compliance with a waterway management regulation. To achieve this object, this part includes provision for the appointment of authorised persons for a waterway management regulation, and gives authorised persons particular powers. Meaning of waterway management regulation 'A waterway management regulation is a regulation made under this Act that relates to a matter mentioned in schedule 1, part 2.'. Replacement of ch 15, pt 2, div 3, hdg (Authorised persons for waterway transport management plans) Chapter 15, part 2, division 3, heading— omit, insert— 'Division 3 Appointment of authorised persons'. Renumbering of ch 15, pt 2, divs 3 and 4 Chapter 15, part 2, divisions 3 and 4— renumber as chapter 15, part 2, divisions 2 and 3. Insertion of new s 472 Chapter 15, part 2, division 2, as renumbered— insert— Page 49 CIAMW BWHN \o 111518 20 22 24 27 Gold Coast Waterways Authority Bill 2012 Part 13 Amendment of Acts [s 95] '472 Functions of authorised persons 'An authorised person has the following functions— (a) to investigate, monitor and enforce compliance with a waterway management regulation; (b) _ to investigate or monitor whether an occasion has arisen for the exercise of powers under a _ waterway management regulation or this part; (c) to facilitate the exercise of powers under a waterway management regulation or this part.'. 95 Amendment of s 475A (Authorised persons) d) (2) (3) "(2A) (4) (5) Page 50 Section 475A(1), 'for a waterway transport management plan' — omit. Section 475A(1)(b), after 'between the chief executive' — insert— 'or the Gold Coast Waterways Authority'. Section 475A— insert— The Gold Coast Waterways Authority may appoint an employee of the authority as an authorised person.'. Section 475A(3), 'only if the chief executive' — omit, insert— ' , and the Gold Coast Waterways Authority may appoint a person under subsection (3), only if the chief executive or the authority'. Section 475A(2A) to (4)— renumber as section 475A(3) to (5). Om NDN PW NY 12 141618 20 22 2427 Gold Coast Waterways Authority Bill 2012 Part 13 Amendment of Acts [s 96] 96 Amendment of s 475B (Appointment conditions and limit on powers) (1) Section 475B(1)(b), after 'chief executive' — insert— 'or Gold Coast Waterways Authority'. (2) Section 475B(2)— omit, insert— '(2) The powers of an authorised person are limited as follows— (a) if the authorised person is appointed by the chief executive under section 475A(2)—the person's powers do not apply in relation to Gold Coast waters; (b) if the authorised person is appointed by the Gold Coast Waterways Authority under section 475A(3)—the person's powers apply only in relation to Gold Coast waters. '(3) Also, an authorised person's powers under this Act may be limited by the person's instrument of appointment, a signed notice given to the person or a regulation.'. 97 Amendment of s 475C (Issue of identity card to each authorised person) (1) Section 475C(1), after 'chief executive' — insert— 'or Gold Coast Waterways Authority'. (2) Section 457C(2) and (3), 'transport management plan'— omit, insert— 'management regulation'. 98 Amendment of s 475D (Production or display of identity card) Section 475D(1), 'division' — Page 51 amrAI HN FW NRE 11 1315 1720 222426 28 Gold Coast Waterways Authority Bill 2012 Part 13 Amendment of Acts [s 99] Page 52 omit, insert— Amendment of s 475F (Resignation) Section 475F, after 'chief executive' — insert— 'or Gold Coast Waterways Authority'. Amendment of s 475G (Return of identity card) Section 475G, after 'chief executive' — insert— 'or Gold Coast Waterways Authority'. Amendment of s 475L (Issue of warrant) Section 475L(1)(a), 'transport management plan' — omit, insert— 'management regulation'. Amendment of s 475P (Notice of intention to remove watercraft) Section 475P(1) and (2), 'transport management plan'— omit, insert— 'management regulation'. Amendment of s 475Q (Removing illegally anchored or moored watercraft) Section 475Q(1)(b) and (2), 'transport management plan'— omit, insert— 'management regulation'. nH nr BW N on ll1316 1821 23 Gold Coast Waterways Authority Bill 2012 Part 13 Amendment of Acts [s 104] 104 Amendment of s 475R (Removal of hazardous watercraft) Section 475R(1)(a) and (2), 'transport management plan'— omit, insert— 'management regulation'. 105 Amendment of s 475S (Giving notice of removal of watercraft) (1) Section 475S(1)— omit, insert— '(1)_ If a watercraft is removed under section 475Q or 475R, the watercraft's owner must be given written notice of the place where the watercraft has been taken by— (a) if the watercraft was removed from Gold Coast waters—the Gold Coast Waterways Authority; or (b) otherwise—the chief executive.'. (2) Section 475S(2), after 'chief executive' — insert— 'or Gold Coast Waterways Authority'. 106 Amendment of s 475T (Dealing with removed watercraft) Section 475T(1)(a) and (2), after 'the chief executive'— insert— 'or Gold Coast Waterways Authority'. 107 Amendment of s 475U (Proceeds from the sale of removed watercraft) Section 475U(1)(a), after 'the chief executive' — insert— 'or Gold Coast Waterways Authority'. Page 53 BW N Ke on an 11 13 1517 1921 23 25 Gold Coast Waterways Authority Bill 2012 Part 13 Amendment of Acts [s 108] 108 Amendment of s 475W (Dealing with forfeited sample or thing) Section 475W, after 'the chief executive'— insert— 'or the Gold Coast Waterways Authority'. 109 Amendment of s 475X (Direction to stop contravening plan) (1) Section 475X, heading, 'plan'— omit, insert— 'regulation'. (2) Section 475X(1), 'transport management plan' — omit, insert— 'management regulation'. (3) Section 475X(1), 'the plan'— omit, insert— 'the regulation'. 110 Amendment of s 475Y (Power to require name and address) Section 475Y(1)(a) and (b), 'transport management plan' — omit, insert— 'management regulation'. 111. Amendment of s 476 (Amounts payable to chief executive are debts owing to the State) (1) Section 476, heading, 'to chief executive'— omit. (2) Section 476, after 'the chief executive' — Page 54 an & WNRe Co mWOnND 11131518 2023 25 Gold Coast Waterways Authority Bill 2012 Part 13 Amendment of Acts [s 112] insert— 'or the Gold Coast Waterways Authority'. 112 Amendment of s 480 (Disposal of fees, penalties etc.) Section 480(6)(b) and (10), definition declared amount, paragraph (c), 'schedule 1, item 21'— omit, insert— 'schedule 1, part 1, item 21'. 113. Amendment of sch 1 (Subject matter for regulations) (1) Schedule 1, before item 1— 'Part 1 (2) 'Part 2 insert— Subject matter for regulations generally'. Schedule 1, after item 26— insert— regu regu wate regu Subject matter for waterway management regulation ating the mooring and anchoring of watercraft ating the types of water traffic that may use certain rs or certain marine infrastructure ating when, and for how long, watercraft may remain at a place or locality regu regu ating living on board watercraft ating recreational activities involving the use of waterways or watercraft, for example, private or commercial skiing, use of personal watercraft, diving, parasailing and sailing Page 55 ND WB W N Oo wo 1214 16 19 21 2426 Gold Coast Waterways Authority Bill 2012 Part 13 Amendment of Acts [s 114] nuisances caused by the use of watercraft or persons on board watercraft or by cargo or things associated with the use of watercraft or waterways infrastructure the issue of directions by authorised persons protection of public marine transport infrastructure and recovery of expenses incurred as a result of a contravention of a requirement of a regulation from a person contravening it'. 114 Omission of sch 2 (Subject matter for waterway transport management plans) Schedule 2— omit. 115 Amendment of sch 6 (Dictionary) d) (2) (3) (4) Page 56 Schedule 6, definition waterway transport management plan— omit. Schedule 6— insert— 'Gold Coast waters see the Gold Coast Waterways Authority Act 2012, section 7(1). Gold Coast Waterways Authority means the Gold Coast Waterways Authority established under the Gold Coast Waterways Authority Act 2012. waterway management regulation see section 471.'. ' Schedule 6, definition occupier, first mention, after 'a watercraft,' — insert— 'for chapter 15, part 2, division 3,'. Schedule 6, definition place, 'division 4'— omit, insert— NAW B&B wne Neoie e) 11 14 1619 2125 2729 Gold Coast Waterways Authority Bill 2012 Part 13 Amendment of Acts [s 116] 'division 3'. Division 4 Transport Operations (Marine Pollution) Act 1995 116 Act amended This division amends the Transport Operations (Marine Pollution) Act 1995. 117 Amendment of s 66 (Reception facilities) (1) Section 66(1)— omit, insert— '(1)_ This section applies to the provision of reception facilities— (a) under regulation 38 of Annex I, regulation 18 of Annex II and regulation 7 of Annex V to MARPOL; or (b) under part 7. '(1A) The general manager may provide, join with someone else in providing, arrange for the provision of, or direct the providing of the reception facilities. '(1B) Without limiting subsection (2), the Gold Coast Waterways Authority may also provide, join with someone else in providing, arrange for the provision of, or direct the providing of the reception facilities for Gold Coast waters.' . (2) Section 66(2), all words before paragraph (a)— omit, insert— 'The general manager or the Gold Coast Waterways Authority may give a notice under subsection (5) to—'. (3) Section 66(4)(b), after 'general manager' — insert— 'or on behalf of the Gold Coast Waterways Authority'. Page 57 NWN 12 151820 22 24 26 Gold Coast Waterways Authority Bill 2012 Part 13 Amendment of Acts [s 118] (4) Section 66(7), *(5)'— omit, insert— "(7). (5) Section 66(8), '(7)' — omit, insert— "9). (6) Section 66(1A) to (9)— renumber as section 66(2) to (11). 118 Amendment of s 72 (Appointment of authorised officers) (1) Section 72(1)— insert— '(bb) employees of the Gold Coast Waterways Authority;'. (2) Section 72(1)(ba) to (c)— renumber as section 72(1)(c) to (e). 119 Amendment of s 111 (Definitions for part) Section 111, definition discharge expenses, after paragraph (b)— insert— "Note— A discharge expense incurred or paid by the State includes a cost or expense incurred, action taken or amount paid by the Gold Coast Waterways Authority. This includes a cost or expense incurred, action taken or an amount paid by an employee of the Gold Coast Waterways Authority who is an authorised officer under this Act. The Gold Coast Waterways Authority Act 2012, section 9(2) provides that the Gold Coast Waterways Authority represents the State.'. Page 58 CI DWN KR wWNH YE 111317 21232527 Gold Coast Waterways Authority Bill 2012 Part 13 Amendment of Acts [s 120] 120 Amendment of schedule (Dictionary) (1) Schedule— insert— 'Gold Coast waters see the Gold Coast Waterways Authority Act 2012, section 7(1). Gold Coast Waterways Authority means the Gold Coast Waterways Authority established under the Gold Coast Waterways Authority Act 2012.'. (2) Schedule, definition notice offence, second dot point, "66(5)'— omit, insert— '66(7)'. Division 5 Transport Operations (Marine Safety) Act 1994 121. Act amended This division amends the Transport Operations (Marine Safety) Act 1994. 122 Amendment of s 18A (Exempting of person or ship from regulatory provision) Section 18A(1), after '206A'— insert— 'or 206AA'. 123 _— Insertion of new s 77A After section 77— insert— Page 59 CAD NWR WN Ee \o 1114 17 19 2124 Gold Coast Waterways Authority Bill 2012 Part 13 Amendment of Acts [s 124] '77A Harbour master to consult with Gold Coast Waterways Authority '(1)_ Before a harbour master exercises a power that may affect the functions of the Gold Coast Waterways Authority, the harbour master must consult with the Gold Coast Waterways Authority to the extent reasonably practicable. '(2) Failure to comply with subsection (1) does not affect the validity of the exercise of the power.'. 124 Insertion of new s 105A After section 105— insert— '105A Gold Coast Waterways Authority may set up aid to navigation '(1) Without limiting section 105, the Gold Coast Waterways Authority may set up an aid to navigation in Gold Coast waters— (a) inor near a pilotage area; and (b) in any other place where the authority considers the aid to navigation is desirable to ensure the safety of people or ships or other property. '(2) The Gold Coast Waterways Authority may enter into agreements for setting up an aid to navigation. '(3) This section does not limit other powers that the Gold Coast Waterways Authority has to set up aids to navigation.'. 125 Amendment of s 157 (Appointment of shipping inspectors) (1) Section 157(1)— insert— '(bb) employees of the Gold Coast Waterways Authority;'. (2) Section 157(1)(ba) to (d)— Page 60 CAI ANB W NE 11 13 151922 24 26 2830 Gold Coast Waterways Authority Bill 2012 Part 13 Amendment of Acts [s 126] renumber as section 157(1)(c) to (f). Amendment of s 203B (Internal review of decisions) d) (2) '3) (3) Section 203B(1)— insert— '(aa) if the original decision was made by a shipping inspector who is an employee of the Gold Coast Waterways Authority—the Gold Coast Waterways Authority;'. Section 203B(3)— omit, insert— For applying the Transport Planning and Coordination Act 1994, part 5, division 2 to a person other than the chief executive, a reference to the chief executive in that division, including, for example, sections 33 and 34 of that Act, is taken to be a reference to— (a) if the original decision was made by the general manager or a delegate of the general manager—the general manager; or (b) if the original decision was made by a shipping inspector who is an employee of the Gold Coast Waterways Authority—the Gold Coast Waterways Authority.'. Section 203B(1)(aa) and (b)— renumber as section 203B(1)(b) and (c). Amendment of s 203C (External review of decisions) Section 203C(3), definition chief executive— omit, insert— 'chief executive means— (a) if the reviewed decision is made by the general manager—the general manager; or Page 61 OO OANDMN FW WV — So RR RRR nABWN re RRR onan NNWYNYe NRO"! NY NY KO 2628 30 Gold Coast Waterways Authority Bill 2012 Part 13 Amendment of Acts [s 128] (b) if the reviewed decision is made by the Gold Coast Waterways Authority—the Gold Coast Waterways Authority.'. Amendment of s 206A (General manager's power to fix speed limits for ships) (1) Section 206A(1), after 'for ships' — insert— *, other than speed limits for ships for Gold Coast waters, '. (2) Section 206A— insert— '(9) The general manager must publish on MSQ's website information about all of the speed limits for ships, other than speed limits for ships for Gold Coast waters, including speed limits for ships fixed by the general manager and by regulation.'. Insertion of new s 206AA After section 206A— insert— '206AA Gold Coast Waterways Authority's power to fix speed Page 62 limits for ships "(1) The Gold Coast Waterways Authority may, for Gold Coast waters, fix speed limits for ships by gazette notice. '(2) The gazette notice is not subordinate legislation. '(3) A person must not operate a ship at a speed of more than a speed limit fixed under this section. Maximum penalty—200 penalty units. '(4) The Gold Coast Waterways Authority may erect or mark, at a place in waters for which a speed limit is fixed under subsection (1) or adjacent to the waters, a sign (a speed sign) stating the speed limit for the waters. ww Co mWmnNn DNs 12141720 22 25 2830 "S) (6) D (8) Gold Coast Waterways Authority Bill 2012 Part 13 Amendment of Acts [s 130] A speed sign may be an official traffic sign except that the speed indicated by the number on the sign is the speed in knots. This section does not prevent a regulation making provision about speed limits. If there is an inconsistency between a regulation and a gazette notice, the regulation prevails to the extent of the inconsistency. The Gold Coast Waterways Authority must publish on the authority's website information about all of the speed limits for ships for Gold Coast waters, including speed limits fixed by the authority and by regulation.'. 130 Amendment of s 218 (Other matters for regulations) Section 218(3), (4) and (5), after 'general manager' — insert— *, the Gold Coast Waterways Authority'. 131 Insertion of new pt 19, div 5 After section 245— insert— 'Division 5 Provision for Gold Coast Waterways Authority Act 2012 '246 Fixing of speed limits for ships for Gold Coast waters 'D (2) This section applies if, immediately before the commencement of the Gold Coast Waterways Authority Act 2012, section 129, a speed limit was fixed under section 206A for ships for Gold Coast waters. The speed limit is taken to have been fixed by the Gold Coast Waterways Authority under section 206AA.'. Page 63 CAD NFP WNR \o 111416 1821 2426 28 Gold Coast Waterways Authority Bill 2012 Part 13 Amendment of Acts [s 132] Amendment of schedule (Dictionary) Schedule— insert— 'Gold Coast waters see the Gold Coast Waterways Authority Act 2012, section 7(1). Gold Coast Waterways Authority means the Gold Coast Waterways Authority established under the Gold Coast Waterways Authority Act 2012.'. Division 6 Transport Operations (Road Use Page 64 Management) Act 1995 Act amended This division amends the Transport Operations (Road Use Management) Act 1995. Amendment of sch 4 (Dictionary) d) (2) Schedule 4, definitions bicycle and motor vehicle— omit. Schedule 4— insert— 'bicycle— (a) means a vehicle with 2 or more wheels that is built to be propelled by human power through a belt, chain or gears, whether or not it has 1 or more auxiliary motors; and (b) _ includes the following— (i) a pedicab; (ii) a penny-farthing; (ili) a tricycle; CAD NWR WN Ee 13 151719 2123 2527 (c) Gold Coast Waterways Authority Bill 2012 Part 13 Amendment of Acts [s 134] (iv) a power-assisted bicycle; but does not include the following— (i) a wheelchair; (ii) a wheeled recreational device; (iii) a wheeled toy; (iv) any vehicle with 1 or more auxiliary motors, other than a power-assisted bicycle. motor vehicle means a vehicle propelled by a motor that forms part of the vehicle, and— (a) (b) includes a trailer attached to the vehicle; but does not include a motorised scooter or a power-assisted bicycle. power-assisted bicycle— (a) (b) means a vehicle— (i) described in paragraph (a) of the definition bicycle, if the vehicle has 1 or more auxiliary motors; and (ii) prescribed under a_ regulation to be a power-assisted bicycle; but does not include a vehicle mentioned in paragraph (a)(i) prescribed under a regulation not to be a power-assisted bicycle.'. Page 65 Com ND WN FP WN — So ao Ne - RW ella nun oailand on NNY ro) Gold Coast Waterways Authority Bill 2012 Schedule 1 Schedule 1 Page 66 Gold Coast waters section 7 Area near the mouth of Currumbin Creek For section 7(1)(b), the area near the mouth of Currumbin Creek is the area within the following boundary— (a) (b) (c) (d) starting at the point on the boundary of the Gold Coast City local government area that is latitude 28°07.598' south, longitude 153°28.791' east (the starting point); to latitude 28°07.393' south, longitude 153°28.972' east; to the point on the boundary of the Gold Coast City local government area that is latitude 28°07.476' south, longitude 153°29.219' east; along the boundary of the Gold Coast City local government area to the starting point. Area near the Gold Coast Seaway For section 7(1)(c), the area near the Gold Coast Seaway is the area within the following boundary— (a) (b) (c) (d) (e) (f) starting at the point where the boundary of the Gold Coast City local government area intersects the high water mark on the south side of the northern breakwater of the Gold Coast Seaway (the starting point); along the high water mark to the easterly tip of the northern wall of the Gold Coast Seaway; to latitude 27°55.90' south, longitude 153°27.06' east; to latitude 27°56.10' south, longitude 153°27.06' east; to the eastern tip of the southern wall of the Gold Coast Seaway; along the high water mark of the northern side of the southern breakwater to the point where the high water COND NF W \o 1114 17 1921 23 25 27 29 Gold Coast Waterways Authority Bill 2012 Schedule 1 mark intersects the boundary of the Gold Coast City local government area; (g) along the boundary of the Gold Coast City local government area to the starting point. 3 Area near the mouth of Tallebudgera Creek For section 7(1)(d), the area near the mouth of Tallebudgera Creek is the area within the following boundary— (a) (b) (c) (d) starting at the point on the boundary of the Gold Coast City local government area that is latitude 28°05.425' south, longitude 153°27.580' east (the starting point); to latitude 28°05.584' south, longitude 153°27.879' east; to the point on the boundary of the Gold Coast City local government area that is latitude 28°05.898' south, longitude 153°27.713' east; along the boundary of the Gold Coast City local government area to the starting point. Page 67 BW NR Om ANN 11 1316 Gold Coast Waterways Authority Bill 2012 Schedule 2 Schedule 2 Dictionary Page 68 section 6 abandoned property, for part 5, division 3, see section 27. appointed member, of the board, see section 44(a) and (c). appropriately qualified, in relation to a function, includes having the qualifications, experience or standing to perform the function. authority means the Gold Coast Waterways Authority. board means the Gold Coast Waterways Authority Board. chief executive officer means the authority's chief executive officer appointed under section 60(1). commencement, for part 12, see section 74. contravening property, for part 5, division 3, see section 27. disqualified person means any of the following— (a) a party to a contract (a relevant contract) with the authority relating to the Gold Coast waterways; (b) a person who, under the Corporations Act, is a related entity of a body corporate that is a party to a relevant contract; (c) an employee of a party to a relevant contract, unless the party is the Gold Coast City Council; (d) a member of the Legislative Assembly or of a parliament of the Commonwealth or another State; (e) acouncillor of a local government; (f) a person who has been convicted of an indictable offence; (g) a person who is or has been an insolvent under administration under the Corporations Act, section 9; worAnaAN fF WwW 11 1316 1821 23 26 28 Gold Coast Waterways Authority Bill 2012 Schedule 2 (h) a person who is disqualified from managing corporations under the Corporations Act, part 2D.6. functions includes powers. Gold Coast City local government area means the local government area of the Gold Coast City Council. Gold Coast waters see section 7(1). Gold Coast waterways see section 7(2). insufficient value, for part 5, division 3, see section 27. member, of the board, see section 44. Ministerial direction see section 36(1)(a). original decision, for part 5, division 4, see section 33. property, for part 5, division 3, see section 27. public marine facility see the Transport Infrastructure Act 1994, schedule 6. reviewed decision, for part 5, division 4, see section 33. watercraft see the Transport Infrastructure Act 1994, schedule 6. Examples of watercraft— a ship, a boat, a jet ski water traffic see the Transport Infrastructure Act 1994, schedule 6. waterways management program see section 19(1). waterways management strategy see section 15(1). waterways notice see section 22. © State of Queensland 2012 Page 69 oO mrnNn DU WwW Ne SS Se NF oO pe BW ee Nn RR on ree \o ow NW re oO NY NN RW nN