Sunshine Coast Waterways Authority (Consequential Amendments) Regulation 2026


Queensland Crest

Part 1 Preliminary

1Short title

This regulation may be cited as the Sunshine Coast Waterways Authority (Consequential Amendments) Regulation 2026.

2Commencement

(1)Parts 2, 3, 4, 6 and 9 commence on 1 July 2026.
(2)The following provisions commence on 30 November 2026—
(a)part 5;
(b)part 7, division 3;
(c)part 8, division 3.

3Regulation amended

This part amends the Coastal Protection and Management Regulation 2017.

4Amendment of s 15 (Tidal works that are prescribed tidal works—Act, s 167)

(1)Section 15(2)(b)(ii), from ‘the Gold Coast Waterways Authority’—
omit, insert—

a port authority, a port operator, a waterways authority or the transport department;

(2)Section 15(3), definition Queensland transport
omit.
(3)Section 15(3)—
insert—

transport department means the department in which the Transport Operations (Marine Safety) Act 1994 is administered.

5Amendment of sch 3 (Code for assessable development that is prescribed tidal works)

Schedule 3, section 2, definition water allocation area, ‘the Gold Coast Waterways Authority’—
omit, insert—

a waterways authority

6Amendment of sch 4 (Dictionary)

Schedule 4
insert—

Sunshine Coast Waterways Authority means the Sunshine Coast Waterways Authority established under the Sunshine Coast Waterways Authority Act 2026.
waterways authority means—
(a)the Gold Coast Waterways Authority; or
(b)the Sunshine Coast Waterways Authority.

7Regulation amended

This part amends the Industrial Relations Regulation 2018.

8Amendment of sch 5 (Employers declared not to be national system employers)

(1)Schedule 5, part 3
insert—
3ASunshine Coast Waterways Authority established under the Sunshine Coast Waterways Authority Act 2026
(2)Schedule 5, part 3, items 3A to 6—
renumber as schedule 5, part 3, items 4 to 7.

Part 4 Amendment of Integrity Regulation 2024

9Regulation amended

This part amends the Integrity Regulation 2024.

10Amendment of sch 1 (Statutory office holders)

Schedule 1
insert—

Sunshine Coast Waterways Authority Act 2026

the chief executive officer of the Sunshine Coast Waterways Authority

Part 5 Amendment of Planning Regulation 2017

11Regulation amended

This part amends the Planning Regulation 2017.

12Amendment of sch 10 (Development assessment)

(1)Schedule 10, part 17, division 3, table 2, item 1, column 2, after ‘the Gold Coast Waterways Authority’—
insert—

or the Sunshine Coast Waterways Authority

(2)Schedule 10, part 17, division 3, table 2, item 1, column 2, paragraph (a), after ‘Gold Coast waters’—
insert—

or Sunshine Coast waterways

(3)Schedule 10, part 17, division 3
insert—

Table 3A—Assessable development under s 28 in Sunshine Coast waterways

Column 1

Column 2

1  Development application requiring referral

Development application for operational work that is assessable development under section 28, other than work for government supported transport infrastructure, if the work is carried out in Sunshine Coast waterways and is—

 

(a)  tidal works; or
 

(b)  disposing of dredge spoil or other solid waste material in tidal water; or
 

(c)  reclaiming land under tidal water; or
 

(d)  constructing a canal, if the canal relates to reconfiguring a lot

2  Referral agency

The Sunshine Coast Waterways Authority

3  Limitations on referral agency’s powers

4  Matters referral agency’s assessment must be against

The purposes of the Sunshine Coast Waterways Authority Act 2026

5  Matters referral agency’s assessment must have regard to

6  Matters referral agency’s assessment may be against

7  Matters referral agency’s assessment may have regard to

8  Fee for referral

Nil

13Amendment of sch 24 (Dictionary)

Schedule 24—
insert—
Sunshine Coast waterways see the Sunshine Coast Waterways Authority Act 2026, section 7.
Sunshine Coast Waterways Authority means the Sunshine Coast Waterways Authority established under the Sunshine Coast Waterways Authority Act 2026.

14Notice amended

This part amends the Superannuation (State Public Sector) Notice 2021.

15Amendment of sch 2 (Membership by particular employees of particular units of the State public sector)

Schedule 2, part 1
insert—

Sunshine Coast Waterways Authority

A non-casual employee

SDBC
AC

 
 

A casual employee

AC

 

Division 1 Preliminary

16Regulation amended

This part amends the Transport Infrastructure (Public Marine Facilities) Regulation 2023.

Division 2 Amendment commencing on notification

17Amendment of sch 1 (Appointment of manager of public marine facility)

Schedule 1, entry for Sunshine Coast Regional Council, second column, entry for boat ramp at Outrigger Park—
omit, insert—

boat ramp at Outrigger Park, Brisbane Road, Minyama shown as facility LB79 on Plan No. L-1-263-7

floating walkway at Outrigger Park, Brisbane Road, Minyama shown as facility LB78 on Plan No. L-1-263-7

Division 3 Amendments commencing on 30 November 2026

18Amendment of s 5 (Appointment of manager)

Section 5(1), note 1, ‘sections 461, 461A and 519’—
omit, insert—

sections 461, 461A, 461B, 519 and 590

19Amendment of s 6 (Application of division)

Section 6
insert—

Note—

See also section 122.

20Amendment of s 7 (Use of public marine facilities)

Section 7
insert—
(3)However, subsections (1)(c)(ii) and (2) do not apply in relation to the manager of the Mooloolaba State managed boat harbour if the manager is the Sunshine Coast Waterways Authority.

21Amendment of s 21 (Application of part)

Section 21(1), after ‘chief executive’—
insert—

or the Sunshine Coast Waterways Authority

22Amendment of s 22 (Control of State managed boat harbours by regulatory notice)

(1)Section 22(1)—
omit, insert—
(1)The manager of a State managed boat harbour may display, or give to a person, a notice (a regulatory notice) to control access to, or the use of, the State managed boat harbour.

Note—

See part 8 for requirements about regulatory notices.
(2)Section 22(2), from ‘chief executive may’ to ‘chief executive reasonably’—
omit, insert—

manager of a State managed boat harbour may display, or give to a person, a notice (also a regulatory notice) to control activities or conduct in the State managed boat harbour if the manager

(3)Section 22(3), ‘chief executive’—
omit, insert—

manager of a State managed boat harbour

23Amendment of s 23 (Directions by authorised officers)

Section 23(1), after ‘department’—
insert—

or the Sunshine Coast Waterways Authority

24Insertion of new s 24A

After section 24—
insert—

24AReferences to manager of State managed boat harbour for boat harbour approvals

In this part, a reference to the manager of a State managed boat harbour is a reference to the manager of the State managed boat harbour stated in, or to be stated in, the approval.

25Amendment of s 25 (Making applications)

Section 25, ‘chief executive’—
omit, insert—

manager of a State managed boat harbour

26Amendment of s 26 (Restrictions on grant)

(1)Section 26(1) to (3)—
omit, insert—
(1)The manager of a State managed boat harbour must not grant a mooring approval in relation to land in a State managed boat harbour over which a person, other than the chief executive or the manager, has a tenure.
(2)The manager of a State managed boat harbour must not grant a fish receival service approval for a place in a State managed boat harbour over which a person, other than the chief executive or the manager, has a tenure unless the proposed holder of the approval holds the tenure.
(3)The manager of a State managed boat harbour must not grant a fuelling service approval for a service that is proposed to be operated at a place in a State managed boat harbour over which a person, other than the chief executive or the manager, has a tenure unless the proposed holder of the approval holds the tenure.
(2)Section 26(4), ‘chief executive’—
omit, insert—

manager of a State managed boat harbour

27Amendment of s 27 (Request for further information)

(1)Section 27(1), from ‘chief executive may’ to ‘chief executive reasonably’—
omit, insert—

manager of the State managed boat harbour may, by written notice given to the applicant, ask for further information the manager reasonably

(2)Section 27(2)(b), (c) and (3), ‘chief executive’—
omit, insert—

manager

28Amendment of s 28 (Deciding applications)

(1)Section 28(1), ‘chief executive’—
omit, insert—

manager of the State managed boat harbour

(2)Section 28(2) and (3), ‘chief executive’—
omit, insert—

manager

29Amendment of s 29 (Notice of decision)

(1)Section 29(1), ‘chief executive’—
omit, insert—

manager of the State managed boat harbour

(2)Section 29(2) and (3), ‘chief executive’—
omit, insert—

manager

30Amendment of s 31 (Minor amendments)

Section 31(1), ‘chief executive’—
omit, insert—

manager of a State managed boat harbour

31Amendment of s 32 (Applications to amend boat harbour approvals)

Section 32, ‘chief executive’—
omit, insert—

manager of the State managed boat harbour

32Amendment of s 33 (Request for further information)

(1)Section 33(1), from ‘chief executive may’ to ‘chief executive reasonably’—
omit, insert—

manager of the State managed boat harbour may, by written notice given to the holder, ask for further information the manager reasonably

(2)Section 33(2)(b), (c) and (3), ‘chief executive’—
omit, insert—

manager

33Amendment of s 34 (Deciding applications)

(1)Section 34(1), ‘The chief executive’—
omit, insert—

The manager of the State managed boat harbour

(2)Section 34(2) and (3), ‘chief executive’—
omit, insert—

manager

34Amendment of pt 5, div 5, hdg (Amending, suspending or cancelling boat harbour approvals by chief executive)

Part 5, division 5, heading, ‘by chief executive’—
omit.

35Amendment of s 38 (Show cause notices)

(1)Section 38(1), from ‘If the chief executive’ to ‘chief executive may’—
omit, insert—

If the manager of a State managed boat harbour considers a ground exists to amend, suspend or cancel a boat harbour approval (the proposed action), the manager may

(2)Section 38(2)(f) and (4), ‘chief executive’—
omit, insert—

manager

36Amendment of s 39 (Representations about show cause notices)

(1)Section 39(1), ‘chief executive’—
omit, insert—

manager of the State managed boat harbour

(2)Section 39(2), ‘chief executive’—
omit, insert—

manager

37Amendment of s 40 (Ending show cause process without further action)

Section 40, from ‘made to’ to ‘must’—
omit, insert—

made to the manager of the State managed boat harbour within the show cause period, the manager no longer considers a ground exists to take the proposed action, the manager must

38Amendment of s 41 (Decision on proposed action)

(1)Section 41(1), from ‘chief executive still’ to ‘chief executive may’—
omit, insert—

manager of the State managed boat harbour still considers a ground exists to take the proposed action, the manager may

(2)Section 41(1)(a)(ii), (b)(ii), (c)(iii) and (2), ‘chief executive’—
omit, insert—

manager

39Amendment of s 42 (Surrender)

(1)Section 42(1), ‘chief executive’—
omit, insert—

manager of the State managed boat harbour

(2)Section 42(2)(a), ‘chief executive’—
omit, insert—

manager

40Amendment of s 43 (Definitions for division)

Section 43, definition contravening property, paragraph (a), ‘chief executive’—
omit, insert—

manager of a State managed boat harbour

41Amendment of s 44 (Moving contravening property)

Section 44(1)(b)(ii), after ‘department’—
insert—

or the Sunshine Coast Waterways Authority

42Amendment of s 45 (Definitions for division)

(1)Section 45, definition abandoned property, from ‘chief executive’ to ‘State managed boat harbour’—
omit, insert—

manager of a State managed boat harbour reasonably believes has been abandoned in the State managed boat harbour

(2)Section 45. definition detention notice, paragraph (e), ‘chief executive’—
omit, insert—

manager of the State managed boat harbour

43Amendment of s 45A

After section 45—
insert—

45AReferences to manager of State managed boat harbour in relation to abandoned property

In this division, a reference to the manager of a State managed boat harbour is a reference to the manager of the State managed boat harbour in which the abandoned property was found.

44Amendment of s 46 (Application of subdivision)

Section 46(b), ‘chief executive’—
omit, insert—

manager of the State managed boat harbour

45Amendment of s 47 (Reasonable steps must be taken to find owner)

(1)Section 47(1), ‘The chief executive’—
omit, insert—

The manager of the State managed boat harbour

(2)Section 47(1)(b), (2) and (3), ‘chief executive’—
omit, insert—

manager

(3)Section 47(3)(b), ‘department’s website’—
omit, insert—

relevant website

(4)Section 47—
insert—
(4)In this section—
relevant website means—
(a)if the manager of the State managed boat harbour is the chief executive—the department’s website; or
(b)if the manager of the State managed boat harbour is the Sunshine Coast Waterways Authority—the Sunshine Coast Waterways Authority’s website.

46Amendment of s 48 (Claiming abandoned property)

(1)Section 48(1)(a), ‘chief executive’—
omit, insert—

manager of the State managed boat harbour

(2)Section 48(1)(b) and (2), ‘chief executive’—
omit, insert—

manager

47Amendment of s 49 (If abandoned property is not claimed)

Section 49, ‘chief executive’—
omit, insert—

manager of the State managed boat harbour

48Amendment of s 50 (Application of proceeds of sale of abandoned property)

(1)Section 50(1), ‘chief executive’—
omit, insert—

manager of the State managed boat harbour

(2)Section 50(1)(a), (b) and (c), ‘chief executive’—
omit, insert—

manager

49Amendment of s 51 (Disposal of abandoned property of insufficient value)

Section 51(1)—
omit, insert—
(1)The manager of the State managed boat harbour may dispose of abandoned property that is of insufficient value in the way the manager considers appropriate.

50Amendment of s 52 (Sale or disposal of perishable abandoned property)

(1)Section 52(1), from ‘chief executive may’ to ‘chief executive to’—
omit, insert—

manager of the State managed boat harbour may sell or dispose of abandoned property that is perishable if it would be impracticable for the manager to

(2)Section 52(2), ‘chief executive’—
omit, insert—

manager

51Insertion of new s 52A

Before section 53—
insert—

52ADefinition for division

In this division—
appointing entity, for an authorised officer, means—
(a)if the person is appointed as an authorised officer under section 54(1)—the chief executive; or
(b)if the person is appointed as an authorised officer under section 54(2)—the Sunshine Coast Waterways Authority.

52Replacement of s 54 (Appointment)

Section 54
omit, insert—

54Appointment

(1)The chief executive may, by instrument in writing, appoint an appropriately qualified public service officer employed in the department as an authorised officer for this regulation.
(2)The Sunshine Coast Waterways Authority may, by instrument in writing, appoint an appropriately qualified public service officer employed in the authority as an authorised officer for this regulation.

53Amendment of s 55 (Appointment conditions and limit on powers)

(1)Section 55—
insert—
(1A)The powers of an authorised officer appointed by the Sunshine Coast Waterways Authority apply only in relation to Sunshine Coast waterways.
(2)Section 55(2), ‘The’—
omit, insert—

Also, the

(3)Section 55(3), definition signed notice, ‘chief executive’—
insert—

appointing entity for the authorised officer

(4)Section 55(1A) to (3)—
renumber as section 55(2) to (4).

54Amendment of s 57 (Resignation)

Section 57, ‘chief executive’—
insert—

appointing entity for the authorised officer

55Amendment of s 58 (Issue of identity card)

Section 58(1)—
omit, insert—
(1)The appointing entity for an authorised officer must issue an identity card to the authorised officer.

56Amendment of s 60 (Return of identity card)

Section 60, ‘chief executive’—
insert—

appointing entity for the authorised officer

57Amendment of s 82 (Display of regulatory notices)

(1)Section 82(3), ‘chief executive’—
omit, insert—

appropriate authority

(2)Section 82—
insert—
(4)In this section—
appropriate authority, for display of a regulatory notice, means—
(a)if the regulatory notice is displayed under section 11—the chief executive; or
(b)if the regulatory notice is displayed under section 22—the manager of the State managed boat harbour to which the notice relates.

58Amendment of s 83 (Regulatory notice may refer to documents held by chief executive)

(1)Section 83, heading, ‘held by chief executive’—
omit.
(2)Section 83(1), ‘chief executive’—
omit, insert—

manager of the State managed boat harbour

(3)Section 83(3), (4)(b)(ii) and (5), ‘department’—
insert—

manager

59Amendment of s 85 (Anchoring ship in State managed boat harbour)

Section 85(2), definition State managed boat harbour, after ‘chief executive’—
insert—

or the Sunshine Coast Waterways Authority

60Amendment of s 89 (Mooring ship in State managed boat harbour)

Section 89(2), definition State managed boat harbour, after ‘chief executive’—
insert—

or the Sunshine Coast Waterways Authority

61Amendment of s 91 (Mooring ship at pile or buoy mooring in State managed boat harbour)

Section 91(2), definition State managed boat harbour, after ‘chief executive’—
insert—

or the Sunshine Coast Waterways Authority

62Amendment of s 94 (Internal and external review of decisions)

(1)Section 94(1)—
insert—
(c)if the decision was made by the Sunshine Coast Waterways Authority—a reference to the chief executive were a reference to the Sunshine Coast Waterways Authority.
(2)Section 94(2), definition original decision, ‘chief executive’—
omit, insert—

manager of a State managed boat harbour

63Amendment of s 95 (Fees in State managed boat harbours—Act, s 466)

(1)Section 95(1), from ‘chief executive’—
omit, insert—

manager of a State managed boat harbour for the use of the State managed boat harbour.

(2)Section 95(3), after ‘chief executive’—
insert—

or the Sunshine Coast Waterways Authority

64Amendment of s 97 (Application for payment arrangement)

Section 97(1), ‘chief executive’—
omit, insert—

manager of the State managed boat harbour stated in the approval (the relevant manager)

65Amendment of s 98 (Request for further information)

(1)Section 98(1), from ‘chief executive may’ to ‘chief executive reasonably’—
omit, insert—

relevant manager may, by written notice given to the holder, ask for further information the manager reasonably

(2)Section 98(2)(c) and (3), ‘chief executive’—
omit, insert—

manager

66Amendment of s 99 (Deciding applications)

(1)Section 99(1), ‘chief executive’—
omit, insert—

relevant manager

(2)Section 99(2), (3), (4) and (5), ‘chief executive’—
omit, insert—

manager

67Insertion of new pt 12, div 1, hdg

Before section 100
insert—

Division 1 Transitional provisions for 2023 SL No. 110

68Insertion of new pt 12, div 2

Part 12—
insert—

Division 2 Transitional provisions for Sunshine Coast Waterways Authority (Consequential Amendments) Regulation 2026

115Definitions for division

In this division—
former, in relation to a provision of this regulation, means the provision as in force immediately before the commencement.
new, in relation to a provision of this regulation, means the provision as in force from the commencement.

116Regulatory notices for Mooloolaba State managed boat harbour

(1)This section applies if—
(a)before the commencement the chief executive displayed or gave a person a notice under former section 22 in relation to the Mooloolaba State managed boat harbour; and
(b)immediately before the commencement the notice was still in effect.
(2)From the commencement—
(a)the notice is taken to have been displayed or given by the Sunshine Coast Waterways Authority; and
(b)a reference in the notice to the chief executive is taken to be a reference to the Sunshine Coast Waterways Authority.

117Applications for boat harbour approvals for Mooloolaba State managed boat harbour

(1)This section applies to the following applications in relation to the Mooloolaba State managed boat harbour that were made but not decided before the commencement—
(a)an application for a boat harbour approval;
(b)an application to amend a boat harbour approval;
(c)an application for a payment arrangement in relation to a boat harbour approval.
(2)The application, accompanied by the relevant fee, is taken to have been made to the Sunshine Coast Waterways Authority immediately after the commencement.

118Boat harbour approvals for Mooloolaba State managed boat harbour subject to show cause process

(1)This section applies if—
(a)before the commencement—
(i)a boat harbour approval was granted for the Mooloolaba State managed boat harbour; and
(ii)the holder of the approval had been given a show cause notice; and
(b)immediately before the commencement—
(i)the boat harbour approval was still in effect; and
(ii)the holder of the approval had not been given a notice under former section 40 or 41.
(2)From the commencement the show cause notice is taken to have been given by the Sunshine Coast Waterways Authority as the manager of the Mooloolaba State managed boat harbour.

119Property abandoned in Mooloolaba State managed boat harbour before commencement

(1)This section applies in relation to relevant abandoned property that was abandoned, but not claimed, sold or disposed of before the commencement.
(2)From the commencement, new sections 46 to 52 apply in relation to the property.
(3)Anything done in relation to the property by the chief executive before the commencement under former sections 46 to 52 is taken to have been done by the Sunshine Coast Waterways Authority in relation to the property under new sections 46 to 52.
(4)From the commencement, a detention notice for the abandoned property published on the department’s website is taken to have been published on the Sunshine Coast Waterways Authority’s website.
(5)In this section—
relevant abandoned property means property the chief executive reasonably believed had been abandoned in the Mooloolaba State managed boat harbour.

120Existing internal reviews in relation to Mooloolaba State managed boat harbour

(1)This section applies if, before the commencement—
(a)the chief executive made an original decision on an application in relation to the Mooloolaba State managed boat harbour; and
(b)an application for internal review under section 485 of the Act was made but not decided.
(2)The original decision is taken to have been made by the Sunshine Coast Waterways Authority on the commencement.
(3)The application for internal review is taken to have been made to the Sunshine Coast Waterways Authority immediately after the commencement.
(4)If the chief executive had established a review panel under the Transport Planning and Coordination Act 1994, section 33—
(a)the panel established by the chief executive must stop reviewing the decision; and
(b)a review panel may be established by the Sunshine Coast Waterways Authority.

121Right of internal review of particular original decisions preserved

(1)This section applies if—
(a)the chief executive made an original decision on an application in relation to the Mooloolaba State managed boat harbour 28 days or less before the commencement; and
(b)immediately before the commencement an application for internal review had not been made.
(2)The original decision is taken to have been made by the Sunshine Coast Waterways Authority on the commencement and new section 94 applies in relation to the original decision.

122Conditions applying to manager of Mooloolaba State managed boat harbour

From the commencement, new sections 7 and 9 apply to the appointment of the Sunshine Coast Waterways Authority as the manager of the Mooloolaba State managed boat harbour under section 590(3) of the Act.

69Amendment of sch 1 (Appointment of manager of public marine facility)

(1)Schedule 1, entry for chief executive, second column, ‘Mooloolaba State managed boat harbour’—
omit.
(2)Schedule 1—
insert—

Sunshine Coast Waterways Authority

Mooloolaba State managed boat harbour

70Amendment of sch 4 (Dictionary)

(1)Schedule 4, definitions insufficient value and State managed boat harbour
omit.
(2)Schedule 4—
insert—

appointing entity, for an authorised officer, for part 7, division 1, see section 52A.
insufficient value, in relation to property, means—
(a)no value; or
(b)if sold by the manager of a State managed boat harbour, a value that is not likely to return sufficient proceeds of sale to cover the total of the following amounts—
(i)the expenses reasonably incurred by the manager in selling the property;
(ii)the expenses reasonably incurred by the manager in dealing with the property under part 6;
(iii)the charges, interest and other expenses owing to the manager in relation to selling or dealing with the property under part 6.
relevant manager see section 97(1).
State managed boat harbour
1A State managed boat harbour is—
(a)an authority managed boat harbour; or
(b)a chief executive managed boat harbour.
2For paragraph 1(a), an authority managed boat harbour is the Mooloolaba State managed boat harbour that is a public marine facility managed by the Sunshine Coast Waterways Authority.
3For paragraph 1(b), a chief executive managed boat harbour is each of the following boat harbours that is a public marine facility managed by the chief executive—
(a)Bowen State managed boat harbour;
(b)Cabbage Tree Creek State managed boat harbour;
(c)Manly State managed boat harbour;
(d)Rosslyn Bay State managed boat harbour;
(e)Scarborough State managed boat harbour;
(f)Snapper Creek State managed boat harbour;
(g)Urangan State managed boat harbour.

(3)Schedule 4, definition leased land, after ‘chief executive’—
insert—

or the Sunshine Coast Waterways Authority

Division 1 Preliminary

71Regulation amended

This part amends the Transport Infrastructure (Waterways Management) Regulation 2012.

Division 2 Amendments commencing on notification

72Amendment of s 17 (Take off and landing approval)

Section 17, note, ‘(Approvals)’—
omit.

73Amendment of s 30 (Gold Coast Waterways Authority Act 2012, ss 36 and 37 apply for review of decisions made by Authority)

(1)Section 30, heading, from ‘ss 36 and 37’—
omit, insert—

ss 34 and 35 apply for review of decisions made by Gold Coast Waterways Authority

(2)Section 30, from ‘sections 36 and 37’ to ‘Authority’—
omit, insert—

sections 34 and 35 apply to the following decisions made by the Gold Coast Waterways Authority

Division 3 Amendments commencing on 30 November 2026

74Amendment of s 12 (Living on board approval—regulated waters mentioned in s 11)

(1)Section 12, ‘chief executive’—
omit, insert—

administering agency

(2)Section 12, note, ‘(Approvals)’—
omit.

75Amendment of s 15 (Watercraft works approval)

(1)Section 15, ‘chief executive’—
omit, insert—

administering agency

(2)Section 15, note, ‘(Approvals)’—
omit.

76Insertion of new s 30A

After section 30
insert—

30AApplication of Act, ss 485 and 485A for review of decisions made by Sunshine Coast Waterways Authority

(1)Sections 485 and 485A of the Act apply to a decision made by the Sunshine Coast Waterways Authority as if—
(a)the decision were a decision mentioned in schedule 3 of the Act; and
(b)QCAT were stated opposite the decision in that schedule; and
(c)a reference in sections 485 or 485A of the Act or the Transport Planning and Coordination Act 1994, part 5, division 2 to the chief executive were a reference to the Sunshine Coast Waterways Authority.
(2)In this section—
decision, made by the Sunshine Coast Waterways Authority, means—
(a)a decision to grant an approval on conditions; or
(b)a decision to refuse an application for an approval; or
(c)a decision to amend, suspend or cancel an approval.

77Insertion of new pt 9, div 3

Part 9
insert—

Division 3 Transitional provisions for Sunshine Coast Waterways Authority (Consequential Amendments) Regulation 2026

39Definitions for division

In this division—
activity does not include taking off or landing an aircraft.
former, in relation to a provision of this regulation, means the provision as in force immediately before the commencement.
new, in relation to a provision of this regulation, means the provision as in force from the commencement.

40Existing approvals for Sunshine Coast waters

(1)This section applies in relation to an approval for an activity in Sunshine Coast waters that is in effect immediately before the commencement.
(2)The approval is taken to have been issued or renewed by the Sunshine Coast Waterways Authority.

41Applications for approvals for activities for Sunshine Coast waters

(1)This section applies if—
(a)a person applied for an approval, or a renewal of an approval, for an activity for Sunshine Coast waters; and
(b)immediately before the commencement, the application had not been decided.
(2)The application is taken to have been made to the Sunshine Coast Waterways Authority immediately after the commencement.

42Internal review of decisions of chief executive

(1)This section applies if—
(a)the chief executive made a decision in relation to an approval for an activity under former section 22, 25 or 26; and
(b)an application for review of the decision under section 485 of the Act, as applied by former section 29, was made but not decided before the commencement.
(2)The decision is taken to have been made by the Sunshine Coast Waterways Authority on the commencement.
(3)The application for internal review is taken to have been made to the Sunshine Coast Waterways Authority immediately after the commencement.
(4)If the chief executive had established a review panel under the Transport Planning and Coordination Act 1994, section 33—
(a)the panel established by the chief executive must stop reviewing the decision; and
(b)a review panel may be established by the Sunshine Coast Waterways Authority.

43Right of internal review preserved

(1)This section applies if—
(a)the chief executive made a decision in relation to an approval for an activity, under former section 22, 25 or 26, 28 days or less before the commencement; and
(b)immediately before the commencement, an application for internal review had not been made.
(2)The decision is taken to have been made by the Sunshine Coast Waterways Authority on the commencement and new section 30A applies in relation to the decision.

44Review of decisions of chief executive to QCAT

(1)This section applies if—
(a)the chief executive made a decision in relation to an approval for an activity under former section 22, 25 or 26; and
(b)a person applied for a review of the decision under section 485A of the Act, as applied by former section 29; and
(c)immediately before the commencement, the review had not been decided.
(2)QCAT may continue to hear, and decide, the review under former section 29 as if the Sunshine Coast Waterways Authority (Consequential Amendments) Regulation 2026 had not been made.

78Amendment of sch 4 (Dictionary)

(1)Schedule 4, definition administering agency, Authority and prescribed review information
omit.
(2)Schedule 4
insert—
administering agency means—
(a)for regulated waters that are Gold Coast waters—the Gold Coast Waterways Authority; or
(b)for regulated waters that are Sunshine Coast waters—the Sunshine Coast Waterways Authority; or
(c)for a take off or landing approval for regulated waters that are Sunshine Coast waters—the chief executive.
Gold Coast Waterways Authority means the Gold Coast Waterways Authority established under the Gold Coast Waterways Authority Act 2012.
prescribed review information, for a decision for an administering agency, means information that a person to whom a notice about the decision is given under section 22(3) or (4), 25(4) or 26(1) may—
(a)for a decision made by the chief executive—
(i)ask for the decision to be reviewed by the chief executive under section 485 of the Act, as applied under section 29; and
(ii)ask for the chief executive’s decision on the review (the reviewed decision) to be reviewed by QCAT under section 485A of the Act, as applied under section 29; and
(b)for a decision made by the Gold Coast Waterways Authority—
(i)ask for the decision to be reviewed by the Gold Coast Waterways Authority under the Gold Coast Waterways Authority Act 2012, section 34, as applied under section 30; and
(ii)ask for the Gold Coast Waterways Authority’s decision on the review (also the reviewed decision) to be reviewed by QCAT under the Gold Coast Waterways Authority Act 2012, section 35, as applied under section 30; and
(c)for a decision made by the Sunshine Coast Waterways Authority—
(i)ask for the decision to be reviewed by the Sunshine Coast Waterways Authority under section 485 of the Act, as applied under section 30A; and
(ii)ask for the Sunshine Coast Waterways Authority’s decision on the review (also the reviewed decision) to be reviewed by QCAT under section 485A of the Act, as applied under section 30A; and
(d)apply to QCAT for the decision to be stayed under the Transport Planning and Coordination Act 1994, part 5, division 2; and
(e)apply for a reviewed decision under paragraph (a)(ii), (b)(ii) or (c)(ii) to be stayed under the QCAT Act.
Sunshine Coast Waterways Authority means the Sunshine Coast Waterways Authority established under the Sunshine Coast Waterways Authority Act 2026.

79Regulation amended

This part amends the Transport Planning and Coordination Regulation 2017.

80Amendment of s 10C (Definitions for division)

(1)Section 10C, definition prescribed agency
insert—
(ea)the Sunshine Coast Waterways Authority established under the Sunshine Coast Waterways Authority Act 2026;
(2)Section 10C, definition prescribed agency, paragraphs (ea) to (h)—
renumber as paragraphs (f) to (i).

81Amendment of s 13 (Transport Acts—Act, sch 1)

(1)Section 13
insert—

(ka)the Sunshine Coast Waterways Authority Act 2026;

(2)Section 13(ka) to (u)—
renumber as section 13(l) to (v).