Tweed River Entrance Sand Bypassing Project Agreement Act 1998

An Act to provide for the carrying out of agreements between Queensland and New South Wales for a project to bypass sand around the entrance of the Tweed River for the benefit of southern Gold Coast beaches and to improve the navigability of the entrance

1Short title

This Act may be cited as the Tweed River Entrance Sand Bypassing Project Agreement Act 1998.

2Definitions

In this Act—

agreements means the agreements contained in the heads of agreement and the deed of agreement.

deed of agreement means the deed of agreement made on 2 March 1995, as amended by a deed of further agreement made on 16 September 1997, a copy of which is in schedule 1.

heads of agreement means the heads of agreement made on 31 March 1994, a copy of which is in schedule 2.

project means the Tweed River Entrance Sand Bypassing Project to be carried out under the agreements.

3Act applies to all persons

This Act applies to all persons including the State and, so far as the legislative power of the State permits, the Commonwealth and the other States.

4Purpose of Act

(1)The purpose of this Act is to provide for the carrying out of the agreements.

(2)The agreements provide for a sand bypassing project to improve and continuously maintain—

(a)the amenity of the southern Gold Coast beaches; and

(b)the navigability of the Tweed River entrance.

5Ratification of agreements

The agreements are ratified.

Editor’s note—

See the deed of agreement, clause 6.1.

6Implementation of agreements

The agreements may be carried into effect despite the provisions of any other Act or law.

7No injunctive relief

A person may not bring a proceeding for an injunction arising from an act done, or omission made, in connection with carrying out the project.

8Minister’s powers

To remove any doubt, it is declared that the Minister’s powers to enter into a contract or carry out a commercial activity include powers to do so on behalf of New South Wales or as a joint party.

Editor’s note—

For provisions about the State’s powers generally, see the Acts Interpretation Act 1954, part 12 (The Executive Government of the State).

9Financial contribution by Gold Coast City Council

(1)The Gold Coast City Council is liable to pay one-half of the State’s share of the shared project costs.

(2)The council must pay an amount for which it is liable under subsection (1) in the way, and at the time, required by the chief executive by written notice.

section 2, definition deed of agreement

Editor’s note—

Consistent with the provisions of the Act, this schedule only contains the proposed agreement authorised to be entered into by the Act as originally enacted. It does not purport to be either the agreement actually entered into or that agreement as amended from time to time.

section 2, definition heads of agreement