Transport Infrastructure (Public Marine Facilities) Regulation 2023

1Short title

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

2Commencement

(1)This regulation, other than part 13, divisions 1 and 4, commences on 1 September 2023.

(2)Part 13, division 1 commences on the commencement of the Justice and Other Legislation Amendment Act 2023, section 10.

(3)Part 13, division 4 commences on 31 August 2023 at the end of the day.

3Definitions

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

4References to plan

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

5Appointment of manager

(1)For section 459(1) of the Act, a person mentioned in schedule 1 is appointed as the manager of the public marine facility stated opposite the person in the schedule.

Notes—

1See also sections 461, 461A and 519 of the Act about persons taken to be the manager of a public marine facility.

2See also section 101 in relation to the appointment of particular persons.

(2)If 2 or more persons are appointed as the manager of a public marine facility under schedule 1, the persons are appointed as joint managers of the facility.

6Application of division

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

7Use of public marine facilities

(1)The manager of a public marine facility must allow the facility to be used only in the following ways—

(a)by the public, at all times and free of charge, for genuinely private or recreational boating unless the manager has a reasonable excuse;

(b)for the purpose of investigating and responding to an emergency;

Examples for paragraph (b)—

•saving human life

•locating, or securing the safety of, an aircraft or vessel

(c)for another purpose, including, for example, a commercial purpose, with—

(i)the manager’s written approval; and

(ii)the written consent of the chief executive.

Examples for paragraph (c)—

•leaving a ship unattended at a public marine facility for the purpose of responding to potential emergencies

•disembarking passengers from a charter boat

(2)The chief executive may give written consent under subsection (1)(c)(ii) only if the chief executive is satisfied the purpose for which the consent is being given will not unreasonably disrupt the use of the public marine facility for genuinely private or recreational boating.

8Fees for moorings

(1)The manager of a non-State managed boat harbour must pay to the chief executive the fee stated in schedule 2 for each mooring located in the boat harbour.

(2)A fee payable under subsection (1) must be paid to the chief executive no later than 3 months after each due date.

9Responsibilities

(1)The manager of a public marine facility is responsible for all aspects of managing the facility unless otherwise agreed to by the chief executive, including, for example, the following—

(a)replacing buoy moorings, pile moorings and dinghy racks in the facility;

(b)maintaining roads, parking areas, amenities and gardens in the facility;

(c)maintenance dredging in the facility other than dredging of channels to landings and boat ramps.

(2)However, the manager of a public marine facility is not responsible for replacing the facility if the facility is—

(a)a boat ramp; or

(b)a breakwater; or

(c)a landing; or

(d)a navigational aid; or

(e)a revetment wall.

10Application of division

This division applies if the chief executive is the manager of a public marine facility that is a boat ramp or landing.

11Control of boat ramps and landings by regulatory notice

(1)The chief executive may display, or give to a person, a notice (a regulatory notice) to control access to, or the use of, the boat ramp or landing.

Note—

See part 8 for requirements about regulatory notices.

(2)Without limiting subsection (1), the chief executive may display, or give to a person, a notice (also a regulatory notice) to control activities or conduct on the boat ramp or landing—

(a)to maintain or improve the safe, secure or efficient operation of the boat ramp or landing; or

(b)to maintain or improve the convenience of users of the boat ramp or landing; or

(c)to prevent damage to the environment at the boat ramp or landing.

(3)A person must comply with a regulatory notice under subsection (1) or (2).

Maximum penalty—30 penalty units.

12Directions by authorised officers

(1)An authorised officer may give a direction to a person at the boat ramp or landing if the authorised officer reasonably believes it is necessary to give the direction to ensure the safety and security of the boat ramp or landing, users of the boat ramp or landing or employees of the department.

Examples of directions that may be given for subsection (1)—

•a direction to limit or prohibit the use of the boat ramp or landing

•a direction to control the movement or mooring of, or activities on or by, a ship

•a direction to control the movement, handling or storage of goods that are loaded, waiting to be loaded, unloaded or being transhipped

•a direction to control the movement of persons

•a direction to control the movement, parking or stopping of vehicles

(2)When giving the direction, the authorised officer must give the person an offence warning for the direction.

(3)The person must comply with the direction unless the person has a reasonable excuse.

Maximum penalty—30 penalty units.

(4)A person may not be convicted of an offence against subsection (3) if the person is not given an offence warning for the direction under subsection (2).

13Application of division

This division applies in relation to a boat ramp or landing that is a public marine facility.

14Driving or parking vehicles on boat ramps

A person must not drive or park a vehicle on a boat ramp unless the person is using the vehicle to launch or retrieve a ship.

Maximum penalty—20 penalty units.

15Launching or retrieving ships at boat ramps

A person launching or retrieving a ship at a boat ramp must do so as quickly as is reasonably possible.

Maximum penalty—20 penalty units.

16Obstructing person’s use of boat ramps or landings

A person must not obstruct another person’s use of a boat ramp or landing.

Maximum penalty—20 penalty units.

17Anchoring, mooring or placing ships near boat ramps or landings

A person must not anchor, moor or place a ship in water near a boat ramp or landing if the ship is likely to obstruct another person’s use of the boat ramp or landing.

Maximum penalty—20 penalty units.

18Maintenance or repairs to ships on boat ramps

A person must not carry out maintenance or repairs to a ship on a boat ramp.

Maximum penalty—20 penalty units.

19Maintenance or repairs to ships near boat ramps or landings

A person must not carry out maintenance or repairs to a ship in water near a boat ramp or landing unless the person has a reasonable excuse.

Maximum penalty—20 penalty units.

20Driving or parking vehicles on boat ramps or landings

(1)A person must not drive or park a vehicle on a boat ramp if the mass of the vehicle and its load is more than—

(a)5 tonne; or

(b)if the manager of the boat ramp displays on or near the boat ramp a notice approved by the chief executive and displaying a greater mass—the greater mass.

Maximum penalty—30 penalty units.

(2)A person must not drive or park a vehicle on a landing.

Maximum penalty—20 penalty units.

(3)However, a person does not contravene subsection (2) if—

(a)the manager of the landing displays on or near the landing a notice that—

(i)is approved by the chief executive; and

(ii)authorises the driving or parking of a vehicle on the landing for a purpose mentioned in paragraph (b); and

(iii)states the maximum mass of the vehicle and its load that may be driven or parked on the landing; and

(b)the vehicle is driven or parked on the landing only to take goods or passengers to, or pick up goods or passengers from, a ship moored at the landing; and

(c)the person complies with the notice.

(4)A person must not drive or park a vehicle on a boat ramp or landing unless the vehicle is fitted with pneumatic or rubber tyres.

Maximum penalty—20 penalty units.

(5)In this section—

load, in relation to a vehicle, includes a trailer being towed by the vehicle and the trailer’s load.

21Application of part

(1)This part applies in relation to a State managed boat harbour other than to the extent the boat harbour includes land over which a person, other than the chief executive, has a tenure.

(2)The provisions of this part are in addition to the provisions of part 3 for a boat ramp or landing that is a public marine facility in a State managed boat harbour.

22Control of State managed boat harbours by regulatory notice

(1)The chief executive may display, or give to a person, a notice (also a regulatory notice) to control access to, or the use of, a State managed boat harbour.

Note—

See part 8 for requirements about regulatory notices.

(2)Without limiting subsection (1), the chief executive may display, or give to a person, a notice (also a regulatory notice) to control activities or conduct in a State managed boat harbour if the chief executive reasonably believes displaying or giving the regulatory notice is necessary—

(a)to maintain or improve the safe, secure or efficient operation of the boat harbour; or

(b)to maintain or improve the convenience of users of the boat harbour; or

(c)to prevent damage to the environment in the boat harbour.

(3)Without limiting subsection (2), a regulatory notice displayed or given by the chief executive under that subsection may—

(a)control the movement or mooring of, or activities on or by, a ship; or

(b)control the movement, handling or storage of goods that are loaded, waiting to be loaded, unloaded or being transhipped; or

(c)control the movement of persons; or

(d)control the movement, parking or stopping of vehicles.

Examples for paragraph (d)—

•fixing a maximum speed limit

•indicating a pedestrian crossing

•indicating a place where driving, parking or stopping of vehicles is restricted or prohibited

(4)A person must comply with a regulatory notice under subsection (1) or (2).

Maximum penalty—30 penalty units.

23Directions by authorised officers

(1)An authorised officer may give a direction to a person in a State managed boat harbour if the authorised officer reasonably believes it is necessary to give the direction to ensure the safety and security of the boat harbour, users of the boat harbour or employees of the department.

Examples of directions that may be given for subsection (1)—

•a direction to limit or prohibit the use of a boat ramp or landing in a State managed boat harbour

•a direction to control the movement or mooring of, or activities on or by, a ship

•a direction to control the movement, handling or storage of goods that are loaded, waiting to be loaded, unloaded or being transhipped

•a direction to control the movement of persons

•a direction to control the movement, parking or stopping of vehicles

(2)When giving the direction, the authorised officer must give the person an offence warning for the direction.

(3)The person must comply with the direction unless the person has a reasonable excuse.

Maximum penalty—30 penalty units.

(4)A person may not be convicted of an offence against subsection (3) if the person is not given an offence warning for the direction under subsection (2).

24Types of boat harbour approvals

(1)This regulation provides for the following 4 types of boat harbour approvals—

(a)a fish receival service approval;

(b)a fuelling service approval;

(c)a mooring approval;

(d)a transport service approval.

(2)A fish receival service approval authorises the holder of the approval—

(a)to operate a service to receive fish into a fixed or mobile facility at a place in a State managed boat harbour stated in the approval; and

Example of a mobile facility—

a refrigerated van or truck

(b)if the approval is in relation to a fixed facility at the place—to permit another person to operate a service to receive fish into the facility at the place.

(3)A fuelling service approval authorises the holder of the approval to operate a service to dispense fuel to a ship in a State managed boat harbour stated in the approval.

(4)A mooring approval authorises the holder of the approval to moor a ship stated in the approval in a State managed boat harbour stated in the approval.

(5)A transport service approval authorises the holder of the approval to operate a commercial ship stated in the approval in a State managed boat harbour stated in the approval to provide a transport service in the course of carrying on a business.

25Making applications

A person may apply, in the approved form, to the chief executive for a boat harbour approval.

Note—

See section 96 for when the fees payable in relation to a boat harbour approval must be paid.

26Restrictions on grant

(1)The chief executive 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, has a tenure.

(2)The chief executive 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, has a tenure unless the proposed holder of the approval holds the tenure.

(3)The chief executive 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, has a tenure unless the proposed holder of the approval holds the tenure.

(4)The chief executive must not grant a transport service approval for the Mooloolaba State managed boat harbour.

27Request for further information

(1)Before deciding an application for a boat harbour approval, the chief executive may, by written notice given to the applicant, ask for further information the chief executive reasonably needs to decide the application.

(2)The written notice must state—

(a)the information required; and

(b)the time, no earlier than 28 days after the day the notice is given, by which the information is required to be given to the chief executive; and

(c)that the chief executive may cancel the application if the applicant does not comply with the notice.

(3)If the applicant does not comply with the written notice, the chief executive may give the applicant a written notice cancelling the application.

(4)The cancellation takes effect on the later of the following days—

(a)the day written notice of the cancellation is given to the applicant;

(b)if a later day is stated in the written notice—the later day.

28Deciding applications

(1)The chief executive must consider an application for a boat harbour approval and decide—

(a)to grant the approval with or without conditions; or

(b)to refuse to grant the approval.

(2)The chief executive may grant the boat harbour approval only if—

(a)the chief executive is satisfied the applicant is a suitable person to hold the approval; and

(b)the chief executive is not restricted from granting the approval under section 26.

(3)Without limiting subsection (2)(a), in deciding whether the applicant is a suitable person to hold the boat harbour approval, the chief executive may have regard to whether the applicant has a conviction, other than a spent conviction, for—

(a)an indictable offence; or

(b)an offence against this regulation; or

(c)an offence against the domestic commercial vessel national law; or

(d)an offence against the Transport Infrastructure (Waterways Management) Regulation 2012; or

(e)an offence against the Transport Operations (Marine Pollution) Act 1995; or

(f)an offence against the Transport Operations (Marine Safety) Act 1994.

s 28 amd 2023 SL No. 110 s 116

29Notice of decision

(1)As soon as practicable after deciding an application for a boat harbour approval, the chief executive must give the applicant written notice of the decision.

(2)If the chief executive decides to refuse to grant the boat harbour approval, or to grant the approval with conditions, the chief executive must give the applicant an information notice for the decision.

(3)Despite subsection (1), if the chief executive grants a boat harbour approval without conditions for a term of 1 month or less, the chief executive may instead tell the applicant of the decision orally.

30Term of approval

A boat harbour approval—

(a)is granted for the term stated in the approval; and

(b)remains in effect for the term of the approval.

Notes—

1For the cancellation of a boat harbour approval, see section 41.

2For the surrender of a boat harbour approval, see section 42.

31Minor amendments

(1)The chief executive may, by written notice given to the holder of a boat harbour approval, make a minor amendment to the approval.

(2)The amendment takes effect on the later of the following days—

(a)the day written notice of the amendment is given to the holder;

(b)if a later day is stated in the written notice—the later day.

(3)An amendment of a boat harbour approval is a minor amendment if—

(a)the amendment is for a formal or clerical reason; or

(b)the amendment does not adversely affect the interests of the holder of the approval; or

(c)the holder of the approval has agreed to the amendment.

(4)However, an amendment of a condition of a boat harbour approval is not a minor amendment if—

(a)the amendment removes or substantially changes the condition; and

(b)the holder of the approval does not agree to the amendment.

32Applications to amend boat harbour approvals

The holder of a boat harbour approval may apply, in the approved form, to the chief executive to amend the approval.

33Request for further information

(1)Before deciding an application to amend a boat harbour approval, the chief executive may, by written notice given to the holder, ask for further information the chief executive reasonably needs to decide the application.

(2)The written notice must state—

(a)the information required; and

(b)the time, no earlier than 28 days after the day the notice is given to the holder, by which the information is required to be given to the chief executive; and

(c)that the chief executive may cancel the application if the holder does not comply with the notice.

(3)If the holder does not comply with the written notice, the chief executive may give the holder a written notice cancelling the application.

(4)The cancellation takes effect on the later of the following days—

(a)the day written notice of the cancellation is given to the holder;

(b)if a later day is stated in the written notice—the later day.

34Deciding applications

(1)The chief executive must consider an application to amend a boat harbour approval and decide—

(a)to approve the application; or

(b)if the holder agrees in writing to another amendment—to approve the agreed amendment; or

(c)to refuse to approve the application.

(2)The chief executive must give the holder written notice of the decision.

(3)If the chief executive decides to refuse to approve the application, the chief executive must give the holder an information notice for the decision.

(4)The decision takes effect on the later of the following days—

(a)the day written notice of the decision is given to the holder;

(b)if a later day is stated in the written notice—the later day.

35Application of division

This division does not apply in relation to a minor amendment of a boat harbour approval.

36Definitions for division

In this division—

proposed action see section 38(1).

show cause notice see section 38(1).

show cause period, in relation to a show cause notice, means—

(a)the period stated in the show cause notice for making representations; or

(b)if the period for making representations is extended under section 38(4)—the period as extended.

37Grounds for amending, suspending or cancelling boat harbour approvals

Each of the following is a ground for amending, suspending or cancelling a boat harbour approval—

(a)the approval was obtained because of false or misleading information;

(b)the approval was given in error;

(c)the holder of the approval has failed to comply with a condition of the approval;

(d)the holder of the approval is not, or is no longer, a suitable person to hold the approval;

(e)the holder of the approval has failed to pay a fee payable under the Act in relation to the approval by the date or within the period during which the fee must be paid;

(f)there has been a material change of circumstances since the approval was granted and, had the changed circumstances existed when the approval was granted, the approval would not have been granted.

38Show cause notices

(1)If the chief executive considers a ground exists to amend, suspend or cancel a boat harbour approval (the proposed action), the chief executive may give the holder of the approval a written notice (a show cause notice).

(2)The show cause notice must—

(a)state the proposed action; and

(b)state the grounds for the proposed action; and

(c)outline the facts and circumstances forming the basis for the grounds; and

(d)if the proposed action is to amend the approval—state the proposed amendment; and

(e)if the proposed action is to suspend the approval—state the proposed suspension period of not longer than 2 years; and

(f)state the holder may, within a stated period, make written representations to the chief executive to show why the proposed action should not be taken.

(3)For subsection (2)(f), the stated period must end at least 28 days after the day the holder is given the show cause notice.

(4)The chief executive may, by written notice given to the holder, extend the period under subsection (2)(f) before or after the end of the period.

39Representations about show cause notices

(1)The holder of the boat harbour approval may make representations about the show cause notice to the chief executive within the show cause period.

(2)The chief executive must consider any representations made to the chief executive within the show cause period.

40Ending show cause process without further action

If, after considering any representations made to the chief executive within the show cause period, the chief executive no longer considers a ground exists to take the proposed action, the chief executive must—

(a)take no further action about the show cause notice; and

(b)give the holder of the boat harbour approval written notice that no further action is to be taken about the show cause notice.

41Decision on proposed action

(1)If, after considering any representations made within the show cause period, the chief executive still considers a ground exists to take the proposed action, the chief executive may—

(a)if the proposed action is to amend the boat harbour approval—

(i)amend the approval in the way stated in the show cause notice; or

(ii)amend the approval in another way the chief executive considers appropriate having regard to the representations; or

(b)if the proposed action is to suspend the approval—

(i)suspend the approval for a period not longer than the suspension period stated in the show cause notice; or

(ii)amend the approval in a way the chief executive considers appropriate having regard to the representations; or

(c)if the proposed action is to cancel the approval—

(i)cancel the approval; or

(ii)suspend the approval for a period of not longer than 2 years; or

(iii)amend the approval in a way the chief executive considers appropriate having regard to the representations.

(2)If the chief executive decides to act under subsection (1), the chief executive must give the holder of the boat harbour approval—

(a)written notice of the decision; and

(b)an information notice for the decision.

(3)The decision takes effect on the later of the following days—

(a)the day written notice of the decision is given to the holder;

(b)if a later day is stated in the written notice—the later day.

42Surrender

(1)The holder of a boat harbour approval may, by written notice given to the chief executive, surrender the approval.

(2)The surrender takes effect on the later of the following days—

(a)the day written notice of the surrender is given to the chief executive;

(b)if a later day is stated in the written notice—the later day.

43Definitions for division

In this division—

contravening property means a ship, a vehicle or goods that has been moored, parked or left in a State managed boat harbour in contravention of—

(a)a requirement of a regulatory notice displayed or given by the chief executive under section 22; or

(b)a direction given by an authorised officer under section 23.

person in charge, of contravening property, means—

(a)for contravening property that is a ship—the ship’s master or another person in charge of the ship; or

(b)for contravening property that is a vehicle—the driver of the vehicle or another person in charge of the vehicle; or

(c)for contravening property that is property in the form of goods—the owner of the goods or another person in charge of the goods.

44Moving contravening property

(1)This section applies if—

(a)an authorised officer reasonably believes a ship, vehicle or goods in a State managed boat harbour are contravening property; and

(b)the authorised officer reasonably believes it is necessary to move the contravening property having regard to—

(i)the efficient operation of the boat harbour; or

(ii)the safety and security of the boat harbour, users of the boat harbour or employees of the department.

(2)The authorised officer must take reasonable steps to locate the person in charge of the contravening property.

(3)Subsection (4) applies if, after taking reasonable steps under subsection (2), the authorised officer—

(a)can not locate the person in charge of the contravening property; or

(b)reasonably believes the person in charge of the contravening property is not able or willing to move the contravening property.

(4)The authorised officer may take steps necessary and reasonable to have the contravening property moved.

(5)If the contravening property is property in the form of goods that are of insufficient value or perishable, the goods may be dealt with under division 2 as if they were abandoned property.

(6)As soon as practicable after moving the contravening property, the authorised officer must give the person in charge of the contravening property a written notice that—

(a)states the contravening property has been moved; and

(b)explains how the contravening property may be recovered; and

(c)states the contravening property may be considered to be abandoned property and sold or disposed of by the chief executive if the contravening property is not recovered.

(7)If the authorised officer was unable to locate the person in charge of the contravening property, the written notice may be given by displaying the notice in a prominent position at or near the location from which the contravening property was moved.

(8)The expenses reasonably incurred by the authorised officer in dealing with the contravening property under this section are a debt payable by the person in charge of the contravening property to the State.

45Definitions for division

In this division—

abandoned property means property the chief executive reasonably believes has been abandoned in a State managed boat harbour including, for example, a ship, a vehicle or a thing attached to, or contained in, a ship or a vehicle.

detention notice, for abandoned property, means a written notice that—

(a)describes the abandoned property; and

(b)states the abandoned property has been found; and

(c)explains how the abandoned property may be recovered; and

(d)states the abandoned property may be sold or disposed of if it is not recovered; and

(e)states the period after which the abandoned property may be sold or disposed of by the chief executive.

46Application of subdivision

This subdivision applies to abandoned property other than—

(a)abandoned property that is of insufficient value; and

(b)abandoned property that is perishable if it would be impracticable for the chief executive to keep the abandoned property having regard to its nature or condition.

47Reasonable steps must be taken to find owner

(1)The chief executive—

(a)must take reasonable steps to locate the owner of the abandoned property; and

(b)may have the abandoned property moved to a place the chief executive considers appropriate.

(2)If the chief executive locates the owner of the abandoned property within 14 days after the chief executive reasonably believes the abandoned property has been abandoned, the chief executive must give the owner a detention notice for the abandoned property.

(3)If the chief executive does not locate the owner of the abandoned property within the 14 days, the chief executive must—

(a)display a detention notice for the abandoned property in a prominent position at or near the location where the abandoned property was found; and

(b)publish the detention notice on the department’s website.

48Claiming abandoned property

(1)This section applies if a person, within 28 days after a detention notice for the abandoned property is given or displayed under section 47—

(a)satisfies the chief executive that the person is the owner of the abandoned property; and

(b)pays the expenses reasonably incurred by the chief executive in dealing with the abandoned property under this subdivision.

(2)The chief executive must return the abandoned property to the person.

49If abandoned property is not claimed

If a person does not claim the abandoned property under section 48, the chief executive may sell the abandoned property.

50Application of proceeds of sale of abandoned property

(1)If the chief executive sells the abandoned property, the proceeds of the sale must be applied in the following order—

(a)in payment of the expenses reasonably incurred by the chief executive in selling the abandoned property;

(b)in payment of the expenses reasonably incurred by the chief executive in dealing with the abandoned property under this subdivision;

(c)in payment of charges, interest and other expenses owing to the chief executive in relation to selling or dealing with the abandoned property under this subdivision;

(d)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;

(e)the balance to the owner of the abandoned property.

(2)If the proceeds of the sale of the abandoned property are less than the total of the expenses mentioned in subsection (1)(a), (b) and (c), the difference is a debt payable by the owner of the abandoned property to the State.

(3)Compensation may not be recovered against the State in relation to a payment made under this section.

51Disposal of abandoned property of insufficient value

(1)The chief executive may dispose of abandoned property that is of insufficient value in the way the chief executive considers appropriate.

(2)Compensation may not be recovered against the State in relation to the disposal of the abandoned property.

52Sale or disposal of perishable abandoned property

(1)The chief executive may sell or dispose of abandoned property that is perishable if it would be impracticable for the chief executive to keep the abandoned property having regard to its nature or condition.

(2)If the chief executive sells abandoned property that is perishable, the proceeds of the sale must be applied in the following order—

(a)in payment of the expenses reasonably incurred by the chief executive in selling the abandoned property;

(b)in payment of the expenses reasonably incurred by the chief executive in dealing with the abandoned property under this subdivision;

(c)in payment of charges, interest and other expenses owing to the chief executive in relation to selling or dealing with the abandoned property under this subdivision;

(d)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;

(e)the balance to the owner of the abandoned property.

(3)If the proceeds of the sale of the abandoned property are less than the total of the expenses mentioned in subsection (2)(a), (b) and (c), the difference is a debt payable by the owner of the abandoned property to the State.

(4)Compensation may not be recovered against the State in relation to a payment made under this section.

53Authorised officers under part

This part includes provision for the appointment of authorised officers, and gives authorised officers particular powers.

54Appointment

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.

55Appointment conditions and limit on powers

(1)An authorised officer holds office on any conditions stated in—

(a)the authorised officer’s instrument of appointment; or

(b)a signed notice given to the authorised officer; or

(c)this regulation.

(2)The instrument of appointment, a signed notice given to the authorised officer or this regulation may limit the authorised officer’s powers.

(3)In this section—

signed notice means a written notice signed by the chief executive.

56When office ends

(1)The office of a person as an authorised officer ends if any of the following happens—

(a)the term of office stated in a condition of office ends;

(b)under another condition of office, the office ends;

(c)the authorised officer’s resignation under section 57 takes effect.

(2)Subsection (1) does not limit the ways the office of a person as an authorised officer ends.

(3)In this section—

condition of office means a condition under which the authorised officer holds office.

57Resignation

An authorised officer may resign by signed written notice given to the chief executive.

58Issue of identity card

(1)The chief executive must issue an identity card to each authorised officer.

(2)The identity card must—

(a)contain a recent photo of the authorised officer; and

(b)contain a copy of the authorised officer’s signature; and

(c)identify the person as an authorised officer under this regulation; and

(d)state an expiry date for the card.

(3)This section does not prevent the issue of a single identity card to a person for this regulation and other purposes.

59Production or display of identity card

(1)In exercising a power in relation to a person in the person’s presence, an authorised officer must—

(a)produce the authorised officer’s identity card for the person’s inspection before exercising the power; or

(b)have the identity card displayed so it is clearly visible to the person when exercising the power.

(2)However, if it is not practicable to comply with subsection (1), the authorised officer must produce the identity card for the person’s inspection at the first reasonable opportunity.

(3)For subsection (1), an authorised officer does not exercise a power in relation to a person only because the authorised officer has entered a place as mentioned in section 63(1)(b) or (c).

60Return of identity card

If the office of a person as an authorised officer ends, the person must return the person’s identity card to the chief executive within 21 days after the office ends unless the person has a reasonable excuse.

Maximum penalty—20 penalty units.

61References to exercise of powers

A reference in this part to the exercise of a power by an authorised officer, other than a reference to the exercise of a specific power, is a reference to the exercise of all or any of an authorised officer’s powers under this part, to the extent the powers are relevant.

62Reference to document includes reference to reproductions from electronic document

A reference in this part to a document includes a reference to an image or writing—

(a)produced from an electronic document; or

(b)not yet produced, but reasonably capable of being produced, from an electronic document, with or without the aid of anything else.

s 62 amd 2023 SL No. 110 s 117

63General power to enter places

(1)An authorised officer may enter a place if—

(a)an occupier at the place consents under subdivision 2 to the entry and section 66 has been complied with for the occupier; or

(b)the place is a public place and the entry is made when the place is open to the public; or

(c)the place is a place of business stated in a relevant approval and is—

(i)open for carrying on business; or

(ii)otherwise open for entry; or

(iii)required to be open for inspection under the approval.

(2)For subsection (1)(c), a place of business does not include a part of the place where a person resides.

(3)If the power to enter arose only because an occupier of the place consented to the entry, the power is subject to any conditions of the consent and ceases if the consent is withdrawn.

(4)In this section—

public place means a place, or part of a place—

(a)that the public is entitled to use, that is open to members of the public or that is used by the public, whether or not on payment of money; or

Examples of places that may be a public place under paragraph (a)—

a beach, a park, a road

(b)the occupier of which allows, whether or not on payment of money, members of the public to enter.

Examples of places that may be a public place under paragraph (b)—

a saleyard, a showground

relevant approval means—

(a)a fuelling service approval; or

(b)a transport service approval.

64Application of subdivision

This subdivision applies if an authorised officer intends to ask an occupier of a place to consent to the authorised officer or another authorised officer entering the place under section 63(1)(a).

65Incidental entry to ask for access

For the purpose of asking the occupier for the consent, an authorised officer may, without the occupier’s consent—

(a)enter land around premises at the place to an extent that is reasonable to contact the occupier; or

(b)enter a part of the place the authorised officer considers members of the public ordinarily are allowed to enter when they wish to contact an occupier of the place.

66Matters authorised officer must tell occupier

Before asking for the consent, the authorised officer must—

(a)explain to the occupier the purpose of the entry, including the powers intended to be exercised; and

(b)tell the occupier that—

(i)the occupier is not required to consent; and

(ii)the consent may be given subject to conditions and may be withdrawn at any time.

67Consent acknowledgement

(1)If the consent is given, the authorised officer may ask the occupier to sign an acknowledgement of the consent.

(2)The acknowledgement must state—

(a)the purpose of the entry, including the powers to be exercised; and

(b)that the occupier has been given an explanation about the purpose of the entry, including the powers intended to be exercised; and

(c)that the occupier has been told—

(i)that the occupier is not required to consent; and

(ii)that the consent may be given subject to conditions and may be withdrawn at any time; and

(d)that the occupier gives the authorised officer or another authorised officer consent to enter the place and exercise the powers; and

(e)the day and time the consent was given; and

(f)any conditions of the consent.

(3)If the occupier signs the acknowledgement, the authorised officer must immediately give a copy to the occupier.

(4)If—

(a)an issue arises in a proceeding about whether the occupier consented to the entry; and

(b)a signed acknowledgement complying with subsection (2) for the entry is not produced in evidence;

      the onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.

68Entry of a place of business under s 63

(1)This section applies if an authorised officer intends to enter a place under section 63(1)(c).

(2)The authorised officer must, before entering the place, make a reasonable attempt to locate an occupier of the place and obtain the occupier’s consent to the entry.

Note—

See subdivision 2 in relation to entry by consent.

(3)Subsection (4) applies if—

(a)after being unable to locate an occupier, the authorised officer subsequently finds an occupier present at the place; or

(b)an occupier refuses to consent to the entry.

(4)The authorised officer must make reasonable attempts to—

(a)produce the authorised officer’s identity card for the occupier’s inspection; and

(b)inform the occupier—

(i)of the reason for entering the place; and

(ii)that the authorised officer is authorised under this regulation to enter the place without the occupier’s consent.

Note—

See, however, the restrictions on entry under section 63(1)(c) and (2).

(5)Also, if the authorised officer enters the place after being unable to locate an occupier, the authorised officer must leave a written notice in a conspicuous position and in a reasonably secure way stating—

(a)the date and time of the entry; and

(b)information addressing the matters mentioned in subsection (4)(b).

69Application of division

(1)The powers under this division may be exercised if an authorised officer enters a place under section 63(1)(a) or (c).

(2)However, if the authorised officer enters a place under section 63(1)(a), the powers under this division are subject to any conditions of the consent.

70General powers

(1)The authorised officer may do any of the following—

(a)inspect, examine or film any part of the place or anything at the place;

(b)take a sample of, or from, a thing at the place;

(c)take to, into or onto the place and use any person, equipment and materials the authorised officer requires for exercising the authorised officer’s powers under this part.

(2)The authorised officer may do anything necessary to exercise a power under subsection (1).

(3)In this section—

examine includes analyse, test, account for, measure, weigh, grade, gauge and identify.

film includes photograph, videotape and record an image in another way.

inspect, a thing, includes open the thing and examine its contents.

71Power to require personal details

(1)This section applies if an authorised officer—

(a)finds a person committing an offence against this regulation; or

(b)finds a person in circumstances that lead the authorised officer to reasonably suspect the person has just committed an offence against this regulation; or

(c)has information that leads the authorised officer to reasonably suspect a person has just committed an offence against this regulation.

(2)The authorised officer may require the person to state the person’s name and—

(a)residential or business address; or

(b)if the person is temporarily in the State—an address for the person in the State.

(3)The authorised officer may also require the person to give evidence of the correctness of the stated name or address if the authorised officer reasonably suspects the stated name or address is false.

(4)When making a requirement under this section, the authorised officer must give the person an offence warning for the requirement.

72Offence to contravene personal details requirement

(1)A person of whom a requirement is made under section 71 must comply with the requirement unless the person has a reasonable excuse.

Maximum penalty—40 penalty units.

(2)A person may not be convicted of an offence against subsection (1) unless the person is convicted of the offence in relation to which the requirement under section 71 was made.

(3)Also, a person may not be convicted of an offence against subsection (1) if the person is not given an offence warning for the requirement under section 71(4).

73Power to require production of document or certification of copy

(1)An authorised officer may require a person to make available for inspection by an authorised officer, or to produce to the authorised officer for inspection, at a reasonable time and place nominated by the authorised officer—

(a)a document required to be kept by the person under a boat harbour approval; or

(b)if a document mentioned in paragraph (a) is kept, stored or recorded electronically—a document that is a clear written reproduction of the document that is kept, stored or recorded electronically.

(2)The authorised officer may copy the document or an entry in the document.

(3)If the authorised officer copies the document, or an entry in the document, the authorised officer may require the person responsible for keeping the document to certify the copy as a true copy of the document or entry.

(4)The authorised officer must not keep the document after copying the document or an entry in the document.

(5)However, if a requirement is made of a person under subsection (3), the authorised officer may keep the document until the person complies with the requirement.

74Offence to contravene production requirement

(1)A person of whom a production requirement is made must comply with the requirement unless the person has a reasonable excuse.

Maximum penalty—20 penalty units.

(2)It is a reasonable excuse for an individual not to comply with a production requirement if complying might tend to incriminate the individual or expose the individual to a penalty.

(3)When making a production requirement, the authorised officer must give the person an offence warning for the requirement.

(4)If a person fails to comply with a production requirement when the authorised officer has failed to give the person an offence warning for the requirement under subsection (3), the person may not be convicted of the offence against subsection (1).

(5)If a court convicts a person of an offence against subsection (1), the court may, as well as imposing a penalty for the offence, order the person to comply with the production requirement.

(6)In this section—

production requirement means a requirement under section 73(1).

75Offence to contravene certification requirement

(1)A person of whom a certification requirement is made must comply with the requirement unless the person has a reasonable excuse.

Maximum penalty—20 penalty units.

(2)It is a reasonable excuse for an individual not to comply with a certification requirement if complying might tend to incriminate the individual or expose the individual to a penalty.

(3)When making a certification requirement, the authorised officer must give the person an offence warning for the requirement.

(4)If a person fails to comply with a certification requirement when the authorised officer has failed to give the person an offence warning for the requirement under subsection (3), the person may not be convicted of the offence against subsection (1).

(5)In this section—

certification requirement means a requirement under section 73(3).

76Duty to avoid inconvenience and minimise damage

In exercising a power, an authorised officer must take all reasonable steps to cause as little inconvenience, and do as little damage, as possible.

Note—

See also section 78.

77Notice of damage

(1)This section applies if—

(a)an authorised officer damages something when exercising, or purporting to exercise, a power; or

(b)a person (the assistant) acting under the direction or authority of an authorised officer damages something.

(2)However, this section does not apply to damage the authorised officer considers is trivial or if the authorised officer reasonably believes—

(a)there is no-one apparently in possession of the thing; or

(b)the thing has been abandoned.

(3)The authorised officer must, as soon as possible, give written notice of the damage to a person who appears to the authorised officer to be an owner, or person in control, of the thing.

(4)However, if for any reason it is not practicable to comply with subsection (3), the authorised officer must—

(a)leave the written notice at the place where the damage happened; and

(b)ensure the written notice is left in a conspicuous position and in a reasonably secure way.

(5)The authorised officer may delay complying with subsection (3) or (4) if the authorised officer reasonably suspects complying with the subsection may frustrate or otherwise hinder the performance of the authorised officer’s functions.

(6)The delay may be only for so long as the authorised officer continues to have the reasonable suspicion and remains in the vicinity of the place where the thing was damaged to keep the thing or place under observation.

(7)If the authorised officer believes the damage was caused by a latent defect in the thing or other circumstances beyond the control of the authorised officer or the assistant, the authorised officer may state the belief in the written notice.

(8)The written notice must state—

(a)the particulars of the damage; and

(b)that the person who suffered the damage may claim compensation under section 78.

(9)In this section—

person in control—

(a)of a vehicle, includes—

(i)the vehicle’s driver or rider; and

(ii)any person who reasonably appears to be, claims to be, or acts as if the person is, the vehicle’s driver or rider or the person in control of the vehicle; or

(b)of a ship, includes—

(i)the ship’s master; and

(ii)any person who reasonably appears to be, claims to be, or acts as if the person is, the ship’s master or the person in control of the ship; or

(c)of another thing, includes any person who reasonably appears to be, claims to be, or acts as if the person is, the person in possession or control of the thing.

78Compensation

(1)A person may claim compensation from the State if the person incurs loss because of the exercise, or purported exercise, of a power by or for an authorised officer, including a loss arising from compliance with a requirement made of the person under division 4.

(2)The compensation may be claimed and ordered in a proceeding—

(a)brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or

(b)for an alleged offence against this regulation the investigation of which gave rise to the claim for compensation.

(3)A court may order the payment of compensation only if it is satisfied it is just to make the order in the circumstances of the particular case.

(4)Section 76 does not provide for a statutory right of compensation other than as provided by this section.

(5)In this section—

loss includes costs and damage.

79Giving authorised officer false or misleading information

(1)A person must not, in relation to the administration of this regulation, give an authorised officer information the person knows is false or misleading in a material particular.

Maximum penalty—20 penalty units.

(2)Subsection (1) does not apply to a person if the person, when giving information in a document—

(a)tells the authorised officer, to the best of the person’s ability, how the document is false or misleading; and

(b)if the person has, or can reasonably obtain, the correct information—gives the correct information.

80Obstructing authorised officer

(1)A person must not obstruct an authorised officer exercising a power, or someone helping an authorised officer exercising a power, unless the person has a reasonable excuse.

Maximum penalty—20 penalty units.

(2)If a person has obstructed an authorised officer, or someone helping an authorised officer, and the authorised officer decides to proceed with the exercise of the power, the authorised officer must warn the person that—

(a)it is an offence to cause an obstruction unless the person has a reasonable excuse; and

(b)the authorised officer considers the person’s conduct an obstruction.

(3)If a person obstructs an authorised officer, or someone helping the authorised officer, when the authorised officer has failed to give the person a warning under subsection (2), the person may not be convicted of the offence against subsection (1).

81Regulatory notices generally

(1)A regulatory notice must, unless it is in the form of an official traffic sign, state—

(a)the public marine facility to which the regulatory notice relates; and

(b)that contravention of the regulatory notice is an offence; and

(c)the maximum penalty for the offence.

(2)A regulatory notice may be in the form of an official traffic sign.

(3)If a regulatory notice is in the form of an official traffic sign, the regulatory notice is taken to contain the indication given by the corresponding official traffic sign.

(4)In this section—

official traffic sign see the Transport Operations (Road Use Management) Act 1995, schedule 4.

82Display of regulatory notices

(1)To have effect, a regulatory notice, other than a regulatory notice given to a person, must be displayed in a way that the regulatory notice is clearly visible to passers-by—

(a)at or near an entrance commonly used by a person to gain access to the public marine facility to which the notice relates; or

(b)on or near the public marine facility to which the notice relates.

(2)A regulatory notice displayed under subsection (1) may include a direction, instruction, indication, condition or other provision in the regulatory notice.

(3)Evidence that a regulatory notice was displayed in accordance with this section is evidence that the regulatory notice was displayed by the chief executive.

83Regulatory notice may refer to documents held by chief executive

(1)A regulatory notice may require a person to comply, in whole or in part, with a requirement of a stated document held by the chief executive.

(2)However, the requirement must be able to be made by the regulatory notice.

(3)If the document is a standard, the regulatory notice must state that a copy of the standard is available during normal business hours for inspection, or for purchase at a reasonable cost, at a stated office of the department.

(4)If the document is not a standard, the regulatory notice must—

(a)include a copy of the document; or

(b)do both of the following—

(i)include a summary of the requirement;

(ii)state that a copy of the document is available during normal business hours, free of charge, at a stated office of the department.

(5)The office of the department stated in the regulatory notice must be in, or nearest to, the area to which the regulatory notice relates.

(6)In this section—

standard means a code, guide, rule, specification or standard—

(a)adopted, made or published by Standards Australia; or

(b)mentioned in the Transport Operations (Marine Safety) Regulation 2016, schedule 9, definition dangerous cargo code.

84Application of part

The provisions of this part are in addition to the provisions of part 3 for a boat ramp or landing that is a public marine facility in a State managed boat harbour.

85Anchoring ship in State managed boat harbour

(1)A person must not anchor a ship in a State managed boat harbour.

Maximum penalty—20 penalty units.

(2)In this section—

State managed boat harbour does not include land in a boat harbour over which a person, other than the chief executive, has a tenure.

86Operating fish receival service in State managed boat harbour

(1)A person must not operate a service to receive fish at a place in a State managed boat harbour unless the person holds a fish receival service approval for the place.

Maximum penalty—20 penalty units.

(2)However, a person does not commit an offence against subsection (1) if the person—

(a)operates, at a place in a State managed boat harbour, a service to receive fish into a fixed facility provided by the holder of a fish receival service approval for the place; and

(b)has the holder’s prior permission to operate the service at the place; and

(c)complies with the conditions of the fish receival service approval for the place when operating the service.

87Unloading fish in State managed boat harbour

(1)A person who is the owner, the master or apparently in charge of a fishing ship (the operator) must not unload fish from the fishing ship at a place in a State managed boat harbour to a person who is not the holder of a fish receival service approval for the place.

Maximum penalty—20 penalty units.

(2)However, the operator does not commit an offence against subsection (1) if—

(a)the operator unloads fish, at the place—

(i)into a fixed facility provided by the holder of a fish receival service approval for the place; and

(ii)in accordance with the holder’s approval; and

(b)the person receiving the fish at the facility has the holder’s prior permission to operate a service to receive fish into the facility at the place.

88Operating fuelling service in State managed boat harbour

A person must not operate a service to dispense fuel to a ship in a State managed boat harbour unless the person holds a fuelling service approval for the boat harbour.

Maximum penalty—40 penalty units.

89Mooring ship in State managed boat harbour

(1)A person must not moor a ship in a State managed boat harbour unless the person holds a mooring approval for the ship for the boat harbour.

Maximum penalty—30 penalty units.

(2)In this section—

State managed boat harbour does not include land in a boat harbour over which a person, other than the chief executive, has a tenure.

90Securely fastening ship in State managed boat harbour

(1)A person who moors a ship in a State managed boat harbour must ensure that—

(a)the ship is securely fastened at the mooring; and

(b)all the ship’s mooring lines are appropriate for—

(i)the ship; and

(ii)the prevailing and reasonably foreseeable wind, tide and weather conditions while the ship is at the mooring.

Maximum penalty—30 penalty units.

(2)In this section—

mooring lines includes cables, chains, ropes, wires, shackles and all other fittings and equipment used for mooring a ship.

91Mooring ship at pile or buoy mooring in State managed boat harbour

(1)A person who moors a ship in a State managed boat harbour to a pile or buoy mooring must ensure that the ship is moored head and stern.

Maximum penalty—40 penalty units.

(2)In this section—

State managed boat harbour does not include land in the boat harbour over which a person, other than the chief executive, has a tenure.

92Offence of operating commercial ship to provide transport service in State managed boat harbour

A person must not operate a commercial ship in a State managed boat harbour to provide a transport service in the course of carrying on a business unless the person holds a transport service approval for the ship for the boat harbour.

Maximum penalty—30 penalty units.

93Compliance with conditions of boat harbour approval

The holder of a boat harbour approval must comply with the conditions of the approval applying to the holder unless the holder has a reasonable excuse.

Maximum penalty—

(a)for failure to comply with a fish receival service approval—20 penalty units; or

(b)for failure to comply with a fuelling service approval—40 penalty units; or

(c)for failure to comply with a mooring approval or transport service approval—30 penalty units.

94Internal and external review of decisions

(1)Sections 485 and 485A of the Act apply to an original decision as if—

(a)the original decision was mentioned in schedule 3 of the Act; and

(b)QCAT were stated opposite the original decision in that schedule.

(2)In this section—

original decision means a decision of the chief executive to do any of the following—

(a)grant a boat harbour approval with conditions under section 28(1)(a); or

(b)refuse to grant a boat harbour approval under section 28(1)(b); or

(c)refuse to approve an application to amend a boat harbour approval under section 34(1)(c); or

(d)amend, suspend or cancel a boat harbour approval under section 41; or

(e)approve a payment arrangement with conditions under section 99(1)(a); or

(f)refuse to approve an application for a payment arrangement under section 99(1)(b).

95Fees in State managed boat harbours—Act, s 466

(1)This section prescribes, for section 466(4)(a) of the Act, the fees payable to the chief executive for the use of a State managed boat harbour.

(2)The fees payable in relation to a boat harbour approval are prescribed in schedule 3, part 1.

(3)The fees payable by a lessee, other than the chief executive, of land in a State managed boat harbour for each mooring in the leased land are prescribed in schedule 3, part 2.

96When fees payable

(1)Subject to subsection (2), a fee payable in relation to a boat harbour approval under section 95(2) must be paid in the way, and on or before the day, stated in the approval.

(2)A fee payable under section 95(2) for a mooring approval to moor a ship in the Bowen State managed boat harbour or the Rosslyn Bay State managed boat harbour for a period of 6 months or less must be paid at the time the application for the approval is made.

(3)A fee payable by a lessee under section 95(3) must be paid no later than 3 months after each due date.

97Application for payment arrangement

(1)The holder of a boat harbour approval may apply, in the approved form, to the chief executive to approve an arrangement (a payment arrangement) to pay a fee mentioned in schedule 3, part 1 in relation to the approval on the grounds of financial hardship.

(2)The application must—

(a)state how the fees are to be paid; and

(b)include documents demonstrating the holder’s financial hardship.

Examples of documents that may demonstrate financial hardship—

bank statements, pay slips, Centrelink statements

98Request for further information

(1)Before deciding an application made under section 97 in relation to a boat harbour approval, the chief executive may, by written notice given to the holder, ask for further information the chief executive reasonably needs to decide the application.

(2)The written notice must state—

(a)the information required; and

(b)the time, no earlier than 28 days after the day the notice is given to the holder, by which the information is required to be given; and

(c)that the chief executive may cancel the application if the holder does not comply with the notice.

(3)If the holder does not comply with the written notice, the chief executive may give the holder a written notice cancelling the application.

(4)The cancellation takes effect on the later of the following days—

(a)the day written notice of the cancellation is given to the holder;

(b)if a later day is stated in the written notice—the later day.

99Deciding applications

(1)The chief executive must consider an application made under section 97 in relation to a boat harbour approval and decide—

(a)to approve the payment arrangement with or without conditions; or

(b)to refuse to approve the application.

(2)The chief executive may approve the payment arrangement only if satisfied payment of the fee would cause, or would be likely to cause, financial hardship to the holder of the boat harbour approval.

(3)The chief executive must give the holder written notice of the decision.

(4)If the chief executive decides to refuse to approve the application, or to approve the payment arrangement with conditions, the chief executive must give the holder an information notice for the decision.

(5)If the chief executive approves the payment arrangement, the fees stated in the arrangement must be paid in the way and on or before the day stated in the arrangement.

(6)Subsection (5) applies despite section 96(1) and (2).

100Definitions for part

In this part—

expired regulation means the expired Transport Infrastructure (Public Marine Facilities) Regulation 2011.

former approval means an approval under the expired regulation, section 38, 39, 40 or 41.

101Continuing appointments

(1)This section applies if—

(a)immediately before the commencement—

(i)a person was mentioned in the expired regulation, schedule 1 as the manager of a public marine facility for section 459(1) of the Act; and

(ii)the person’s consent to the appointment was in effect; and

(b)on the commencement, the person is mentioned in schedule 1 of this regulation as the manager of the same public marine facility.

(2)From the commencement, the person’s appointment as the manager of the public marine facility for section 459(1) of the Act, and the person’s consent to the appointment, continue under this regulation.

102Existing former approvals taken to be boat harbour approvals

(1)This section applies to—

(a)a former approval in effect immediately before the commencement; or

(b)a former approval that has been suspended under the expired regulation if the period of the suspension had not ended immediately before the commencement.

(2)From the commencement, the former approval is taken to be a boat harbour approval of the same type granted under section 28.

(3)The boat harbour approval—

(a)has effect for the remaining term of the former approval; and

(b)is subject to any conditions imposed on the former approval under the expired regulation, part 3, division 5 that applied to the former approval immediately before the commencement.

(4)If the former approval has been suspended under the expired regulation, the boat harbour approval is taken to be suspended until the end of the period of the suspension of the former approval.

103Existing applications for former approvals

(1)This section applies if—

(a)before the commencement, a person made an application to the chief executive under the expired regulation, section 37 for a former approval; and

(b)immediately before the commencement, the application had not been decided.

(2)The application—

(a)is taken to have been made under section 25 for a boat harbour approval of the same type; and

(b)must be dealt with under part 5, division 2.

(3)Anything done in relation to the application under the expired regulation is taken to have been done in relation to the application under part 5, division 2.

104Existing applications to amend former approvals

(1)This section applies if—

(a)before the commencement, a person made an application to the chief executive to amend a former approval under the expired regulation, section 43; and

(b)immediately before the commencement, the application had not been decided.

(2)The application—

(a)is taken to have been made under section 32 for the amendment of the former approval that is taken to be a boat harbour approval of the same type under section 102; and

(b)must be dealt with under part 5, division 4.

(3)Anything done in relation to the application under the expired regulation is taken to have been done in relation to the application under part 5, division 4.

105Existing detention notices

(1)This section applies if—

(a)before the commencement, the chief executive—

(i)gave a person a detention notice under the expired regulation, section 31(1) in relation to abandoned property under the expired regulation; or

(ii)published a detention notice under the expired regulation, section 31(2) in relation to abandoned property under the expired regulation; and

(b)immediately before the commencement—

(i)the period mentioned in the expired regulation, section 32 within which a person may claim the abandoned property has not ended; or

(ii)the abandoned property has not been sold or disposed of by the chief executive under the expired regulation, section 33.

(2)The expired regulation, part 3, division 4 continues to apply in relation to the abandoned property as if that regulation had not expired.

106Existing applications for review of decisions

(1)Subsection (2) applies to a review of a decision in relation to a former approval mentioned in the expired regulation, section 45(1) started under section 485 or 485A of the Act.

(2)The expired regulation continues to apply in relation to the review as if that regulation had not expired.

(3)However, the decision on the review is taken to be a decision made under this regulation in relation to a boat harbour approval of the same type as the former approval.

(4)Subsection (5) applies if, immediately before the commencement—

(a)a person could have, but had not, applied under section 485 or 485A of the Act for a review of a decision in relation to a former approval mentioned in the expired regulation, section 45(1); and

(b)the period within which the person could apply for the review had not ended.

(5)Section 94 applies in relation to the review for the period mentioned in subsection (4)(b) as if the decision were an original decision mentioned in section 94 in relation to a boat harbour approval of the same type as the former approval.

(6)Subsection (5) does not apply to a decision of the chief executive under the expired regulation to refuse to grant a suspension or cancellation of a former approval applied for by the holder.

107Authorised officers

(1)This section applies to a person who, immediately before the commencement, held an appointment as an authorised officer under the expired regulation, section 51.

(2)The person continues to be an authorised officer under this regulation on the same conditions that applied to the person immediately before the commencement.

(3)The identity card held by the person under the expired regulation, section 55 is taken to be an identity card issued under section 58.

108Existing regulatory notices given to a person

(1)This section applies if—

(a)before the commencement, the chief executive gave a person a regulatory notice under—

(i)the expired regulation, section 10; or

(ii)the expired regulation, part 3, division 2, subdivision 1; and

(b)immediately before the commencement—

(i)the person had not complied with the regulatory notice; and

(ii)the period for complying with the regulatory notice had not ended.

(2)The regulatory notice—

(a)is taken to have been given by the chief executive—

(i)for a regulatory notice given under the expired regulation, section 10—under section 11; or

(ii)for a regulatory notice given under the expired regulation, part 3, division 2, subdivision 1—under section 22; and

(b)must be complied with before the period mentioned in subsection (1)(b)(ii) ends.

109Existing regulatory notices displayed by chief executive

(1)This section applies if—

(a)before the commencement, the chief executive erected or displayed a regulatory notice under—

(i)the expired regulation, section 10; or

(ii)the expired regulation, part 3, division 2, subdivision 1; and

(b)immediately before the commencement, the chief executive had not removed the regulatory notice.

(2)The regulatory notice is taken to be a regulatory notice displayed by the chief executive—

(a)for a regulatory notice erected or displayed under the expired regulation, section 10—under section 11; or

(b)for a regulatory notice erected or displayed under the expired regulation, part 3, division 2, subdivision 1—under section 22.

110Existing directions

(1)This section applies if—

(a)before the commencement, an authorised officer gave a person a direction under—

(i)the expired regulation, section 11; or

(ii)the expired regulation, part 3, division 2, subdivision 2; and

(b)immediately before the commencement—

(i)the person had not complied with the direction; and

(ii)the period for complying with the direction had not ended.

(2)The direction—

(a)is taken to have been given by an authorised officer—

(i)for a direction given under the expired regulation, section 11—under section 12; or

(ii)for a direction given under the expired regulation, part 3, division 2, subdivision 2—under section 23; and

(b)must be complied with before the period mentioned in subsection (1)(b)(ii) ends.

111Payment of particular fees

(1)This section applies if—

(a)before the commencement, the due date under the expired regulation for a fee payable under the expired regulation, section 77(2) or 79 was 30 June 2023; and

(b)immediately before the commencement, the fee had not been paid to the chief executive.

(2)The fee must be paid to the chief executive on or before 30 September 2023.

112Existing arrangements for paying fees

(1)This section applies if—

(a)before the commencement, a person entered into an arrangement for the payment of a fee under the expired regulation, section 81; and

(b)immediately before the commencement, the arrangement was in force.

(2)The arrangement is taken to be a payment arrangement approved by the chief executive under section 99 in relation to the fee.

113Existing applications for arrangements for paying fees

(1)This section applies if—

(a)before the commencement, a person made a request to the chief executive to enter into an arrangement for the payment of a fee under the expired regulation, section 81; and

(b)immediately before the commencement, the request had not been decided.

(2)The expired regulation continues to apply in relation to the application as if the expired regulation had not expired.

(3)If the chief executive enters into the arrangement under the expired regulation, the arrangement is taken to be a payment arrangement approved by the chief executive under section 99 in relation to the fee.

114References to expired regulation

In an instrument a reference to the expired regulation may, if the context permits, be taken to be a reference to this regulation.

section 5

section 8

section 95

section 3

abandoned property, for part 6, division 2, see section 45.

anchor, a ship, means secure the ship to the seabed using 1 or more anchors.

authorised officer means a person appointed as an authorised officer under section 54.

boat harbour approval means—

(a)a fish receival service approval; or

(b)a fuelling service approval; or

(c)a mooring approval; or

(d)a transport service approval.

boat harbour land means land located in a State managed boat harbour.

Bowen State managed boat harbour means the Bowen Boat Harbour shown as lot 310 on SP198022.

Notes—

1To help users of this regulation, an indicative map showing the boundaries of the boat harbour is published on the department’s website.

2The indicative map is not applied, adopted or incorporated by this regulation.

Burnett Heads boat harbour means the Burnett Heads Boat Harbour shown as lots 2 and 3 on SP324116 and lot 4 on SP190481.

Notes—

1To help users of this regulation, an indicative map showing the boundaries of the boat harbour is published on the department’s website.

2The indicative map is not applied, adopted or incorporated by this regulation.

Cabbage Tree Creek State managed boat harbour means the boat harbour at Cabbage Tree Creek shown as lots 423 to 426 on SP158144.

Notes—

1To help users of this regulation, an indicative map showing the boundaries of the boat harbour is published on the department’s website.

2The indicative map is not applied, adopted or incorporated by this regulation.

commercial ship means—

(a)a domestic commercial vessel with a certificate of operation issued, or taken to be issued, under the domestic commercial vessel national law stating it is a class 1 or 2 vessel; or

(b)an other Queensland regulated ship registered under the Transport Operations (Marine Safety) Regulation 2016.

contravening property, for part 6, division 1, see section 43.

detention notice, for abandoned property, for part 6, division 2, see section 45.

domestic commercial vessel see the domestic commercial vessel national law, section 7.

domestic commercial vessel national law see the Transport Operations (Marine Safety—Domestic Commercial Vessel National Law Application) Act 2016, section 20.

due date means 30 June or 31 December in each year.

exempt passenger, for a commercial ship operating under a transport service approval, means a passenger for the ship—

(a)who is under 6 years; or

(b)if both of the following apply in relation to the passenger—

(i)the passenger is travelling on the ship on a ticket for the trip given to the person by a recognised charitable organisation; and

(ii)the organisation—

(A)obtains the ticket without charge; and

(B)gives the holder of the approval a statutory declaration declaring the number of tickets the organisation received without charge.

ferry service see the Transport Operations (Passenger Transport) Act 1994, schedule 3.

fish see the Fisheries Act 1994, section 5.

fishing ship see the Transport Operations (Marine Safety) Regulation 2016, schedule 9.

fish receival service approval see section 24(2).

fuelling service approval see section 24(3).

identity card, for a provision about an authorised officer, means an identity card issued under section 58.

indication, given by an official traffic sign, see the Transport Operations (Road Use Management) Act 1995, schedule 4.

insufficient value, in relation to property, means—

(a)no value; or

(b)if sold by the chief executive, 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 chief executive in selling the property;

(ii)the expenses reasonably incurred by the chief executive in dealing with the property under part 6;

(iii)the charges, interest and other expenses owing to the chief executive in relation to selling or dealing with the property under part 6.

landing includes a jetty, pontoon, wharf, floating walkway or fixed sloping walkway.

leased land, in relation to a State managed boat harbour, means land in the State managed boat harbour leased by a lessee, other than the chief executive.

length, of a ship, means its maximum overall length including all projections.

lessee has the meaning given by the Land Act 1994, schedule 6.

maintenance berth means a berth for temporarily berthing a ship that is being constructed, fitted out, repaired or maintained.

manager see section 459(1) of the Act.

Manly State managed boat harbour means the Manly Boat Harbour shown as lots 685 to 687 on SP172860 and lot 688 on SP172859.

Notes—

1To help users of this regulation, an indicative map showing the boundaries of the boat harbour is published on the department’s website.

2The indicative map is not applied, adopted or incorporated by this regulation.

master, of a ship, see the Transport Operations (Marine Safety) Act 1994, section 7.

minor amendment, of a boat harbour approval, see section 31(3) and (4).

Mooloolaba State managed boat harbour means the Mooloolaba Harbour shown as lot 1 on SP143293.

Notes—

1To help users of this regulation, an indicative map showing the boundaries of the boat harbour is published on the department’s website.

2The indicative map is not applied, adopted or incorporated by this regulation.

mooring approval see section 24(4).

non-State managed boat harbour means a public marine facility that is a boat harbour, other than a State managed boat harbour.

obstruct includes assault, hinder, resist, attempt to obstruct or threaten to obstruct.

occupier, of a place, includes the following—

(a)if there is more than 1 person who apparently occupies the place—any 1 of the persons;

(b)any person at the place who is apparently acting with the authority of a person who apparently occupies the place;

(c)if no-one apparently occupies the place—any person who is an owner of the place.

of, a place, includes at or on the place.

offence warning, for a direction or requirement by an authorised officer, means a warning that, without a reasonable excuse, it is an offence for the person to whom the direction is given, or of whom the requirement is made, not to comply with the direction or requirement.

other Queensland regulated ship see the Transport Operations (Marine Safety) Act 1994, section 10C.

owner, of a ship, see the Transport Operations (Marine Safety) Act 1994, section 9.

partially smooth waters see the Transport Operations (Marine Safety) Regulation 2016, schedule 9.

passenger, for a commercial ship, means—

(a)for a domestic commercial vessel—any person on the ship, other than the ship’s master and crew required under the domestic commercial vessel national law to operate the ship; or

(b)for an other Queensland regulated ship, any person on the ship, other than the following—

(i)the master of the ship;

(ii)any of the crew of the ship;

(iii)the pilot of the ship under the Transport Operations (Marine Safety) Act 1994, schedule 1.

payment arrangement see section 97(1).

person in charge, of contravening property, for part 6, division 1, see section 43.

place includes the following—

(a)premises;

(b)vacant land;

(c)a place in Queensland waters;

(d)a place held under more than 1 title or by more than 1 owner;

(e)the land or water on or in which a building or other structure, or a group of buildings or other structures, is situated.

Port Douglas boat harbour means the boat harbour at Port Douglas shown as lots 5 and 51 to 54 on SP288958 and lot 2 on SP262338.

Notes—

1To help users of this regulation, an indicative map showing the boundaries of the boat harbour is published on the department’s website.

2The indicative map is not applied, adopted or incorporated by this regulation.

premises includes—

(a)a building or other structure; and

(b)a part of a building or other structure; and

(c)a ship, caravan or vehicle; and

(d)a cave or tent; and

(e)premises held under more than 1 title or by more than 1 owner.

proposed action, for part 5, division 5, see section 38(1).

recreational ship see the Transport Operations (Marine Safety) Act 1994, section 10B.

regulatory notice see sections 11 and 22.

Rosslyn Bay State managed boat harbour means the Rosslyn Bay Boat Harbour shown as lot 105 on SP161849, lot 129 on CP854911 and lot 155 on CP867785.

Notes—

1To help users of this regulation, an indicative map showing the boundaries of the boat harbour is published on the department’s website.

2The indicative map is not applied, adopted or incorporated by this regulation.

Scarborough State managed boat harbour means the Scarborough Boat Harbour shown as lots 858 and 859 on SP158152.

Notes—

1To help users of this regulation, an indicative map showing the boundaries of the boat harbour is published on the department’s website.

2The indicative map is not applied, adopted or incorporated by this regulation.

ship see the Transport Operations (Marine Safety) Act 1994, section 10.

show cause notice, for part 5, division 5, see section 38(1).

show cause period, for part 5, division 5, see section 36.

Snapper Creek State managed boat harbour means the boat harbour at Snapper Creek shown as lots 1 to 6 on SP297681.

Notes—

1To help users of this regulation, an indicative map showing the boundaries of the boat harbour is published on the department’s website.

2The indicative map is not applied, adopted or incorporated by this regulation.

State managed boat harbour means 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)Mooloolaba State managed boat harbour;

(e)Rosslyn Bay State managed boat harbour;

(f)Scarborough State managed boat harbour;

(g)Snapper Creek State managed boat harbour;

(h)Urangan State managed boat harbour.

transport service means a service for carrying goods or passengers—

(a)within a State managed boat harbour; or

(b)that starts or ends in a State managed boat harbour.

Example—

a ferry service that starts in a State managed boat harbour and goes to an island outside the State managed boat harbour

transport service approval see section 24(5).

Urangan State managed boat harbour means the Urangan Boat Harbour shown as lot 253 on SP166261, lot 254 on SP150280 and lot 15 on SP171735.

Notes—

1To help users of this regulation, an indicative map showing the boundaries of the boat harbour is published on the department’s website.

2The indicative map is not applied, adopted or incorporated by this regulation.

whale watching service means a transport service involving carrying passengers in a ship to watch whales.