QueenslandCANALS ACT1958Reprinted as in force on 7 November
1997(includes amendments up to Act No. 40 of
1997)Reprint No. 1A *This reprint is
prepared bythe Office of the Queensland Parliamentary
CounselWarning—This reprint is not an authorised
copyNOT FURTHER AMENDEDLAST REPRINT
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made—see listof legislation and list of annotations in
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s13s2Canals Act 1958CANALS ACT
1958[as amended by all amendments that commenced
on or before 7 November 1997]AnActtomakeprovisionfortheregulationandcontroloftheconstruction, maintenance and use of
canals1Short titleThis Act may be
cited as theCanals Act 1958.2Interpretation(1)In
this Act—“access channel”means any
artificial channel constructed in tidal water inassociation with
the construction of a canal and connected or intendedto be
connected to such canal, and any training wall or other
worksassociated with such artificial channel, and
includes any addition to oralteration to any such artificial
channel, training wall or other works.“beachprotectionauthority”meanstheBeachProtectionAuthorityconstituted by
theBeach Protection Act 1968.“canal”means any
artificial channel or lake for use or intended for use fornavigational,ornamentalandrecreationalpurposes,oranyofthosepurposes, and
connected or intended to be connected with any tidalwater
so that the water of such artificial channel or lake becomes
or,on such connection, will become tidal water,
and includes any accesschannel, any addition to or alteration
of any canal, and any system ofcanals provided
in any subdivision of land.“coast”has the same
meaning as in theBeach Protection Act 1968.“coastal management”has
the same meaning as in theBeach ProtectionAct 1968.“construct”,inrelationtoacanal,includescommencetoconstruct,continue to
construct, carry out or carry on construction, and do ortake
or permit or allow to be done or taken any thing or step for or
in
s34s3Canals Act 1958connectionwiththeconstructionorcommencement,carryingout,carrying on or continuance of the
construction.“tidalwater”meanstidalwaterunderandwithinthemeaningoftheHarbours Act 1955.“vessel”means a vessel
under and within the meaning of theHarbours
Act1955.(2)InrelationtoBrisbaneCityCouncil,referencesinthis ActtotheLocal Government Act 1993,
shall be read as referring to that Act and theCity of Brisbane
Act 1924.(3)For the purposes
of this Act—“tidal water”includes all
those tidal waters contained in Dunlop’s Drainasdescribedintheschedulewithinthelimitssetoutinsuchdescription.3Liability relating to constructing canals
unlawfully(1)A person shall not—(a)construct any canal the construction
whereof has not been finallyapproved by the Governor in Council
under this Act; or(b)constructanycanalcontraryinanyrespecttotheplansandspecifications and other information
and particulars in respect ofwhichtheGovernorinCouncilfinallyapprovedoftheconstruction of that canal; or(c)constructacanalcontrarytoatermorconditionofthefinalapproval to
construct the canal; or(d)construct any
canal whose tidal water will not upon completionbe
connected to the sea other than across inundated land withinthe
meaning of theHarbours Act 1955, section 97A in
respect ofwhich the registered proprietor or where
that land is leased, thelessee, may restrict, regulate or
prohibit the use or movement ofvessels on, over,
through or beneath the waters thereof.Maximum penalty—2
000 penalty units and daily penalty not exceeding40
penalty units for each day during which the offence
continues.(2)The Minister may by signed notice
direct any person convicted of anoffence under
subsection (1) to restore, within such time as the Ministerspecifiesinthenotice,thelandinrelationtowhichtheoffencewas
s45s5Canals Act 1958committed to, as
nearly as practicable, its condition immediately prior tothe
commencement of the commission of the offence.(3)Apersontowhomanoticeundersubsection(2)isgivenshallcomply in every
respect with the direction therein contained.Maximumpenalty—$2000foreachandeverydayduringwhichthepersoninquestionfailsinanyrespecttocomplywiththedirectioncontained in the
notice.4Approvals required before commencement
of construction ofcanalA person who
proposes to construct a canal shall, before commencingthat
construction, apply for and obtain the provisional approval and,
subjectto obtaining that provisional approval, the
final approval prescribed by thisAct.5Provisional approval of construction
of canal(1)Application in writing for provisional
approval to construct a canalshall be made to
the chief executive and shall—(a)be in
the prescribed form; and(b)contain or be
accompanied by, according as may be prescribed,the prescribed
information and particulars; and(c)be
accompanied by the prescribed fee.(2)Upon
receipt of the application the chief executive—(a)shallreferacopythereoftothechiefexecutiveundertheTransport Operations (Marine Safety)
Act 1994and request thatchief executive’s
views as to the effects (if any) the constructionofthecanal,inwholeorpart,islikelytohaveinregardtonavigation in the locality concerned;
and(b)shall refer a copy thereof to the
beach protection authority andrequesttheauthority’sviewsastotheeffects(ifany)theconstruction of
the canal, in whole or part, is likely to have inregard to coastal management; and(c)may cause to be made such other
inquiries as the chief executivethinks fit for the
purpose of determining a recommendation to theMinister upon the
application.
s56s5Canals Act 1958(3)TheMinistershallmakeinrespectoftheapplicationarecommendation to the Governor in
Council.(3A)The Minister’s recommendation may
be—(a)that the application be refused;
or(b)that the application be granted in
whole or in part.(3B)The Minister may recommend the
approval in whole or in part oftheapplicationsubjecttomodificationsassetoutintheMinister’srecommendation
and, in any event, may recommend the approval in wholeor in
part of the application, and either with or without modifications,
uponand subject to all such terms and conditions
as the Minister deems fit.(4)The Governor in
Council may at the Governor in Council’s absolutediscretion—(a)refuse the application; or(b)grant the application in whole or in
part and in either such case,withorwithoutmodifications,anduponandsubjecttothecondition set out
in subsection (5) and to all other such terms andconditions(ifany)astheGovernorinCouncildeemsfitincluding, but without limit to the
generality of the Governor inCouncil’spowertoimposetermsandconditions,termsandconditionswithrespecttotheuseordisposalofspoilderivedfromthecanalincludingtermsandconditionsregulatingandcontrolling, and to the extent the
Governor in Council deems fit,prohibiting, such
spoil from being used for the purpose of raisingthe
level of any land.(5)Itshallbeaconditionuponwhichanyapplicationisgrantedthatrevetment adequate to the satisfaction of the
Governor in Council shall beprovidedforsomuchofthebed,orbanks,orbedandbanksoftheproposed canal as
the Governor in Council shall specify.(6)Where
an application relates in part to the construction of an
accesschannelinconnectionwiththeconstructionofacanal,itshallbeacondition upon which the application is
granted, if the Governor in Councilspecifies training
walls and other works to be provided in respect of theaccess
channel, that training walls and other works as so specified shall
beprovided to the satisfaction of the Governor
in Council.
s67s6Canals Act 19586Notice of provisional approval(1)The chief executive shall give to the
applicant notice in writing of thedecision of the
Governor in Council upon his or her application.(2)IftheGovernorinCouncilgrantsanapplicationforprovisionalapproval of a
proposal to construct a canal, the notice given to the
applicantpursuant to subsection (1) shall
specify—(a)whether or not the application has
been granted in whole or inpart and, if in part, the extent to
which it has been granted; and(b)the
modifications (if any) subject to which the approval has beengranted; and(c)the
terms and conditions (if any) subject to which the approvalhas
been granted; and(d)the period of time within which the
applicant shall comply withthe requirements of section 7.(3)The Governor in Council may, at the
Governor in Council’s absolutediscretion fix, and
to the extent the Governor in Council deems fit, fromtimetotimeextendorfurtherextendtheperiodoftimereferredtoinsubsection (2)(d), and any reference in
this Act to that period of time shallbe deemed to refer
to the same as fixed or, as the case may be, extended forthe
time being, by the Governor in Council.(3A)The
chief executive shall give to the applicant concerned notice
inwriting of any such extension.(4)The Governor in Council may approve
the transfer to another personof provisional
approval of a proposal to construct a canal granted by theGovernor in Council to an applicant.(5)Application in writing for such
approval shall—(a)be made by the proposed transferor and
the proposed transferee;and(b)be in
the prescribed form; and(c)be accompanied by
the prescribed fee.(6)Where the Governor in Council approves
the transfer, the transfereeshall—(a)bedeemedtohaveappliedforandobtainedtheprovisionalapproval;
and
s78s7Canals Act 1958(b)be
deemed to have taken and done all such prescribed steps andthings(ifany)thathaveuptothetimeofsuchapprovalbeentaken
and done or deemed to have been taken and done by thetransferor for the purpose of obtaining the
final approval of theGovernor in Council to the construction of
the canal; and(c)subjecttoanyfurthertransfer,betheapplicantforthefinalapproval.(7)The
chief executive shall give to the applicants notice in writing
ofthe decision of the Governor in Council upon
their application.7Final approval(1)Every
applicant who has obtained provisional approval of a
proposalto construct any canal shall, within the time
specified in the notice given tothe applicant
under section 6, take and do all such steps and things as
areprescribed for obtaining the final approval of
the Governor in Council tothe construction of that canal,
including by furnishing to the chief executiveall such plans,
specifications and other information and particulars as maybe
prescribed or, in so far as not prescribed, required by the chief
executiveas the chief executive thinks fit in the
circumstances of the particular case,including plans
and specifications of, and other information and particularsrelatingtotherevetmentproposedtobeprovidedtocomplywiththecondition specified in section
5(5).(1A)All such plans, specifications, and
other information and particularsshall be
authenticated in the manner required by the chief executive.(2)Ifanapplicantgrantedprovisionalapprovalofaproposaltoconstruct a canal fails to comply in
every respect with the requirements ofsubsections (1)
and (1A) within the period of time specified in the noticegiventotheapplicantundersection6,thatprovisionalapprovalshallthereupon and
thereby lapse and become and be void and of none effect.(3)Ifanapplicantgrantedprovisionalapprovalofaproposaltoconstruct a canal—(a)compliesineveryrespectwiththerequirementsofsubsections (1) and (1A); and(b)submitsplansandspecificationsandotherinformationandparticulars pertaining to the construction
of the canal satisfactoryto the Governor in
Council;
s89s8Canals Act 1958the Governor in
Council may give final approval to the construction of thecanal
in accordance with the plans and specifications and other
informationand particulars so satisfactory to the
Governor in Council and subject tosuch terms and
conditions (if any) as the Governor in Council considersappropriate.(3A)The
chief executive must, as soon as practicable after final
approvalis given to the construction of a canal, give
written notice of the details ofthe approval
to—(a)the applicant; and(b)the
registrar of titles.(4)The Governor in Council may approve
the transfer to another personoffinalapprovalgivenbytheGovernorinCounciltoanapplicantinrespect of the construction of a
canal.(5)Application in writing for such
approval shall—(a)be made by the proposed transferor and
the proposed transferee;and(b)be in
the prescribed form; and(c)be accompanied by
the prescribed fee.(6)Where the Governor in Council approves
the transfer, the transfereeshall be deemed to
have applied for and obtained the provisional approvaland to
have obtained the final approval.8When
dealings with land in subdivision which provides for a canalprohibited(1)Whenthechiefexecutiveissatisfiedthatacanalhasbeenconstructed in compliance in every
respect with—(a)the plans and specifications and other
information and particularsin respect of which the Governor in
Council finally approved ofthe construction of that canal;(b)the terms and conditions (if any) of
the final approval;thechiefexecutiveshallcertifyaccordinglytotheMinister,whoshallnotify in the
gazette the receipt by the Minister of such certificate and
thecontents thereof.(2)A
person shall not, either as principal or as agent, sell, agree to
sell,offertosell,offertoagreetosell,giveoragreetogiveanyoptionto
s
8A10Canals Act 1958s9purchase, or grant or agree to grant any
lease or licence in respect of, anylandinasubdivisionoflandwhichprovidesforacanalbeforetheapplicantreceivesnoticeofthefinalapprovalundersection7(3A)inrelation to the canal specified in subsection
(1).Maximum penalty—100 penalty units.(3)Everytransactionrelativetolandwhichcontravenesthissectionshallbe
absolutelyvoid and ofno legaleffectwhatsoeversavethatanymoneys
paid in respect of the transaction shall be recoverable by the
payerfrom the payee.8AContinued application of Land Sales Act,
parts 2, 3 and 4(1)Notwithstanding the provisions of
theLandSales Act1984for thepurposes of the
application of theLand Sales Act 1984, parts 2 and 4
inrespect of proposed allotments (within the
meaning of that Act) comprisedof land within a
subdivision of land which provides for a canal, that landshall,
notwithstanding the registration of the plan of subdivision and
anyissue of a separate instrument of title,
continue to be relevant land until thepublication of the
notification in the gazette referred to in section 8(1) inrespect of that canal.(2)For
the purposes of subsection (3)—“plan”shall
have the same meaning as in theLand Sales Act
1984.(3)Notwithstanding
the provisions of theLandSales Act1984for thepurpose of the
application of theLandSalesAct1984, parts 3 and 4
inrespectofaproposedlot(withinthemeaningofthatAct)whichisaproposed lot
within a subdivision of land which provides for a canal,
thatproposedlotshall,notwithstandingtheregistrationoftheplanandanyissue of a separate instrument of
title, continue to be a proposed lot untilthe publication of
the notification in the gazette referred to in section 8(1)in
respect of that canal.9Subdivision of
land which provides for canal(1)The
following provisions apply with respect to a subdivision of
landwhich provides for any canal—(a)theplanofthatsubdivisionshalldefinebymetesandboundsseparately from
any and every other subdivision included in theplan, the land
whereon the canal is to be constructed, and shalldescribe the land so defined appropriately to
the descriptions of
s
911s 9Canals Act
1958allothersubdivisionsincludedintheplan,andshallclearlyindicate that the land so defined is required
for the canal;(b)the Governor in Council may refuse to
give consideration to theapplication for provisional approval
to construct the canal unlessand until the
applicant satisfies the Governor in Council that thelocal
government will approve the plan of that subdivision;(c)additionallytoallconsiderationsspecifiedintheLocalGovernment Act 1936, section 34 the
local government shall takeinto consideration the disposal of
sewage and shall not approvethe subdivision
unless and until it is satisfied that sewage fromthe
subdivided lands will not be discharged into the canal andwillbecapableofbeingdisposedofinamannerwhichwillensure against any pollution of the
canal or any water therein;(d)the Governor in
Council shall refuse to give final approval to theconstruction of the canal unless and until
the local governmenthas approved the plan of that
subdivision;(e)theapprovalbythelocalgovernmentoftheplanofthatsubdivision shall not have any force
or effect in law unless anduntiltheGovernorinCouncilshallgive,asprescribed,finalapproval to the construction of the canal
and accordingly, if suchfinal approval is refused, the approval
by the local governmentshall be, and be deemed to have always
been, void and of noneeffect in law;(f)theregistraroftitlesorotherpersonchargedwithregisteringinstruments of
title to any land shall not register any instrumentdealingwithanylandinasubdivisionwheretothissectionapplies (other
than a transfer surrendering to the Crown) unlessand
until a plan of that subdivision bearing both the approval
ofthe local government and the final approval
of the Governor inCouncilhereinbeforereferredtointhissectionandatransfersurrendering to
the Crown all land defined in that plan as the landwhereonthecanalistobeconstructedareregisteredintheregistraroftitles’officeandthenotificationreferredtoinsection 8(1) in
respect of that canal is published in the gazette.(2)However,thesaidregistrarorotherpersonshallnotregisteratransfersurrenderingtotheCrownanylanddefinedinanyplanofsubdivision which provides for a canal as
being the land whereon the canalis to be
constructed unless and until a plan of that subdivision bearing
boththe approval of the local government and the
final approval of the Governor
s
1012s 10ACanals Act
1958inCouncilhereinbeforereferredtointhissectionisregisteredintheregistrar’s office.10Consequences of connection of canal with
tidal water(1)Onandfromthetimewhenacanalisconnectedwithanytidalwater—(a)if that tidal water is within the
limits of a harbour—that canalshall become and
be included in and form part of that harbour;and(b)if that tidal water is not within the
limits of a harbour—that canalshall become and
be included in and form part of that tidal water;and
all of the provisions of theTransport
Infrastructure Act 1994and theTransport
Operations (Marine Safety) Act 1994shall apply and
extend tosuchcanalsubject,however,toallsuchmodificationsandadaptationsthereof as are
necessary to give operation and effect to this Act.(1A)However,whereanactoromissionconstitutesanoffencebothunder
this Act and under any other Act mentioned in subsection (1),
theoffender may be prosecuted and punished under
either this Act or the otherAct in question
but so that the offender is not twice punished for the sameoffence.(2)Any
right of navigation belonging to or enjoyed by the public
overtidalwatershall,subjecttothisActandtheotherActsmentionedinsubsection (1), extend to the tidal water in
any canal.10A Consequences of connection of access
channel with canal(1)On and from the time when an access
channel is connected with anycanal—(a)if the tidal water within the access
channel is within the limits ofaharbour—thataccesschannelshallremainaspartofthatharbour;(b)ifthattidalwaterisnotwithinthelimitsofaharbour—thataccess channel
shall remain as part of that tidal water;and all of the
provisions of theTransport Infrastructure Act 1994and
theTransport Operations (Marine Safety) Act
1994shall apply to the accesschannel subject, however, to all such
modifications and adaptations thereofas are necessary
to give operation and effect to this Act.
s
1113s 11Canals Act
1958(2)Any right of navigation belonging to
or enjoyed by the public overtidalwaterapplies,subjecttothis
Actandtheother Actsmentionedinsubsection (1), in respect of the tidal water
in an access channel.11Maintenance of
canals(1)Alocalgovernmentshallpreserve,maintainandkeepcleananycanal within its area, whether
constructed—(a)before or after the commencement of
theCanals Act AmendmentAct 1979;(b)under the
authority or sanction of this Act or any other Act.(2)It is hereby declared that—(a)such preserving, maintaining and
keeping clean as aforesaid is afunction of local
government;(b)for the purposes of this section and
for the purposes of theLocalGovernmentAct1993,theexpression“canal within its
area”occurringinsubsection(1)includesanyaccesschannelconstructedinassociationwiththeconstructionofacanalalthough such
access channel is not within the area of the localgovernment in question;(c)“canal”occurring in
subsection (1) includes any access channel,whetherconstructedbeforeorafterthecommencementoftheCanalsActAmendmentAct1979,approvalorsanctionfortheconstruction of which has been granted
according to law prior tothe commencement of that Act.(3)Where a local government pursuant to
the provisions of theLocalGovernment Act
1993makes and levies a special rate or a
separate rate forthe function of local government referred to
in subsection (2), the whole orpart of the moneys
received in respect of the special rate or separate ratemay,atthediscretionofthelocalgovernmentandnotwithstandingtheprovisions of the said Act, be transferred
from the special fund or separatefund established
by the local government under the said Act in respect ofthe
special rate or separate rate levied to a canal maintenance reserve
fundreferredtoinsubsection(4)forthepurposeofequalisingexpenditurenecessarilyincurredintheexerciseandperformanceofthefunctionoflocal
government as aforesaid.(4)Thelocalgovernmentshallestablishacanalmaintenancereservefund
where, pursuant to subsection (3), moneys are transferred from
the
s
1214s 13Canals Act
1958specialfundorseparatefundforthepurposeofequalisingexpenditurenecessarilyincurredintheexerciseandperformanceofthefunctionoflocal
government as aforesaid.(5)Acanalmaintenancereservefundshallconsistofthemoneystransferredfromthespecialfundorseparatefundpursuanttosubsection (3), and shall be applied to
expenditure necessarily incurred intheexerciseandperformanceofthefunctionoflocalgovernmentasaforesaid.(6)TheprovisionsoftheLocalGovernmentAct1993inrespectofreserve funds kept by a local
government under that Act shall apply andextendtoacanalmaintenancereservefundkeptbyalocalgovernmentpursuant to this Act.12Protection in respect of construction of
access channelAperson,beinganapplicantunderthis
Acttoconstructacanaltheapplicationinrespectofwhichrelatesinparttotheconstructionofanaccesschannelinconnectionwiththeconstructionofthecanal,whoreceives from the Governor in Council final
approval to the constructionpursuant to
section 7(3) or (4) and who, in relation to such
construction,acts in accordance with such approval is not
liable to action or indictmentor process of law
for nuisance, encroachment or obstruction or other likecause
on account of the commencement, construction or placement of
theaccess channel as aforesaid.13Existing canals(1)In
and for the purposes of this section and of section 14—“existing canal”meansanyandeveryoneofthosecanalsprovidedorproposedtobeprovidedinrespectofsubdivisionsoflandscalledrespectively—(a)Florida Gardens; and(b)Miami
Keys; and(c)Rio Vista; and(d)Moana;within the area of
the shire of Albert in respect whereof permissions for thepurposesoftheHarboursAct1955,section59,wereappliedforandgranted prior to
the passing of this Act.
s
1315s 13Canals Act
1958(1A)However, a canal provided for in any
plan of subdivision of any ofthe lands
mentioned in subsection (1) not registered by the registrar of
titlesprior to the passing of this Act shall not
be, or be deemed to be, an existingcanal for the
purposes of this section or of section 14 unless and until
theMinister makes on that plan the endorsement
prescribed by subsection (3).(2)Whenanyplanofsubdivisionofanyofthelandsmentionedinsubsection (1) which provides for any
canal shall have been approved bythe council of the
shire of Albert and registered by the registrar of titlesprior
to the passing of this Act, then that canal shall be presumed to be
anexisting canal unless and until the contrary
is proved.(3)Whenanyplanofsubdivisionofanyofthelandsmentionedinsubsection (1) not registered by the
registrar of titles prior to the passing ofthis Act provides
for any canal which purports to be an existing canal, thenthe
registrar of titles shall not register that plan unless and until
the Ministerendorses thereon a certificate that such canal
is an existing canal.(3A)The onus shall
lie on the applicant for the endorsement referred toin
this section to satisfy the Minister that the purported existing
canal is inallrespectsthecanalinrespectwhereofthepermissionmentionedinsubsection (1) was given and the
Minister shall not make the endorsementunless and until
the Minister is so satisfied.(3B)TheMinistershallnotmakeanendorsementpursuanttothissection upon any
plan of subdivision which does not comply in all respectswith
the requirements of section 9(1)(a).(4)All
lands defined in a plan of subdivision as being required for
theconstruction of any existing canal shall by
virtue of the registration by theregistrar of
titles of that plan be deemed to be transferred and
surrenderedto the Crown—(a)in
the case of such a plan so registered prior to the date of
thepassing of this Act—on and from the date of
the passing of thisAct; and(b)in
the case of such a plan so registered on or after the date of
thepassing of this Act—on and from the date
when the plan is soregistered.(4A)However,inthecaseofaplanmentionedinsubsection(4)(a)whichdoesnotcomplyinallrespectswiththerequirementsofsection 9(1)(a), the registrar of titles
shall not register any dealing relatingto any subdivision
comprised in the plan (other than a transfer surrenderingtotheCrown)unlessanduntiltheregistrarissatisfiedthatatransfer
s
13A16Canals Act 1958s 14surrendering to the Crown all land in that
plan whereon any canal is or is tobe constructed is
registered in the registrar’s office.(5)Sections3to9donotapplytoexistingcanalsbut,savethosesections, all of the provisions of this Act
apply to existing canals.13A Palm Gardens Estate and Anglers’
Paradise Estate(1)Subjecttothissection,anycanalprovidedinrespectofthesubdivisionsoflandwithintheareaofthecityofGoldCoastcalledrespectively Palm Gardens Estate and Anglers’
Paradise Estate shall be an‘existing canal’ for the purposes of
the provisions of section 13, as appliedwith modifications
by this section, and section 14.(2)Forthepurposesofapplyingtheprovisionsofsection13asprescribed by this section, that
section shall be read and construed as if—(a)thewords‘passingof“TheCanalsActAmendmentActof1959”’weresubstitutedforthewords‘passingofthisAct’,wherever those words occur; and(b)thewords‘cityofGoldCoast’ weresubstitutedforthewords‘shire of Albert’
wherever those words occur; and(c)thewords‘inrespectwhereofpermissionsforthepurposesofsection 59 of “The Harbours
Acts, 1955 to 1956”, were appliedforandgrantedpriortothepassingofthis Act’ wereomittedfrom
subsection (1).14IndemnityNoactionfordamagesorotherrightorremedywhatsoevershalllieagainst the Crown, the Minister, the chief
executive, the beach protectionauthority,thechiefexecutiveundertheTransportOperations(MarineSafety) Act 1994or a local
government, or any officer, employee or agent ofany of them, in
respect of any disturbance of the right of support of anylandincludedinasubdivisionwhichprovidesforanycanalfinallyapproved under this Act or existing canal or
other damage whatsoever toany such land or any improvement on any
such land, caused by or resultingfrom the
provision, construction or existence of the canal, or the state
andcondition of the canal, or the doing of or
omission to do anything by a localgovernmentundersection11orthemannerinwhichanysuchthingisdone.
s
1517s 16Canals Act
195815Offences(1)Any
person who contravenes or fails to comply with any provision
ofthis Act shall be guilty of an offence
against this Act.(2)Everypersonwhoaids,causesorprocures,orisinanywayknowingly concerned in the commission
of an offence against this Act shallbe deemed to have
committed that offence and may be proceeded againstand
shall be punishable accordingly.Summary
proceedings(3)All offences against this Act may be
prosecuted in a summary wayunder theJustices Act
1886, upon the complaint of any person
thereuntoauthorised by the Minister.Time
for commencement of prosecution(4)A
prosecution for an offence against this Act may be instituted at
anytimewithin12monthsafterthecommissionoftheoffenceorwithin6 months after the
commission of the offence comes to the knowledge ofthe
complainant, whichever is the later period.General penalty
etc.(5)Any person guilty of an offence
against this Act shall, if no specificpenalty is
provided for that offence, be liable to a penalty not
exceeding20 penalty units.(6)In
this Act, a penalty for an offence expressed as a number of
penaltyunitsmeansapenaltyofanamountequaltotheproductobtainedbymultiplyingthenumberofpenaltyunitsreferredtobythevalueofapenalty unit as
prescribed by thePenaltyUnits Act1985at the time theoffence,inrespectofwhichthereferencetopenaltyunitsismade,occurred.16Liability for offences by bodies
corporate(1)Where a body corporate offends against
this Act each and every oneof the following persons shall be
deemed to have committed the offence,andshallbeliabletobeproceededagainstandpunishedaccordingly,namely—(a)themanagingdirector,managerorothergoverningofficer,bywhatever name called, and every member of
the governing body,by whatever name called
thereof;
s
1718s 17Canals Act
1958(b)every person who in Queensland manages
or acts or takes part inthe management, administration, or
government of the businessin Queensland of the body
corporate.(2)This section applies so as not to
limit or affect howsoever the liabilityof a body
corporate to be proceeded against and punished for an
offenceagainst this Act committed by it.17Regulations(1)The
Governor in Council may from time to time make regulationsproviding for all or any purposes, either
general or to meet particular cases,thatintheGovernorinCouncil’sopinionareconvenientfortheadministration of this Act or that in
the Governor in Council’s opinion arenecessaryorexpedientforcarryingouttheobjectsandpurposesofthisAct.(1A)Without limiting the generality of
subsection (1), regulations maybe made for or in
respect of all or any of the following purposes, mattersand
things—(a)prescribing forms under this Act and
the purposes respectivelyfor which such forms shall be
used;(b)prescribing the matters in respect of
which fees shall be payableand the amounts of such fees,
prescribing the persons who shallbe liable for the
payment of such fees, providing for the time andmannerofpaymentofsuchfees,andfortherecoveryofanyamount thereof
not duly paid;(c)prescribingtheinformationandparticularsrequiredtobecontainedinortoaccompanyanapplicationforprovisionalapproval to
construct a canal;(d)prescribing the things and steps
required to be done and taken toobtainthefinalapprovaloftheGovernorinCounciltotheconstructionofacanalincludingtheplans,specificationsandotherinformationandparticularstobefurnishedtothechiefexecutive;(e)regulating and controlling the right
of navigation belonging to orenjoyed by the
public over the tidal water in any canal includingthe
use of the tidal water in any canal or part of a canal by
anyvessels, and the mooring, anchoring or
placing of any vessels inany canal or part of a
canal;
s
1719s 17Canals Act
1958(f)safeguarding and in particular
securing against trespass, injury,pollution,obstruction,disturbance,misuse,orusefororinconnection with
any purpose not authorised under this Act anyland whereon any
canal is constructed, the bed and banks of andwater in such
canal, and any revetment or other thing connectedwith
that canal or the construction or use thereof;(g)providingforandregulatingandcontrollingthedischargeofstorm
water into any canal;(h)prohibiting in
relation to land whereon any canal is constructed,that
canal and the waters therein all such acts and things as in
theopinion of the Governor in Council are
detrimental to the safety,convenience or health of the
public;(i)prescribing the amount of any penalty
for any offence against anyregulation,providedthatanysuchpenaltyshallnotexceed20 penaltyunitsor,wheretheoffenceisacontinuingone,2
penalty units for each and every day during which the
offenceis continued;(j)prescribing all matters or things which by
this Act are required orpermitted to be prescribed.(2)The power to make any regulation under
this Act shall include powerto make that
regulation so that it may be of general or specially limitedapplicationaccordingtotime,place,purposes,personsorvessels,orpersonsorvesselsincludedinanyclassthereof,orcircumstancesorotherwise as is prescribed and so that any
regulation of specially limitedapplication may or
may not differ from any other regulation of speciallylimitedapplicationwithrespecttothesamepersons,vessels,mattersorthings.(3)The
power to make any regulation under this Act shall include
powerthereby to prohibit or restrict either
generally or to meet particular cases.(4)This
section shall apply so as not to limit or affect howsoever
theapplication and extension with respect of any
canal of any regulation underany of the Acts
mentioned in section 10 save that every such regulationshallsoapplyandextendwithandsubjecttoallsuchadaptationsandmodifications thereof as are necessary to give
operation and effect to thisAct, including any
and every regulation hereunder.
20Canals Act 1958SCHEDULECANALS ACT 1958section
2(3)DESCRIPTION—DUNLOP’S DRAINparish of Gilston, county of WardAll
those tidal waters contained in Dunlop’s Drain within the
followinglimits—Commencing at a
point on the high water mark of an unnamed creek, atributary of Little Tallebudgera Creek,
parish of Gilston, county of Ward,whichsaidpointbears51degrees50minutes(Magnetic)andisdistant593.45metresfromthenorth-westerncornerofresubdivison31ofsubdivision11ofportion66,parishofGilstonaforesaid,andboundedthence by a line
bearing 165 degrees for a distance of 11.28 metres to highwater
mark on the right bank of the unnamed creek aforesaid, and
boundedthence upstream by the right bank of tidal
drain bearing generally southerlyto a point on high
water mark which said point bears 90 degrees and isdistantapproximately402.34metresfromthesouth-westerncornerofresubdivison 54 of subdivision 11 of
the aforesaid portion 66, as shown onplan catalogued
Southport 3121-7 in the head office of the Department ofHarbours and Marine, and thence bounded by a
line bearing 89 degrees53 minutes 50 seconds for about 3
metres and thence bounded generally ina southerly
direction by the lines shown on plan catalogued number
312-28in the head office of the Department of
Harbours and Marine, as far as thesouth-eastern
corner of the area on the aforesaid plan and thence boundedbyalinebearing270degreesforadistanceof57.868metrestothesouth-westerncorneroftheaforesaidarea,andthencefromthiscornerboundedgenerallyinanortherlydirectionbylinesshownonplancatalogued3120-28intheheadofficeofDepartmentofHarboursandMarine, as far as the north-eastern corner of
Lot 174 on R.P. 187683 in theTitlesOffice,Brisbane,thencebyalinebearing89degrees52minutes50 seconds for
about 63 metres to a point on high water mark on the leftbank
of the aforesaid tidal drain, and bounded thence downstream
alongthelineofhighwatermark,bearinggenerallynortherlytothepointof
21Canals Act 1958SCHEDULE
(continued)commencement,includingalltidaltributariesthereof,asshownonplancataloguedSouthport3121-7intheheadofficeoftheDepartmentofHarbours and Marine.
23Canals Act 19584Table of earlier reprintsTABLE
OF EARLIER REPRINTS[If a reprint number includes a roman
letter, the reprint was released in unauthorised,electronic form only.]Reprint
No.1Amendments includedto
Act No. 68 of 1992Reprint date22 December
19955Tables in earlier reprintsTABLES IN EARLIER REPRINTSName
of tableChanged citations and remade lawsChanged names and titlesObsolete and
redundant provisionsCorrected minor errorsRenumbered
provisionsReprint No.111116List of
legislationCanals Act 1958 7 Eliz 2 No. 17date
of assent 7 May 1958commenced on date of assentas
amended by—Canals Act Amendment Act 1959 8 Eliz 2 No.
76date of assent 23 December 1959commenced on date of assentCanals
Acts Amendment Act 1960 9 Eliz 2 No. 30date of assent 12
December 1960commenced on date of assentCanals
Act Amendment Act 1979 No. 16date of assent 15
May 1979commenced on date of assentBeach
Protection Act and Another Act Amendment Act 1984 No. 65 pt
3date of assent 12 September 1984ss
1–2 commenced on date of assent (see s 2(1))remaining
provisions commenced 22 December 1984 (proc pubd gaz 22
December1984 p 2298)
24Canals Act 1958Canals Act
Amendment Act 1987 No. 20date of assent 23 April 1987commenced on date of assentHarbours Act and Other Acts Amendment Act
1987 No. 63 pt 6date of assent 16 November 1987commenced on date of assentStatute Law (Miscellaneous Provisions) Act
1989 No. 103 s 3 schdate of assent 25 October 1989commenced on date of assent (see s
2(1))Public Service (Administrative Arrangements)
Act 1990 No. 73 s 3 sch 5date of assent 10 October 1990ss
1–2 commenced on date of assent (see s 2(1))remaining
provisions commenced 24 November 1990 (proc pubd gaz 24
November1990 p 1450)Statute Law
(Miscellaneous Provisions) Act (No. 2) 1992 No. 68 ss 1–3 sch
1date of assent 7 December 1992commenced on date of assentLand
Sales and Land Title Amendment Act 1997 No. 40 ss 1–2 schdate
of assent 25 Augustcommenced on date of assent7List of annotationsInterpretations 2amd
1960 9 Eliz 2 No. 30 s 2def“access
channel”ins 1979 No. 16 s 2(a)def“area”om R1 (see RA s
39)def“beach protection authority”ins
1984 No. 65 s 52(a)def“canal”amd 1979 No. 16 s
2(b)def“coast”ins 1984 No. 65 s
52(b)def“coastal management”ins
1984 No. 65 s 52(b)def“Director-General”ins 1984 No. 65 s
52(c)sub 1990 No. 73 s 3 sch 5om R1
(see RA s 39)def“Harbour Board”om 1979 No. 16 s
2(c)def“Harbours Trust”om 1979 No. 16 s
2(c)def“local authority”om R1 (see RA s
39)def“Marine Board”om R1 (see RA s
39)def“Minister”sub 1990 No. 73 s
3 sch 5om R1 (see RA s 39)def“person”om R1 (see RA s
39)def“vessel”amd 1984 No. 65 s
52(d)def“Year”om 1984 No. 65 s
52(e)Liability relating to constructing canals
unlawfullys 3amd 1979 No. 16 s 3; 1987 No. 63 s
118; 1992 No. 68 s 3 sch 1
25Canals Act 1958Provisional
approval of construction of canals 5amd
1979 No. 16 s 4; 1984 No. 65 s 53; 1990 No. 73 s 3 sch 5Notice
of provisional approvals 6amd 1979 No. 16 s
5; 1984 No. 65 s 54; 1990 No. 73 s 3 sch 5Final
approvals 7amd 1979 No. 16 s 6; 1984 No. 65 s 55;
1990 No. 73 s 3 sch 5; 1992 No. 68s 3 sch 1When
dealings with land in subdivision which provides for a canal
prohibiteds 8amd 1979 No. 16 s 7; 1984 No. 65 s 56;
1987 No. 20 s 2; 1987 No. 63 s 119;1989 No. 103 s 3
sch; 1990 No. 73 s 3 sch 5; 1992 No. 68 s 3 sch 1Continued application of Land Sales Act,
parts 2, 3 and 4s 8Ains 1987 No. 20 s 3amd
1997 No. 40 s 2 schSubdivision of land which provides for
canals 9amd 1987 No. 20 s 4Consequences of connection of canal with
tidal waters 10amd 1979 No. 16 s 8; 1987 No. 63 s
120Consequences of connection of access channel
with canals 10Ains 1979 No. 16 s 9Maintenance of canalss 11sub
1979 No. 16 s 10Protection in respect of construction of
access channels 12sub 1979 No. 16 s 11Existing canalss 13amd
1984 No. 65 s 57Palm Gardens Estate and Anglers’ Paradise
Estates 13Ains 1959 8 Eliz 2 No. 76 s 2Indemnitys 14amd
1979 No. 16 s 12; 1984 No. 65 s 58; 1990 No. 73 s 3 sch 5Offencess 15amd
1979 No. 16 s 13; 1987 No. 63 s 121Regulationss
17amd 1979 No. 16 s 14; 1984 No. 65 s 59; 1987
No. 63 s 122; 1990 No. 73 s 3sch 5Publication of orders in council and laying
before Legislative Assemblys 18sub 1984 No. 65 s
60om 1992 No. 68 s 3 sch 1When artificial
channel or lake to be a canals 19om
1987 No. 20 s 5
