QueenslandSouth East
Queensland Water Board (Reform Facilitation) Act 1999SOUTHEASTQUEENSLANDWATERBOARDBY-LAW1991Reprinted as in force on 17 March
2002(includes amendments up to SL No. 18 of
2000)This is the reprint current on the repeal
dateReprint No. 1BThis reprint is
prepared bythe Office of the Queensland Parliamentary
CounselWarning—This reprint is not an authorised
copy
Information about this reprintThis
by-law is reprinted as at 17 March 2002.The reprint shows
the law as amended byall amendments that commenced on or
before that day (Reprints Act 1992 s 5(c)).The reprint
includes a reference to the law by which each amendment was
made—see listof legislation and list of annotations in
endnotes.Minor editorial changes allowed under the
provisions of the Reprints Act 1992 have beenmade to use
aspects of format and printing style consistent with current
drafting practice(s 35).This page is
specific to this reprint.See previous reprints for information
about earlierchanges made under the Reprints Act
1992.A table of earlier reprints is included in
theendnotes.Also see endnotes
for information about—•when provisions
commenced•editorial changes made in earlier
reprints.
s13s2South
East Queensland Water Board By-law 1991SOUTH EAST
QUEENSLAND WATER BOARDBY-LAW 1991[as amended by
all amendments that commenced on or before 17 March 2002]PART
1—PRELIMINARY1Short titleThis by-law may
be cited as theSouthEastQueensland WaterBoardBy-law 1991.2InterpretationIn this
by-law—“authorisedofficer”meansapersonappointedbytheBoardundersection
3;“Board land”means land owned
by or under the control of the Board andall works,
amenities and facilities in or on the Board land;“camp”includes—(a)to erect a tent or other camping
structure; or(b)toliveorsleepintemporaryquartersincludingacaravan,campervan or
lodge; or(c)to remain overnight;on
Board land;“fauna”hasthemeaningassignedtoitbytheFaunaConservationAct 1974;“forest products”has the meaning
assigned to it by theForestry Act 1959;“guide
dog”has the meaning assigned to it by theGuide Dogs Act 1972;“motorboat”meansanyvesselpropelledbymechanicalpowerfromeither an
outboard or an inboard engine;
s34s4South
East Queensland Water Board By-law 1991“navigate”includes being in charge of a vessel during
periods when thevessel is at anchor or moored;“permit”means a permit
under this by-law, in force at the material time;“person”includes any
partnership or other association or body of persons,corporate or unincorporate;“reserve”means a separate
or identifiable area of Board land together withall works,
amenities and facilities in or on the land indicated by a
signand reserved for recreational purposes
specified by the Board;“reservoir”means a
reservoir on Board land;“take”has the meaning
assigned to it by theFishing Industry Organizationand
Marketing Act 1982;“vehicle”hasthemeaningassignedtoitbytheTransportOperations(Road Use
Management) Act 1995;“vessel”includes any ship, boat, and any other
description of vessel usedor designed for use for any purpose on
water or in navigation, andincludes,forexample,anydinghy,lighter,barge,punt,hulk,raft,houseboat, pontoon, seaplane, air cushion
vehicle or like vessel.3Appointment of
authorised officers(1)For the purposes of this by-law, the
Board may appoint any person asan authorised
officer.(2)An appointment under subsection
(1)—(a)is to be in writing; and(b)may be made either generally or in a
particular case.(3)TheBoardistoissuetoanauthorisedofficerappointedundersubsection (1) an identity card in such form
as the Board thinks fit.(4)An authorised
officer, when exercising the powers conferred by thisby-law, is to produce the identity card for
inspection at the request of anyperson.4Signs(1)The
Board may, by means of signs, regulate and control or
prohibittheaccesstoanduseofBoardlandbypersons,animals,vehiclesandvessels of any class or
description.
s55s7South
East Queensland Water Board By-law 1991(2)A
sign is to indicate the Board’s directions or requirements.(3)Asignmaybeintheformofanofficialtrafficsignwithinthemeaning of theTransportOperations(RoadUseManagement) Act1995and
is to have the meaning attributed to the corresponding official
trafficsign by that Act.PART 2—ACCESS TO
BOARD LAND5Access to Board land(1)A person must not enter Board land or
remain on Board land exceptin accordance
with this by-law.(2)Subjecttosubsections(3)and(4),allBoardlandiscontinuouslyopen to the
public between sunrise and sunset.(3)The
Board may prohibit the use by the public of any reserve for
theperiods and during the times it thinks fit, by
signs exhibited in the vicinityof that
reserve.(4)TheBoardmayprohibitaccesstoBoardlandoneitherofthefollowing grounds—(a)public safety;(b)tocarryoutconstruction,cleaning,mowing,clearingoranyrelated
activity.6Entrance or exitA person must
not—(a)enter Board land except by the
entrance provided; or(b)leave Board land
except by the exit provided.7Order
to leave Board land(1)Anauthorisedofficermayorderanypersonwhomtheauthorisedofficer finds
committing a breach of this by-law, or whom the authorisedofficer suspects on reasonable grounds to have
committed a breach of thisby-law, to leave the Board land
immediately.
s
86s 10South East
Queensland Water Board By-law 1991(2)Whenever a person is ordered to leave Board
land—(a)theauthorisedofficeristostatetothatpersontheauthorisedofficer’s reasons
for ordering the person to leave; and(b)the
person must leave immediately.8When
re-entry is a breachAny person who has left Board land
upon being ordered to do so by anauthorised officer
pursuant to section 7, commits a breach of this by-law ifthe
person re-enters Board land on the same day.PART 3—USE OF
BOARD LAND—LAND–BASEDACTIVITIES9Camping permit(1)A
person must not camp on Board land or occupy Board land for
thepurpose of camping, except under the
authority of a permit issued by anauthorised
officer.(2)An authorised officer may—(a)refuse an application for a camping
permit for good cause shown;or(b)grantanapplicationforacampingpermitonsuchtermsandconditions as the officer thinks
fit.10Use of Board land—permit
requiredA person must not—(a)setuporoperatealoudspeaker,soundamplifyingdeviceorgenerator; or(b)engage in or address any meeting or
assembly; or(c)takepartinanyorganisedsportingactivity(exceptonlandreserved by the
Board for that purpose); or(d)solicit donations; or
s
117s 12South East
Queensland Water Board By-law 1991(e)distribute any handbills, tickets, placards,
notices or literature; or(f)trade in any
commodity or sell, let or hire, or offer or exhibit forsale, letting or hiring, any article or
service; or(g)dig, disturb, or remove or cause or
allow to be dug, disturbed orremoved, any
grass, turf, manure, soil, earth, clay, gravel, sand,stone, mineral or any other material
whatsoever; or(h)operate any mechanically-powered model
aircraft;onBoardland,exceptundertheauthorityofapermitissuedbyanauthorised
officer.11Nuisance or annoyance to publicA
person must not, on Board land—(a)be
under the influence of alcohol or any unlawful drug; or(b)behave in a riotous, disorderly,
indecent, offensive, threatening orinsulting
manner; or(c)use profane, indecent or obscene
language; or(d)use any threatening, abusive or
insulting words; or(e)operateanyradio,cassette,tapeorrecordplayerortelevisionreceiver at a
volume likely to cause a nuisance or annoyance toany
member of the public.12Not to litter,
damage, remove etc.(1)A person must not, on Board
land—(a)scatter, drop or throw down handbills,
tickets, placards, noticesor literature; or(b)pollute any river, creek, stream, waterhole
or water supply; or(c)damage or injure, or cause to be
damaged or injured, any forestproducts or
fauna; or(d)discharge a firearm or fireworks;
or(e)remove, displace or interfere with a
sign—(i)used, constructed, or adapted to be
used for the exhibition ofa copy of a by-law or notice;
and
s
128s 12South East
Queensland Water Board By-law 1991(ii)placed or caused to be placed by the Board
or an authorisedofficer in or on a building or other
structure; or(f)remove,displaceorinterferewithacopyofaby-laworsignattachedtoorotherwisepaintedorfastenedonabuildingorother structure; or(g)affix
or post a bill, placard, or notice to or upon a wall or fence
onor enclosing Board land, a tree, part of a
building, barrier, railing,fixed or movable
seat, or other structure; or(h)throw or discharge a stone or other missile
of any kind; or(i)deface, injure, destroy, soil, defile,
remove or displace a wall orfence on or
enclosing Board land or a building, barrier, railing,seat
or other structure, monument, work of art, ornament, statue,statuette or decoration; or(j)light or cause to be lit, a fire other
than in a properly constructedfireplace
provided by the Board; or(k)leave
unattended, or go a distance of more than 200 m from, afire
lit by the person without completely extinguishing that fire;or(l)negligently or
deliberately cause, permit or allow a water tap tobe
left running; or(m)organise or play a game that is likely
to interfere with the safetyor comfort of
members of the public or to damage Board land oranything appertaining thereto; or(n)enter any building or other structure
that has been indicated by asign for use by
persons of the opposite sex; or(o)walk
or run over, or stand, sit or lie upon a flower bed, shrub,
fernorotherplant,oranygroundinthecourseofpreparationforcultivation, as a flower bed or for the
reception or growth of ashrub, fern or other plant; or(p)remove or displace an implement,
utensil, apparatus, applianceor article
provided for use, or used or adapted to be used, in thelaying out, planting, improvement or
maintenance of a reserve, orinthecare,cultivationorprotectionoftree,sapling,shrub,underbrush,
fern, herb or other plant.(2)Subsection
(1)(n) does not apply to children under the age of 5
years.
s
139s 15South East
Queensland Water Board By-law 199113Driving or riding vehicles(1)A person must not drive or ride a
vehicle or cause or permit or allowa vehicle to be
driven or ridden on Board land—(a)other than on a carriageway; or(b)onacarriageway,ataspeedgreaterthanthemaximumspeedprescribed by signs erected by the Board for
that carriageway; or(c)in a manner that
may cause the vehicle to swerve, veer or turnviolently;
or(d)at such speed and in such a manner as
may endanger the driver orrider or endanger or inconvenience any
other person.(2)A person must not drive or ride a
vehicle on Board land unless thepersonistheholderofacurrentlicenceissuedundertheTransportOperations (Road
Use Management) Act 1995to drive or ride that class ofvehicle.14Parking vehiclesA person must
not park a vehicle or cause, permit or allow a vehicle tobe
parked on Board land—(a)in an area where
designated parking spaces are provided—in aplace other than
in a designated parking space; or(b)in
an area where no designated parking spaces are provided—in apositionwherethevehiclemaybeanuisanceorimpedethemovement and flow of normal traffic through
the area.15Animals on Board landA
person must not cause, permit or allow—(a)ananimalbelongingtothatpersonorinthatperson’scharge,except a guide dog, to enter or remain on a
reserve; or(b)an animal belonging to that person or
in that person’s charge, toenterorremainonBoardlandotherthanareserveunlesstheanimalisandremainsundercontrol,andisrestrainedfromcausing annoyance to any person, and from
injuring, destroyingor disturbing any fauna or forest
product.
s
1610s 20South East
Queensland Water Board By-law 199116Death
of animal on Board landThe owner or person in charge of an
animal that dies on Board land mustremove the
carcass.17Abandonment of animalA
person must not, on Board land, abandon an animal belonging to
thatperson or in that person’s charge.PART
4—USE OF BOARD LAND—WATER–BASEDACTIVITIES18Taking fish on a reserveApersonmustnottakefishfromareservoir,river,creek,stream,water-hole or water supply on Board land
except—(a)from a reserve; and(b)during such periods as the Board may
determine and of whichthe Board gives notice on the
reserve.19Permit to navigate vesselA
person must not navigate a vessel or cause or permit a vessel to
benavigated on a reservoir unless that person
is the holder of a current permitissued by the
Board.20Signs to designate areas for launching
etc.A person must not, on Board land—(a)launch a vessel or cause or permit a
vessel to be launched on areservoir, or take a vessel from a
reservoir, except within an areadesignated by a
sign as a launching area; or(b)mooravesselorcauseorpermitavesseltobemooredonareservoir except within an area
designated by a sign as a mooringarea;
or
s
2111s 24South East
Queensland Water Board By-law 1991(c)beach, clean or repair a vessel or cause or
permit a vessel to bebeached, cleaned or repaired except
within an area designated bya sign as a
beaching area.21Areas designated by a sign for use by
motor boats and othervesselsA person must
not navigate, or cause or permit to be navigated—(a)a motor boat, in an area designated by
a sign by the Board for useby vessels other
than motor boats; or(b)a vessel other
than a motor boat, in an area designated by a signby
the Board for use by motor boats;except with the
written permission of an authorised officer.22Not
to navigate near dam wall etc.A person must
not navigate a vessel, or cause or permit a vessel to benavigatedonareservoir,within200
morsuchgreaterdistanceastheBoard may notify by a sign, of the
following—(a)a dam wall;(b)a
spillway;(c)a pumping station tower.23Certain vessels not to be launched in
a reservoirA person must not launch in a
reservoir—(a)a vessel painted with tar, creosote or
other phenolic compounds;or(b)avesselfittedwithatoiletcapableofbeingemptiedintothereservoir.24Not
to pollute or damageA person must not wilfully, or
negligently, on Board land—(a)introduce or pour into the waters of a
reservoir, or onto the landadjoining a
reservoir, any substance likely to pollute the waters;or
s
2512s 29South East
Queensland Water Board By-law 1991(b)do
any damage to a dam wall, a spillway or a pumping stationtower.25Liability for expenseWhereapersonhasbreachedsection24,theBoardmayrecovertheamount expended by it to remedy any damage
occasioned by the breach, asa debt in any
court of competent jurisdiction.26Not
to navigate negligently etc.A person must
not, on a reservoir, navigate a vessel or cause or permit avesseltobenavigatednegligently,recklesslyorinamannerthatisdangerous to or likely to cause injury to a
person or likely to cause damageto a vessel or
property.27SwimmingA person must
not swim in a reservoir, except in an area designated by asign
as a swimming area.28Wearing of life jacket(1)A person must not take part in any
recreational activity other thancanoeing, rowing
or swimming, in or on a reservoir unless that person iswearingalifejacketofatypeapprovedunderthelawofQueenslandrelating to
safety equipment to be carried on vessels.(2)An
authorised officer may instruct a person whom the officer findscontraveningorwhomtheofficersuspectsonreasonablegroundsiscontravening subsection (1) to remove
himself or herself from the reservoirimmediately.29Mooring buoysA person must
not anchor a mooring buoy or cause or permit a mooringbuoy
to be anchored in a reservoir, except with the permission of the
Boardand in accordance with the conditions (if
any) imposed by the Board.
s
3013s 33South East
Queensland Water Board By-law 199130Direction to remove vessel from
reservoir(1)A person must not continue to navigate
a vessel or cause or permit avessel to be
navigated on a reservoir after an authorised officer has
lawfullydirected the person to remove the vessel from
the reservoir.(2)An authorised officer, when giving a
direction under subsection (1),is to give the
person the reason for giving the direction.31Navigation in accordance with
conditionsA person must not navigate a motor boat or
cause or permit a motor boatto be navigated
on a part of a reservoir specifically set aside for use bymotor
boats, other than in accordance with the conditions imposed by
theBoard and notified by a sign in the vicinity
of that part of the reservoir.32Permission to conduct regatta etc.(1)A person must not conduct a regatta or
other organised activity on areservoir without
a permit issued by the Board.(2)A
person not taking part in a regatta or activity, must not navigate
avessel on the reservoir in such a way as to
interfere with the conduct of theregatta or
activity.33Rights in respect of regatta
etc.When the Board has issued a permit to a
person to conduct a regatta ororganised
recreational activity on a reservoir, the Board may grant to
thatperson, during the period in respect of which
the permit is issued—(a)therighttooccupyanduseallorpartofthereservoirandadjoining foreshores; and(b)the right to make an admission charge,
not exceeding an amountapproved by the Board, for admission
to that part of the reservoirand foreshores;
and(c)the right to exclude from that part of
the reservoir and foreshoresany person who
does not pay the admission charge.
s
3414s 38South East
Queensland Water Board By-law 199134Noise
levelA person must not navigate a vessel or cause
or permit a vessel to benavigated in a manner that causes a
level of noise that is excessive.35Not
to disturb or annoy persons fishingA person
navigating a motor boat on a reservoir—(a)mustnotapproachwithin50
mofanothervesselfromwhichfishing is taking place; and(b)mustavoiddisturbingundulyorcausingannoyancetoanyperson fishing
from a bank on a reserve adjoining the reservoir.36Not to navigate between sunset and
sunriseA person must not, without reasonable
excuse, navigate a vessel on areservoir,
between sunset and sunrise unless—(a)the
vessel is a houseboat for which a permit has been issued bythe
Board; and(b)the person has obtained the approval
of an authorised officer.PART 5—MISCELLANEOUS37Fees for permitsThe Board may
prescribe the fees payable to it in respect of the issue ofpermits under this by-law.38Offences and penalties(1)A person who contravenes or fails to
comply with any provision ofthis by-law
commits a breach of this by-law.(2)A
person who—(a)fails to do that which the person is
directed or required to do; or(b)does
that which the person is forbidden to do;
s
3815s 38South East
Queensland Water Board By-law 1991by a person
acting under the authority of this by-law commits a breach
ofthis by-law.(3)A
person who contravenes or fails to comply with any direction
orrequirement of a sign erected or exhibited by
the Board pursuant to thisby-law commits a breach of this
by-law.(4)A person who commits a breach of this
by-law is liable to a penaltyof $1
000.00.
17South East Queensland Water Board
By-law 19914Table 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.11AAmendments
includednoneto SL No. 18 of 2000Reprint date10 June
199321 March 20005Tables in earlier reprintsTABLES IN EARLIER REPRINTSName
of tableCorrected minor errorsReprint
No.16List of
legislationSouth East Queensland Water Board By-law 1991
SL No. 42made by the South East Queensland Water
Board on 26 April 1991pubd gaz 10 August 1991 pp
1929–43commenced on date of publicationexp
17 March 2002 (see 1999 No. 46 s 17(3) and notice pubd gaz 16 March
2000p 989)amending
legislation—Water Resources Legislation Amendment
Regulation (No. 1) 2000 SL No. 18 pts 1–2notfd gaz 4
February 2000ss 1–2 commenced on date of
notificationremaining provisions commenced 17 March 2000
(see s 2 and notice pubd gaz 16March 2000 p
989)7List of annotationsInterpretations 2def“vehicle”amd 2000 No. 18 s
4Signss4amd 2000 No. 18 s
5