Transport Infrastructure (Gold Coast Waterways) Management Plan 2000

Queensland Transport Infrastructure Act 1994 Transport Infrastructure (Gold Coast Waterways) Management Plan 2000 Reprinted as in force on 1 July 2012 Reprint No. 2G This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy NOTE—This is the last reprint before repeal. Repealed by 2012 SL No. 231 s 32

Information about this reprint This plan is reprinted as at 1 July 2012. The reprint shows the law as amended by all 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 list of legislation and list of annotations in endnotes. Also see list of legislation for any uncommenced amendments. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints. Spelling The spelling of certain words or phrases may be inconsistent in this reprint or with other reprints because of changes made in various editions of the Macquarie Dictionary (for example, in the dictionary, ‘lodgement’ has replaced ‘lodgment’). Variations of spelling will be updated in the next authorised reprint. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, authorised (that is, hard copy) and unauthorised (that is, electronic), are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If an authorised reprint is dated earlier than an unauthorised version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of an authorised reprint is the same as the date shown for an unauthorised version previously published, it merely means that the unauthorised version was published before the authorised version. Also, any revised edition of the previously published unauthorised version will have the same date as that version. Replacement reprint date If the date of an authorised reprint is the same as the date shown on another authorised reprint it means that one is the replacement of the other.

Queensland Transport Infrastructure (Gold Coast Waterways) Management Plan 2000 Contents Part 1 1 2 3 Part 2 4 5 Part 3 6 7 8 9 10 Part 4 11 Part 5 12 Part 6 13 Part 7 14 15 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Application of plan Waters to which plan applies . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Watercraft to which plan does not apply. . . . . . . . . . . . . . . . . . . . 4 Anchoring, mooring and aground watercraft Part does not apply to certain watercraft . . . . . . . . . . . . . . . . . . . 4 Waters where anchoring or mooring prohibited or aground watercraft prohibited from being kept . . . . . . . . . . . . . . . . . . . . . . 4 Waters where watercraft not to be anchored, moored or kept for over 24 hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Waters where watercraft not to be anchored, moored or kept for over 7 days . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Waters where watercraft not to be anchored, moored or kept for over 7 days in 1 locality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Living on watercraft Time limit on living on watercraft . . . . . . . . . . . . . . . . . . . . . . . . . 6 Aquatic events Aquatic events . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Waterskiing Restrictions on waterskiing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Freestyling, surfing and wave jumping No freestyling, surfing or wave jumping in certain areas . . . . . . . 8 No freestyling, surfing or wave jumping near person or watercraft .................................... 8

Transport Infrastructure (Gold Coast Waterways) Management Plan 2000 Contents Part 8 16 17 18 19 20 21 22 Part 9 23 Part 12 44 Schedule 1 Schedule 2 Schedule 3 Schedule 4 1 2 3 4 Schedule 5 Schedule 6 Aircraft Application of pt 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No take off or landing without approval . . . . . . . . . . . . . . . . . . . . Take off and landing approval. . . . . . . . . . . . . . . . . . . . . . . . . . . . Amending, suspending or cancelling approval . . . . . . . . . . . . . . . Procedure for amending, suspending or cancelling approval. . . . Procedure for urgent suspension of approval. . . . . . . . . . . . . . . . Act, ss 485 and 485A apply for reviews . . . . . . . . . . . . . . . . . . . . Marina owner levy Levy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fees Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Waters for sections 8, 11 and 14 . . . . . . . . . . . . . . . . . . . . . . . Waters where watercraft not to be anchored, moored or kept for over 7 days . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Waters where watercraft not to be anchored, moored or kept for over 7 days in 1 locality . . . . . . . . . . . . . . . . . . . . . . . Prohibited waterskiing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Coomera River . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nerang River . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Tallebudgera Creek . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Where speed limit of 6 knots applies . . . . . . . . . . . . . . . . . . . . . . Levies and fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 9 9 10 10 11 12 12 13 14 17 18 19 19 19 19 19 20 21 Endnotes 1 2 3 4 5 6 7 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 23 24 24 25 25 27 Page 2

Transport Infrastructure (Gold Coast Waterways) Management Plan 2000 Part 1 Preliminary [s 1] Transport Infrastructure (Gold Coast Waterways) Management Plan 2000 [as amended by all amendments that commenced on or before 1 July 2012] Part 1 Preliminary 1 Short title This waterway transport management plan (the plan ) may be cited as the Transport Infrastructure (Gold Coast Waterways) Management Plan 2000 . 2 Commencement (1) This plan commences on 1 January 2001. (2) However, section 8 so far as it applies to canals commences on the day after the Canals Act 1958 is repealed. 3 Definitions The dictionary in schedule 6 defines particular words used in this plan. Part 2 Application of plan 4 Waters to which plan applies This plan applies to the waters below high water mark of Moreton Bay and the Broadwater, and all rivers, creeks, lakes, Reprint 2G effective 1 July 2012 Page 3

Transport Infrastructure (Gold Coast Waterways) Management Plan 2000 Part 3 Anchoring, mooring and aground watercraft [s 5] canals and navigable channels, south of 27º41' south and east of 153º east ( Gold Coast waters ). 5 Watercraft to which plan does not apply This plan applies to the following watercraft in Gold Coast waters only if the watercraft is being used for educational activities or research— (a) a watercraft owned by the State; (b) a watercraft being used for official duty by the State, the Commonwealth or a local government. Part 3 Anchoring, mooring and aground watercraft 6 Part does not apply to certain watercraft This part does not apply to a watercraft— (a) being used to carry out construction, dredging or maintenance works if carrying out the works at the particular location is approved under an Act; or (b) moored to an approved structure with the consent of the structure’s owner; or (c) moored to an authorised buoy mooring with the consent of the mooring’s owner. 7 Waters where anchoring or mooring prohibited or aground watercraft prohibited from being kept (1) This section applies to Gold Coast waters within 30m of— (a) an authorised buoy mooring; or (b) a watercraft moored to an authorised buoy mooring. Page 4 Reprint 2G effective 1 July 2012

Transport Infrastructure (Gold Coast Waterways) Management Plan 2000 Part 3 Anchoring, mooring and aground watercraft [s 8] (2) The owner or operator of a watercraft must not cause or allow the watercraft— (a) to be anchored or moored in the waters; or (b) if it is aground at a place—to be kept at the place. Maximum penalty—40 penalty units. 8 Waters where watercraft not to be anchored, moored or kept for over 24 hours (1) This section applies to waters described in schedule 1. (2) However, subsection (3)(a) does not apply to waters within the Moreton Bay Marine Park. Editor’s note — For the boundaries of the park, see the Marine Parks (Declaration) Regulation 2006 , section 8. (3) The owner or operator of a watercraft must not cause or allow the watercraft— (a) to be anchored or moored in the waters; or (b) if it is aground at a place—to be kept at the place; whether at 1 or more locations, for more than 24 consecutive hours in any 30 day period. Maximum penalty—20 penalty units. 9 Waters where watercraft not to be anchored, moored or kept for over 7 days (1) This section applies to waters described in schedule 2. (2) However, subsection (3)(a) does not apply to waters within the Moreton Bay Marine Park. (3) The owner or operator of a watercraft must not cause or allow the watercraft— (a) to be anchored or moored in the waters; or (b) if it is aground at a place—to be kept at the place; Reprint 2G effective 1 July 2012 Page 5

Transport Infrastructure (Gold Coast Waterways) Management Plan 2000 Part 4 Living on watercraft [s 10] whether at 1 or more locations, for more than 7 consecutive days in any 60 day period. Maximum penalty—20 penalty units. 10 Waters where watercraft not to be anchored, moored or kept for over 7 days in 1 locality (1) This section applies within waters described in schedule 3. (2) However, subsection (3)(a) does not apply to waters within the Moreton Bay Marine Park. (3) The owner or operator of a watercraft must not cause or allow the watercraft— (a) to be anchored or moored in the waters; or (b) if it is aground at a place—to be kept at the place; within 1n mile of the 1 place for more than 7 consecutive days in any 60 day period. Maximum penalty—20 penalty units. Part 4 Living on watercraft 11 Time limit on living on watercraft (1) This section applies to waters described in schedules 1, 2 or 3. (2) The owner or operator of a watercraft must not live on the watercraft, or allow anyone else to live on the watercraft, at, or within 3n miles of, the 1 place for more than 7 consecutive days in any 60 day period. Maximum penalty—20 penalty units. (3) Subsection (2) does not apply to a watercraft at a marina with toilets and washing facilities. Page 6 Reprint 2G effective 1 July 2012

Part 5 Transport Infrastructure (Gold Coast Waterways) Management Plan 2000 Part 5 Aquatic events [s 12] Aquatic events 12 Aquatic events (1) This section applies to an area for which a consent for an aquatic event under the Transport Operations (Marine Safety) Regulation 2004 , section 218 has been issued if the consent operates for no more than 48 hours. (2) An authorised person may direct the owner or operator of a watercraft that is not engaged in the event not to cause or allow the watercraft— (a) to enter the area during the event; or (b) to remain in the area during the event; or (c) to anchor or moor in the area during the event. (3) The owner or operator must comply with the direction unless the owner or operator has a reasonable excuse. Maximum penalty—20 penalty units. Part 6 Waterskiing 13 Restrictions on waterskiing A person must not waterski in waters in which waterskiing is prohibited under schedule 4. Maximum penalty—40 penalty units. Reprint 2G effective 1 July 2012 Page 7

Transport Infrastructure (Gold Coast Waterways) Management Plan 2000 Part 7 Freestyling, surfing and wave jumping [s 14] Part 7 Freestyling, surfing and wave jumping 14 No freestyling, surfing or wave jumping in certain areas A person must not use a watercraft to freestyle, surf or wave jump— (a) within 100m of the western shore of the Broadwater between the Gold Coast Highway bridge, Main Beach and an imaginary line running east from the southern tip of Rat Island near the mouth of the south arm of the Coomera River; or (b) in waters described in schedule 1. Maximum penalty—40 penalty units. 15 No freestyling, surfing or wave jumping near person or watercraft A person must not use a watercraft to freestyle, surf or wave jump within— (a) 30m of another watercraft; or (b) 60m of a person in the water. Maximum penalty—40 penalty units. Part 8 Aircraft 16 Application of pt 8 This part applies only to an aircraft engaged in commercial operations. Page 8 Reprint 2G effective 1 July 2012

Transport Infrastructure (Gold Coast Waterways) Management Plan 2000 Part 8 Aircraft [s 17] 17 No take off or landing without approval (1) The pilot of an aircraft must not take off from Gold Coast waters unless the take off is authorised under a take off and landing approval. Maximum penalty—40 penalty units. (2) The pilot of an aircraft must not land on Gold Coast waters unless the landing is authorised under a take off and landing approval. Maximum penalty—40 penalty units. 18 Take off and landing approval (1) A person may apply to the chief executive for approval for a particular aircraft to take off from a stated area, or land in a stated area, in Gold Coast waters (a take off and landing approval ). (2) The application must be in the approved form. (3) The chief executive must consider the application and either— (a) grant the application, with or without conditions; or (b) refuse to grant the application. (4) In deciding the application, the chief executive must consider— (a) whether the proposed area for take off or landing is appropriate; and (b) the applicant’s proposed safety procedures; and (c) the interests of other waterway users; and (d) aircraft noise. (5) If the chief executive decides to refuse the application, the chief executive must give the applicant written notice of the refusal and the reasons for the refusal. Reprint 2G effective 1 July 2012 Page 9

Transport Infrastructure (Gold Coast Waterways) Management Plan 2000 Part 8 Aircraft [s 19] (6) If the chief executive decides to grant the application on conditions, the chief executive must give the applicant written notice of the conditions and the reasons for the conditions. (7) A notice under subsection (5) or (6) must also state the prescribed review information for the decision. (8) A take off and landing approval is for the term, of not more than 1 year, stated in the approval. (9) If a take off and landing approval is subject to conditions, the holder of the approval must comply with the conditions unless the holder has a reasonable excuse. Maximum penalty—40 penalty units. 19 Amending, suspending or cancelling approval The chief executive may amend, suspend or cancel a person’s take off and landing approval on any of the following grounds— (a) the approval was obtained because of false or misleading information; (b) the person has failed to comply with a condition of the approval; (c) it is necessary for public safety. 20 Procedure for amending, suspending or cancelling approval (1) This section applies if the chief executive considers there is a ground to amend, suspend or cancel a take off and landing approval (the proposed action ). (2) Before taking the proposed action, the chief executive must give the approval holder a written notice stating— (a) the proposed action; and (b) the grounds for the proposed action; and Page 10 Reprint 2G effective 1 July 2012

Transport Infrastructure (Gold Coast Waterways) Management Plan 2000 Part 8 Aircraft [s 21] (c) an outline of the facts and circumstances that are the basis of the grounds; and (d) if the proposed action is suspension of the approval, the proposed suspension period; and (e) that the approval holder may show, within a stated reasonable time (of at least 14 days after the notice is given), why the proposed action should not be taken. (3) If, after considering all representations made within the stated time, the chief executive still considers there is a ground to take the proposed action, the chief executive may— (a) if the proposed action was to amend the approval—amend the approval; or (b) if the proposed action was to suspend the approval—suspend the approval for no longer than the period stated in the notice; or (c) if the proposed action was to cancel the approval—amend the approval, suspend it for a period or cancel it. (4) The chief executive must inform the approval holder of the decision by written notice. (5) If the chief executive decides to amend, suspend or cancel the approval, the notice must state— (a) the reasons for the decision; and (b) the prescribed review information for the decision. (6) The decision takes effect on the day the notice is given to the approval holder, or if a later day of effect is stated in the notice, the later day. 21 Procedure for urgent suspension of approval (1) Despite section 20, if the chief executive considers it is necessary for public safety, the chief executive may, by written notice to an approval holder, immediately suspend the approval until the earlier of the following— Reprint 2G effective 1 July 2012 Page 11

Transport Infrastructure (Gold Coast Waterways) Management Plan 2000 Part 9 Marina owner levy [s 22] (a) the chief executive informs the holder of the chief executive’s decision given after complying with section 20; (b) the end of 56 days after the notice is given to the holder. (2) The notice must state— (a) the reasons for the decision; and (b) the prescribed review information for the decision. 22 Act, ss 485 and 485A apply for reviews (1) Sections 485 and 485A of the Act apply to a decision mentioned in subsection (2) as if— (a) the decision were mentioned in schedule 3 of the Act; and (b) QCAT were stated opposite the decision in that schedule. (2) For subsection (1) the decisions are as follows— (a) a decision to grant a take off and landing approval on conditions; (b) a decision to refuse to grant a take off and landing approval; (c) a decision to amend, suspend or cancel a take off and landing approval. Part 9 Marina owner levy 23 Levy (1) A marina owner must pay an annual levy as a contribution towards dredging and maintaining public marine transport infrastructure. Page 12 Reprint 2G effective 1 July 2012

Transport Infrastructure (Gold Coast Waterways) Management Plan 2000 Part 12 Fees [s 44] (2) The levy must be paid within 1 month after the chief executive gives written notice of the levy to the marina owner. (3) The amount of the levy is in schedule 5. Part 12 Fees 44 Fees The fees payable under this plan are in schedule 5. Reprint 2G effective 1 July 2012 Page 13

Transport Infrastructure (Gold Coast Waterways) Management Plan 2000 Schedule 1 Schedule 1 Waters for sections 8, 11 and 14 sections 8, 11 and 14 Part 1 Canals, creeks, floodways, harbours and rivers 1 Biggera Creek and its tributaries 2 Boobegan Creek and its tributaries 3 canals 4 Coombabah Creek and its tributaries 5 Coomera River and its tributaries 6 Currumbin Creek and its tributaries 7 Loders Creek and its tributaries 8 Hollywell Harbour 9 Mudgeeraba Creek and its tributaries 10 Nerang River, and its tributaries, upstream of the Nerang River Gold Coast Bridge linking Southport to Main Beach 11 Paradise Point Boat Harbour 12 Tallebudgera Creek and its tributaries 13 waters of the Broadwater— (a) between— (i) the Nerang River Gold Coast Bridge linking Southport to Main Beach; and (ii) an imaginary line running east from the northern tip of the boat ramp near the Southport olympic swimming pool; and (b) within 100m of the shores of the Sovereign Islands or Ephraim Island Page 14 Reprint 2G effective 1 July 2012

Transport Infrastructure (Gold Coast Waterways) Management Plan 2000 Schedule 1 14 waters of the Bundall flood channel between Ashmore Road and Racecourse Road Part 2 Lakes 15 waters known as Burleigh Lake, Lake Heron, Miami Lake, Pelican Lake, Silvabank Lake and Swan Lake located adjacent to Christine Avenue, Burleigh Waters 16 waters known as Lake Cappabella located adjacent to Marbella Drive and Cabana Boulevard, Benowa 17 waters known as Clear Island Lake located adjacent to Bermuda Street and Robina Parkway, Clear Island Waters 18 waters known as Lake Hugh Muntz located adjacent to Barrier Reef Drive, Mermaid Waters 19 waters known as Lake Lido located adjacent to Cheltenham Drive, Robina 20 waters known as Monterey Keys located adjacent to Saltwater Creek, Helensvale 21 waters known as Lake Orr located adjacent to Bond University, Robina 22 waters known as Paradise Lake located adjacent to Burrendong Road and Lefroy Drive, Coombabah 23 waters known as Pine Lake located adjacent to Murtha Drive and Guineas Creek Road, Elanora 24 waters known as Robina Waters located adjacent to Bermuda Street, Robina 25 waters known as Lake Rosser located adjacent to Marbella Drive and Cabana Boulevard, Benowa 26 waters known as Lake Runaway located adjacent to Kangaroo Avenue and Marsupial Drive, Runaway Bay 27 waters known as West Lake located adjacent to Ron Penhaligon Way, Robina Reprint 2G effective 1 July 2012 Page 15

Transport Infrastructure (Gold Coast Waterways) Management Plan 2000 Schedule 1 28 waters located adjacent to Cyclades Crescent, Currumbin 29 waters located adjacent to Cypress Drive, Broadbeach Waters 30 waters located adjacent to Nineteenth Avenue and Angelica, Ironbark and Acron Streets, Elanora 31 waters located adjacent to Santa Cruz Boulevard, Clear Island Waters Page 16 Reprint 2G effective 1 July 2012

Transport Infrastructure (Gold Coast Waterways) Management Plan 2000 Schedule 2 Schedule 2 Waters where watercraft not to be anchored, moored or kept for over 7 days sections 9 and 11 1 waters of the Broadwater between— (a) an imaginary line running east from the northern tip of the boat ramp near the Southport olympic swimming pool; and (b) an imaginary line running east-west through the north-east tip of Wavebreak Island Reprint 2G effective 1 July 2012 Page 17

Transport Infrastructure (Gold Coast Waterways) Management Plan 2000 Schedule 3 Schedule 3 Waters where watercraft not to be anchored, moored or kept for over 7 days in 1 locality sections 10 and 11 1 Waters of the Broadwater between— (a) an imaginary line running east-west through the north-east tip of Wavebreak Island; and (b) an imaginary line running east from the southern tip of Rat Island near the mouth of the south arm of the Coomera River. 2 However the waters do not include waters within 100m of the shores of the Sovereign Islands or Ephraim Island. Page 18 Reprint 2G effective 1 July 2012

Transport Infrastructure (Gold Coast Waterways) Management Plan 2000 Schedule 4 Schedule 4 Prohibited waterskiing section 13 1 Coomera River Waterskiing is prohibited on the south arm of the Coomera River. 2 Nerang River (1) Waterskiing is prohibited on the Nerang River upstream of the Nerang River Gold Coast Bridge linking Southport to Main Beach. (2) Subsection (1) does not apply— (a) between Bosun Parade, Ashmore and Ross Street, Carrara; or (b) between Ross Street, Carrara and Hoy Street, Broadbeach Waters between 7a.m. and 7p.m.; or (c) between Capri Bridge and Bundall Road Bridge, Sorrento between 8a.m. and 4p.m. 3 Tallebudgera Creek Waterskiing is prohibited on Tallebudgera Creek other than between the boat ramp at Awonga Avenue, Burleigh Heads and Mallawa Drive, Palm Beach between 7a.m. and 7p.m. 4 Where speed limit of 6 knots applies Waterskiing is prohibited in Gold Coast waters where a speed limit of 6 knots applies under the Transport Operations (Marine Safety) Act 1994 , section 206A. Reprint 2G effective 1 July 2012 Page 19

Transport Infrastructure (Gold Coast Waterways) Management Plan 2000 Schedule 5 Schedule 5 Levies and fees sections 23(3) and 44 $ 1 Annual levy for marina owner (s 23)— (a) for each marina berth 12m or less in length on 31 December in the previous year . . . . . . . . . . . . . . . . 186.15 (b) for each marina berth over 12m but not over 18m in length on 31 December in the previous year . . . . . . 198.55 (c) for each marina berth over 18m in length on 31 December in the previous year . . . . . . . . . . . . . . . . 222.15 2 Fee for application for take off and landing approval (s 18) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83.25 Page 20 Reprint 2G effective 1 July 2012

Transport Infrastructure (Gold Coast Waterways) Management Plan 2000 Schedule 6 Schedule 6 Dictionary section 3 anchoring does not include genuine transient anchoring. Examples of genuine transient anchoring — 1 anchoring to fish from a watercraft 2 anchoring for 15 minutes to buy bait or unload gear approved structure means— (a) a structure constructed with the sanction of the Governor in Council under the repealed Harbours Act 1955 , section 86; or (b) a navigation aid or sign installed under the Transport Operations (Marine Safety) Act 1994 . authorised buoy mooring means a buoy mooring established under an approval under the Transport Operations (Marine Safety) Regulation 2004 , section 209. freestyle , using a watercraft, means drive the watercraft in a way that its course or speed is insufficiently predictable to allow masters of other watercraft, if they were in the vicinity, to readily decide what course and speed to take to avoid a collision with the watercraft. Gold Coast waters see section 4. marina means a jetty, pile mooring or buoy mooring, or combination of a jetty, pile mooring or buoy mooring, that is large enough for 2 watercraft to be moored. prescribed review information , for a decision, means information that a person to whom a notice about the decision is given under section 18(5) or (6), 20(4) or 21(1) may— (a) under section 485 of the Act, as applied under section 22—ask for the decision to be reviewed by the chief executive; and Reprint 2G effective 1 July 2012 Page 21

Transport Infrastructure (Gold Coast Waterways) Management Plan 2000 Schedule 6 (b) under the Transport Planning and Coordination Act 1994 , part 5, division 2—apply to QCAT for the decision to be stayed; and (c) under section 485A of the Act, as applied under section 22—ask for the chief executive’s decision on the review (the reviewed decision ) to be reviewed by QCAT; and (d) under the QCAT Act—apply for the reviewed decision to be stayed. shore means the shore at low water mark. surf , using a watercraft, means drive the watercraft down a breaking wave, wake or swell. take off and landing approval see section 18. waterski means tow a person by a line attached to a watercraft, including, for example, a person riding on a toboggan or tube. wave jump , using a watercraft, means drive the watercraft over a breaking wave, wake or swell in order to make the watercraft airborne, other than in the ordinary course of navigation. Page 22 Reprint 2G effective 1 July 2012

Transport Infrastructure (Gold Coast Waterways) Management Plan 2000 Endnotes Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 1 July 2012. Future amendments of the Transport Infrastructure (Gold Coast Waterways) Management Plan 2000 may be made in accordance with this reprint under the Reprints Act 1992, section 49. Reprint 2G effective 1 July 2012 Page 23

Transport Infrastructure (Gold Coast Waterways) Management Plan 2000 Endnotes 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd num o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = numbered = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No. [X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. Reprint No. 1 1A Amendments to none 2001 SL No. 77 Effective 1 January 2001 1 July 2001 Reprint date 19 January 2001 1 February 2002 Reprint No. 1B 1C 1D 1E 1F 1G 1H 2 2A Amendments included 2002 SL No. 112 2003 SL No. 106 — 2004 SL No. 54 2005 SL No. 91 2006 Act No. 21 2006 SL No. 90 2007 SL No. 83 2008 SL No. 131 Effective 1 July 2002 1 July 2003 21 October 2003 1 July 2004 1 July 2005 17 May 2006 1 July 2006 1 July 2007 1 July 2008 Notes s 8 commenced Page 24 Reprint 2G effective 1 July 2012

Transport Infrastructure (Gold Coast Waterways) Management Plan 2000 Endnotes Reprint No. 2B 2C 2D 2E 2F 2G Amendments included 2009 SL No. 64 2009 Act No. 47 2009 Act No. 24 2010 SL No. 100 2011 SL No. 64 2012 SL No. 55 Effective 1 July 2009 19 November 2009 1 December 2009 1 July 2010 1 July 2011 1 July 2012 Notes 5 Tables in earlier reprints Name of table Corrected minor errors Reprint No. 1 6 List of legislation Regulatory impact statements For subordinate legislation that has a regulatory impact statement, specific reference to the statement is included in this list. Explanatory notes All subordinate legislation made on or after 1 January 2011 has an explanatory note. For subordinate legislation made before 1 January 2011 that has an explanatory note, specific reference to the note is included in this list. Transport Infrastructure (Gold Coast Waterways) Management Plan 2000 SL No. 341 made by the Minister on 28 November 2000 notfd gaz 15 December 2000 pp 1478–83 ss 1–2 commenced on date of notification s 8 (so far as it applies to canals) commenced 21 October 2003 (see s 2(2) and 2003 SL No. 202) remaining provisions commenced 1 January 2001 (see s 2(1)) exp 31 August 2012 (see SIA s 56A(1)(a)(i) and SIR s 5 sch 3) Note—The expiry date may have changed since this reprint was published. See the latest reprint of the SIR for any change. amending legislation— Transport Infrastructure (Gold Coast Waterways) Amendment Management Plan (No. 1) 2001 SL No. 77 notfd gaz 22 June 2001 pp 706–8 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2001 (see s 2) Reprint 2G effective 1 July 2012 Page 25

Transport Infrastructure (Gold Coast Waterways) Management Plan 2000 Endnotes Transport Legislation Amendment Regulation (No. 2) 2002 SL No. 112 pts 1, 4 notfd gaz 24 May 2002 pp 308–10 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2002 (see s 2) Transport Legislation Amendment Regulation (No. 2) 2003 SL No. 106 pts 1, 4 notfd gaz 30 May 2003 pp 371–6 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2003 (see s 2) Transport Legislation Amendment Regulation (No. 1) 2004 SL No. 54 pts 1, 4 notfd gaz 14 May 2004 pp 112–14 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2004 (see s 2) Transport Legislation Amendment Regulation (No. 1) 2005 SL No. 91 pts 1, 4 notfd gaz 20 May 2005 pp 224–6 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2005 (see s 2) Maritime and Other Legislation Amendment Act 2006 No. 21 ss 1, 150(2) sch 2 date of assent 17 May 2006 commenced on date of assent Transport Legislation and Another Regulation Amendment Regulation (No. 1) 2006 SL No. 90 ss 1, 2(1), pt 6 notfd gaz 19 May 2006 pp 252–4 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2006 (see s 2(1)) Transport Legislation (Fees) Amendment Regulation (No. 1) 2007 SL No. 83 pts 1, 5 notfd gaz 18 May 2007 pp 345–8 ss 1–2 commence on date of notification remaining provisions commenced 1 July 2007 (see s 2) Transport Legislation (Fees) Amendment Regulation (No. 1) 2008 SL No. 131 pts 1, 5 notfd gaz 23 May 2008 pp 543–5 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2008 (see s 2) Transport Legislation (Fees) Amendment Regulation (No. 1) 2009 SL No. 64 pts 1, 5 notfd gaz 22 May 2009 pp 331–3 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2009 (see s 2) Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Act 2009 No. 24 ss 1–2, ch 13 pt 6 date of assent 26 June 2009 ss 1–2 commenced on date of assent remaining provisions commenced 1 December 2009 (2009 SL No. 252) Page 26 Reprint 2G effective 1 July 2012

Transport Infrastructure (Gold Coast Waterways) Management Plan 2000 Endnotes Transport and Other Legislation Amendment Act 2009 No. 47 ss 1, 40 sch date of assent 19 November 2009 commenced on date of assent Transport Legislation (Fees) Amendment Regulation (No. 1) 2010 SL No. 100 ss 1, 2(1), pt 5 notfd gaz 28 May 2010 pp 290–2 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2010 (see s 2(1)) Transport Legislation (Fees) Amendment Regulation (No. 1) 2011 SL No. 64 pts 1, 6 notfd gaz 20 May 2011 pp 142–3 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2011 (see s 2) Transport Legislation (Fees) Amendment Regulation (No. 1) 2012 SL No. 55 pts 1, 6 notfd gaz 18 May 2012 pp 74–6 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2012 (see s 2) 7 List of annotations Aquatic events s 12 amd 2006 Act No. 21 s 150(2) sch 2 Take off and landing approval s 18 amd 2009 Act No. 24 s 1729 Procedure for amending, suspending or cancelling approval s 20 amd 2009 Act No. 24 s 1730 Procedure for urgent suspension of approval s 21 amd 2009 Act No. 24 s 1731 Act, ss 485 and 485A apply for reviews s 22 sub 2009 Act No. 24 s 1732 PART 10—APPOINTMENT OF AUTHORISED PERSONS pt 10 (ss 24–26) om 2009 Act No. 47 s 40 sch PART 11—POWERS OF AUTHORISED PERSONS pt hdg om 2009 Act No. 47 s 40 sch Division 1—Entry to place or watercraft div 1 (s 27) om 2009 Act No. 47 s 40 sch Division 2—Procedure for entry div 2 (ss 28–31) om 2009 Act No. 47 s 40 sch Division 3—Powers after entry div 3 (s 32) om 2009 Act No. 47 s 40 sch Reprint 2G effective 1 July 2012 Page 27

Transport Infrastructure (Gold Coast Waterways) Management Plan 2000 Endnotes Division 4—Removal of watercraft div hdg om 2009 Act No. 47 s 40 sch Notice of intention to remove watercraft s 33 om 2009 Act No. 47 s 40 sch Moving illegally anchored or moored watercraft s 34 om 2009 Act No. 47 s 40 sch Removal of hazardous watercraft s 35 amd 2006 Act No. 21 s 150(2) sch 2 om 2009 Act No. 47 s 40 sch Dealing with removed watercraft s 36 om 2009 Act No. 47 s 40 sch Division 5—General enforcement matters div 5 (ss 37–43) om 2009 Act No. 47 s 40 sch SCHEDULE 1—WATERS FOR SECTIONS 8, 11 AND 14 sch hdg sub 2001 SL No. 77 s 4 PART 1—CANALS, CREEKS, FLOODWAYS, HARBOURS AND RIVERS pt hdg amd 2009 Act No. 47 s 40 sch SCHEDULE 4—PROHIBITED WATERSKIING sch hdg amd 2009 Act No. 47 s 40 sch SCHEDULE 5—LEVIES AND FEES sch hdg amd 2006 SL No. 90 s 12 sch 5 sub 2001 SL No. 77 s 5; 2002 SL No. 112 s 8; 2003 SL No. 106 s 8; 2004 SL No. 54 s 8; 2005 SL No. 91 s 8; 2006 SL No. 90 s 12; 2007 SL No. 83; 2008 SL No. 131 s 10; 2009 SL No. 64 s 10; 2010 SL No. 100 s 11; 2011 SL No. 64 s 12; 2012 SL No. 55 s 12 SCHEDULE 6—DICTIONARY def “authorised buoy mooring” sub 2006 Act No. 21 s 150(2) sch 2 def “film” om 2009 Act No. 47 s 40 sch def “photograph” om 2009 Act No. 47 s 40 sch def “prescribed review information” ins 2009 Act No. 24 s 1733 © State of Queensland 2012 Page 28 Reprint 2G effective 1 July 2012