Transport Infrastructure (Waterways Management) Regulation 2012

1Short title

This regulation may be cited as the Transport Infrastructure (Waterways Management) Regulation 2012 .

2Definitions

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

3References to latitude or longitude

A reference in this regulation to latitude or longitude is a reference to latitude or longitude using the coordinate framework known as Geocentric Datum of Australia (GDA94).

4Waterways and associated infrastructure

(1)Subject to subsection (2), this regulation applies to the following Queensland waters (regulated waters)—

(a)the waterways described in schedule 1, part 1 (Gold Coast waters);

(b)the waterways described in schedule 2, part 1 (Sunshine Coast waters).

(2)This regulation does not apply to a State managed boat harbour under the Transport Infrastructure (Public Marine Facilities) Regulation 2011 .

5Watercraft to which regulation does not apply

(1)This regulation does not apply to the following watercraft—

(a)a watercraft being used for official duty by the Commonwealth, a State or a local government;

(b)a watercraft owned by the State;

(c)a watercraft being used to carry out approved works.

(2)In this section—

approved works means works, including construction, dredging, installation and maintenance of navigation aids, approved under the Planning Act or Transport Operations (Marine Safety) Act 1994 .

6Prohibition on anchoring etc. in particular regulated waters

(1) Subsection (2) applies to the regulated waters within 30m of—

(a)an approved structure; or

(b)a watercraft moored to an approved structure.

(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 the watercraft is aground at a place in the waters—to be kept at the place.

Maximum penalty—40 penalty units.

(3) Subsection (4) applies to the Sunshine Coast waters described in schedule 2, part 2, division 1.

(4)The owner or operator of a watercraft must not cause or allow the watercraft—

(a)to be moored in the waters; or

(b)if it is aground at a place in the waters—to be kept at the place.

Maximum penalty—20 penalty units.

(5) Subsection (6) applies to the Sunshine Coast waters described in schedule 2, part 2, division 2.

(6)The owner or operator of a watercraft that is more than 5m must not cause or allow the watercraft—

(a)if it is unoccupied—to be anchored in the waters; or

(b)if it is aground at a place in the waters—to be kept at the place.

Maximum penalty—20 penalty units.

Note—

See also sections 14 and 20 for when a person does not contravene this section.

7Particular regulated waters where watercraft not to be anchored etc. for more than 24 hours

(1)This section applies to the Gold Coast waters described in schedule 1, part 2, division 1.

(2)The owner or operator of a watercraft must not cause or allow the watercraft—

(a)to be anchored or moored, whether at 1 or more locations, in the waters for more than 24 consecutive hours in any 30 day period; or

(b)if the watercraft is aground at a place in the waters—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.

Note—

See also section 20 for when a person does not contravene this section.

8Particular regulated waters where watercraft not to be anchored etc. for more than 7 days

(1)This section applies to the Gold Coast waters described in schedule 1, part 2, division 2;

(2)The owner or operator of a watercraft must not cause or allow the watercraft—

(a)to be anchored or moored, whether at 1 or more locations, in the waters for more than 7 consecutive days in any 60 day period; or

(b)if the watercraft is aground at a place in the waters—to be kept at the place, whether at 1 or more locations, for more than 7 consecutive days in any 60 day period.

Maximum penalty—20 penalty units.

Note—

See also section 20 for when a person does not contravene this section.

9Particular regulated waters where watercraft must not be anchored etc. for more than 7 days in 1 location

(1)This section applies to the Gold Coast waters described in schedule 1, part 2, division 3.

(2)The owner or operator of a watercraft must not cause or allow the watercraft—

(a)to be anchored or moored in the waters within 1n mile of the 1 place for more than 7 consecutive days in any 60 day period; or

(b)to be kept aground within 1n mile of the 1 place for more than 7 consecutive days in any 60 day period.

Maximum penalty—20 penalty units.

Note—

See also section 20 for when a person does not contravene this section.

10Time limit for living on board watercraft in particular regulated waters

(1)This section applies to Gold Coast waters.

(2)The owner or operator of a watercraft must not live, or allow anyone else to live, on board the watercraft in the waters, 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)A person does not contravene subsection (2) if the watercraft is at a marina with toilets and washing facilities.

Note—

See also section 20 for when a person does not contravene this section.

11Restrictions on living on board watercraft in particular regulated waters without approval

(1) Subsection (2) applies to the Sunshine Coast waters described in schedule 2, part 2, division 3.

(2)The owner or operator of a watercraft must not live, or allow another person to live, on board the watercraft in the waters, whether temporarily, intermittently or permanently, unless the living on board is in accordance with a living on board approval.

Maximum penalty—20 penalty units.

(3) Subsection (4) applies to Sunshine Coast waters, other than the waters mentioned in subsection (1).

(4)The owner or operator of a relevant watercraft must not cause or allow the watercraft to remain in the waters for more than 48 hours unless the living on board is in accordance with a living on board approval.

Maximum penalty—20 penalty units.

(5)In this section—

relevant watercraft means a watercraft, other than a commercial houseboat, being used for living on board whether temporarily, intermittently or permanently.

Note—

However, see section 12 (Living on board approval) and also section 20 for when a person does not contravene this section.

12Living on board approval—regulated waters mentioned in s 11

The owner or operator of a watercraft may apply to the chief executive for an approval (a living on board approval) authorising the owner, operator or another stated person to live on board the watercraft and remain in the waters.

Note—

The procedure for obtaining the approval is in part 7 (Approvals).

13Watercraft used for living on board in particular regulated waters to have waste holding system

(1)This section applies—

(a)if a watercraft is being used for living on board, whether temporarily, intermittently or permanently, in Sunshine Coast waters; and

(b)whether or not the watercraft is occupied.

(2)The owner and the operator of the watercraft must ensure that the watercraft has a waste holding system while the watercraft is in the waters.

Maximum penalty—20 penalty units.

(3)The operator of the watercraft must ensure that none of the contents of the waste holding system is discharged into the waters.

Maximum penalty—20 penalty units.

(4)The operator of the watercraft must ensure that a fixed or mobile pump-out facility is used to empty the contents of the waste holding system while the watercraft is in the waters.

Maximum penalty—20 penalty units.

(5)The owner or operator of the watercraft must keep a written record of all of the following for each discharge of the waste holding system while the water craft is in the waters—

(a)the date when, and the place where, the contents of the system were discharged; and

(b)the quantity of the contents discharged.

Maximum penalty—20 penalty units.

(6)In this section—

waste holding system, for a watercraft, means a waste holding tank connected to each source of sewerage or waste water on the watercraft.

Note—

See also section 20 for when a person does not contravene subsections (2), (4) or (5).

14Prohibition on using particular regulated waters for construction etc. without approval

(1)A person must not cause or allow a watercraft to anchor or moor in or otherwise use Sunshine Coast waters if the watercraft—

(a)is under construction; or

(b)is undergoing reconstruction; or

(c)is being refitted; or

(d)is undergoing structural repair.

Maximum penalty—20 penalty units.

(2)A person does not contravene subsection (1) or section 6 if the construction, reconstruction, refitting or structural repair is carried out—

(a)in accordance with a watercraft works approval; or

(b)at a commercial facility for building or repairing watercraft.

15Watercraft works approval

A person may apply to the chief executive for an approval (a watercraft works approval) to construct, reconstruct, refit or make structural repairs to a watercraft in the Sunshine Coast waters.

Note—

The procedure for obtaining the approval is in part 7 (Approvals).

16Prohibition on take off from or landing on regulated waters without approval

(1)The pilot of an aircraft engaged in a commercial activity must not take off from regulated 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 engaged in a commercial activity must not land on regulated waters unless the landing is authorised under a take off and landing approval.

Maximum penalty—40 penalty units.

s 16 amd 2015 No. 160 s 14

17Take off and landing approval

A person may apply to an administering agency for approval for a stated aircraft that will be engaged in a commercial activity to take off from a stated area, or land in a stated area, in regulated waters (a take off and landing approval).

Note—

The procedure for obtaining the approval is in part 7 (Approvals).

s 17 amd 2015 No. 160 s 15

18Prohibition on water-skiing in particular regulated waters

A person must not waterski in the Gold Coast waters described in schedule 1, part 2, division 4.

Maximum penalty—40 penalty units.

19Prohibition on freestyling, surfing and wave jumping in particular regulated waters

(1)A person must not use a watercraft to freestyle, surf or wave jump in the following regulated waters—

(a)the Gold Coast waters described in schedule 1, part 2, division 5;

(b)the Sunshine Coast waters described in schedule 2, part 2, division 4.

Maximum penalty—40 penalty units.

(2)A person must not use a watercraft to freestyle, surf or wave jump in regulated waters that are—

(a)within 30m of another watercraft; or

(b)within 60m of a person in the water.

Maximum penalty—40 penalty units.

20Exemption for marine safety

(1)A person does not contravene an exemption provision if a watercraft owned or operated by the person has entered regulated waters, in relation to which the provision applies, from seaward while on a genuine voyage along the coast or an international voyage if—

(a)entry was made for the purpose of—

(i)taking shelter from adverse weather; or

(ii)making urgent repairs; and

(b)if a person is living on board the watercraft—the living on board is for no more than 10 consecutive days.

(2)In this section—

exemption provision means a provision of part 3 or section 10 (2), 11 (2) or (4), 13 (2), (4) or (5) or 14.

21Administering agency may issue

(1)An administering agency may issue an approval for an activity for regulated waters.

(2)An application for an approval must be—

(a)in the approved form; and

(b)supported by enough information to enable the administering agency to decide the application; and

(c)for a take off and landing approval—accompanied by the application fee for the approval.

22Granting or refusing application

(1)The administering agency for regulated waters must consider an application for an approval and either—

(a)grant the application, with or without conditions; or

(b)refuse to grant the application.

(2)In deciding the application the administering agency must consider—

(a)whether the proposed location is appropriate for the activity; and

(b)for a take off and landing approval—the applicant’s proposed safety procedures; and

(c)existing use of the regulated waters in the location and residential, recreational and commercial areas adjacent to the location; and

(d)the interests of other users of the waters; and

(e)noise, amenity and characteristics of the waters; and

(f)the applicant’s ability to comply with the requirements of the applicant under a relevant law; and

(g)for a living on board approval or watercraft works approval—the proximity or availability of more appropriate commercial facilities to moor or store the watercraft or undertake watercraft maintenance; and

(h)whether the applicant has paid the application fee.

(3)If the administering agency decides to grant the application on conditions, the administering agency must give the applicant written notice of the conditions and the reasons for the conditions.

(4)If the administering agency decides to refuse to grant the application, the administering agency must give the applicant written notice of the refusal and the reasons for the refusal.

(5)If the approval is subject to conditions, the approval holder must comply with the conditions, unless the holder has a reasonable excuse.

Maximum penalty—40 penalty units.

(6)A notice under subsection (3) or (4) must also state the prescribed review information for the decision.

(7)An approval is for the period stated in the approval.

(8)The approval must be kept on the aircraft, or watercraft, to which the approval relates.

(9)In this section—

relevant law means—

(a)the domestic commercial vessel national law; and

(b)the Transport Operations (Marine Pollution) Act 1995 ; and

(c)the Transport Operations (Marine Safety) Act 1994 .

s 22 amd 2016 SL No. 154 s 253 sch 10

23Renewal

(1)An approval holder for an approval may apply to the administering agency for regulated waters for the approval for the renewal of the approval.

(2)The application must be—

(a)made in the approved form; and

(b)supported by enough information to enable the administering agency to decide the application; and

(c)for a take off and landing approval—accompanied by the application fee for the approval.

(3) Section 22 applies to an application for renewal of an approval in the same way it applies to an application for an approval.

(4)Without limiting subsection (3), the administering agency may refuse to renew the approval if—

(a)the approval was issued or renewed because of information that is false or misleading; or

(b)it is necessary for public safety.

24Amending, suspending, or cancelling

(1)The administering agency for regulated waters may amend, suspend, or cancel an approval holder’s approval on any of the following grounds—

(a)the approval was issued or renewed because of information that is false or misleading;

(b)it is necessary for public safety;

(c)the effective management of a waterway;

(d)the person contravenes a relevant law, including a condition of the approval.

(2)In this section—

relevant law means any of the following—

(a)the Act, chapter 15, part 2;

(b)the domestic commercial vessel national law;

(c)the Transport Operations (Marine Pollution) Act 1995 ;

(d)the Transport Operations (Marine Safety) Act 1994 .

s 24 amd 2016 SL No. 154 s 253 sch 10

25Procedure for amending, suspending or cancelling

(1)This section applies if the administering agency for regulated waters considers there is a ground to amend, suspend or cancel an approval holder’s approval (the proposed action).

(2)Before taking the proposed action, the administering agency must give the approval holder a written notice stating—

(a)the proposed action; and

(b)the grounds for the proposed action; and

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

(d)if the proposed action is suspension of the approval—the proposed suspension period; and

(e)an invitation to the approval holder to show, within a stated time, of at least 14 days after the notice is given, why the proposed action should not be taken.

(3)If, after considering all written representations made within the stated time, the administering agency still considers a ground to take the proposed action exists, the administering agency 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 administering agency must inform the approval holder of the decision by giving the approval holder written notice.

(5)If the administering agency 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 later of the following—

(a)the day the notice is given to the approval holder; or

(b)the day of effect stated in the notice.

(7)However, if the approval is suspended or cancelled because of the conviction of a person for an offence—

(a)the suspension or cancellation does not take effect until—

(i)the end of the time to appeal against the conviction; and

(ii)if an appeal is made against the conviction—the appeal is finally decided; and

(b)the suspension or cancellation has no effect if the conviction is quashed on appeal.

26Procedure for urgent suspension

(1)Despite section 25 (1) to (6), if the administering agency that issued or renewed an approval considers it is necessary for public safety, or for the efficiency of a waterway, the administering agency may, by written notice given to the approval holder for the approval, decide to immediately suspend the approval until the earlier of the following—

(a)the administering agency informs the approval holder of the administering agency’s decision under section 25;

(b)the end of 56 days after the notice is given to the approval holder.

(2)The notice must state—

(a)the reasons for the decision; and

(b)the prescribed review information for the decision.

27Effect of suspension on renewal

(1)An approval that is suspended may be renewed.

(2)However, the suspension continues until the end of the suspension period.

28Approval to be returned after suspension or cancellation

(1)A person whose approval is suspended or cancelled must return the issued or renewed approval to the administering agency within 7 days after the suspension or cancellation takes effect, unless the person has a reasonable excuse.

Maximum penalty—20 penalty units.

(2)If an issued approval is returned to the administering agency because of a suspension of the approval, the administering agency must return it to the approval holder at the end of the period of suspension.

(3)In this section—

administering agency, for an approval, means the administering agency that issued the approval.

29Application of Act, ss 485 and 485A for review of decisions of chief executive

(1)Sections 485 and 485A of the Act apply to a decision made by the chief executive as if—

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

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

(2)In this section—

decision, made by the chief executive, means—

(a)a decision to grant an approval on conditions;

(b)a decision to refuse an application for an approval;

(c)a decision to amend, suspend or cancel an approval.

30Gold Coast Waterways Authority Act 2012, ss 36 and 37 apply for review of decisions made by Authority

The Gold Coast Waterways Authority Act 2012 , sections 36 and 37 apply to the following decisions made by the Authority—

(a)a decision to grant an approval on conditions;

(b)a decision to refuse an application for an approval;

(c)a decision to amend, suspend or cancel an approval.

31Fees

The fees payable under this regulation are stated in schedule 3.

32Repeals

The following waterway transport management plans are repealed—

•the Transport Infrastructure (Gold Coast Waterways) Management Plan 2000, SL No. 341

•the Transport Infrastructure (Sunshine Coast Waterways) Management Plan 2000, SL No. 342.

33Definitions for div 2

In this division—

commencement means the commencement of this section.

former provision, for a repealed plan, means—

(a)if the decision is made under the repealed Transport Infrastructure (Gold Coast Waterways) Management Plan 2000 —section 22 of the repealed plan; or

(b)if the decision is made under the repealed Transport Infrastructure (Sunshine Coast Waterways) Management Plan 2000 —section 27 of the repealed plan.

repealed plan means a waterway transport management plan repealed by section 32.

34Approvals granted under repealed plan

(1)This section applies to an approval for an activity (the pre-commencement approval) in force, immediately before the commencement, under the repealed plan.

(2)The pre-commencement approval is taken to be an approval (the deemed approval), for the activity, issued—

(a)under this regulation; and

(b)for the period ending on the earlier of the following—

(i)the end of the period stated in the pre-commencement approval; or

(ii)if an approval for the activity is issued under this regulation before the end of the period mentioned in subparagraph (i)—the day the approval is issued.

(3)Also, if the pre-commencement approval was subject to a condition under a repealed plan, the deemed approval is taken to be subject to the condition.

35Application for approvals made before commencement

(1)This section applies to an application for an approval for an activity made but not decided, before the commencement, under a repealed plan.

(2)For dealing with and deciding the application, the repealed plan continues to apply as if this regulation had not commenced.

(3)However, the decision on the application is taken to be a decision on an application for an approval for the activity under this regulation.

36Internal review of decisions

An application for an internal review of a decision, requested under section 485 of the Act as applied by a former provision of a repealed plan, that is not dealt with before the commencement is taken to be an application for an internal review of a decision requested under section 485 of the Act as applied by section 29 (1).

37External review of decisions

(1)An information notice given to an applicant under section 485A (2) of the Act as applied by a former provision of a repealed plan is taken to be an information notice given to the applicant under section 485A of the Act as applied by section 29 (1).

(2)An application for an external review of a decision under section 485A (3) of the Act as applied by a former provision of a repealed plan that is not dealt with before the commencement is taken to be an application for an external review of a decision under section 485A of the Act as applied by section 29 (1).

38References to repealed plan

(1)In a document a reference to a repealed plan may, if the context permits, be taken to be a reference to this regulation.

(2) Subsection (1) does not limit the application of the Acts Interpretation Act 1954 , section 14H.

sections 4 (1) (a), 7 (1), 8 (1), 9 (1), 18 or 19 (1) (a)

1the waters below the high water mark of Moreton Bay and the Broadwater, and all rivers, creeks, lakes, canals and navigable channels, south of latitude 27º41' south and east of longitude 153º east

1Biggera Creek and its tributaries

2Boobegan Creek and its tributaries

3waters 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

4waters of the Bundall flood channel between Ashmore Road and Racecourse Road

5waters known as Burleigh Lake, Lake Heron, Miami Lake, Pelican Lake, Silvabank Lake and Swan Lake located adjacent to Christine Avenue, Burleigh Waters

6waters known as Lake Cappabella located adjacent to Marbella Drive and Cabana Boulevard, Benowa

7waters known as Clear Island Lake located adjacent to Bermuda Street and Robina Parkway, Clear Island Waters

8canals

9Coombabah Creek and its tributaries

10the Coomera River and its tributaries

11Currumbin Creek and its tributaries

12waters located adjacent to Cyclades Crescent, Currumbin

13waters located adjacent to Cypress Drive, Broadbeach Waters

14Hollywell Harbour

15waters known as Lake Hugh Muntz located adjacent to Barrier Reef Drive, Mermaid Waters

16waters known as Lake Lido located adjacent to Cheltenham Drive, Robina

17Loders Creek and its tributaries

18waters known as Monterey Keys located adjacent to Saltwater Creek, Helensvale

19Mudgeeraba Creek and its tributaries

20the Nerang River, and its tributaries, upstream of the Nerang River Gold Coast Bridge linking Southport to Main Beach

21waters located adjacent to Nineteenth Avenue and Angelica, Ironbark and Acron Streets, Elanora

22waters known as Lake Orr located adjacent to Bond University, Robina

23waters known as Paradise Lake located adjacent to Burrendong Road and Lefroy Drive, Coombabah

24Paradise Point Boat Harbour

25waters known as Pine Lake located adjacent to Murtha Drive and Guineas Creek Road, Elanora

26waters known as Robina Waters located adjacent to Bermuda Street, Robina

27waters known as Lake Rosser located adjacent to Marbella Drive and Cabana Boulevard, Benowa

28waters known as Lake Runaway located adjacent to Kangaroo Avenue and Marsupial Drive, Runaway Bay

29waters located adjacent to Santa Cruz Boulevard, Clear Island Waters

30Tallebudgera Creek and its tributaries

31waters known as West Lake located adjacent to Ron Penhaligon Way, Robina

1waters of the southern 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

1waters of the northern 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.

2However, the waters do not include waters within 100m of the shores of the Sovereign Islands or Ephraim Island.

1the Coomera River (south arm)

2the Nerang River, and adjoining waters, upstream of the Nerang River Gold Coast Bridge linking Southport to Main Beach, other than—

(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.

2Tallebudgera Creek other than between 7a.m. and 7p.m. between—

(a)the boat ramp at Awonga Avenue, Burleigh Heads; and

(b)Mallawa Drive, Palm Beach

1Biggera Creek and its tributaries

2Boobegan Creek and its tributaries

3waters 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; and

(c)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

4waters of the Bundall flood channel between Ashmore Road and Racecourse Road

5waters known as Burleigh Lake, Lake Heron, Miami Lake, Pelican Lake, Silvabank Lake and Swan Lake located adjacent to Christine Avenue, Burleigh Waters

6waters known as Lake Cappabella located adjacent to Marbella Drive and Cabana Boulevard, Benowa

7waters known as Clear Island Lake located adjacent to Bermuda Street and Robina Parkway, Clear Island Waters

8canals

9Coombabah Creek and its tributaries

10the Coomera River and its tributaries

11Currumbin Creek and its tributaries

12waters located adjacent to Cyclades Crescent, Currumbin

13waters located adjacent to Cypress Drive, Broadbeach Waters

14Hollywell Harbour

15waters known as Lake Hugh Muntz located adjacent to Barrier Reef Drive, Mermaid Waters

16waters known as Lake Lido located adjacent to Cheltenham Drive, Robina

17Loders Creek and its tributaries

18waters known as Monterey Keys located adjacent to Saltwater Creek, Helensvale

19Mudgeeraba Creek and its tributaries

20the Nerang River, and its tributaries, upstream of the Nerang River Gold Coast Bridge linking Southport to Main Beach

21waters located adjacent to Nineteenth Avenue and Angelica, Ironbark and Acron Streets, Elanora

22waters known as Lake Orr located adjacent to Bond University, Robina

23waters known as Paradise Lake located adjacent to Burrendong Road and Lefroy Drive, Coombabah

24Paradise Point Boat Harbour

25waters known as Pine Lake located adjacent to Murtha Drive and Guineas Creek Road, Elanora

26waters known as Robina Waters located adjacent to Bermuda Street, Robina

27waters known as Lake Rosser located adjacent to Marbella Drive and Cabana Boulevard, Benowa

28waters known as Lake Runaway located adjacent to Kangaroo Avenue and Marsupial Drive, Runaway Bay

29waters located adjacent to Santa Cruz Boulevard, Clear Island Waters

30Tallebudgera Creek and its tributaries

31waters known as West Lake located adjacent to Ron Penhaligon Way, Robina

section 4 (1) (b), 6, 11 (1), or 19(1)(b)

the waters below high water mark of—

1Castaways Creek

2Lake Cooroibah

3Lake Cootharaba

4Cornmeal Creek

5Currimundi Lake

6Doonella Lake

7Keyser Channel

8the Maroochy River

9the Mooloolah River

10the Noosa River

11the Noosa River Canal Estate

12Pumicestone Strait (commonly known as Pumicestone Passage), and adjoining waters, north of a line from latitude 27º06' south on the mainland shore to South Point on Bribie Island

13Stumer Creek

14Tooway Creek

15Lake Weyba

16Weyba Creek

17waters adjoining waters described in item 1 to 16

1Currimundi Lake and adjoining waters

1Pumicestone Strait (commonly known as Pumicestone Passage) north of Bells Creek

1Currimundi Lake and adjoining waters

2the Maroochy River and adjoining waters

3the Mooloolah River and adjoining waters, other than commercial marinas and waters of the State owned boat harbour at Mooloolaba

4the Noosa River, and adjoining waters, downstream of a line running 333º true from Munna Point

5Lake Doonella and the waters of the Noosa River Canal Estate

6Tooway Creek

1the Maroochy River within—

(a)50m of the southern shore of the Maroochy River downstream of the Sunshine Motorway Bridge; or

(b)50m of the northern shore of the Maroochy River downstream of where Nojoor Road would intersect with the Maroochy River if it were to extend to the river

2the Mooloolah River and adjoining waters

3Pumicestone Strait (commonly known as Pumicestone Passage)—

(a)between Bells Creek and a line running 200º True to Bribie Island from where Knox Avenue, Caloundra would meet the shore of Pumicestone Strait if Knox Avenue were to continue to the shore; or

(b)within 100m of the mainland shore, between Glass Mountain Creek and Bribie Island Bridge; or

(c)within 100m of the shore of Bribie Island south of Wrights Creek on Bribie Island

4Tooway Creek

5waters in relation to which the general manager has stated, by gazette notice under the Transport Operations (Marine Safety) Regulation 2016 , section 197(4), that conducting waterskiing endangers marine safety other than the Maroochy River—

(a)upstream of the David Low Bridge at Bli Bli; or

(b)downstream of the Sunshine Motorway Bridge

sch 2 amd 2016 SL No. 154 s 253 sch 10

section 31

sub 2013 SL No. 75 s 16; 2014 SL No. 61 s 17; 2015 SL No. 25 s 16; 2016 SL No. 49 s 16

section 2

activity means—

(a)living on board a watercraft; or

(b)constructing, reconstructing, refitting or making structural repairs to a watercraft; or

(c)taking off or landing an aircraft.

adjoining waters include waters connected to each other by other waters.

administering agency—

(a)for regulated waters that are Gold Coast waterways—the Authority; or

(b)for regulated waters other than Gold Coast waterways—the chief executive.

anchoring does not include genuine transient anchoring.

Examples of genuine transient anchoring—

1anchoring to fish from a watercraft

2anchoring for 15 minutes to buy bait or unload gear

application fee, for an approval, means the fee for the approval stated in schedule 3.

approval, for an activity, means—

(a)for living on board a watercraft—a living on board approval; or

(b)for constructing, reconstructing, refitting or repairing the structure of a watercraft—a watercraft works approval; or

(c)for taking off or landing an aircraft—a take off and landing approval.

approval holder, for an approval, means a person who holds the approval.

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 structure, such as a navigation aid, sign, jetty, mooring or tidal work, approved under the Transport Operations (Marine Safety) Act 1994 or the Planning Act.

Authority means the Gold Coast Waterways Authority established under the Gold Coast Waterways Authority Act 2012 .

commencement, for part 9, division 2, see section 34.

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

def domestic commercial vessel national law ins 2016 SL No. 154 s 253 sch 10

former provision, for a repealed plan, see section 34.

freestyle, for use of 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 (1) (a).

Gold Coast waterways see the Gold Coast Waterways Authority Act 2012 , section 7 (2).

living on board approval see section 12.

marina means a buoy mooring, jetty or pile mooring (each the place) or combination of the places, at which, for a fee or reward, a ship is, or may be, anchored, berthed or moored.

MSQ means Maritime Safety Queensland established under the Maritime Safety Queensland Act 2002 .

prescribed review information, for a decision for an administering agency, means information that a person to whom a notice about the decision is given under section 22 (3) or (4), 25 (4) or 26 (1) may—

(a)for a decision made by the chief executive—

(i)ask for the decision to be reviewed by the chief executive under section 485 of the Act, as applied under section 29; and

(ii)

ask for the chief executive’s decision on the review (the reviewed decision) to be reviewed by QCAT under section 485A of the Act, as applied under section 29; and

(b)for a decision made by the Authority—

(i)ask for the decision to be reviewed by the Authority under the Gold Coast Waterways Authority Act 2012 , section 36, as applied under section 30; and

(ii)

ask for the Authority’s decision (also the reviewed decision) on the review to be reviewed by QCAT under Gold Coast Waterways Authority Act 2012 , section 37, as applied under section 30; and

(c)apply to QCAT for the decision to be stayed under the Transport Planning and Coordination Act 1994 , part 5, division 2; and

(d)apply for a reviewed decision under paragraphs (a)(ii) or (b)(ii) to be stayed under the QCAT Act.

regulated waters see section 4 (1).

repealed plan, for part 9, division 2, see section 34.

shore means the shore at low water mark.

stated, in relation to an approval, means stated in the approval.

Sunshine Coast waters see section 4 (1) (b).

surf, for use of a watercraft, means drive the watercraft down a breaking wave, wake or swell.

take off and landing approval see section 17.

watercraft works approval see section 15.

waterski means tow a person by a line attached to a watercraft, including, for example, tow a person riding on a toboggan or tube.

wave jump, for use of 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.