Transport Infrastructure (Public Marine Facilities) Regulation 2011

1Short title

This regulation may be cited as the Transport Infrastructure (Public Marine Facilities) Regulation 2011.

2Commencement

This regulation commences on 1 September 2011.

3Definitions

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

4Reference to plan

A reference to a plan in this regulation is a reference to a plan held by the department.

Note—

Plans held by the department are available for inspection at the department’s Brisbane office during normal office hours.

Editor’s note—

The department’s Brisbane office is located at 85 George Street, Brisbane.

5Manager

(1)An entity mentioned in schedule 1 is appointed as the manager of the public marine facility stated opposite the entity in the schedule.

Note—

Under the Act, section 519(2), a person mentioned in that section is taken to be appointed under the Act, section 459 as the manager of a public marine facility constituted by a wharf or other harbour work mentioned in section 519(1).

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

s 5 amd 2014 SL No. 75 s 3; 2021 SL No. 180 s 4

6Condition of appointment

The appointment of a manager is on condition that the manager allow the public marine facility for which the manager is appointed to be used only—

(a)for a genuine, private, recreational boating purpose; or

(b)for a commercial purpose with—

(i)the manager’s written approval; and

(ii)the written consent of the chief executive.

7Manager’s responsibilities for managing public marine facility

(1)The responsibilities of a manager in managing a public marine facility include—

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

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

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

(d)all other aspects of managing the facility, including funding of maintenance unless otherwise agreed to by the chief executive.

(2)The responsibilities do not include replacing a public marine facility that is—

(a)a boat ramp; or

(b)a breakwater; or

(c)a landing; or

(d)a navigational aid; or

(e)a revetment wall.

7AEnding appointment

The appointment under the Act, section 459 of the person mentioned in schedule 1A, column 1, as the manager of the public marine facility mentioned opposite in schedule 1A, column 2 is ended.

s 7A ins 2014 SL No. 75 s 4

8Application of div 2

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

9Using boat ramp or landing

(1)A person must not drive or stand a vehicle on a boat ramp other than to launch or retrieve a ship.

Maximum penalty—20 penalty units.

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

Maximum penalty—20 penalty units.

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

Maximum penalty—20 penalty units.

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

Maximum penalty—20 penalty units.

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

Maximum penalty—20 penalty units.

(6)A person must not carry out maintenance or repairs to a ship in the water around a boat ramp or landing, unless the person has a reasonable excuse.

Maximum penalty—20 penalty units.

(7)A person must not take or drive a vehicle on to a boat ramp if the mass of the vehicle and its load, if any, together with any trailer that the vehicle is towing and its load, if any, is more than—

(a)5t; or

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

Maximum penalty—20 penalty units.

(8)A person must not take or drive a vehicle on to a landing.

Maximum penalty—20 penalty units.

(9)However, a person does not contravene subsection (8) if—

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

(i)is approved by the chief executive; and

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

(iii)states the maximum mass of the vehicle and its load, if any, together with any trailer that the vehicle is towing and its load, if any, that may be taken or driven on to the landing; and

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

(10)A person must not take or drive on to a boat ramp or landing a vehicle, other than a vehicle that moves on wheels fitted with pneumatic or rubber tyres.

Maximum penalty for subsection (10)—20 penalty units.

10Activities controlled by regulatory notice at boat ramp or landing managed by chief executive

(1)This section applies if the chief executive is the manager of a public marine facility that is a boat ramp or landing.

(2)The chief executive may, by a regulatory notice, control access to, or the use of, the boat ramp or landing.

(3)Without limiting subsection (2), the chief executive may, by a regulatory notice, control activities or conduct on the boat ramp or landing for—

(a)maintaining or improving the safe, secure or efficient operation of the boat ramp or landing; or

(b)maintaining or improving the convenience of users of the boat ramp or landing; or

(c)protecting the environment at the boat ramp or landing.

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

Maximum penalty for subsection (4)—40 penalty units.

11Activities controlled by authorised officers at boat ramp or landing managed by chief executive

(1)This section applies if the chief executive is the manager of a public marine facility that is a boat ramp or landing.

(2)An authorised officer may give a direction to a person on or near the boat ramp or landing, if the direction is reasonably necessary for ensuring the safety and security of the boat ramp or landing, its users or the department’s employees.

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

Maximum penalty for subsection (3)—40 penalty units.

(4)If the person fails to comply with the direction, the authorised officer must warn the person it is an offence not to comply with the direction unless the person has a reasonable excuse.

(5)The authorised officer must give the person a further reasonable opportunity to comply with the direction.

12Application of pt 3

(1)This part applies only to a State managed boat harbour.

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

13General control of activities

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

(2)Without limiting subsection (1), the chief executive may, by a regulatory notice, control activities or conduct in the boat harbour for—

(a)maintaining or improving the safe, secure or efficient operation of the boat harbour; or

(b)maintaining or improving the convenience of users of the boat harbour; or

(c)protecting the environment at or in the boat harbour.

(3)The power conferred by another provision of this subdivision to control by a regulatory notice does not limit the power conferred by this section.

14Movement or mooring of ships

(1)The chief executive may, by a regulatory notice, control the movement or mooring of ships at a public marine facility in a State managed boat harbour.

(2)Also, the chief executive may, by a regulatory notice, control the movement or mooring of ships in a State managed boat harbour if the movement or mooring may affect the boat harbour’s operation.

(3)In addition, the chief executive may, by a regulatory notice, control activities on or by ships moored in a State managed boat harbour if the activities may affect the boat harbour’s operation.

15Movement, handling or storage of goods

The chief executive may, by a regulatory notice, control the movement, handling or storage of goods loaded, unloaded or transhipped to or from ships using a public marine facility in a State managed boat harbour.

16Movement of passengers

The chief executive may, by a regulatory notice, control the movement of passengers to or from ships using a public marine facility in a State managed boat harbour.

17Movement, stopping or parking of vehicles

(1)The chief executive may, by a regulatory notice, control the movement, stopping or parking of vehicles in a State managed boat harbour, including, for example the following—

(a)fixing a maximum speed limit;

(b)indicating a pedestrian crossing;

(c)indicating a place where driving, parking or standing of vehicles is restricted or prohibited.

(2)In this section—

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

18Noncompliance with regulatory notice

A person must comply with a regulatory notice under this subdivision.

Maximum penalty—

(a)for contravention of a requirement of a regulatory notice under section 13, 16 or 17—20 penalty units; or

(b)for contravention of a requirement of a regulatory notice under section 14 or 15—40 penalty units.

19Safety and security

(1)An authorised officer may give directions to persons in a State managed boat harbour if the directions are reasonably necessary for ensuring the safety or security of the boat harbour, its users or the department’s employees.

(2)The power conferred on an authorised officer by another provision of this regulation does not limit the power conferred on an authorised officer by this section.

20Movement or mooring of ships

(1)An authorised officer may control the movement or mooring of ships at a public marine facility in a State managed boat harbour and, for the purpose, may give directions to persons apparently in charge of ships.

(2)Also, an authorised officer may control the movement or mooring of ships in a State managed boat harbour if the movement or mooring may affect the boat harbour’s operation and, for the purpose, may give directions to persons apparently in charge of ships.

(3)In addition, an authorised officer may control activities on or by ships moored in a State managed boat harbour if the activities may affect the boat harbour’s operation and, for the purpose, may give directions to persons apparently in charge of ships.

21Movement, handling or storage of goods

An authorised officer may control the movement, handling or storage of goods loaded, unloaded or transhipped to or from ships using a public marine facility in a State managed boat harbour and, for the purpose, may give directions to persons apparently in charge of goods in the boat harbour.

22Movement of passengers

An authorised officer may control the movement of passengers to or from ships using a public marine facility in a State managed boat harbour and, for the purpose, may give directions to persons in the boat harbour.

23Movement, stopping or parking of vehicles

(1)An authorised officer may control the movement, stopping or parking of vehicles in a State managed boat harbour and, for the purpose, may give directions to drivers of vehicles and other persons in the boat harbour.

(2)In this section—

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

24Noncompliance with directions

(1)A person must comply with a direction given to the person by an authorised officer under this subdivision, unless the person has a reasonable excuse.

Maximum penalty—

(a)for contravention of a direction under section 19, 22 or 23—20 penalty units; or

(b)for contravention of a direction under section 20 or 21—40 penalty units.

(2)If the person fails to comply with the direction, the authorised officer must warn the person it is an offence not to comply with the direction unless the person has a reasonable excuse.

(3)The authorised officer must give the person a further reasonable opportunity to comply with the direction.

25Moving illegally moored ships

(1)This section applies if—

(a)an authorised officer reasonably believes—

(i)a ship is moored in a State managed boat harbour in contravention of a requirement of a regulatory notice or a direction of an authorised officer; and

(ii)it is necessary to move the ship having regard to—

(A)the convenience of ships or persons using the boat harbour; or

(B)the safety or security of the boat harbour, its users or the department’s employees; and

(b)the authorised officer—

(i)can not immediately find the ship’s master or another person in charge of the ship; or

(ii)reasonably believes neither the ship’s master, nor any other person in charge of the ship, is able or willing to move the ship immediately.

(2)The authorised officer may take steps that are necessary and reasonable to have the ship moved.

26Moving illegally left goods

(1)This section applies if—

(a)an authorised officer reasonably believes—

(i)goods have been left in a State managed boat harbour in contravention of a requirement of a regulatory notice or a direction of an authorised officer; and

(ii)it is necessary to move the goods having regard to—

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

(B)the safety or security of the boat harbour, its users or the department’s employees; and

(b)the authorised officer—

(i)can not immediately find the owner of the goods or another person in charge of the goods; or

(ii)reasonably believes neither the owner, nor any other person in charge of the goods, is able or willing to move the goods immediately.

(2)The authorised officer may—

(a)take steps that are necessary and reasonable to have the goods moved; or

(b)if the goods are perishable or of little or no value—treat the goods as abandoned property under part 3, division 4.

27Moving illegally parked vehicles

(1)This section applies if—

(a)an authorised officer reasonably believes—

(i)a vehicle is parked in a State managed boat harbour in contravention of a requirement of a regulatory notice or a direction of an authorised officer; and

(ii)it is necessary to move the vehicle having regard to—

(A)the convenience of persons using the boat harbour; or

(B)the safety or security of the boat harbour, its users or the department’s employees; and

(b)the authorised officer—

(i)can not immediately find the driver of the vehicle or another person in charge of the vehicle; or

(ii)reasonably believes neither the driver of the vehicle, nor any other person in charge of the vehicle, is able or willing to move the vehicle immediately.

(2)The authorised officer may take steps that are necessary and reasonable to have the vehicle moved.

28Liability for movement of ships, goods, vehicles

(1)If the chief executive reasonably incurs expenses because an authorised officer takes steps under this part to have a ship or goods moved, the amount of the expenses is a debt payable jointly and severally to the State by the persons who would be liable under section 78 as if the expenses were fees for, or under, an approval mentioned in section 38 or 39 in relation to a ship or goods.

(2)If the chief executive reasonably incurs expenses because an authorised officer takes steps under this part to have a vehicle moved, the amount of the expenses is a debt payable jointly and severally to the State by the owner and driver of the vehicle.

29Definitions for div 4

In this division—

abandoned property means property that—

(a)the chief executive reasonably believes has been abandoned in a State managed boat harbour; and

(b)includes a ship, vehicle and anything attached to, or contained in, a ship or vehicle.

detention notice see section 31(1).

30Locating owner of, and moving, abandoned property

(1)This section applies if the chief executive—

(a)finds abandoned property; and

(b)intends to take action under this division.

(2)The chief executive—

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

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

31Detention notice for abandoned property

(1)As soon as practicable, but within 14 days, after finding the abandoned property and deciding to take the action, the chief executive must give the owner of the property, if known, a written notice (detention notice)—

(a)describing the property; and

(b)stating the property has been found; and

(c)explaining how the property may be recovered; and

(d)stating the property may be sold or disposed of if it is not recovered.

(2)If the owner of the property is not known or can not be located within the 14 days, the detention notice may be given by publishing it in a newspaper circulating generally in the State.

32Returning claimed abandoned property

If a person claims the abandoned property within 1 month after the detention notice is given, the chief executive must return the property to the person if the person—

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

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

33Selling or disposing of unclaimed abandoned property

(1)If no person claims the abandoned property within 1 month after the detention notice is given, the chief executive may—

(a)sell the property; or

(b)dispose of the property in the way the chief executive considers appropriate, if the proceeds of sale of the property are not likely to cover the total of—

(i)the expenses reasonably incurred by the chief executive in selling the property; and

(ii)the expenses reasonably incurred by the chief executive in dealing with the property under this division; and

(iii)any fees and other expenses owing to the chief executive in relation to the property.

(2)Despite anything else in this division, if the abandoned property is perishable, the chief executive may sell the property immediately if it is impracticable, having regard to the nature and condition of the property, for it to be detained by the chief executive.

34Application of proceeds of sale of abandoned property

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

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

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

(c)in payment of any fees and other expenses owing to the chief executive in relation to the property;

(d)if there is an amount owing to an entity under a security interest registered for the abandoned property under the Personal Property Securities Act 2009 (Cwlth)—in payment of the amount owing under the security interest;

(e)the balance to the owner of the abandoned property or, if the owner can not be found, to the consolidated fund.

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

35Disposal of valueless abandoned property

Despite anything else in this division, if the chief executive reasonably considers abandoned property has no value or insufficient value to justify its sale, the chief executive may dispose of the property in the way the chief executive considers appropriate.

36Compensation not recoverable

If the chief executive sells or disposes of abandoned property under this division, no compensation is recoverable against the State for the sale or disposal of the property.

37Application for approval

A person may apply to the chief executive for an approval.

38Mooring approval

(1)The chief executive may grant, or refuse to grant, a person an approval to moor a ship in a relevant State managed boat harbour.

(2)The approval—

(a)is subject to the standard conditions; and

(b)may be subject to other reasonable and relevant conditions.

(3)The standard conditions and any other conditions must be stated in, or attached to, the approval.

(4)A person must not moor a ship in a relevant State managed boat harbour—

(a)without an approval; or

(b)otherwise than in accordance with an approval granted to the person.

Maximum penalty for subsection (4)—40 penalty units.

(5)This section does not limit another provision of this regulation about mooring a ship.

(6)In this section—

relevant State managed boat harbour does not include land in the boat harbour—

(a)over which a person, other than the chief executive, has a tenure; or

(b)for which a person has a development approval to construct works below the high-water mark, for a private purpose.

s 38 amd 2017 SL No. 103 s 128

39Transport service approval

(1)The chief executive may grant, or refuse to grant, a person an approval to operate a commercial ship in a State managed boat harbour to provide a transport service in the course of carrying on a business.

(2)The approval—

(a)is subject to the standard conditions; and

(b)may be subject to other reasonable and relevant conditions.

(3)The standard conditions and any other conditions must be stated in, or attached to, the approval.

(4)A person must not operate a commercial ship in a State managed boat harbour to provide a transport service in the course of carrying on a business—

(a)without an approval; or

(b)otherwise than in accordance with an approval granted to the person.

Maximum penalty for subsection (4)—40 penalty units.

(5)In this section—

State managed boat harbour does not include Mooloolaba Harbour.

40Fuelling service approval

(1)The chief executive may grant, or refuse to grant, a person an approval to operate a service to dispense fuel to a ship (a fuelling service) in a State managed boat harbour.

(2)If the place where a fuelling service is to be operated is a place over which a person other than the chief executive has a tenure, the chief executive may grant the approval only to the holder of the tenure.

(3)The approval—

(a)is subject to the standard conditions; and

(b)may be subject to other reasonable and relevant conditions.

(4)The standard conditions and any other conditions must be stated in, or attached to, the approval.

(5)A person must not operate a fuelling service in a State managed boat harbour—

(a)without an approval; or

(b)otherwise than in accordance with an approval granted to the person.

Maximum penalty for subsection (5)—40 penalty units.

41Fish receival service approval

(1)The chief executive may grant, or refuse to grant, a person a fish receival service approval for a place in a relevant State managed boat harbour.

(2)Subsection (1) applies whether the fish are received into a fixed or mobile facility.

Example of a mobile facility—

a refrigerated van or truck

(3)Subsection (4) applies if the place where a fish receival service is to be operated under the approval is a place over which a person other than the chief executive has a tenure.

(4)The chief executive may grant the approval only to the holder of the tenure.

(5)The approval—

(a)is subject to the standard conditions; and

(b)may be subject to other reasonable and relevant conditions.

(6)The standard conditions and any other conditions must be stated in, or attached to, the approval.

(7)A person must not operate a fish receival service at a place in a relevant State managed boat harbour—

(a)without a fish receival service approval for the place; or

(b)otherwise than in accordance with a fish receival service approval granted to the person for the place.

Maximum penalty for subsection (7)—40 penalty units.

(8)However, a person does not contravene subsection (7)(a) if the person—

(a)operates, at a place, a fish receival service at a fixed facility—

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

(ii)in accordance with the approval of the holder; and

(b)has the holder’s permission to receive fish at the place.

42Procedure if approval refused or granted on condition

(1)This section applies if the chief executive decides to—

(a)refuse to grant an approval; or

(b)grant an approval subject to a condition, other than a standard condition.

(2)The chief executive must give the applicant for the approval written notice of the decision.

(3)The written notice must—

(a)include the reasons for the decision; and

(b)be accompanied by an information notice for the decision.

(4)Despite subsection (2), if the application is for a short-term approval, the chief executive may tell the applicant of the decision and the reasons for it orally.

(5)In this section—

short-term approval means an approval for 1 month or less.

43Amending, suspending or cancelling approval on application by holder

The chief executive may, on the application of the holder of an approval, amend, suspend or cancel the approval.

44Amending, suspending or cancelling approval without application

(1)This section applies if—

(a)an approval was obtained because of incorrect or misleading information; or

(b)the holder of an approval contravenes—

(i)the approval, including a condition on which it is granted; or

(ii)this regulation; or

(c)after an approval is granted, there is a material change in the circumstances relevant to the granting of the approval.

Example for paragraph (b)(i)—

The holder does not pay the fees for the approval when they are due.

Example for paragraph (c)—

The holder of a mooring approval replaces the ship for which the mooring approval was granted with a smaller size ship that is inappropriate for the size of mooring and effective management and use of the boat harbour.

(2)The chief executive may decide to amend, suspend or cancel the approval.

(3)If the chief executive decides to amend, suspend or cancel the approval, the chief executive must give the holder at least 14 days written notice of when the decision takes effect.

(4)The written notice must include—

(a)a statement of reasons for the chief executive’s decision; and

(b)be accompanied by an information notice for the decision.

45Internal and external review of decisions

(1)This section applies to a decision of the chief executive to—

(a)refuse to grant an approval; or

(b)refuse to grant an amendment, suspension or cancellation of an approval applied for by the holder; or

(c)grant an approval subject to a condition, other than a standard condition; or

(d)amend, suspend or cancel an approval without the holder’s request.

(2)Sections 485 and 485A of the Act apply to a decision mentioned in subsection (1) as if—

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

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

46Conduct causing public nuisance

A person in a State managed boat harbour must not be disorderly or create a disturbance.

Maximum penalty—20 penalty units.

47Ship to be securely moored

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

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

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

(i)the ship; and

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

Maximum penalty—40 penalty units.

(2)In this section—

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

48Prohibition on anchoring

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

Maximum penalty—40 penalty units.

(2)In this section—

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

49Head and stern mooring for ship at pile or buoy mooring

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

Maximum penalty—40 penalty units.

(2)In this section—

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

50Prohibition on unloading fish

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

Maximum penalty—40 penalty units.

(2)However, the operator does not contravene subsection (1) if—

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

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

(ii)in accordance with the approval of the holder; and

(b)the person receiving the fish at the facility has the approval holder’s prior permission to receive fish at the place.

51Appointment and qualifications

(1)The chief executive may, by instrument in writing, appoint an officer of the department as an authorised officer for a public marine facility managed by the chief executive.

(2)However, the chief executive may appoint a person as an authorised officer for a public marine facility only if the chief executive is satisfied the person is qualified for appointment because the person has the necessary expertise or experience.

52Appointment conditions and limit on powers

(1)An authorised officer for a public marine facility holds office on any conditions stated in—

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

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

(c)this regulation.

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

(3)In this section—

signed notice means a notice signed by the chief executive.

53When office ends

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

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

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

(c)the authorised officer’s resignation under section 54 takes effect.

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

(3)In this section—

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

54Resignation

An authorised officer for a public marine facility may resign by signed notice given to the chief executive.

55Issue of identity card

(1)The chief executive must issue an identity card to each authorised officer for a public marine facility.

(2)The identity card must—

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

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

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

(d)state an expiry date for the card.

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

56Production or display of authorised officer’s identity card

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

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

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

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

57Return of identity card

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

Maximum penalty—10 penalty units.

58References to exercise of powers

If—

(a)a provision of this part refers to the exercise of a power by an authorised officer for a public marine facility; and

(b)there is no reference to a specific power;

the reference is to the exercise of all or any of the authorised officer’s powers under this part, to the extent the powers are relevant.

59Reference to document includes reference to reproductions from electronic document

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

(a)produced from an electronic document; or

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

60Power to require name and address

(1)This section applies if an authorised officer for a public marine facility—

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

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

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

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

(a)a business address; or

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

(3)The authorised officer may also require the person to give evidence of the correctness of the stated name or address if, in the circumstances, it would be reasonable to expect the person to—

(a)be in possession of evidence of the correctness of the stated name or address; or

(b)otherwise be able to give the evidence.

(4)When making a personal details requirement, the authorised officer must give the person an offence warning for the requirement.

(5)A requirement under this section is a personal details requirement.

(6)In this section—

offence warning, for a personal details requirement, means a warning that, without a reasonable excuse, it is an offence for the person to whom the requirement is made not to comply with it.

61Offence to contravene personal details requirement

(1)A person of whom a personal details requirement has been made must comply with the requirement unless the person has a reasonable excuse.

Maximum penalty—10 penalty units.

(2)A person may not be convicted of an offence under subsection (1) unless the person is found guilty of the offence in relation to which the personal details requirement was made.

62Power to require production of documents

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

(a)a document issued to the person under this regulation; or

(b)a document required to be kept by the person under an approval; or

(c)if a document or information required to be kept by the person under this regulation is stored or recorded by means of a device—a document that is a clear written reproduction of the stored or recorded document or information.

(2)A requirement under subsection (1) is a document production requirement.

(3)For an electronic document, compliance with the document production requirement requires the making available or production of a clear written reproduction of the electronic document.

(4)The authorised officer may keep the document to copy it.

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

(6)A requirement under subsection (5) is a document certification requirement.

(7)The authorised officer must return the document to the person as soon as practicable after copying it.

(8)However, if a document certification requirement is made of a person, the authorised officer may keep the document until the person complies with the requirement.

63Offence to contravene document production requirement

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

Maximum penalty—20 penalty units.

(2)It is not a reasonable excuse for a person to fail to comply with a document production requirement on the basis that complying with the requirement might tend to incriminate the person or expose the person to a penalty.

Note—

See, however, section 71.

(3)The authorised officer must inform the person, in a way that is reasonable in the circumstances—

(a)that the person must comply with the document production requirement even though complying might tend to incriminate the person or expose the person to a penalty; and

(b)that, under section 71, there is a limited immunity against the future use of the information or document given in compliance with the requirement.

(4)If the person fails to comply with the document production requirement when the authorised officer has failed to comply with subsection (3), the person can not be convicted of the offence against subsection (1).

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

64Offence to contravene document certification requirement

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

Maximum penalty—20 penalty units.

(2)It is not a reasonable excuse for a person to fail to comply with a document certification requirement on the basis that complying with the requirement might tend to incriminate the person or expose the person to a penalty.

Note—

See, however, section 71.

(3)The authorised officer must inform the person, in a way that is reasonable in the circumstances—

(a)that the person must comply with the document certification requirement even though complying might tend to incriminate the person or expose the person to a penalty; and

(b)that, under section 71, there is a limited immunity against the future use of the information or document given in compliance with the requirement.

(4)If the person fails to comply with the document certification requirement when the authorised officer has failed to comply with subsection (3), the person can not be convicted of the offence against subsection (1).

65Entry and inspection of loading place

(1)An authorised officer for a public marine facility may enter a loading place, when the loading place is open for the carrying on of business or otherwise open for entry, to decide—

(a)whether fees are payable for a commercial ship or goods that are at the loading place; and

(b)if fees are payable under paragraph (a), the amount of the fees.

(2)The authorised officer may—

(a)inspect the loading place, including any goods at the loading place; or

(b)board and inspect a commercial ship at the loading place, and inspect any goods on the ship.

Example for paragraph (a) of how an officer may inspect a loading place—

The officer may stand in a part of the loading place near the gangway to a commercial ship moored at the loading place and count passengers being loaded to or unloaded from the ship.

(3)The officer may, if necessary, enter a loading place by passing over relevant land for carrying on a business if the relevant land is—

(a)open for carrying on the business; or

(b)otherwise open for entry.

(4)In this section—

loading place—

(a)means a place in a State managed boat harbour where goods or passengers are loaded, unloaded or transhipped to or from a commercial ship; but

(b)does not include a part of the place where a person resides.

relevant land, for carrying on a business—

(a)means land or facilities—

(i)in a State managed boat harbour under the control of someone other than the chief executive; and

(ii)used for carrying on the business; but

(b)does not include a part of land or facilities where a person resides.

66Obstructing authorised officer

(1)A person must not obstruct an authorised officer for a public marine facility in the exercise of a power, unless the person has a reasonable excuse.

Maximum penalty—20 penalty units.

(2)If a person has obstructed an authorised officer for a public marine facility and the authorised officer decides to proceed with the exercise of the power, the authorised officer must warn the person that—

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

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

(3)In this section—

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

67Impersonating inspector

A person must not impersonate an authorised officer for a public marine facility.

Maximum penalty—20 penalty units.

68Duty to avoid inconvenience and minimise damage

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

Note—

See also section 70.

69Notice of damage

(1)This section applies if an authorised officer for a public marine facility damages something when exercising, or purporting to exercise, a power.

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

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

(b)the thing has been abandoned.

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

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

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

(b)ensure it is left in a conspicuous position and in a reasonably secure way.

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

(6)The delay may be only for so long as the authorised officer continues to have the reasonable suspicion and remains in the vicinity of the place.

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

(8)The notice must state—

(a)particulars of the damage; and

(b)that the person who suffered the damage may claim compensation under section 70.

70Compensation

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

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

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

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

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

(4)In considering whether it is just to order compensation, the court must have regard to any relevant offence committed by the claimant.

(5)Section 68 does not provide for a statutory right of compensation other than is provided by this section.

(6)In this section—

loss includes costs and damage.

71Evidential immunity for individuals complying with particular requirements

(1)Subsection (2) applies if an individual gives or produces information or a document to an authorised officer for a public marine facility under section 62.

(2)Evidence of the information or document, and other evidence directly or indirectly derived from the information or document, is not admissible against the individual in any proceeding to the extent it tends to incriminate the individual, or expose the individual to a penalty, in the proceeding.

(3)Subsection (2) does not apply to a proceeding about the false or misleading nature of the information or anything in the document or in which the false or misleading nature of the information or document is relevant evidence.

72What is a regulatory notice

(1)A regulatory notice for a public marine facility is a notice by the chief executive under a regulatory notice provision.

(2)A regulatory notice for a public marine facility may be—

(a)erected or displayed as required by section 75; or

(b)a document given to a person having access to, or using, the facility.

73What is a regulatory notice provision

Each of the following provisions is a regulatory notice provision—

(a)section 10;

(b)sections 13 to 17.

74Regulatory notices generally

A regulatory notice must—

(a)indicate the public marine facility to which the notice applies; and

(b)state that contravention of the notice is an offence and the maximum penalty for the offence.

75Regulatory notices erected or displayed

(1)Without limiting section 74, a regulatory notice for a public marine facility—

(a)must be erected or displayed—

(i)at or near an entrance commonly used by persons to gain access to the facility; or

(ii)on or near the facility; and

(b)may be in the form of an official traffic sign and, if it is, is taken to contain the indication given by the corresponding official traffic sign.

(2)Evidence that the notice was erected or displayed at or near an entrance to a public marine facility, or on or near the facility is evidence that the notice was erected or displayed by the chief executive.

(3)A notice erected or displayed at or near an entrance to a public marine facility or on or near the facility must be clearly visible to passers by.

(4)In this section—

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

76Regulatory notice may refer to documents held by chief executive

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

Examples of things a document may be about—

•the movement or mooring of ships

•the movement, handling or storage of goods

•fire or hazard protection

•emergency procedures

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

(3)The regulatory notice must—

(a)if the document is a standard—state that a copy of the standard is available for inspection, or for purchase, at reasonable cost at a stated office of the department during normal business hours; or

(b)if the document is not a standard—

(i)include a copy of the document; or

(ii)include a summary of the requirement or a table of the document’s provisions that concern the requirement and state that a copy of the document is available free of charge at a stated office of the department during normal business hours.

(4)In this section—

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

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

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

s 76 amd 2016 SL No. 154 s 253 sch 10

77Fees in State managed boat harbour

(1)The fees payable to the chief executive for an approval in relation to a relevant State managed boat harbour are stated in schedule 2, part 1.

(2)A lessee, other than the chief executive, under the Land Act 1994 of land in a State managed boat harbour must pay to the chief executive the fees stated in schedule 2, part 2 for each mooring in the leased land.

78Extended liability for payment of approval fees

(1)This section applies if fees are payable for, or under, an approval mentioned in section 38 or 39 in relation to a ship or goods or passengers carried on it.

(2)The liability for the fees falls jointly and severally on the following—

(a)the owner of the ship;

(b)the master of the ship;

(c)the agent of the owner of the ship;

(d)any other person who has made himself or herself liable for the fees.

79Fees in non-State managed boat harbour

The manager of a non-State managed boat harbour must pay to the chief executive the fees stated in schedule 3 for each mooring in the boat harbour.

80When fees payable

(1)The fees payable for, or under, an approval must be paid to the chief executive—

(a)before the chief executive grants the approval; or

(b)if the approval states a later time for the payment of fees, before or at the later time.

(2)The fees payable under section 77(2) or 79 must be paid to the chief executive no later than 3 months after each due date.

(3)In this section—

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

81Arrangement for paying approval fees

(1)This section applies despite section 80(1).

(2)A person liable to pay fees for, or under, an approval may ask the chief executive to enter into another arrangement with the person for the payment of the fees.

Example—

An arrangement may be for the payment of fees in arrears.

(3)The request must—

(a)be in writing; and

(b)state how and when the fees are to be paid (the proposed arrangement).

(4)The chief executive must refuse the request if it is not made in a reasonable time before the fees are payable for the chief executive to properly decide the request.

(5)The chief executive may, by signed notice, require the person to give, within the reasonable time stated in the notice, the additional documents or information the chief executive considers necessary to decide the request.

(6)The chief executive may refuse to consider the request until the person supplies the requested documents or information.

(7)If the chief executive agrees to the proposed arrangement, the person must pay the fees as required under the arrangement.

82Definition for div 2

In this division—

official means—

(a)the chief executive; or

(b)an authorised officer for a public marine facility; or

(c)another person in the department in which the Act is administered.

s 82 def official amd 2012 SL No. 179 s 3

83False or misleading statements to official

A person must not state anything to an official the person knows is false or misleading in a material particular.

Maximum penalty—20 penalty units.

84False or misleading documents to official

(1)A person must not give an official a document containing information the person knows is false or misleading in a material particular.

Maximum penalty—20 penalty units.

(2)Subsection (1) does not apply to a person who when giving the document—

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

(b)if the person has, or can get, the correct information, gives the correct information to the official.

85Protection from liability

(1)An authorised officer for a public marine facility is not civilly liable for an act done, or omission made, honestly and without negligence under this regulation.

(2)If subsection (1) prevents a civil liability attaching to an authorised officer for a public marine facility, the liability attaches instead to the State.

86Repeal

The Transport Infrastructure (Public Marine Facilities) Regulation 2000 SL No. 339 is repealed.

pt 7 div 2 hdg amd 2014 SL No. 75 s 5

87Definitions for div 2

In this division—

commencement means 1 September 2011.

repealed, in relation to the Transport Infrastructure (Public Marine Facilities) Regulation 2000 or a provision of the regulation, means the regulation or provision as it was in force from time to time before the commencement.

s 87 amd 2012 SL No. 179 s 4

88Liability for movement of ships, goods, vehicles

(1)A debt payable immediately before the commencement under repealed section 28(1) is taken to be a debt payable under section 28(1).

(2)A debt payable immediately before the commencement under repealed section 28(2) is taken to be a debt payable under section 28(2).

89Detention notice for abandoned property

(1)A detention notice given under repealed section 31(1) immediately before the commencement is taken to be a detention notice given under section 31(1).

(2)A detention notice given under repealed section 31(2) immediately before the commencement is taken to be a detention notice given under section 31(2).

90Applications for approvals

An application for an approval not finally dealt with immediately before the commencement is taken to be an application under section 37.

91Applications for amending, suspending or cancelling approval

An application under repealed section 42 that has not been finally dealt with before the commencement is taken to be an application under section 43.

92Internal review of decisions

An application for an internal review of a decision, requested under section 485 of the Act as applied by repealed section 44(2), 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 45(2).

93External review of decisions

(1)An information notice given to an applicant under section 485A(2) of the Act as applied by repealed section 44(2) is taken to be an information notice given to the applicant under section 485A of the Act as applied by section 45(2).

(2)An application for an external review of a decision under section 485A(3) of the Act as applied by repealed section 44(2) 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 45(2).

s 93 amd 2012 SL No. 179 s 5

94Authorised officers

(1)An authorised officer for a public marine facility appointed immediately before the commencement under repealed section 50 is taken to be appointed under section 51.

(2)A direction given under repealed part 3, division 2, subdivision 2, and not complied with, immediately before the commencement is taken to be a direction given under part 3, division 2, subdivision 2.

95Regulatory notice

(1)A regulatory notice by the chief executive, under a repealed regulatory notice provision, that is in effect immediately before the commencement is taken to be a regulatory notice, by the chief executive, under a regulatory provision notice.

(2)In this section—

repealed regulatory notice provision means a regulatory notice provision under repealed section 59.

96Payment date for particular fees

(1)A fee prescribed under the repealed regulation, schedule 2, (repealed provision) for the period 1 July 2011 to 31 December 2011 is payable no later than 30 March 2012.

(2)This section does not limit a person’s liability that arose before 1 July 2011 to pay fees prescribed under the repealed provision.

97Arrangement for paying approval fees

An arrangement, entered into under repealed section 67 between the chief executive and a person, that is in force immediately before the commencement is taken to be an arrangement under section 81.

98References to repealed regulation

(1)In a document a reference to the repealed regulation 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.

pt 7 div 3 hdg ins 2014 SL No. 75 s 6

99Pre-commencement appointment of manager of public marine facility

(1)This section applies if the manager of a public marine facility is the same person immediately before and after the commencement of this section.

(2)The person’s appointment as manager of the public marine facility is not affected by the Transport Infrastructure (Public Marine Facilities) Amendment Regulation (No. 1) 2014.

s 99 ins 2014 SL No. 75 s 6

section 5

sch 1 amd 2012 SL No. 179 s 6

sub 2014 SL No. 75 s 7

amd 2021 SL No. 180 s 5

section 7A

sch 1A ins 2014 SL No. 75 s 7

sub 2021 SL No. 180 s 6

section 77

sch 2 sub 2012 SL No. 55 s 14; 2013 SL No. 75 s 14

amd 2014 SL No. 75 s 8

sub 2014 SL No. 61 s 15; 2015 SL No. 25 s 14; 2016 SL No. 49 s 14

amd 2016 SL No. 154 s 253 sch 10

sub 2017 SL No. 70 s 15; 2018 SL No. 55 s 16; 2019 SL No. 74 s 15; 2019 SL No. 207 s 4; 2020 SL No. 89 s 15; 2021 SL No. 44 s 15; 2022 SL No. 73 s 4

section 79

sch 3 sub 2012 SL No. 55 s 14; 2013 SL No. 75 s 14; 2014 SL No. 61 s 15; 2015 SL No. 25 s 14; 2016 SL No. 49 s 14; 2017 SL No. 70 s 15; 2018 SL No. 55 s 16; 2019 SL No. 74 s 15; 2019 SL No. 207 s 4; 2020 SL No. 89 s 15; 2021 SL No. 44 s 15; 2022 SL No. 73 s 4

section 3

abandoned property, for part 3, division 4, see section 29.

anchor, a ship, when used as a verb, means secure the ship to the seabed using 1 or more anchors.

approval means—

(a)an approval under section 38 to moor a ship; or

(b)an approval under section 39 to operate a commercial ship to provide a transport service; or

(c)an approval under section 40 to operate a fuelling service; or

(d)a fish receival service approval.

authorised officer, for a public marine facility, means an authorised officer appointed under section 51(1).

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

Bowen boat harbour means the boat harbour at Bowen shown as lot 310 on SP198022.

Burnett Heads Boat Harbour means the boat harbour at Burnett Heads as shown on Plan No. H-178.

sch 4 def Burnett Heads Boat Harbour ins 2014 SL No. 75 s 9 (1)

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

commencement, for part 7, division 2, see section 87.

commercial hire ship ...

sch 4 def commercial hire ship om 2016 SL No. 154 s 253 sch 10

commercial ship means—

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

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

sch 4 def commercial ship sub 2016 SL No. 154 s 253 sch 10

detention notice, for part 3, division 4, see section 29.

document certification requirement see section 62(6).

document production requirement see section 62(2).

sch 4 def document production requirement ins 2012 SL No. 179 s 7 (2)

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

sch 4 def domestic commercial vessel ins 2016 SL No. 154 s 253 sch 10

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

sch 4 def domestic commercial vessel national law ins 2016 SL No. 154 s 253 sch 10

exempt passenger means a person travelling on a commercial ship for which, under an approval to operate the ship to provide a transport service, fees are payable for passengers carried on the ship, if the person is—

(a)under 6 years; or

(b)travelling on the ship on a ticket for the trip given to the person by a recognised charitable organisation, if the organisation—

(i)obtains the ticket without charge; and

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

Far North Queensland Ports Corporation Limited means Far North Queensland Ports Corporation Limited ACN 131 836 014.

sch 4 def Far North Queensland Ports Corporation Limited ins 2012 SL No. 179 s 7 (2)

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

fish see the Fisheries Act 1994, section 5.

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

sch 4 def fishing ship amd 2016 SL No. 154 s 253 sch 10

fish receival service means a service for receiving fish.

fish receival service approval, for a place, means an approval to operate a fish receival service at the place.

fuelling service see section 40.

Gladstone Ports Corporation Limited means Gladstone Ports Corporation Limited ACN 131 965 896.

sch 4 def Gladstone Ports Corporation Limited ins 2012 SL No. 179 s 7 (2)

goods carrying transport service means a transport service for carrying goods.

sch 4 def goods carrying transport service ins 2017 SL No. 70 s 16

indication see the Transport Operations (Road Use Management) Act 1995, schedule 4.

landing includes jetty, pontoon and wharf.

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

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

manager means the manager of a public marine facility under—

(a)section 519 of the Act; or

(b)section 5.

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

Mooloolaba Harbour means the Mooloolaba Harbour shown as lot 1 on SP143293.

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

North Queensland Bulk Ports Corporation Limited means North Queensland Bulk Ports Corporation Limited ACN 136 880 218.

sch 4 def North Queensland Bulk Ports Corporation Limited ins 2012 SL No. 179 s 7 (2)

obstruct includes hinder, resist, insult and attempt to obstruct.

official, for part 6, division 2, see section 82.

other Queensland regulated ship means an other Queensland regulated ship under the Transport Operations (Marine Safety) Act 1994.

sch 4 def other Queensland regulated ship ins 2016 SL No. 154 s 253 sch 10

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

sch 4 def partially smooth waters amd 2016 SL No. 154 s 253 sch 10

passenger, for a commercial ship, means—

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

(b)for an other Queensland regulated ship—any person on the ship, other than the ship’s master and the crew required under the Transport Operations (Marine Safety) Regulation 2016 to operate the ship.

sch 4 def passenger sub 2016 SL No. 154 s 253 sch 10

passenger carrying transport service means a transport service for carrying passengers.

sch 4 def passenger carrying transport service ins 2017 SL No. 70 s 16

personal details requirement see section 60(5).

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

sch 4 def Port Douglas boat harbour ins 2014 SL No. 75 s 9 (1)

amd 2021 SL No. 180 s 7 (1)

Port of Brisbane Pty Ltd means Port of Brisbane Pty Ltd ACN 143 384 749.

sch 4 def Port of Brisbane Pty Ltd ins 2012 SL No. 179 s 7 (2)

Port of Townsville Limited means Port of Townsville Limited ACN 130 077 673.

sch 4 def Port of Townsville Limited ins 2012 SL No. 179 s 7 (2)

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

sch 4 def recreational ship amd 2016 SL No. 154 s 253 sch 10

regulatory notice see section 72(1).

regulatory notice provision see section 73.

relevant State managed boat harbour means—

(a)Bowen boat harbour; or

(b)Mooloolaba Harbour; or

(c)Rosslyn Bay boat harbour; or

(d)Snapper Creek boat harbour (Tin Can Bay); or

(e)Urangan Boat Harbour.

sch 4 def relevant State managed boat harbour amd 2014 SL No. 75 s 9 (2)

repealed, for part 7, division 2 see section 87.

requirement, of a regulatory notice, includes a direction, instruction, indication, condition or other provision contained in the notice.

Rosslyn Bay boat harbour means the boat harbour at Rosslyn Bay as shown on Plan No. H-339.

sch 4 def Rosslyn Bay boat harbour sub 2012 SL No. 179 s 7 (1)–(2)

Scarborough Boat Harbour means the Scarborough Boat Harbour shown as lots 858 and 859 on SP158152.

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

Snapper Creek boat harbour (Tin Can Bay) means the boat harbour at Snapper Creek shown as lots 1 to 6 on SP297681.

sch 4 def Snapper Creek boat harbour (Tin Can Bay) amd 2014 SL No. 75 s 9 (3); 2021 SL No. 180 s 7 (2)

standard condition, for an approval, means a condition the chief executive imposes, or would impose, on every other approval of the same type as the approval.

State managed boat harbour means each of the following boat harbours that is a public marine facility managed by the chief executive for the State—

(a)Bowen boat harbour;

(b)Cabbage Tree Creek boat harbour;

(c)Manly Boat Harbour;

(d)Mooloolaba Harbour;

(e)Rosslyn Bay boat harbour;

(f)Scarborough Boat Harbour;

(g)Snapper Creek boat harbour (Tin Can Bay);

(h)Urangan Boat Harbour.

sch 4 def State managed boat harbour amd 2014 SL No. 75 s 9 (4)

transport service means a service for carrying goods or passengers—

(a)within a boat harbour; or

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

Examples—

•a ferry service within the boat harbour or that starts from the boat harbour and goes to a resort island outside the boat harbour

•a fishing or dive charter to an offshore reef

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

sch 4 def Urangan Boat Harbour amd 2014 SL No. 75 s 9 (5)

vehicle includes an air cushion vehicle.