{"id":"qld:sl-2017-0138","name":"Coastal Protection and Management Regulation 2017","slug":"coastal-protection-and-management-regulation-2017","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"138 of 2017","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174876,"registerId":"qld-qld:sl-2017-0138-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis regulation may be cited as the Coastal Protection and Management Regulation 2017 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis regulation commences on 1 September 2017.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Dictionary","content":"### sec.3 Dictionary\n\nThe dictionary in schedule 4 defines particular words used in this regulation.","sortOrder":3},{"sectionNumber":"pt.2","sectionType":"part","heading":"Coastal zone map and coastal management districts","content":"# Coastal zone map and coastal management districts","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"Approval of coastal zone map— Act , s 18C","content":"### sec.4 Approval of coastal zone map— Act , s 18C\n\nFor section 18C of the Act , the map called ‘Coastal zone map for Queensland’, certified by the chief executive on 3 October 2011, is approved as the coastal zone map.\nThe exact location of the boundary of the coastal zone shown on the map is held in digital electronic form by the department.\n(sec.4-ssec.1) For section 18C of the Act , the map called ‘Coastal zone map for Queensland’, certified by the chief executive on 3 October 2011, is approved as the coastal zone map.\n(sec.4-ssec.2) The exact location of the boundary of the coastal zone shown on the map is held in digital electronic form by the department.","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Coastal management district— Act , s 54","content":"### sec.5 Coastal management district— Act , s 54\n\nFor section 54 (1) of the Act , the declaration as a coastal management district, under the expired provision, of the area shown as a coastal management district on the map called ‘Coastal Management District For Queensland’, dated 17 November 2015 is continued in force.\nThe exact location of the boundary of the coastal management district mentioned in subsection (1) is held in digital electronic form by the department.\nIn this section—\nexpired provision means the Coastal Protection and Management Regulation 2003 , section 4A as in force immediately before the commencement.\n(sec.5-ssec.1) For section 54 (1) of the Act , the declaration as a coastal management district, under the expired provision, of the area shown as a coastal management district on the map called ‘Coastal Management District For Queensland’, dated 17 November 2015 is continued in force.\n(sec.5-ssec.2) The exact location of the boundary of the coastal management district mentioned in subsection (1) is held in digital electronic form by the department.\n(sec.5-ssec.3) In this section— expired provision means the Coastal Protection and Management Regulation 2003 , section 4A as in force immediately before the commencement.","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":"Fixing coastal building lines— Act , s 66","content":"### sec.6 Fixing coastal building lines— Act , s 66\n\nFor section 66 (1) of the Act , each line shown on the map mentioned in section 5 (1) as a coastal building line for the coastal management district shown on the map is a coastal building line for the district.\nThe exact location of each coastal building line is held in digital electronic form by the department.\n(sec.6-ssec.1) For section 66 (1) of the Act , each line shown on the map mentioned in section 5 (1) as a coastal building line for the coastal management district shown on the map is a coastal building line for the district.\n(sec.6-ssec.2) The exact location of each coastal building line is held in digital electronic form by the department.","sortOrder":7},{"sectionNumber":"sec.7","sectionType":"section","heading":"Access to maps and information held in digital electronic form","content":"### sec.7 Access to maps and information held in digital electronic form\n\nEach map, and the exact location of each boundary or coastal building line held in digital electronic form, mentioned in sections 4 to 6 can be accessed, free of charge, on the department’s website.\nThe information held in digital electronic form can be reduced or enlarged to show the details of the boundary or coastal building line.\n(sec.7-ssec.1) Each map, and the exact location of each boundary or coastal building line held in digital electronic form, mentioned in sections 4 to 6 can be accessed, free of charge, on the department’s website.\n(sec.7-ssec.2) The information held in digital electronic form can be reduced or enlarged to show the details of the boundary or coastal building line.","sortOrder":8},{"sectionNumber":"pt.3","sectionType":"part","heading":"Fees and royalties","content":"# Fees and royalties","sortOrder":9},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Fees","content":"## Fees","sortOrder":10},{"sectionNumber":"sec.8","sectionType":"section","heading":"Fees","content":"### sec.8 Fees\n\nThe fees payable under the Act in relation to an allocation are stated in schedule 1 .","sortOrder":11},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Royalties","content":"## Royalties","sortOrder":12},{"sectionNumber":"sec.9","sectionType":"section","heading":"Rate of royalty— Act , s 102","content":"### sec.9 Rate of royalty— Act , s 102\n\nFor section 102 (1) of the Act , the rate at which royalty is payable is stated in schedule 2 .","sortOrder":13},{"sectionNumber":"sec.10","sectionType":"section","heading":"When royalty payable— Act , s 102","content":"### sec.10 When royalty payable— Act , s 102\n\nFor section 102 (1) of the Act , royalty is payable for quarry material removed under an allocation notice when a notice mentioned in section 80 (2) of the Act is given to the chief executive for the removal.","sortOrder":14},{"sectionNumber":"sec.11","sectionType":"section","heading":"Royalty not payable for particular transport-related matters","content":"### sec.11 Royalty not payable for particular transport-related matters\n\nNo royalty is payable for quarry material removed by any of the following persons if the conditions stated in subsection (2) are satisfied in relation to the removal—\nthe chief executive of the department in which the Transport Infrastructure Act 1994 , to the extent it relates to transport infrastructure other than roads, is administered;\na person who manages a public marine facility;\na person who is removing the quarry material for a person mentioned in paragraph (a) or (b) .\nFor subsection (1) , the conditions are—\nthe person removes the material to develop, maintain or improve navigational channels; and\nthe person disposes of the material on land; and\nthe material is to be used for—\nbeach nourishment, filling or reclamation purposes; or\nanother purpose that does not involve the sale of any of the material.\nNo royalty is payable by a port authority, port lessor, port lessee or port manager for quarry material removed—\nto maintain or improve navigational channels or navigation in its port if the material is disposed of—\nin an area associated with port activities and approved by the Minister of the department in which the Transport Infrastructure Act 1994 is administered; and\nunder relevant statutory environmental controls; or\nto reclaim land that is, or is proposed to be, strategic port land or Brisbane core port land under the Transport Infrastructure Act 1994 .\nIn this section—\nport lessee see the Transport Infrastructure Act 1994 , section 267 .\nport lessor see the Transport Infrastructure Act 1994 , section 267 .\nport manager see the Transport Infrastructure Act 1994 , section 267 .\n(sec.11-ssec.1) No royalty is payable for quarry material removed by any of the following persons if the conditions stated in subsection (2) are satisfied in relation to the removal— the chief executive of the department in which the Transport Infrastructure Act 1994 , to the extent it relates to transport infrastructure other than roads, is administered; a person who manages a public marine facility; a person who is removing the quarry material for a person mentioned in paragraph (a) or (b) .\n(sec.11-ssec.2) For subsection (1) , the conditions are— the person removes the material to develop, maintain or improve navigational channels; and the person disposes of the material on land; and the material is to be used for— beach nourishment, filling or reclamation purposes; or another purpose that does not involve the sale of any of the material.\n(sec.11-ssec.3) No royalty is payable by a port authority, port lessor, port lessee or port manager for quarry material removed— to maintain or improve navigational channels or navigation in its port if the material is disposed of— in an area associated with port activities and approved by the Minister of the department in which the Transport Infrastructure Act 1994 is administered; and under relevant statutory environmental controls; or to reclaim land that is, or is proposed to be, strategic port land or Brisbane core port land under the Transport Infrastructure Act 1994 .\n(sec.11-ssec.4) In this section— port lessee see the Transport Infrastructure Act 1994 , section 267 . port lessor see the Transport Infrastructure Act 1994 , section 267 . port manager see the Transport Infrastructure Act 1994 , section 267 .\n- (a) the chief executive of the department in which the Transport Infrastructure Act 1994 , to the extent it relates to transport infrastructure other than roads, is administered;\n- (b) a person who manages a public marine facility;\n- (c) a person who is removing the quarry material for a person mentioned in paragraph (a) or (b) .\n- (a) the person removes the material to develop, maintain or improve navigational channels; and\n- (b) the person disposes of the material on land; and\n- (c) the material is to be used for— (i) beach nourishment, filling or reclamation purposes; or (ii) another purpose that does not involve the sale of any of the material.\n- (i) beach nourishment, filling or reclamation purposes; or\n- (ii) another purpose that does not involve the sale of any of the material.\n- (i) beach nourishment, filling or reclamation purposes; or\n- (ii) another purpose that does not involve the sale of any of the material.\n- (a) to maintain or improve navigational channels or navigation in its port if the material is disposed of— (i) in an area associated with port activities and approved by the Minister of the department in which the Transport Infrastructure Act 1994 is administered; and (ii) under relevant statutory environmental controls; or\n- (i) in an area associated with port activities and approved by the Minister of the department in which the Transport Infrastructure Act 1994 is administered; and\n- (ii) under relevant statutory environmental controls; or\n- (b) to reclaim land that is, or is proposed to be, strategic port land or Brisbane core port land under the Transport Infrastructure Act 1994 .\n- (i) in an area associated with port activities and approved by the Minister of the department in which the Transport Infrastructure Act 1994 is administered; and\n- (ii) under relevant statutory environmental controls; or","sortOrder":15},{"sectionNumber":"sec.12","sectionType":"section","heading":"Royalty not payable for removal of quarry material for particular purposes","content":"### sec.12 Royalty not payable for removal of quarry material for particular purposes\n\nNo royalty is payable by a person for quarry material removed under an allocation notice if, at the time a royalty for the material would have been payable under section 10 , the material—\nhas been, or is being, used for beach nourishment for which the person has a development approval; or\nis mostly mud, silt, or clay that has been, or is being, disposed of on land for filling or reclamation purposes; or\nhas been, or is being, placed on land to avoid an adverse effect, or a potential adverse effect, on the environment.\n- (a) has been, or is being, used for beach nourishment for which the person has a development approval; or\n- (b) is mostly mud, silt, or clay that has been, or is being, disposed of on land for filling or reclamation purposes; or\n- (c) has been, or is being, placed on land to avoid an adverse effect, or a potential adverse effect, on the environment.","sortOrder":16},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":"Rounding in relation to fee units","content":"## Rounding in relation to fee units","sortOrder":17},{"sectionNumber":"sec.12A","sectionType":"section","heading":"Rounding of amounts expressed as numbers of fee units","content":"### sec.12A Rounding of amounts expressed as numbers of fee units\n\nThis section applies for working out the amount of a fee or other matter expressed in this regulation as a number of fee units.\nFor the purpose of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded—\nif the result is not more than $2.50—to the nearest cent (rounding one-half upwards); or\nif the result is more than $2.50 but not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or\nif the result is more than $100 but not more than $500—to the nearest multiple of 10 cents (rounding one-half upwards); or\nif the result is more than $500—to the nearest dollar (rounding one-half upwards).\ns 12A ins 2022 SL No. 17 s 3\n(sec.12A-ssec.1) This section applies for working out the amount of a fee or other matter expressed in this regulation as a number of fee units.\n(sec.12A-ssec.2) For the purpose of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded— if the result is not more than $2.50—to the nearest cent (rounding one-half upwards); or if the result is more than $2.50 but not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or if the result is more than $100 but not more than $500—to the nearest multiple of 10 cents (rounding one-half upwards); or if the result is more than $500—to the nearest dollar (rounding one-half upwards).\n- (a) if the result is not more than $2.50—to the nearest cent (rounding one-half upwards); or\n- (b) if the result is more than $2.50 but not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or\n- (c) if the result is more than $100 but not more than $500—to the nearest multiple of 10 cents (rounding one-half upwards); or\n- (d) if the result is more than $500—to the nearest dollar (rounding one-half upwards).","sortOrder":18},{"sectionNumber":"pt.4","sectionType":"part","heading":"Tidal works","content":"# Tidal works","sortOrder":19},{"sectionNumber":"sec.13","sectionType":"section","heading":"Assessment benchmarks for particular prescribed tidal works— Act , s 167","content":"### sec.13 Assessment benchmarks for particular prescribed tidal works— Act , s 167\n\nThis section applies to a development application for, or a change application relating to, assessable development that is prescribed tidal works, if the planning chief executive is not the assessment manager or responsible entity for the application.\nFor section 167 (5) (a) and (c) of the Act , the code in schedule 3 —\nis prescribed as an assessment benchmark for the Planning Act for the assessable development; and\nprescribes, for the Planning Act , section 19 (1) (b) , the extent to which a local government may apply a planning scheme as a categorising instrument under that Act in relation to tidal works in the tidal area for its local government area, as defined under that Act.\n(sec.13-ssec.1) This section applies to a development application for, or a change application relating to, assessable development that is prescribed tidal works, if the planning chief executive is not the assessment manager or responsible entity for the application.\n(sec.13-ssec.2) For section 167 (5) (a) and (c) of the Act , the code in schedule 3 — is prescribed as an assessment benchmark for the Planning Act for the assessable development; and prescribes, for the Planning Act , section 19 (1) (b) , the extent to which a local government may apply a planning scheme as a categorising instrument under that Act in relation to tidal works in the tidal area for its local government area, as defined under that Act.\n- (a) is prescribed as an assessment benchmark for the Planning Act for the assessable development; and\n- (b) prescribes, for the Planning Act , section 19 (1) (b) , the extent to which a local government may apply a planning scheme as a categorising instrument under that Act in relation to tidal works in the tidal area for its local government area, as defined under that Act.","sortOrder":20},{"sectionNumber":"sec.14","sectionType":"section","heading":"Requirements for accepted development— Act , s 167","content":"### sec.14 Requirements for accepted development— Act , s 167\n\nThis section applies to operational work stated in the Planning Regulation 2017 , schedule 7 , section 10 (a) , if undertaken by an entity mentioned in the Planning Regulation 2017 , schedule 7 , section 10 (b) .\nFor section 167 (5) (b) of the Act , the operational work must comply with the document called ‘Code for accepted development—For tidal works, or work completely or partly in a coastal management district’ dated August 2017 and published on the department’s website.\n(sec.14-ssec.1) This section applies to operational work stated in the Planning Regulation 2017 , schedule 7 , section 10 (a) , if undertaken by an entity mentioned in the Planning Regulation 2017 , schedule 7 , section 10 (b) .\n(sec.14-ssec.2) For section 167 (5) (b) of the Act , the operational work must comply with the document called ‘Code for accepted development—For tidal works, or work completely or partly in a coastal management district’ dated August 2017 and published on the department’s website.","sortOrder":21},{"sectionNumber":"sec.15","sectionType":"section","heading":"Tidal works that are prescribed tidal works— Act , s 167","content":"### sec.15 Tidal works that are prescribed tidal works— Act , s 167\n\nSubject to subsection (2) , the following works are prescribed tidal works for section 167 (5) (d) of the Act —\nworks that consist only of tidal works;\nworks that consist of both—\ntidal works; and\nother work that is not tidal works if the other work is an integral part of the tidal works.\nThe following works are not prescribed tidal works—\ntidal works within a State managed boat harbour;\ntidal works for a new or existing structure used for the operation of—\na port authority or port operator; or\na public marine facility constructed by or for the Gold Coast Waterways Authority, Queensland Transport, a port authority or a port operator;\ntidal works for any of the following—\ncreating or changing the configuration or characteristics of a navigational channel;\nan inlet or outlet for development for aquaculture if the development is carried out on land and is made accepted development under the local government’s planning scheme or is development requiring code assessment under the Planning Act ;\ntidal works the subject of—\na deemed approval; or\na development approval given under the repealed Integrated Planning Act 1997 on or before 20 October 2003.\nIn this section—\naquaculture see the Fisheries Act 1994 , schedule 1 .\nQueensland Transport means the department in which the Transport Operations (Marine Safety) Act 1994 is administered.\nState managed boat harbour see the Transport Infrastructure (Public Marine Facilities) Regulation 2023 , schedule 4 .\ns 15 amd 2019 SL No. 71 s 59 sch 1 ; 2023 SL No. 110 s 119\n(sec.15-ssec.1) Subject to subsection (2) , the following works are prescribed tidal works for section 167 (5) (d) of the Act — works that consist only of tidal works; works that consist of both— tidal works; and other work that is not tidal works if the other work is an integral part of the tidal works.\n(sec.15-ssec.2) The following works are not prescribed tidal works— tidal works within a State managed boat harbour; tidal works for a new or existing structure used for the operation of— a port authority or port operator; or a public marine facility constructed by or for the Gold Coast Waterways Authority, Queensland Transport, a port authority or a port operator; tidal works for any of the following— creating or changing the configuration or characteristics of a navigational channel; an inlet or outlet for development for aquaculture if the development is carried out on land and is made accepted development under the local government’s planning scheme or is development requiring code assessment under the Planning Act ; tidal works the subject of— a deemed approval; or a development approval given under the repealed Integrated Planning Act 1997 on or before 20 October 2003.\n(sec.15-ssec.3) In this section— aquaculture see the Fisheries Act 1994 , schedule 1 . Queensland Transport means the department in which the Transport Operations (Marine Safety) Act 1994 is administered. State managed boat harbour see the Transport Infrastructure (Public Marine Facilities) Regulation 2023 , schedule 4 .\n- (a) works that consist only of tidal works;\n- (b) works that consist of both— (i) tidal works; and (ii) other work that is not tidal works if the other work is an integral part of the tidal works.\n- (i) tidal works; and\n- (ii) other work that is not tidal works if the other work is an integral part of the tidal works.\n- (i) tidal works; and\n- (ii) other work that is not tidal works if the other work is an integral part of the tidal works.\n- (a) tidal works within a State managed boat harbour;\n- (b) tidal works for a new or existing structure used for the operation of— (i) a port authority or port operator; or (ii) a public marine facility constructed by or for the Gold Coast Waterways Authority, Queensland Transport, a port authority or a port operator;\n- (i) a port authority or port operator; or\n- (ii) a public marine facility constructed by or for the Gold Coast Waterways Authority, Queensland Transport, a port authority or a port operator;\n- (c) tidal works for any of the following— (i) creating or changing the configuration or characteristics of a navigational channel; (ii) an inlet or outlet for development for aquaculture if the development is carried out on land and is made accepted development under the local government’s planning scheme or is development requiring code assessment under the Planning Act ;\n- (i) creating or changing the configuration or characteristics of a navigational channel;\n- (ii) an inlet or outlet for development for aquaculture if the development is carried out on land and is made accepted development under the local government’s planning scheme or is development requiring code assessment under the Planning Act ;\n- (d) tidal works the subject of— (i) a deemed approval; or (ii) a development approval given under the repealed Integrated Planning Act 1997 on or before 20 October 2003.\n- (i) a deemed approval; or\n- (ii) a development approval given under the repealed Integrated Planning Act 1997 on or before 20 October 2003.\n- (i) a port authority or port operator; or\n- (ii) a public marine facility constructed by or for the Gold Coast Waterways Authority, Queensland Transport, a port authority or a port operator;\n- (i) creating or changing the configuration or characteristics of a navigational channel;\n- (ii) an inlet or outlet for development for aquaculture if the development is carried out on land and is made accepted development under the local government’s planning scheme or is development requiring code assessment under the Planning Act ;\n- (i) a deemed approval; or\n- (ii) a development approval given under the repealed Integrated Planning Act 1997 on or before 20 October 2003.","sortOrder":22},{"sectionNumber":"pt.5","sectionType":"part","heading":"Transitional provision","content":"# Transitional provision","sortOrder":23},{"sectionNumber":"sec.16","sectionType":"section","heading":"Existing development applications","content":"### sec.16 Existing development applications\n\nThis section applies to a development application for prescribed tidal works made, but not decided, before the commencement.\nPrevious schedule 4A continues to apply in relation to deciding the application.\nIn this section—\nprevious schedule 4A means the Coastal Protection and Management Regulation 2003 , schedule 4A as in force immediately before the commencement.\n(sec.16-ssec.1) This section applies to a development application for prescribed tidal works made, but not decided, before the commencement.\n(sec.16-ssec.2) Previous schedule 4A continues to apply in relation to deciding the application.\n(sec.16-ssec.3) In this section— previous schedule 4A means the Coastal Protection and Management Regulation 2003 , schedule 4A as in force immediately before the commencement.","sortOrder":24},{"sectionNumber":"sch.3-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":25},{"sectionNumber":"sch.3-sec.1","sectionType":"section","heading":"Purpose of code","content":"### sch.3-sec.1 Purpose of code\n\nThe purpose of this code is to ensure prescribed tidal works—\nare compatible with the character and amenity of their surrounding area; and\nare designed and constructed in a way to ensure they are structurally sound; and\nare safe for their intended use; and\nare adequately serviced with infrastructure, including, for example, infrastructure for the supply of water or the discharge of sewage; and\ninvolve only minimal use of State tidal land for a private purpose; and\ndo not cause a significant adverse effect to any of the following—\nexisting public use of, and access to, State tidal land or tidal water;\nnavigable access to, or navigable egress from, any lot that adjoins, or is in the immediate surroundings of, a lot connected to prescribed tidal works;\nthe natural features of tidal water, including, for example, the water quality and bed and banks of the tidal water;\nthe structural integrity, operation or maintenance of any existing structure.\n- (a) are compatible with the character and amenity of their surrounding area; and\n- (b) are designed and constructed in a way to ensure they are structurally sound; and\n- (c) are safe for their intended use; and\n- (d) are adequately serviced with infrastructure, including, for example, infrastructure for the supply of water or the discharge of sewage; and\n- (e) involve only minimal use of State tidal land for a private purpose; and\n- (f) do not cause a significant adverse effect to any of the following— (i) existing public use of, and access to, State tidal land or tidal water; (ii) navigable access to, or navigable egress from, any lot that adjoins, or is in the immediate surroundings of, a lot connected to prescribed tidal works; (iii) the natural features of tidal water, including, for example, the water quality and bed and banks of the tidal water; (iv) the structural integrity, operation or maintenance of any existing structure.\n- (i) existing public use of, and access to, State tidal land or tidal water;\n- (ii) navigable access to, or navigable egress from, any lot that adjoins, or is in the immediate surroundings of, a lot connected to prescribed tidal works;\n- (iii) the natural features of tidal water, including, for example, the water quality and bed and banks of the tidal water;\n- (iv) the structural integrity, operation or maintenance of any existing structure.\n- (i) existing public use of, and access to, State tidal land or tidal water;\n- (ii) navigable access to, or navigable egress from, any lot that adjoins, or is in the immediate surroundings of, a lot connected to prescribed tidal works;\n- (iii) the natural features of tidal water, including, for example, the water quality and bed and banks of the tidal water;\n- (iv) the structural integrity, operation or maintenance of any existing structure.","sortOrder":26},{"sectionNumber":"sch.3-sec.2","sectionType":"section","heading":"Definitions","content":"### sch.3-sec.2 Definitions\n\nIn this code—\nacceptable outcome , for achieving a performance outcome stated in the table, column 1, means the acceptable outcome stated in the table, column 2 opposite the performance outcome.\nAEP means annual exceedance probability.\nannual exceedance probability means the probability, expressed as a percentage, of an event exceeding a particular level or magnitude in any 1 year.\nAS/NZS 1170.0 means AS/NZS 1170.0:2002, Structural design actions, Part 0: General principles.\nAS/NZS 1170.1 means AS/NZS 1170.1:2002 (R2016), Structural design actions, Part 1 : Permanent, imposed and other actions.\nAS/NZS 1170.2 means AS/NZS 1170.2:2011 (R2016), Structural design actions, Part 2 : Wind actions.\nAS 1170.4 means AS 1170.4—2007, Structural design actions, Part 4 : Earthquake actions in Australia.\nAS 2758 means AS 2758, Aggregates and rock for engineering purposes (series).\nAS/NZS 2885 means AS/NZS 2885.4:2016, Pipelines—Gas and liquid petroleum, Part 4 : Submarine pipeline systems.\nAS 3962 means AS 3962—2001, Guidelines for design of marinas.\nAS 4678 means AS 4678—2002, Earth-retaining structures.\nAS 4997 means AS 4997—2005, Guidelines for the design of maritime structures.\nAustralian Standard includes a standard jointly made or published by Standards Australia and Standards New Zealand.\ndead load , of prescribed tidal works, means the total load applied to the works by—\nthe structural components of the works; and\nanything permanently on or attached to the works, including, for example, a partition or machinery permanently attached to the works.\nextended side boundary , of a lot connected to prescribed tidal works, means a notional boundary worked out by extending a side boundary of the lot into tidal water—\nin a continuing straight line; or\nif extending the side boundary into tidal water in a continuing straight line would reduce the width of navigable access to, or egress from, an adjoining lot to less than 3m or cause a significant adverse effect to navigational safety—at an angle that ensures—\nthe width of navigable access to, or egress from, any adjoining lot is not reduced to less than 3m; and\nno significant adverse effect is caused to navigational safety.\nfoundation support , for a bridge, means anything that can be used to support the bridge, including, for example, an anchor, footing or pile.\nhighest astronomical tide means the highest level of the tides that can be predicted to occur under average meteorological conditions and under any combination of astronomical conditions.\nlighting standard means each of the following Australian Standards—\nSA/SNZ TS 1158.6:2015, Lighting for roads and public spaces, Part 6 : Luminaires—Performance;\nAS/NZS 1158.3.1:2005, Lighting for roads and public spaces, Part 3.1 : Pedestrian area (category P) lighting—Performance and design requirements;\nAS 4282—1997, Control of the obtrusive effects of outdoor lighting.\nlive load , in relation to prescribed tidal works, means the total load applied to the works by anything temporarily on or attached to the works.\nload means weight, force or pressure.\nlot includes a parcel of unallocated State land.\nmarine plant see the Fisheries Act 1994 , section 8 .\nnon-private purpose means a purpose other than a private purpose.\nperformance outcome means an outcome stated in the table, column 1.\npontoon means a structure consisting of the following components—\na flotation unit;\nan access walkway for the flotation unit;\na system for mooring the flotation unit and access walkway, including, for example, by way of piles or anchored cables;\nan abutment for the access walkway.\nprescribed deck means a structure, other than a bridge, that—\nis connected to land; and\nconsists primarily of a deck and components to structurally support the deck; and\nis not intended, or normally used, for launching, landing or mooring vessels.\nboardwalk, viewing platform, recreational deck\nprivate purpose , in relation to prescribed tidal works, means a purpose—\nrelated to use of the works—\nfor launching, landing or mooring a vessel used only for recreation; or\nfor the benefit of, or in connection with, residential property only; and\nthat is not related to use of the works for the benefit of, or in connection with, a commercial activity or public use.\nprojected sea level rise means an increase in sea level projected to be 0.8m by 2100.\nrelevant loading matter , for prescribed tidal works, means each of the following matters, to the extent they affect the load that can be reasonably expected to be applied to the works at any given time—\nthe purpose or activity for which the works are intended to be used;\nthe dead load of the works;\nthe live load of the works, including, for example—\nthe maximum number of people likely to use the works at any given time; and\nthe maximum number and types of vehicles likely to be on or moored at the works at any given time;\nthe height or velocity of waves likely to occur in the tidal water under, within or over which the works are located;\nany other thing that may be relevant to the load applied to the works at any given time, including, for example, environmental factors.\nrelevant planning scheme , for prescribed tidal works, means the local government planning scheme applying to the lot connected to the works.\nrelevant planning scheme standard , in relation to achieving a performance outcome for prescribed tidal works, means a standard—\nstated in the relevant planning scheme for the works; and\nrelevant to achieving the performance outcome.\nrevetment means a wall constructed along the bottom of an embankment to—\nprotect the embankment from erosion; and\nkeep in place the earth or other materials that are landward of the wall.\nroofed means covered with a permanent or temporary attachment.\ndetachable wind sail\ns 5(2) outcome see section 4 of this code.\nseawall means a wall constructed along a shoreline to—\nprevent the encroachment, by wave action, of the sea past the shoreline; and\nkeep in place the earth or other materials that are landward of the wall.\nside boundary , of a lot, means a boundary of the lot that meets tidal water but is not a waterfront boundary of the lot.\nstormwater outlet means a pipe or drain for the discharge of stormwater or floodwater.\nvegetation does not include marine plants.\nvehicle includes a boat or other vessel.\nwater allocation area , for a lot, means an area of State tidal land designated by the State, a local government or the Gold Coast Waterways Authority as an area in relation to which a development application for prescribed tidal works connected to the lot may be made.\nwaterfront boundary , of a lot, means a boundary of the lot fronting tidal water.\n- (a) the structural components of the works; and\n- (b) anything permanently on or attached to the works, including, for example, a partition or machinery permanently attached to the works.\n- (a) in a continuing straight line; or\n- (b) if extending the side boundary into tidal water in a continuing straight line would reduce the width of navigable access to, or egress from, an adjoining lot to less than 3m or cause a significant adverse effect to navigational safety—at an angle that ensures— (i) the width of navigable access to, or egress from, any adjoining lot is not reduced to less than 3m; and (ii) no significant adverse effect is caused to navigational safety.\n- (i) the width of navigable access to, or egress from, any adjoining lot is not reduced to less than 3m; and\n- (ii) no significant adverse effect is caused to navigational safety.\n- (i) the width of navigable access to, or egress from, any adjoining lot is not reduced to less than 3m; and\n- (ii) no significant adverse effect is caused to navigational safety.\n- (a) SA/SNZ TS 1158.6:2015, Lighting for roads and public spaces, Part 6 : Luminaires—Performance;\n- (b) AS/NZS 1158.3.1:2005, Lighting for roads and public spaces, Part 3.1 : Pedestrian area (category P) lighting—Performance and design requirements;\n- (c) AS 4282—1997, Control of the obtrusive effects of outdoor lighting.\n- (a) a flotation unit;\n- (b) an access walkway for the flotation unit;\n- (c) a system for mooring the flotation unit and access walkway, including, for example, by way of piles or anchored cables;\n- (d) an abutment for the access walkway.\n- (a) is connected to land; and\n- (b) consists primarily of a deck and components to structurally support the deck; and\n- (c) is not intended, or normally used, for launching, landing or mooring vessels.\n- (a) related to use of the works— (i) for launching, landing or mooring a vessel used only for recreation; or (ii) for the benefit of, or in connection with, residential property only; and\n- (i) for launching, landing or mooring a vessel used only for recreation; or\n- (ii) for the benefit of, or in connection with, residential property only; and\n- (b) that is not related to use of the works for the benefit of, or in connection with, a commercial activity or public use.\n- (i) for launching, landing or mooring a vessel used only for recreation; or\n- (ii) for the benefit of, or in connection with, residential property only; and\n- (a) the purpose or activity for which the works are intended to be used;\n- (b) the dead load of the works;\n- (c) the live load of the works, including, for example— (i) the maximum number of people likely to use the works at any given time; and (ii) the maximum number and types of vehicles likely to be on or moored at the works at any given time;\n- (i) the maximum number of people likely to use the works at any given time; and\n- (ii) the maximum number and types of vehicles likely to be on or moored at the works at any given time;\n- (d) the height or velocity of waves likely to occur in the tidal water under, within or over which the works are located;\n- (e) any other thing that may be relevant to the load applied to the works at any given time, including, for example, environmental factors.\n- (i) the maximum number of people likely to use the works at any given time; and\n- (ii) the maximum number and types of vehicles likely to be on or moored at the works at any given time;\n- (a) stated in the relevant planning scheme for the works; and\n- (b) relevant to achieving the performance outcome.\n- (a) protect the embankment from erosion; and\n- (b) keep in place the earth or other materials that are landward of the wall.\n- (a) prevent the encroachment, by wave action, of the sea past the shoreline; and\n- (b) keep in place the earth or other materials that are landward of the wall.","sortOrder":27},{"sectionNumber":"sch.3-sec.3","sectionType":"section","heading":"When lot is connected to prescribed tidal works","content":"### sch.3-sec.3 When lot is connected to prescribed tidal works\n\nFor this code, a lot is connected to prescribed tidal works if—\nthe works are attached to the lot; or\nthe works are not attached to the lot but are constructed for use in association with the lot.\na mooring pile near, but not attached to, a lot used for mooring vessels by persons who live on the lot\n- (a) the works are attached to the lot; or\n- (b) the works are not attached to the lot but are constructed for use in association with the lot. Example for paragraph (b) — a mooring pile near, but not attached to, a lot used for mooring vessels by persons who live on the lot","sortOrder":28},{"sectionNumber":"sch.3-sec.4","sectionType":"section","heading":"References to s 5(2) outcome in acceptable outcome","content":"### sch.3-sec.4 References to s 5(2) outcome in acceptable outcome\n\nIn the table, a reference to the words ‘s 5(2) outcome’, in brackets, before an acceptable outcome is a reference to the requirement, under section 5 (2) of this code, that the acceptable outcome must be complied with to achieve the performance outcome stated opposite the acceptable outcome.","sortOrder":29},{"sectionNumber":"sch.3-pt.2","sectionType":"part","heading":"Compliance with code","content":"# Compliance with code","sortOrder":30},{"sectionNumber":"sch.3-sec.5","sectionType":"section","heading":"How to comply with code","content":"### sch.3-sec.5 How to comply with code\n\nThis code is complied with for prescribed tidal works if each performance outcome applying to the works is achieved.\nA performance outcome mentioned in item 12.10, 13.1, 13.2, 15.1, 15.2, 16.1, 16.3, 17.1, 18.1, 18.2, 18.3, 18.6, 19.1, 19.2, 19.3 or 20.1 of the table is achieved only if the acceptable outcome for the item is complied with.\nAlso, a performance outcome mentioned in any of items 12.1 to 12.10, 13.1, 13.2, 14.1, 14.2, 15.1 to 15.3, 16.1 to 16.3, 17.1, 18.1 to 18.4, 18.6, 19.1 to 19.4 and 20.1 of the table is achieved only if the works carried out to comply with the acceptable outcome for the item for achieving the outcome are appropriately certified.\nAn acceptable outcome, other than an acceptable outcome mentioned in subsection (2) , stated for a performance outcome provides a guide for how the performance outcome may be achieved.\nIn this section—\nappropriately certified , for tidal works carried out to comply with an acceptable outcome for achieving a performance outcome, means the tidal works have been certified by a relevant engineer as having been designed and constructed to achieve the outcome.\nrelevant engineer means a person who, under the Professional Engineers Act 2002 , is a registered professional engineer in any of the following areas of engineering—\ncivil engineering;\nenvironmental engineering;\ngeotechnical engineering;\nstructural engineering.\n(sch.3-sec.5-ssec.1) This code is complied with for prescribed tidal works if each performance outcome applying to the works is achieved.\n(sch.3-sec.5-ssec.2) A performance outcome mentioned in item 12.10, 13.1, 13.2, 15.1, 15.2, 16.1, 16.3, 17.1, 18.1, 18.2, 18.3, 18.6, 19.1, 19.2, 19.3 or 20.1 of the table is achieved only if the acceptable outcome for the item is complied with.\n(sch.3-sec.5-ssec.3) Also, a performance outcome mentioned in any of items 12.1 to 12.10, 13.1, 13.2, 14.1, 14.2, 15.1 to 15.3, 16.1 to 16.3, 17.1, 18.1 to 18.4, 18.6, 19.1 to 19.4 and 20.1 of the table is achieved only if the works carried out to comply with the acceptable outcome for the item for achieving the outcome are appropriately certified.\n(sch.3-sec.5-ssec.4) An acceptable outcome, other than an acceptable outcome mentioned in subsection (2) , stated for a performance outcome provides a guide for how the performance outcome may be achieved.\n(sch.3-sec.5-ssec.5) In this section— appropriately certified , for tidal works carried out to comply with an acceptable outcome for achieving a performance outcome, means the tidal works have been certified by a relevant engineer as having been designed and constructed to achieve the outcome. relevant engineer means a person who, under the Professional Engineers Act 2002 , is a registered professional engineer in any of the following areas of engineering— civil engineering; environmental engineering; geotechnical engineering; structural engineering.\n- (a) civil engineering;\n- (b) environmental engineering;\n- (c) geotechnical engineering;\n- (d) structural engineering.","sortOrder":31},{"sectionNumber":"sch.3-sec.6","sectionType":"section","heading":"Relationship between particular performance outcomes and acceptable outcomes","content":"### sch.3-sec.6 Relationship between particular performance outcomes and acceptable outcomes\n\nThis section applies if there is an inconsistency or overlap between—\na performance outcome (a general performance outcome ) mentioned in any item in the table from item 12.1 to item 12.10, inclusive; and\na performance outcome (a direct performance outcome ) mentioned in any item in the table from item 13.1 to item 20.1, inclusive.\nThe direct performance outcome prevails to the extent of the inconsistency or overlap.\nSubsection (4) applies if the acceptable outcome for the general performance outcome includes an Australian Standard that is more stringent than a stated direct standard included in the acceptable outcome for the direct performance outcome.\nThe acceptable outcome for the direct performance outcome is taken to include the Australian Standard instead of the stated direct standard.\nIn this section—\nstated direct standard , included in the acceptable outcome for a direct performance outcome, means a standard stated in the acceptable outcome, other than a relevant planning scheme standard.\n(sch.3-sec.6-ssec.1) This section applies if there is an inconsistency or overlap between— a performance outcome (a general performance outcome ) mentioned in any item in the table from item 12.1 to item 12.10, inclusive; and a performance outcome (a direct performance outcome ) mentioned in any item in the table from item 13.1 to item 20.1, inclusive.\n(sch.3-sec.6-ssec.2) The direct performance outcome prevails to the extent of the inconsistency or overlap.\n(sch.3-sec.6-ssec.3) Subsection (4) applies if the acceptable outcome for the general performance outcome includes an Australian Standard that is more stringent than a stated direct standard included in the acceptable outcome for the direct performance outcome.\n(sch.3-sec.6-ssec.4) The acceptable outcome for the direct performance outcome is taken to include the Australian Standard instead of the stated direct standard.\n(sch.3-sec.6-ssec.5) In this section— stated direct standard , included in the acceptable outcome for a direct performance outcome, means a standard stated in the acceptable outcome, other than a relevant planning scheme standard.\n- (a) a performance outcome (a general performance outcome ) mentioned in any item in the table from item 12.1 to item 12.10, inclusive; and\n- (b) a performance outcome (a direct performance outcome ) mentioned in any item in the table from item 13.1 to item 20.1, inclusive.","sortOrder":32},{"sectionNumber":"sch.3-pt.3","sectionType":"part","heading":"Performance outcomes and acceptable outcomes","content":"# Performance outcomes and acceptable outcomes","sortOrder":33}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[{"type":"other","section":"sec.4 and sec.7","severity":"low","reasoning":"While transitional continuity is a common legislative technique, formally 'approving' a map certified in 2011 via a 2017 regulation without any acknowledgment of whether the map has been updated creates ambiguity about whether the coastal zone boundaries reflect current conditions. The regulation asserts the map is the authoritative source yet the map is nearly 6 years stale at commencement.","confidence":0.55,"description":"The coastal zone map approved under sec.4 is certified as of 3 October 2011, predating the regulation's commencement on 1 September 2017 by nearly six years. The regulation 'approves' a map that was certified under a prior regulatory regime, raising the question of what legal status the map held in the intervening period and whether the approval is meaningful given the map is already years old."},{"type":"impossible_compliance","section":"sec.11(1) and sec.11(2)(b)","severity":"medium","reasoning":"Dredging for navigational channel maintenance commonly results in spoil disposal at sea or in water. The requirement that disposal must be 'on land' as a precondition to the royalty exemption is potentially impractical for the very activities the exemption targets, though it is not strictly impossible — it just requires land-based disposal. The tension between the purpose (channel maintenance) and the method (land disposal) creates compliance difficulty.","confidence":0.65,"description":"Section 11(1) exempts persons from royalty if they satisfy the conditions in subsection (2). One of those conditions is that the person 'disposes of the material on land' (s.11(2)(b)). However, s.11(2)(a) requires the same person to remove the material 'to develop, maintain or improve navigational channels', which are by definition waterway features. Disposing material on land while the purpose is to maintain waterway channels creates a scenario where the exemption only applies when the removed material is taken away from the channel entirely, potentially undermining the practical utility of the exemption for typical dredging operations where spoil may be disposed of at sea."},{"type":"circular_definition","section":"sec.15(1) and sec.15(2)","severity":"low","reasoning":"The definition refers back to the parent concept ('tidal works') to define what qualifies as part of 'prescribed tidal works', creating a degree of circularity. However, since 'tidal works' is defined elsewhere in the Act (not reproduced here), this is likely manageable in practice. The circularity is structural rather than absolute.","confidence":0.5,"description":"Section 15(1)(b) defines prescribed tidal works to include works consisting of both tidal works and 'other work that is not tidal works if the other work is an integral part of the tidal works'. Section 15(2) then carves out various exclusions. The definition in 15(1)(b) is partially circular: it defines a category of works by reference to work that is 'an integral part of the tidal works', using the very term being defined ('tidal works') within the definition."},{"type":"impossible_compliance","section":"sch.3-sec.5(2) and sch.3-sec.5(4)","severity":"medium","reasoning":"Without access to the full table, a person subject to the regulation cannot determine which outcomes are mandatory versus aspirational from the face of the regulation alone. While schedules are part of the regulation, the structure creates opacity in compliance obligations.","confidence":0.6,"description":"Section 5(2) mandates that certain listed performance outcomes are achieved ONLY if the acceptable outcome is complied with (i.e., compliance with the acceptable outcome is mandatory). Section 5(4) states that an acceptable outcome 'other than an acceptable outcome mentioned in subsection (2)' provides only a 'guide' for how a performance outcome may be achieved, implying flexibility. The asymmetry creates a two-tier system, but the boundary between mandatory and guideline outcomes is determined solely by item number cross-references to a table not fully reproduced in the legislation text, making it impossible for a reader to determine compliance obligations without the table."},{"type":"self_contradicting","section":"sch.3-sec.6(3) and sch.3-sec.6(4)","severity":"medium","reasoning":"The 'direct prevails' rule in s.6(2) is undermined by the s.6(3)-(4) mechanism which elevates the general outcome's standard back into the direct outcome's acceptable outcome when the general standard is more stringent. The result is that the 'direct prevails' rule only applies selectively — not when the general outcome contains a more stringent Australian Standard — creating internal inconsistency in the conflict resolution mechanism.","confidence":0.72,"description":"Section 6(3)-(4) creates a substitution rule: if a general performance outcome's acceptable outcome includes an Australian Standard more stringent than the stated direct standard in a direct performance outcome's acceptable outcome, the more stringent Australian Standard is substituted in. However, section 6(2) states the direct performance outcome 'prevails' over the general performance outcome in cases of inconsistency. These two provisions point in opposite directions: s.6(2) gives primacy to the direct outcome, while s.6(3)-(4) then imports the more stringent general outcome standard back into the direct outcome, effectively partially reversing the primacy rule."},{"type":"other","section":"sch.3-sec.2 (definition of 'projected sea level rise')","severity":"medium","reasoning":"Embedding a specific scientific projection into subordinate legislation without a mechanism for updating it means the regulation's requirements become progressively disconnected from current scientific understanding. IPCC projections since 2017 have generally indicated higher sea level rise scenarios than 0.8m by 2100 under higher emissions pathways. This is not a logical contradiction per se but is a significant regulatory design flaw.","confidence":0.7,"description":"The definition of 'projected sea level rise' fixes the projection at 0.8m by 2100. This is a static figure embedded in the regulation itself. As scientific projections are updated over time (and have already shifted since 2017), the regulation locks in a potentially outdated and underestimated figure, creating an absurdity where compliance with the regulation may not actually achieve the coastal protection purpose of the Act."},{"type":"other","section":"sch.3-sec.2 (definition of 'private purpose') and sch.3-sec.1(e)","severity":"medium","reasoning":"The asymmetry between private and commercial use in the 'minimal use' requirement appears contrary to the protective intent of the provision. Commercial developments are typically larger and more impactful on State tidal land than private residential structures, yet the 'minimal use' constraint only applies to the latter.","confidence":0.68,"description":"The code's purpose statement at sch.3-sec.1(e) requires prescribed tidal works to 'involve only minimal use of State tidal land for a private purpose'. The definition of 'private purpose' excludes commercial activities but includes residential use and recreational vessel mooring. This means the 'minimal use' constraint applies to residents and recreational users but not to commercial operators, who are wholly outside the definition. A large commercial marina would face no 'minimal use' constraint under this specific purpose criterion, while a private residential jetty would."},{"type":"other","section":"sec.12(c)","severity":"high","reasoning":"The 'potential adverse effect' language creates an extremely broad escape hatch from royalty obligations. Without any threshold, materiality requirement, or evidentiary standard, the exemption could swallow the rule. A person removing material for commercial purposes could argue they are avoiding a 'potential' environmental impact. This is a significant drafting flaw.","confidence":0.75,"description":"Section 12(c) exempts from royalty quarry material that 'has been, or is being, placed on land to avoid an adverse effect, or a potential adverse effect, on the environment'. The phrase 'potential adverse effect' is entirely open-ended — virtually any removal of quarry material could theoretically be characterised as avoiding some potential adverse environmental effect, making this exemption potentially unlimited in scope and rendering the royalty obligation in section 10 largely hollow if broadly interpreted."}],"contradictions":[{"severity":"medium","section_a":"sec.11(1)-(2)","section_b":"sec.11(3)","confidence":0.7,"description":"Section 11(1)-(2) exempts certain persons (chief executive, public marine facility managers, and persons acting for them) from royalty only if material is disposed of on land. Section 11(3) exempts port authorities and related entities from royalty for material removed to maintain navigational channels where material is disposed of in an area 'associated with port activities' — which need not be on land. The two subsections create parallel exemption regimes with materially different disposal requirements, meaning a port authority faces less restrictive conditions than a public marine facility manager performing the same dredging activity."},{"severity":"medium","section_a":"sch.3-sec.5(2)","section_b":"sch.3-sec.5(3)","confidence":0.65,"description":"Section 5(2) lists specific items where compliance with the acceptable outcome is mandatory to achieve the performance outcome. Section 5(3) then adds an additional requirement that works complying with any acceptable outcome across items 12.1–20.1 must be 'appropriately certified'. Section 5(3)'s list of items (12.1–12.10, 13.1, 13.2, 14.1, 14.2, 15.1–15.3, 16.1–16.3, 17.1, 18.1–18.4, 18.6, 19.1–19.4, 20.1) substantially overlaps with but does not exactly match s.5(2)'s list (12.10, 13.1, 13.2, 15.1, 15.2, 16.1, 16.3, 17.1, 18.1, 18.2, 18.3, 18.6, 19.1, 19.2, 19.3, 20.1). Items such as 14.1, 14.2, 15.3, 16.2, 18.4, and 19.4 require certification under s.5(3) but are not in the mandatory compliance list under s.5(2), meaning certification is required even though there is flexibility in how the performance outcome is achieved — creating an anomaly where non-mandatory pathways still require engineer certification."},{"severity":"low","section_a":"sec.11(2)(c)(ii)","section_b":"sec.12(b)","confidence":0.55,"description":"Section 11(2)(c)(ii) exempts from royalty material used for 'another purpose that does not involve the sale of any of the material', while section 12(b) separately exempts material that 'is mostly mud, silt, or clay that has been, or is being, disposed of on land for filling or reclamation purposes'. The two provisions overlap for mud/silt/clay disposed on land for filling where there is no sale, potentially causing confusion about which exemption pathway applies and whether the conditions of both must be satisfied or only one. More significantly, s.11 applies only to specific categories of persons while s.12 applies to any person with an allocation notice, creating an inconsistency in who can benefit from overlapping exemptions."},{"severity":"high","section_a":"sch.3-sec.6(2)","section_b":"sch.3-sec.6(4)","confidence":0.78,"description":"Section 6(2) provides that a direct performance outcome prevails over a general performance outcome to the extent of any inconsistency or overlap. However, section 6(4) provides that where the acceptable outcome for the general performance outcome contains a more stringent Australian Standard than the direct performance outcome's stated direct standard, the Australian Standard is substituted in. This means the 'general prevails' standard is reintroduced through the back door whenever it is more stringent, directly contradicting the primacy rule established in section 6(2). The conflict resolution rule is itself internally conflicted."}]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The regulation appears to maintain its original scope as a subordinate instrument supporting the Coastal Protection and Management Act. It covers the expected matters for this type of regulation: mapping, fees/royalties, and technical standards for tidal works. The 2022 amendment adding fee unit rounding (section 12A) and 2023 amendment updating boat harbour references are minor administrative updates rather than scope expansion."},"complexity_factors":["Extensive cross-referencing to other legislation including the Coastal Protection and Management Act, Planning Act 2016, Transport Infrastructure Act 1994, Fisheries Act 1994, and Professional Engineers Act 2002","Multiple defined terms in Schedule 3 section 2 (approximately 30+ definitions) including technical engineering terms like 'annual exceedance probability', 'dead load', 'live load'","Complex conditional logic for royalty exemptions in section 11 with nested conditions (person type + purpose + disposal method + end use)","Performance-based compliance framework in Schedule 3 with general performance outcomes vs direct performance outcomes and rules about which prevails (section 6)","Multiple overlapping exemption categories for tidal works in section 15 with both inclusive and exclusive definitions","External document incorporation by reference (maps dated 2011 and 2015, codes published on websites, Australian Standards)","Fee unit rounding provisions with tiered rounding rules based on dollar thresholds (section 12A)"],"plain_english_summary":"This regulation sets the rules for managing Queensland's coastline. It does four main things:\n\n**1. Defines the coastal zone and building restrictions**\n- Approves official maps showing Queensland's coastal zone and coastal management districts (special areas with extra planning controls)\n- Sets coastal building lines (invisible lines on maps that restrict how close to the shore you can build)\n- Makes these maps available free online\n\n**2. Sets fees and royalties for taking materials from coastal areas**\n- Lists fees for permits to remove quarry material (sand, rock, gravel) from coastal areas\n- Sets royalty rates for commercial removal of these materials\n- Exempts certain groups from paying royalties, including:\n  - Transport department officials maintaining navigation channels\n  - Port authorities doing maintenance or land reclamation\n  - People using material for beach nourishment (replenishing beaches) or environmental protection\n\n**3. Regulates tidal works (structures in tidal waters)**\n- Defines which structures in tidal waters need special assessment (prescribed tidal works), such as jetties, pontoons, and seawalls\n- Exempts certain works from these rules, including those in state boat harbours, port facilities, and navigation channels\n- Sets assessment benchmarks (standards that must be met) for tidal works, covering:\n  - Structural safety and design\n  - Compatibility with the surrounding area\n  - Protection of public access to waterways\n  - Environmental protection\n  - Minimal private use of public tidal land\n- Requires certification by registered professional engineers for many types of works\n\n**4. Handles transitional matters**\n- Ensures development applications made under old rules are still processed under those old rules\n\n**Who it affects:** Property owners wanting to build jetties or other structures in tidal areas, businesses extracting materials from coastal areas, local councils, port authorities, and developers.\n\n**Why it matters:** It balances private development rights with protecting Queensland's coastline for public use and environmental health, while ensuring structures in tidal waters are safe and properly engineered."},"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The regulation largely replaces and continues the 2003 regulation with updated references and a new tidal works assessment code. The scope remains consistent with its original purpose: implementing the operational detail of Queensland's coastal management framework, including maps, fees, royalties, and development standards for tidal works. The 2022 amendment adding fee unit rounding rules and 2023 amendment updating boat harbour definitions are minor administrative updates that do not expand or contract the core scope."},"complexity_factors":["Multiple interlocking pieces of legislation referenced (Coastal Protection and Management Act, Planning Act, Planning Regulation 2017, Transport Infrastructure Act 1994, Fisheries Act 1994, Professional Engineers Act 2002)","Layered exemption structure for royalties requiring analysis of who the person is, what they're doing, and where the material ends up","Detailed technical code in Schedule 3 with performance outcomes and acceptable outcomes operating on two levels (mandatory vs. guidance), requiring professional engineering certification for specific items","Complex definitions — particularly 'prescribed tidal works' defined partly by what it includes and partly by extensive exclusions","Interaction between general performance outcomes (items 12.1–12.10) and direct performance outcomes (items 13.1–20.1) with a hierarchy rule that requires careful cross-referencing","References to external technical standards (multiple AS/NZS standards) that must be read alongside the regulation","Fee unit rounding rules requiring reference to the Acts Interpretation Act 1954","Transitional provisions requiring readers to locate and apply a now-repealed 2003 regulation for pending applications","Digital map boundary system means the legal boundaries cannot be determined from the document alone"],"plain_english_summary":"This regulation gives practical rules for managing Queensland’s coastline, defining coastal boundaries, setting building setbacks, and controlling structures and resource use in tidal waters. It affects coastal landowners, developers, port operators, dredgers and anyone taking sand or rock. It matters because it decides what you can build on waterfront land, how structures must be designed and approved, fees/royalties, and which activities are exempt."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"No clear expansion or contraction of substantive scope is evident in the text provided. The regulation continues earlier map and district declarations (ss 4–6), preserves prior decision rules for existing applications (s 16), and sets out clarified technical assessment benchmarks, fee/royalty rates and exemptions (ss 8–12; sch 3). In sum, it consolidates mapping, fees/royalties and technical controls for prescribed tidal works rather than materially changing the universe of regulated activities."},"complexity_factors":["Numerous cross‑references to other statutes and instruments (Planning Act, Transport Infrastructure Act, Fisheries Act, Acts Interpretation Act) increasing interpretive load (ss 4,5,11,13,12A).","Technical engineering and safety standards incorporated by reference and multiple Australian Standards cited in definitions (sch 3‑sec 2).","Detailed, prescriptive assessment code with performance outcomes, acceptable outcomes and mandatory engineer certification (sch 3‑sec 1,5).","Interplay between general and direct performance outcomes where direct outcomes prevail, and rules resolving conflicts between standards (sch 3‑sec 6).","Multiple conditional royalty exemptions and ministerial approvals for port‑related disposals, creating discretionary decision points (ss 11–12).","Digital map reliance for exact boundary locations and public online access requirements (ss 4–7).","Transitional saving for existing development applications tied to previous schedules, requiring historical comparison (s 16).","Rounding rules for fee‑unit calculations with tiered rounding thresholds adding administrative nuance (s 12A)."],"plain_english_summary":"Mechanically, the regulation approves the coastal zone and coastal management district maps, fixes coastal building lines, sets fees and royalties (with specified exemptions), prescribes rounding rules for fee units, and imposes an assessment code and certification requirements for prescribed tidal works (ss 4–16; sch 1–3). It states its purpose is to ensure tidal works are safe, structurally sound, serviced and minimally intrusive (sch 3‑s1). Developers and allocatteees pay fees/royalties unless exempt (ss 8–12); planning authorities or the planning chief executive decide approvals (s 13); relevant engineers must certify compliance (sch 3‑s5)."}},"importantCases":[],"_links":{"self":"/api/acts/coastal-protection-and-management-regulation-2017","history":"/api/acts/coastal-protection-and-management-regulation-2017/history","analysis":"/api/acts/coastal-protection-and-management-regulation-2017/analysis","conflicts":"/api/acts/coastal-protection-and-management-regulation-2017/conflicts","importantCases":"/api/acts/coastal-protection-and-management-regulation-2017/important-cases","documents":"/api/acts/coastal-protection-and-management-regulation-2017/documents"}}