{"id":"qld:act-2012-038","name":"Gold Coast Waterways Authority Act 2012","slug":"gold-coast-waterways-authority-act-2012","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"38 of 2012","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29748,"registerId":"qld-act-2012-038-current","compilationNumber":null,"startDate":"2026-04-01","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 Act may be cited as the Gold Coast Waterways Authority Act 2012 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act, other than part 13 , divisions 1 and 6 , commences on 1 December 2012.\nPart 13 , divisions 1 and 6 commence on a day to be fixed by proclamation.\n(sec.2-ssec.1) This Act, other than part 13 , divisions 1 and 6 , commences on 1 December 2012.\n(sec.2-ssec.2) Part 13 , divisions 1 and 6 commence on a day to be fixed by proclamation.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Purposes of Act and their achievement","content":"### sec.3 Purposes of Act and their achievement\n\nThe main purpose of this Act is to deliver the best possible management of the Gold Coast waterways at reasonable cost to the community and government, while keeping government regulation to a minimum.\nOther purposes of this Act are to do the following—\nplan for and facilitate the development of the Gold Coast waterways over the long term in a way that is sustainable and considers the impact of development on the environment;\nimprove and maintain navigational access to the Gold Coast waterways;\ndevelop and improve public marine facilities relating to the Gold Coast waterways;\npromote and manage the sustainable use of the Gold Coast waterways for marine industries, tourism and recreation;\nfacilitate the implementation of the Spit master plan through the development and delivery of a program of community infrastructure and public realm works.\nTo achieve the purposes, this Act establishes the Gold Coast Waterways Authority to—\nstrategically plan for, facilitate and manage the development and use of the Gold Coast waterways; and\ndevelop and deliver a program of community infrastructure and public realm works for the Spit master plan area.\ns 3 amd 2020 No. 6 s 15\n(sec.3-ssec.1) The main purpose of this Act is to deliver the best possible management of the Gold Coast waterways at reasonable cost to the community and government, while keeping government regulation to a minimum.\n(sec.3-ssec.2) Other purposes of this Act are to do the following— plan for and facilitate the development of the Gold Coast waterways over the long term in a way that is sustainable and considers the impact of development on the environment; improve and maintain navigational access to the Gold Coast waterways; develop and improve public marine facilities relating to the Gold Coast waterways; promote and manage the sustainable use of the Gold Coast waterways for marine industries, tourism and recreation; facilitate the implementation of the Spit master plan through the development and delivery of a program of community infrastructure and public realm works.\n(sec.3-ssec.3) To achieve the purposes, this Act establishes the Gold Coast Waterways Authority to— strategically plan for, facilitate and manage the development and use of the Gold Coast waterways; and develop and deliver a program of community infrastructure and public realm works for the Spit master plan area.\n- (a) plan for and facilitate the development of the Gold Coast waterways over the long term in a way that is sustainable and considers the impact of development on the environment;\n- (b) improve and maintain navigational access to the Gold Coast waterways;\n- (c) develop and improve public marine facilities relating to the Gold Coast waterways;\n- (d) promote and manage the sustainable use of the Gold Coast waterways for marine industries, tourism and recreation;\n- (e) facilitate the implementation of the Spit master plan through the development and delivery of a program of community infrastructure and public realm works.\n- (a) strategically plan for, facilitate and manage the development and use of the Gold Coast waterways; and\n- (b) develop and deliver a program of community infrastructure and public realm works for the Spit master plan area.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Relationship with other Acts","content":"### sec.4 Relationship with other Acts\n\nThis Act does not affect the operation of the following Acts—\nthe Fisheries Act 1994 ;\nthe Marine Parks Act 2004 ;\nthe Maritime Safety Queensland Act 2002 ;\nthe Transport Infrastructure Act 1994 ;\nthe Transport Operations (Marine Pollution) Act 1995 ;\nthe Transport Operations (Marine Safety) Act 1994 .\nThis Act does not affect the functions or obligations of a local government under the following laws—\nthe Coastal Protection and Management Act 1995 ;\nthe Local Government Act 2009 or a local law made under that Act;\nthe Planning Act 2016 .\ns 4 amd 2016 No. 27 s 265\n(sec.4-ssec.1) This Act does not affect the operation of the following Acts— the Fisheries Act 1994 ; the Marine Parks Act 2004 ; the Maritime Safety Queensland Act 2002 ; the Transport Infrastructure Act 1994 ; the Transport Operations (Marine Pollution) Act 1995 ; the Transport Operations (Marine Safety) Act 1994 .\n(sec.4-ssec.2) This Act does not affect the functions or obligations of a local government under the following laws— the Coastal Protection and Management Act 1995 ; the Local Government Act 2009 or a local law made under that Act; the Planning Act 2016 .\n- (a) the Fisheries Act 1994 ;\n- (b) the Marine Parks Act 2004 ;\n- (c) the Maritime Safety Queensland Act 2002 ;\n- (d) the Transport Infrastructure Act 1994 ;\n- (e) the Transport Operations (Marine Pollution) Act 1995 ;\n- (f) the Transport Operations (Marine Safety) Act 1994 .\n- (a) the Coastal Protection and Management Act 1995 ;\n- (b) the Local Government Act 2009 or a local law made under that Act;\n- (c) the Planning Act 2016 .","sortOrder":4},{"sectionNumber":"sec.5","sectionType":"section","heading":"Act binds all persons","content":"### sec.5 Act binds all persons\n\nThis Act binds all persons including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.\nNothing in this Act makes the State liable to be prosecuted for an offence.\n(sec.5-ssec.1) This Act binds all persons including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.\n(sec.5-ssec.2) Nothing in this Act makes the State liable to be prosecuted for an offence.","sortOrder":5},{"sectionNumber":"pt.2","sectionType":"part","heading":"Interpretation","content":"# Interpretation","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":"Definitions","content":"### sec.6 Definitions\n\nThe dictionary in schedule 2 defines particular words used in this Act.","sortOrder":7},{"sectionNumber":"sec.7","sectionType":"section","heading":"Meaning of Gold Coast waters and Gold Coast waterways","content":"### sec.7 Meaning of Gold Coast waters and Gold Coast waterways\n\nThe Gold Coast waters are all of the waters within the following areas—\nthe Gold Coast City local government area;\nthe area near the mouth of Currumbin Creek described in schedule 1 , section 1 ;\nthe area near the Gold Coast Seaway described in schedule 1 , section 2 ;\nthe area near the mouth of Tallebudgera Creek described in schedule 1 , section 3 .\nThe Gold Coast waterways are all of the waterways in Gold Coast waters.\n(sec.7-ssec.1) The Gold Coast waters are all of the waters within the following areas— the Gold Coast City local government area; the area near the mouth of Currumbin Creek described in schedule 1 , section 1 ; the area near the Gold Coast Seaway described in schedule 1 , section 2 ; the area near the mouth of Tallebudgera Creek described in schedule 1 , section 3 .\n(sec.7-ssec.2) The Gold Coast waterways are all of the waterways in Gold Coast waters.\n- (a) the Gold Coast City local government area;\n- (b) the area near the mouth of Currumbin Creek described in schedule 1 , section 1 ;\n- (c) the area near the Gold Coast Seaway described in schedule 1 , section 2 ;\n- (d) the area near the mouth of Tallebudgera Creek described in schedule 1 , section 3 .","sortOrder":8},{"sectionNumber":"pt.3","sectionType":"part","heading":"Gold Coast Waterways Authority","content":"# Gold Coast Waterways Authority","sortOrder":9},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Establishment and status","content":"## Establishment and status","sortOrder":10},{"sectionNumber":"sec.8","sectionType":"section","heading":"Establishment","content":"### sec.8 Establishment\n\nThe Gold Coast Waterways Authority is established.","sortOrder":11},{"sectionNumber":"sec.9","sectionType":"section","heading":"Legal status","content":"### sec.9 Legal status\n\nThe authority—\nis a body corporate, consisting of the board members provided for under part 8 , division 1 ; and\nhas perpetual succession; and\nhas a seal; and\nmay sue or be sued in its corporate name.\nThe authority represents the State.\nWithout limiting subsection (2) , the authority has all the privileges and immunities of the State.\n(sec.9-ssec.1) The authority— is a body corporate, consisting of the board members provided for under part 8 , division 1 ; and has perpetual succession; and has a seal; and may sue or be sued in its corporate name.\n(sec.9-ssec.2) The authority represents the State.\n(sec.9-ssec.3) Without limiting subsection (2) , the authority has all the privileges and immunities of the State.\n- (a) is a body corporate, consisting of the board members provided for under part 8 , division 1 ; and\n- (b) has perpetual succession; and\n- (c) has a seal; and\n- (d) may sue or be sued in its corporate name.","sortOrder":12},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Functions and powers","content":"## Functions and powers","sortOrder":13},{"sectionNumber":"sec.10","sectionType":"section","heading":"Main function and its achievement","content":"### sec.10 Main function and its achievement\n\nThe authority’s main function is to give effect to the purposes of this Act.\nFor giving effect to the purposes of this Act mentioned in section 3 (1) and (2) (a) to (d) , the authority’s main function is performed primarily by the authority doing the following in relation to the Gold Coast waterways—\ndeveloping, under part 4 —\na waterways management strategy; and\na waterways management program;\nensuring the effective and efficient management of the following, including by exercising the powers under part 5 —\nwater traffic and public marine facilities;\nthe use of the Gold Coast waterways;\nperforming functions conferred on the authority under the following Acts—\nthe Transport Infrastructure Act 1994 ;\nmanaging public marine facilities\nmanaging, under a waterways management regulation made under that Act, the use of waterways\nthe Transport Operations (Marine Pollution) Act 1995 ;\nthrough employees of the authority appointed as authorised officers, dealing with the discharge of ship-sourced pollutants into coastal waters\nproviding, arranging for the provision of, or directing the provision of reception facilities\nrecovering discharge expenses incurred in relation to a discharge or likely discharge of pollutant from a ship into coastal waters\nthe Transport Operations (Marine Safety) Act 1994 ;\nsetting up, entering into agreements to set up and maintaining aids to navigation\nfixing speed limits for ships\napproving the establishment of buoy moorings\ngiving consent for the holding of aquatic events\nperforming any other function conferred on the authority under this Act or another law.\nFor giving effect to the purpose of this Act mentioned in section 3 (2) (e) , the authority’s main function is performed primarily by the authority—\ndeveloping, under part 4A , a Spit works program; and\nensuring the effective and efficient delivery of the Spit works program.\ns 10 amd 2020 No. 6 s 16\n(sec.10-ssec.1) The authority’s main function is to give effect to the purposes of this Act.\n(sec.10-ssec.2) For giving effect to the purposes of this Act mentioned in section 3 (1) and (2) (a) to (d) , the authority’s main function is performed primarily by the authority doing the following in relation to the Gold Coast waterways— developing, under part 4 — a waterways management strategy; and a waterways management program; ensuring the effective and efficient management of the following, including by exercising the powers under part 5 — water traffic and public marine facilities; the use of the Gold Coast waterways; performing functions conferred on the authority under the following Acts— the Transport Infrastructure Act 1994 ; managing public marine facilities managing, under a waterways management regulation made under that Act, the use of waterways the Transport Operations (Marine Pollution) Act 1995 ; through employees of the authority appointed as authorised officers, dealing with the discharge of ship-sourced pollutants into coastal waters providing, arranging for the provision of, or directing the provision of reception facilities recovering discharge expenses incurred in relation to a discharge or likely discharge of pollutant from a ship into coastal waters the Transport Operations (Marine Safety) Act 1994 ; setting up, entering into agreements to set up and maintaining aids to navigation fixing speed limits for ships approving the establishment of buoy moorings giving consent for the holding of aquatic events performing any other function conferred on the authority under this Act or another law.\n(sec.10-ssec.3) For giving effect to the purpose of this Act mentioned in section 3 (2) (e) , the authority’s main function is performed primarily by the authority— developing, under part 4A , a Spit works program; and ensuring the effective and efficient delivery of the Spit works program.\n- (a) developing, under part 4 — (i) a waterways management strategy; and (ii) a waterways management program;\n- (i) a waterways management strategy; and\n- (ii) a waterways management program;\n- (b) ensuring the effective and efficient management of the following, including by exercising the powers under part 5 — (i) water traffic and public marine facilities; (ii) the use of the Gold Coast waterways;\n- (i) water traffic and public marine facilities;\n- (ii) the use of the Gold Coast waterways;\n- (c) performing functions conferred on the authority under the following Acts— (i) the Transport Infrastructure Act 1994 ; Examples of functions conferred on the authority under the Transport Infrastructure Act 1994 — • managing public marine facilities • managing, under a waterways management regulation made under that Act, the use of waterways (ii) the Transport Operations (Marine Pollution) Act 1995 ; Examples of functions conferred on the authority under the Transport Operations (Marine Pollution) Act 1995 — • through employees of the authority appointed as authorised officers, dealing with the discharge of ship-sourced pollutants into coastal waters • providing, arranging for the provision of, or directing the provision of reception facilities • recovering discharge expenses incurred in relation to a discharge or likely discharge of pollutant from a ship into coastal waters (iii) the Transport Operations (Marine Safety) Act 1994 ; Examples of functions conferred on the authority under the Transport Operations (Marine Safety) Act 1994 — • setting up, entering into agreements to set up and maintaining aids to navigation • fixing speed limits for ships • approving the establishment of buoy moorings • giving consent for the holding of aquatic events\n- (i) the Transport Infrastructure Act 1994 ; Examples of functions conferred on the authority under the Transport Infrastructure Act 1994 — • managing public marine facilities • managing, under a waterways management regulation made under that Act, the use of waterways\n- • managing public marine facilities\n- • managing, under a waterways management regulation made under that Act, the use of waterways\n- (ii) the Transport Operations (Marine Pollution) Act 1995 ; Examples of functions conferred on the authority under the Transport Operations (Marine Pollution) Act 1995 — • through employees of the authority appointed as authorised officers, dealing with the discharge of ship-sourced pollutants into coastal waters • providing, arranging for the provision of, or directing the provision of reception facilities • recovering discharge expenses incurred in relation to a discharge or likely discharge of pollutant from a ship into coastal waters\n- • through employees of the authority appointed as authorised officers, dealing with the discharge of ship-sourced pollutants into coastal waters\n- • providing, arranging for the provision of, or directing the provision of reception facilities\n- • recovering discharge expenses incurred in relation to a discharge or likely discharge of pollutant from a ship into coastal waters\n- (iii) the Transport Operations (Marine Safety) Act 1994 ; Examples of functions conferred on the authority under the Transport Operations (Marine Safety) Act 1994 — • setting up, entering into agreements to set up and maintaining aids to navigation • fixing speed limits for ships • approving the establishment of buoy moorings • giving consent for the holding of aquatic events\n- • setting up, entering into agreements to set up and maintaining aids to navigation\n- • fixing speed limits for ships\n- • approving the establishment of buoy moorings\n- • giving consent for the holding of aquatic events\n- (d) performing any other function conferred on the authority under this Act or another law.\n- (i) a waterways management strategy; and\n- (ii) a waterways management program;\n- (i) water traffic and public marine facilities;\n- (ii) the use of the Gold Coast waterways;\n- (i) the Transport Infrastructure Act 1994 ; Examples of functions conferred on the authority under the Transport Infrastructure Act 1994 — • managing public marine facilities • managing, under a waterways management regulation made under that Act, the use of waterways\n- • managing public marine facilities\n- • managing, under a waterways management regulation made under that Act, the use of waterways\n- (ii) the Transport Operations (Marine Pollution) Act 1995 ; Examples of functions conferred on the authority under the Transport Operations (Marine Pollution) Act 1995 — • through employees of the authority appointed as authorised officers, dealing with the discharge of ship-sourced pollutants into coastal waters • providing, arranging for the provision of, or directing the provision of reception facilities • recovering discharge expenses incurred in relation to a discharge or likely discharge of pollutant from a ship into coastal waters\n- • through employees of the authority appointed as authorised officers, dealing with the discharge of ship-sourced pollutants into coastal waters\n- • providing, arranging for the provision of, or directing the provision of reception facilities\n- • recovering discharge expenses incurred in relation to a discharge or likely discharge of pollutant from a ship into coastal waters\n- (iii) the Transport Operations (Marine Safety) Act 1994 ; Examples of functions conferred on the authority under the Transport Operations (Marine Safety) Act 1994 — • setting up, entering into agreements to set up and maintaining aids to navigation • fixing speed limits for ships • approving the establishment of buoy moorings • giving consent for the holding of aquatic events\n- • setting up, entering into agreements to set up and maintaining aids to navigation\n- • fixing speed limits for ships\n- • approving the establishment of buoy moorings\n- • giving consent for the holding of aquatic events\n- • managing public marine facilities\n- • managing, under a waterways management regulation made under that Act, the use of waterways\n- • through employees of the authority appointed as authorised officers, dealing with the discharge of ship-sourced pollutants into coastal waters\n- • providing, arranging for the provision of, or directing the provision of reception facilities\n- • recovering discharge expenses incurred in relation to a discharge or likely discharge of pollutant from a ship into coastal waters\n- • setting up, entering into agreements to set up and maintaining aids to navigation\n- • fixing speed limits for ships\n- • approving the establishment of buoy moorings\n- • giving consent for the holding of aquatic events\n- (a) developing, under part 4A , a Spit works program; and\n- (b) ensuring the effective and efficient delivery of the Spit works program.","sortOrder":14},{"sectionNumber":"sec.11","sectionType":"section","heading":"General powers","content":"### sec.11 General powers\n\nThe authority has the powers—\nnecessary or convenient to perform its functions; or\nincidental to the performance of its functions; or\nto help achieve the purposes of this Act.\nWithout limiting subsection (1) , the authority may do all or any of the following—\nacquire, hold, dispose of, and deal with property;\nappoint agents and attorneys;\nengage consultants;\nenter into contracts, joint ventures and commercial arrangements;\ndo anything necessary or convenient to be done in the performance of its functions under an Act.\nIn performing its functions, the authority may act alone or in conjunction with public sector units, local governments and other entities.\nThe authority also has the powers conferred on it under another provision of this Act or under another Act.\n(sec.11-ssec.1) The authority has the powers— necessary or convenient to perform its functions; or incidental to the performance of its functions; or to help achieve the purposes of this Act.\n(sec.11-ssec.2) Without limiting subsection (1) , the authority may do all or any of the following— acquire, hold, dispose of, and deal with property; appoint agents and attorneys; engage consultants; enter into contracts, joint ventures and commercial arrangements; do anything necessary or convenient to be done in the performance of its functions under an Act.\n(sec.11-ssec.3) In performing its functions, the authority may act alone or in conjunction with public sector units, local governments and other entities.\n(sec.11-ssec.4) The authority also has the powers conferred on it under another provision of this Act or under another Act.\n- (a) necessary or convenient to perform its functions; or\n- (b) incidental to the performance of its functions; or\n- (c) to help achieve the purposes of this Act.\n- (a) acquire, hold, dispose of, and deal with property;\n- (b) appoint agents and attorneys;\n- (c) engage consultants;\n- (d) enter into contracts, joint ventures and commercial arrangements;\n- (e) do anything necessary or convenient to be done in the performance of its functions under an Act.","sortOrder":15},{"sectionNumber":"sec.12","sectionType":"section","heading":"Powers relating to navigational access","content":"### sec.12 Powers relating to navigational access\n\nFor the purposes of improving or maintaining navigational access to the Gold Coast waterways, the authority may—\ndredge and otherwise improve and maintain navigational channels for the Gold Coast waterways; and\nreduce or remove a shoal, bank or accumulation in Gold Coast waters that impedes navigation.\nThe authority is not liable to pay royalties or similar charges for extractive material removed in exercising a power under subsection (1) if the material is disposed of—\nin an area approved by the Minister; and\nunder environmental controls relating to extractive material under an Act.\n(sec.12-ssec.1) For the purposes of improving or maintaining navigational access to the Gold Coast waterways, the authority may— dredge and otherwise improve and maintain navigational channels for the Gold Coast waterways; and reduce or remove a shoal, bank or accumulation in Gold Coast waters that impedes navigation.\n(sec.12-ssec.2) The authority is not liable to pay royalties or similar charges for extractive material removed in exercising a power under subsection (1) if the material is disposed of— in an area approved by the Minister; and under environmental controls relating to extractive material under an Act.\n- (a) dredge and otherwise improve and maintain navigational channels for the Gold Coast waterways; and\n- (b) reduce or remove a shoal, bank or accumulation in Gold Coast waters that impedes navigation.\n- (a) in an area approved by the Minister; and\n- (b) under environmental controls relating to extractive material under an Act.","sortOrder":16},{"sectionNumber":"sec.13","sectionType":"section","heading":"Powers subject to Ministerial direction","content":"### sec.13 Powers subject to Ministerial direction\n\nThe exercise of any of the authority’s powers is subject to Ministerial directions.","sortOrder":17},{"sectionNumber":"sec.14","sectionType":"section","heading":"Delegations by Gold Coast Waterways Authority","content":"### sec.14 Delegations by Gold Coast Waterways Authority\n\nThe authority may delegate its functions under an Act to—\na member; or\nthe chief executive officer; or\nany other appropriately qualified person.\nHowever, the authority can not delegate its functions under part 4 or 4A .\nA delegation of a function may permit the subdelegation of the function to an appropriately qualified person.\nIf the function is performed under another Act, the power to delegate or subdelegate is subject to the other Act.\ns 14 amd 2020 No. 6 s 17\n(sec.14-ssec.1) The authority may delegate its functions under an Act to— a member; or the chief executive officer; or any other appropriately qualified person.\n(sec.14-ssec.2) However, the authority can not delegate its functions under part 4 or 4A .\n(sec.14-ssec.3) A delegation of a function may permit the subdelegation of the function to an appropriately qualified person.\n(sec.14-ssec.4) If the function is performed under another Act, the power to delegate or subdelegate is subject to the other Act.\n- (a) a member; or\n- (b) the chief executive officer; or\n- (c) any other appropriately qualified person.","sortOrder":18},{"sectionNumber":"pt.4","sectionType":"part","heading":"Waterways management strategy","content":"# Waterways management strategy","sortOrder":19},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Development and approval of strategy","content":"## Development and approval of strategy","sortOrder":20},{"sectionNumber":"sec.15","sectionType":"section","heading":"Meaning of waterways management strategy","content":"### sec.15 Meaning of waterways management strategy\n\nA waterways management strategy is a 10-year management strategy about the long-term sustainable use, management and development of the Gold Coast waterways.\nThe purposes of a waterways management strategy are to—\nestablish a clear direction for the sustainable use, management and development of the Gold Coast waterways for a 10-year period; and\nidentify the needs and priorities for the sustainable use, management and development of the Gold Coast waterways into the future, having regard to the benefits for and impacts on the community, environment and economy of the Gold Coast City local government area.\n(sec.15-ssec.1) A waterways management strategy is a 10-year management strategy about the long-term sustainable use, management and development of the Gold Coast waterways.\n(sec.15-ssec.2) The purposes of a waterways management strategy are to— establish a clear direction for the sustainable use, management and development of the Gold Coast waterways for a 10-year period; and identify the needs and priorities for the sustainable use, management and development of the Gold Coast waterways into the future, having regard to the benefits for and impacts on the community, environment and economy of the Gold Coast City local government area.\n- (a) establish a clear direction for the sustainable use, management and development of the Gold Coast waterways for a 10-year period; and\n- (b) identify the needs and priorities for the sustainable use, management and development of the Gold Coast waterways into the future, having regard to the benefits for and impacts on the community, environment and economy of the Gold Coast City local government area.","sortOrder":21},{"sectionNumber":"sec.16","sectionType":"section","heading":"Development of waterways management strategy","content":"### sec.16 Development of waterways management strategy\n\nThe authority must, from time to time, develop for the Minister’s approval a waterways management strategy.\nIn developing a waterways management strategy, the authority must—\nhave regard to the purposes of this Act; and\nconsult with, and consider the views of, the Gold Coast City Council; and\nwithin the Gold Coast City local government area, take reasonable steps to engage in public consultation.\nThe Minister may, at any time, direct the authority to prepare a new waterways management strategy for the Minister’s approval or to amend an existing strategy in the way the Minister directs.\nIn relation to a waterways management strategy submitted for approval, the Minister may—\napprove the strategy; or\ndirect the authority to amend the strategy in the way the Minister directs.\n(sec.16-ssec.1) The authority must, from time to time, develop for the Minister’s approval a waterways management strategy.\n(sec.16-ssec.2) In developing a waterways management strategy, the authority must— have regard to the purposes of this Act; and consult with, and consider the views of, the Gold Coast City Council; and within the Gold Coast City local government area, take reasonable steps to engage in public consultation.\n(sec.16-ssec.3) The Minister may, at any time, direct the authority to prepare a new waterways management strategy for the Minister’s approval or to amend an existing strategy in the way the Minister directs.\n(sec.16-ssec.4) In relation to a waterways management strategy submitted for approval, the Minister may— approve the strategy; or direct the authority to amend the strategy in the way the Minister directs.\n- (a) have regard to the purposes of this Act; and\n- (b) consult with, and consider the views of, the Gold Coast City Council; and\n- (c) within the Gold Coast City local government area, take reasonable steps to engage in public consultation.\n- (a) approve the strategy; or\n- (b) direct the authority to amend the strategy in the way the Minister directs.","sortOrder":22},{"sectionNumber":"sec.17","sectionType":"section","heading":"Content of waterways management strategy","content":"### sec.17 Content of waterways management strategy\n\nA waterways management strategy must include the following—\na statement of the specific objectives sought to be achieved in relation to the Gold Coast waterways;\nany proposals for the provision of navigational access to, and public marine facilities for, the Gold Coast waterways;\nany proposals for the use of the Gold Coast waterways for activities;\ninvestment criteria for deciding priorities for improving and maintaining navigational access, developing and improving public marine facilities and other waterways management initiatives and options for financing the priorities;\nappropriate performance indicators for deciding whether, and to what extent, the objectives of the strategy have been achieved.\nA waterways management strategy must have regard to agreements or arrangements between the State and the Gold Coast City Council about navigational access to, marine infrastructure for, and management of, the Gold Coast waterways.\n(sec.17-ssec.1) A waterways management strategy must include the following— a statement of the specific objectives sought to be achieved in relation to the Gold Coast waterways; any proposals for the provision of navigational access to, and public marine facilities for, the Gold Coast waterways; any proposals for the use of the Gold Coast waterways for activities; investment criteria for deciding priorities for improving and maintaining navigational access, developing and improving public marine facilities and other waterways management initiatives and options for financing the priorities; appropriate performance indicators for deciding whether, and to what extent, the objectives of the strategy have been achieved.\n(sec.17-ssec.2) A waterways management strategy must have regard to agreements or arrangements between the State and the Gold Coast City Council about navigational access to, marine infrastructure for, and management of, the Gold Coast waterways.\n- (a) a statement of the specific objectives sought to be achieved in relation to the Gold Coast waterways;\n- (b) any proposals for the provision of navigational access to, and public marine facilities for, the Gold Coast waterways;\n- (c) any proposals for the use of the Gold Coast waterways for activities;\n- (d) investment criteria for deciding priorities for improving and maintaining navigational access, developing and improving public marine facilities and other waterways management initiatives and options for financing the priorities;\n- (e) appropriate performance indicators for deciding whether, and to what extent, the objectives of the strategy have been achieved.","sortOrder":23},{"sectionNumber":"sec.18","sectionType":"section","heading":"Tabling of waterways management strategy","content":"### sec.18 Tabling of waterways management strategy\n\nThe Minister must table a copy of a waterways management strategy in the Legislative Assembly within 5 sitting days after approving the strategy.\nIn this section—\nwaterways management strategy includes an amendment of a waterways management strategy.\n(sec.18-ssec.1) The Minister must table a copy of a waterways management strategy in the Legislative Assembly within 5 sitting days after approving the strategy.\n(sec.18-ssec.2) In this section— waterways management strategy includes an amendment of a waterways management strategy.","sortOrder":24},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Waterways management program","content":"## Waterways management program","sortOrder":25},{"sectionNumber":"sec.19","sectionType":"section","heading":"Development of waterways management program","content":"### sec.19 Development of waterways management program\n\nBefore the start of each financial year, the authority must develop for the Minister’s approval a Gold Coast waterways management program for the year and the following 3 years (a waterways management program ).\nA waterways management program must include each of the following for the period to which the program relates—\nthe policies and financial measures for implementing the waterways management strategy;\nthe performance targets to be achieved;\ndetails of projects to improve and maintain navigational access to Gold Coast waters and to develop and improve public marine facilities;\ndetails of measures to be taken to implement and monitor compliance with a waterways management regulation made under the Transport Infrastructure Act 1994 to the extent the regulation applies to Gold Coast waters.\nIn developing a waterways management program, the authority must take reasonable steps to consult with the Gold Coast City Council, the community of the Gold Coast City local government area and sectors of the maritime industry that, in the authority’s opinion, would be affected by the program.\nA waterways management program must be—\npublished on the authority’s website; and\navailable for inspection at the authority’s office during normal business hours.\nThe Minister may at any time direct the authority to amend a waterways management program.\nIn relation to a waterways management program submitted for approval, the Minister may—\napprove the program; or\ndirect the authority to amend the program in a the way the Minister directs.\n(sec.19-ssec.1) Before the start of each financial year, the authority must develop for the Minister’s approval a Gold Coast waterways management program for the year and the following 3 years (a waterways management program ).\n(sec.19-ssec.2) A waterways management program must include each of the following for the period to which the program relates— the policies and financial measures for implementing the waterways management strategy; the performance targets to be achieved; details of projects to improve and maintain navigational access to Gold Coast waters and to develop and improve public marine facilities; details of measures to be taken to implement and monitor compliance with a waterways management regulation made under the Transport Infrastructure Act 1994 to the extent the regulation applies to Gold Coast waters.\n(sec.19-ssec.3) In developing a waterways management program, the authority must take reasonable steps to consult with the Gold Coast City Council, the community of the Gold Coast City local government area and sectors of the maritime industry that, in the authority’s opinion, would be affected by the program.\n(sec.19-ssec.4) A waterways management program must be— published on the authority’s website; and available for inspection at the authority’s office during normal business hours.\n(sec.19-ssec.5) The Minister may at any time direct the authority to amend a waterways management program.\n(sec.19-ssec.6) In relation to a waterways management program submitted for approval, the Minister may— approve the program; or direct the authority to amend the program in a the way the Minister directs.\n- (a) the policies and financial measures for implementing the waterways management strategy;\n- (b) the performance targets to be achieved;\n- (c) details of projects to improve and maintain navigational access to Gold Coast waters and to develop and improve public marine facilities;\n- (d) details of measures to be taken to implement and monitor compliance with a waterways management regulation made under the Transport Infrastructure Act 1994 to the extent the regulation applies to Gold Coast waters.\n- (a) published on the authority’s website; and\n- (b) available for inspection at the authority’s office during normal business hours.\n- (a) approve the program; or\n- (b) direct the authority to amend the program in a the way the Minister directs.","sortOrder":26},{"sectionNumber":"sec.20","sectionType":"section","heading":"Consistency with waterways management strategy","content":"### sec.20 Consistency with waterways management strategy\n\nSubject to directions of the Minister, a waterways management program must be consistent with a waterways management strategy.\nIf the Minister gives a direction under this part that results in a waterways management program being inconsistent with a waterways management strategy, the Minister must table a copy of the direction in the Legislative Assembly within 5 sitting days after it is given.\n(sec.20-ssec.1) Subject to directions of the Minister, a waterways management program must be consistent with a waterways management strategy.\n(sec.20-ssec.2) If the Minister gives a direction under this part that results in a waterways management program being inconsistent with a waterways management strategy, the Minister must table a copy of the direction in the Legislative Assembly within 5 sitting days after it is given.","sortOrder":27},{"sectionNumber":"pt.4A","sectionType":"part","heading":"Spit works programs","content":"# Spit works programs","sortOrder":28},{"sectionNumber":"sec.20A","sectionType":"section","heading":"Development of Spit works programs","content":"### sec.20A Development of Spit works programs\n\nBefore the start of each financial year, the authority must develop, for the Spit Development Minister’s approval, a program for the financial year and the following 3 financial years about community infrastructure and public realm works to be delivered in the Spit master plan area during the period (a Spit works program ).\nA Spit works program must include each of the following for the period to which the program relates—\ndetails of the community infrastructure and public realm works to be delivered;\na separate program for each item of community infrastructure and public realm works to be delivered;\nthe performance targets to be achieved;\nan estimate of the cost of delivering the community infrastructure and public realm works.\nIn developing a Spit works program, the authority must take reasonable steps to consult with—\nthe Gold Coast City Council; and\nthe community of the Gold Coast City local government area; and\nanother entity the Spit Development Minister considers may be affected by, or have an interest in, the Spit works program.\nIf a Spit works program is given to the Spit Development Minister for approval, the Spit Development Minister may—\napprove the Spit works program; or\ndirect the authority to amend the Spit works program.\nHowever, the Spit Development Minister must not approve a Spit works program unless satisfied the program is consistent with the Spit master plan.\nIf the Spit Development Minister approves a Spit works program, the authority must—\npublish a copy of the Spit works program on the authority’s website; and\nkeep a copy of the Spit works program available for inspection at the authority’s office during normal business hours.\nA Spit works program approved under this section is the approved Spit works program for the first financial year to which the program relates.\ns 20A ins 2020 No. 6 s 18\n(sec.20A-ssec.1) Before the start of each financial year, the authority must develop, for the Spit Development Minister’s approval, a program for the financial year and the following 3 financial years about community infrastructure and public realm works to be delivered in the Spit master plan area during the period (a Spit works program ).\n(sec.20A-ssec.2) A Spit works program must include each of the following for the period to which the program relates— details of the community infrastructure and public realm works to be delivered; a separate program for each item of community infrastructure and public realm works to be delivered; the performance targets to be achieved; an estimate of the cost of delivering the community infrastructure and public realm works.\n(sec.20A-ssec.3) In developing a Spit works program, the authority must take reasonable steps to consult with— the Gold Coast City Council; and the community of the Gold Coast City local government area; and another entity the Spit Development Minister considers may be affected by, or have an interest in, the Spit works program.\n(sec.20A-ssec.4) If a Spit works program is given to the Spit Development Minister for approval, the Spit Development Minister may— approve the Spit works program; or direct the authority to amend the Spit works program.\n(sec.20A-ssec.5) However, the Spit Development Minister must not approve a Spit works program unless satisfied the program is consistent with the Spit master plan.\n(sec.20A-ssec.6) If the Spit Development Minister approves a Spit works program, the authority must— publish a copy of the Spit works program on the authority’s website; and keep a copy of the Spit works program available for inspection at the authority’s office during normal business hours.\n(sec.20A-ssec.7) A Spit works program approved under this section is the approved Spit works program for the first financial year to which the program relates.\n- (a) details of the community infrastructure and public realm works to be delivered;\n- (b) a separate program for each item of community infrastructure and public realm works to be delivered;\n- (c) the performance targets to be achieved;\n- (d) an estimate of the cost of delivering the community infrastructure and public realm works.\n- (a) the Gold Coast City Council; and\n- (b) the community of the Gold Coast City local government area; and\n- (c) another entity the Spit Development Minister considers may be affected by, or have an interest in, the Spit works program.\n- (a) approve the Spit works program; or\n- (b) direct the authority to amend the Spit works program.\n- (a) publish a copy of the Spit works program on the authority’s website; and\n- (b) keep a copy of the Spit works program available for inspection at the authority’s office during normal business hours.","sortOrder":29},{"sectionNumber":"sec.20B","sectionType":"section","heading":"Direction to amend approved Spit works program","content":"### sec.20B Direction to amend approved Spit works program\n\nThe Spit Development Minister may, at any time, direct the authority to amend the approved Spit works program.\nHowever, the direction must not require the authority to amend the approved Spit works program in a way that is inconsistent with the Spit master plan.\nThe authority must comply with a direction given under subsection (1) .\ns 20B ins 2020 No. 6 s 18\n(sec.20B-ssec.1) The Spit Development Minister may, at any time, direct the authority to amend the approved Spit works program.\n(sec.20B-ssec.2) However, the direction must not require the authority to amend the approved Spit works program in a way that is inconsistent with the Spit master plan.\n(sec.20B-ssec.3) The authority must comply with a direction given under subsection (1) .","sortOrder":30},{"sectionNumber":"pt.5","sectionType":"part","heading":"Powers relating to waterways management","content":"# Powers relating to waterways management","sortOrder":31},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":32},{"sectionNumber":"sec.21","sectionType":"section","heading":"General limitation on Gold Coast Waterways Authority’s powers under part","content":"### sec.21 General limitation on Gold Coast Waterways Authority’s powers under part\n\nThe powers of the authority under this part—\nmay only be exercised in relation to Gold Coast waters; and\nmust be exercised subject to the powers of each of the following—\nthe general manager under part 14A of the Transport Operations (Marine Safety) Act 1994 ;\na harbour master under the Transport Operations (Marine Safety) Act 1994 ;\nthe general manager, including the general manager operating as the marine pollution controller, under part 12 of the Transport Operations (Marine Pollution) Act 1995 .\n- (a) may only be exercised in relation to Gold Coast waters; and\n- (b) must be exercised subject to the powers of each of the following— (i) the general manager under part 14A of the Transport Operations (Marine Safety) Act 1994 ; (ii) a harbour master under the Transport Operations (Marine Safety) Act 1994 ; (iii) the general manager, including the general manager operating as the marine pollution controller, under part 12 of the Transport Operations (Marine Pollution) Act 1995 .\n- (i) the general manager under part 14A of the Transport Operations (Marine Safety) Act 1994 ;\n- (ii) a harbour master under the Transport Operations (Marine Safety) Act 1994 ;\n- (iii) the general manager, including the general manager operating as the marine pollution controller, under part 12 of the Transport Operations (Marine Pollution) Act 1995 .\n- (i) the general manager under part 14A of the Transport Operations (Marine Safety) Act 1994 ;\n- (ii) a harbour master under the Transport Operations (Marine Safety) Act 1994 ;\n- (iii) the general manager, including the general manager operating as the marine pollution controller, under part 12 of the Transport Operations (Marine Pollution) Act 1995 .","sortOrder":33},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Waterways notices","content":"## Waterways notices","sortOrder":34},{"sectionNumber":"sec.22","sectionType":"section","heading":"Gold Coast Waterways Authority may control activities or conduct by notice","content":"### sec.22 Gold Coast Waterways Authority may control activities or conduct by notice\n\nThe authority may display or publish a notice (a waterways notice ) in the way required under section 24 to control activities or conduct in Gold Coast waters for the following purposes—\nmaintaining or improving the effective and efficient management of the Gold Coast waterways;\nmaintaining fair and reasonable access to public marine facilities for users of the Gold Coast waterways;\nmoving or mooring watercraft, or controlling activities on or by watercraft, in Gold Coast waters.\n- (a) maintaining or improving the effective and efficient management of the Gold Coast waterways;\n- (b) maintaining fair and reasonable access to public marine facilities for users of the Gold Coast waterways;\n- (c) moving or mooring watercraft, or controlling activities on or by watercraft, in Gold Coast waters.","sortOrder":35},{"sectionNumber":"sec.23","sectionType":"section","heading":"Waterways notices generally","content":"### sec.23 Waterways notices generally\n\nA waterways notice must—\nindicate the thing or area to which the notice applies; and\nstate that contravention of a requirement of the notice is an offence against this Act and the maximum penalty for the offence.\n- (a) indicate the thing or area to which the notice applies; and\n- (b) state that contravention of a requirement of the notice is an offence against this Act and the maximum penalty for the offence.","sortOrder":36},{"sectionNumber":"sec.24","sectionType":"section","heading":"Display or publication of waterways notices","content":"### sec.24 Display or publication of waterways notices\n\nTo have effect, a waterways notice must—\nbe displayed, in a way that is clearly visible to passers-by, on or near the thing or area to which it relates; or\nbe published on the authority’s website.\nBefore a waterways notice mentioned in subsection (1) (b) has effect, the authority must publish the waterways notice in a newspaper circulated in the Gold Coast City local government area.\nA copy of a waterways notice must be available during normal business hours for inspection at the authority’s office.\nEvidence that a sign displaying a waterways notice was on or near the thing or area to which it relates is evidence that the notice was displayed by the authority.\n(sec.24-ssec.1) To have effect, a waterways notice must— be displayed, in a way that is clearly visible to passers-by, on or near the thing or area to which it relates; or be published on the authority’s website.\n(sec.24-ssec.2) Before a waterways notice mentioned in subsection (1) (b) has effect, the authority must publish the waterways notice in a newspaper circulated in the Gold Coast City local government area.\n(sec.24-ssec.3) A copy of a waterways notice must be available during normal business hours for inspection at the authority’s office.\n(sec.24-ssec.4) Evidence that a sign displaying a waterways notice was on or near the thing or area to which it relates is evidence that the notice was displayed by the authority.\n- (a) be displayed, in a way that is clearly visible to passers-by, on or near the thing or area to which it relates; or\n- (b) be published on the authority’s website.","sortOrder":37},{"sectionNumber":"sec.25","sectionType":"section","heading":"Person must comply with waterways notice","content":"### sec.25 Person must comply with waterways notice\n\nA person must comply with each requirement of a waterways notice, unless the person has a reasonable excuse for not complying with it.\nMaximum penalty—\nfor a contravention of a requirement of a waterways notice about the movement or mooring of, or activities on or by, a watercraft—100 penalty units; or\notherwise—25 penalty units.\n- (a) for a contravention of a requirement of a waterways notice about the movement or mooring of, or activities on or by, a watercraft—100 penalty units; or\n- (b) otherwise—25 penalty units.","sortOrder":38},{"sectionNumber":"sec.26","sectionType":"section","heading":"Interfering with waterways notices","content":"### sec.26 Interfering with waterways notices\n\nThis section applies to a waterways notice, other than a waterways notice published on the authority’s website.\nA person must not unlawfully interfere with the waterways notice.\nMaximum penalty—25 penalty units.\nIn this section—\ninterfere , with a waterways notice, includes remove or damage the waterways notice.\n(sec.26-ssec.1) This section applies to a waterways notice, other than a waterways notice published on the authority’s website.\n(sec.26-ssec.2) A person must not unlawfully interfere with the waterways notice. Maximum penalty—25 penalty units.\n(sec.26-ssec.3) In this section— interfere , with a waterways notice, includes remove or damage the waterways notice.","sortOrder":39},{"sectionNumber":"pt.5-div.3","sectionType":"division","heading":"Dealing with contravening and abandoned property","content":"## Dealing with contravening and abandoned property","sortOrder":40},{"sectionNumber":"sec.27","sectionType":"section","heading":"Definitions for div 3","content":"### sec.27 Definitions for div 3\n\nIn this division—\nabandoned property means a watercraft, part of a watercraft, or other property, that the authority reasonably believes is abandoned, lost or stranded in Gold Coast waters or on land adjacent to Gold Coast waters.\nmudflats, banks of rivers, foreshores\ncontravening property means a watercraft, part of a watercraft, or other property, that is moored or left in Gold Coast waters or on land adjacent to Gold Coast waters in contravention of a requirement of a waterways notice.\ninsufficient value , in relation to property, means the property—\nis of no value; or\nif sold by the authority, would not be likely to return sufficient proceeds of sale to cover the total of the following amounts—\nthe expenses reasonably incurred by the authority in selling the property;\nthe expenses reasonably incurred by the authority in dealing with the property under this division;\nthe charges, interest and other expenses owing to the authority in relation to the property.\nproperty does not include land or an interest in land.\n- (a) is of no value; or\n- (b) if sold by the authority, would not be likely to return sufficient proceeds of sale to cover the total of the following amounts— (i) the expenses reasonably incurred by the authority in selling the property; (ii) the expenses reasonably incurred by the authority in dealing with the property under this division; (iii) the charges, interest and other expenses owing to the authority in relation to the property.\n- (i) the expenses reasonably incurred by the authority in selling the property;\n- (ii) the expenses reasonably incurred by the authority in dealing with the property under this division;\n- (iii) the charges, interest and other expenses owing to the authority in relation to the property.\n- (i) the expenses reasonably incurred by the authority in selling the property;\n- (ii) the expenses reasonably incurred by the authority in dealing with the property under this division;\n- (iii) the charges, interest and other expenses owing to the authority in relation to the property.","sortOrder":41},{"sectionNumber":"sec.28","sectionType":"section","heading":"Moving contravening property","content":"### sec.28 Moving contravening property\n\nThis section applies to contravening property found by the authority if—\nthe authority reasonably believes it is necessary to move the contravening property having regard to—\nthe effective and efficient management and use of the Gold Coast waterways; or\nthe safety or security of the users of the Gold Coast waterways or the authority’s employees; and\nthe authority—\ncan not immediately find the person in charge of the contravening property; or\nreasonably believes the person in charge of the contravening property can not, or will not, move the contravening property immediately.\nThe authority may—\ntake steps necessary and reasonable to have the contravening property moved; and\nif the contravening property consists of goods that are perishable or is of insufficient value—treat the goods as abandoned property.\nIn this section—\nperson in charge , of contravening property, means—\nfor a watercraft—the person having command or charge of the watercraft; or\notherwise—the owner of the property or another person in charge of the property.\n(sec.28-ssec.1) This section applies to contravening property found by the authority if— the authority reasonably believes it is necessary to move the contravening property having regard to— the effective and efficient management and use of the Gold Coast waterways; or the safety or security of the users of the Gold Coast waterways or the authority’s employees; and the authority— can not immediately find the person in charge of the contravening property; or reasonably believes the person in charge of the contravening property can not, or will not, move the contravening property immediately.\n(sec.28-ssec.2) The authority may— take steps necessary and reasonable to have the contravening property moved; and if the contravening property consists of goods that are perishable or is of insufficient value—treat the goods as abandoned property.\n(sec.28-ssec.3) In this section— person in charge , of contravening property, means— for a watercraft—the person having command or charge of the watercraft; or otherwise—the owner of the property or another person in charge of the property.\n- (a) the authority reasonably believes it is necessary to move the contravening property having regard to— (i) the effective and efficient management and use of the Gold Coast waterways; or (ii) the safety or security of the users of the Gold Coast waterways or the authority’s employees; and\n- (i) the effective and efficient management and use of the Gold Coast waterways; or\n- (ii) the safety or security of the users of the Gold Coast waterways or the authority’s employees; and\n- (b) the authority— (i) can not immediately find the person in charge of the contravening property; or (ii) reasonably believes the person in charge of the contravening property can not, or will not, move the contravening property immediately.\n- (i) can not immediately find the person in charge of the contravening property; or\n- (ii) reasonably believes the person in charge of the contravening property can not, or will not, move the contravening property immediately.\n- (i) the effective and efficient management and use of the Gold Coast waterways; or\n- (ii) the safety or security of the users of the Gold Coast waterways or the authority’s employees; and\n- (i) can not immediately find the person in charge of the contravening property; or\n- (ii) reasonably believes the person in charge of the contravening property can not, or will not, move the contravening property immediately.\n- (a) take steps necessary and reasonable to have the contravening property moved; and\n- (b) if the contravening property consists of goods that are perishable or is of insufficient value—treat the goods as abandoned property.\n- (a) for a watercraft—the person having command or charge of the watercraft; or\n- (b) otherwise—the owner of the property or another person in charge of the property.","sortOrder":42},{"sectionNumber":"sec.29","sectionType":"section","heading":"Reasonable steps must be taken to find owner of abandoned property               ","content":"### sec.29 Reasonable steps must be taken to find owner of abandoned property               \n\nThis section applies to abandoned property found by the authority, unless the property—\nis of insufficient value; or\nis perishable and it is impracticable for the authority to keep it having regard to its nature and condition.\nThe authority—\nmust take reasonable steps to locate the owner of the property; and\nmay have the property moved to a place it considers appropriate.\nIf the authority has located the owner of the property within 28 days after the property was found, the authority must give the owner a written notice—\ndescribing the property; and\nstating the property has been found; and\nexplaining how the property may be recovered; and\nstating the property may be sold or disposed of if it is not recovered.\nIf the authority has not located the owner of the property within 28 days after finding the property, the authority must publish a notice in a newspaper circulating generally in the Gold Coast City local government area that includes the matters mentioned in subsection (3) (a) to (d) .\n(sec.29-ssec.1) This section applies to abandoned property found by the authority, unless the property— is of insufficient value; or is perishable and it is impracticable for the authority to keep it having regard to its nature and condition.\n(sec.29-ssec.2) The authority— must take reasonable steps to locate the owner of the property; and may have the property moved to a place it considers appropriate.\n(sec.29-ssec.3) If the authority has located the owner of the property within 28 days after the property was found, the authority must give the owner a written notice— describing the property; and stating the property has been found; and explaining how the property may be recovered; and stating the property may be sold or disposed of if it is not recovered.\n(sec.29-ssec.4) If the authority has not located the owner of the property within 28 days after finding the property, the authority must publish a notice in a newspaper circulating generally in the Gold Coast City local government area that includes the matters mentioned in subsection (3) (a) to (d) .\n- (a) is of insufficient value; or\n- (b) is perishable and it is impracticable for the authority to keep it having regard to its nature and condition.\n- (a) must take reasonable steps to locate the owner of the property; and\n- (b) may have the property moved to a place it considers appropriate.\n- (a) describing the property; and\n- (b) stating the property has been found; and\n- (c) explaining how the property may be recovered; and\n- (d) stating the property may be sold or disposed of if it is not recovered.","sortOrder":43},{"sectionNumber":"sec.30","sectionType":"section","heading":"A person may claim property","content":"### sec.30 A person may claim property\n\nThe authority must return abandoned property to a person if the person, within 28 days after the notice is given or published under section 29 —\nsatisfies the authority that the person is the owner of the property; and\npays the expenses reasonably incurred by the authority in dealing with the property under this division.\n- (a) satisfies the authority that the person is the owner of the property; and\n- (b) pays the expenses reasonably incurred by the authority in dealing with the property under this division.","sortOrder":44},{"sectionNumber":"sec.31","sectionType":"section","heading":"Sale of abandoned property","content":"### sec.31 Sale of abandoned property\n\nThe authority may sell abandoned property if—\na person does not claim the abandoned property within 28 days after the authority has given or published a notice about the property under section 29 ; or\nthe property is perishable and it is impracticable for the authority to keep it having regard to its nature and condition.\nIf abandoned property is sold by the authority, the proceeds of the sale must be applied in the following order—\nin payment of the expenses reasonably incurred by the authority in selling the property;\nin payment of the expenses reasonably incurred by the authority in dealing with the property under this division;\nin payment of charges, interest and other expenses owing to the authority in relation to the property;\nif 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;\nthe balance to the owner of the abandoned property or, if the owner can not be found, to the consolidated fund.\nIf the proceeds of the sale are less than the total of the expenses mentioned in subsection (2) (a) , (b) and (c) , the difference is a debt owing to the State by the owner.\nCompensation may not be recovered against the authority in relation to a payment under this section.\n(sec.31-ssec.1) The authority may sell abandoned property if— a person does not claim the abandoned property within 28 days after the authority has given or published a notice about the property under section 29 ; or the property is perishable and it is impracticable for the authority to keep it having regard to its nature and condition.\n(sec.31-ssec.2) If abandoned property is sold by the authority, the proceeds of the sale must be applied in the following order— in payment of the expenses reasonably incurred by the authority in selling the property; in payment of the expenses reasonably incurred by the authority in dealing with the property under this division; in payment of charges, interest and other expenses owing to the authority in relation to the property; 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; the balance to the owner of the abandoned property or, if the owner can not be found, to the consolidated fund.\n(sec.31-ssec.3) If the proceeds of the sale are less than the total of the expenses mentioned in subsection (2) (a) , (b) and (c) , the difference is a debt owing to the State by the owner.\n(sec.31-ssec.4) Compensation may not be recovered against the authority in relation to a payment under this section.\n- (a) a person does not claim the abandoned property within 28 days after the authority has given or published a notice about the property under section 29 ; or\n- (b) the property is perishable and it is impracticable for the authority to keep it having regard to its nature and condition.\n- (a) in payment of the expenses reasonably incurred by the authority in selling the property;\n- (b) in payment of the expenses reasonably incurred by the authority in dealing with the property under this division;\n- (c) in payment of charges, interest and other expenses owing to the authority in relation to the property;\n- (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;\n- (e) the balance to the owner of the abandoned property or, if the owner can not be found, to the consolidated fund.","sortOrder":45},{"sectionNumber":"sec.32","sectionType":"section","heading":"Abandoned property of insufficient value","content":"### sec.32 Abandoned property of insufficient value\n\nThe authority may dispose of abandoned property that is of insufficient value in the way the authority considers appropriate.","sortOrder":46},{"sectionNumber":"sec.32A","sectionType":"section","heading":"Recovery of expenses incurred in dealing with property","content":"### sec.32A Recovery of expenses incurred in dealing with property\n\nIf the authority reasonably incurs expenses in dealing with property under this division, the amount of the expenses may be recovered by the authority as a debt payable to the State by the owner of the property.\nHowever, this section does not apply if the authority sells the property under section 31 .\ns 32A ins 2020 No. 6 s 19\n(sec.32A-ssec.1) If the authority reasonably incurs expenses in dealing with property under this division, the amount of the expenses may be recovered by the authority as a debt payable to the State by the owner of the property.\n(sec.32A-ssec.2) However, this section does not apply if the authority sells the property under section 31 .","sortOrder":47},{"sectionNumber":"pt.5-div.4","sectionType":"division","heading":"Review of decisions","content":"## Review of decisions","sortOrder":48},{"sectionNumber":"sec.33","sectionType":"section","heading":"Definitions for div 4","content":"### sec.33 Definitions for div 4\n\nIn this division—\noriginal decision means a decision made under this part by the authority or a delegate of the authority, other than a reviewed decision.\nreviewed decision means the authority’s decision made, or taken to have been made, on a review under section 34 .","sortOrder":49},{"sectionNumber":"sec.34","sectionType":"section","heading":"Internal review","content":"### sec.34 Internal review\n\nA person whose interests are affected by an original decision may ask the authority to review the decision.\nThe Transport Planning and Coordination Act 1994 , part 5 , division 2 —\napplies to the review; and\nprovides—\nfor the procedure for applying for the review and the way it is to be carried out; and\nthat the person may apply to QCAT to have the original decision stayed.\nFor applying the Transport Planning and Coordination Act 1994 , part 5 , division 2 , a reference to the chief executive in that division, including, for example, in sections 33 and 34 of that Act, is taken to be a reference to the authority.\n(sec.34-ssec.1) A person whose interests are affected by an original decision may ask the authority to review the decision.\n(sec.34-ssec.2) The Transport Planning and Coordination Act 1994 , part 5 , division 2 — applies to the review; and provides— for the procedure for applying for the review and the way it is to be carried out; and that the person may apply to QCAT to have the original decision stayed.\n(sec.34-ssec.3) For applying the Transport Planning and Coordination Act 1994 , part 5 , division 2 , a reference to the chief executive in that division, including, for example, in sections 33 and 34 of that Act, is taken to be a reference to the authority.\n- (a) applies to the review; and\n- (b) provides— (i) for the procedure for applying for the review and the way it is to be carried out; and (ii) that the person may apply to QCAT to have the original decision stayed.\n- (i) for the procedure for applying for the review and the way it is to be carried out; and\n- (ii) that the person may apply to QCAT to have the original decision stayed.\n- (i) for the procedure for applying for the review and the way it is to be carried out; and\n- (ii) that the person may apply to QCAT to have the original decision stayed.","sortOrder":50},{"sectionNumber":"sec.35","sectionType":"section","heading":"External review","content":"### sec.35 External review\n\nIf a reviewed decision is not the decision sought by the applicant for the review, the authority must give the applicant a QCAT information notice for the reviewed decision.\nThe applicant may apply, as provided under the QCAT Act , to QCAT for a review of the reviewed decision.\nThe QCAT Act , section 22 (3) provides that QCAT may stay the operation of the reviewed decision, either on application by a person or on its own initiative.\nIn this section—\nQCAT information notice means a notice complying with the QCAT Act , section 157 (2) .\n(sec.35-ssec.1) If a reviewed decision is not the decision sought by the applicant for the review, the authority must give the applicant a QCAT information notice for the reviewed decision.\n(sec.35-ssec.2) The applicant may apply, as provided under the QCAT Act , to QCAT for a review of the reviewed decision. The QCAT Act , section 22 (3) provides that QCAT may stay the operation of the reviewed decision, either on application by a person or on its own initiative.\n(sec.35-ssec.3) In this section— QCAT information notice means a notice complying with the QCAT Act , section 157 (2) .","sortOrder":51},{"sectionNumber":"pt.6","sectionType":"part","heading":"Ministerial directions, reporting and information","content":"# Ministerial directions, reporting and information","sortOrder":52},{"sectionNumber":"sec.36","sectionType":"section","heading":"Ministerial directions or guidelines to Gold Coast Waterways Authority                ","content":"### sec.36 Ministerial directions or guidelines to Gold Coast Waterways Authority                \n\nThe Minister may give the authority—\na written direction about the performance of its functions (a Ministerial direction ); or\nwritten guidelines to help the authority perform its functions.\nA Ministerial direction may prohibit the authority from acquiring a particular asset or an asset of a particular type.\nThe authority must comply with a Ministerial direction.\nIn this section—\nMinister means—\nfor a Ministerial direction or guidelines about the performance of the authority’s functions in relation to the Gold Coast waterways—the Minister responsible for administering this Act; or\nfor a Ministerial direction or guidelines about the performance of the authority’s functions in relation to the development or delivery of a Spit works program—the Spit Development Minister.\ns 36 amd 2020 No. 6 s 20\n(sec.36-ssec.1) The Minister may give the authority— a written direction about the performance of its functions (a Ministerial direction ); or written guidelines to help the authority perform its functions.\n(sec.36-ssec.2) A Ministerial direction may prohibit the authority from acquiring a particular asset or an asset of a particular type.\n(sec.36-ssec.3) The authority must comply with a Ministerial direction.\n(sec.36-ssec.4) In this section— Minister means— for a Ministerial direction or guidelines about the performance of the authority’s functions in relation to the Gold Coast waterways—the Minister responsible for administering this Act; or for a Ministerial direction or guidelines about the performance of the authority’s functions in relation to the development or delivery of a Spit works program—the Spit Development Minister.\n- (a) a written direction about the performance of its functions (a Ministerial direction ); or\n- (b) written guidelines to help the authority perform its functions.\n- (a) for a Ministerial direction or guidelines about the performance of the authority’s functions in relation to the Gold Coast waterways—the Minister responsible for administering this Act; or\n- (b) for a Ministerial direction or guidelines about the performance of the authority’s functions in relation to the development or delivery of a Spit works program—the Spit Development Minister.","sortOrder":53},{"sectionNumber":"sec.37","sectionType":"section","heading":"Ministerial access to information","content":"### sec.37 Ministerial access to information\n\nThe Minister may, by written notice, require the authority to prepare, approve and give the Minister or a stated person in a stated government entity stated information or stated documents, or copies of documents, in the authority’s possession.\nThe authority must comply with the requirement.\nIn this section—\ngovernment entity see the Public Sector Act 2022 , section 276 .\nMinister means—\nfor information or a document relating to the Gold Coast waterways—the Minister responsible for administering this Act; or\nfor information or a document relating to the development or delivery of a Spit works program—the Spit Development Minister.\ns 37 amd 2020 No. 6 s 21 ; 2022 No. 34 s 365 sch 3\n(sec.37-ssec.1) The Minister may, by written notice, require the authority to prepare, approve and give the Minister or a stated person in a stated government entity stated information or stated documents, or copies of documents, in the authority’s possession.\n(sec.37-ssec.2) The authority must comply with the requirement.\n(sec.37-ssec.3) In this section— government entity see the Public Sector Act 2022 , section 276 . Minister means— for information or a document relating to the Gold Coast waterways—the Minister responsible for administering this Act; or for information or a document relating to the development or delivery of a Spit works program—the Spit Development Minister.\n- (a) for information or a document relating to the Gold Coast waterways—the Minister responsible for administering this Act; or\n- (b) for information or a document relating to the development or delivery of a Spit works program—the Spit Development Minister.","sortOrder":54},{"sectionNumber":"sec.38","sectionType":"section","heading":"Quarterly performance reports","content":"### sec.38 Quarterly performance reports\n\nThe authority must prepare, approve and give the Minister a written report about the performance of its functions at quarterly intervals or other more frequent intervals as directed by the Minister.\nWithout limiting subsection (1) , the report must include information about the following matters—\nprojects relating to—\nimproving and maintaining navigational access to Gold Coast waters; and\ndeveloping and improving public marine facilities; and\nthe delivery of the approved Spit works program;\nthe progress of each project mentioned in paragraph (a) ;\nwaterways management activities in relation to the Gold Coast waterways;\nrevenue and expenditure.\ns 38 amd 2020 No. 6 s 22\n(sec.38-ssec.1) The authority must prepare, approve and give the Minister a written report about the performance of its functions at quarterly intervals or other more frequent intervals as directed by the Minister.\n(sec.38-ssec.2) Without limiting subsection (1) , the report must include information about the following matters— projects relating to— improving and maintaining navigational access to Gold Coast waters; and developing and improving public marine facilities; and the delivery of the approved Spit works program; the progress of each project mentioned in paragraph (a) ; waterways management activities in relation to the Gold Coast waterways; revenue and expenditure.\n- (a) projects relating to— (i) improving and maintaining navigational access to Gold Coast waters; and (ii) developing and improving public marine facilities; and (iii) the delivery of the approved Spit works program;\n- (i) improving and maintaining navigational access to Gold Coast waters; and\n- (ii) developing and improving public marine facilities; and\n- (iii) the delivery of the approved Spit works program;\n- (b) the progress of each project mentioned in paragraph (a) ;\n- (c) waterways management activities in relation to the Gold Coast waterways;\n- (d) revenue and expenditure.\n- (i) improving and maintaining navigational access to Gold Coast waters; and\n- (ii) developing and improving public marine facilities; and\n- (iii) the delivery of the approved Spit works program;","sortOrder":55},{"sectionNumber":"sec.39","sectionType":"section","heading":"Annual report","content":"### sec.39 Annual report\n\nThis section applies to each annual report the authority is required to prepare and give to the Minister under the Financial Accountability Act 2009 , section 63 .\nThe annual report must include the following—\na copy of any Ministerial directions given during the year to which the report relates (the year );\na statement about how the authority performed its functions during the year compared with the expected performance for the year under the authority’s waterways management program and approved Spit works program;\ndetails about projects relating to improving and maintaining navigational access to Gold Coast waters and developing and improving public marine facilities undertaken during the year;\ndetails about projects relating to the delivery of the approved Spit works program undertaken during the year;\nany other matter prescribed under a regulation.\nThis section does not limit the application of the Financial Accountability Act 2009 .\ns 39 amd 2020 No. 6 s 23\n(sec.39-ssec.1) This section applies to each annual report the authority is required to prepare and give to the Minister under the Financial Accountability Act 2009 , section 63 .\n(sec.39-ssec.2) The annual report must include the following— a copy of any Ministerial directions given during the year to which the report relates (the year ); a statement about how the authority performed its functions during the year compared with the expected performance for the year under the authority’s waterways management program and approved Spit works program; details about projects relating to improving and maintaining navigational access to Gold Coast waters and developing and improving public marine facilities undertaken during the year; details about projects relating to the delivery of the approved Spit works program undertaken during the year; any other matter prescribed under a regulation.\n(sec.39-ssec.3) This section does not limit the application of the Financial Accountability Act 2009 .\n- (a) a copy of any Ministerial directions given during the year to which the report relates (the year );\n- (b) a statement about how the authority performed its functions during the year compared with the expected performance for the year under the authority’s waterways management program and approved Spit works program;\n- (c) details about projects relating to improving and maintaining navigational access to Gold Coast waters and developing and improving public marine facilities undertaken during the year;\n- (d) details about projects relating to the delivery of the approved Spit works program undertaken during the year;\n- (e) any other matter prescribed under a regulation.","sortOrder":56},{"sectionNumber":"pt.7","sectionType":"part","heading":"Financial provisions","content":"# Financial provisions","sortOrder":57},{"sectionNumber":"sec.40","sectionType":"section","heading":"Application of financial Acts","content":"### sec.40 Application of financial Acts\n\nThe authority is—\na statutory body under the Financial Accountability Act 2009 ; and\na statutory body under the Statutory Bodies Financial Arrangements Act 1982 .\nThe Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way in which the authority’s powers under this Act are affected by that Act.\n(sec.40-ssec.1) The authority is— a statutory body under the Financial Accountability Act 2009 ; and a statutory body under the Statutory Bodies Financial Arrangements Act 1982 .\n(sec.40-ssec.2) The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way in which the authority’s powers under this Act are affected by that Act.\n- (a) a statutory body under the Financial Accountability Act 2009 ; and\n- (b) a statutory body under the Statutory Bodies Financial Arrangements Act 1982 .","sortOrder":58},{"sectionNumber":"sec.41","sectionType":"section","heading":"Amounts received must be paid into the consolidated fund","content":"### sec.41 Amounts received must be paid into the consolidated fund\n\nThe authority must pay amounts received under this or another Act into the consolidated fund, including the following—\namounts received from the proceeds of sale of abandoned property under section 31 ;\namounts received for annual levies from an owner of a marina under section 42 ;\namounts received, to the extent they relate to the Gold Coast waterways—\nfrom the proceeds of sale of a watercraft under the Transport Infrastructure Act 1994 , section 475U ; and\nfor fees in relation to buoy moorings and aquatic events under the Transport Operations (Marine Safety) Act 1994 .\n- (a) amounts received from the proceeds of sale of abandoned property under section 31 ;\n- (b) amounts received for annual levies from an owner of a marina under section 42 ;\n- (c) amounts received, to the extent they relate to the Gold Coast waterways— (i) from the proceeds of sale of a watercraft under the Transport Infrastructure Act 1994 , section 475U ; and (ii) for fees in relation to buoy moorings and aquatic events under the Transport Operations (Marine Safety) Act 1994 .\n- (i) from the proceeds of sale of a watercraft under the Transport Infrastructure Act 1994 , section 475U ; and\n- (ii) for fees in relation to buoy moorings and aquatic events under the Transport Operations (Marine Safety) Act 1994 .\n- (i) from the proceeds of sale of a watercraft under the Transport Infrastructure Act 1994 , section 475U ; and\n- (ii) for fees in relation to buoy moorings and aquatic events under the Transport Operations (Marine Safety) Act 1994 .","sortOrder":59},{"sectionNumber":"sec.42","sectionType":"section","heading":"Marina owner levy","content":"### sec.42 Marina owner levy\n\nThe owner of a marina must pay an annual levy to the authority as a contribution towards providing and maintaining public marine facilities.\nThe levy must be paid within 30 days after the authority gives written notice of the levy to the owner of the marina.\nThe amount of the levy is the amount prescribed under a regulation.\nIn this section—\nmarina means a jetty, mooring, pontoon or berth, or combination of them, that can be used to moor at least 3 watercraft.\nowner , of a marina, includes a person who—\nexercises or purports to exercise the powers of the owner; and\noperates the marina or causes or allows the marina to be operated by someone else.\n(sec.42-ssec.1) The owner of a marina must pay an annual levy to the authority as a contribution towards providing and maintaining public marine facilities.\n(sec.42-ssec.2) The levy must be paid within 30 days after the authority gives written notice of the levy to the owner of the marina.\n(sec.42-ssec.3) The amount of the levy is the amount prescribed under a regulation.\n(sec.42-ssec.4) In this section— marina means a jetty, mooring, pontoon or berth, or combination of them, that can be used to moor at least 3 watercraft. owner , of a marina, includes a person who— exercises or purports to exercise the powers of the owner; and operates the marina or causes or allows the marina to be operated by someone else.\n- (a) exercises or purports to exercise the powers of the owner; and\n- (b) operates the marina or causes or allows the marina to be operated by someone else.","sortOrder":60},{"sectionNumber":"pt.8","sectionType":"part","heading":"Gold Coast Waterways Authority Board","content":"# Gold Coast Waterways Authority Board","sortOrder":61},{"sectionNumber":"pt.8-div.1","sectionType":"division","heading":"Establishment and membership","content":"## Establishment and membership","sortOrder":62},{"sectionNumber":"sec.43","sectionType":"section","heading":"Gold Coast Waterways Authority Board controls the Authority","content":"### sec.43 Gold Coast Waterways Authority Board controls the Authority\n\nThe Gold Coast Waterways Authority Board controls the Authority.","sortOrder":63},{"sectionNumber":"sec.44","sectionType":"section","heading":"Membership","content":"### sec.44 Membership\n\nThe board consists of the following persons (each a member )—\na chairperson (an appointed member ); and\nthe mayor of the Gold Coast City Council; and\nat least 5, but no more than 8, other persons (each also an appointed member ).\ns 44 amd 2020 No. 6 s 24\n- (a) a chairperson (an appointed member ); and\n- (b) the mayor of the Gold Coast City Council; and\n- (c) at least 5, but no more than 8, other persons (each also an appointed member ).","sortOrder":64},{"sectionNumber":"sec.45","sectionType":"section","heading":"Appointed members","content":"### sec.45 Appointed members\n\nAppointed members are to be appointed by the Governor in Council, by gazette notice, on the recommendation of the Minister.\nA person may be appointed as an appointed member only if the person is not a disqualified person and the person—\nhas knowledge of and experience in 1 or more of the following relevant to the Gold Coast waterways—\nthe representation of the interests of stakeholders in the Gold Coast waterways, including industry, recreational users, tourism operators and interested groups;\nmarine, coastal or waterways planning;\nenvironmental management;\nmarine, coastal, waterways or infrastructure engineering;\ncommercial and marketing development;\nmaritime business; or\nhas knowledge of and experience in 1 or more of the following relevant to the development and delivery of a Spit works program—\nmajor projects, including, for example, construction, design or delivery of major projects;\nproject management;\nplanning and development;\nthe design and aesthetics of public open spaces, parks, natural environments and built form; or\nhas other knowledge and experience the Minister considers appropriate.\ns 45 amd 2020 No. 6 s 25\n(sec.45-ssec.1) Appointed members are to be appointed by the Governor in Council, by gazette notice, on the recommendation of the Minister.\n(sec.45-ssec.2) A person may be appointed as an appointed member only if the person is not a disqualified person and the person— has knowledge of and experience in 1 or more of the following relevant to the Gold Coast waterways— the representation of the interests of stakeholders in the Gold Coast waterways, including industry, recreational users, tourism operators and interested groups; marine, coastal or waterways planning; environmental management; marine, coastal, waterways or infrastructure engineering; commercial and marketing development; maritime business; or has knowledge of and experience in 1 or more of the following relevant to the development and delivery of a Spit works program— major projects, including, for example, construction, design or delivery of major projects; project management; planning and development; the design and aesthetics of public open spaces, parks, natural environments and built form; or has other knowledge and experience the Minister considers appropriate.\n- (a) has knowledge of and experience in 1 or more of the following relevant to the Gold Coast waterways— (i) the representation of the interests of stakeholders in the Gold Coast waterways, including industry, recreational users, tourism operators and interested groups; (ii) marine, coastal or waterways planning; (iii) environmental management; (iv) marine, coastal, waterways or infrastructure engineering; (v) commercial and marketing development; (vi) maritime business; or\n- (i) the representation of the interests of stakeholders in the Gold Coast waterways, including industry, recreational users, tourism operators and interested groups;\n- (ii) marine, coastal or waterways planning;\n- (iii) environmental management;\n- (iv) marine, coastal, waterways or infrastructure engineering;\n- (v) commercial and marketing development;\n- (vi) maritime business; or\n- (b) has knowledge of and experience in 1 or more of the following relevant to the development and delivery of a Spit works program— (i) major projects, including, for example, construction, design or delivery of major projects; (ii) project management; (iii) planning and development; (iv) the design and aesthetics of public open spaces, parks, natural environments and built form; or\n- (i) major projects, including, for example, construction, design or delivery of major projects;\n- (ii) project management;\n- (iii) planning and development;\n- (iv) the design and aesthetics of public open spaces, parks, natural environments and built form; or\n- (c) has other knowledge and experience the Minister considers appropriate.\n- (i) the representation of the interests of stakeholders in the Gold Coast waterways, including industry, recreational users, tourism operators and interested groups;\n- (ii) marine, coastal or waterways planning;\n- (iii) environmental management;\n- (iv) marine, coastal, waterways or infrastructure engineering;\n- (v) commercial and marketing development;\n- (vi) maritime business; or\n- (i) major projects, including, for example, construction, design or delivery of major projects;\n- (ii) project management;\n- (iii) planning and development;\n- (iv) the design and aesthetics of public open spaces, parks, natural environments and built form; or","sortOrder":65},{"sectionNumber":"sec.46","sectionType":"section","heading":"Duration of appointment","content":"### sec.46 Duration of appointment\n\nAn appointed member holds office for the term, of not more than 3 years, stated in the member’s instrument of appointment.\nIf an appointed member is reappointed, the total of the member’s terms of office may not be longer than 6 years.\n(sec.46-ssec.1) An appointed member holds office for the term, of not more than 3 years, stated in the member’s instrument of appointment.\n(sec.46-ssec.2) If an appointed member is reappointed, the total of the member’s terms of office may not be longer than 6 years.","sortOrder":66},{"sectionNumber":"sec.47","sectionType":"section","heading":"Terms and conditions of appointment","content":"### sec.47 Terms and conditions of appointment\n\nAn appointed member is to be paid the remuneration and allowances decided by the Governor in Council in the person’s instrument of appointment.\nAn appointed member holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council.\n(sec.47-ssec.1) An appointed member is to be paid the remuneration and allowances decided by the Governor in Council in the person’s instrument of appointment.\n(sec.47-ssec.2) An appointed member holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council.","sortOrder":67},{"sectionNumber":"sec.48","sectionType":"section","heading":"Vacation of office of appointed member","content":"### sec.48 Vacation of office of appointed member\n\nThe office of an appointed member becomes vacant if the member—\ncompletes a term of office; or\nresigns office by signed notice given to the Minister; or\nis removed from office as a member under section 50 .\n- (a) completes a term of office; or\n- (b) resigns office by signed notice given to the Minister; or\n- (c) is removed from office as a member under section 50 .","sortOrder":68},{"sectionNumber":"sec.49","sectionType":"section","heading":"Suspension from office of appointed members","content":"### sec.49 Suspension from office of appointed members\n\nThis section applies if—\na matter has arisen in relation to an appointed member of the board; and\nthe matter—\nis one which is, or may be, a reason for removing a member from office under section 50 ; or\nis alleged misconduct by the member; and\nthe Minister considers that it is necessary in the public interest for the member to be suspended from office pending further consideration of the matter.\nThe Minister may suspend the appointed member from office, by written notice given to the appointed member, for a period not exceeding 60 days.\nIf the Minister considers it is necessary in the circumstances, the Minister may extend the suspension from time to time, by written notice given to the appointed member, by periods not exceeding 60 days.\nThe Minister must advise the appointed member, by written notice given to the appointed member, if the Minister ends the member’s suspension.\nIn this section—\nmisconduct , for an appointed member of the board, means—\ninappropriate or improper conduct in performing the member’s duties; or\ninappropriate or improper conduct in a private capacity that reflects seriously or adversely on the board.\n(sec.49-ssec.1) This section applies if— a matter has arisen in relation to an appointed member of the board; and the matter— is one which is, or may be, a reason for removing a member from office under section 50 ; or is alleged misconduct by the member; and the Minister considers that it is necessary in the public interest for the member to be suspended from office pending further consideration of the matter.\n(sec.49-ssec.2) The Minister may suspend the appointed member from office, by written notice given to the appointed member, for a period not exceeding 60 days.\n(sec.49-ssec.3) If the Minister considers it is necessary in the circumstances, the Minister may extend the suspension from time to time, by written notice given to the appointed member, by periods not exceeding 60 days.\n(sec.49-ssec.4) The Minister must advise the appointed member, by written notice given to the appointed member, if the Minister ends the member’s suspension.\n(sec.49-ssec.5) In this section— misconduct , for an appointed member of the board, means— inappropriate or improper conduct in performing the member’s duties; or inappropriate or improper conduct in a private capacity that reflects seriously or adversely on the board.\n- (a) a matter has arisen in relation to an appointed member of the board; and\n- (b) the matter— (i) is one which is, or may be, a reason for removing a member from office under section 50 ; or (ii) is alleged misconduct by the member; and\n- (i) is one which is, or may be, a reason for removing a member from office under section 50 ; or\n- (ii) is alleged misconduct by the member; and\n- (c) the Minister considers that it is necessary in the public interest for the member to be suspended from office pending further consideration of the matter.\n- (i) is one which is, or may be, a reason for removing a member from office under section 50 ; or\n- (ii) is alleged misconduct by the member; and\n- (a) inappropriate or improper conduct in performing the member’s duties; or\n- (b) inappropriate or improper conduct in a private capacity that reflects seriously or adversely on the board.","sortOrder":69},{"sectionNumber":"sec.50","sectionType":"section","heading":"Removal from office of appointed members","content":"### sec.50 Removal from office of appointed members\n\nThe Governor in Council may at any time remove an appointed member from office for any reason or none.","sortOrder":70},{"sectionNumber":"sec.51","sectionType":"section","heading":"Delegation by particular member","content":"### sec.51 Delegation by particular member\n\nThe mayor of the Gold Coast City Council may delegate the mayor’s functions as a member of the board to—\nanother councillor of the Gold Coast City Council; or\nan appropriately qualified employee of the Gold Coast City Council.\n- (a) another councillor of the Gold Coast City Council; or\n- (b) an appropriately qualified employee of the Gold Coast City Council.","sortOrder":71},{"sectionNumber":"pt.8-div.2","sectionType":"division","heading":"Meetings and other business","content":"## Meetings and other business","sortOrder":72},{"sectionNumber":"sec.52","sectionType":"section","heading":"Conduct of business","content":"### sec.52 Conduct of business\n\nA regulation may provide for how the board may conduct its business, including its meetings.\nSubject to subsection (1) and this division, the board may conduct its business, including its meetings, in the way it considers appropriate.\n(sec.52-ssec.1) A regulation may provide for how the board may conduct its business, including its meetings.\n(sec.52-ssec.2) Subject to subsection (1) and this division, the board may conduct its business, including its meetings, in the way it considers appropriate.","sortOrder":73},{"sectionNumber":"sec.53","sectionType":"section","heading":"Times and places of meetings","content":"### sec.53 Times and places of meetings\n\nMeetings of the board are to be held at the times and places the chairperson decides.\nHowever, the chairperson must call a meeting if asked, in writing, to do so by at least 2 members.\nAlso, the chairperson must call a meeting at least once in each quarter.\n(sec.53-ssec.1) Meetings of the board are to be held at the times and places the chairperson decides.\n(sec.53-ssec.2) However, the chairperson must call a meeting if asked, in writing, to do so by at least 2 members.\n(sec.53-ssec.3) Also, the chairperson must call a meeting at least once in each quarter.","sortOrder":74},{"sectionNumber":"sec.54","sectionType":"section","heading":"Quorum","content":"### sec.54 Quorum\n\nA quorum for a board meeting is more than half of the number of members.","sortOrder":75},{"sectionNumber":"sec.55","sectionType":"section","heading":"Presiding at meetings","content":"### sec.55 Presiding at meetings\n\nThe chairperson is to preside at all board meetings at which the chairperson is present.\nIf the chairperson is not present, the following member is to preside—\nthe member chosen by the chairperson;\notherwise—the member chosen by the members present.\n(sec.55-ssec.1) The chairperson is to preside at all board meetings at which the chairperson is present.\n(sec.55-ssec.2) If the chairperson is not present, the following member is to preside— the member chosen by the chairperson; otherwise—the member chosen by the members present.\n- (a) the member chosen by the chairperson;\n- (b) otherwise—the member chosen by the members present.","sortOrder":76},{"sectionNumber":"sec.56","sectionType":"section","heading":"Conduct of meetings","content":"### sec.56 Conduct of meetings\n\nThe board may hold meetings, or allow members to take part in its meetings, by using any technology allowing reasonably contemporaneous and continuous communication between persons taking part in the meeting.\nA person who takes part in a board meeting under subsection (1) is taken to be present at the meeting.\nA decision at a board meeting must be a majority decision of the members present.\nHowever, if the votes cast on a matter are equal the chairperson has a casting vote.\n(sec.56-ssec.1) The board may hold meetings, or allow members to take part in its meetings, by using any technology allowing reasonably contemporaneous and continuous communication between persons taking part in the meeting.\n(sec.56-ssec.2) A person who takes part in a board meeting under subsection (1) is taken to be present at the meeting.\n(sec.56-ssec.3) A decision at a board meeting must be a majority decision of the members present.\n(sec.56-ssec.4) However, if the votes cast on a matter are equal the chairperson has a casting vote.","sortOrder":77},{"sectionNumber":"sec.57","sectionType":"section","heading":"Decisions outside meetings","content":"### sec.57 Decisions outside meetings\n\nA decision of the board, other than a decision at a meeting of the board, may be made only with the written agreement of a majority of members.","sortOrder":78},{"sectionNumber":"sec.58","sectionType":"section","heading":"Minutes and record of decisions","content":"### sec.58 Minutes and record of decisions\n\nThe board must keep—\nminutes of its meetings; and\na record of any decisions under section 57 .\nThe minutes of a meeting or record of a decision must record that a member abstained from casting a vote on a matter.\n(sec.58-ssec.1) The board must keep— minutes of its meetings; and a record of any decisions under section 57 .\n(sec.58-ssec.2) The minutes of a meeting or record of a decision must record that a member abstained from casting a vote on a matter.\n- (a) minutes of its meetings; and\n- (b) a record of any decisions under section 57 .","sortOrder":79},{"sectionNumber":"pt.8-div.3","sectionType":"division","heading":"Miscellaneous provisions","content":"## Miscellaneous provisions","sortOrder":80},{"sectionNumber":"sec.59","sectionType":"section","heading":"Protection of members from civil liability","content":"### sec.59 Protection of members from civil liability\n\nA member is not civilly liable to someone for an act done, or omission made, honestly and without negligence under this Act.\nIf subsection (1) prevents a civil liability attaching to the member, the liability attaches instead to the State.\n(sec.59-ssec.1) A member is not civilly liable to someone for an act done, or omission made, honestly and without negligence under this Act.\n(sec.59-ssec.2) If subsection (1) prevents a civil liability attaching to the member, the liability attaches instead to the State.","sortOrder":81},{"sectionNumber":"pt.9","sectionType":"part","heading":"Staff","content":"# Staff","sortOrder":82},{"sectionNumber":"pt.9-div.1","sectionType":"division","heading":"Chief executive officer","content":"## Chief executive officer","sortOrder":83},{"sectionNumber":"sec.60","sectionType":"section","heading":"Chief executive officer","content":"### sec.60 Chief executive officer\n\nThe Governor in Council must appoint a chief executive officer of the authority.\nA disqualified person can not be appointed as the chief executive officer.\nThe term of the chief executive officer’s appointment can not be more than 5 years.\nSubject to subsection (3) , the chief executive officer’s remuneration and allowances and other terms and conditions of office are as decided by the Governor in Council in the person’s instrument of appointment.\nThe chief executive officer is to be appointed under this Act, and not under the Public Sector Act 2022 .\ns 60 amd 2022 No. 34 s 365 sch 3\n(sec.60-ssec.1) The Governor in Council must appoint a chief executive officer of the authority.\n(sec.60-ssec.2) A disqualified person can not be appointed as the chief executive officer.\n(sec.60-ssec.3) The term of the chief executive officer’s appointment can not be more than 5 years.\n(sec.60-ssec.4) Subject to subsection (3) , the chief executive officer’s remuneration and allowances and other terms and conditions of office are as decided by the Governor in Council in the person’s instrument of appointment.\n(sec.60-ssec.5) The chief executive officer is to be appointed under this Act, and not under the Public Sector Act 2022 .","sortOrder":84},{"sectionNumber":"sec.61","sectionType":"section","heading":"Acting chief executive officer","content":"### sec.61 Acting chief executive officer\n\nThis section applies if—\nno chief executive officer has been appointed; or\nthe office of chief executive officer is vacant; or\nthe appointed chief executive officer (the usual CEO ) is absent or is unable to discharge the functions of the office because of illness or any other reason.\nThe Minister may, by signed notice, appoint a person to act in the office.\nFor the circumstances mentioned in subsection (1) (a) or (b) , the appointment ends when, if the Governor in Council appoints someone else as the chief executive officer, the term of that appointment starts.\nFor the circumstances mentioned in subsection (1) (c) , the appointment ends if the Minister gives the appointee notice that the usual CEO has resumed his or her duties as the chief executive officer.\nThe Acts Interpretation Act 1954 , section 24B (7D) to (15) applies to the appointee as if the appointee had been appointed under that section.\nThis section does not limit or otherwise affect the Acts Interpretation Act 1954 , section 24B .\n(sec.61-ssec.1) This section applies if— no chief executive officer has been appointed; or the office of chief executive officer is vacant; or the appointed chief executive officer (the usual CEO ) is absent or is unable to discharge the functions of the office because of illness or any other reason.\n(sec.61-ssec.2) The Minister may, by signed notice, appoint a person to act in the office.\n(sec.61-ssec.3) For the circumstances mentioned in subsection (1) (a) or (b) , the appointment ends when, if the Governor in Council appoints someone else as the chief executive officer, the term of that appointment starts.\n(sec.61-ssec.4) For the circumstances mentioned in subsection (1) (c) , the appointment ends if the Minister gives the appointee notice that the usual CEO has resumed his or her duties as the chief executive officer.\n(sec.61-ssec.5) The Acts Interpretation Act 1954 , section 24B (7D) to (15) applies to the appointee as if the appointee had been appointed under that section.\n(sec.61-ssec.6) This section does not limit or otherwise affect the Acts Interpretation Act 1954 , section 24B .\n- (a) no chief executive officer has been appointed; or\n- (b) the office of chief executive officer is vacant; or\n- (c) the appointed chief executive officer (the usual CEO ) is absent or is unable to discharge the functions of the office because of illness or any other reason.","sortOrder":85},{"sectionNumber":"sec.62","sectionType":"section","heading":"Functions and powers of the chief executive officer","content":"### sec.62 Functions and powers of the chief executive officer\n\nThe chief executive officer must manage, and report to the board about, the authority’s operations.\nThe chief executive officer has the power to do anything necessary or convenient to be done for the performance of the chief executive officer’s functions.\n(sec.62-ssec.1) The chief executive officer must manage, and report to the board about, the authority’s operations.\n(sec.62-ssec.2) The chief executive officer has the power to do anything necessary or convenient to be done for the performance of the chief executive officer’s functions.","sortOrder":86},{"sectionNumber":"sec.63","sectionType":"section","heading":"Delegations by chief executive officer","content":"### sec.63 Delegations by chief executive officer\n\nThe chief executive officer may delegate the chief executive officer’s functions under an Act to any appropriately qualified person.\nA delegation of a function may permit the subdelegation of the function.\nIf the function is performed under another Act, the power to delegate or subdelegate is subject to the other Act.\n(sec.63-ssec.1) The chief executive officer may delegate the chief executive officer’s functions under an Act to any appropriately qualified person.\n(sec.63-ssec.2) A delegation of a function may permit the subdelegation of the function.\n(sec.63-ssec.3) If the function is performed under another Act, the power to delegate or subdelegate is subject to the other Act.","sortOrder":87},{"sectionNumber":"pt.9-div.2","sectionType":"division","heading":"Employees","content":"## Employees","sortOrder":88},{"sectionNumber":"sec.64","sectionType":"section","heading":"Employees","content":"### sec.64 Employees\n\nThe authority’s employees are to be employed under either of the following, as stated in the employee’s instrument of appointment—\nthe Public Sector Act 2022 ; or\nsection 65 .\ns 64 amd 2022 No. 34 s 365 sch 3\n- (a) the Public Sector Act 2022 ; or\n- (b) section 65 .","sortOrder":89},{"sectionNumber":"sec.65","sectionType":"section","heading":"Chief executive officer may employ employees","content":"### sec.65 Chief executive officer may employ employees\n\nThe chief executive officer may employ employees the chief executive officer considers necessary to perform the authority’s functions.\nSubject to any relevant industrial instrument, the chief executive officer may decide the employment conditions of employees employed under this section.\nEmployees employed under this section are employed under this Act and not the Public Sector Act 2022 .\nSee the Public Sector Act 2022 , section 12\nBefore employing a person under this section, the chief executive officer must consult with the Public Sector Commissioner under the Public Sector Act 2022 .\nIn this section—\nemployment conditions includes conditions about the length of the employment and ending the employment.\ns 65 amd 2022 No. 34 s 365 sch 3\n(sec.65-ssec.1) The chief executive officer may employ employees the chief executive officer considers necessary to perform the authority’s functions.\n(sec.65-ssec.2) Subject to any relevant industrial instrument, the chief executive officer may decide the employment conditions of employees employed under this section.\n(sec.65-ssec.3) Employees employed under this section are employed under this Act and not the Public Sector Act 2022 . See the Public Sector Act 2022 , section 12\n(sec.65-ssec.4) Before employing a person under this section, the chief executive officer must consult with the Public Sector Commissioner under the Public Sector Act 2022 .\n(sec.65-ssec.5) In this section— employment conditions includes conditions about the length of the employment and ending the employment.","sortOrder":90},{"sectionNumber":"sec.66","sectionType":"section","heading":"Preservation of rights of particular public service officers","content":"### sec.66 Preservation of rights of particular public service officers\n\nThis section applies if—\na person is employed under section 65 ; and\nthe person was a public service officer immediately before being employed under section 65 .\nThe person keeps all rights and entitlements accrued or accruing to the person as a public service officer as if service as an employee under section 65 were a continuation of service as a public service officer.\nlong service, recreation and sick leave\n(sec.66-ssec.1) This section applies if— a person is employed under section 65 ; and the person was a public service officer immediately before being employed under section 65 .\n(sec.66-ssec.2) The person keeps all rights and entitlements accrued or accruing to the person as a public service officer as if service as an employee under section 65 were a continuation of service as a public service officer. long service, recreation and sick leave\n- (a) a person is employed under section 65 ; and\n- (b) the person was a public service officer immediately before being employed under section 65 .","sortOrder":91},{"sectionNumber":"sec.67","sectionType":"section","heading":"Tenure as public service officer on ending of particular employment contracts","content":"### sec.67 Tenure as public service officer on ending of particular employment contracts\n\nThis section applies if—\na person is employed on contract under section 65 ; and\nthe contract—\nis terminated other than by disciplinary action; or\nexpires and is not renewed or replaced by another contract of employment under section 65 ; and\nimmediately before the person was first employed under the contract, the person was employed as a public service officer.\nThe person becomes a public service officer employed on the same terms and conditions that applied to the person before being employed on a contract under section 65 .\nWithout limiting subsection (2) , the person is to be employed—\nat the classification level at which the person would have been employed if the person had continued in employment as a public service officer; and\non the remuneration to which the person would have been entitled if the person had continued in employment as a public service officer.\n(sec.67-ssec.1) This section applies if— a person is employed on contract under section 65 ; and the contract— is terminated other than by disciplinary action; or expires and is not renewed or replaced by another contract of employment under section 65 ; and immediately before the person was first employed under the contract, the person was employed as a public service officer.\n(sec.67-ssec.2) The person becomes a public service officer employed on the same terms and conditions that applied to the person before being employed on a contract under section 65 .\n(sec.67-ssec.3) Without limiting subsection (2) , the person is to be employed— at the classification level at which the person would have been employed if the person had continued in employment as a public service officer; and on the remuneration to which the person would have been entitled if the person had continued in employment as a public service officer.\n- (a) a person is employed on contract under section 65 ; and\n- (b) the contract— (i) is terminated other than by disciplinary action; or (ii) expires and is not renewed or replaced by another contract of employment under section 65 ; and\n- (i) is terminated other than by disciplinary action; or\n- (ii) expires and is not renewed or replaced by another contract of employment under section 65 ; and\n- (c) immediately before the person was first employed under the contract, the person was employed as a public service officer.\n- (i) is terminated other than by disciplinary action; or\n- (ii) expires and is not renewed or replaced by another contract of employment under section 65 ; and\n- (a) at the classification level at which the person would have been employed if the person had continued in employment as a public service officer; and\n- (b) on the remuneration to which the person would have been entitled if the person had continued in employment as a public service officer.","sortOrder":92},{"sectionNumber":"pt.10","sectionType":"part","heading":"Miscellaneous provisions","content":"# Miscellaneous provisions","sortOrder":93},{"sectionNumber":"sec.68","sectionType":"section","heading":"Request for information from prospective appointees","content":"### sec.68 Request for information from prospective appointees\n\nThis section applies if a person is being considered for appointment as an appointed member or the chief executive officer.\nThe Minister may ask the person to give the Minister a written statement stating—\nwhether or not the person is a disqualified person; and\nwhether or not the person, or any close relative of the person, has an interest that, if the appointment is made, conflicts or may conflict with the proper performance of the person’s functions under the appointment.\nThe person must not give the Minister a statement under subsection (2) that the person knows is false or misleading in a material particular.\nMaximum penalty—100 penalty units.\nA complaint against a person for an offence against subsection (3) is sufficient if it states that the statement or the information was false or misleading to the person’s knowledge, without specifying whether it was false or whether it was misleading.\n(sec.68-ssec.1) This section applies if a person is being considered for appointment as an appointed member or the chief executive officer.\n(sec.68-ssec.2) The Minister may ask the person to give the Minister a written statement stating— whether or not the person is a disqualified person; and whether or not the person, or any close relative of the person, has an interest that, if the appointment is made, conflicts or may conflict with the proper performance of the person’s functions under the appointment.\n(sec.68-ssec.3) The person must not give the Minister a statement under subsection (2) that the person knows is false or misleading in a material particular. Maximum penalty—100 penalty units.\n(sec.68-ssec.4) A complaint against a person for an offence against subsection (3) is sufficient if it states that the statement or the information was false or misleading to the person’s knowledge, without specifying whether it was false or whether it was misleading.\n- (a) whether or not the person is a disqualified person; and\n- (b) whether or not the person, or any close relative of the person, has an interest that, if the appointment is made, conflicts or may conflict with the proper performance of the person’s functions under the appointment.","sortOrder":94},{"sectionNumber":"sec.69","sectionType":"section","heading":"Disclosure of disqualification by appointees","content":"### sec.69 Disclosure of disqualification by appointees\n\nIf an appointed member or the chief executive officer is or becomes a disqualified person, that person must, as soon as practicable, give the Minister notice of that fact.\nMaximum penalty—100 penalty units.","sortOrder":95},{"sectionNumber":"sec.70","sectionType":"section","heading":"Disclosure of conflicts of interest by appointees","content":"### sec.70 Disclosure of conflicts of interest by appointees\n\nThis section applies if—\na member, or a close relative of a member, has an interest that conflicts or may conflict with the proper performance of the member’s functions; or\nthe chief executive officer, or a close relative of the chief executive officer, has an interest that conflicts or may conflict with the proper performance of the chief executive officer’s functions.\nThe member or chief executive officer must, as soon as practicable, disclose the interest to—\nif the matter is being considered or about to be considered by the board—the board; or\notherwise—the Minister.\nMaximum penalty—100 penalty units.\nIf a member has disclosed an interest relating to a matter being considered or about to be considered by the board, the member must not participate in the board’s consideration of the matter.\nMaximum penalty—100 penalty units.\n(sec.70-ssec.1) This section applies if— a member, or a close relative of a member, has an interest that conflicts or may conflict with the proper performance of the member’s functions; or the chief executive officer, or a close relative of the chief executive officer, has an interest that conflicts or may conflict with the proper performance of the chief executive officer’s functions.\n(sec.70-ssec.2) The member or chief executive officer must, as soon as practicable, disclose the interest to— if the matter is being considered or about to be considered by the board—the board; or otherwise—the Minister. Maximum penalty—100 penalty units.\n(sec.70-ssec.3) If a member has disclosed an interest relating to a matter being considered or about to be considered by the board, the member must not participate in the board’s consideration of the matter. Maximum penalty—100 penalty units.\n- (a) a member, or a close relative of a member, has an interest that conflicts or may conflict with the proper performance of the member’s functions; or\n- (b) the chief executive officer, or a close relative of the chief executive officer, has an interest that conflicts or may conflict with the proper performance of the chief executive officer’s functions.\n- (a) if the matter is being considered or about to be considered by the board—the board; or\n- (b) otherwise—the Minister.","sortOrder":96},{"sectionNumber":"sec.71","sectionType":"section","heading":"Review of Gold Coast Waterways Authority’s operations","content":"### sec.71 Review of Gold Coast Waterways Authority’s operations\n\nAs soon as practicable after the end of each 3 years of the authority’s operation, the Minister must review the operation of the authority (each a three-yearly review ).\nThe first three-yearly review must be undertaken as soon as practicable after the day that is 3 years after the commencement of this section.\nEach three-yearly review must include a review of—\nthe way, and the extent to which, the authority has performed its functions; and\nwhether the functions of the authority remain appropriate for giving effect to the purposes of this Act.\n(sec.71-ssec.1) As soon as practicable after the end of each 3 years of the authority’s operation, the Minister must review the operation of the authority (each a three-yearly review ).\n(sec.71-ssec.2) The first three-yearly review must be undertaken as soon as practicable after the day that is 3 years after the commencement of this section.\n(sec.71-ssec.3) Each three-yearly review must include a review of— the way, and the extent to which, the authority has performed its functions; and whether the functions of the authority remain appropriate for giving effect to the purposes of this Act.\n- (a) the way, and the extent to which, the authority has performed its functions; and\n- (b) whether the functions of the authority remain appropriate for giving effect to the purposes of this Act.","sortOrder":97},{"sectionNumber":"sec.72","sectionType":"section","heading":"Regulation-making power","content":"### sec.72 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.","sortOrder":98},{"sectionNumber":"pt.11","sectionType":"part","heading":"Repeals","content":"# Repeals","sortOrder":99},{"sectionNumber":"sec.73","sectionType":"section","heading":"Repeals","content":"### sec.73 Repeals\n\nThe following Acts are repealed—\nAustralian Shipping Commission Authorization Act 1977 , No. 57\nBrisbane River Tidal Lands Improvement Act 1927 , 18 Geo 5 No. 20.\n- • Australian Shipping Commission Authorization Act 1977 , No. 57\n- • Brisbane River Tidal Lands Improvement Act 1927 , 18 Geo 5 No. 20.","sortOrder":100},{"sectionNumber":"pt.12","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":101},{"sectionNumber":"sec.74","sectionType":"section","heading":"Definition for pt 12","content":"### sec.74 Definition for pt 12\n\nIn this part—\ncommencement means the commencement of this section.","sortOrder":102},{"sectionNumber":"sec.75","sectionType":"section","heading":"Waterways management strategy","content":"### sec.75 Waterways management strategy\n\nThe authority is not required to develop a waterways management strategy under section 16(1) until 1 December 2013.\nThe Minister may not direct the authority under section 16(3) to prepare a new waterways management strategy until after 30 November 2013.\n(sec.75-ssec.1) The authority is not required to develop a waterways management strategy under section 16(1) until 1 December 2013.\n(sec.75-ssec.2) The Minister may not direct the authority under section 16(3) to prepare a new waterways management strategy until after 30 November 2013.","sortOrder":103},{"sectionNumber":"sec.76","sectionType":"section","heading":"Waterways management program","content":"### sec.76 Waterways management program\n\nSection 19 does not apply for the financial year that starts on 1 July 2012 and ends on 30 June 2013.\nTo the extent that a waterways management plan relates to a period occurring before 1 December 2013, the program need not include the matters required under section 19(2)(a) or (c).\n(sec.76-ssec.1) Section 19 does not apply for the financial year that starts on 1 July 2012 and ends on 30 June 2013.\n(sec.76-ssec.2) To the extent that a waterways management plan relates to a period occurring before 1 December 2013, the program need not include the matters required under section 19(2)(a) or (c).","sortOrder":104},{"sectionNumber":"sec.77","sectionType":"section","heading":"Marina owner levy","content":"### sec.77 Marina owner levy\n\nSection 42 does not apply to the owner of a marina in relation to an annual levy for the 2012 calendar year if, before the commencement, the owner paid the levy to the chief executive under the Transport Infrastructure (Gold Coast Waterways) Management Plan 2000 , section 23 .\nSubsection (3) applies if—\nbefore the commencement, the chief executive gave the owner of a marina a written notice of an annual levy under the Transport Infrastructure (Gold Coast Waterways) Management Plan 2000 , section 23 (2) ; and\non the commencement, the levy has not been paid to the chief executive.\nOn the commencement—\nthe notice is taken to have been given to the marina owner by the authority under section 42(2); and\nthe annual levy the subject of the notice is taken to be an annual levy payable to the authority under section 42.\nAn annual levy mentioned in subsection (3)(b) stops being payable to the authority if the levy is paid to the chief executive.\nIn this section—\nchief executive means the chief executive of the department in which the Transport Infrastructure Act 1994 is administered.\nmarina see section 42(4).\nowner see section 42(4).\n(sec.77-ssec.1) Section 42 does not apply to the owner of a marina in relation to an annual levy for the 2012 calendar year if, before the commencement, the owner paid the levy to the chief executive under the Transport Infrastructure (Gold Coast Waterways) Management Plan 2000 , section 23 .\n(sec.77-ssec.2) Subsection (3) applies if— before the commencement, the chief executive gave the owner of a marina a written notice of an annual levy under the Transport Infrastructure (Gold Coast Waterways) Management Plan 2000 , section 23 (2) ; and on the commencement, the levy has not been paid to the chief executive.\n(sec.77-ssec.3) On the commencement— the notice is taken to have been given to the marina owner by the authority under section 42(2); and the annual levy the subject of the notice is taken to be an annual levy payable to the authority under section 42.\n(sec.77-ssec.4) An annual levy mentioned in subsection (3)(b) stops being payable to the authority if the levy is paid to the chief executive.\n(sec.77-ssec.5) In this section— chief executive means the chief executive of the department in which the Transport Infrastructure Act 1994 is administered. marina see section 42(4). owner see section 42(4).\n- (a) before the commencement, the chief executive gave the owner of a marina a written notice of an annual levy under the Transport Infrastructure (Gold Coast Waterways) Management Plan 2000 , section 23 (2) ; and\n- (b) on the commencement, the levy has not been paid to the chief executive.\n- (a) the notice is taken to have been given to the marina owner by the authority under section 42(2); and\n- (b) the annual levy the subject of the notice is taken to be an annual levy payable to the authority under section 42.","sortOrder":105},{"sectionNumber":"sec.78","sectionType":"section","heading":"Transfer of particular State assets and liabilities to Gold Coast Waterways Authority","content":"### sec.78 Transfer of particular State assets and liabilities to Gold Coast Waterways Authority\n\nThe Minister may prepare a register of the assets and liabilities of the State that are to be transferred to the authority for the purposes of this Act.\nThe register has no effect unless it is approved under a regulation.\nWhen the register takes effect—\nthe State is divested of the assets and liabilities and they become assets and liabilities of the authority; and\nproceedings by or against the State, or that could have been started by or against the State before the register takes effect, relating to the assets or liabilities may be continued or started by or against the authority.\nThis section does not limit or otherwise affect sections 78(2)(b) or 80(2)(b).\n(sec.78-ssec.1) The Minister may prepare a register of the assets and liabilities of the State that are to be transferred to the authority for the purposes of this Act.\n(sec.78-ssec.2) The register has no effect unless it is approved under a regulation.\n(sec.78-ssec.3) When the register takes effect— the State is divested of the assets and liabilities and they become assets and liabilities of the authority; and proceedings by or against the State, or that could have been started by or against the State before the register takes effect, relating to the assets or liabilities may be continued or started by or against the authority.\n(sec.78-ssec.4) This section does not limit or otherwise affect sections 78(2)(b) or 80(2)(b).\n- (a) the State is divested of the assets and liabilities and they become assets and liabilities of the authority; and\n- (b) proceedings by or against the State, or that could have been started by or against the State before the register takes effect, relating to the assets or liabilities may be continued or started by or against the authority.","sortOrder":106},{"sectionNumber":"sec.79","sectionType":"section","heading":"Registration of transferred assets","content":"### sec.79 Registration of transferred assets\n\nThe registrar of titles or another person responsible for keeping a register for dealings about relevant assets must, on written application by the authority, and on payment of any fee, record a transfer of an asset that, under section 78(3)(a), becomes an asset of the authority.\nIn this section—\nregistrar of titles means a public official or authority responsible for registering title to land and dealings affecting land.\n(sec.79-ssec.1) The registrar of titles or another person responsible for keeping a register for dealings about relevant assets must, on written application by the authority, and on payment of any fee, record a transfer of an asset that, under section 78(3)(a), becomes an asset of the authority.\n(sec.79-ssec.2) In this section— registrar of titles means a public official or authority responsible for registering title to land and dealings affecting land.","sortOrder":107},{"sectionNumber":"sec.80","sectionType":"section","heading":"Novation of particular State contracts to Gold Coast Waterways Authority","content":"### sec.80 Novation of particular State contracts to Gold Coast Waterways Authority\n\nThis section applies to a contract prescribed under a regulation—\nin force immediately before the commencement; and\nto which the State is a party; and\nthat relates to the performance of a function by or for the State that will, from the commencement, be a function of the authority; and\nthat is not a contract of employment.\nOn the commencement, the following apply despite any provision of the contract—\nthe authority is taken to be a party to the contract instead of the State;\nthe authority assumes the State’s liabilities and rights under the contract;\na reference in the contract to the State is taken to be a reference to the authority;\nchanges to the contract that are necessary for, or incidental to, the matters in paragraphs (a) to (c) are taken to have been made.\nSubsection (2), or any thing done under it, does not—\ndischarge or otherwise affect the contract or the performance of the contract by another party to it; or\nfulfil a condition allowing a person to terminate the contract or be released, wholly or partly, from the contract or a liability under it.\nIf the advice or consent of, or giving notice to, a person would be necessary to give effect to any matter under subsection (2)—\nthe advice is taken to have been obtained; and\nthe consent or notice is taken to have been given.\nTo remove any doubt, it is declared that—\na State is a party to a contract entered into by an entity that is a manifestation of, or that represents, the State (a State entity ), either for the State or in the entity’s own right; and\nthe department responsible for the administration of the Transport Infrastructure Act 1994 , the Transport Operations (Marine Safety) Act 1994 and the Transport Operations (Marine Pollution) Act 1995\nMaritime Safety Queensland established under the Maritime Safety Queensland Act 2002\na reference in a contract to the performance of a function by or for the State includes a reference to performance of that function by or for a State entity; and\na liability that, under a contract, is expressed to be a liability of a State entity is a liability of the State under that contract; and\na right that, under a contract, is expressed to be a right of a State entity is a right of the State under that contract; and\na reference in a contract to a named State entity is a reference to the State.\nFor subsection (1)(c), a contract relating to the performance of a function by or for the State includes a contract under which a guarantee, indemnity or other form of surety is given for the performance of the function by or for the State.\nIn this section—\ncontract includes a deed or other instrument under which a guarantee, indemnity or other form of surety is given in favour of the State, whether or not for consideration.\n(sec.80-ssec.1) This section applies to a contract prescribed under a regulation— in force immediately before the commencement; and to which the State is a party; and that relates to the performance of a function by or for the State that will, from the commencement, be a function of the authority; and that is not a contract of employment.\n(sec.80-ssec.2) On the commencement, the following apply despite any provision of the contract— the authority is taken to be a party to the contract instead of the State; the authority assumes the State’s liabilities and rights under the contract; a reference in the contract to the State is taken to be a reference to the authority; changes to the contract that are necessary for, or incidental to, the matters in paragraphs (a) to (c) are taken to have been made.\n(sec.80-ssec.3) Subsection (2), or any thing done under it, does not— discharge or otherwise affect the contract or the performance of the contract by another party to it; or fulfil a condition allowing a person to terminate the contract or be released, wholly or partly, from the contract or a liability under it.\n(sec.80-ssec.4) If the advice or consent of, or giving notice to, a person would be necessary to give effect to any matter under subsection (2)— the advice is taken to have been obtained; and the consent or notice is taken to have been given.\n(sec.80-ssec.5) To remove any doubt, it is declared that— a State is a party to a contract entered into by an entity that is a manifestation of, or that represents, the State (a State entity ), either for the State or in the entity’s own right; and the department responsible for the administration of the Transport Infrastructure Act 1994 , the Transport Operations (Marine Safety) Act 1994 and the Transport Operations (Marine Pollution) Act 1995 Maritime Safety Queensland established under the Maritime Safety Queensland Act 2002 a reference in a contract to the performance of a function by or for the State includes a reference to performance of that function by or for a State entity; and a liability that, under a contract, is expressed to be a liability of a State entity is a liability of the State under that contract; and a right that, under a contract, is expressed to be a right of a State entity is a right of the State under that contract; and a reference in a contract to a named State entity is a reference to the State.\n(sec.80-ssec.6) For subsection (1)(c), a contract relating to the performance of a function by or for the State includes a contract under which a guarantee, indemnity or other form of surety is given for the performance of the function by or for the State.\n(sec.80-ssec.7) In this section— contract includes a deed or other instrument under which a guarantee, indemnity or other form of surety is given in favour of the State, whether or not for consideration.\n- (a) in force immediately before the commencement; and\n- (b) to which the State is a party; and\n- (c) that relates to the performance of a function by or for the State that will, from the commencement, be a function of the authority; and\n- (d) that is not a contract of employment.\n- (a) the authority is taken to be a party to the contract instead of the State;\n- (b) the authority assumes the State’s liabilities and rights under the contract;\n- (c) a reference in the contract to the State is taken to be a reference to the authority;\n- (d) changes to the contract that are necessary for, or incidental to, the matters in paragraphs (a) to (c) are taken to have been made.\n- (a) discharge or otherwise affect the contract or the performance of the contract by another party to it; or\n- (b) fulfil a condition allowing a person to terminate the contract or be released, wholly or partly, from the contract or a liability under it.\n- (a) the advice is taken to have been obtained; and\n- (b) the consent or notice is taken to have been given.\n- (a) a State is a party to a contract entered into by an entity that is a manifestation of, or that represents, the State (a State entity ), either for the State or in the entity’s own right; and Examples of manifestations of the State— • the department responsible for the administration of the Transport Infrastructure Act 1994 , the Transport Operations (Marine Safety) Act 1994 and the Transport Operations (Marine Pollution) Act 1995 • Maritime Safety Queensland established under the Maritime Safety Queensland Act 2002\n- • the department responsible for the administration of the Transport Infrastructure Act 1994 , the Transport Operations (Marine Safety) Act 1994 and the Transport Operations (Marine Pollution) Act 1995\n- • Maritime Safety Queensland established under the Maritime Safety Queensland Act 2002\n- (b) a reference in a contract to the performance of a function by or for the State includes a reference to performance of that function by or for a State entity; and\n- (c) a liability that, under a contract, is expressed to be a liability of a State entity is a liability of the State under that contract; and\n- (d) a right that, under a contract, is expressed to be a right of a State entity is a right of the State under that contract; and\n- (e) a reference in a contract to a named State entity is a reference to the State.\n- • the department responsible for the administration of the Transport Infrastructure Act 1994 , the Transport Operations (Marine Safety) Act 1994 and the Transport Operations (Marine Pollution) Act 1995\n- • Maritime Safety Queensland established under the Maritime Safety Queensland Act 2002","sortOrder":108}],"analysis":{"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":1820},"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original 2012 scope. Initially focused purely on waterway management (navigation, marine facilities, dredging), the Act was amended in 2020 to include responsibility for land-based community infrastructure and public realm works in The Spit master plan area (Part 4A). This added urban development and land-based project delivery to the Authority's functions, effectively making it a land-use planning and infrastructure delivery body for a specific geographic precinct in addition to its marine management role."},"complexity_factors":["Cross-references to approximately 10 other Acts (including Transport Infrastructure Act, Marine Safety Act, Financial Accountability Act, and Personal Property Securities Act)","Nested conditional logic in Part 5, Division 3 regarding dealing with abandoned and contravening property (distinguishing between perishable/non-perishable, sufficient/insufficient value, and 28-day notice periods)","Dual ministerial oversight structure introduced by 2020 amendments (distinguishing between the standard Minister and the 'Spit Development Minister' for different functions)","Multi-layered delegation chains with specific prohibitions (Authority cannot delegate Part 4 or 4A functions; CEO has separate delegation powers)","Complex transitional provisions in Part 12 dealing with contract novation (section 80) and asset transfers from the State to the Authority","Incorporation of external review procedures by reference to the Transport Planning and Coordination Act and QCAT Act"],"plain_english_summary":"This Act creates the **Gold Coast Waterways Authority** (GCWA) — a government body that manages the canals, rivers, and coastal waters of the Gold Coast.\n\n**What it does:**\n- **Manages waterways**: Plans for sustainable use, maintains navigation channels (dredging), manages public jetties and boat ramps, and regulates boat traffic through \"waterways notices\" (rules posted online or on signs).\n- **Handles property**: Can move or sell abandoned boats and equipment found in the water, and can relocate vessels breaking the rules.\n- **Charges fees**: Imposes annual levies on marina owners to help pay for public facilities.\n- **The Spit development**: Since 2020, the Authority also plans and delivers community infrastructure (parks, paths, public spaces) for \"The Spit\" area under the Spit Master Plan.\n\n**Governance:**\n- Controlled by a **Board** that includes the Gold Coast Mayor, a Chairperson, and up to 8 appointed experts.\n- Run day-to-day by a **Chief Executive Officer** and staff.\n- Must follow directions from the Minister and table its plans and reports in Parliament.\n\n**Who it affects:**\n- Boat owners, marina operators, tourism businesses, and recreational users of Gold Coast waters.\n- Property owners and developers in The Spit master plan area.\n\n**Key point:** The Act tries to keep \"red tape\" to a minimum while ensuring safe, sustainable waterways. It works alongside (but doesn't replace) Maritime Safety Queensland and other agencies."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act’s scope has expanded since its original enactment. Amendments introduced a formal Spit works program regime (Pt 4A, s.20A–20B) creating a new, separate approval and direction track via a designated Spit Development Minister and tying the authority explicitly to delivery of community infrastructure and public realm works in the Spit master plan area (s.3, s.10). Other later amendments clarified employment arrangements for staff and the CEO (appointable under the Act rather than under the Public Sector Act) and added additional ministerial reporting and information powers (s.37, s.60, amendments noted 2020 and 2022). These changes move the authority beyond purely waterways navigation and marine facility management into an explicit role in implementing a defined urban development project (the Spit), increasing the authority’s operational remit, commercial and project delivery responsibilities, and ministerial oversight."},"complexity_factors":["Multiple cross‑references to other Acts (Transport Infrastructure Act 1994; Transport Operations (Marine Safety) Act 1994; Transport Operations (Marine Pollution) Act 1995; Public Sector Act 2022; QCAT Act; Transport Planning and Coordination Act 1994) increasing coordination complexity (s.4, s.10, s.21, s.34–35).","Separate but overlapping ministerial roles: general Minister and a distinct Spit Development Minister with approval/direction powers for Spit works (s.20A, s.20B, s.36).","Binding Ministerial directions that can require amendments to strategy/program and prohibit asset acquisition (s.16, s.19, s.36), creating conditional hierarchy between strategy and programs (s.20).","Delegation rules with an express limit (authority cannot delegate functions under Part 4 or 4A) (s.14), while other functions are delegable and subdelegable (s.14, s.63).","Statutory mix of governance and public sector employment regimes: members and CEO appointed by Governor in Council; employees may be employed under Public Sector Act or under s.65; transitional staff protections and return‑to‑public‑service rules add complexity (Pt 8–9, s.64–67).","Enforcement architecture with new local instruments (waterways notices) plus penalties and separate processes for interference with notices (s.22–26).","Asset/register/novation and transfer provisions with regulatory triggers and legal effects on existing contracts (s.78–80), which require detailed procedural steps and can create contingent liabilities.","Administrative review scheme that imports and cross‑references procedures from other statutes and tribunals (s.34–35).","Defined term reliance (schedule 2 and various in‑text definitions like 'Gold Coast waters', 'contravening property', 'abandoned property'), and special transitional rules (Pt 12).","Added Spit works program part (Pt 4A) and associated reporting and approval mechanics (s.20A–20B) increased the Act’s scope and conditionality."],"plain_english_summary":"**What this law does (mechanics first)\n\n- Establishes the Gold Coast Waterways Authority (the authority) as a corporate entity to manage the State’s interests in the Gold Coast waters and waterways (s.8–9, s.7).  The authority represents the State and may sue or be sued in its name (s.9).  \n\n- Gives the authority a clear central function: to deliver the Act’s purposes (management, navigational access, public marine facilities, sustainable use and — since later amendment — deliver community and public realm works in the Spit master plan area) and to do so mainly by preparing and delivering a 10-year waterways management strategy and a rolling waterways management program (s.3, s.10, s.15–19, Pt 4A (Spit works)).\n\n- Confers broad operational powers to achieve those functions: acquire/ dispose of property, enter commercial arrangements and joint ventures, engage consultants, dredge and clear navigation hazards, move or remove abandoned or contravening vessels/property, set up and maintain navigation aids, set speed limits, approve buoy moorings and consent aquatic events (s.11–12, s.10 examples).  \n\n- Creates an enforceable, lower‑level tool called a ``waterways notice'' that the authority can display or publish to control movement, mooring and other activity in Gold Coast waters; breaching a waterways notice attracts fines (up to 100 penalty units for vessel movement/mooring contraventions) (s.22–25).  \n\n- Provides processes for dealing with abandoned or contravening property: find, notify, move, store, sell and apply sale proceeds in an ordered priority; recover reasonable dealing expenses as a debt (s.27–32A, s.31).  \n\n- Establishes governance and staffing arrangements: a Board controls the authority (includes a chair, the Gold Coast mayor and 5–8 appointed members), Governor‑in‑Council appoints members and the CEO; the CEO manages day‑to‑day operations and may employ staff under either the Public Sector Act or directly under the Act depending on instrument (Pt 8–9).  \n\n- Gives the Minister (and a designated Spit Development Minister for Spit works) powers to direct the authority, obtain information, require quarterly and annual reporting and to approve or require changes to the strategy, programs, or approved Spit works program (s.16, s.19, s.20A, s.36–39).  Ministerial directions are binding (s.36).\n\n- Financial rules: the authority is a statutory body for financial legislation purposes; certain receipts (sale of abandoned property, marina levy, some fees/proceeds) must be paid into the consolidated fund (s.40–41).  The Act authorises an annual marina owner levy (amount prescribed by regulation) (s.42).\n\n- Transitional and transfer powers: the Minister can prepare a register of State assets/liabilities to transfer to the authority (subject to regulation), and the Act provides for novation of prescribed State contracts to the authority on commencement (s.78–80).\n\nWhy it matters (official rationale, then practical effects and trade‑offs)\n\n- Official purpose: the Act says its main aim is to deliver \"the best possible management of the Gold Coast waterways at reasonable cost while keeping regulation to a minimum\" and to facilitate sustainable long‑term development and implementation of the Spit master plan (s.3).  \n\n- Who decides: operational control is vested in the Authority’s Board and CEO but subject to the Minister’s directions (s.43–44, s.60, s.36). The Spit Development Minister exercises approval and direction powers for Spit works (s.20A, s.20B, s.36). Appointments (members, CEO) are made by Governor in Council on Ministerial recommendation (s.45, s.60).  \n\n- Who pays: marina owners must pay an annual levy (s.42). Users who breach waterways notices may pay fines (s.25). The authority can recover expenses from owners of abandoned property and may sell unclaimed property with proceeds applied to expenses and then owner or consolidated fund (s.30–32A, s.31). Many receipts are required to be paid into the consolidated fund (s.41). The State will also carry potential transferred liabilities and fund any gaps (asset/liability transfer and financial accountability provisions, s.78–80, s.40–41).  \n\n- Behaviour changes the law produces: marina operators face a recurring financial obligation (levy); boat owners and water users are subject to rapidly enforceable local notices and heavier penalties for mooring/movement breaches; property owners risk removal/sale of abandoned or contravening vessels; the authority can undertake dredging and related works which may change where and how vessel operators navigate (s.12, s.22–31).  \n\nCosts, incentives, trade‑offs and implementation risks\n\n- Centralisation vs local input: the authority centralises waterways management but the Minister has strong direction powers (including asset acquisition prohibitions), which concentrates executive control (s.36). The Act requires consultation with Gold Coast City Council and public consultation steps for strategy/programs (s.16, s.19, s.20A), but Ministerial directions can override consistency (s.20).  \n\n- Compliance burden and predictable costs: marina owners face a regulated annual levy (amount set by regulation) (s.42). Vessel operators face potentially large fines for some contraventions (s.25). These are concentrated, predictable cost points for particular economic actors (marina owners, commercial and recreational skippers).  \n\n- Financial flows and incentives: receipts must go to the consolidated fund (s.41), limiting the authority’s direct retention of revenue and potentially requiring appropriations for projects. The authority may enter commercial arrangements and joint ventures (s.11), which can attract private capital but require careful procurement and oversight.  \n\n- Operational discretion and legal cross‑overs: many of the authority’s powers interact with other statutes (Transport Infrastructure, Marine Safety, Marine Pollution Acts) and with harbour master/general manager powers; the Act expressly preserves those other statutory functions (s.4, s.21). This avoids legal gaps but increases coordination risk and operational complexity.  \n\n- Implementation risks: dredging and disposal powers raise environmental and permitting requirements and the Act exempts the authority from royalties for extracted material only if disposal and environmental controls comply and Minister approves (s.12). Transferring assets and novating contracts (s.78–80) can create contingent liabilities and require careful legal housekeeping.  \n\n- Accountability and review: the Minister must table strategies and any inconsistent directions in the Assembly (s.18, s.20). The authority must report quarterly and annually and is subject to three‑yearly operational reviews (s.18, s.38–39, s.71). Internal review and external review routes (QCAT) exist for administrative decisions (s.34–35), so affected individuals have redress but review processes are cross‑referenced to other Acts and tribunals (complexity and timing implications).\n\nNet practical picture (declarative): the law creates a State‑representative statutory authority with operational powers to plan, regulate by notice, build and maintain marine infrastructure, control navigation and deal with abandoned vessels on Gold Coast waters. The authority has commercial powers but many activities are subject to Ministerial direction and financial rules that return receipts to the consolidated fund. The Act imposes direct obligations and costs on marina owners and water users (levies, compliance with notices, potential seizure/sale of property) and expands the State’s capacity to manage the Spit master plan through a formal works program (Pt 4A)."},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The original Act (2012) focused exclusively on managing Gold Coast waterways — navigation, marine facilities, sustainable use and long-term planning. A 2020 amendment (No. 6 of 2020) materially expanded the scope to include management and delivery of community infrastructure and public realm works at The Spit under a government master plan. This added new planning obligations (Spit works programs), a new approval process involving a separate 'Spit Development Minister', new board member eligibility criteria (project management and urban design expertise), and new reporting requirements — functions quite distinct from the original waterways management focus."},"complexity_factors":["Multiple interlocking pieces of legislation referenced (at least 8 other Queensland Acts must be read alongside this one)","Dual ministerial oversight — different Ministers responsible for waterways functions versus the Spit master plan functions, creating potential for confusion","Amendment in 2020 added an entirely new layer of functions (Spit works programs) with separate approval processes and a separate Minister","Detailed governance structure covering board composition, quorum, conflict of interest, delegation and subdelegation chains","Geographic scope requires reading schedules defining specific water boundaries (e.g. near Currumbin Creek, Tallebudgera Creek, Gold Coast Seaway)","Property rights regime for abandoned/contravening watercraft interacts with Commonwealth Personal Property Securities Act 2009","Review pathway involves both internal review and external QCAT review, with cross-referencing to Transport Planning and Coordination Act procedures","Financial provisions subject to both Financial Accountability Act 2009 and Statutory Bodies Financial Arrangements Act 1982"],"plain_english_summary":"The Gold Coast Waterways Authority Act 2012 creates the Gold Coast Waterways Authority to plan, manage and maintain Gold Coast canals, rivers, coastal waters and marine facilities. It affects boaters (must follow waterways notices), marina owners (annual levy), marine operators, developers and the Gold Coast City Council, and now includes managing The Spit. The Authority develops a 10‑year strategy, delivers projects (dredging, ramps, navigation safety), can remove abandoned vessels, and is subject to ministerial directions and review with penalties for breaches."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/gold-coast-waterways-authority-act-2012","history":"/api/acts/gold-coast-waterways-authority-act-2012/history","analysis":"/api/acts/gold-coast-waterways-authority-act-2012/analysis","conflicts":"/api/acts/gold-coast-waterways-authority-act-2012/conflicts","importantCases":"/api/acts/gold-coast-waterways-authority-act-2012/important-cases","documents":"/api/acts/gold-coast-waterways-authority-act-2012/documents"}}