{"id":"qld:act-2026-011","name":"Sunshine Coast Waterways Authority Act 2026","slug":"sunshine-coast-waterways-authority-act-2026","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"11 of 2026","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":500127,"registerId":"qld-qld:act-2026-011-current","compilationNumber":null,"startDate":"2026-07-02","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 Sunshine Coast Waterways Authority Act 2026 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Main purpose of Act","content":"### sec.3 Main purpose of Act\n\nThe main purpose of this Act is to establish the Sunshine Coast Waterways Authority to strategically plan for and facilitate the sustainable use, management and development of the Sunshine Coast waterways.","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 Brisbane Olympic and Paralympic Games Arrangements Act 2021 ;\nthe Economic Development Act 2012 ;\nthe Fisheries Act 1994 ;\nthe Marine Parks Act 2004 ;\nthe Maritime Safety Queensland Act 2002 ;\nthe Nature Conservation Act 1992 ;\nthe Recreation Areas Management Act 2006 ;\nthe State Development and Public Works Organisation Act 1971 ;\nthe Transport Infrastructure Act 1994 ;\nthe Transport Operations (Marine Pollution) Act 1995 ;\nthe Transport Operations (Marine Safety) Act 1994 .\nAlso, this Act does not affect the functions or obligations of a local government under the following Acts—\nthe Coastal Protection and Management Act 1995 ;\nthe Local Government Act 2009 ;\nthe Planning Act 2016 .\n(sec.4-ssec.1) This Act does not affect the operation of the following Acts— the Brisbane Olympic and Paralympic Games Arrangements Act 2021 ; the Economic Development Act 2012 ; the Fisheries Act 1994 ; the Marine Parks Act 2004 ; the Maritime Safety Queensland Act 2002 ; the Nature Conservation Act 1992 ; the Recreation Areas Management Act 2006 ; the State Development and Public Works Organisation Act 1971 ; the Transport Infrastructure Act 1994 ; the Transport Operations (Marine Pollution) Act 1995 ; the Transport Operations (Marine Safety) Act 1994 .\n(sec.4-ssec.2) Also, this Act does not affect the functions or obligations of a local government under the following Acts— the Coastal Protection and Management Act 1995 ; the Local Government Act 2009 ; the Planning Act 2016 .\n- (a) the Brisbane Olympic and Paralympic Games Arrangements Act 2021 ;\n- (b) the Economic Development Act 2012 ;\n- (c) the Fisheries Act 1994 ;\n- (d) the Marine Parks Act 2004 ;\n- (e) the Maritime Safety Queensland Act 2002 ;\n- (f) the Nature Conservation Act 1992 ;\n- (g) the Recreation Areas Management Act 2006 ;\n- (h) the State Development and Public Works Organisation Act 1971 ;\n- (i) the Transport Infrastructure Act 1994 ;\n- (j) the Transport Operations (Marine Pollution) Act 1995 ;\n- (k) the Transport Operations (Marine Safety) Act 1994 .\n- (a) the Coastal Protection and Management Act 1995 ;\n- (b) the Local Government Act 2009 ;\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.\nHowever, the State can not be prosecuted for an offence against this Act.\n(sec.5-ssec.1) This Act binds all persons, including the State.\n(sec.5-ssec.2) However, the State can not be prosecuted for an offence against this Act.","sortOrder":5},{"sectionNumber":"sec.6","sectionType":"section","heading":"Definitions","content":"### sec.6 Definitions\n\nThe dictionary in schedule 1 defines particular words used in this Act.","sortOrder":6},{"sectionNumber":"sec.7","sectionType":"section","heading":"Meaning of Sunshine Coast waterways","content":"### sec.7 Meaning of Sunshine Coast waterways\n\nThe Sunshine Coast waterways are all of the following waterways below the high water mark—\nCastaways Creek;\nLake Cooroibah;\nLake Cootharaba;\nCornmeal Creek;\nCurrimundi Creek;\nLake Doonella;\nKeyser Channel;\nthe Maroochy River;\nthe Mooloolah River;\nthe Noosa River, and adjoining waterways, to the extent the waterways are within the local government area of the Noosa Shire Council;\nPumicestone Channel (commonly known as Pumicestone Passage), and adjoining waterways, north of a line from latitude 27º06' south on the mainland shore to South Point on Bribie Island;\nStumer Creek;\nTooway Creek;\nLake Weyba;\nWeyba Creek;\nwaterways adjoining the waterways stated in paragraphs (a) to (i) and (l) to (o) .\n- (a) Castaways Creek;\n- (b) Lake Cooroibah;\n- (c) Lake Cootharaba;\n- (d) Cornmeal Creek;\n- (e) Currimundi Creek;\n- (f) Lake Doonella;\n- (g) Keyser Channel;\n- (h) the Maroochy River;\n- (i) the Mooloolah River;\n- (j) the Noosa River, and adjoining waterways, to the extent the waterways are within the local government area of the Noosa Shire Council;\n- (k) Pumicestone Channel (commonly known as Pumicestone Passage), and adjoining waterways, north of a line from latitude 27º06' south on the mainland shore to South Point on Bribie Island;\n- (l) Stumer Creek;\n- (m) Tooway Creek;\n- (n) Lake Weyba;\n- (o) Weyba Creek;\n- (p) waterways adjoining the waterways stated in paragraphs (a) to (i) and (l) to (o) .","sortOrder":7},{"sectionNumber":"pt.2","sectionType":"part","heading":"Sunshine Coast Waterways Authority","content":"# Sunshine Coast Waterways Authority","sortOrder":8},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Establishment","content":"## Establishment","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"Establishment","content":"### sec.8 Establishment\n\nThe Sunshine Coast Waterways Authority is established.","sortOrder":10},{"sectionNumber":"sec.9","sectionType":"section","heading":"Legal status","content":"### sec.9 Legal status\n\nThe authority—\nis a body corporate; and\nhas perpetual succession; and\nhas a seal; and\nmay sue and be sued in its corporate name.\n- (a) is a body corporate; and\n- (b) has perpetual succession; and\n- (c) has a seal; and\n- (d) may sue and be sued in its corporate name.","sortOrder":11},{"sectionNumber":"sec.10","sectionType":"section","heading":"Authority represents the State","content":"### sec.10 Authority represents the State\n\nThe authority represents the State.\nWithout limiting subsection (1) , the authority has the status, privileges and immunity of the State.\n(sec.10-ssec.1) The authority represents the State.\n(sec.10-ssec.2) Without limiting subsection (1) , the authority has the status, privileges and immunity of the State.","sortOrder":12},{"sectionNumber":"sec.11","sectionType":"section","heading":"Application of other Acts","content":"### sec.11 Application of other 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 ; and\nThe Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way that Act affects the authority’s powers.\na unit of public administration under the Crime and Corruption Act 2001 .\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 ; and Note— The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way that Act affects the authority’s powers.\n- (c) a unit of public administration under the Crime and Corruption Act 2001 .","sortOrder":13},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Functions and powers","content":"## Functions and powers","sortOrder":14},{"sectionNumber":"sec.12","sectionType":"section","heading":"Functions","content":"### sec.12 Functions\n\nThe authority has the following functions—\nto plan strategically for the management of the Sunshine Coast waterways by developing—\na waterways management strategy; and\na waterways management program;\nto install, manage and maintain infrastructure for the Sunshine Coast waterways;\nto manage navigational access to, and within, the Sunshine Coast waterways;\nto monitor and manage the movement of sand or sediment—\nin the Sunshine Coast waterways; and\nin coastal waters, or on land, adjacent to the Sunshine Coast waterways for managing the Sunshine Coast waterways;\nto perform any other function given to it under this Act or another Act.\n- (a) to plan strategically for the management of the Sunshine Coast waterways by developing— (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) to install, manage and maintain infrastructure for the Sunshine Coast waterways;\n- (c) to manage navigational access to, and within, the Sunshine Coast waterways;\n- (d) to monitor and manage the movement of sand or sediment— (i) in the Sunshine Coast waterways; and (ii) in coastal waters, or on land, adjacent to the Sunshine Coast waterways for managing the Sunshine Coast waterways;\n- (i) in the Sunshine Coast waterways; and\n- (ii) in coastal waters, or on land, adjacent to the Sunshine Coast waterways for managing the Sunshine Coast waterways;\n- (e) to perform any other function given to it under this Act or another Act.\n- (i) a waterways management strategy; and\n- (ii) a waterways management program;\n- (i) in the Sunshine Coast waterways; and\n- (ii) in coastal waters, or on land, adjacent to the Sunshine Coast waterways for managing the Sunshine Coast waterways;","sortOrder":15},{"sectionNumber":"sec.13","sectionType":"section","heading":"Powers","content":"### sec.13 Powers\n\nThe authority has the powers of an individual and may, for example—\nacquire, hold, dispose of or deal with property; or\nappoint agents and attorneys; or\nengage consultants; or\nenter into contracts, joint ventures and commercial arrangements; or\ndo anything else necessary or convenient to be done in the performance its functions.\nAlso, the authority has the powers given to it under this Act or another Act.\n(sec.13-ssec.1) The authority has the powers of an individual and may, for example— acquire, hold, dispose of or deal with property; or appoint agents and attorneys; or engage consultants; or enter into contracts, joint ventures and commercial arrangements; or do anything else necessary or convenient to be done in the performance its functions.\n(sec.13-ssec.2) Also, the authority has the powers given to it under this Act or another Act.\n- (a) acquire, hold, dispose of or deal with property; or\n- (b) appoint agents and attorneys; or\n- (c) engage consultants; or\n- (d) enter into contracts, joint ventures and commercial arrangements; or\n- (e) do anything else necessary or convenient to be done in the performance its functions.","sortOrder":16},{"sectionNumber":"pt.3","sectionType":"part","heading":"Waterways management strategy and waterways management program","content":"# Waterways management strategy and waterways management program","sortOrder":17},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Waterways management strategy","content":"## Waterways management strategy","sortOrder":18},{"sectionNumber":"sec.14","sectionType":"section","heading":"Meaning of waterways management strategy","content":"### sec.14 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 Sunshine Coast waterways.\nThe purposes of a waterways management strategy are to—\nestablish a clear direction for the sustainable use, management and development of the Sunshine Coast waterways for a 10-year period; and\nidentify the needs and priorities for the sustainable use, management and development of the Sunshine Coast waterways into the future, having regard to the benefits for and impacts on—\nthe local community; and\nthe local environment; and\nlocal marine industries, tourism and economy.\n(sec.14-ssec.1) A waterways management strategy is a 10-year management strategy about the long-term sustainable use, management and development of the Sunshine Coast waterways.\n(sec.14-ssec.2) The purposes of a waterways management strategy are to— establish a clear direction for the sustainable use, management and development of the Sunshine Coast waterways for a 10-year period; and identify the needs and priorities for the sustainable use, management and development of the Sunshine Coast waterways into the future, having regard to the benefits for and impacts on— the local community; and the local environment; and local marine industries, tourism and economy.\n- (a) establish a clear direction for the sustainable use, management and development of the Sunshine Coast waterways for a 10-year period; and\n- (b) identify the needs and priorities for the sustainable use, management and development of the Sunshine Coast waterways into the future, having regard to the benefits for and impacts on— (i) the local community; and (ii) the local environment; and (iii) local marine industries, tourism and economy.\n- (i) the local community; and\n- (ii) the local environment; and\n- (iii) local marine industries, tourism and economy.\n- (i) the local community; and\n- (ii) the local environment; and\n- (iii) local marine industries, tourism and economy.","sortOrder":19},{"sectionNumber":"sec.15","sectionType":"section","heading":"Development","content":"### sec.15 Development\n\nThe authority must, from time to time, develop a waterways management strategy for the Minister’s approval.\nIn developing a waterways management strategy, the authority must—\nhave regard to the purpose of this Act; and\nhave regard to agreements or arrangements about navigational access to, marine infrastructure for, and management of, the Sunshine Coast waterways between—\nthe State and the Moreton Bay City Council; or\nthe State and the Noosa Shire Council; or\nthe State and the Sunshine Coast Regional Council; and\ntake reasonable steps to engage in public consultation; and\nconsult with—\nMaritime Safety Queensland; and\nthe Moreton Bay City Council; and\nthe Noosa Shire Council; and\nthe Sunshine Coast Regional Council.\nIn relation to a waterways management strategy submitted for approval, the Minister may—\napprove the strategy; or\ndirect the authority to amend the strategy.\n(sec.15-ssec.1) The authority must, from time to time, develop a waterways management strategy for the Minister’s approval.\n(sec.15-ssec.2) In developing a waterways management strategy, the authority must— have regard to the purpose of this Act; and have regard to agreements or arrangements about navigational access to, marine infrastructure for, and management of, the Sunshine Coast waterways between— the State and the Moreton Bay City Council; or the State and the Noosa Shire Council; or the State and the Sunshine Coast Regional Council; and take reasonable steps to engage in public consultation; and consult with— Maritime Safety Queensland; and the Moreton Bay City Council; and the Noosa Shire Council; and the Sunshine Coast Regional Council.\n(sec.15-ssec.3) In relation to a waterways management strategy submitted for approval, the Minister may— approve the strategy; or direct the authority to amend the strategy.\n- (a) have regard to the purpose of this Act; and\n- (b) have regard to agreements or arrangements about navigational access to, marine infrastructure for, and management of, the Sunshine Coast waterways between— (i) the State and the Moreton Bay City Council; or (ii) the State and the Noosa Shire Council; or (iii) the State and the Sunshine Coast Regional Council; and\n- (i) the State and the Moreton Bay City Council; or\n- (ii) the State and the Noosa Shire Council; or\n- (iii) the State and the Sunshine Coast Regional Council; and\n- (c) take reasonable steps to engage in public consultation; and\n- (d) consult with— (i) Maritime Safety Queensland; and (ii) the Moreton Bay City Council; and (iii) the Noosa Shire Council; and (iv) the Sunshine Coast Regional Council.\n- (i) Maritime Safety Queensland; and\n- (ii) the Moreton Bay City Council; and\n- (iii) the Noosa Shire Council; and\n- (iv) the Sunshine Coast Regional Council.\n- (i) the State and the Moreton Bay City Council; or\n- (ii) the State and the Noosa Shire Council; or\n- (iii) the State and the Sunshine Coast Regional Council; and\n- (i) Maritime Safety Queensland; and\n- (ii) the Moreton Bay City Council; and\n- (iii) the Noosa Shire Council; and\n- (iv) the Sunshine Coast Regional Council.\n- (a) approve the strategy; or\n- (b) direct the authority to amend the strategy.","sortOrder":20},{"sectionNumber":"sec.16","sectionType":"section","heading":"Content","content":"### sec.16 Content\n\nA waterways management strategy must include the following—\na statement of specific objectives sought to be achieved in relation to the Sunshine Coast waterways;\nany proposals for achieving the objectives;\nthe investment criteria for deciding priorities for the proposals to achieve the objectives;\noptions for financing the delivery of the priorities mentioned in paragraph (c) ;\nappropriate performance indicators for deciding whether, and to what extent, the objectives of the strategy have been achieved.\n- (a) a statement of specific objectives sought to be achieved in relation to the Sunshine Coast waterways;\n- (b) any proposals for achieving the objectives;\n- (c) the investment criteria for deciding priorities for the proposals to achieve the objectives;\n- (d) options for financing the delivery of the priorities mentioned in paragraph (c) ;\n- (e) appropriate performance indicators for deciding whether, and to what extent, the objectives of the strategy have been achieved.","sortOrder":21},{"sectionNumber":"sec.17","sectionType":"section","heading":"Tabling","content":"### sec.17 Tabling\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.17-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.17-ssec.2) In this section— waterways management strategy includes an amendment of a waterways management strategy.","sortOrder":22},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Waterways management program","content":"## Waterways management program","sortOrder":23},{"sectionNumber":"sec.18","sectionType":"section","heading":"Development of waterways management program","content":"### sec.18 Development of waterways management program\n\nBefore the start of each financial year, the authority must develop for the Minister’s approval a Sunshine Coast waterways management program for the financial year and the following 3 financial years (a waterways management program ).\nA waterways management program is a program for implementing the waterways management strategy for the financial year and the following 3 financial years.\nA waterways management program must include each of the following for the period to which the program relates—\ndetails of projects and activities to be undertaken to implement the waterways management strategy;\ndetails of steps to be undertaken to consult with the public and relevant stakeholders;\nthe policies and financial measures for implementing the waterways management strategy;\nthe performance targets to be achieved;\nany other matters as directed by the Minister.\n(sec.18-ssec.1) Before the start of each financial year, the authority must develop for the Minister’s approval a Sunshine Coast waterways management program for the financial year and the following 3 financial years (a waterways management program ).\n(sec.18-ssec.2) A waterways management program is a program for implementing the waterways management strategy for the financial year and the following 3 financial years.\n(sec.18-ssec.3) A waterways management program must include each of the following for the period to which the program relates— details of projects and activities to be undertaken to implement the waterways management strategy; details of steps to be undertaken to consult with the public and relevant stakeholders; the policies and financial measures for implementing the waterways management strategy; the performance targets to be achieved; any other matters as directed by the Minister.\n- (a) details of projects and activities to be undertaken to implement the waterways management strategy;\n- (b) details of steps to be undertaken to consult with the public and relevant stakeholders;\n- (c) the policies and financial measures for implementing the waterways management strategy;\n- (d) the performance targets to be achieved;\n- (e) any other matters as directed by the Minister.","sortOrder":24},{"sectionNumber":"sec.19","sectionType":"section","heading":"Consultation","content":"### sec.19 Consultation\n\nIn developing a waterways management program, the authority must take reasonable steps to—\nengage in public consultation; and\nconsult with—\nMaritime Safety Queensland; and\nthe Moreton Bay City Council; and\nthe Noosa Shire Council; and\nthe Sunshine Coast Regional Council.\n- (a) engage in public consultation; and\n- (b) consult with— (i) Maritime Safety Queensland; and (ii) the Moreton Bay City Council; and (iii) the Noosa Shire Council; and (iv) the Sunshine Coast Regional Council.\n- (i) Maritime Safety Queensland; and\n- (ii) the Moreton Bay City Council; and\n- (iii) the Noosa Shire Council; and\n- (iv) the Sunshine Coast Regional Council.\n- (i) Maritime Safety Queensland; and\n- (ii) the Moreton Bay City Council; and\n- (iii) the Noosa Shire Council; and\n- (iv) the Sunshine Coast Regional Council.","sortOrder":25},{"sectionNumber":"sec.20","sectionType":"section","heading":"Approval","content":"### sec.20 Approval\n\nThe authority must submit a draft waterways management program to the Minister before the start of each financial year.\nThe Minister may—\napprove the program; or\ndirect the authority to amend the program.\nIf the Minister approves the program, the authority must publish the program on the authority’s website.\nIf the Minister gives a direction to amend the program, the authority must comply with the direction.\n(sec.20-ssec.1) The authority must submit a draft waterways management program to the Minister before the start of each financial year.\n(sec.20-ssec.2) The Minister may— approve the program; or direct the authority to amend the program.\n(sec.20-ssec.3) If the Minister approves the program, the authority must publish the program on the authority’s website.\n(sec.20-ssec.4) If the Minister gives a direction to amend the program, the authority must comply with the direction.\n- (a) approve the program; or\n- (b) direct the authority to amend the program.","sortOrder":26},{"sectionNumber":"sec.21","sectionType":"section","heading":"Consistency with waterways management strategy","content":"### sec.21 Consistency with waterways management strategy\n\nSubject to a direction of the Minister, a waterways management program must be consistent with the waterways management strategy for the period to which the program relates.\nIf the Minister gives a direction under section 20 (2) (b) that results in a waterways management program being inconsistent with the waterways management strategy for the period to which the program relates, the Minister must table a copy of the direction in the Legislative Assembly within 5 sitting days after the direction is given.\n(sec.21-ssec.1) Subject to a direction of the Minister, a waterways management program must be consistent with the waterways management strategy for the period to which the program relates.\n(sec.21-ssec.2) If the Minister gives a direction under section 20 (2) (b) that results in a waterways management program being inconsistent with the waterways management strategy for the period to which the program relates, the Minister must table a copy of the direction in the Legislative Assembly within 5 sitting days after the direction is given.","sortOrder":27},{"sectionNumber":"pt.4","sectionType":"part","heading":"Sunshine Coast Waterways Authority Board","content":"# Sunshine Coast Waterways Authority Board","sortOrder":28},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Establishment, functions and powers","content":"## Establishment, functions and powers","sortOrder":29},{"sectionNumber":"sec.22","sectionType":"section","heading":"Establishment","content":"### sec.22 Establishment\n\nThe Sunshine Coast Waterways Authority Board (the board ) is established as the governing body of the authority.","sortOrder":30},{"sectionNumber":"sec.23","sectionType":"section","heading":"Functions","content":"### sec.23 Functions\n\nThe functions of the board are—\nto ensure the authority performs its functions in a proper, effective and efficient manner; and\nany other function given to the board under this Act or another Act.\n- (a) to ensure the authority performs its functions in a proper, effective and efficient manner; and\n- (b) any other function given to the board under this Act or another Act.","sortOrder":31},{"sectionNumber":"sec.24","sectionType":"section","heading":"Powers","content":"### sec.24 Powers\n\nThe board has the powers to do anything necessary or convenient for the performance of its functions.\nAnything done in the name of, or for, the authority by the board is taken to have been done by the authority.\n(sec.24-ssec.1) The board has the powers to do anything necessary or convenient for the performance of its functions.\n(sec.24-ssec.2) Anything done in the name of, or for, the authority by the board is taken to have been done by the authority.","sortOrder":32},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Composition","content":"## Composition","sortOrder":33},{"sectionNumber":"sec.25","sectionType":"section","heading":"Composition","content":"### sec.25 Composition\n\nThe board consists of a chairperson and 6 other persons.\nA person mentioned in subsection (1) is an appointed member .\nAn appointed member must be appointed by the Governor in Council on the recommendation of the Minister.\n(sec.25-ssec.1) The board consists of a chairperson and 6 other persons.\n(sec.25-ssec.2) A person mentioned in subsection (1) is an appointed member .\n(sec.25-ssec.3) An appointed member must be appointed by the Governor in Council on the recommendation of the Minister.","sortOrder":34},{"sectionNumber":"sec.26","sectionType":"section","heading":"Prospective appointees","content":"### sec.26 Prospective appointees\n\nThis section applies if a person is being considered for appointment as an appointed member.\nThe Minister may ask the person to give the Minister a written statement stating—\nwhether the person is disqualified from becoming an appointed member under section 33 ; 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.\n(sec.26-ssec.1) This section applies if a person is being considered for appointment as an appointed member.\n(sec.26-ssec.2) The Minister may ask the person to give the Minister a written statement stating— whether the person is disqualified from becoming an appointed member under section 33 ; 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.26-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- (a) whether the person is disqualified from becoming an appointed member under section 33 ; 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":35},{"sectionNumber":"sec.27","sectionType":"section","heading":"Appointed members","content":"### sec.27 Appointed members\n\nThe Minister may recommend a person to be an appointed member if the Minister is satisfied that—\nthe person is not disqualified from becoming an appointed member under section 33 ; and\nthe person is appropriately qualified in 1 or more of the following areas—\naccounting;\ncorporate governance;\nfinance;\nmanagement of entities delivering public services;\ncommercial and marketing development;\nmaritime business;\nenvironmental management;\nmarine science;\nmarine, coastal or waterways planning;\nmarine, coastal, waterways or infrastructure engineering;\nthe representation of the interests of stakeholders in the Sunshine Coast waterways including, for example, native title holders, industry, recreational waterway users, tourism operators and interested groups;\nanother area the Minister considers relevant to achieving the purpose of this Act.\n- (a) the person is not disqualified from becoming an appointed member under section 33 ; and\n- (b) the person is appropriately qualified in 1 or more of the following areas— (i) accounting; (ii) corporate governance; (iii) finance; (iv) management of entities delivering public services; (v) commercial and marketing development; (vi) maritime business; (vii) environmental management; (viii) marine science; (ix) marine, coastal or waterways planning; (x) marine, coastal, waterways or infrastructure engineering; (xi) the representation of the interests of stakeholders in the Sunshine Coast waterways including, for example, native title holders, industry, recreational waterway users, tourism operators and interested groups; (xii) another area the Minister considers relevant to achieving the purpose of this Act.\n- (i) accounting;\n- (ii) corporate governance;\n- (iii) finance;\n- (iv) management of entities delivering public services;\n- (v) commercial and marketing development;\n- (vi) maritime business;\n- (vii) environmental management;\n- (viii) marine science;\n- (ix) marine, coastal or waterways planning;\n- (x) marine, coastal, waterways or infrastructure engineering;\n- (xi) the representation of the interests of stakeholders in the Sunshine Coast waterways including, for example, native title holders, industry, recreational waterway users, tourism operators and interested groups;\n- (xii) another area the Minister considers relevant to achieving the purpose of this Act.\n- (i) accounting;\n- (ii) corporate governance;\n- (iii) finance;\n- (iv) management of entities delivering public services;\n- (v) commercial and marketing development;\n- (vi) maritime business;\n- (vii) environmental management;\n- (viii) marine science;\n- (ix) marine, coastal or waterways planning;\n- (x) marine, coastal, waterways or infrastructure engineering;\n- (xi) the representation of the interests of stakeholders in the Sunshine Coast waterways including, for example, native title holders, industry, recreational waterway users, tourism operators and interested groups;\n- (xii) another area the Minister considers relevant to achieving the purpose of this Act.","sortOrder":36},{"sectionNumber":"sec.28","sectionType":"section","heading":"Term of appointment","content":"### sec.28 Term of appointment\n\nAn appointed member holds office for the term stated in the member’s instrument of appointment.\nThe stated term must not be longer than 4 years.\nAn appointed member may be reappointed.\nHowever, the total of the appointed member’s terms may not be longer than 8 years.\n(sec.28-ssec.1) An appointed member holds office for the term stated in the member’s instrument of appointment.\n(sec.28-ssec.2) The stated term must not be longer than 4 years.\n(sec.28-ssec.3) An appointed member may be reappointed.\n(sec.28-ssec.4) However, the total of the appointed member’s terms may not be longer than 8 years.","sortOrder":37},{"sectionNumber":"sec.29","sectionType":"section","heading":"Conditions of appointment","content":"### sec.29 Conditions of appointment\n\nAn appointed member is to be paid the remuneration and allowances decided by the Governor in Council.\nAn appointed member holds office on the terms and conditions, not provided for by this Act, decided by the Governor in Council.\n(sec.29-ssec.1) An appointed member is to be paid the remuneration and allowances decided by the Governor in Council.\n(sec.29-ssec.2) An appointed member holds office on the terms and conditions, not provided for by this Act, decided by the Governor in Council.","sortOrder":38},{"sectionNumber":"sec.30","sectionType":"section","heading":"Appointed members to disclose particular matters","content":"### sec.30 Appointed members to disclose particular matters\n\nThis section applies to a person who—\nis an appointed member; and\nduring the term of the person’s appointment the person becomes disqualified under section 33 (1) , other than under section 33 (1) (d) .\nThe person must, unless the person has a reasonable excuse, immediately give written notice of the arrangement, appointment, employment, disqualification, insolvency or election to the Minister.\nMaximum penalty—100 penalty units.\nSee section 62 for the requirement for a person who is an appointed member to give notice of a change in the person’s criminal history.\n(sec.30-ssec.1) This section applies to a person who— is an appointed member; and during the term of the person’s appointment the person becomes disqualified under section 33 (1) , other than under section 33 (1) (d) .\n(sec.30-ssec.2) The person must, unless the person has a reasonable excuse, immediately give written notice of the arrangement, appointment, employment, disqualification, insolvency or election to the Minister. Maximum penalty—100 penalty units. See section 62 for the requirement for a person who is an appointed member to give notice of a change in the person’s criminal history.\n- (a) is an appointed member; and\n- (b) during the term of the person’s appointment the person becomes disqualified under section 33 (1) , other than under section 33 (1) (d) .","sortOrder":39},{"sectionNumber":"sec.31","sectionType":"section","heading":"Suspension from office","content":"### sec.31 Suspension from office\n\nThis section applies if—\na matter has arisen in relation to an appointed member; and\nthe Minister considers it is necessary in the public interest for the appointed member to be suspended from office pending further consideration of the matter.\nThe Minister may, by written notice given to the appointed member, suspend the appointed member for a period not exceeding 60 days.\nIf the Minister considers it is necessary in the circumstances, the Minister may, by written notice given to the appointed member, extend the suspension from time to time by periods not exceeding 60 days.\nThe Minister must advise the appointed member by written notice if the Minister ends the member’s suspension.\n(sec.31-ssec.1) This section applies if— a matter has arisen in relation to an appointed member; and the Minister considers it is necessary in the public interest for the appointed member to be suspended from office pending further consideration of the matter.\n(sec.31-ssec.2) The Minister may, by written notice given to the appointed member, suspend the appointed member for a period not exceeding 60 days.\n(sec.31-ssec.3) If the Minister considers it is necessary in the circumstances, the Minister may, by written notice given to the appointed member, extend the suspension from time to time by periods not exceeding 60 days.\n(sec.31-ssec.4) The Minister must advise the appointed member by written notice if the Minister ends the member’s suspension.\n- (a) a matter has arisen in relation to an appointed member; and\n- (b) the Minister considers it is necessary in the public interest for the appointed member to be suspended from office pending further consideration of the matter.","sortOrder":40},{"sectionNumber":"sec.32","sectionType":"section","heading":"Vacancy in office","content":"### sec.32 Vacancy in office\n\nThe office of an appointed member becomes vacant if the appointed member—\ncompletes a term of office and is not reappointed; or\nis disqualified from continuing as an appointed member under section 33 ; or\nresigns office by signed notice given to the Minister; or\nis removed from office as an appointed member.\n- (a) completes a term of office and is not reappointed; or\n- (b) is disqualified from continuing as an appointed member under section 33 ; or\n- (c) resigns office by signed notice given to the Minister; or\n- (d) is removed from office as an appointed member.","sortOrder":41},{"sectionNumber":"sec.33","sectionType":"section","heading":"Disqualification","content":"### sec.33 Disqualification\n\nA person is disqualified from becoming, or continuing in office as, an appointed member if the person—\nis a party to a contract with the authority relating to the Sunshine Coast waterways (a relevant contract ); or\nis a related entity of a body corporate, under the Corporations Act , that is a party to a relevant contract; or\nis an employee of a party to a relevant contract, unless the party is the Moreton Bay City Council, Noosa Shire Council or the Sunshine Coast Regional Council; or\nhas a conviction for an indictable offence, other than a spent conviction; or\nis disqualified from managing corporations under the Corporations Act , part 2D .6; or\nis, or has been, an insolvent under administration; or\nis a member of the Legislative Assembly or the parliament of the Commonwealth or another State.\nAlso, a person is disqualified from becoming, or continuing in office as, an appointed member if the person does not consent to the Minister requesting a report about the person’s criminal history under part 8 , division 1 .\n(sec.33-ssec.1) A person is disqualified from becoming, or continuing in office as, an appointed member if the person— is a party to a contract with the authority relating to the Sunshine Coast waterways (a relevant contract ); or is a related entity of a body corporate, under the Corporations Act , that is a party to a relevant contract; or is an employee of a party to a relevant contract, unless the party is the Moreton Bay City Council, Noosa Shire Council or the Sunshine Coast Regional Council; or has a conviction for an indictable offence, other than a spent conviction; or is disqualified from managing corporations under the Corporations Act , part 2D .6; or is, or has been, an insolvent under administration; or is a member of the Legislative Assembly or the parliament of the Commonwealth or another State.\n(sec.33-ssec.2) Also, a person is disqualified from becoming, or continuing in office as, an appointed member if the person does not consent to the Minister requesting a report about the person’s criminal history under part 8 , division 1 .\n- (a) is a party to a contract with the authority relating to the Sunshine Coast waterways (a relevant contract ); or\n- (b) is a related entity of a body corporate, under the Corporations Act , that is a party to a relevant contract; or\n- (c) is an employee of a party to a relevant contract, unless the party is the Moreton Bay City Council, Noosa Shire Council or the Sunshine Coast Regional Council; or\n- (d) has a conviction for an indictable offence, other than a spent conviction; or\n- (e) is disqualified from managing corporations under the Corporations Act , part 2D .6; or\n- (f) is, or has been, an insolvent under administration; or\n- (g) is a member of the Legislative Assembly or the parliament of the Commonwealth or another State.","sortOrder":42},{"sectionNumber":"pt.4-div.3","sectionType":"division","heading":"Board meetings","content":"## Board meetings","sortOrder":43},{"sectionNumber":"sec.34","sectionType":"section","heading":"Conduct of business","content":"### sec.34 Conduct of business\n\nSubject to this division, the board may conduct its business, including its meetings, in the way it considers appropriate.","sortOrder":44},{"sectionNumber":"sec.35","sectionType":"section","heading":"Meetings generally","content":"### sec.35 Meetings generally\n\nThe chairperson may convene a meeting of the board (a board meeting ) as the chairperson considers appropriate.\nHowever, the chairperson must call a board meeting—\nat least once in each quarter; and\nif asked, in writing, to do so by at least 2 appointed members.\nThe board may hold board meetings, or allow appointed members to take part in board meetings, by using any technology allowing reasonably contemporaneous and continuous communication between members taking part in the meeting.\nAn appointed member who takes part in a board meeting under subsection (3) is taken to be present at the meeting.\n(sec.35-ssec.1) The chairperson may convene a meeting of the board (a board meeting ) as the chairperson considers appropriate.\n(sec.35-ssec.2) However, the chairperson must call a board meeting— at least once in each quarter; and if asked, in writing, to do so by at least 2 appointed members.\n(sec.35-ssec.3) The board may hold board meetings, or allow appointed members to take part in board meetings, by using any technology allowing reasonably contemporaneous and continuous communication between members taking part in the meeting.\n(sec.35-ssec.4) An appointed member who takes part in a board meeting under subsection (3) is taken to be present at the meeting.\n- (a) at least once in each quarter; and\n- (b) if asked, in writing, to do so by at least 2 appointed members.","sortOrder":45},{"sectionNumber":"sec.36","sectionType":"section","heading":"Quorum","content":"### sec.36 Quorum\n\nA quorum for a board meeting is more than half of the appointed members of the board at the time the meeting is held.","sortOrder":46},{"sectionNumber":"sec.37","sectionType":"section","heading":"Presiding at meetings","content":"### sec.37 Presiding at meetings\n\nThe chairperson must preside at all board meetings at which the chairperson is present.\nIf the chairperson is absent from a board meeting, the following member must preside—\nthe appointed member chosen by the chairperson;\nif the chairperson has not chosen a person to preside in their absence—the appointed member chosen by the members present.\n(sec.37-ssec.1) The chairperson must preside at all board meetings at which the chairperson is present.\n(sec.37-ssec.2) If the chairperson is absent from a board meeting, the following member must preside— the appointed member chosen by the chairperson; if the chairperson has not chosen a person to preside in their absence—the appointed member chosen by the members present.\n- (a) the appointed member chosen by the chairperson;\n- (b) if the chairperson has not chosen a person to preside in their absence—the appointed member chosen by the members present.","sortOrder":47},{"sectionNumber":"sec.38","sectionType":"section","heading":"Disclosure of conflicts of interest","content":"### sec.38 Disclosure of conflicts of interest\n\nThis section applies if an appointed member, or a close relative of an appointed member, has an interest that conflicts or may conflict with the proper performance of the member’s functions.\nThe appointed member 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 an appointed 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.38-ssec.1) This section applies if an appointed member, or a close relative of an appointed member, has an interest that conflicts or may conflict with the proper performance of the member’s functions.\n(sec.38-ssec.2) The appointed member 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.38-ssec.3) If an appointed 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) if the matter is being considered or about to be considered by the board—the board; or\n- (b) otherwise—the Minister.","sortOrder":48},{"sectionNumber":"sec.39","sectionType":"section","heading":"Voting at meetings","content":"### sec.39 Voting at meetings\n\nA question at the meeting is decided by a majority of the votes of the appointed members present at the board meeting.\nIf the votes are equal, the appointed member presiding at the board meeting has a casting vote.\n(sec.39-ssec.1) A question at the meeting is decided by a majority of the votes of the appointed members present at the board meeting.\n(sec.39-ssec.2) If the votes are equal, the appointed member presiding at the board meeting has a casting vote.","sortOrder":49},{"sectionNumber":"sec.40","sectionType":"section","heading":"Decisions outside meetings","content":"### sec.40 Decisions outside meetings\n\nA decision of the board, other than a decision at a board meeting, may be made only with the written agreement of a majority of appointed members.","sortOrder":50},{"sectionNumber":"sec.41","sectionType":"section","heading":"Minutes","content":"### sec.41 Minutes\n\nThe board must keep—\nminutes of board meetings; and\nrecords of decisions made outside of meetings.\n- (a) minutes of board meetings; and\n- (b) records of decisions made outside of meetings.","sortOrder":51},{"sectionNumber":"pt.4-div.4","sectionType":"division","heading":"Committees","content":"## Committees","sortOrder":52},{"sectionNumber":"sec.42","sectionType":"section","heading":"Establishment of committees","content":"### sec.42 Establishment of committees\n\nThe board may establish 1 or more committees to assist in the performance of the board’s functions.\nThe members of a committee of the board are the appointed members decided by the board.\nSubject to the directions of the board, a committee of the board may conduct its proceedings, including its meetings, as it considers appropriate.\n(sec.42-ssec.1) The board may establish 1 or more committees to assist in the performance of the board’s functions.\n(sec.42-ssec.2) The members of a committee of the board are the appointed members decided by the board.\n(sec.42-ssec.3) Subject to the directions of the board, a committee of the board may conduct its proceedings, including its meetings, as it considers appropriate.","sortOrder":53},{"sectionNumber":"pt.5","sectionType":"part","heading":"Staff","content":"# Staff","sortOrder":54},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Chief executive officer","content":"## Chief executive officer","sortOrder":55},{"sectionNumber":"sec.43","sectionType":"section","heading":"Prospective chief executive officer","content":"### sec.43 Prospective chief executive officer\n\nThis section applies if a person is being considered for appointment to the office of chief executive officer.\nThe Minister may ask the person to give the Minister a written statement stating—\nwhether the person is disqualified from becoming the chief executive officer under section 51 ; and\nwhether or not the person, or a 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.\n(sec.43-ssec.1) This section applies if a person is being considered for appointment to the office of chief executive officer.\n(sec.43-ssec.2) The Minister may ask the person to give the Minister a written statement stating— whether the person is disqualified from becoming the chief executive officer under section 51 ; and whether or not the person, or a 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.43-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- (a) whether the person is disqualified from becoming the chief executive officer under section 51 ; and\n- (b) whether or not the person, or a 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":56},{"sectionNumber":"sec.44","sectionType":"section","heading":"Appointment","content":"### sec.44 Appointment\n\nThere must be a chief executive officer of the authority.\nThe chief executive officer is appointed by the Governor in Council on the recommendation of the Minister.\nThe Minister may recommend a person for appointment as the chief executive officer if—\nthe Minister is satisfied the person is not disqualified from becoming the chief executive officer under section 51 ; and\nthe Minister has consulted the board about the appointment of the person.\nThe chief executive officer is appointed under this Act and not under the Public Sector Act 2022 .\nThe chief executive officer is responsible for the day-to-day administration of the authority’s operations in accordance with the priorities set by the board.\nThe chief executive officer has the power to do all things necessary or convenient to be done for the performance of the chief executive officer’s functions.\nThe chief executive officer is accountable to the board.\n(sec.44-ssec.1) There must be a chief executive officer of the authority.\n(sec.44-ssec.2) The chief executive officer is appointed by the Governor in Council on the recommendation of the Minister.\n(sec.44-ssec.3) The Minister may recommend a person for appointment as the chief executive officer if— the Minister is satisfied the person is not disqualified from becoming the chief executive officer under section 51 ; and the Minister has consulted the board about the appointment of the person.\n(sec.44-ssec.4) The chief executive officer is appointed under this Act and not under the Public Sector Act 2022 .\n(sec.44-ssec.5) The chief executive officer is responsible for the day-to-day administration of the authority’s operations in accordance with the priorities set by the board.\n(sec.44-ssec.6) The chief executive officer has the power to do all things necessary or convenient to be done for the performance of the chief executive officer’s functions.\n(sec.44-ssec.7) The chief executive officer is accountable to the board.\n- (a) the Minister is satisfied the person is not disqualified from becoming the chief executive officer under section 51 ; and\n- (b) the Minister has consulted the board about the appointment of the person.","sortOrder":57},{"sectionNumber":"sec.45","sectionType":"section","heading":"Term of appointment","content":"### sec.45 Term of appointment\n\nThe chief executive officer is appointed for the term stated in the chief executive officer’s instrument of appointment.\nThe stated term must be not longer than 5 years.\nThe chief executive officer may be reappointed.\n(sec.45-ssec.1) The chief executive officer is appointed for the term stated in the chief executive officer’s instrument of appointment.\n(sec.45-ssec.2) The stated term must be not longer than 5 years.\n(sec.45-ssec.3) The chief executive officer may be reappointed.","sortOrder":58},{"sectionNumber":"sec.46","sectionType":"section","heading":"Conditions of appointment","content":"### sec.46 Conditions of appointment\n\nThe chief executive officer is to be paid the remuneration and allowances decided by the Governor in Council.\nFor matters not provided for under this Act or stated in the chief executive officer’s instrument of appointment, the chief executive officer holds office on the terms and conditions decided by the Governor in Council.\n(sec.46-ssec.1) The chief executive officer is to be paid the remuneration and allowances decided by the Governor in Council.\n(sec.46-ssec.2) For matters not provided for under this Act or stated in the chief executive officer’s instrument of appointment, the chief executive officer holds office on the terms and conditions decided by the Governor in Council.","sortOrder":59},{"sectionNumber":"sec.47","sectionType":"section","heading":"Preservation of rights","content":"### sec.47 Preservation of rights\n\nThis section applies if a person who is a public service officer is appointed as the chief executive officer.\nThe person keeps all rights accrued or accruing to the person as a public service officer as if service as the chief executive officer were a continuation of service as a public service officer.\nAt the end of the person’s term of office or resignation as the chief executive officer, the person’s service as the chief executive officer is taken to be service of a like nature in the public service for deciding the person’s rights as a public service officer.\n(sec.47-ssec.1) This section applies if a person who is a public service officer is appointed as the chief executive officer.\n(sec.47-ssec.2) The person keeps all rights accrued or accruing to the person as a public service officer as if service as the chief executive officer were a continuation of service as a public service officer.\n(sec.47-ssec.3) At the end of the person’s term of office or resignation as the chief executive officer, the person’s service as the chief executive officer is taken to be service of a like nature in the public service for deciding the person’s rights as a public service officer.","sortOrder":60},{"sectionNumber":"sec.48","sectionType":"section","heading":"Disclosure of conflicts of interest","content":"### sec.48 Disclosure of conflicts of interest\n\nThis section applies if 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.\nThe 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.\n(sec.48-ssec.1) This section applies if 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.48-ssec.2) The 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- (a) if the matter is being considered or about to be considered by the board—the board; or\n- (b) otherwise—the Minister.","sortOrder":61},{"sectionNumber":"sec.49","sectionType":"section","heading":"Disclosure of particular matters","content":"### sec.49 Disclosure of particular matters\n\nThis section applies to a person who—\nis the chief executive officer; and\nduring the term of the person’s appointment becomes disqualified under section 51 (1) , other than section 51 (1) (d) .\nThe person must, unless the person has a reasonable excuse, immediately give written notice of the arrangement, appointment, employment, disqualification, insolvency or election to the Minister.\nMaximum penalty—100 penalty units.\nSee section 62 for the requirement for a person who is the chief executive officer to give notice of a change in the person’s criminal history.\n(sec.49-ssec.1) This section applies to a person who— is the chief executive officer; and during the term of the person’s appointment becomes disqualified under section 51 (1) , other than section 51 (1) (d) .\n(sec.49-ssec.2) The person must, unless the person has a reasonable excuse, immediately give written notice of the arrangement, appointment, employment, disqualification, insolvency or election to the Minister. Maximum penalty—100 penalty units. See section 62 for the requirement for a person who is the chief executive officer to give notice of a change in the person’s criminal history.\n- (a) is the chief executive officer; and\n- (b) during the term of the person’s appointment becomes disqualified under section 51 (1) , other than section 51 (1) (d) .","sortOrder":62},{"sectionNumber":"sec.50","sectionType":"section","heading":"Vacancy in office","content":"### sec.50 Vacancy in office\n\nThe office of chief executive officer becomes vacant if the chief executive officer—\ncompletes a term of office and is not reappointed; or\nis disqualified from continuing in office under section 51 ; or\nresigns by signed notice under section 52 ; or\nis removed from office.\n- (a) completes a term of office and is not reappointed; or\n- (b) is disqualified from continuing in office under section 51 ; or\n- (c) resigns by signed notice under section 52 ; or\n- (d) is removed from office.","sortOrder":63},{"sectionNumber":"sec.51","sectionType":"section","heading":"Disqualification","content":"### sec.51 Disqualification\n\nA person is disqualified from becoming, or continuing in office as, the chief executive officer if the person—\nis a party to a contract with the authority relating to the Sunshine Coast waterways (a relevant contract ); or\nis a related entity of a body corporate, under the Corporations Act , that is a party to a relevant contract; or\nis an employee of a party to a relevant contract, unless the party is the Moreton Bay City Council, the Noosa Shire Council or the Sunshine Coast Regional Council; or\nhas a conviction for an indictable offence, other than a spent conviction; or\nis disqualified from managing corporations under the Corporations Act , part 2D .6; or\nis, or has been, an insolvent under administration; or\nis a councillor of a local government; or\nis a member of the Legislative Assembly or the parliament of the Commonwealth or another State.\nAlso, a person is disqualified from becoming, or continuing in office as, the chief executive officer if the person does not consent to the Minister requesting a report about the person’s criminal history under part 8 , division 1 .\n(sec.51-ssec.1) A person is disqualified from becoming, or continuing in office as, the chief executive officer if the person— is a party to a contract with the authority relating to the Sunshine Coast waterways (a relevant contract ); or is a related entity of a body corporate, under the Corporations Act , that is a party to a relevant contract; or is an employee of a party to a relevant contract, unless the party is the Moreton Bay City Council, the Noosa Shire Council or the Sunshine Coast Regional Council; or has a conviction for an indictable offence, other than a spent conviction; or is disqualified from managing corporations under the Corporations Act , part 2D .6; or is, or has been, an insolvent under administration; or is a councillor of a local government; or is a member of the Legislative Assembly or the parliament of the Commonwealth or another State.\n(sec.51-ssec.2) Also, a person is disqualified from becoming, or continuing in office as, the chief executive officer if the person does not consent to the Minister requesting a report about the person’s criminal history under part 8 , division 1 .\n- (a) is a party to a contract with the authority relating to the Sunshine Coast waterways (a relevant contract ); or\n- (b) is a related entity of a body corporate, under the Corporations Act , that is a party to a relevant contract; or\n- (c) is an employee of a party to a relevant contract, unless the party is the Moreton Bay City Council, the Noosa Shire Council or the Sunshine Coast Regional Council; or\n- (d) has a conviction for an indictable offence, other than a spent conviction; or\n- (e) is disqualified from managing corporations under the Corporations Act , part 2D .6; or\n- (f) is, or has been, an insolvent under administration; or\n- (g) is a councillor of a local government; or\n- (h) is a member of the Legislative Assembly or the parliament of the Commonwealth or another State.","sortOrder":64},{"sectionNumber":"sec.52","sectionType":"section","heading":"Resignation","content":"### sec.52 Resignation\n\nThe chief executive officer may resign the chief executive officer’s office by signed notice given to the board.\nThe resignation takes effect—\non the day the notice is given; or\nif a later day is stated in the notice— on the later day.\nIf the chief executive officer resigns office under subsection (1) , the board must immediately give the Minister written notice of the resignation.\n(sec.52-ssec.1) The chief executive officer may resign the chief executive officer’s office by signed notice given to the board.\n(sec.52-ssec.2) The resignation takes effect— on the day the notice is given; or if a later day is stated in the notice— on the later day.\n(sec.52-ssec.3) If the chief executive officer resigns office under subsection (1) , the board must immediately give the Minister written notice of the resignation.\n- (a) on the day the notice is given; or\n- (b) if a later day is stated in the notice— on the later day.","sortOrder":65},{"sectionNumber":"sec.53","sectionType":"section","heading":"Acting chief executive officer","content":"### sec.53 Acting chief executive officer\n\nThe Minister may, by signed notice, appoint a person to act in the office of the chief executive officer if—\nthere is a vacancy in the office of the chief executive officer; or\nthe chief executive officer is absent from duty or, for another reason, can not perform the duties of the office.\nHowever, the Minister may appoint a person to act in the office of the chief executive officer only if—\nthe person is not disqualified from becoming the chief executive officer under section 51 ; and\nthe Minister has consulted the board about the appointment of the person.\nThis section does not limit or otherwise affect the application of the Acts Interpretation Act 1954 , section 24B or 25 for the appointment.\n(sec.53-ssec.1) The Minister may, by signed notice, appoint a person to act in the office of the chief executive officer if— there is a vacancy in the office of the chief executive officer; or the chief executive officer is absent from duty or, for another reason, can not perform the duties of the office.\n(sec.53-ssec.2) However, the Minister may appoint a person to act in the office of the chief executive officer only if— the person is not disqualified from becoming the chief executive officer under section 51 ; and the Minister has consulted the board about the appointment of the person.\n(sec.53-ssec.3) This section does not limit or otherwise affect the application of the Acts Interpretation Act 1954 , section 24B or 25 for the appointment.\n- (a) there is a vacancy in the office of the chief executive officer; or\n- (b) the chief executive officer is absent from duty or, for another reason, can not perform the duties of the office.\n- (a) the person is not disqualified from becoming the chief executive officer under section 51 ; and\n- (b) the Minister has consulted the board about the appointment of the person.","sortOrder":66},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Other staff","content":"## Other staff","sortOrder":67},{"sectionNumber":"sec.54","sectionType":"section","heading":"Authority’s staff","content":"### sec.54 Authority’s staff\n\nThe authority may employ other staff it considers necessary to perform its functions.\nThe staff are employed under the Public Sector Act 2022 .\n(sec.54-ssec.1) The authority may employ other staff it considers necessary to perform its functions.\n(sec.54-ssec.2) The staff are employed under the Public Sector Act 2022 .","sortOrder":68},{"sectionNumber":"pt.6","sectionType":"part","heading":"Ministerial directions, reporting and information","content":"# Ministerial directions, reporting and information","sortOrder":69},{"sectionNumber":"sec.55","sectionType":"section","heading":"Ministerial directions","content":"### sec.55 Ministerial directions\n\nThe Minister may give the authority a written direction about a matter relevant to the performance of the authority’s functions or the exercise of its powers if the Minister is satisfied it is reasonably necessary to give the direction.\nWithout limiting subsection (1) , the Minister may give the authority a direction under that subsection—\nto give the Minister information held or controlled by the authority; or\nto submit to the Minister a document for the Minister’s approval; or\nto give the Minister a report about a matter relevant to the authority’s functions.\nIf a direction is given under this section, the authority must comply with the direction.\n(sec.55-ssec.1) The Minister may give the authority a written direction about a matter relevant to the performance of the authority’s functions or the exercise of its powers if the Minister is satisfied it is reasonably necessary to give the direction.\n(sec.55-ssec.2) Without limiting subsection (1) , the Minister may give the authority a direction under that subsection— to give the Minister information held or controlled by the authority; or to submit to the Minister a document for the Minister’s approval; or to give the Minister a report about a matter relevant to the authority’s functions.\n(sec.55-ssec.3) If a direction is given under this section, the authority must comply with the direction.\n- (a) to give the Minister information held or controlled by the authority; or\n- (b) to submit to the Minister a document for the Minister’s approval; or\n- (c) to give the Minister a report about a matter relevant to the authority’s functions.","sortOrder":70},{"sectionNumber":"sec.56","sectionType":"section","heading":"Quarterly reports","content":"### sec.56 Quarterly reports\n\nThe authority must give the Minister a report about the performance of its functions for each quarter in a financial year.\nA quarterly report must be given to the Minister—\nwithin 6 weeks after the end of the quarter; or\nif another period after the end of the quarter is agreed between the authority and the Minister—within the agreed period.\nWithout limiting subsection (1) , the report must address the following matters—\nthe progress of projects and activities undertaken to implement the waterways management strategy;\nother activities for management of the Sunshine Coast waterways;\nthe revenue and expenditure of the authority.\nIn this section—\nquarter , in a financial year, means the following periods in the year—\n1 July to 30 September;\n1 October to 31 December;\n1 January to 31 March;\n1 April to 30 June.\n(sec.56-ssec.1) The authority must give the Minister a report about the performance of its functions for each quarter in a financial year.\n(sec.56-ssec.2) A quarterly report must be given to the Minister— within 6 weeks after the end of the quarter; or if another period after the end of the quarter is agreed between the authority and the Minister—within the agreed period.\n(sec.56-ssec.3) Without limiting subsection (1) , the report must address the following matters— the progress of projects and activities undertaken to implement the waterways management strategy; other activities for management of the Sunshine Coast waterways; the revenue and expenditure of the authority.\n(sec.56-ssec.4) In this section— quarter , in a financial year, means the following periods in the year— 1 July to 30 September; 1 October to 31 December; 1 January to 31 March; 1 April to 30 June.\n- (a) within 6 weeks after the end of the quarter; or\n- (b) if another period after the end of the quarter is agreed between the authority and the Minister—within the agreed period.\n- (a) the progress of projects and activities undertaken to implement the waterways management strategy;\n- (b) other activities for management of the Sunshine Coast waterways;\n- (c) the revenue and expenditure of the authority.\n- (a) 1 July to 30 September;\n- (b) 1 October to 31 December;\n- (c) 1 January to 31 March;\n- (d) 1 April to 30 June.","sortOrder":71},{"sectionNumber":"sec.57","sectionType":"section","heading":"Annual report","content":"### sec.57 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 annual report relates (the year );\ndetails about projects undertaken during the year to implement the waterways management strategy;\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;\nany other matter prescribed by regulation for this section.\nThis section does not limit the Financial Accountability Act 2009 .\n(sec.57-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.57-ssec.2) The annual report must include the following— a copy of any Ministerial directions given during the year to which the annual report relates (the year ); details about projects undertaken during the year to implement the waterways management strategy; 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; any other matter prescribed by regulation for this section.\n(sec.57-ssec.3) This section does not limit the Financial Accountability Act 2009 .\n- (a) a copy of any Ministerial directions given during the year to which the annual report relates (the year );\n- (b) details about projects undertaken during the year to implement the waterways management strategy;\n- (c) 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;\n- (d) any other matter prescribed by regulation for this section.","sortOrder":72},{"sectionNumber":"sec.58","sectionType":"section","heading":"Exchange of information","content":"### sec.58 Exchange of information\n\nThe authority may enter into an arrangement (an information-sharing arrangement ) with a relevant agency for the purposes of sharing or exchanging information—\nheld by the authority or relevant agency; or\nto which the authority or relevant agency has access.\nAn information-sharing arrangement may relate only to information that assists—\nthe authority perform the authority’s functions under this Act; or\nthe relevant agency perform its functions.\nUnder an information-sharing arrangement, the authority and the relevant agency are, despite another Act or law, authorised to—\nask for and receive information held by the other party to the arrangement or to which the other party has access; and\ndisclose information to the other party.\nIn this section—\nrelevant agency means—\nthe chief executive of the department in which the Fisheries Act 1994 is administered; or\nthe chief executive of the department in which the Transport Infrastructure Act 1994 is administered; or\nthe general manager of Maritime Safety Queensland; or\nthe police commissioner; or\nan entity prescribed by regulation for this definition.\n(sec.58-ssec.1) The authority may enter into an arrangement (an information-sharing arrangement ) with a relevant agency for the purposes of sharing or exchanging information— held by the authority or relevant agency; or to which the authority or relevant agency has access.\n(sec.58-ssec.2) An information-sharing arrangement may relate only to information that assists— the authority perform the authority’s functions under this Act; or the relevant agency perform its functions.\n(sec.58-ssec.3) Under an information-sharing arrangement, the authority and the relevant agency are, despite another Act or law, authorised to— ask for and receive information held by the other party to the arrangement or to which the other party has access; and disclose information to the other party.\n(sec.58-ssec.4) In this section— relevant agency means— the chief executive of the department in which the Fisheries Act 1994 is administered; or the chief executive of the department in which the Transport Infrastructure Act 1994 is administered; or the general manager of Maritime Safety Queensland; or the police commissioner; or an entity prescribed by regulation for this definition.\n- (a) held by the authority or relevant agency; or\n- (b) to which the authority or relevant agency has access.\n- (a) the authority perform the authority’s functions under this Act; or\n- (b) the relevant agency perform its functions.\n- (a) ask for and receive information held by the other party to the arrangement or to which the other party has access; and\n- (b) disclose information to the other party.\n- (a) the chief executive of the department in which the Fisheries Act 1994 is administered; or\n- (b) the chief executive of the department in which the Transport Infrastructure Act 1994 is administered; or\n- (c) the general manager of Maritime Safety Queensland; or\n- (d) the police commissioner; or\n- (e) an entity prescribed by regulation for this definition.","sortOrder":73},{"sectionNumber":"pt.7","sectionType":"part","heading":"Financial provisions","content":"# Financial provisions","sortOrder":74},{"sectionNumber":"sec.59","sectionType":"section","heading":"Particular amounts received must be paid into the consolidated fund","content":"### sec.59 Particular 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, for example, amounts received for fees in relation to buoy moorings and aquatic events under the Transport Operations (Marine Safety) Act 1994 .\nHowever, an amount received or recovered by the authority in the authority’s capacity as the manager of a public marine facility under the Transport Infrastructure Act 1994 may be retained by the authority and not paid into the consolidated fund.\nSee the Transport Infrastructure Act 1994 , section 480 (8) .\n(sec.59-ssec.1) The authority must pay amounts received under this or another Act into the consolidated fund, including, for example, amounts received for fees in relation to buoy moorings and aquatic events under the Transport Operations (Marine Safety) Act 1994 .\n(sec.59-ssec.2) However, an amount received or recovered by the authority in the authority’s capacity as the manager of a public marine facility under the Transport Infrastructure Act 1994 may be retained by the authority and not paid into the consolidated fund. See the Transport Infrastructure Act 1994 , section 480 (8) .","sortOrder":75},{"sectionNumber":"sec.60","sectionType":"section","heading":"Authority not liable for particular charges","content":"### sec.60 Authority not liable for particular charges\n\nThe authority is not liable to pay royalties or similar charges for extractive material removed in exercising a power under this Act 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- (a) in an area approved by the Minister; and\n- (b) under environmental controls relating to extractive material under an Act.","sortOrder":76},{"sectionNumber":"pt.8","sectionType":"part","heading":"Miscellaneous provisions","content":"# Miscellaneous provisions","sortOrder":77},{"sectionNumber":"pt.8-div.1","sectionType":"division","heading":"Criminal history","content":"## Criminal history","sortOrder":78},{"sectionNumber":"sec.61","sectionType":"section","heading":"Criminal history report","content":"### sec.61 Criminal history report\n\nTo decide if a person is disqualified from becoming or continuing as an appointed member or the chief executive officer, the Minister may ask the police commissioner for—\na written report about the criminal history of the person; and\na brief description of the circumstances of a conviction mentioned in the criminal history.\nHowever, the Minister may make the request only if the person has given the Minister written consent for the request.\nThe police commissioner must comply with the request.\nHowever, the duty to comply under subsection (3) applies only to information in the possession of the police commissioner or to which the police commissioner has access.\nIn this section—\ncriminal history , of a person, means the person’s criminal history as defined under the Criminal Law (Rehabilitation of Offenders) Act 1986 , other than spent convictions.\n(sec.61-ssec.1) To decide if a person is disqualified from becoming or continuing as an appointed member or the chief executive officer, the Minister may ask the police commissioner for— a written report about the criminal history of the person; and a brief description of the circumstances of a conviction mentioned in the criminal history.\n(sec.61-ssec.2) However, the Minister may make the request only if the person has given the Minister written consent for the request.\n(sec.61-ssec.3) The police commissioner must comply with the request.\n(sec.61-ssec.4) However, the duty to comply under subsection (3) applies only to information in the possession of the police commissioner or to which the police commissioner has access.\n(sec.61-ssec.5) In this section— criminal history , of a person, means the person’s criminal history as defined under the Criminal Law (Rehabilitation of Offenders) Act 1986 , other than spent convictions.\n- (a) a written report about the criminal history of the person; and\n- (b) a brief description of the circumstances of a conviction mentioned in the criminal history.","sortOrder":79},{"sectionNumber":"sec.62","sectionType":"section","heading":"Changes in criminal history must be disclosed","content":"### sec.62 Changes in criminal history must be disclosed\n\nThis section applies if a person who is an appointed member or the chief executive officer is convicted of an indictable offence during the term of the person’s appointment.\nThe person must, unless the person has a reasonable excuse, immediately after the person is convicted, give written notice of the conviction to the Minister.\nMaximum penalty—100 penalty units.\nThe notice must state the following matters—\nthe existence of the conviction;\nwhen the offence was committed;\ndetails adequate to identify the offence;\nthe sentence imposed on the person.\n(sec.62-ssec.1) This section applies if a person who is an appointed member or the chief executive officer is convicted of an indictable offence during the term of the person’s appointment.\n(sec.62-ssec.2) The person must, unless the person has a reasonable excuse, immediately after the person is convicted, give written notice of the conviction to the Minister. Maximum penalty—100 penalty units.\n(sec.62-ssec.3) The notice must state the following matters— the existence of the conviction; when the offence was committed; details adequate to identify the offence; the sentence imposed on the person.\n- (a) the existence of the conviction;\n- (b) when the offence was committed;\n- (c) details adequate to identify the offence;\n- (d) the sentence imposed on the person.","sortOrder":80},{"sectionNumber":"sec.63","sectionType":"section","heading":"Confidentiality of criminal history information","content":"### sec.63 Confidentiality of criminal history information\n\nThis section applies to a person who—\nis or has been—\nthe Minister or a member of the Minister’s staff; or\na public service employee performing functions under, or relating to the administration of, this Act; and\nin that capacity, has acquired or has access to criminal history information.\nThe person must not disclose the criminal history information to anyone else, or use the criminal history information, other than under subsection (3) .\nMaximum penalty—100 penalty units.\nThe person may disclose or use the criminal history information—\nto the extent the disclosure or use—\nis necessary to perform the person’s functions under, or relating to the administration of, this Act; or\nis otherwise required or permitted by this Act or another law; or\nwith the consent of the person to whom the criminal history information relates.\nA person who possesses a report given to the Minister under section 61 or a notice given to the Minister under section 62 must ensure the report or notice is destroyed as soon as practicable after it is no longer needed for the purpose for which it was given.\nSubsection (4) applies despite the Public Records Act 2023 .\nIn this section—\ncriminal history information means information contained in—\na report given to the Minister under section 61 ; or\na notice given to the Minister under section 62 .\ndisclose includes give access to.\n(sec.63-ssec.1) This section applies to a person who— is or has been— the Minister or a member of the Minister’s staff; or a public service employee performing functions under, or relating to the administration of, this Act; and in that capacity, has acquired or has access to criminal history information.\n(sec.63-ssec.2) The person must not disclose the criminal history information to anyone else, or use the criminal history information, other than under subsection (3) . Maximum penalty—100 penalty units.\n(sec.63-ssec.3) The person may disclose or use the criminal history information— to the extent the disclosure or use— is necessary to perform the person’s functions under, or relating to the administration of, this Act; or is otherwise required or permitted by this Act or another law; or with the consent of the person to whom the criminal history information relates.\n(sec.63-ssec.4) A person who possesses a report given to the Minister under section 61 or a notice given to the Minister under section 62 must ensure the report or notice is destroyed as soon as practicable after it is no longer needed for the purpose for which it was given.\n(sec.63-ssec.5) Subsection (4) applies despite the Public Records Act 2023 .\n(sec.63-ssec.6) In this section— criminal history information means information contained in— a report given to the Minister under section 61 ; or a notice given to the Minister under section 62 . disclose includes give access to.\n- (a) is or has been— (i) the Minister or a member of the Minister’s staff; or (ii) a public service employee performing functions under, or relating to the administration of, this Act; and\n- (i) the Minister or a member of the Minister’s staff; or\n- (ii) a public service employee performing functions under, or relating to the administration of, this Act; and\n- (b) in that capacity, has acquired or has access to criminal history information.\n- (i) the Minister or a member of the Minister’s staff; or\n- (ii) a public service employee performing functions under, or relating to the administration of, this Act; and\n- (a) to the extent the disclosure or use— (i) is necessary to perform the person’s functions under, or relating to the administration of, this Act; or (ii) is otherwise required or permitted by this Act or another law; or\n- (i) is necessary to perform the person’s functions under, or relating to the administration of, this Act; or\n- (ii) is otherwise required or permitted by this Act or another law; or\n- (b) with the consent of the person to whom the criminal history information relates.\n- (i) is necessary to perform the person’s functions under, or relating to the administration of, this Act; or\n- (ii) is otherwise required or permitted by this Act or another law; or\n- (a) a report given to the Minister under section 61 ; or\n- (b) a notice given to the Minister under section 62 .","sortOrder":81},{"sectionNumber":"pt.8-div.2","sectionType":"division","heading":"Transfer notices","content":"## Transfer notices","sortOrder":82},{"sectionNumber":"sec.64","sectionType":"section","heading":"Definitions for division","content":"### sec.64 Definitions for division\n\nIn this division—\ninstrument means any document, and includes—\na written or oral agreement; and\nan application; and\nan accreditation, approval, certificate, entitlement, exemption, licence, manual, notice, permit, plan and any other authority.\nright includes power, privilege and immunity.\ntransfer notice see section 65 (1) .\n- (a) a written or oral agreement; and\n- (b) an application; and\n- (c) an accreditation, approval, certificate, entitlement, exemption, licence, manual, notice, permit, plan and any other authority.","sortOrder":83},{"sectionNumber":"sec.65","sectionType":"section","heading":"Minister may make transfer notice","content":"### sec.65 Minister may make transfer notice\n\nFor the purpose of the establishment of the authority, the Minister may, by gazette notice (a transfer notice ) do any of the following—\ntransfer a business, asset or liability of the State to the authority;\ngrant a lease, easement or other right from the State to the authority;\nvary or extinguish a lease, easement or other rights held by the State;\nin relation to a lease held under the Land Act 1994 —\ntransfer the lease; or\nchange a purpose for which the lease is issued; or\nchange a condition imposed on the lease; or\ngrant a sublease;\nin relation to a reserve under the Land Act 1994 —\nchange a community purpose for which the reserve is dedicated; or\nremove a trustee of the reserve; or\nappoint a trustee of the reserve, subject to conditions or without conditions;\nprovide whether and, if so, the extent to which the authority is the successor in law of the State;\nmake provision for a legal proceeding that is being, or may be, taken by or against the State to be continued or taken by or against the authority;\nmake provision for or about the issue, transfer or application of an instrument to the authority.\nA transfer notice may include conditions applying to something done or to be done under the notice.\nIf the Minister is satisfied it would be inappropriate for a particular matter to be stated in a transfer notice (for example, because of the size or nature of the matter), the Minister may provide for the matter by including a reference in the transfer notice to another document that is—\nsigned by the Minister; and\nkept available, at a place stated in the transfer notice, for inspection by the persons to whom the matter relates.\nThe transfer of a liability of the State under a transfer notice discharges the State from the liability, other than to the extent stated in the notice.\nA transfer notice has effect despite any other law or instrument.\nA transfer notice has effect on the day it is published in the gazette or a later day and time stated in the notice.\nIf a transfer notice makes provision for a matter under subsection (1) (h) in relation to an instrument, the responsible entity for the instrument must take the action necessary to register or record the effect of the transfer notice, including—\nupdating a register or other record; and\namending, cancelling or issuing an instrument.\nIn this section—\nlease includes any derivative under lease of the lease.\nresponsible entity , for an instrument, means the entity required or authorised by law to register or record matters in relation to the instrument.\n(sec.65-ssec.1) For the purpose of the establishment of the authority, the Minister may, by gazette notice (a transfer notice ) do any of the following— transfer a business, asset or liability of the State to the authority; grant a lease, easement or other right from the State to the authority; vary or extinguish a lease, easement or other rights held by the State; in relation to a lease held under the Land Act 1994 — transfer the lease; or change a purpose for which the lease is issued; or change a condition imposed on the lease; or grant a sublease; in relation to a reserve under the Land Act 1994 — change a community purpose for which the reserve is dedicated; or remove a trustee of the reserve; or appoint a trustee of the reserve, subject to conditions or without conditions; provide whether and, if so, the extent to which the authority is the successor in law of the State; make provision for a legal proceeding that is being, or may be, taken by or against the State to be continued or taken by or against the authority; make provision for or about the issue, transfer or application of an instrument to the authority.\n(sec.65-ssec.2) A transfer notice may include conditions applying to something done or to be done under the notice.\n(sec.65-ssec.3) If the Minister is satisfied it would be inappropriate for a particular matter to be stated in a transfer notice (for example, because of the size or nature of the matter), the Minister may provide for the matter by including a reference in the transfer notice to another document that is— signed by the Minister; and kept available, at a place stated in the transfer notice, for inspection by the persons to whom the matter relates.\n(sec.65-ssec.4) The transfer of a liability of the State under a transfer notice discharges the State from the liability, other than to the extent stated in the notice.\n(sec.65-ssec.5) A transfer notice has effect despite any other law or instrument.\n(sec.65-ssec.6) A transfer notice has effect on the day it is published in the gazette or a later day and time stated in the notice.\n(sec.65-ssec.7) If a transfer notice makes provision for a matter under subsection (1) (h) in relation to an instrument, the responsible entity for the instrument must take the action necessary to register or record the effect of the transfer notice, including— updating a register or other record; and amending, cancelling or issuing an instrument.\n(sec.65-ssec.8) In this section— lease includes any derivative under lease of the lease. responsible entity , for an instrument, means the entity required or authorised by law to register or record matters in relation to the instrument.\n- (a) transfer a business, asset or liability of the State to the authority;\n- (b) grant a lease, easement or other right from the State to the authority;\n- (c) vary or extinguish a lease, easement or other rights held by the State;\n- (d) in relation to a lease held under the Land Act 1994 — (i) transfer the lease; or (ii) change a purpose for which the lease is issued; or (iii) change a condition imposed on the lease; or (iv) grant a sublease;\n- (i) transfer the lease; or\n- (ii) change a purpose for which the lease is issued; or\n- (iii) change a condition imposed on the lease; or\n- (iv) grant a sublease;\n- (e) in relation to a reserve under the Land Act 1994 — (i) change a community purpose for which the reserve is dedicated; or (ii) remove a trustee of the reserve; or (iii) appoint a trustee of the reserve, subject to conditions or without conditions;\n- (i) change a community purpose for which the reserve is dedicated; or\n- (ii) remove a trustee of the reserve; or\n- (iii) appoint a trustee of the reserve, subject to conditions or without conditions;\n- (f) provide whether and, if so, the extent to which the authority is the successor in law of the State;\n- (g) make provision for a legal proceeding that is being, or may be, taken by or against the State to be continued or taken by or against the authority;\n- (h) make provision for or about the issue, transfer or application of an instrument to the authority.\n- (i) transfer the lease; or\n- (ii) change a purpose for which the lease is issued; or\n- (iii) change a condition imposed on the lease; or\n- (iv) grant a sublease;\n- (i) change a community purpose for which the reserve is dedicated; or\n- (ii) remove a trustee of the reserve; or\n- (iii) appoint a trustee of the reserve, subject to conditions or without conditions;\n- (a) signed by the Minister; and\n- (b) kept available, at a place stated in the transfer notice, for inspection by the persons to whom the matter relates.\n- (a) updating a register or other record; and\n- (b) amending, cancelling or issuing an instrument.","sortOrder":84},{"sectionNumber":"sec.66","sectionType":"section","heading":"Application of instruments","content":"### sec.66 Application of instruments\n\nThis section applies if a transfer notice provides for an instrument that applied to an entity (the transferor ) to apply to another entity (the transferee ) in place of the transferor.\nWithout limiting the application of the transfer notice to the instrument—\nany right, title, interest or liability of the transferor arising under or relating to the instrument is taken to be transferred from the transferor to the transferee; and\nif the instrument, including a benefit or right provided by the instrument, is given to, by or in favour of the transferor, the instrument is taken to have been given to, by or in favour of the transferee; and\nthe transferee is taken to be a party to the instrument in place of the transferor; and\na reference in the instrument to the transferor is, to the extent possible and if the context permits, taken to be a reference to the transferee; and\nif an application was made for the instrument in the name of the transferor, the application is taken to have been made in the name of the transferee; and\nif the instrument is an instrument under which an amount is or may become payable to or by the transferor, the instrument is taken to be an instrument under which the amount is or may become payable to or by the transferee, in the way the amount was or might have been payable to or by the transferor; and\nif the instrument is an instrument under which property, other than money, is or may become liable to be transferred, conveyed or assigned to or by the transferor, the instrument is taken to be an instrument under which the property is or may become liable to be transferred, conveyed or assigned to or by the transferee, in the way it was or might have been liable to be transferred, conveyed or assigned to or by the transferor.\n(sec.66-ssec.1) This section applies if a transfer notice provides for an instrument that applied to an entity (the transferor ) to apply to another entity (the transferee ) in place of the transferor.\n(sec.66-ssec.2) Without limiting the application of the transfer notice to the instrument— any right, title, interest or liability of the transferor arising under or relating to the instrument is taken to be transferred from the transferor to the transferee; and if the instrument, including a benefit or right provided by the instrument, is given to, by or in favour of the transferor, the instrument is taken to have been given to, by or in favour of the transferee; and the transferee is taken to be a party to the instrument in place of the transferor; and a reference in the instrument to the transferor is, to the extent possible and if the context permits, taken to be a reference to the transferee; and if an application was made for the instrument in the name of the transferor, the application is taken to have been made in the name of the transferee; and if the instrument is an instrument under which an amount is or may become payable to or by the transferor, the instrument is taken to be an instrument under which the amount is or may become payable to or by the transferee, in the way the amount was or might have been payable to or by the transferor; and if the instrument is an instrument under which property, other than money, is or may become liable to be transferred, conveyed or assigned to or by the transferor, the instrument is taken to be an instrument under which the property is or may become liable to be transferred, conveyed or assigned to or by the transferee, in the way it was or might have been liable to be transferred, conveyed or assigned to or by the transferor.\n- (a) any right, title, interest or liability of the transferor arising under or relating to the instrument is taken to be transferred from the transferor to the transferee; and\n- (b) if the instrument, including a benefit or right provided by the instrument, is given to, by or in favour of the transferor, the instrument is taken to have been given to, by or in favour of the transferee; and\n- (c) the transferee is taken to be a party to the instrument in place of the transferor; and\n- (d) a reference in the instrument to the transferor is, to the extent possible and if the context permits, taken to be a reference to the transferee; and\n- (e) if an application was made for the instrument in the name of the transferor, the application is taken to have been made in the name of the transferee; and\n- (f) if the instrument is an instrument under which an amount is or may become payable to or by the transferor, the instrument is taken to be an instrument under which the amount is or may become payable to or by the transferee, in the way the amount was or might have been payable to or by the transferor; and\n- (g) if the instrument is an instrument under which property, other than money, is or may become liable to be transferred, conveyed or assigned to or by the transferor, the instrument is taken to be an instrument under which the property is or may become liable to be transferred, conveyed or assigned to or by the transferee, in the way it was or might have been liable to be transferred, conveyed or assigned to or by the transferor.","sortOrder":85},{"sectionNumber":"pt.8-div.3","sectionType":"division","heading":"Other provisions","content":"## Other provisions","sortOrder":86},{"sectionNumber":"sec.67","sectionType":"section","heading":"Delegations","content":"### sec.67 Delegations\n\nThe authority may delegate a function of the authority, other than a function under part 3 , to—\nan appointed member; or\nthe chief executive officer; or\nan appropriately qualified person.\nThe chief executive officer may delegate the chief executive officer’s functions under this Act to an appropriately qualified staff member of the authority.\nIn this section—\nfunction includes power.\n(sec.67-ssec.1) The authority may delegate a function of the authority, other than a function under part 3 , to— an appointed member; or the chief executive officer; or an appropriately qualified person.\n(sec.67-ssec.2) The chief executive officer may delegate the chief executive officer’s functions under this Act to an appropriately qualified staff member of the authority.\n(sec.67-ssec.3) In this section— function includes power.\n- (a) an appointed member; or\n- (b) the chief executive officer; or\n- (c) an appropriately qualified person.","sortOrder":87},{"sectionNumber":"sec.68","sectionType":"section","heading":"Three-yearly review of operations","content":"### sec.68 Three-yearly review of 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 3-yearly review ).\nThe first 3-yearly review must be undertaken as soon as practicable after the day that is 3 years after the commencement.\nEach 3-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 purpose of this Act.\n(sec.68-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 3-yearly review ).\n(sec.68-ssec.2) The first 3-yearly review must be undertaken as soon as practicable after the day that is 3 years after the commencement.\n(sec.68-ssec.3) Each 3-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 purpose 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 purpose of this Act.","sortOrder":88},{"sectionNumber":"sec.69","sectionType":"section","heading":"Regulation-making power","content":"### sec.69 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.","sortOrder":89},{"sectionNumber":"pt.9","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":90},{"sectionNumber":"sec.70","sectionType":"section","heading":"Waterways management program","content":"### sec.70 Waterways management program\n\nSection 18(1) does not apply in relation to the financial year starting on 1 July 2026.","sortOrder":91},{"sectionNumber":"sec.71","sectionType":"section","heading":"Initial appointment of chief executive officer","content":"### sec.71 Initial appointment of chief executive officer\n\nThis section applies if the Minister recommends the appointment of a person as the chief executive officer of the authority before the Governor in Council has appointed an appointed member of the board.\nSection 44(3)(b) does not apply to the extent the Minister could not recommend a person for appointment only because the Minister has not consulted the board about the appointment of the person.\n(sec.71-ssec.1) This section applies if the Minister recommends the appointment of a person as the chief executive officer of the authority before the Governor in Council has appointed an appointed member of the board.\n(sec.71-ssec.2) Section 44(3)(b) does not apply to the extent the Minister could not recommend a person for appointment only because the Minister has not consulted the board about the appointment of the person.","sortOrder":92},{"sectionNumber":"sec.72","sectionType":"section","heading":"Certified agreement to apply to particular staff members","content":"### sec.72 Certified agreement to apply to particular staff members\n\nSubsection (2) applies if immediately before the commencement—\nthe core agreement has not been terminated; and\na relevant agreement has not started operating under the Industrial Relations Act 2016 .\nFrom the commencement—\nthe core agreement is taken to apply, for all purposes, as if the authority were an entity specified in Appendix 1 of the agreement; and\nwithout limiting paragraph (a), the core agreement—\nis taken to cover the authority; and\nis taken to cover staff members of the authority, but only to the extent the staff members would be employees covered by the agreement if the authority were in fact an entity specified in Appendix 1 of the agreement.\nSubsections (4) and (5) apply if—\nthe core agreement has been terminated; and\nthe replacement agreement is not a relevant agreement.\nThe replacement agreement is taken to apply, for all purposes, as if the agreement applied to employees of the authority.\nWithout limiting subsection (4), the replacement agreement—\nis taken to cover the authority; and\nis taken to cover staff members of the authority, but only to the extent the staff members would be employees covered by the agreement if the authority were in fact an entity specified in the agreement as an entity to which the agreement applied.\nThis section applies until a relevant agreement starts operating under the Industrial Relations Act 2016 .\nIn this section—\narbitration determination see the Industrial Relations Act 2016 , section 168.\ncertified agreement see the Industrial Relations Act 2016 , section 164.\ncore agreement means the certified agreement known as the ‘State Government Entities Certified Agreement 2023’.\ncovers , in relation to a certified agreement, see the Industrial Relations Act 2016 , section 221.\nrelevant agreement means a certified agreement or arbitration determination that covers—\nthe authority; and\nany staff members of the authority.\nreplacement agreement means a certified agreement or arbitration determination that replaces the core agreement.\n(sec.72-ssec.1) Subsection (2) applies if immediately before the commencement— the core agreement has not been terminated; and a relevant agreement has not started operating under the Industrial Relations Act 2016 .\n(sec.72-ssec.2) From the commencement— the core agreement is taken to apply, for all purposes, as if the authority were an entity specified in Appendix 1 of the agreement; and without limiting paragraph (a), the core agreement— is taken to cover the authority; and is taken to cover staff members of the authority, but only to the extent the staff members would be employees covered by the agreement if the authority were in fact an entity specified in Appendix 1 of the agreement.\n(sec.72-ssec.3) Subsections (4) and (5) apply if— the core agreement has been terminated; and the replacement agreement is not a relevant agreement.\n(sec.72-ssec.4) The replacement agreement is taken to apply, for all purposes, as if the agreement applied to employees of the authority.\n(sec.72-ssec.5) Without limiting subsection (4), the replacement agreement— is taken to cover the authority; and is taken to cover staff members of the authority, but only to the extent the staff members would be employees covered by the agreement if the authority were in fact an entity specified in the agreement as an entity to which the agreement applied.\n(sec.72-ssec.6) This section applies until a relevant agreement starts operating under the Industrial Relations Act 2016 .\n(sec.72-ssec.7) In this section— arbitration determination see the Industrial Relations Act 2016 , section 168. certified agreement see the Industrial Relations Act 2016 , section 164. core agreement means the certified agreement known as the ‘State Government Entities Certified Agreement 2023’. covers , in relation to a certified agreement, see the Industrial Relations Act 2016 , section 221. relevant agreement means a certified agreement or arbitration determination that covers— the authority; and any staff members of the authority. replacement agreement means a certified agreement or arbitration determination that replaces the core agreement.\n- (a) the core agreement has not been terminated; and\n- (b) a relevant agreement has not started operating under the Industrial Relations Act 2016 .\n- (a) the core agreement is taken to apply, for all purposes, as if the authority were an entity specified in Appendix 1 of the agreement; and\n- (b) without limiting paragraph (a), the core agreement— (i) is taken to cover the authority; and (ii) is taken to cover staff members of the authority, but only to the extent the staff members would be employees covered by the agreement if the authority were in fact an entity specified in Appendix 1 of the agreement.\n- (i) is taken to cover the authority; and\n- (ii) is taken to cover staff members of the authority, but only to the extent the staff members would be employees covered by the agreement if the authority were in fact an entity specified in Appendix 1 of the agreement.\n- (i) is taken to cover the authority; and\n- (ii) is taken to cover staff members of the authority, but only to the extent the staff members would be employees covered by the agreement if the authority were in fact an entity specified in Appendix 1 of the agreement.\n- (a) the core agreement has been terminated; and\n- (b) the replacement agreement is not a relevant agreement.\n- (a) is taken to cover the authority; and\n- (b) is taken to cover staff members of the authority, but only to the extent the staff members would be employees covered by the agreement if the authority were in fact an entity specified in the agreement as an entity to which the agreement applied.\n- (a) the authority; and\n- (b) any staff members of the authority.","sortOrder":93},{"sectionNumber":"pt.10","sectionType":"part","heading":"Amendment of legislation","content":"# Amendment of legislation","sortOrder":94},{"sectionNumber":"pt.10-div.3","sectionType":"division","heading":"Amendment of Transport Infrastructure Act 1994","content":"## Amendment of Transport Infrastructure Act 1994","sortOrder":95},{"sectionNumber":"sec.77","sectionType":"section","heading":"Act amended","content":"### sec.77 Act amended\n\nThis division amends the Transport Infrastructure Act 1994 .\nSee also the amendments in schedule 2 .","sortOrder":96},{"sectionNumber":"sec.78","sectionType":"section","heading":"Amendment of s 461 (Management by chief executive)","content":"### sec.78 Amendment of s 461 (Management by chief executive)\n\nSection 461 (1) , after ‘Gold Coast waters’—\ninsert—\nor a Sunshine Coast waterway","sortOrder":97},{"sectionNumber":"sec.79","sectionType":"section","heading":"Insertion of new s 461B","content":"### sec.79 Insertion of new s 461B\n\nAfter section 461A —\ninsert—\nThis section applies to a public marine facility in, or on land adjacent to, a Sunshine Coast waterway if, apart from this section, there is no current manager of the facility.\nThe Sunshine Coast Waterways Authority is taken to be the manager of the public marine facility until a person is appointed as the manager of the facility under section 459.\nIf the Sunshine Coast Waterways Authority is the manager of a public marine facility, the authority—\nhas any powers, conferred under a regulation, to limit or prohibit the use of the facility; and\nmay exercise any other of the authority’s powers, and do anything the authority considers necessary or convenient, for the facility’s effective and efficient management.\nThis section does not limit a power the Sunshine Coast Waterways Authority has apart from this section.\n(sec.79-frag-sec.461B-ssec.1) This section applies to a public marine facility in, or on land adjacent to, a Sunshine Coast waterway if, apart from this section, there is no current manager of the facility.\n(sec.79-frag-sec.461B-ssec.2) The Sunshine Coast Waterways Authority is taken to be the manager of the public marine facility until a person is appointed as the manager of the facility under section 459.\n(sec.79-frag-sec.461B-ssec.3) If the Sunshine Coast Waterways Authority is the manager of a public marine facility, the authority— has any powers, conferred under a regulation, to limit or prohibit the use of the facility; and may exercise any other of the authority’s powers, and do anything the authority considers necessary or convenient, for the facility’s effective and efficient management.\n(sec.79-frag-sec.461B-ssec.4) This section does not limit a power the Sunshine Coast Waterways Authority has apart from this section.\n- (a) has any powers, conferred under a regulation, to limit or prohibit the use of the facility; and\n- (b) may exercise any other of the authority’s powers, and do anything the authority considers necessary or convenient, for the facility’s effective and efficient management.","sortOrder":98},{"sectionNumber":"sec.79-frag-sec.461B","sectionType":"section","heading":"Management by Sunshine Coast Waterways Authority","content":"### sec.79-frag-sec.461B Management by Sunshine Coast Waterways Authority\n\nThis section applies to a public marine facility in, or on land adjacent to, a Sunshine Coast waterway if, apart from this section, there is no current manager of the facility.\nThe Sunshine Coast Waterways Authority is taken to be the manager of the public marine facility until a person is appointed as the manager of the facility under section 459.\nIf the Sunshine Coast Waterways Authority is the manager of a public marine facility, the authority—\nhas any powers, conferred under a regulation, to limit or prohibit the use of the facility; and\nmay exercise any other of the authority’s powers, and do anything the authority considers necessary or convenient, for the facility’s effective and efficient management.\nThis section does not limit a power the Sunshine Coast Waterways Authority has apart from this section.\n(sec.79-frag-sec.461B-ssec.1) This section applies to a public marine facility in, or on land adjacent to, a Sunshine Coast waterway if, apart from this section, there is no current manager of the facility.\n(sec.79-frag-sec.461B-ssec.2) The Sunshine Coast Waterways Authority is taken to be the manager of the public marine facility until a person is appointed as the manager of the facility under section 459.\n(sec.79-frag-sec.461B-ssec.3) If the Sunshine Coast Waterways Authority is the manager of a public marine facility, the authority— has any powers, conferred under a regulation, to limit or prohibit the use of the facility; and may exercise any other of the authority’s powers, and do anything the authority considers necessary or convenient, for the facility’s effective and efficient management.\n(sec.79-frag-sec.461B-ssec.4) This section does not limit a power the Sunshine Coast Waterways Authority has apart from this section.\n- (a) has any powers, conferred under a regulation, to limit or prohibit the use of the facility; and\n- (b) may exercise any other of the authority’s powers, and do anything the authority considers necessary or convenient, for the facility’s effective and efficient management.","sortOrder":99},{"sectionNumber":"sec.80","sectionType":"section","heading":"Amendment of s 464 (Management by another person)","content":"### sec.80 Amendment of s 464 (Management by another person)\n\nSection 464 , ‘the Gold Coast Waterways Authority’—\nomit, insert—\na waterways authority","sortOrder":100},{"sectionNumber":"sec.81","sectionType":"section","heading":"Amendment of s 466 (Fees)","content":"### sec.81 Amendment of s 466 (Fees)\n\nSection 466 (4) (a) and (5) , ‘Gold Coast Waterways Authority’—\nomit, insert—\na waterways authority\nSection 466 (5) , note, after ‘chief executive’—\ninsert—\nor a waterways authority\n(sec.81-ssec.1) Section 466 (4) (a) and (5) , ‘Gold Coast Waterways Authority’— omit, insert— a waterways authority\n(sec.81-ssec.2) Section 466 (5) , note, after ‘chief executive’— insert— or a waterways authority","sortOrder":101},{"sectionNumber":"sec.82","sectionType":"section","heading":"Amendment of s 476 (Amounts payable are debts owing to the State)","content":"### sec.82 Amendment of s 476 (Amounts payable are debts owing to the State)\n\nSection 476 , ‘the Gold Coast Waterways Authority’—\nomit, insert—\na waterways authority","sortOrder":102},{"sectionNumber":"sec.83","sectionType":"section","heading":"Insertion of new ch 21 , pt 7","content":"### sec.83 Insertion of new ch 21 , pt 7\n\nChapter 21 —\ninsert—\nThis section applies in relation to the Mooloolaba State managed boat harbour.\nThe chief executive is taken to have resigned as the manager of the Mooloolaba State managed boat harbour immediately before the commencement.\nOn the commencement, the Sunshine Coast Waterways Authority is appointed as the manager of the Mooloolaba State managed boat harbour.\nThis section applies despite sections 459 and 467.\nIn this section—\nMooloolaba State managed boat harbour means the Mooloolaba Harbour shown as lot 1 on SP143293.\n(sec.83-frag-pt.7-sec.590-ssec.1) This section applies in relation to the Mooloolaba State managed boat harbour.\n(sec.83-frag-pt.7-sec.590-ssec.2) The chief executive is taken to have resigned as the manager of the Mooloolaba State managed boat harbour immediately before the commencement.\n(sec.83-frag-pt.7-sec.590-ssec.3) On the commencement, the Sunshine Coast Waterways Authority is appointed as the manager of the Mooloolaba State managed boat harbour.\n(sec.83-frag-pt.7-sec.590-ssec.4) This section applies despite sections 459 and 467.\n(sec.83-frag-pt.7-sec.590-ssec.5) In this section— Mooloolaba State managed boat harbour means the Mooloolaba Harbour shown as lot 1 on SP143293.","sortOrder":103},{"sectionNumber":"sec.83-frag-pt.7-sec.590","sectionType":"section","heading":"Sunshine Coast Waterways Authority to be manager of Mooloolaba State managed boat harbour","content":"### sec.83-frag-pt.7-sec.590 Sunshine Coast Waterways Authority to be manager of Mooloolaba State managed boat harbour\n\nThis section applies in relation to the Mooloolaba State managed boat harbour.\nThe chief executive is taken to have resigned as the manager of the Mooloolaba State managed boat harbour immediately before the commencement.\nOn the commencement, the Sunshine Coast Waterways Authority is appointed as the manager of the Mooloolaba State managed boat harbour.\nThis section applies despite sections 459 and 467.\nIn this section—\nMooloolaba State managed boat harbour means the Mooloolaba Harbour shown as lot 1 on SP143293.\n(sec.83-frag-pt.7-sec.590-ssec.1) This section applies in relation to the Mooloolaba State managed boat harbour.\n(sec.83-frag-pt.7-sec.590-ssec.2) The chief executive is taken to have resigned as the manager of the Mooloolaba State managed boat harbour immediately before the commencement.\n(sec.83-frag-pt.7-sec.590-ssec.3) On the commencement, the Sunshine Coast Waterways Authority is appointed as the manager of the Mooloolaba State managed boat harbour.\n(sec.83-frag-pt.7-sec.590-ssec.4) This section applies despite sections 459 and 467.\n(sec.83-frag-pt.7-sec.590-ssec.5) In this section— Mooloolaba State managed boat harbour means the Mooloolaba Harbour shown as lot 1 on SP143293.","sortOrder":104},{"sectionNumber":"sec.84","sectionType":"section","heading":"Amendment of sch 1 (Subject matter for regulations)","content":"### sec.84 Amendment of sch 1 (Subject matter for regulations)\n\nSchedule 1 , part 1 , item 20, ‘by the chief executive’—\nomit.\nSchedule 1 , part 1 , item 21, after ‘chief executive’—\ninsert—\nor a waterways authority\n(sec.84-ssec.1) Schedule 1 , part 1 , item 20, ‘by the chief executive’— omit.\n(sec.84-ssec.2) Schedule 1 , part 1 , item 21, after ‘chief executive’— insert— or a waterways authority","sortOrder":105},{"sectionNumber":"sec.85","sectionType":"section","heading":"Amendment of sch 6 (Dictionary)","content":"### sec.85 Amendment of sch 6 (Dictionary)\n\nSchedule 6 —\ninsert—\nSunshine Coast waterway means a waterway stated in the Sunshine Coast Waterways Authority Act 2026 , section 7.\nSunshine Coast Waterways Authority means the Sunshine Coast Waterways Authority established under the Sunshine Coast Waterways Authority Act 2026 .\nwaterways authority means—\nthe Gold Coast Waterways Authority; or\nthe Sunshine Coast Waterways Authority.\n- (a) the Gold Coast Waterways Authority; or\n- (b) the Sunshine Coast Waterways Authority.","sortOrder":106},{"sectionNumber":"sec.83-frag-pt.7","sectionType":"part","heading":"Transitional provision for Sunshine Coast Waterways Authority Act 2026","content":"# Transitional provision for Sunshine Coast Waterways Authority Act 2026","sortOrder":107}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act remains focused on the stated original purpose: establishing a statutory authority to plan for and manage the Sunshine Coast waterways (sec 3) and giving it operational powers to implement that purpose. The provisions that broaden operational scope — transfer notices (secs 65–66), default managerial status for un‑managed public marine facilities and the immediate appointment as manager of Mooloolaba Harbour (secs 79, 83) — extend the Authority from pure strategic planning into active operational and asset‑management roles. Those additions are consistent with, and mechanistically necessary for, carrying out the Act’s stated objective rather than representing a material departure from it. The Act therefore expands operational tools available to achieve the original purpose but does not appear to grow the statutory purpose beyond establishing and equipping an Authority to plan for, manage and develop the waterways."},"complexity_factors":["Extensive cross‑references to other Acts (at least 12 named Acts listed in sec 4 and multiple further cross‑references elsewhere)","Defined list of Sunshine Coast waterways with ~16 specific items (sec 7)","Two linked planning instruments with separate approval and consistency rules: 10‑year strategy (Part 3 div 1) and annual + 3‑year rolling program requiring Minister approval (Part 3 div 2)","Ministerial override powers and direction mechanisms (secs 20, 21, 55) creating conditional logic where Minister directions can make programs inconsistent with the strategy (with tabling requirements)","Broad transfer notice power with many possible effects (transfer of assets/liabilities, leases, reserve trusteeship, legal succession, and instrument application) and a requirement for registries to record effects (secs 65–66)","Amendments to an existing complex Act (Transport Infrastructure Act 1994) inserting manager provisions and automatic appointment for the Mooloolaba harbour (secs 77–85, 83)","Multiple appointment, disqualification and disclosure rules with detailed categories for board members and CEO (secs 25–33; 43–53) including criminal‑history consent and reporting (secs 61–63)","Delegation restrictions (cannot delegate Part 3 functions) combined with multiple permitted delegations (sec 67)","Transitional and industrial relations provisions that carry forward a certified agreement and cover staged application until new agreements operate (sec 72)","Financial rules that both remit receipts to the consolidated fund and permit retention in specified managerial circumstances (sec 59)"],"plain_english_summary":"**What this law does (mechanically)\n\n- Establishes the Sunshine Coast Waterways Authority as a new corporate statutory body that represents the State and can own property, sue and be sued, and enter commercial arrangements (secs 8–13).  \n- Gives the Authority specific operational functions: prepare a 10‑year waterways management strategy, prepare rolling 4‑year (published) waterways management programs, install and run infrastructure, manage navigational access, and monitor/manage sand or sediment movement (secs 12, 14–18).  \n- Puts governance in place: a Sunshine Coast Waterways Authority Board (chair plus six appointed members) and a chief executive officer (CEO). Members are appointed by the Governor in Council on the Minister’s recommendation; terms, reappointment limits, and disqualification rules are specified (secs 22–33, 43–53).  \n- Requires Ministerial oversight: Minister approval of the 10‑year strategy and of the annual/4‑year programs, power to give directions the Authority must follow, regular reporting (quarterly and annual) and a 3‑year operational review (secs 15, 20, 21, 55–57, 68).  \n- Enables the Minister to transfer State businesses, assets, leases, liabilities and instruments to the Authority by gazette transfer notice; such notices take effect despite other laws and can make the Authority the legal successor in particular respects (secs 65–66).  \n- Amends the Transport Infrastructure Act 1994 so that public marine facilities in Sunshine Coast waterways with no current manager are treated as managed by the Sunshine Coast Waterways Authority until another manager is appointed; the Act also appoints the Authority as manager of the Mooloolaba State managed boat harbour on commencement (secs 79, 83).  \n- Sets financial rules: most receipts must be paid into the consolidated fund, but amounts received when the Authority acts as manager of a public marine facility may be retained (sec 59).  \n- Includes conflict, disclosure and criminal‑history procedures for board members, the CEO and relevant staff; certain delegations are allowed, and some functions (Part 3 — strategy/program) may not be delegated (secs 26, 30, 38–39, 61–63, 67).  \n\nWho it affects\n\n- The State (the Authority represents the State) and local governments whose waterways are named in the Act (sec 7).  \n- People and businesses using Sunshine Coast waterways, marine infrastructure operators, marine‑industry businesses, tourism operators and recreational users — because the Authority will plan, manage, maintain and potentially operate facilities and navigational access (secs 7, 12, 14–18, amending provisions in ch 21 of the Transport Infrastructure Act).  \n- Contractors, lessees and others holding State instruments (leases, easements, approvals etc.) that may be transferred to the Authority by transfer notice (secs 65–66).  \n- Board appointees and the CEO, who must meet qualification and disqualification rules and follow disclosure and reporting obligations (secs 25–33, 43–53, 61–63).  \n\nWhy it matters (stated purpose, then practical effects and trade‑offs)\n\n- The Act’s stated purpose is to \"strategically plan for and facilitate the sustainable use, management and development of the Sunshine Coast waterways\" (sec 3). To achieve that, it creates a State statutory body with planning and operational powers.  \n\nPractical mechanisms and the incentives they create\n\n- Centralised planning with Ministerial approval: The Authority drafts a 10‑year strategy and rolling implementation programs, but the Minister approves the strategy and programs and can direct amendments (secs 14–21). Mechanically, this concentrates directional control with the Minister while the Authority implements. The trade‑off: central political control of priorities vs. statutory continuity and accountability through required publication and tabling (secs 17, 20).  \n\n- Operational reach and asset control: The Minister can transfer State assets, leases or liabilities to the Authority and the Authority can be the default manager of un‑managed public marine facilities in the Sunshine Coast area; the Act also makes the Authority manager of Mooloolaba Harbour on commencement (secs 65, 79, 83). Mechanically this gives the Authority both planning and operational responsibilities (maintenance, fees, on‑the‑ground management). That creates scope for the Authority to collect revenue where it manages marine facilities (sec 59) and to enter commercial arrangements (sec 13).  \n\n- Reporting and transparency obligations: quarterly reports, annual reporting and a three‑yearly independent review create recurrent compliance and information flows to the Minister and Parliament (secs 56–57, 68). These impose administrative costs but improve oversight.  \n\n- Conflict management and exclusion rules: The Act prevents persons with certain interests (for example parties to contracts with the Authority, employees of contracting parties, certain insolvency or criminal history circumstances, elected officials) from being appointed as board members or CEO (secs 33, 51). That limits direct conflicts but also narrows the candidate pool.  \n\nCosts, compliance burden and implementation risks\n\n- Who pays: receipts generally flow to the consolidated fund (sec 59), but income the Authority receives as manager of a public marine facility may be retained (sec 59(2)). The Authority can also enter contracts and joint ventures (sec 13), so it may raise revenue commercially; however the net fiscal impact depends on how much activity is retained versus remitted to Treasury.  \n- Administrative and regulatory cost: The Authority must run public consultation, prepare and revise strategy and programs, maintain quarterly and annual reporting, and comply with Ministerial directions; these are recurring administrative costs for staff and systems (secs 15, 18–20, 56–57, 55).  \n- Legal and registration work from transfers: transfer notices can change lease purposes, transfer or vary leases and require other registries to update instruments; that creates transactional and legal work and may change rights and obligations of private parties (secs 65–66).  \n- Centralisation risk and discretion: the Minister’s powers to approve or direct (and to make transfer notices that operate despite other laws) give significant executive discretion (secs 15, 20, 55, 65). The Act provides parliamentary notice mechanisms (tabling of strategies and directions) but gives the executive tools to reallocate assets and change operational responsibility rapidly (secs 17, 21, 65).  \n\nEffects on private actors, competition and contract freedom\n\n- Private operators of marine facilities should expect a possible change of manager or regulator where the Authority is appointed manager (secs 79, 83). That may change fees, access rules (amendment to Transport Infrastructure Act fees provisions, sec 81), and operational arrangements.  \n- The Authority can enter commercial arrangements and joint ventures (sec 13), so it may compete with or contract private parties to deliver services or infrastructure.  \n- The Act prevents people who are parties to relevant contracts from sitting on the board or becoming CEO (secs 33, 51), which reduces one form of capture but leaves other concentrated benefits possible (for example, contractors who are not board members).  \n\nImplementation and transitional details to note\n\n- Transfer notices (sec 65) can be tailored, include conditions, and operate despite other laws; they can require registries to record changes (sec 65(7)).  \n- The Authority is taken to be manager of Mooloolaba Harbour on commencement (sec 83).  \n- Employment arrangements: authority staff are employed under the Public Sector Act 2022, and existing certified agreements are carried over for particular staff until new agreements operate (sec 54, 72).  \n\nKey sections to consult directly if you need operational detail: establishment and functions (secs 8–13, 12); strategy and program requirements (secs 14–21); Ministerial powers and reporting (secs 55–57); transfer notices and legal succession (secs 65–66); Transport Infrastructure Act amendments that make the Authority manager of facilities (secs 79, 83)."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/sunshine-coast-waterways-authority-act-2026","history":"/api/acts/sunshine-coast-waterways-authority-act-2026/history","analysis":"/api/acts/sunshine-coast-waterways-authority-act-2026/analysis","conflicts":"/api/acts/sunshine-coast-waterways-authority-act-2026/conflicts","importantCases":"/api/acts/sunshine-coast-waterways-authority-act-2026/important-cases","documents":"/api/acts/sunshine-coast-waterways-authority-act-2026/documents"}}