{"id":"qld:sl-2012-0231","name":"Transport Infrastructure (Waterways Management) Regulation 2012","slug":"transport-infrastructure-waterways-management-regulation-2012","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"231 of 2012","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":175657,"registerId":"qld-qld:sl-2012-0231-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis regulation may be cited as the Transport Infrastructure (Waterways Management) Regulation 2012 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Definitions","content":"### sec.2 Definitions\n\nThe dictionary in schedule 4 defines particular words used in this regulation.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Measurement of position","content":"### sec.3 Measurement of position\n\nIn this regulation, position is defined by reference to GDA2020.\nIn this section—\nGDA2020 means the Reference Frame under the National Measurement (Recognized-Value Standard of Measurement of Position) Determination 2017 (Cwlth) as in force on 1 July 2020.\ns 3 sub 2020 SL No. 94 s 32\n(sec.3-ssec.1) In this regulation, position is defined by reference to GDA2020.\n(sec.3-ssec.2) In this section— GDA2020 means the Reference Frame under the National Measurement (Recognized-Value Standard of Measurement of Position) Determination 2017 (Cwlth) as in force on 1 July 2020.","sortOrder":3},{"sectionNumber":"pt.2","sectionType":"part","heading":"Application","content":"# Application","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"Waterways and associated infrastructure","content":"### sec.4 Waterways and associated infrastructure\n\nSubject to subsection (2) , this regulation applies to the following Queensland waters ( regulated waters )—\nthe waterways described in schedule 1 , part 1 ( Gold Coast waters );\nthe waterways described in schedule 2 , part 1 ( Sunshine Coast waters ).\nThis regulation does not apply to a State managed boat harbour under the Transport Infrastructure (Public Marine Facilities) Regulation 2023 .\ns 4 amd 2023 SL No. 110 s 125\n(sec.4-ssec.1) Subject to subsection (2) , this regulation applies to the following Queensland waters ( regulated waters )— the waterways described in schedule 1 , part 1 ( Gold Coast waters ); the waterways described in schedule 2 , part 1 ( Sunshine Coast waters ).\n(sec.4-ssec.2) This regulation does not apply to a State managed boat harbour under the Transport Infrastructure (Public Marine Facilities) Regulation 2023 .\n- (a) the waterways described in schedule 1 , part 1 ( Gold Coast waters );\n- (b) the waterways described in schedule 2 , part 1 ( Sunshine Coast waters ).","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Watercraft to which regulation does not apply","content":"### sec.5 Watercraft to which regulation does not apply\n\nThis regulation does not apply to the following watercraft—\na watercraft being used for official duty by the Commonwealth, a State or a local government;\na watercraft owned by the State;\na watercraft being used to carry out approved works.\nIn this section—\napproved works means works, including construction, dredging, installation and maintenance of navigation aids, approved under the Planning Act or Transport Operations (Marine Safety) Act 1994 .\n(sec.5-ssec.1) This regulation does not apply to the following watercraft— a watercraft being used for official duty by the Commonwealth, a State or a local government; a watercraft owned by the State; a watercraft being used to carry out approved works.\n(sec.5-ssec.2) In this section— approved works means works, including construction, dredging, installation and maintenance of navigation aids, approved under the Planning Act or Transport Operations (Marine Safety) Act 1994 .\n- (a) a watercraft being used for official duty by the Commonwealth, a State or a local government;\n- (b) a watercraft owned by the State;\n- (c) a watercraft being used to carry out approved works.","sortOrder":6},{"sectionNumber":"pt.3","sectionType":"part","heading":"Anchoring, mooring and grounding restrictions","content":"# Anchoring, mooring and grounding restrictions","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Prohibition on anchoring etc. in particular regulated waters","content":"### sec.6 Prohibition on anchoring etc. in particular regulated waters\n\nSubsection (2) applies to the regulated waters within 30m of—\nan approved structure; or\na watercraft moored to an approved structure.\nThe owner or operator of a watercraft must not cause or allow the watercraft—\nto be anchored or moored in the waters; or\nif the watercraft is aground at a place in the waters—to be kept at the place.\nMaximum penalty—40 penalty units.\nSubsection (4) applies to the Sunshine Coast waters described in schedule 2 , part 2 , division 1 .\nThe owner or operator of a watercraft must not cause or allow the watercraft—\nto be moored in the waters; or\nif it is aground at a place in the waters—to be kept at the place.\nMaximum penalty—20 penalty units.\nSubsection (6) applies to the Sunshine Coast waters described in schedule 2 , part 2 , division 2 .\nThe owner or operator of a watercraft that is more than 5m must not cause or allow the watercraft—\nif it is unoccupied—to be anchored in the waters; or\nif it is aground at a place in the waters—to be kept at the place.\nMaximum penalty—20 penalty units.\nSee also sections 14 and 20 for when a person does not contravene this section.\n(sec.6-ssec.1) Subsection (2) applies to the regulated waters within 30m of— an approved structure; or a watercraft moored to an approved structure.\n(sec.6-ssec.2) The owner or operator of a watercraft must not cause or allow the watercraft— to be anchored or moored in the waters; or if the watercraft is aground at a place in the waters—to be kept at the place. Maximum penalty—40 penalty units.\n(sec.6-ssec.3) Subsection (4) applies to the Sunshine Coast waters described in schedule 2 , part 2 , division 1 .\n(sec.6-ssec.4) The owner or operator of a watercraft must not cause or allow the watercraft— to be moored in the waters; or if it is aground at a place in the waters—to be kept at the place. Maximum penalty—20 penalty units.\n(sec.6-ssec.5) Subsection (6) applies to the Sunshine Coast waters described in schedule 2 , part 2 , division 2 .\n(sec.6-ssec.6) The owner or operator of a watercraft that is more than 5m must not cause or allow the watercraft— if it is unoccupied—to be anchored in the waters; or if it is aground at a place in the waters—to be kept at the place. Maximum penalty—20 penalty units. See also sections 14 and 20 for when a person does not contravene this section.\n- (a) an approved structure; or\n- (b) a watercraft moored to an approved structure.\n- (a) to be anchored or moored in the waters; or\n- (b) if the watercraft is aground at a place in the waters—to be kept at the place.\n- (a) to be moored in the waters; or\n- (b) if it is aground at a place in the waters—to be kept at the place.\n- (a) if it is unoccupied—to be anchored in the waters; or\n- (b) if it is aground at a place in the waters—to be kept at the place.","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"Particular regulated waters where watercraft not to be anchored etc. for more than 24 hours","content":"### sec.7 Particular regulated waters where watercraft not to be anchored etc. for more than 24 hours\n\nThis section applies to the Gold Coast waters described in schedule 1 , part 2 , division 1 .\nThe owner or operator of a watercraft must not cause or allow the watercraft—\nto be anchored or moored, whether at 1 or more locations, in the waters for more than 24 consecutive hours in any 30 day period; or\nif the watercraft is aground at a place in the waters—to be kept at the place, whether at 1 or more locations, for more than 24 consecutive hours in any 30 day period.\nMaximum penalty—20 penalty units.\nSee also section 20 for when a person does not contravene this section.\n(sec.7-ssec.1) This section applies to the Gold Coast waters described in schedule 1 , part 2 , division 1 .\n(sec.7-ssec.2) The owner or operator of a watercraft must not cause or allow the watercraft— to be anchored or moored, whether at 1 or more locations, in the waters for more than 24 consecutive hours in any 30 day period; or if the watercraft is aground at a place in the waters—to be kept at the place, whether at 1 or more locations, for more than 24 consecutive hours in any 30 day period. Maximum penalty—20 penalty units. See also section 20 for when a person does not contravene this section.\n- (a) to be anchored or moored, whether at 1 or more locations, in the waters for more than 24 consecutive hours in any 30 day period; or\n- (b) if the watercraft is aground at a place in the waters—to be kept at the place, whether at 1 or more locations, for more than 24 consecutive hours in any 30 day period.","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"Particular regulated waters where watercraft not to be anchored etc. for more than 7 days","content":"### sec.8 Particular regulated waters where watercraft not to be anchored etc. for more than 7 days\n\nThis section applies to the Gold Coast waters described in schedule 1 , part 2 , division 2 ;\nThe owner or operator of a watercraft must not cause or allow the watercraft—\nto be anchored or moored, whether at 1 or more locations, in the waters for more than 7 consecutive days in any 60 day period; or\nif the watercraft is aground at a place in the waters—to be kept at the place, whether at 1 or more locations, for more than 7 consecutive days in any 60 day period.\nMaximum penalty—20 penalty units.\nSee also section 20 for when a person does not contravene this section.\n(sec.8-ssec.1) This section applies to the Gold Coast waters described in schedule 1 , part 2 , division 2 ;\n(sec.8-ssec.2) The owner or operator of a watercraft must not cause or allow the watercraft— to be anchored or moored, whether at 1 or more locations, in the waters for more than 7 consecutive days in any 60 day period; or if the watercraft is aground at a place in the waters—to be kept at the place, whether at 1 or more locations, for more than 7 consecutive days in any 60 day period. Maximum penalty—20 penalty units. See also section 20 for when a person does not contravene this section.\n- (a) to be anchored or moored, whether at 1 or more locations, in the waters for more than 7 consecutive days in any 60 day period; or\n- (b) if the watercraft is aground at a place in the waters—to be kept at the place, whether at 1 or more locations, for more than 7 consecutive days in any 60 day period.","sortOrder":10},{"sectionNumber":"sec.9","sectionType":"section","heading":"Particular regulated waters where watercraft must not be anchored etc. for more than 7 days in 1 location","content":"### sec.9 Particular regulated waters where watercraft must not be anchored etc. for more than 7 days in 1 location\n\nThis section applies to the Gold Coast waters described in schedule 1 , part 2 , division 3 .\nThe owner or operator of a watercraft must not cause or allow the watercraft—\nto be anchored or moored in the waters within 1n mile of the 1 place for more than 7 consecutive days in any 60 day period; or\nto be kept aground within 1n mile of the 1 place for more than 7 consecutive days in any 60 day period.\nMaximum penalty—20 penalty units.\nSee also section 20 for when a person does not contravene this section.\n(sec.9-ssec.1) This section applies to the Gold Coast waters described in schedule 1 , part 2 , division 3 .\n(sec.9-ssec.2) The owner or operator of a watercraft must not cause or allow the watercraft— to be anchored or moored in the waters within 1n mile of the 1 place for more than 7 consecutive days in any 60 day period; or to be kept aground within 1n mile of the 1 place for more than 7 consecutive days in any 60 day period. Maximum penalty—20 penalty units. See also section 20 for when a person does not contravene this section.\n- (a) to be anchored or moored in the waters within 1n mile of the 1 place for more than 7 consecutive days in any 60 day period; or\n- (b) to be kept aground within 1n mile of the 1 place for more than 7 consecutive days in any 60 day period.","sortOrder":11},{"sectionNumber":"pt.4","sectionType":"part","heading":"Living on board watercraft","content":"# Living on board watercraft","sortOrder":12},{"sectionNumber":"sec.10","sectionType":"section","heading":"Time limit for living on board watercraft in particular regulated waters","content":"### sec.10 Time limit for living on board watercraft in particular regulated waters\n\nThis section applies to Gold Coast waters.\nThe owner or operator of a watercraft must not live, or allow anyone else to live, on board the watercraft in the waters, at, or within 3n miles of, the 1 place for more than 7 consecutive days in any 60 day period.\nMaximum penalty—20 penalty units.\nA person does not contravene subsection (2) if the watercraft is at a marina with toilets and washing facilities.\nSee also section 20 for when a person does not contravene this section.\n(sec.10-ssec.1) This section applies to Gold Coast waters.\n(sec.10-ssec.2) The owner or operator of a watercraft must not live, or allow anyone else to live, on board the watercraft in the waters, at, or within 3n miles of, the 1 place for more than 7 consecutive days in any 60 day period. Maximum penalty—20 penalty units.\n(sec.10-ssec.3) A person does not contravene subsection (2) if the watercraft is at a marina with toilets and washing facilities. See also section 20 for when a person does not contravene this section.","sortOrder":13},{"sectionNumber":"sec.11","sectionType":"section","heading":"Restrictions on living on board watercraft in particular regulated waters without approval","content":"### sec.11 Restrictions on living on board watercraft in particular regulated waters without approval\n\nSubsection (2) applies to the Sunshine Coast waters described in schedule 2 , part 2 , division 3 .\nThe owner or operator of a watercraft must not live, or allow another person to live, on board the watercraft in the waters, whether temporarily, intermittently or permanently, unless the living on board is in accordance with a living on board approval.\nMaximum penalty—20 penalty units.\nSubsection (4) applies to Sunshine Coast waters, other than the waters mentioned in subsection (1) .\nThe owner or operator of a relevant watercraft must not cause or allow the watercraft to remain in the waters for more than 48 hours unless the living on board is in accordance with a living on board approval.\nMaximum penalty—20 penalty units.\nIn this section—\nrelevant watercraft means a watercraft, other than a commercial houseboat, being used for living on board whether temporarily, intermittently or permanently.\nHowever, see section 12 (Living on board approval) and also section 20 for when a person does not contravene this section.\n(sec.11-ssec.1) Subsection (2) applies to the Sunshine Coast waters described in schedule 2 , part 2 , division 3 .\n(sec.11-ssec.2) The owner or operator of a watercraft must not live, or allow another person to live, on board the watercraft in the waters, whether temporarily, intermittently or permanently, unless the living on board is in accordance with a living on board approval. Maximum penalty—20 penalty units.\n(sec.11-ssec.3) Subsection (4) applies to Sunshine Coast waters, other than the waters mentioned in subsection (1) .\n(sec.11-ssec.4) The owner or operator of a relevant watercraft must not cause or allow the watercraft to remain in the waters for more than 48 hours unless the living on board is in accordance with a living on board approval. Maximum penalty—20 penalty units.\n(sec.11-ssec.5) In this section— relevant watercraft means a watercraft, other than a commercial houseboat, being used for living on board whether temporarily, intermittently or permanently. However, see section 12 (Living on board approval) and also section 20 for when a person does not contravene this section.","sortOrder":14},{"sectionNumber":"sec.12","sectionType":"section","heading":"Living on board approval—regulated waters mentioned in s 11","content":"### sec.12 Living on board approval—regulated waters mentioned in s 11\n\nThe owner or operator of a watercraft may apply to the chief executive for an approval (a living on board approval ) authorising the owner, operator or another stated person to live on board the watercraft and remain in the waters.\nThe procedure for obtaining the approval is in part 7 (Approvals).","sortOrder":15},{"sectionNumber":"sec.13","sectionType":"section","heading":"Watercraft used for living on board in particular regulated waters to have waste holding system","content":"### sec.13 Watercraft used for living on board in particular regulated waters to have waste holding system\n\nThis section applies—\nif a watercraft is being used for living on board, whether temporarily, intermittently or permanently, in Sunshine Coast waters; and\nwhether or not the watercraft is occupied.\nThe owner and the operator of the watercraft must ensure that the watercraft has a waste holding system while the watercraft is in the waters.\nMaximum penalty—20 penalty units.\nThe operator of the watercraft must ensure that none of the contents of the waste holding system is discharged into the waters.\nMaximum penalty—20 penalty units.\nThe operator of the watercraft must ensure that a fixed or mobile pump-out facility is used to empty the contents of the waste holding system while the watercraft is in the waters.\nMaximum penalty—20 penalty units.\nThe owner or operator of the watercraft must keep a written record of all of the following for each discharge of the waste holding system while the water craft is in the waters—\nthe date when, and the place where, the contents of the system were discharged; and\nthe quantity of the contents discharged.\nMaximum penalty—20 penalty units.\nIn this section—\nwaste holding system , for a watercraft, means a waste holding tank connected to each source of sewerage or waste water on the watercraft.\nSee also section 20 for when a person does not contravene subsections (2) , (4) or (5) .\n(sec.13-ssec.1) This section applies— if a watercraft is being used for living on board, whether temporarily, intermittently or permanently, in Sunshine Coast waters; and whether or not the watercraft is occupied.\n(sec.13-ssec.2) The owner and the operator of the watercraft must ensure that the watercraft has a waste holding system while the watercraft is in the waters. Maximum penalty—20 penalty units.\n(sec.13-ssec.3) The operator of the watercraft must ensure that none of the contents of the waste holding system is discharged into the waters. Maximum penalty—20 penalty units.\n(sec.13-ssec.4) The operator of the watercraft must ensure that a fixed or mobile pump-out facility is used to empty the contents of the waste holding system while the watercraft is in the waters. Maximum penalty—20 penalty units.\n(sec.13-ssec.5) The owner or operator of the watercraft must keep a written record of all of the following for each discharge of the waste holding system while the water craft is in the waters— the date when, and the place where, the contents of the system were discharged; and the quantity of the contents discharged. Maximum penalty—20 penalty units.\n(sec.13-ssec.6) In this section— waste holding system , for a watercraft, means a waste holding tank connected to each source of sewerage or waste water on the watercraft. See also section 20 for when a person does not contravene subsections (2) , (4) or (5) .\n- (a) if a watercraft is being used for living on board, whether temporarily, intermittently or permanently, in Sunshine Coast waters; and\n- (b) whether or not the watercraft is occupied.\n- (a) the date when, and the place where, the contents of the system were discharged; and\n- (b) the quantity of the contents discharged.","sortOrder":16},{"sectionNumber":"pt.5","sectionType":"part","heading":"Managing on-water activities","content":"# Managing on-water activities","sortOrder":17},{"sectionNumber":"sec.14","sectionType":"section","heading":"Prohibition on using particular regulated waters for construction etc. without approval","content":"### sec.14 Prohibition on using particular regulated waters for construction etc. without approval\n\nA person must not cause or allow a watercraft to anchor or moor in or otherwise use Sunshine Coast waters if the watercraft—\nis under construction; or\nis undergoing reconstruction; or\nis being refitted; or\nis undergoing structural repair.\nMaximum penalty—20 penalty units.\nA person does not contravene subsection (1) or section 6 if the construction, reconstruction, refitting or structural repair is carried out—\nin accordance with a watercraft works approval; or\nat a commercial facility for building or repairing watercraft.\n(sec.14-ssec.1) A person must not cause or allow a watercraft to anchor or moor in or otherwise use Sunshine Coast waters if the watercraft— is under construction; or is undergoing reconstruction; or is being refitted; or is undergoing structural repair. Maximum penalty—20 penalty units.\n(sec.14-ssec.2) A person does not contravene subsection (1) or section 6 if the construction, reconstruction, refitting or structural repair is carried out— in accordance with a watercraft works approval; or at a commercial facility for building or repairing watercraft.\n- (a) is under construction; or\n- (b) is undergoing reconstruction; or\n- (c) is being refitted; or\n- (d) is undergoing structural repair.\n- (a) in accordance with a watercraft works approval; or\n- (b) at a commercial facility for building or repairing watercraft.","sortOrder":18},{"sectionNumber":"sec.15","sectionType":"section","heading":"Watercraft works approval","content":"### sec.15 Watercraft works approval\n\nA person may apply to the chief executive for an approval (a watercraft works approval ) to construct, reconstruct, refit or make structural repairs to a watercraft in the Sunshine Coast waters.\nThe procedure for obtaining the approval is in part 7 (Approvals).","sortOrder":19},{"sectionNumber":"sec.16","sectionType":"section","heading":"Prohibition on take off from or landing on regulated waters without approval","content":"### sec.16 Prohibition on take off from or landing on regulated waters without approval\n\nThe pilot of an aircraft engaged in a commercial activity must not take off from regulated waters unless the take off is authorised under a take off and landing approval.\nMaximum penalty—40 penalty units.\nThe pilot of an aircraft engaged in a commercial activity must not land on regulated waters unless the landing is authorised under a take off and landing approval.\nMaximum penalty—40 penalty units.\ns 16 amd 2015 SL No. 160 s 14\n(sec.16-ssec.1) The pilot of an aircraft engaged in a commercial activity must not take off from regulated waters unless the take off is authorised under a take off and landing approval. Maximum penalty—40 penalty units.\n(sec.16-ssec.2) The pilot of an aircraft engaged in a commercial activity must not land on regulated waters unless the landing is authorised under a take off and landing approval. Maximum penalty—40 penalty units.","sortOrder":20},{"sectionNumber":"sec.17","sectionType":"section","heading":"Take off and landing approval","content":"### sec.17 Take off and landing approval\n\nA person may apply to an administering agency for approval for a stated aircraft that will be engaged in a commercial activity to take off from a stated area, or land in a stated area, in regulated waters (a take off and landing approval ).\nThe procedure for obtaining the approval is in part 7 (Approvals).\ns 17 amd 2015 SL No. 160 s 15","sortOrder":21},{"sectionNumber":"sec.18","sectionType":"section","heading":"Prohibition on water-skiing in particular regulated waters","content":"### sec.18 Prohibition on water-skiing in particular regulated waters\n\nA person must not waterski in the Gold Coast waters described in schedule 1 , part 2 , division 4 .\nMaximum penalty—40 penalty units.","sortOrder":22},{"sectionNumber":"sec.19","sectionType":"section","heading":"Prohibition on freestyling, surfing and wave jumping in particular regulated waters","content":"### sec.19 Prohibition on freestyling, surfing and wave jumping in particular regulated waters\n\nA person must not use a watercraft to freestyle, surf or wave jump in the following regulated waters—\nthe Gold Coast waters described in schedule 1 , part 2 , division 5 ;\nthe Sunshine Coast waters described in schedule 2 , part 2 , division 4 .\nMaximum penalty—40 penalty units.\nA person must not use a watercraft to freestyle, surf or wave jump in regulated waters that are—\nwithin 30m of another watercraft; or\nwithin 60m of a person in the water.\nMaximum penalty—40 penalty units.\n(sec.19-ssec.1) A person must not use a watercraft to freestyle, surf or wave jump in the following regulated waters— the Gold Coast waters described in schedule 1 , part 2 , division 5 ; the Sunshine Coast waters described in schedule 2 , part 2 , division 4 . Maximum penalty—40 penalty units.\n(sec.19-ssec.2) A person must not use a watercraft to freestyle, surf or wave jump in regulated waters that are— within 30m of another watercraft; or within 60m of a person in the water. Maximum penalty—40 penalty units.\n- (a) the Gold Coast waters described in schedule 1 , part 2 , division 5 ;\n- (b) the Sunshine Coast waters described in schedule 2 , part 2 , division 4 .\n- (a) within 30m of another watercraft; or\n- (b) within 60m of a person in the water.","sortOrder":23},{"sectionNumber":"pt.6","sectionType":"part","heading":"Exemptions","content":"# Exemptions","sortOrder":24},{"sectionNumber":"sec.20","sectionType":"section","heading":"Exemption for marine safety","content":"### sec.20 Exemption for marine safety\n\nA person does not contravene an exemption provision if a watercraft owned or operated by the person has entered regulated waters, in relation to which the provision applies, from seaward while on a genuine voyage along the coast or an international voyage if—\nentry was made for the purpose of—\ntaking shelter from adverse weather; or\nmaking urgent repairs; and\nif a person is living on board the watercraft—the living on board is for no more than 10 consecutive days.\nIn this section—\nexemption provision means a provision of part 3 or section 10 (2) , 11 (2) or (4) , 13 (2) , (4) or (5) or 14 .\n(sec.20-ssec.1) A person does not contravene an exemption provision if a watercraft owned or operated by the person has entered regulated waters, in relation to which the provision applies, from seaward while on a genuine voyage along the coast or an international voyage if— entry was made for the purpose of— taking shelter from adverse weather; or making urgent repairs; and if a person is living on board the watercraft—the living on board is for no more than 10 consecutive days.\n(sec.20-ssec.2) In this section— exemption provision means a provision of part 3 or section 10 (2) , 11 (2) or (4) , 13 (2) , (4) or (5) or 14 .\n- (a) entry was made for the purpose of— (i) taking shelter from adverse weather; or (ii) making urgent repairs; and\n- (i) taking shelter from adverse weather; or\n- (ii) making urgent repairs; and\n- (b) if a person is living on board the watercraft—the living on board is for no more than 10 consecutive days.\n- (i) taking shelter from adverse weather; or\n- (ii) making urgent repairs; and","sortOrder":25},{"sectionNumber":"pt.7","sectionType":"part","heading":"Approvals","content":"# Approvals","sortOrder":26},{"sectionNumber":"sec.21","sectionType":"section","heading":"Administering agency may issue","content":"### sec.21 Administering agency may issue\n\nAn administering agency may issue an approval for an activity for regulated waters.\nAn application for an approval must be—\nin the approved form; and\nsupported by enough information to enable the administering agency to decide the application; and\nfor a take off and landing approval—accompanied by the application fee for the approval.\n(sec.21-ssec.1) An administering agency may issue an approval for an activity for regulated waters.\n(sec.21-ssec.2) An application for an approval must be— in the approved form; and supported by enough information to enable the administering agency to decide the application; and for a take off and landing approval—accompanied by the application fee for the approval.\n- (a) in the approved form; and\n- (b) supported by enough information to enable the administering agency to decide the application; and\n- (c) for a take off and landing approval—accompanied by the application fee for the approval.","sortOrder":27},{"sectionNumber":"sec.22","sectionType":"section","heading":"Granting or refusing application","content":"### sec.22 Granting or refusing application\n\nThe administering agency for regulated waters must consider an application for an approval and either—\ngrant the application, with or without conditions; or\nrefuse to grant the application.\nIn deciding the application the administering agency must consider—\nwhether the proposed location is appropriate for the activity; and\nfor a take off and landing approval—the applicant’s proposed safety procedures; and\nexisting use of the regulated waters in the location and residential, recreational and commercial areas adjacent to the location; and\nthe interests of other users of the waters; and\nnoise, amenity and characteristics of the waters; and\nthe applicant’s ability to comply with the requirements of the applicant under a relevant law; and\nfor a living on board approval or watercraft works approval—the proximity or availability of more appropriate commercial facilities to moor or store the watercraft or undertake watercraft maintenance; and\nwhether the applicant has paid the application fee.\nIf the administering agency decides to grant the application on conditions, the administering agency must give the applicant written notice of the conditions and the reasons for the conditions.\nIf the administering agency decides to refuse to grant the application, the administering agency must give the applicant written notice of the refusal and the reasons for the refusal.\nIf the approval is subject to conditions, the approval holder must comply with the conditions, unless the holder has a reasonable excuse.\nMaximum penalty—40 penalty units.\nA notice under subsection (3) or (4) must also state the prescribed review information for the decision.\nAn approval is for the period stated in the approval.\nThe approval must be kept on the aircraft, or watercraft, to which the approval relates.\nIn this section—\nrelevant law means—\nthe domestic commercial vessel national law; and\nthe Transport Operations (Marine Pollution) Act 1995 ; and\nthe Transport Operations (Marine Safety) Act 1994 .\ns 22 amd 2016 SL No. 154 s 253 sch 10\n(sec.22-ssec.1) The administering agency for regulated waters must consider an application for an approval and either— grant the application, with or without conditions; or refuse to grant the application.\n(sec.22-ssec.2) In deciding the application the administering agency must consider— whether the proposed location is appropriate for the activity; and for a take off and landing approval—the applicant’s proposed safety procedures; and existing use of the regulated waters in the location and residential, recreational and commercial areas adjacent to the location; and the interests of other users of the waters; and noise, amenity and characteristics of the waters; and the applicant’s ability to comply with the requirements of the applicant under a relevant law; and for a living on board approval or watercraft works approval—the proximity or availability of more appropriate commercial facilities to moor or store the watercraft or undertake watercraft maintenance; and whether the applicant has paid the application fee.\n(sec.22-ssec.3) If the administering agency decides to grant the application on conditions, the administering agency must give the applicant written notice of the conditions and the reasons for the conditions.\n(sec.22-ssec.4) If the administering agency decides to refuse to grant the application, the administering agency must give the applicant written notice of the refusal and the reasons for the refusal.\n(sec.22-ssec.5) If the approval is subject to conditions, the approval holder must comply with the conditions, unless the holder has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.22-ssec.6) A notice under subsection (3) or (4) must also state the prescribed review information for the decision.\n(sec.22-ssec.7) An approval is for the period stated in the approval.\n(sec.22-ssec.8) The approval must be kept on the aircraft, or watercraft, to which the approval relates.\n(sec.22-ssec.9) In this section— relevant law means— the domestic commercial vessel national law; and the Transport Operations (Marine Pollution) Act 1995 ; and the Transport Operations (Marine Safety) Act 1994 .\n- (a) grant the application, with or without conditions; or\n- (b) refuse to grant the application.\n- (a) whether the proposed location is appropriate for the activity; and\n- (b) for a take off and landing approval—the applicant’s proposed safety procedures; and\n- (c) existing use of the regulated waters in the location and residential, recreational and commercial areas adjacent to the location; and\n- (d) the interests of other users of the waters; and\n- (e) noise, amenity and characteristics of the waters; and\n- (f) the applicant’s ability to comply with the requirements of the applicant under a relevant law; and\n- (g) for a living on board approval or watercraft works approval—the proximity or availability of more appropriate commercial facilities to moor or store the watercraft or undertake watercraft maintenance; and\n- (h) whether the applicant has paid the application fee.\n- (a) the domestic commercial vessel national law; and\n- (b) the Transport Operations (Marine Pollution) Act 1995 ; and\n- (c) the Transport Operations (Marine Safety) Act 1994 .","sortOrder":28},{"sectionNumber":"sec.23","sectionType":"section","heading":"Renewal","content":"### sec.23 Renewal\n\nAn approval holder for an approval may apply to the administering agency for regulated waters for the approval for the renewal of the approval.\nThe application must be—\nmade in the approved form; and\nsupported by enough information to enable the administering agency to decide the application; and\nfor a take off and landing approval—accompanied by the application fee for the renewal.\nSection 22 applies to an application for renewal of an approval in the same way it applies to an application for an approval.\nWithout limiting subsection (3) , the administering agency may refuse to renew the approval if—\nthe approval was issued or renewed because of information that is false or misleading; or\nit is necessary for public safety.\ns 23 amd 2017 SL No. 70 s 18\n(sec.23-ssec.1) An approval holder for an approval may apply to the administering agency for regulated waters for the approval for the renewal of the approval.\n(sec.23-ssec.2) The application must be— made in the approved form; and supported by enough information to enable the administering agency to decide the application; and for a take off and landing approval—accompanied by the application fee for the renewal.\n(sec.23-ssec.3) Section 22 applies to an application for renewal of an approval in the same way it applies to an application for an approval.\n(sec.23-ssec.4) Without limiting subsection (3) , the administering agency may refuse to renew the approval if— the approval was issued or renewed because of information that is false or misleading; or it is necessary for public safety.\n- (a) made in the approved form; and\n- (b) supported by enough information to enable the administering agency to decide the application; and\n- (c) for a take off and landing approval—accompanied by the application fee for the renewal.\n- (a) the approval was issued or renewed because of information that is false or misleading; or\n- (b) it is necessary for public safety.","sortOrder":29},{"sectionNumber":"sec.24","sectionType":"section","heading":"Amending, suspending, or cancelling","content":"### sec.24 Amending, suspending, or cancelling\n\nThe administering agency for regulated waters may amend, suspend, or cancel an approval holder’s approval on any of the following grounds—\nthe approval was issued or renewed because of information that is false or misleading;\nit is necessary for public safety;\nthe effective management of a waterway;\nthe person contravenes a relevant law, including a condition of the approval.\nIn this section—\nrelevant law means any of the following—\nthe Act , chapter 15 , part 2 ;\nthe domestic commercial vessel national law;\nthe Transport Operations (Marine Pollution) Act 1995 ;\nthe Transport Operations (Marine Safety) Act 1994 .\ns 24 amd 2016 SL No. 154 s 253 sch 10\n(sec.24-ssec.1) The administering agency for regulated waters may amend, suspend, or cancel an approval holder’s approval on any of the following grounds— the approval was issued or renewed because of information that is false or misleading; it is necessary for public safety; the effective management of a waterway; the person contravenes a relevant law, including a condition of the approval.\n(sec.24-ssec.2) In this section— relevant law means any of the following— the Act , chapter 15 , part 2 ; the domestic commercial vessel national law; the Transport Operations (Marine Pollution) Act 1995 ; the Transport Operations (Marine Safety) Act 1994 .\n- (a) the approval was issued or renewed because of information that is false or misleading;\n- (b) it is necessary for public safety;\n- (c) the effective management of a waterway;\n- (d) the person contravenes a relevant law, including a condition of the approval.\n- (a) the Act , chapter 15 , part 2 ;\n- (b) the domestic commercial vessel national law;\n- (c) the Transport Operations (Marine Pollution) Act 1995 ;\n- (d) the Transport Operations (Marine Safety) Act 1994 .","sortOrder":30},{"sectionNumber":"sec.25","sectionType":"section","heading":"Procedure for amending, suspending or cancelling","content":"### sec.25 Procedure for amending, suspending or cancelling\n\nThis section applies if the administering agency for regulated waters considers there is a ground to amend, suspend or cancel an approval holder’s approval (the proposed action ).\nBefore taking the proposed action, the administering agency must give the approval holder a written notice stating—\nthe proposed action; and\nthe grounds for the proposed action; and\nan outline of the facts and circumstances forming the basis for the grounds; and\nif the proposed action is suspension of the approval—the proposed suspension period; and\nan invitation to the approval holder to show, within a stated time, of at least 14 days after the notice is given, why the proposed action should not be taken.\nIf, after considering all written representations made within the stated time, the administering agency still considers a ground to take the proposed action exists, the administering agency may—\nif the proposed action was to amend the approval—amend the approval; or\nif the proposed action was to suspend the approval—suspend the approval for no longer than the period stated in the notice; or\nif the proposed action was to cancel the approval—amend the approval, suspend it for a period or cancel it.\nThe administering agency must inform the approval holder of the decision by giving the approval holder written notice.\nIf the administering agency decides to amend, suspend or cancel the approval, the notice must state—\nthe reasons for the decision; and\nthe prescribed review information for the decision.\nThe decision takes effect on the later of the following—\nthe day the notice is given to the approval holder; or\nthe day of effect stated in the notice.\nHowever, if the approval is suspended or cancelled because of the conviction of a person for an offence—\nthe suspension or cancellation does not take effect until—\nthe end of the time to appeal against the conviction; and\nif an appeal is made against the conviction—the appeal is finally decided; and\nthe suspension or cancellation has no effect if the conviction is quashed on appeal.\n(sec.25-ssec.1) This section applies if the administering agency for regulated waters considers there is a ground to amend, suspend or cancel an approval holder’s approval (the proposed action ).\n(sec.25-ssec.2) Before taking the proposed action, the administering agency must give the approval holder a written notice stating— the proposed action; and the grounds for the proposed action; and an outline of the facts and circumstances forming the basis for the grounds; and if the proposed action is suspension of the approval—the proposed suspension period; and an invitation to the approval holder to show, within a stated time, of at least 14 days after the notice is given, why the proposed action should not be taken.\n(sec.25-ssec.3) If, after considering all written representations made within the stated time, the administering agency still considers a ground to take the proposed action exists, the administering agency may— if the proposed action was to amend the approval—amend the approval; or if the proposed action was to suspend the approval—suspend the approval for no longer than the period stated in the notice; or if the proposed action was to cancel the approval—amend the approval, suspend it for a period or cancel it.\n(sec.25-ssec.4) The administering agency must inform the approval holder of the decision by giving the approval holder written notice.\n(sec.25-ssec.5) If the administering agency decides to amend, suspend or cancel the approval, the notice must state— the reasons for the decision; and the prescribed review information for the decision.\n(sec.25-ssec.6) The decision takes effect on the later of the following— the day the notice is given to the approval holder; or the day of effect stated in the notice.\n(sec.25-ssec.7) However, if the approval is suspended or cancelled because of the conviction of a person for an offence— the suspension or cancellation does not take effect until— the end of the time to appeal against the conviction; and if an appeal is made against the conviction—the appeal is finally decided; and the suspension or cancellation has no effect if the conviction is quashed on appeal.\n- (a) the proposed action; and\n- (b) the grounds for the proposed action; and\n- (c) an outline of the facts and circumstances forming the basis for the grounds; and\n- (d) if the proposed action is suspension of the approval—the proposed suspension period; and\n- (e) an invitation to the approval holder to show, within a stated time, of at least 14 days after the notice is given, why the proposed action should not be taken.\n- (a) if the proposed action was to amend the approval—amend the approval; or\n- (b) if the proposed action was to suspend the approval—suspend the approval for no longer than the period stated in the notice; or\n- (c) if the proposed action was to cancel the approval—amend the approval, suspend it for a period or cancel it.\n- (a) the reasons for the decision; and\n- (b) the prescribed review information for the decision.\n- (a) the day the notice is given to the approval holder; or\n- (b) the day of effect stated in the notice.\n- (a) the suspension or cancellation does not take effect until— (i) the end of the time to appeal against the conviction; and (ii) if an appeal is made against the conviction—the appeal is finally decided; and\n- (i) the end of the time to appeal against the conviction; and\n- (ii) if an appeal is made against the conviction—the appeal is finally decided; and\n- (b) the suspension or cancellation has no effect if the conviction is quashed on appeal.\n- (i) the end of the time to appeal against the conviction; and\n- (ii) if an appeal is made against the conviction—the appeal is finally decided; and","sortOrder":31},{"sectionNumber":"sec.26","sectionType":"section","heading":"Procedure for urgent suspension","content":"### sec.26 Procedure for urgent suspension\n\nDespite section 25 (1) to (6) , if the administering agency that issued or renewed an approval considers it is necessary for public safety, or for the efficiency of a waterway, the administering agency may, by written notice given to the approval holder for the approval, decide to immediately suspend the approval until the earlier of the following—\nthe administering agency informs the approval holder of the administering agency’s decision under section 25 ;\nthe end of 56 days after the notice is given to the approval holder.\nThe notice must state—\nthe reasons for the decision; and\nthe prescribed review information for the decision.\n(sec.26-ssec.1) Despite section 25 (1) to (6) , if the administering agency that issued or renewed an approval considers it is necessary for public safety, or for the efficiency of a waterway, the administering agency may, by written notice given to the approval holder for the approval, decide to immediately suspend the approval until the earlier of the following— the administering agency informs the approval holder of the administering agency’s decision under section 25 ; the end of 56 days after the notice is given to the approval holder.\n(sec.26-ssec.2) The notice must state— the reasons for the decision; and the prescribed review information for the decision.\n- (a) the administering agency informs the approval holder of the administering agency’s decision under section 25 ;\n- (b) the end of 56 days after the notice is given to the approval holder.\n- (a) the reasons for the decision; and\n- (b) the prescribed review information for the decision.","sortOrder":32},{"sectionNumber":"sec.27","sectionType":"section","heading":"Effect of suspension on renewal","content":"### sec.27 Effect of suspension on renewal\n\nAn approval that is suspended may be renewed.\nHowever, the suspension continues until the end of the suspension period.\n(sec.27-ssec.1) An approval that is suspended may be renewed.\n(sec.27-ssec.2) However, the suspension continues until the end of the suspension period.","sortOrder":33},{"sectionNumber":"sec.28","sectionType":"section","heading":"Approval to be returned after suspension or cancellation","content":"### sec.28 Approval to be returned after suspension or cancellation\n\nA person whose approval is suspended or cancelled must return the issued or renewed approval to the administering agency within 7 days after the suspension or cancellation takes effect, unless the person has a reasonable excuse.\nMaximum penalty—20 penalty units.\nIf an issued approval is returned to the administering agency because of a suspension of the approval, the administering agency must return it to the approval holder at the end of the period of suspension.\nIn this section—\nadministering agency , for an approval, means the administering agency that issued the approval.\n(sec.28-ssec.1) A person whose approval is suspended or cancelled must return the issued or renewed approval to the administering agency within 7 days after the suspension or cancellation takes effect, unless the person has a reasonable excuse. Maximum penalty—20 penalty units.\n(sec.28-ssec.2) If an issued approval is returned to the administering agency because of a suspension of the approval, the administering agency must return it to the approval holder at the end of the period of suspension.\n(sec.28-ssec.3) In this section— administering agency , for an approval, means the administering agency that issued the approval.","sortOrder":34},{"sectionNumber":"sec.29","sectionType":"section","heading":"Application of Act, ss 485 and 485A for review of decisions of chief executive","content":"### sec.29 Application of Act, ss 485 and 485A for review of decisions of chief executive\n\nSections 485 and 485A of the Act apply to a decision made by the chief executive as if—\nthe decision were a decision mentioned in schedule 3 of the Act ; and\nQCAT were stated opposite the decision in that schedule.\nIn this section—\ndecision , made by the chief executive, means—\na decision to grant an approval on conditions;\na decision to refuse an application for an approval;\na decision to amend, suspend or cancel an approval.\n(sec.29-ssec.1) Sections 485 and 485A of the Act apply to a decision made by the chief executive as if— the decision were a decision mentioned in schedule 3 of the Act ; and QCAT were stated opposite the decision in that schedule.\n(sec.29-ssec.2) In this section— decision , made by the chief executive, means— a decision to grant an approval on conditions; a decision to refuse an application for an approval; a decision to amend, suspend or cancel an approval.\n- (a) the decision were a decision mentioned in schedule 3 of the Act ; and\n- (b) QCAT were stated opposite the decision in that schedule.\n- (a) a decision to grant an approval on conditions;\n- (b) a decision to refuse an application for an approval;\n- (c) a decision to amend, suspend or cancel an approval.","sortOrder":35},{"sectionNumber":"sec.30","sectionType":"section","heading":"Gold Coast Waterways Authority Act 2012 , ss 36 and 37 apply for review of decisions made by Authority","content":"### sec.30 Gold Coast Waterways Authority Act 2012 , ss 36 and 37 apply for review of decisions made by Authority\n\nThe Gold Coast Waterways Authority Act 2012 , sections 36 and 37 apply to the following decisions made by the Authority—\na decision to grant an approval on conditions;\na decision to refuse an application for an approval;\na decision to amend, suspend or cancel an approval.\n- (a) a decision to grant an approval on conditions;\n- (b) a decision to refuse an application for an approval;\n- (c) a decision to amend, suspend or cancel an approval.","sortOrder":36},{"sectionNumber":"pt.8","sectionType":"part","heading":"Fees","content":"# Fees","sortOrder":37},{"sectionNumber":"sec.31","sectionType":"section","heading":"Fees","content":"### sec.31 Fees\n\nThe fees payable under this regulation are stated in schedule 3 .","sortOrder":38},{"sectionNumber":"sec.31A","sectionType":"section","heading":"Rounding of amounts expressed as numbers of fee units","content":"### sec.31A Rounding of amounts expressed as numbers of fee units\n\nThis section applies for working out the amount of a fee expressed in this regulation as a number of fee units.\nFor the purposes of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded to the nearest multiple of 5 cents (rounding one-half upwards).\nIf a fee were 35 fee units and the value of a fee unit were $1.015, the number of dollars obtained by multiplying 35 by $1.015 would be $35.525. Because $35.525 is halfway between $35.50 and $35.55, it is rounded upwards, so the amount of the fee would be $35.55.\ns 31A ins 2022 SL No. 56 s 20\n(sec.31A-ssec.1) This section applies for working out the amount of a fee expressed in this regulation as a number of fee units.\n(sec.31A-ssec.2) For the purposes of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded to the nearest multiple of 5 cents (rounding one-half upwards). If a fee were 35 fee units and the value of a fee unit were $1.015, the number of dollars obtained by multiplying 35 by $1.015 would be $35.525. Because $35.525 is halfway between $35.50 and $35.55, it is rounded upwards, so the amount of the fee would be $35.55.","sortOrder":39},{"sectionNumber":"pt.9","sectionType":"part","heading":"Repeals and transitional provisions","content":"# Repeals and transitional provisions","sortOrder":40},{"sectionNumber":"pt.9-div.1","sectionType":"division","heading":"Repeals","content":"## Repeals","sortOrder":41},{"sectionNumber":"sec.32","sectionType":"section","heading":"Repeals","content":"### sec.32 Repeals\n\nThe following waterway transport management plans are repealed—\nthe Transport Infrastructure (Gold Coast Waterways) Management Plan 2000 , SL No. 341\nthe Transport Infrastructure (Sunshine Coast Waterways) Management Plan 2000 , SL No. 342.\n- • the Transport Infrastructure (Gold Coast Waterways) Management Plan 2000 , SL No. 341\n- • the Transport Infrastructure (Sunshine Coast Waterways) Management Plan 2000 , SL No. 342.","sortOrder":42},{"sectionNumber":"pt.9-div.2","sectionType":"division","heading":"Transitional provisions","content":"## Transitional provisions","sortOrder":43},{"sectionNumber":"sec.33","sectionType":"section","heading":"Definitions for div 2","content":"### sec.33 Definitions for div 2\n\nIn this division—\ncommencement means the commencement of this section.\nformer provision , for a repealed plan, means—\nif the decision is made under the repealed Transport Infrastructure (Gold Coast Waterways) Management Plan 2000 —section 22 of the repealed plan; or\nif the decision is made under the repealed Transport Infrastructure (Sunshine Coast Waterways) Management Plan 2000 —section 27 of the repealed plan.\nrepealed plan means a waterway transport management plan repealed by section 32.\n- (a) if the decision is made under the repealed Transport Infrastructure (Gold Coast Waterways) Management Plan 2000 —section 22 of the repealed plan; or\n- (b) if the decision is made under the repealed Transport Infrastructure (Sunshine Coast Waterways) Management Plan 2000 —section 27 of the repealed plan.","sortOrder":44},{"sectionNumber":"sec.34","sectionType":"section","heading":"Approvals granted under repealed plan","content":"### sec.34 Approvals granted under repealed plan\n\nThis section applies to an approval for an activity (the pre-commencement approval ) in force, immediately before the commencement, under the repealed plan.\nThe pre-commencement approval is taken to be an approval (the deemed approval ), for the activity, issued—\nunder this regulation; and\nfor the period ending on the earlier of the following—\nthe end of the period stated in the pre-commencement approval; or\nif an approval for the activity is issued under this regulation before the end of the period mentioned in subparagraph (i)—the day the approval is issued.\nAlso, if the pre-commencement approval was subject to a condition under a repealed plan, the deemed approval is taken to be subject to the condition.\n(sec.34-ssec.1) This section applies to an approval for an activity (the pre-commencement approval ) in force, immediately before the commencement, under the repealed plan.\n(sec.34-ssec.2) The pre-commencement approval is taken to be an approval (the deemed approval ), for the activity, issued— under this regulation; and for the period ending on the earlier of the following— the end of the period stated in the pre-commencement approval; or if an approval for the activity is issued under this regulation before the end of the period mentioned in subparagraph (i)—the day the approval is issued.\n(sec.34-ssec.3) Also, if the pre-commencement approval was subject to a condition under a repealed plan, the deemed approval is taken to be subject to the condition.\n- (a) under this regulation; and\n- (b) for the period ending on the earlier of the following— (i) the end of the period stated in the pre-commencement approval; or (ii) if an approval for the activity is issued under this regulation before the end of the period mentioned in subparagraph (i)—the day the approval is issued.\n- (i) the end of the period stated in the pre-commencement approval; or\n- (ii) if an approval for the activity is issued under this regulation before the end of the period mentioned in subparagraph (i)—the day the approval is issued.\n- (i) the end of the period stated in the pre-commencement approval; or\n- (ii) if an approval for the activity is issued under this regulation before the end of the period mentioned in subparagraph (i)—the day the approval is issued.","sortOrder":45},{"sectionNumber":"sec.35","sectionType":"section","heading":"Application for approvals made before commencement","content":"### sec.35 Application for approvals made before commencement\n\nThis section applies to an application for an approval for an activity made but not decided, before the commencement, under a repealed plan.\nFor dealing with and deciding the application, the repealed plan continues to apply as if this regulation had not commenced.\nHowever, the decision on the application is taken to be a decision on an application for an approval for the activity under this regulation.\n(sec.35-ssec.1) This section applies to an application for an approval for an activity made but not decided, before the commencement, under a repealed plan.\n(sec.35-ssec.2) For dealing with and deciding the application, the repealed plan continues to apply as if this regulation had not commenced.\n(sec.35-ssec.3) However, the decision on the application is taken to be a decision on an application for an approval for the activity under this regulation.","sortOrder":46},{"sectionNumber":"sec.36","sectionType":"section","heading":"Internal review of decisions","content":"### sec.36 Internal review of decisions\n\nAn application for an internal review of a decision, requested under section 485 of the Act as applied by a former provision of a repealed plan, that is not dealt with before the commencement is taken to be an application for an internal review of a decision requested under section 485 of the Act as applied by section 29 (1).","sortOrder":47},{"sectionNumber":"sec.37","sectionType":"section","heading":"External review of decisions","content":"### sec.37 External review of decisions\n\nAn information notice given to an applicant under section 485A(2) of the Act as applied by a former provision of a repealed plan is taken to be an information notice given to the applicant under section 485A of the Act as applied by section 29(1).\nAn application for an external review of a decision under section 485A(3) of the Act as applied by a former provision of a repealed plan that is not dealt with before the commencement is taken to be an application for an external review of a decision under section 485A of the Act as applied by section 29(1).\n(sec.37-ssec.1) An information notice given to an applicant under section 485A(2) of the Act as applied by a former provision of a repealed plan is taken to be an information notice given to the applicant under section 485A of the Act as applied by section 29(1).\n(sec.37-ssec.2) An application for an external review of a decision under section 485A(3) of the Act as applied by a former provision of a repealed plan that is not dealt with before the commencement is taken to be an application for an external review of a decision under section 485A of the Act as applied by section 29(1).","sortOrder":48},{"sectionNumber":"sec.38","sectionType":"section","heading":"References to repealed plan","content":"### sec.38 References to repealed plan\n\nIn a document a reference to a repealed plan may, if the context permits, be taken to be a reference to this regulation.\nSubsection (1) does not limit the application of the Acts Interpretation Act 1954 , section 14H.\n(sec.38-ssec.1) In a document a reference to a repealed plan may, if the context permits, be taken to be a reference to this regulation.\n(sec.38-ssec.2) Subsection (1) does not limit the application of the Acts Interpretation Act 1954 , section 14H.","sortOrder":49},{"sectionNumber":"sch.1-pt.1","sectionType":"part","heading":"Regulated waters","content":"# Regulated waters","sortOrder":50},{"sectionNumber":"sch.1-pt.2","sectionType":"part","heading":"Restrictions on use","content":"# Restrictions on use","sortOrder":51},{"sectionNumber":"sch.1-pt.2-div.1","sectionType":"division","heading":"Waters where watercraft not to be anchored, moored or kept for more than 24 hours","content":"## Waters where watercraft not to be anchored, moored or kept for more than 24 hours","sortOrder":52},{"sectionNumber":"sch.1-pt.2-div.2","sectionType":"division","heading":"Waters where watercraft not to be anchored, moored or kept for more than 7 days","content":"## Waters where watercraft not to be anchored, moored or kept for more than 7 days","sortOrder":53},{"sectionNumber":"sch.1-pt.2-div.3","sectionType":"division","heading":"Waters where watercraft must not be anchored or moored for more than 7 days in 1 locality","content":"## Waters where watercraft must not be anchored or moored for more than 7 days in 1 locality","sortOrder":54},{"sectionNumber":"sch.1-pt.2-div.4","sectionType":"division","heading":"Waters where waterskiing prohibited","content":"## Waters where waterskiing prohibited","sortOrder":55},{"sectionNumber":"sch.1-pt.2-div.5","sectionType":"division","heading":"Waters where freestyling, surfing and wave jumping prohibited","content":"## Waters where freestyling, surfing and wave jumping prohibited","sortOrder":56},{"sectionNumber":"sch.2-pt.1","sectionType":"part","heading":"Regulated waters","content":"# Regulated waters","sortOrder":57},{"sectionNumber":"sch.2-pt.2","sectionType":"part","heading":"Restrictions on use","content":"# Restrictions on use","sortOrder":58},{"sectionNumber":"sch.2-pt.2-div.1","sectionType":"division","heading":"Waters where watercraft not to be anchored, moored or kept aground","content":"## Waters where watercraft not to be anchored, moored or kept aground","sortOrder":59},{"sectionNumber":"sch.2-pt.2-div.2","sectionType":"division","heading":"Waters where watercraft not to be anchored etc. if unoccupied","content":"## Waters where watercraft not to be anchored etc. if unoccupied","sortOrder":60},{"sectionNumber":"sch.2-pt.2-div.3","sectionType":"division","heading":"Waters where living on watercraft prohibited","content":"## Waters where living on watercraft prohibited","sortOrder":61},{"sectionNumber":"sch.2-pt.2-div.4","sectionType":"division","heading":"Waters where freestyling, surfing and wave jumping prohibited","content":"## Waters where freestyling, surfing and wave jumping prohibited","sortOrder":62}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"This regulation replaces the earlier Transport Infrastructure (Gold Coast Waterways) Management Plan 2000 and the Transport Infrastructure (Sunshine Coast Waterways) Management Plan 2000 (s.32). It consolidates regulatory control into this instrument for the waterways specified in schedules 1 and 2 (s.4). Existing approvals under the repealed plans are carried over as deemed approvals for a limited period (s.34), and pending applications and review processes begun under the repealed plans are to be decided under the old plan procedures but taken as decisions under this regulation (ss.35–37). The net effect is a change from plan-based instruments to a regulation that keeps prior approvals running temporarily while centralising decision‑making, approval conditions, fees and enforcement mechanisms under the structures set out in this regulation (ss.21–26, 31)."},"complexity_factors":["Multiple geographic regimes: separate rules for Gold Coast and Sunshine Coast waters (s.4; schedules 1–2)","Varied and overlapping time and distance limits for anchoring/mooring/grounding (ss.6–9 and schedules)","Different permission frameworks for living on board, works, and aircraft operations with distinct application and fee requirements (ss.12, 15–17, 21)","Administrative discretion to impose conditions, amend, suspend or cancel approvals, including urgent suspension powers (ss.22, 24–26)","Compliance obligations with recordkeeping and technical equipment requirements (waste holding systems and pump-outs) (s.13)","Penalty structure spread across many provisions with differing maximums (parts 3–5)","Transitional and repeal provisions carrying over pre‑existing approvals and review processes (ss.32–38)","Fee calculation technicality (rounding rule for fee units) adding minor precision complexity (s.31A)","Appeal and review pathways involving both the chief executive and Gold Coast Waterways Authority provisions and the application of external review statutes (ss.29–30, ss.36–37)"],"plain_english_summary":"This regulation controls use of specified Gold Coast and Sunshine Coast waters, replacing earlier local plans. It limits anchoring, mooring, living‑on‑board, repairs and risky vessel manoeuvres, requires waste holding and records in some areas, and creates penalties for breaches.\n\nMany activities need prior approval (with fees), and the administering agency or chief executive decides, may impose conditions, and can renew, suspend or cancel approvals. A limited marine‑safety exemption and review rights are provided."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The regulation appears consistent with its original intent as a waterways management instrument for the Gold Coast and Sunshine Coast. The 2012 consolidation replaced two separate 2000 management plans with a single regulation, but the substantive scope remains focused on anchoring restrictions, living on board controls, and activity management in these specific waterways. Amendments have been technical (updating position measurement standards, fee rounding, administrative agency references) or minor clarifications rather than scope expansion."},"complexity_factors":["Multiple overlapping geographical zones with different rules (Gold Coast vs Sunshine Coast, with divisions and subdivisions in Schedules 1 and 2)","Complex time-based restrictions (24 hours in 30 days vs 7 days in 60 days, with different measurement methods)","Nested exemptions and exceptions (Section 20 exemption for marine safety applies to multiple parts with different subsections)","Multiple approval types with different application requirements and assessment criteria (living on board, watercraft works, take off and landing)","Dual administrative frameworks (Chief Executive vs Gold Coast Waterways Authority) with different review pathways","Extensive cross-referencing to external legislation (Planning Act, Transport Operations (Marine Safety) Act 1994, Transport Operations (Marine Pollution) Act 1995, Domestic Commercial Vessel National Law, Gold Coast Waterways Authority Act 2012)","Transitional provisions preserving rights under repealed 2000 management plans","Multiple defined terms scattered through sections (not consolidated in one interpretation section despite dictionary reference)","Conditional logic in offence provisions (e.g., 'if unoccupied', 'within 30m', 'more than 5m')","Dual penalty structures (20 vs 40 penalty units depending on the offence)"],"plain_english_summary":"This regulation sets the rules for how boats and watercraft can use specific waterways on Queensland's Gold Coast and Sunshine Coast. It replaces older management plans from 2000.\n\n**Who it affects:**\n- Boat owners and operators using Gold Coast or Sunshine Coast waters\n- People living on boats in these areas\n- Commercial operators (like seaplane pilots, water-skiing businesses, and boat repair services)\n- Government agencies managing these waterways\n\n**What it does:**\n\n**1. Defines where it applies:**\n- Covers specific waterways listed in Schedules 1 and 2 (Gold Coast and Sunshine Coast waters)\n- Excludes State-managed boat harbours\n- Exempts government vessels and boats doing approved construction or maintenance work\n\n**2. Sets anchoring and mooring rules:**\n- **Near structures:** No anchoring or mooring within 30 metres of approved structures or moored boats (40 penalty units fine)\n- **Sunshine Coast specific areas:** No mooring or grounding in certain zones; no anchoring unoccupied boats over 5 metres in other zones (20 penalty units)\n- **Gold Coast time limits:** \n  - Some areas: max 24 hours in any 30-day period\n  - Other areas: max 7 days in any 60-day period, or max 7 days within 1 nautical mile of one spot\n\n**3. Regulates living on board boats:**\n- **Gold Coast:** Can't live on a boat at one spot (within 3 nautical miles) for more than 7 consecutive days in any 60-day period, unless at a marina with toilets/showers\n- **Sunshine Coast:** Generally need approval to live on board; in some areas, boats used for living can't stay more than 48 hours without approval\n- **Waste requirements:** Boats used for living on Sunshine Coast must have waste holding tanks, use pump-out facilities (not discharge into water), and keep discharge records\n\n**4. Controls commercial and recreational activities:**\n- **Construction/repairs:** Can't build, rebuild, or repair boats in Sunshine Coast waters without approval or being at a commercial facility\n- **Seaplanes:** Commercial pilots need approval to take off or land on regulated waters (40 penalty units)\n- **Water-skiing:** Banned in specific Gold Coast areas (40 penalty units)\n- **Freestyling/wave jumping:** Banned in specific zones and within 30m of other boats or 60m of swimmers (40 penalty units)\n\n**5. Provides exemptions:**\n- Boats entering from sea for shelter from bad weather or urgent repairs are exempt from most restrictions\n- Living on board allowed for up to 10 consecutive days in these circumstances\n\n**6. Creates an approval system:**\n- People can apply for approvals to: live on board, do boat works, or operate seaplanes\n- Applications assessed based on safety, location suitability, noise, impact on other users, and availability of commercial alternatives\n- Approvals can be granted with conditions, renewed, suspended, or cancelled\n- Decisions can be reviewed through QCAT (Queensland Civil and Administrative Tribunal)\n\n**Why it matters:**\nThis regulation balances recreational boating freedom with protecting the environment, ensuring public safety, and managing conflicts between different water users (residents, commercial operators, swimmers, and boaters). It prevents long-term squatting on anchorages, controls pollution from live-aboard vessels, and manages high-impact activities in busy waterways."},"summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The regulation consolidates and replaces two earlier 2000-era waterway management plans for the Gold Coast and Sunshine Coast. Its scope remains consistent with its original intent: managing on-water activities, mooring, living aboard, and recreational use in specific Queensland coastal waterways. Minor amendments over time (e.g. 2015, 2016, 2017, 2020, 2022, 2023) have updated references, added fee-rounding provisions, and excluded State-managed boat harbours from scope — but these are refinements rather than fundamental expansions or contractions of the regulation's purpose."},"complexity_factors":["Multiple geographically distinct zones (Gold Coast vs Sunshine Coast) with different rules applying to each, requiring cross-reference with detailed schedules","Layered time-based restrictions that vary by location (24 hours/30 days, 7 days/60 days, and nautical-mile-based radius rules)","Different rules for different types of watercraft (e.g. boats over 5m, commercial houseboats, aircraft)","Multiple approval types (living on board, watercraft works, take-off and landing) each with different criteria and processes","Cross-referencing between multiple pieces of legislation (Transport Operations (Marine Safety) Act, Transport Operations (Marine Pollution) Act, domestic commercial vessel national law, Gold Coast Waterways Authority Act, Planning Act)","Technical geographic measurement references (GDA2020, nautical miles) that require specialist knowledge to apply precisely","Dual administering agencies (chief executive vs Gold Coast Waterways Authority) with different review pathways","Transitional provisions bridging two repealed 2000-era management plans, creating complexity for anyone assessing historical compliance","Schedules containing the actual geographic descriptions of regulated waters are not fully reproduced, making self-assessment of coverage difficult without the full document"],"plain_english_summary":"## What is this regulation?\n\nThis Queensland regulation controls how people can use specific waterways on the **Gold Coast** and **Sunshine Coast**. It sets rules about where and for how long you can anchor or moor (tie up) a boat, whether you can live on your boat in those waters, and what water-based activities are allowed or banned.\n\n## Who does it affect?\n\n- **Boat owners and operators** using Gold Coast or Sunshine Coast waterways\n- **People living on boats** (liveaboards) in those areas\n- **Commercial aircraft pilots** taking off or landing on those waters (e.g. seaplanes)\n- **Anyone doing water sports** like water-skiing, freestyling, or wave jumping in the regulated areas\n\nIt does **not** apply to government vessels (Commonwealth, State or local council boats), State-owned boats, or boats doing approved construction/maintenance work.\n\n## Key rules at a glance\n\n### 🚤 Anchoring and mooring\n- You **cannot anchor or moor within 30 metres** of a jetty, pontoon, or other approved structure (penalty: up to 40 penalty units — around $5,500+)\n- In some Gold Coast areas: no anchoring for **more than 24 hours** in any 30-day period\n- In other Gold Coast areas: no anchoring for **more than 7 days** in any 60-day period\n- In open Gold Coast waters: you can't stay in the same general area (within 1 nautical mile) for more than 7 days in 60\n- In some Sunshine Coast areas: no mooring at all without approval\n- In other Sunshine Coast areas: boats over 5 metres can't be left **unoccupied and anchored**\n\n### 🏠 Living on your boat\n- **Gold Coast:** You can live aboard, but not at or within 3 nautical miles of the same spot for more than 7 consecutive days in 60 days — unless you're at a marina with toilets and showers\n- **Sunshine Coast:** You generally need a **living on board approval** from the government. Some specific areas ban liveaboards entirely unless approved\n- If you live on your boat in Sunshine Coast waters, you **must have a sewage holding tank**, use pump-out facilities to empty it, and keep written records of each pump-out (no dumping sewage into the water)\n\n### 🛥️ Water sports\n- **Water-skiing is banned** in specific Gold Coast waters listed in the schedules\n- **Freestyling, surfing (on a boat/jet ski), and wave jumping** are banned in specific areas of both Gold Coast and Sunshine Coast waters\n- Freestyling/wave jumping is also banned **within 30 metres of another boat** or **60 metres of a swimmer** anywhere in regulated waters\n\n### ✈️ Aircraft\n- Commercial seaplanes or floatplanes need a **take-off and landing approval** before operating in regulated waters\n\n### ⚓ Boat construction/repairs\n- You cannot anchor or moor a boat that is being built, reconstructed, or repaired in Sunshine Coast waters unless you have a **watercraft works approval**, or you're at a commercial boatyard\n\n## Approvals system\nIf you need an exemption (e.g. to live on your boat, do commercial seaplane flights, or repair your boat in the water), you can apply to the relevant authority. They'll consider safety, amenity, impact on other users, and your ability to follow the law. Approvals can be granted with conditions, renewed, and can also be suspended or cancelled. If you disagree with a decision, you can apply for a review through QCAT (Queensland Civil and Administrative Tribunal — the state body that reviews government decisions).\n\n## Emergencies\nIf your boat enters these waters from the sea during a genuine coastal or international voyage, and you need to shelter from bad weather or make urgent repairs, the mooring/anchoring/liveaboard rules don't apply — but you can only stay up to 10 days if people are living aboard.\n\n## Why does it matter?\nThis regulation protects the amenity (look, feel and usability) of popular Queensland coastal waterways. It stops people from permanently living on boats in places without proper sewage facilities, prevents overcrowding near private jetties and structures, and keeps recreational waters safe and enjoyable for everyone."}},"importantCases":[],"_links":{"self":"/api/acts/transport-infrastructure-waterways-management-regulation-2012","history":"/api/acts/transport-infrastructure-waterways-management-regulation-2012/history","analysis":"/api/acts/transport-infrastructure-waterways-management-regulation-2012/analysis","conflicts":"/api/acts/transport-infrastructure-waterways-management-regulation-2012/conflicts","importantCases":"/api/acts/transport-infrastructure-waterways-management-regulation-2012/important-cases","documents":"/api/acts/transport-infrastructure-waterways-management-regulation-2012/documents"}}