{"id":"qld:act-1998-009","name":"Tweed River Entrance Sand Bypassing Project Agreement Act 1998","slug":"tweed-river-entrance-sand-bypassing-project-agreement-act-1998","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"9 of 1998","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104664,"registerId":"qld-act-1998-009-current","compilationNumber":null,"startDate":"2026-04-03","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 Tweed River Entrance Sand Bypassing Project Agreement Act 1998 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Definitions","content":"### sec.2 Definitions\n\nIn this Act—\nagreements means the agreements contained in the heads of agreement and the deed of agreement.\ndeed of agreement means the deed of agreement made on 2 March 1995, as amended by a deed of further agreement made on 16 September 1997, a copy of which is in schedule 1 .\nheads of agreement means the heads of agreement made on 31 March 1994, a copy of which is in schedule 2 .\nproject means the Tweed River Entrance Sand Bypassing Project to be carried out under the agreements.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Act applies to all persons","content":"### sec.3 Act applies to all persons\n\nThis Act applies to all persons including the State and, so far as the legislative power of the State permits, the Commonwealth and the other States.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Purpose of Act","content":"### sec.4 Purpose of Act\n\nThe purpose of this Act is to provide for the carrying out of the agreements.\nThe agreements provide for a sand bypassing project to improve and continuously maintain—\nthe amenity of the southern Gold Coast beaches; and\nthe navigability of the Tweed River entrance.\n(sec.4-ssec.1) The purpose of this Act is to provide for the carrying out of the agreements.\n(sec.4-ssec.2) The agreements provide for a sand bypassing project to improve and continuously maintain— the amenity of the southern Gold Coast beaches; and the navigability of the Tweed River entrance.\n- (a) the amenity of the southern Gold Coast beaches; and\n- (b) the navigability of the Tweed River entrance.","sortOrder":4},{"sectionNumber":"pt.2","sectionType":"part","heading":"Ratifying and implementing the agreements","content":"# Ratifying and implementing the agreements","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Ratification of agreements","content":"### sec.5 Ratification of agreements\n\nThe agreements are ratified.\nSee the deed of agreement, clause 6.1.","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":"Implementation of agreements","content":"### sec.6 Implementation of agreements\n\nThe agreements may be carried into effect despite the provisions of any other Act or law.","sortOrder":7},{"sectionNumber":"sec.7","sectionType":"section","heading":"No injunctive relief","content":"### sec.7 No injunctive relief\n\nA person may not bring a proceeding for an injunction arising from an act done, or omission made, in connection with carrying out the project.","sortOrder":8},{"sectionNumber":"pt.3","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"Minister’s powers","content":"### sec.8 Minister’s powers\n\nTo remove any doubt, it is declared that the Minister’s powers to enter into a contract or carry out a commercial activity include powers to do so on behalf of New South Wales or as a joint party.\nFor provisions about the State’s powers generally, see the Acts Interpretation Act 1954 , part 12 (The Executive Government of the State).","sortOrder":10},{"sectionNumber":"sec.9","sectionType":"section","heading":"Financial contribution by Gold Coast City Council","content":"### sec.9 Financial contribution by Gold Coast City Council\n\nThe Gold Coast City Council is liable to pay one-half of the State’s share of the shared project costs.\nThe council must pay an amount for which it is liable under subsection (1) in the way, and at the time, required by the chief executive by written notice.\n(sec.9-ssec.1) The Gold Coast City Council is liable to pay one-half of the State’s share of the shared project costs.\n(sec.9-ssec.2) The council must pay an amount for which it is liable under subsection (1) in the way, and at the time, required by the chief executive by written notice.","sortOrder":11}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act does not amend the substantive project agreements; it ratifies and implements them (s 5) and supplies legal mechanisms to ensure execution—overriding conflicting laws (s 6), barring injunctions (s 7), assigning a cost share to Gold Coast City Council (s 9), and authorising Ministerial contracting (s 8). Those mechanisms expand the agreements' enforceability but do not alter the agreements' stated project scope."},"complexity_factors":["Short, focused statute with limited provisions and clear purpose.","Direct statutory override of other laws for project implementation (s 6) increases legal effect but simplifies operation.","Prohibition on injunctive relief reduces ordinary judicial remedies and may raise legal complexity in disputes (s 7).","Financial obligation imposed on a local council requires administrative notices for payment timing and method, creating compliance burden and executive discretion (s 9(2)).","Reliance on external documents (heads of agreement and deed in schedules) requires interpretation of those agreements alongside the Act (ss 2, 5).","Ministerial contracting power expressly includes acting for New South Wales or jointly, concentrating decision authority (s 8).","Cross‑jurisdictional application language may interact with State/Commonwealth legislative powers (s 3)."],"plain_english_summary":"This Act ratifies and gives effect to agreements for a sand‑bypassing project intended to maintain southern Gold Coast beach amenity and Tweed River entrance navigability (ss 4–5). It enables the project to proceed despite other laws and prevents injunctions against project acts (ss 6–7). The Act also makes the Gold Coast City Council liable for half the State’s share of shared project costs, payable on the chief executive’s notice (s 9), and confirms the Minister’s power to contract for the State (s 8)."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: enabling the Tweed River sand bypassing project through ratification of specific intergovernmental agreements. The scope has not expanded beyond this infrastructure project."},"complexity_factors":["Only 4 defined terms in section 2 (agreements, deed of agreement, heads of agreement, project)","No cross-references to other Acts except a single pointer to the Acts Interpretation Act 1954 in section 8","Straightforward sequential structure: preliminary, ratification/implementation, miscellaneous","Minimal conditional logic — section 7 is an absolute prohibition, section 9 creates a simple payment obligation","Short length — 9 sections total","No nested exceptions or complex deeming provisions","Purpose clause (section 4) is unusually clear and specific about the project's dual goals"],"plain_english_summary":"This law gives the green light to a major sand-moving project between New South Wales and Queensland. Here's what it does:\n\n**The project:** A permanent sand bypassing system at the Tweed River mouth (on the NSW-Queensland border) that pumps sand from the river entrance to southern Gold Coast beaches. Without intervention, natural sand drift would clog the river mouth and starve Gold Coast beaches.\n\n**What the law does:**\n- **Ratifies two agreements** made in 1994 and 1995 between NSW, Queensland, and local councils to build and run this infrastructure\n- **Overrides other laws** — the project can proceed even if other legislation would normally block it\n- **Blocks court injunctions** — people can't sue to stop the project through injunctions (court orders that halt work)\n- **Makes Gold Coast City Council pay half** of NSW's share of the costs, with the chief executive deciding when and how payments happen\n- **Clarifies ministerial powers** — confirms ministers can sign contracts for this project on behalf of NSW or jointly with other parties\n\n**Who it affects:** Primarily the NSW and Queensland governments, Gold Coast City Council, and anyone living near or using the Tweed River entrance and southern Gold Coast beaches. It also affects potential litigants by removing their right to seek injunctions against the project.\n\n**Why it matters:** This is enabling legislation for critical coastal infrastructure that prevents the Tweed River from silting up (keeping it navigable for boats) while protecting the famous surfing beaches of the southern Gold Coast from erosion. The law prioritises the project over normal legal obstacles."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act's scope is consistent with its stated purpose — to ratify and implement the pre-existing intergovernmental agreements for the sand bypassing project. All operative provisions (ratification, override of other laws, removal of injunctions, ministerial powers, and Council funding obligations) directly serve that narrow, specific infrastructure purpose. There is no evidence of scope creep beyond the original intent."},"complexity_factors":["Cross-border (interstate) legal arrangements involving Queensland, New South Wales, and the Commonwealth add a layer of jurisdictional complexity","The Act incorporates by reference two external documents (heads of agreement and deed of agreement with amendments) that are not fully reproduced in the main text","The override of other Acts and laws (section 6) creates potential complexity in determining which laws are displaced","Removal of injunctive relief (section 7) is an unusual legal mechanism that departs from standard citizen rights","Cost-sharing arrangements between government bodies (State and Gold Coast City Council) require understanding of the underlying agreements to fully interpret obligations"],"plain_english_summary":"The Act gives legal force to a cross‑border agreement letting Queensland, New South Wales and Gold Coast City Council operate the Tweed River Entrance Sand Bypassing Project — pumping sand from the Tweed mouth north onto Gold Coast beaches to restore shoreline and keep the river navigable.  \n\nIt overrides conflicting laws, binds the states and Commonwealth, obliges Gold Coast City Council to pay part of Queensland’s share, and removes the right to seek injunctions to stop project activities."}},"importantCases":[],"_links":{"self":"/api/acts/tweed-river-entrance-sand-bypassing-project-agreement-act-1998","history":"/api/acts/tweed-river-entrance-sand-bypassing-project-agreement-act-1998/history","analysis":"/api/acts/tweed-river-entrance-sand-bypassing-project-agreement-act-1998/analysis","conflicts":"/api/acts/tweed-river-entrance-sand-bypassing-project-agreement-act-1998/conflicts","importantCases":"/api/acts/tweed-river-entrance-sand-bypassing-project-agreement-act-1998/important-cases","documents":"/api/acts/tweed-river-entrance-sand-bypassing-project-agreement-act-1998/documents"}}