sec.123Right to occupy and use land on which particular tidal works were, or are to be, carried out

### sec.123 Right to occupy and use land on which particular tidal works were, or are to be, carried out This section applies if a development permit has been, or is, granted for operational work that is tidal works that— were, or are to be, carried out wholly or partly on State tidal land; and were, or are to be— carried out by, for or under the authority of the owner or occupier of land adjacent to the State tidal land; or the construction of a private jetty, mooring pile, pontoon or domestic pipeline carried out by or for a public utility provider for the purpose of providing a public utility service. the construction of infrastructure across a waterway for providing electricity, gas or telecommunication services Also, this section applies if a development permit has been, or is, granted for operational work that is tidal works carried out wholly or partly on State tidal land that are works for the construction of public infrastructure. However, this section does not apply for a development permit granted for operational work that is tidal works mentioned in subsection (1) (b) (i) if the tidal works include the construction of a structure that facilitates, or will facilitate, a commercial enterprise. This section also applies in relation to operational work that is tidal works if the operational work— is accepted development under the Planning Act ; or is PDA accepted development under the Economic Development Act 2012 and is in a priority development area, or is PDA-associated development for a priority development area, under that Act. A relevant person for the tidal works, and any person authorised by the relevant person, has a right to occupy and use the State tidal land for each of the following— carrying out the tidal works; if the tidal works include the construction of a structure—maintaining and using the structure. In this section— development permit includes a PDA development permit under the Economic Development Act 2012. public infrastructure means infrastructure that is constructed or operated for the general public. public utility provider means— the State or another entity representing the State; or the Commonwealth or another entity representing the Commonwealth; or a local government; or a person authorised by law to provide a public utility service; or a mill owner under the Sugar Industry Act 1999 . relevant person , for tidal works, means— for tidal works carried out by, for or under the authority of the owner of freehold land adjacent to State tidal land—the owner of the freehold land at the relevant time; or for tidal works carried out by, for or under the authority of the occupier of land, other than freehold land, adjacent to State tidal land—the occupier of the land at the relevant time; or for tidal works carried out by or for a public utility provider—the public utility provider; or for tidal works that included the construction of a structure, anyone else, including, for example, a local government acting as a trustee, who is responsible— under any law or agreement to ensure the structure is in a safe condition; or for any wrong arising out of a failure to ensure the structure is in a safe condition. tidal works does not include the reclamation of land under tidal water. s 123 ins 2001 No. 93 s 15 (amd 2003 No. 64 s 117 (4) ) amd 2004 No. 48 s 19 ; 2010 No. 12 s 9 sub 2011 No. 6 s 50 amd 2012 No. 3 s 22 ; 2012 No. 43 s 221 sch 1 ; 2013 No. 6 s 3 ; 2016 No. 27 s 151 ; 2019 No. 11 s 16 (sec.123-ssec.1) This section applies if a development permit has been, or is, granted for operational work that is tidal works that— were, or are to be, carried out wholly or partly on State tidal land; and were, or are to be— carried out by, for or under the authority of the owner or occupier of land adjacent to the State tidal land; or the construction of a private jetty, mooring pile, pontoon or domestic pipeline carried out by or for a public utility provider for the purpose of providing a public utility service. the construction of infrastructure across a waterway for providing electricity, gas or telecommunication services (sec.123-ssec.2) Also, this section applies if a development permit has been, or is, granted for operational work that is tidal works carried out wholly or partly on State tidal land that are works for the construction of public infrastructure. (sec.123-ssec.3) However, this section does not apply for a development permit granted for operational work that is tidal works mentioned in subsection (1) (b) (i) if the tidal works include the construction of a structure that facilitates, or will facilitate, a commercial enterprise. (sec.123-ssec.4) This section also applies in relation to operational work that is tidal works if the operational work— is accepted development under the Planning Act ; or is PDA accepted development under the Economic Development Act 2012 and is in a priority development area, or is PDA-associated development for a priority development area, under that Act. (sec.123-ssec.5) A relevant person for the tidal works, and any person authorised by the relevant person, has a right to occupy and use the State tidal land for each of the following— carrying out the tidal works; if the tidal works include the construction of a structure—maintaining and using the structure. (sec.123-ssec.6) In this section— development permit includes a PDA development permit under the Economic Development Act 2012. public infrastructure means infrastructure that is constructed or operated for the general public. public utility provider means— the State or another entity representing the State; or the Commonwealth or another entity representing the Commonwealth; or a local government; or a person authorised by law to provide a public utility service; or a mill owner under the Sugar Industry Act 1999 . relevant person , for tidal works, means— for tidal works carried out by, for or under the authority of the owner of freehold land adjacent to State tidal land—the owner of the freehold land at the relevant time; or for tidal works carried out by, for or under the authority of the occupier of land, other than freehold land, adjacent to State tidal land—the occupier of the land at the relevant time; or for tidal works carried out by or for a public utility provider—the public utility provider; or for tidal works that included the construction of a structure, anyone else, including, for example, a local government acting as a trustee, who is responsible— under any law or agreement to ensure the structure is in a safe condition; or for any wrong arising out of a failure to ensure the structure is in a safe condition. tidal works does not include the reclamation of land under tidal water. - (a) were, or are to be, carried out wholly or partly on State tidal land; and - (b) were, or are to be— (i) carried out by, for or under the authority of the owner or occupier of land adjacent to the State tidal land; or Example of tidal works for subparagraph (i) — the construction of a private jetty, mooring pile, pontoon or domestic pipeline (ii) carried out by or for a public utility provider for the purpose of providing a public utility service. Example of tidal works for subparagraph (ii) — the construction of infrastructure across a waterway for providing electricity, gas or telecommunication services - (i) carried out by, for or under the authority of the owner or occupier of land adjacent to the State tidal land; or Example of tidal works for subparagraph (i) — the construction of a private jetty, mooring pile, pontoon or domestic pipeline - (ii) carried out by or for a public utility provider for the purpose of providing a public utility service. Example of tidal works for subparagraph (ii) — the construction of infrastructure across a waterway for providing electricity, gas or telecommunication services - (i) carried out by, for or under the authority of the owner or occupier of land adjacent to the State tidal land; or Example of tidal works for subparagraph (i) — the construction of a private jetty, mooring pile, pontoon or domestic pipeline - (ii) carried out by or for a public utility provider for the purpose of providing a public utility service. Example of tidal works for subparagraph (ii) — the construction of infrastructure across a waterway for providing electricity, gas or telecommunication services - (a) is accepted development under the Planning Act ; or - (b) is PDA accepted development under the Economic Development Act 2012 and is in a priority development area, or is PDA-associated development for a priority development area, under that Act. - (a) carrying out the tidal works; - (b) if the tidal works include the construction of a structure—maintaining and using the structure. - (a) the State or another entity representing the State; or - (b) the Commonwealth or another entity representing the Commonwealth; or - (c) a local government; or - (d) a person authorised by law to provide a public utility service; or - (e) a mill owner under the Sugar Industry Act 1999 . - (a) for tidal works carried out by, for or under the authority of the owner of freehold land adjacent to State tidal land—the owner of the freehold land at the relevant time; or - (b) for tidal works carried out by, for or under the authority of the occupier of land, other than freehold land, adjacent to State tidal land—the occupier of the land at the relevant time; or - (c) for tidal works carried out by or for a public utility provider—the public utility provider; or - (d) for tidal works that included the construction of a structure, anyone else, including, for example, a local government acting as a trustee, who is responsible— (i) under any law or agreement to ensure the structure is in a safe condition; or (ii) for any wrong arising out of a failure to ensure the structure is in a safe condition. - (i) under any law or agreement to ensure the structure is in a safe condition; or - (ii) for any wrong arising out of a failure to ensure the structure is in a safe condition. - (i) under any law or agreement to ensure the structure is in a safe condition; or - (ii) for any wrong arising out of a failure to ensure the structure is in a safe condition.