Establishes the Sunshine Coast Waterways Authority as a new corporate statutory body that represents the State and can own property, sue and be sued, and enter commercial arrangements (secs 8–13).
Gives the Authority specific operational functions: prepare a 10‑year waterways management strategy, prepare rolling 4‑year (published) waterways management programs, install and run infrastructure, manage navigational access, and monitor/manage sand or sediment movement (secs 12, 14–18).
Puts governance in place: a Sunshine Coast Waterways Authority Board (chair plus six appointed members) and a chief executive officer (CEO). Members are appointed by the Governor in Council on the Minister’s recommendation; terms, reappointment limits, and disqualification rules are specified (secs 22–33, 43–53).
Requires Ministerial oversight: Minister approval of the 10‑year strategy and of the annual/4‑year programs, power to give directions the Authority must follow, regular reporting (quarterly and annual) and a 3‑year operational review (secs 15, 20, 21, 55–57, 68).
Enables the Minister to transfer State businesses, assets, leases, liabilities and instruments to the Authority by gazette transfer notice; such notices take effect despite other laws and can make the Authority the legal successor in particular respects (secs 65–66).
Amends the Transport Infrastructure Act 1994 so that public marine facilities in Sunshine Coast waterways with no current manager are treated as managed by the Sunshine Coast Waterways Authority until another manager is appointed; the Act also appoints the Authority as manager of the Mooloolaba State managed boat harbour on commencement (secs 79, 83).
This Act establishes the Sunshine Coast Waterways Authority (the authority) as a new statutory body charged with planning, facilitating and implementing strategic management of a defined set of Sunshine Coast waterways (s 8, s 3, s 7). Mechanically the Act does the following.
Creates the authority as a body corporate with perpetual succession, a seal and capacity to sue and be sued (s 9). The authority is declared to represent the State and to have the status, privileges and immunity of the State (s 10).
Sets out the authority’s core functions: producing a 10‑year waterways management strategy and rolling 4‑year waterways management programs, installing and managing marine infrastructure, managing navigational access, and monitoring and managing sand and sediment movements both in waterways and adjacent coastal waters or land when required for waterways management (s 12).
Confers general powers appropriate to a corporate entity with capacities to acquire and deal with property, enter contracts and joint ventures, appoint agents and attorneys and engage consultants (s 13).
Constitutes a governing board (chair + six appointed members) to oversee the authority (Pt 4, s 22-25), and a chief executive officer responsible for day‑to‑day administration (Pt 5, s 43-53). Appointments are by Governor in Council on the Minister’s recommendation (s 25, s 44).
Requires the authority to prepare and obtain Ministerial approval of a 10‑year waterways management strategy and to develop, before each financial year, a 4‑year waterways management program for Ministerial approval that implements the strategy (s 14-21). The Minister may approve or direct amendments to both strategy and program (s 15(3), s 20(2)). If a Ministerial direction makes a program inconsistent with the strategy, the Minister must table that direction in the Legislative Assembly within five sitting days (s 21(2)).
Current sections
Direct links to the current provisions in Sunshine Coast Waterways Authority Act 2026.
108
pt.1
Preliminary
Preliminary
sec.1
Short title
sec.1 Short title
This Act may be cited as the Sunshine Coast Waterways Authority Act 2026 .
sec.2
Commencement
sec.2 Commencement
This Act commences on a day to be fixed by proclamation.
sec.3
Main purpose of Act
sec.3 Main purpose of Act
The main purpose of this Act is to establish the Sunshine Coast Waterways Authority to strategically plan for and facilitate the sustainable use, management and development of the Sunshine Coast waterways.
sec.4
Relationship with other Acts
sec.4 Relationship with other Acts
This Act does not affect the operation of the following Acts—
the Brisbane Olympic and Paralympic Games Arrangements Act 2021 ;
the Economic Development Act 2012 ;
the Fisheries Act 1994 ;
the Marine Parks Act 2004 ;
the Maritime Safety Queensland Act 2002 ;
the Nature Conservation Act 1992 ;
the Recreation Areas Management Act 2006 ;
the State Development and Public Works Organisation Act 1971 ;
the Transport Infrastructure Act 1994 ;
the Transport Operations (Marine Pollution) Act 1995 ;
the Transport Operations (Marine Safety) Act 1994 .
Also, this Act does not affect the functions or obligations of a local government under the following Acts—
the Coastal Protection and Management Act 1995 ;
the Local Government Act 2009 ;
the Planning Act 2016 .
(sec.4-ssec.1) This Act does not affect the operation of the following Acts— the Brisbane Olympic and Paralympic Games Arrangements Act 2021 ; the Economic Development Act 2012 ; the Fisheries Act 1994 ; the Marine Parks Act 2004 ; the Maritime Safety Queensland Act 2002 ; the Nature Conservation Act 1992 ; the Recreation Areas Management Act 2006 ; the State Development and Public Works Organisation Act 1971 ; the Transport Infrastructure Act 1994 ; the Transport Operations (Marine Pollution) Act 1995 ; the Transport Operations (Marine Safety) Act 1994 .
(sec.4-ssec.2) Also, this Act does not affect the functions or obligations of a local government under the following Acts— the Coastal Protection and Management Act 1995 ; the Local Government Act 2009 ; the Planning Act 2016 .
(a) the Brisbane Olympic and Paralympic Games Arrangements Act 2021 ;
(b) the Economic Development Act 2012 ;
(c) the Fisheries Act 1994 ;
(d) the Marine Parks Act 2004 ;
(e) the Maritime Safety Queensland Act 2002 ;
(f) the Nature Conservation Act 1992 ;
(g) the Recreation Areas Management Act 2006 ;
(h) the State Development and Public Works Organisation Act 1971 ;
(i) the Transport Infrastructure Act 1994 ;
(j) the Transport Operations (Marine Pollution) Act 1995 ;
(k) the Transport Operations (Marine Safety) Act 1994 .
(a) the Coastal Protection and Management Act 1995 ;
(b) the Local Government Act 2009 ;
(c) the Planning Act 2016 .
sec.5
Act binds all persons
sec.5 Act binds all persons
This Act binds all persons, including the State.
However, the State can not be prosecuted for an offence against this Act.
(sec.5-ssec.1) This Act binds all persons, including the State.
(sec.5-ssec.2) However, the State can not be prosecuted for an offence against this Act.
sec.6
Definitions
sec.6 Definitions
The dictionary in schedule 1 defines particular words used in this Act.
sec.7
Meaning of Sunshine Coast waterways
sec.7 Meaning of Sunshine Coast waterways
The Sunshine Coast waterways are all of the following waterways below the high water mark—
Castaways Creek;
Lake Cooroibah;
Lake Cootharaba;
Cornmeal Creek;
Currimundi Creek;
Lake Doonella;
Keyser Channel;
the Maroochy River;
the Mooloolah River;
the Noosa River, and adjoining waterways, to the extent the waterways are within the local government area of the Noosa Shire Council;
Pumicestone Channel (commonly known as Pumicestone Passage), and adjoining waterways, north of a line from latitude 27º06' south on the mainland shore to South Point on Bribie Island;
Stumer Creek;
Tooway Creek;
Lake Weyba;
Weyba Creek;
waterways adjoining the waterways stated in paragraphs (a) to (i) and (l) to (o) .
(a) Castaways Creek;
(b) Lake Cooroibah;
(c) Lake Cootharaba;
(d) Cornmeal Creek;
(e) Currimundi Creek;
(f) Lake Doonella;
(g) Keyser Channel;
(h) the Maroochy River;
(i) the Mooloolah River;
(j) the Noosa River, and adjoining waterways, to the extent the waterways are within the local government area of the Noosa Shire Council;
(k) Pumicestone Channel (commonly known as Pumicestone Passage), and adjoining waterways, north of a line from latitude 27º06' south on the mainland shore to South Point on Bribie Island;
(l) Stumer Creek;
(m) Tooway Creek;
(n) Lake Weyba;
(o) Weyba Creek;
(p) waterways adjoining the waterways stated in paragraphs (a) to (i) and (l) to (o) .
pt.2
Sunshine Coast Waterways Authority
Sunshine Coast Waterways Authority
pt.2-div.1
Establishment
Establishment
sec.8
Establishment
sec.8 Establishment
The Sunshine Coast Waterways Authority is established.
sec.9
Legal status
sec.9 Legal status
The authority—
is a body corporate; and
has perpetual succession; and
has a seal; and
may sue and be sued in its corporate name.
(a) is a body corporate; and
(b) has perpetual succession; and
(c) has a seal; and
(d) may sue and be sued in its corporate name.
sec.10
Authority represents the State
sec.10 Authority represents the State
The authority represents the State.
Without limiting subsection (1) , the authority has the status, privileges and immunity of the State.
(sec.10-ssec.1) The authority represents the State.
(sec.10-ssec.2) Without limiting subsection (1) , the authority has the status, privileges and immunity of the State.
sec.11
Application of other Acts
sec.11 Application of other Acts
The authority is—
a statutory body under the Financial Accountability Act 2009 ; and
a statutory body under the Statutory Bodies Financial Arrangements Act 1982 ; and
The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way that Act affects the authority’s powers.
a unit of public administration under the Crime and Corruption Act 2001 .
(a) a statutory body under the Financial Accountability Act 2009 ; and
(b) a statutory body under the Statutory Bodies Financial Arrangements Act 1982 ; and Note— The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way that Act affects the authority’s powers.
(c) a unit of public administration under the Crime and Corruption Act 2001 .
pt.2-div.2
Functions and powers
Functions and powers
sec.12
Functions
sec.12 Functions
The authority has the following functions—
to plan strategically for the management of the Sunshine Coast waterways by developing—
a waterways management strategy; and
a waterways management program;
to install, manage and maintain infrastructure for the Sunshine Coast waterways;
to manage navigational access to, and within, the Sunshine Coast waterways;
to monitor and manage the movement of sand or sediment—
in the Sunshine Coast waterways; and
in coastal waters, or on land, adjacent to the Sunshine Coast waterways for managing the Sunshine Coast waterways;
to perform any other function given to it under this Act or another Act.
(a) to plan strategically for the management of the Sunshine Coast waterways by developing— (i) a waterways management strategy; and (ii) a waterways management program;
(i) a waterways management strategy; and
(ii) a waterways management program;
(b) to install, manage and maintain infrastructure for the Sunshine Coast waterways;
(c) to manage navigational access to, and within, the Sunshine Coast waterways;
(d) to monitor and manage the movement of sand or sediment— (i) in the Sunshine Coast waterways; and (ii) in coastal waters, or on land, adjacent to the Sunshine Coast waterways for managing the Sunshine Coast waterways;
(i) in the Sunshine Coast waterways; and
(ii) in coastal waters, or on land, adjacent to the Sunshine Coast waterways for managing the Sunshine Coast waterways;
(e) to perform any other function given to it under this Act or another Act.
(i) a waterways management strategy; and
(ii) a waterways management program;
(i) in the Sunshine Coast waterways; and
(ii) in coastal waters, or on land, adjacent to the Sunshine Coast waterways for managing the Sunshine Coast waterways;
sec.13
Powers
sec.13 Powers
The authority has the powers of an individual and may, for example—
acquire, hold, dispose of or deal with property; or
appoint agents and attorneys; or
engage consultants; or
enter into contracts, joint ventures and commercial arrangements; or
do anything else necessary or convenient to be done in the performance its functions.
Also, the authority has the powers given to it under this Act or another Act.
(sec.13-ssec.1) The authority has the powers of an individual and may, for example— acquire, hold, dispose of or deal with property; or appoint agents and attorneys; or engage consultants; or enter into contracts, joint ventures and commercial arrangements; or do anything else necessary or convenient to be done in the performance its functions.
(sec.13-ssec.2) Also, the authority has the powers given to it under this Act or another Act.
(a) acquire, hold, dispose of or deal with property; or
(b) appoint agents and attorneys; or
(c) engage consultants; or
(d) enter into contracts, joint ventures and commercial arrangements; or
(e) do anything else necessary or convenient to be done in the performance its functions.
pt.3
Waterways management strategy and waterways management program
Waterways management strategy and waterways management program
pt.3-div.1
Waterways management strategy
Waterways management strategy
sec.14
Meaning of waterways management strategy
sec.14 Meaning of waterways management strategy
A waterways management strategy is a 10-year management strategy about the long-term sustainable use, management and development of the Sunshine Coast waterways.
The purposes of a waterways management strategy are to—
establish a clear direction for the sustainable use, management and development of the Sunshine Coast waterways for a 10-year period; and
identify the needs and priorities for the sustainable use, management and development of the Sunshine Coast waterways into the future, having regard to the benefits for and impacts on—
the local community; and
the local environment; and
local marine industries, tourism and economy.
(sec.14-ssec.1) A waterways management strategy is a 10-year management strategy about the long-term sustainable use, management and development of the Sunshine Coast waterways.
(sec.14-ssec.2) The purposes of a waterways management strategy are to— establish a clear direction for the sustainable use, management and development of the Sunshine Coast waterways for a 10-year period; and identify the needs and priorities for the sustainable use, management and development of the Sunshine Coast waterways into the future, having regard to the benefits for and impacts on— the local community; and the local environment; and local marine industries, tourism and economy.
(a) establish a clear direction for the sustainable use, management and development of the Sunshine Coast waterways for a 10-year period; and
(b) identify the needs and priorities for the sustainable use, management and development of the Sunshine Coast waterways into the future, having regard to the benefits for and impacts on— (i) the local community; and (ii) the local environment; and (iii) local marine industries, tourism and economy.
(i) the local community; and
(ii) the local environment; and
(iii) local marine industries, tourism and economy.
(i) the local community; and
(ii) the local environment; and
(iii) local marine industries, tourism and economy.
sec.15
Development
sec.15 Development
The authority must, from time to time, develop a waterways management strategy for the Minister’s approval.
In developing a waterways management strategy, the authority must—
have regard to the purpose of this Act; and
have regard to agreements or arrangements about navigational access to, marine infrastructure for, and management of, the Sunshine Coast waterways between—
the State and the Moreton Bay City Council; or
the State and the Noosa Shire Council; or
the State and the Sunshine Coast Regional Council; and
take reasonable steps to engage in public consultation; and
consult with—
Maritime Safety Queensland; and
the Moreton Bay City Council; and
the Noosa Shire Council; and
the Sunshine Coast Regional Council.
In relation to a waterways management strategy submitted for approval, the Minister may—
approve the strategy; or
direct the authority to amend the strategy.
(sec.15-ssec.1) The authority must, from time to time, develop a waterways management strategy for the Minister’s approval.
(sec.15-ssec.2) In developing a waterways management strategy, the authority must— have regard to the purpose of this Act; and have regard to agreements or arrangements about navigational access to, marine infrastructure for, and management of, the Sunshine Coast waterways between— the State and the Moreton Bay City Council; or the State and the Noosa Shire Council; or the State and the Sunshine Coast Regional Council; and take reasonable steps to engage in public consultation; and consult with— Maritime Safety Queensland; and the Moreton Bay City Council; and the Noosa Shire Council; and the Sunshine Coast Regional Council.
(sec.15-ssec.3) In relation to a waterways management strategy submitted for approval, the Minister may— approve the strategy; or direct the authority to amend the strategy.
(a) have regard to the purpose of this Act; and
(b) have regard to agreements or arrangements about navigational access to, marine infrastructure for, and management of, the Sunshine Coast waterways between— (i) the State and the Moreton Bay City Council; or (ii) the State and the Noosa Shire Council; or (iii) the State and the Sunshine Coast Regional Council; and
(i) the State and the Moreton Bay City Council; or
(ii) the State and the Noosa Shire Council; or
(iii) the State and the Sunshine Coast Regional Council; and
(c) take reasonable steps to engage in public consultation; and
(d) consult with— (i) Maritime Safety Queensland; and (ii) the Moreton Bay City Council; and (iii) the Noosa Shire Council; and (iv) the Sunshine Coast Regional Council.
(i) Maritime Safety Queensland; and
(ii) the Moreton Bay City Council; and
(iii) the Noosa Shire Council; and
(iv) the Sunshine Coast Regional Council.
(i) the State and the Moreton Bay City Council; or
(ii) the State and the Noosa Shire Council; or
(iii) the State and the Sunshine Coast Regional Council; and
(i) Maritime Safety Queensland; and
(ii) the Moreton Bay City Council; and
(iii) the Noosa Shire Council; and
(iv) the Sunshine Coast Regional Council.
(a) approve the strategy; or
(b) direct the authority to amend the strategy.
sec.16
Content
sec.16 Content
A waterways management strategy must include the following—
a statement of specific objectives sought to be achieved in relation to the Sunshine Coast waterways;
any proposals for achieving the objectives;
the investment criteria for deciding priorities for the proposals to achieve the objectives;
options for financing the delivery of the priorities mentioned in paragraph (c) ;
appropriate performance indicators for deciding whether, and to what extent, the objectives of the strategy have been achieved.
(a) a statement of specific objectives sought to be achieved in relation to the Sunshine Coast waterways;
(b) any proposals for achieving the objectives;
(c) the investment criteria for deciding priorities for the proposals to achieve the objectives;
(d) options for financing the delivery of the priorities mentioned in paragraph (c) ;
(e) appropriate performance indicators for deciding whether, and to what extent, the objectives of the strategy have been achieved.
sec.17
Tabling
sec.17 Tabling
The Minister must table a copy of a waterways management strategy in the Legislative Assembly within 5 sitting days after approving the strategy.
In this section—
waterways management strategy includes an amendment of a waterways management strategy.
(sec.17-ssec.1) The Minister must table a copy of a waterways management strategy in the Legislative Assembly within 5 sitting days after approving the strategy.
(sec.17-ssec.2) In this section— waterways management strategy includes an amendment of a waterways management strategy.
pt.3-div.2
Waterways management program
Waterways management program
sec.18
Development of waterways management program
sec.18 Development of waterways management program
Before the start of each financial year, the authority must develop for the Minister’s approval a Sunshine Coast waterways management program for the financial year and the following 3 financial years (a waterways management program ).
A waterways management program is a program for implementing the waterways management strategy for the financial year and the following 3 financial years.
A waterways management program must include each of the following for the period to which the program relates—
details of projects and activities to be undertaken to implement the waterways management strategy;
details of steps to be undertaken to consult with the public and relevant stakeholders;
the policies and financial measures for implementing the waterways management strategy;
the performance targets to be achieved;
any other matters as directed by the Minister.
(sec.18-ssec.1) Before the start of each financial year, the authority must develop for the Minister’s approval a Sunshine Coast waterways management program for the financial year and the following 3 financial years (a waterways management program ).
(sec.18-ssec.2) A waterways management program is a program for implementing the waterways management strategy for the financial year and the following 3 financial years.
(sec.18-ssec.3) A waterways management program must include each of the following for the period to which the program relates— details of projects and activities to be undertaken to implement the waterways management strategy; details of steps to be undertaken to consult with the public and relevant stakeholders; the policies and financial measures for implementing the waterways management strategy; the performance targets to be achieved; any other matters as directed by the Minister.
(a) details of projects and activities to be undertaken to implement the waterways management strategy;
(b) details of steps to be undertaken to consult with the public and relevant stakeholders;
(c) the policies and financial measures for implementing the waterways management strategy;
(d) the performance targets to be achieved;
(e) any other matters as directed by the Minister.
sec.19
Consultation
sec.19 Consultation
In developing a waterways management program, the authority must take reasonable steps to—
engage in public consultation; and
consult with—
Maritime Safety Queensland; and
the Moreton Bay City Council; and
the Noosa Shire Council; and
the Sunshine Coast Regional Council.
(a) engage in public consultation; and
(b) consult with— (i) Maritime Safety Queensland; and (ii) the Moreton Bay City Council; and (iii) the Noosa Shire Council; and (iv) the Sunshine Coast Regional Council.
(i) Maritime Safety Queensland; and
(ii) the Moreton Bay City Council; and
(iii) the Noosa Shire Council; and
(iv) the Sunshine Coast Regional Council.
(i) Maritime Safety Queensland; and
(ii) the Moreton Bay City Council; and
(iii) the Noosa Shire Council; and
(iv) the Sunshine Coast Regional Council.
sec.20
Approval
sec.20 Approval
The authority must submit a draft waterways management program to the Minister before the start of each financial year.
The Minister may—
approve the program; or
direct the authority to amend the program.
If the Minister approves the program, the authority must publish the program on the authority’s website.
If the Minister gives a direction to amend the program, the authority must comply with the direction.
(sec.20-ssec.1) The authority must submit a draft waterways management program to the Minister before the start of each financial year.
(sec.20-ssec.2) The Minister may— approve the program; or direct the authority to amend the program.
(sec.20-ssec.3) If the Minister approves the program, the authority must publish the program on the authority’s website.
(sec.20-ssec.4) If the Minister gives a direction to amend the program, the authority must comply with the direction.
(a) approve the program; or
(b) direct the authority to amend the program.
sec.21
Consistency with waterways management strategy
sec.21 Consistency with waterways management strategy
Subject to a direction of the Minister, a waterways management program must be consistent with the waterways management strategy for the period to which the program relates.
If the Minister gives a direction under section 20 (2) (b) that results in a waterways management program being inconsistent with the waterways management strategy for the period to which the program relates, the Minister must table a copy of the direction in the Legislative Assembly within 5 sitting days after the direction is given.
(sec.21-ssec.1) Subject to a direction of the Minister, a waterways management program must be consistent with the waterways management strategy for the period to which the program relates.
(sec.21-ssec.2) If the Minister gives a direction under section 20 (2) (b) that results in a waterways management program being inconsistent with the waterways management strategy for the period to which the program relates, the Minister must table a copy of the direction in the Legislative Assembly within 5 sitting days after the direction is given.
pt.4
Sunshine Coast Waterways Authority Board
Sunshine Coast Waterways Authority Board
pt.4-div.1
Establishment, functions and powers
Establishment, functions and powers
sec.22
Establishment
sec.22 Establishment
The Sunshine Coast Waterways Authority Board (the board ) is established as the governing body of the authority.
sec.23
Functions
sec.23 Functions
The functions of the board are—
to ensure the authority performs its functions in a proper, effective and efficient manner; and
any other function given to the board under this Act or another Act.
(a) to ensure the authority performs its functions in a proper, effective and efficient manner; and
(b) any other function given to the board under this Act or another Act.
sec.24
Powers
sec.24 Powers
The board has the powers to do anything necessary or convenient for the performance of its functions.
Anything done in the name of, or for, the authority by the board is taken to have been done by the authority.
(sec.24-ssec.1) The board has the powers to do anything necessary or convenient for the performance of its functions.
(sec.24-ssec.2) Anything done in the name of, or for, the authority by the board is taken to have been done by the authority.
pt.4-div.2
Composition
Composition
sec.25
Composition
sec.25 Composition
The board consists of a chairperson and 6 other persons.
A person mentioned in subsection (1) is an appointed member .
An appointed member must be appointed by the Governor in Council on the recommendation of the Minister.
(sec.25-ssec.1) The board consists of a chairperson and 6 other persons.
(sec.25-ssec.2) A person mentioned in subsection (1) is an appointed member .
(sec.25-ssec.3) An appointed member must be appointed by the Governor in Council on the recommendation of the Minister.
sec.26
Prospective appointees
sec.26 Prospective appointees
This section applies if a person is being considered for appointment as an appointed member.
The Minister may ask the person to give the Minister a written statement stating—
whether the person is disqualified from becoming an appointed member under section 33 ; and
whether or not the person, or any close relative of the person, has an interest that, if the appointment is made, conflicts or may conflict with the proper performance of the person’s functions under the appointment.
The person must not give the Minister a statement under subsection (2) that the person knows is false or misleading in a material particular.
Maximum penalty—100 penalty units.
(sec.26-ssec.1) This section applies if a person is being considered for appointment as an appointed member.
(sec.26-ssec.2) The Minister may ask the person to give the Minister a written statement stating— whether the person is disqualified from becoming an appointed member under section 33 ; and whether or not the person, or any close relative of the person, has an interest that, if the appointment is made, conflicts or may conflict with the proper performance of the person’s functions under the appointment.
(sec.26-ssec.3) The person must not give the Minister a statement under subsection (2) that the person knows is false or misleading in a material particular. Maximum penalty—100 penalty units.
(a) whether the person is disqualified from becoming an appointed member under section 33 ; and
(b) whether or not the person, or any close relative of the person, has an interest that, if the appointment is made, conflicts or may conflict with the proper performance of the person’s functions under the appointment.
sec.27
Appointed members
sec.27 Appointed members
The Minister may recommend a person to be an appointed member if the Minister is satisfied that—
the person is not disqualified from becoming an appointed member under section 33 ; and
the person is appropriately qualified in 1 or more of the following areas—
accounting;
corporate governance;
finance;
management of entities delivering public services;
commercial and marketing development;
maritime business;
environmental management;
marine science;
marine, coastal or waterways planning;
marine, coastal, waterways or infrastructure engineering;
the representation of the interests of stakeholders in the Sunshine Coast waterways including, for example, native title holders, industry, recreational waterway users, tourism operators and interested groups;
another area the Minister considers relevant to achieving the purpose of this Act.
(a) the person is not disqualified from becoming an appointed member under section 33 ; and
(b) the person is appropriately qualified in 1 or more of the following areas— (i) accounting; (ii) corporate governance; (iii) finance; (iv) management of entities delivering public services; (v) commercial and marketing development; (vi) maritime business; (vii) environmental management; (viii) marine science; (ix) marine, coastal or waterways planning; (x) marine, coastal, waterways or infrastructure engineering; (xi) the representation of the interests of stakeholders in the Sunshine Coast waterways including, for example, native title holders, industry, recreational waterway users, tourism operators and interested groups; (xii) another area the Minister considers relevant to achieving the purpose of this Act.
(i) accounting;
(ii) corporate governance;
(iii) finance;
(iv) management of entities delivering public services;
(v) commercial and marketing development;
(vi) maritime business;
(vii) environmental management;
(viii) marine science;
(ix) marine, coastal or waterways planning;
(x) marine, coastal, waterways or infrastructure engineering;
(xi) the representation of the interests of stakeholders in the Sunshine Coast waterways including, for example, native title holders, industry, recreational waterway users, tourism operators and interested groups;
(xii) another area the Minister considers relevant to achieving the purpose of this Act.
(i) accounting;
(ii) corporate governance;
(iii) finance;
(iv) management of entities delivering public services;
(v) commercial and marketing development;
(vi) maritime business;
(vii) environmental management;
(viii) marine science;
(ix) marine, coastal or waterways planning;
(x) marine, coastal, waterways or infrastructure engineering;
(xi) the representation of the interests of stakeholders in the Sunshine Coast waterways including, for example, native title holders, industry, recreational waterway users, tourism operators and interested groups;
(xii) another area the Minister considers relevant to achieving the purpose of this Act.
sec.28
Term of appointment
sec.28 Term of appointment
An appointed member holds office for the term stated in the member’s instrument of appointment.
The stated term must not be longer than 4 years.
An appointed member may be reappointed.
However, the total of the appointed member’s terms may not be longer than 8 years.
(sec.28-ssec.1) An appointed member holds office for the term stated in the member’s instrument of appointment.
(sec.28-ssec.2) The stated term must not be longer than 4 years.
(sec.28-ssec.3) An appointed member may be reappointed.
(sec.28-ssec.4) However, the total of the appointed member’s terms may not be longer than 8 years.
sec.29
Conditions of appointment
sec.29 Conditions of appointment
An appointed member is to be paid the remuneration and allowances decided by the Governor in Council.
An appointed member holds office on the terms and conditions, not provided for by this Act, decided by the Governor in Council.
(sec.29-ssec.1) An appointed member is to be paid the remuneration and allowances decided by the Governor in Council.
(sec.29-ssec.2) An appointed member holds office on the terms and conditions, not provided for by this Act, decided by the Governor in Council.
sec.30
Appointed members to disclose particular matters
sec.30 Appointed members to disclose particular matters
This section applies to a person who—
is an appointed member; and
during the term of the person’s appointment the person becomes disqualified under section 33 (1) , other than under section 33 (1) (d) .
The person must, unless the person has a reasonable excuse, immediately give written notice of the arrangement, appointment, employment, disqualification, insolvency or election to the Minister.
Maximum penalty—100 penalty units.
See section 62 for the requirement for a person who is an appointed member to give notice of a change in the person’s criminal history.
(sec.30-ssec.1) This section applies to a person who— is an appointed member; and during the term of the person’s appointment the person becomes disqualified under section 33 (1) , other than under section 33 (1) (d) .
(sec.30-ssec.2) The person must, unless the person has a reasonable excuse, immediately give written notice of the arrangement, appointment, employment, disqualification, insolvency or election to the Minister. Maximum penalty—100 penalty units. See section 62 for the requirement for a person who is an appointed member to give notice of a change in the person’s criminal history.
(a) is an appointed member; and
(b) during the term of the person’s appointment the person becomes disqualified under section 33 (1) , other than under section 33 (1) (d) .
sec.31
Suspension from office
sec.31 Suspension from office
This section applies if—
a matter has arisen in relation to an appointed member; and
the Minister considers it is necessary in the public interest for the appointed member to be suspended from office pending further consideration of the matter.
The Minister may, by written notice given to the appointed member, suspend the appointed member for a period not exceeding 60 days.
If the Minister considers it is necessary in the circumstances, the Minister may, by written notice given to the appointed member, extend the suspension from time to time by periods not exceeding 60 days.
The Minister must advise the appointed member by written notice if the Minister ends the member’s suspension.
(sec.31-ssec.1) This section applies if— a matter has arisen in relation to an appointed member; and the Minister considers it is necessary in the public interest for the appointed member to be suspended from office pending further consideration of the matter.
(sec.31-ssec.2) The Minister may, by written notice given to the appointed member, suspend the appointed member for a period not exceeding 60 days.
(sec.31-ssec.3) If the Minister considers it is necessary in the circumstances, the Minister may, by written notice given to the appointed member, extend the suspension from time to time by periods not exceeding 60 days.
(sec.31-ssec.4) The Minister must advise the appointed member by written notice if the Minister ends the member’s suspension.
(a) a matter has arisen in relation to an appointed member; and
(b) the Minister considers it is necessary in the public interest for the appointed member to be suspended from office pending further consideration of the matter.
sec.32
Vacancy in office
sec.32 Vacancy in office
The office of an appointed member becomes vacant if the appointed member—
completes a term of office and is not reappointed; or
is disqualified from continuing as an appointed member under section 33 ; or
resigns office by signed notice given to the Minister; or
is removed from office as an appointed member.
(a) completes a term of office and is not reappointed; or
(b) is disqualified from continuing as an appointed member under section 33 ; or
(c) resigns office by signed notice given to the Minister; or
(d) is removed from office as an appointed member.
sec.33
Disqualification
sec.33 Disqualification
A person is disqualified from becoming, or continuing in office as, an appointed member if the person—
is a party to a contract with the authority relating to the Sunshine Coast waterways (a relevant contract ); or
is a related entity of a body corporate, under the Corporations Act , that is a party to a relevant contract; or
is an employee of a party to a relevant contract, unless the party is the Moreton Bay City Council, Noosa Shire Council or the Sunshine Coast Regional Council; or
has a conviction for an indictable offence, other than a spent conviction; or
is disqualified from managing corporations under the Corporations Act , part 2D .6; or
is, or has been, an insolvent under administration; or
is a member of the Legislative Assembly or the parliament of the Commonwealth or another State.
Also, a person is disqualified from becoming, or continuing in office as, an appointed member if the person does not consent to the Minister requesting a report about the person’s criminal history under part 8 , division 1 .
(sec.33-ssec.1) A person is disqualified from becoming, or continuing in office as, an appointed member if the person— is a party to a contract with the authority relating to the Sunshine Coast waterways (a relevant contract ); or is a related entity of a body corporate, under the Corporations Act , that is a party to a relevant contract; or is an employee of a party to a relevant contract, unless the party is the Moreton Bay City Council, Noosa Shire Council or the Sunshine Coast Regional Council; or has a conviction for an indictable offence, other than a spent conviction; or is disqualified from managing corporations under the Corporations Act , part 2D .6; or is, or has been, an insolvent under administration; or is a member of the Legislative Assembly or the parliament of the Commonwealth or another State.
(sec.33-ssec.2) Also, a person is disqualified from becoming, or continuing in office as, an appointed member if the person does not consent to the Minister requesting a report about the person’s criminal history under part 8 , division 1 .
(a) is a party to a contract with the authority relating to the Sunshine Coast waterways (a relevant contract ); or
(b) is a related entity of a body corporate, under the Corporations Act , that is a party to a relevant contract; or
(c) is an employee of a party to a relevant contract, unless the party is the Moreton Bay City Council, Noosa Shire Council or the Sunshine Coast Regional Council; or
(d) has a conviction for an indictable offence, other than a spent conviction; or
(e) is disqualified from managing corporations under the Corporations Act , part 2D .6; or
(f) is, or has been, an insolvent under administration; or
(g) is a member of the Legislative Assembly or the parliament of the Commonwealth or another State.
pt.4-div.3
Board meetings
Board meetings
sec.34
Conduct of business
sec.34 Conduct of business
Subject to this division, the board may conduct its business, including its meetings, in the way it considers appropriate.
sec.35
Meetings generally
sec.35 Meetings generally
The chairperson may convene a meeting of the board (a board meeting ) as the chairperson considers appropriate.
However, the chairperson must call a board meeting—
at least once in each quarter; and
if asked, in writing, to do so by at least 2 appointed members.
The board may hold board meetings, or allow appointed members to take part in board meetings, by using any technology allowing reasonably contemporaneous and continuous communication between members taking part in the meeting.
An appointed member who takes part in a board meeting under subsection (3) is taken to be present at the meeting.
(sec.35-ssec.1) The chairperson may convene a meeting of the board (a board meeting ) as the chairperson considers appropriate.
(sec.35-ssec.2) However, the chairperson must call a board meeting— at least once in each quarter; and if asked, in writing, to do so by at least 2 appointed members.
(sec.35-ssec.3) The board may hold board meetings, or allow appointed members to take part in board meetings, by using any technology allowing reasonably contemporaneous and continuous communication between members taking part in the meeting.
(sec.35-ssec.4) An appointed member who takes part in a board meeting under subsection (3) is taken to be present at the meeting.
(a) at least once in each quarter; and
(b) if asked, in writing, to do so by at least 2 appointed members.
sec.36
Quorum
sec.36 Quorum
A quorum for a board meeting is more than half of the appointed members of the board at the time the meeting is held.
sec.37
Presiding at meetings
sec.37 Presiding at meetings
The chairperson must preside at all board meetings at which the chairperson is present.
If the chairperson is absent from a board meeting, the following member must preside—
the appointed member chosen by the chairperson;
if the chairperson has not chosen a person to preside in their absence—the appointed member chosen by the members present.
(sec.37-ssec.1) The chairperson must preside at all board meetings at which the chairperson is present.
(sec.37-ssec.2) If the chairperson is absent from a board meeting, the following member must preside— the appointed member chosen by the chairperson; if the chairperson has not chosen a person to preside in their absence—the appointed member chosen by the members present.
(a) the appointed member chosen by the chairperson;
(b) if the chairperson has not chosen a person to preside in their absence—the appointed member chosen by the members present.
sec.38
Disclosure of conflicts of interest
sec.38 Disclosure of conflicts of interest
This section applies if an appointed member, or a close relative of an appointed member, has an interest that conflicts or may conflict with the proper performance of the member’s functions.
The appointed member must, as soon as practicable, disclose the interest to—
if the matter is being considered or about to be considered by the board—the board; or
otherwise—the Minister.
Maximum penalty—100 penalty units.
If an appointed member has disclosed an interest relating to a matter being considered or about to be considered by the board, the member must not participate in the board’s consideration of the matter.
Maximum penalty—100 penalty units.
(sec.38-ssec.1) This section applies if an appointed member, or a close relative of an appointed member, has an interest that conflicts or may conflict with the proper performance of the member’s functions.
(sec.38-ssec.2) The appointed member must, as soon as practicable, disclose the interest to— if the matter is being considered or about to be considered by the board—the board; or otherwise—the Minister. Maximum penalty—100 penalty units.
(sec.38-ssec.3) If an appointed member has disclosed an interest relating to a matter being considered or about to be considered by the board, the member must not participate in the board’s consideration of the matter. Maximum penalty—100 penalty units.
(a) if the matter is being considered or about to be considered by the board—the board; or
(b) otherwise—the Minister.
sec.39
Voting at meetings
sec.39 Voting at meetings
A question at the meeting is decided by a majority of the votes of the appointed members present at the board meeting.
If the votes are equal, the appointed member presiding at the board meeting has a casting vote.
(sec.39-ssec.1) A question at the meeting is decided by a majority of the votes of the appointed members present at the board meeting.
(sec.39-ssec.2) If the votes are equal, the appointed member presiding at the board meeting has a casting vote.
sec.40
Decisions outside meetings
sec.40 Decisions outside meetings
A decision of the board, other than a decision at a board meeting, may be made only with the written agreement of a majority of appointed members.
sec.41
Minutes
sec.41 Minutes
The board must keep—
minutes of board meetings; and
records of decisions made outside of meetings.
(a) minutes of board meetings; and
(b) records of decisions made outside of meetings.
pt.4-div.4
Committees
Committees
sec.42
Establishment of committees
sec.42 Establishment of committees
The board may establish 1 or more committees to assist in the performance of the board’s functions.
The members of a committee of the board are the appointed members decided by the board.
Subject to the directions of the board, a committee of the board may conduct its proceedings, including its meetings, as it considers appropriate.
(sec.42-ssec.1) The board may establish 1 or more committees to assist in the performance of the board’s functions.
(sec.42-ssec.2) The members of a committee of the board are the appointed members decided by the board.
(sec.42-ssec.3) Subject to the directions of the board, a committee of the board may conduct its proceedings, including its meetings, as it considers appropriate.
pt.5
Staff
Staff
pt.5-div.1
Chief executive officer
Chief executive officer
sec.43
Prospective chief executive officer
sec.43 Prospective chief executive officer
This section applies if a person is being considered for appointment to the office of chief executive officer.
The Minister may ask the person to give the Minister a written statement stating—
whether the person is disqualified from becoming the chief executive officer under section 51 ; and
whether or not the person, or a close relative of the person, has an interest that, if the appointment is made, conflicts or may conflict with the proper performance of the person’s functions under the appointment.
The person must not give the Minister a statement under subsection (2) that the person knows is false or misleading in a material particular.
Maximum penalty—100 penalty units.
(sec.43-ssec.1) This section applies if a person is being considered for appointment to the office of chief executive officer.
(sec.43-ssec.2) The Minister may ask the person to give the Minister a written statement stating— whether the person is disqualified from becoming the chief executive officer under section 51 ; and whether or not the person, or a close relative of the person, has an interest that, if the appointment is made, conflicts or may conflict with the proper performance of the person’s functions under the appointment.
(sec.43-ssec.3) The person must not give the Minister a statement under subsection (2) that the person knows is false or misleading in a material particular. Maximum penalty—100 penalty units.
(a) whether the person is disqualified from becoming the chief executive officer under section 51 ; and
(b) whether or not the person, or a close relative of the person, has an interest that, if the appointment is made, conflicts or may conflict with the proper performance of the person’s functions under the appointment.
sec.44
Appointment
sec.44 Appointment
There must be a chief executive officer of the authority.
The chief executive officer is appointed by the Governor in Council on the recommendation of the Minister.
The Minister may recommend a person for appointment as the chief executive officer if—
the Minister is satisfied the person is not disqualified from becoming the chief executive officer under section 51 ; and
the Minister has consulted the board about the appointment of the person.
The chief executive officer is appointed under this Act and not under the Public Sector Act 2022 .
The chief executive officer is responsible for the day-to-day administration of the authority’s operations in accordance with the priorities set by the board.
The chief executive officer has the power to do all things necessary or convenient to be done for the performance of the chief executive officer’s functions.
The chief executive officer is accountable to the board.
(sec.44-ssec.1) There must be a chief executive officer of the authority.
(sec.44-ssec.2) The chief executive officer is appointed by the Governor in Council on the recommendation of the Minister.
(sec.44-ssec.3) The Minister may recommend a person for appointment as the chief executive officer if— the Minister is satisfied the person is not disqualified from becoming the chief executive officer under section 51 ; and the Minister has consulted the board about the appointment of the person.
(sec.44-ssec.4) The chief executive officer is appointed under this Act and not under the Public Sector Act 2022 .
(sec.44-ssec.5) The chief executive officer is responsible for the day-to-day administration of the authority’s operations in accordance with the priorities set by the board.
(sec.44-ssec.6) The chief executive officer has the power to do all things necessary or convenient to be done for the performance of the chief executive officer’s functions.
(sec.44-ssec.7) The chief executive officer is accountable to the board.
(a) the Minister is satisfied the person is not disqualified from becoming the chief executive officer under section 51 ; and
(b) the Minister has consulted the board about the appointment of the person.
sec.45
Term of appointment
sec.45 Term of appointment
The chief executive officer is appointed for the term stated in the chief executive officer’s instrument of appointment.
The stated term must be not longer than 5 years.
The chief executive officer may be reappointed.
(sec.45-ssec.1) The chief executive officer is appointed for the term stated in the chief executive officer’s instrument of appointment.
(sec.45-ssec.2) The stated term must be not longer than 5 years.
(sec.45-ssec.3) The chief executive officer may be reappointed.
sec.46
Conditions of appointment
sec.46 Conditions of appointment
The chief executive officer is to be paid the remuneration and allowances decided by the Governor in Council.
For matters not provided for under this Act or stated in the chief executive officer’s instrument of appointment, the chief executive officer holds office on the terms and conditions decided by the Governor in Council.
(sec.46-ssec.1) The chief executive officer is to be paid the remuneration and allowances decided by the Governor in Council.
(sec.46-ssec.2) For matters not provided for under this Act or stated in the chief executive officer’s instrument of appointment, the chief executive officer holds office on the terms and conditions decided by the Governor in Council.
sec.47
Preservation of rights
sec.47 Preservation of rights
This section applies if a person who is a public service officer is appointed as the chief executive officer.
The person keeps all rights accrued or accruing to the person as a public service officer as if service as the chief executive officer were a continuation of service as a public service officer.
At the end of the person’s term of office or resignation as the chief executive officer, the person’s service as the chief executive officer is taken to be service of a like nature in the public service for deciding the person’s rights as a public service officer.
(sec.47-ssec.1) This section applies if a person who is a public service officer is appointed as the chief executive officer.
(sec.47-ssec.2) The person keeps all rights accrued or accruing to the person as a public service officer as if service as the chief executive officer were a continuation of service as a public service officer.
(sec.47-ssec.3) At the end of the person’s term of office or resignation as the chief executive officer, the person’s service as the chief executive officer is taken to be service of a like nature in the public service for deciding the person’s rights as a public service officer.
sec.48
Disclosure of conflicts of interest
sec.48 Disclosure of conflicts of interest
This section applies if the chief executive officer, or a close relative of the chief executive officer, has an interest that conflicts or may conflict with the proper performance of the chief executive officer’s functions.
The chief executive officer must, as soon as practicable, disclose the interest to—
if the matter is being considered or about to be considered by the board—the board; or
otherwise—the Minister.
Maximum penalty—100 penalty units.
(sec.48-ssec.1) This section applies if the chief executive officer, or a close relative of the chief executive officer, has an interest that conflicts or may conflict with the proper performance of the chief executive officer’s functions.
(sec.48-ssec.2) The chief executive officer must, as soon as practicable, disclose the interest to— if the matter is being considered or about to be considered by the board—the board; or otherwise—the Minister. Maximum penalty—100 penalty units.
(a) if the matter is being considered or about to be considered by the board—the board; or
(b) otherwise—the Minister.
sec.49
Disclosure of particular matters
sec.49 Disclosure of particular matters
This section applies to a person who—
is the chief executive officer; and
during the term of the person’s appointment becomes disqualified under section 51 (1) , other than section 51 (1) (d) .
The person must, unless the person has a reasonable excuse, immediately give written notice of the arrangement, appointment, employment, disqualification, insolvency or election to the Minister.
Maximum penalty—100 penalty units.
See section 62 for the requirement for a person who is the chief executive officer to give notice of a change in the person’s criminal history.
(sec.49-ssec.1) This section applies to a person who— is the chief executive officer; and during the term of the person’s appointment becomes disqualified under section 51 (1) , other than section 51 (1) (d) .
(sec.49-ssec.2) The person must, unless the person has a reasonable excuse, immediately give written notice of the arrangement, appointment, employment, disqualification, insolvency or election to the Minister. Maximum penalty—100 penalty units. See section 62 for the requirement for a person who is the chief executive officer to give notice of a change in the person’s criminal history.
(a) is the chief executive officer; and
(b) during the term of the person’s appointment becomes disqualified under section 51 (1) , other than section 51 (1) (d) .
sec.50
Vacancy in office
sec.50 Vacancy in office
The office of chief executive officer becomes vacant if the chief executive officer—
completes a term of office and is not reappointed; or
is disqualified from continuing in office under section 51 ; or
resigns by signed notice under section 52 ; or
is removed from office.
(a) completes a term of office and is not reappointed; or
(b) is disqualified from continuing in office under section 51 ; or
(c) resigns by signed notice under section 52 ; or
(d) is removed from office.
sec.51
Disqualification
sec.51 Disqualification
A person is disqualified from becoming, or continuing in office as, the chief executive officer if the person—
is a party to a contract with the authority relating to the Sunshine Coast waterways (a relevant contract ); or
is a related entity of a body corporate, under the Corporations Act , that is a party to a relevant contract; or
is an employee of a party to a relevant contract, unless the party is the Moreton Bay City Council, the Noosa Shire Council or the Sunshine Coast Regional Council; or
has a conviction for an indictable offence, other than a spent conviction; or
is disqualified from managing corporations under the Corporations Act , part 2D .6; or
is, or has been, an insolvent under administration; or
is a councillor of a local government; or
is a member of the Legislative Assembly or the parliament of the Commonwealth or another State.
Also, a person is disqualified from becoming, or continuing in office as, the chief executive officer if the person does not consent to the Minister requesting a report about the person’s criminal history under part 8 , division 1 .
(sec.51-ssec.1) A person is disqualified from becoming, or continuing in office as, the chief executive officer if the person— is a party to a contract with the authority relating to the Sunshine Coast waterways (a relevant contract ); or is a related entity of a body corporate, under the Corporations Act , that is a party to a relevant contract; or is an employee of a party to a relevant contract, unless the party is the Moreton Bay City Council, the Noosa Shire Council or the Sunshine Coast Regional Council; or has a conviction for an indictable offence, other than a spent conviction; or is disqualified from managing corporations under the Corporations Act , part 2D .6; or is, or has been, an insolvent under administration; or is a councillor of a local government; or is a member of the Legislative Assembly or the parliament of the Commonwealth or another State.
(sec.51-ssec.2) Also, a person is disqualified from becoming, or continuing in office as, the chief executive officer if the person does not consent to the Minister requesting a report about the person’s criminal history under part 8 , division 1 .
(a) is a party to a contract with the authority relating to the Sunshine Coast waterways (a relevant contract ); or
(b) is a related entity of a body corporate, under the Corporations Act , that is a party to a relevant contract; or
(c) is an employee of a party to a relevant contract, unless the party is the Moreton Bay City Council, the Noosa Shire Council or the Sunshine Coast Regional Council; or
(d) has a conviction for an indictable offence, other than a spent conviction; or
(e) is disqualified from managing corporations under the Corporations Act , part 2D .6; or
(f) is, or has been, an insolvent under administration; or
(g) is a councillor of a local government; or
(h) is a member of the Legislative Assembly or the parliament of the Commonwealth or another State.
sec.52
Resignation
sec.52 Resignation
The chief executive officer may resign the chief executive officer’s office by signed notice given to the board.
The resignation takes effect—
on the day the notice is given; or
if a later day is stated in the notice— on the later day.
If the chief executive officer resigns office under subsection (1) , the board must immediately give the Minister written notice of the resignation.
(sec.52-ssec.1) The chief executive officer may resign the chief executive officer’s office by signed notice given to the board.
(sec.52-ssec.2) The resignation takes effect— on the day the notice is given; or if a later day is stated in the notice— on the later day.
(sec.52-ssec.3) If the chief executive officer resigns office under subsection (1) , the board must immediately give the Minister written notice of the resignation.
(a) on the day the notice is given; or
(b) if a later day is stated in the notice— on the later day.
sec.53
Acting chief executive officer
sec.53 Acting chief executive officer
The Minister may, by signed notice, appoint a person to act in the office of the chief executive officer if—
there is a vacancy in the office of the chief executive officer; or
the chief executive officer is absent from duty or, for another reason, can not perform the duties of the office.
However, the Minister may appoint a person to act in the office of the chief executive officer only if—
the person is not disqualified from becoming the chief executive officer under section 51 ; and
the Minister has consulted the board about the appointment of the person.
This section does not limit or otherwise affect the application of the Acts Interpretation Act 1954 , section 24B or 25 for the appointment.
(sec.53-ssec.1) The Minister may, by signed notice, appoint a person to act in the office of the chief executive officer if— there is a vacancy in the office of the chief executive officer; or the chief executive officer is absent from duty or, for another reason, can not perform the duties of the office.
(sec.53-ssec.2) However, the Minister may appoint a person to act in the office of the chief executive officer only if— the person is not disqualified from becoming the chief executive officer under section 51 ; and the Minister has consulted the board about the appointment of the person.
(sec.53-ssec.3) This section does not limit or otherwise affect the application of the Acts Interpretation Act 1954 , section 24B or 25 for the appointment.
(a) there is a vacancy in the office of the chief executive officer; or
(b) the chief executive officer is absent from duty or, for another reason, can not perform the duties of the office.
(a) the person is not disqualified from becoming the chief executive officer under section 51 ; and
(b) the Minister has consulted the board about the appointment of the person.
pt.5-div.2
Other staff
Other staff
sec.54
Authority’s staff
sec.54 Authority’s staff
The authority may employ other staff it considers necessary to perform its functions.
The staff are employed under the Public Sector Act 2022 .
(sec.54-ssec.1) The authority may employ other staff it considers necessary to perform its functions.
(sec.54-ssec.2) The staff are employed under the Public Sector Act 2022 .
pt.6
Ministerial directions, reporting and information
Ministerial directions, reporting and information
sec.55
Ministerial directions
sec.55 Ministerial directions
The Minister may give the authority a written direction about a matter relevant to the performance of the authority’s functions or the exercise of its powers if the Minister is satisfied it is reasonably necessary to give the direction.
Without limiting subsection (1) , the Minister may give the authority a direction under that subsection—
to give the Minister information held or controlled by the authority; or
to submit to the Minister a document for the Minister’s approval; or
to give the Minister a report about a matter relevant to the authority’s functions.
If a direction is given under this section, the authority must comply with the direction.
(sec.55-ssec.1) The Minister may give the authority a written direction about a matter relevant to the performance of the authority’s functions or the exercise of its powers if the Minister is satisfied it is reasonably necessary to give the direction.
(sec.55-ssec.2) Without limiting subsection (1) , the Minister may give the authority a direction under that subsection— to give the Minister information held or controlled by the authority; or to submit to the Minister a document for the Minister’s approval; or to give the Minister a report about a matter relevant to the authority’s functions.
(sec.55-ssec.3) If a direction is given under this section, the authority must comply with the direction.
(a) to give the Minister information held or controlled by the authority; or
(b) to submit to the Minister a document for the Minister’s approval; or
(c) to give the Minister a report about a matter relevant to the authority’s functions.
sec.56
Quarterly reports
sec.56 Quarterly reports
The authority must give the Minister a report about the performance of its functions for each quarter in a financial year.
A quarterly report must be given to the Minister—
within 6 weeks after the end of the quarter; or
if another period after the end of the quarter is agreed between the authority and the Minister—within the agreed period.
Without limiting subsection (1) , the report must address the following matters—
the progress of projects and activities undertaken to implement the waterways management strategy;
other activities for management of the Sunshine Coast waterways;
the revenue and expenditure of the authority.
In this section—
quarter , in a financial year, means the following periods in the year—
1 July to 30 September;
1 October to 31 December;
1 January to 31 March;
1 April to 30 June.
(sec.56-ssec.1) The authority must give the Minister a report about the performance of its functions for each quarter in a financial year.
(sec.56-ssec.2) A quarterly report must be given to the Minister— within 6 weeks after the end of the quarter; or if another period after the end of the quarter is agreed between the authority and the Minister—within the agreed period.
(sec.56-ssec.3) Without limiting subsection (1) , the report must address the following matters— the progress of projects and activities undertaken to implement the waterways management strategy; other activities for management of the Sunshine Coast waterways; the revenue and expenditure of the authority.
(sec.56-ssec.4) In this section— quarter , in a financial year, means the following periods in the year— 1 July to 30 September; 1 October to 31 December; 1 January to 31 March; 1 April to 30 June.
(a) within 6 weeks after the end of the quarter; or
(b) if another period after the end of the quarter is agreed between the authority and the Minister—within the agreed period.
(a) the progress of projects and activities undertaken to implement the waterways management strategy;
(b) other activities for management of the Sunshine Coast waterways;
(c) the revenue and expenditure of the authority.
(a) 1 July to 30 September;
(b) 1 October to 31 December;
(c) 1 January to 31 March;
(d) 1 April to 30 June.
sec.57
Annual report
sec.57 Annual report
This section applies to each annual report the authority is required to prepare and give to the Minister under the Financial Accountability Act 2009 , section 63 .
The annual report must include the following—
a copy of any Ministerial directions given during the year to which the annual report relates (the year );
details about projects undertaken during the year to implement the waterways management strategy;
a statement about how the authority performed its functions during the year compared with the expected performance for the year under the authority’s waterways management program;
any other matter prescribed by regulation for this section.
This section does not limit the Financial Accountability Act 2009 .
(sec.57-ssec.1) This section applies to each annual report the authority is required to prepare and give to the Minister under the Financial Accountability Act 2009 , section 63 .
(sec.57-ssec.2) The annual report must include the following— a copy of any Ministerial directions given during the year to which the annual report relates (the year ); details about projects undertaken during the year to implement the waterways management strategy; a statement about how the authority performed its functions during the year compared with the expected performance for the year under the authority’s waterways management program; any other matter prescribed by regulation for this section.
(sec.57-ssec.3) This section does not limit the Financial Accountability Act 2009 .
(a) a copy of any Ministerial directions given during the year to which the annual report relates (the year );
(b) details about projects undertaken during the year to implement the waterways management strategy;
(c) a statement about how the authority performed its functions during the year compared with the expected performance for the year under the authority’s waterways management program;
(d) any other matter prescribed by regulation for this section.
sec.58
Exchange of information
sec.58 Exchange of information
The authority may enter into an arrangement (an information-sharing arrangement ) with a relevant agency for the purposes of sharing or exchanging information—
held by the authority or relevant agency; or
to which the authority or relevant agency has access.
An information-sharing arrangement may relate only to information that assists—
the authority perform the authority’s functions under this Act; or
the relevant agency perform its functions.
Under an information-sharing arrangement, the authority and the relevant agency are, despite another Act or law, authorised to—
ask for and receive information held by the other party to the arrangement or to which the other party has access; and
disclose information to the other party.
In this section—
relevant agency means—
the chief executive of the department in which the Fisheries Act 1994 is administered; or
the chief executive of the department in which the Transport Infrastructure Act 1994 is administered; or
the general manager of Maritime Safety Queensland; or
the police commissioner; or
an entity prescribed by regulation for this definition.
(sec.58-ssec.1) The authority may enter into an arrangement (an information-sharing arrangement ) with a relevant agency for the purposes of sharing or exchanging information— held by the authority or relevant agency; or to which the authority or relevant agency has access.
(sec.58-ssec.2) An information-sharing arrangement may relate only to information that assists— the authority perform the authority’s functions under this Act; or the relevant agency perform its functions.
(sec.58-ssec.3) Under an information-sharing arrangement, the authority and the relevant agency are, despite another Act or law, authorised to— ask for and receive information held by the other party to the arrangement or to which the other party has access; and disclose information to the other party.
(sec.58-ssec.4) In this section— relevant agency means— the chief executive of the department in which the Fisheries Act 1994 is administered; or the chief executive of the department in which the Transport Infrastructure Act 1994 is administered; or the general manager of Maritime Safety Queensland; or the police commissioner; or an entity prescribed by regulation for this definition.
(a) held by the authority or relevant agency; or
(b) to which the authority or relevant agency has access.
(a) the authority perform the authority’s functions under this Act; or
(b) the relevant agency perform its functions.
(a) ask for and receive information held by the other party to the arrangement or to which the other party has access; and
(b) disclose information to the other party.
(a) the chief executive of the department in which the Fisheries Act 1994 is administered; or
(b) the chief executive of the department in which the Transport Infrastructure Act 1994 is administered; or
(c) the general manager of Maritime Safety Queensland; or
(d) the police commissioner; or
(e) an entity prescribed by regulation for this definition.
pt.7
Financial provisions
Financial provisions
sec.59
Particular amounts received must be paid into the consolidated fund
sec.59 Particular amounts received must be paid into the consolidated fund
The authority must pay amounts received under this or another Act into the consolidated fund, including, for example, amounts received for fees in relation to buoy moorings and aquatic events under the Transport Operations (Marine Safety) Act 1994 .
However, an amount received or recovered by the authority in the authority’s capacity as the manager of a public marine facility under the Transport Infrastructure Act 1994 may be retained by the authority and not paid into the consolidated fund.
See the Transport Infrastructure Act 1994 , section 480 (8) .
(sec.59-ssec.1) The authority must pay amounts received under this or another Act into the consolidated fund, including, for example, amounts received for fees in relation to buoy moorings and aquatic events under the Transport Operations (Marine Safety) Act 1994 .
(sec.59-ssec.2) However, an amount received or recovered by the authority in the authority’s capacity as the manager of a public marine facility under the Transport Infrastructure Act 1994 may be retained by the authority and not paid into the consolidated fund. See the Transport Infrastructure Act 1994 , section 480 (8) .
sec.60
Authority not liable for particular charges
sec.60 Authority not liable for particular charges
The authority is not liable to pay royalties or similar charges for extractive material removed in exercising a power under this Act if the material is disposed of—
in an area approved by the Minister; and
under environmental controls relating to extractive material under an Act.
(a) in an area approved by the Minister; and
(b) under environmental controls relating to extractive material under an Act.
pt.8
Miscellaneous provisions
Miscellaneous provisions
pt.8-div.1
Criminal history
Criminal history
sec.61
Criminal history report
sec.61 Criminal history report
To decide if a person is disqualified from becoming or continuing as an appointed member or the chief executive officer, the Minister may ask the police commissioner for—
a written report about the criminal history of the person; and
a brief description of the circumstances of a conviction mentioned in the criminal history.
However, the Minister may make the request only if the person has given the Minister written consent for the request.
The police commissioner must comply with the request.
However, the duty to comply under subsection (3) applies only to information in the possession of the police commissioner or to which the police commissioner has access.
In this section—
criminal history , of a person, means the person’s criminal history as defined under the Criminal Law (Rehabilitation of Offenders) Act 1986 , other than spent convictions.
(sec.61-ssec.1) To decide if a person is disqualified from becoming or continuing as an appointed member or the chief executive officer, the Minister may ask the police commissioner for— a written report about the criminal history of the person; and a brief description of the circumstances of a conviction mentioned in the criminal history.
(sec.61-ssec.2) However, the Minister may make the request only if the person has given the Minister written consent for the request.
(sec.61-ssec.3) The police commissioner must comply with the request.
(sec.61-ssec.4) However, the duty to comply under subsection (3) applies only to information in the possession of the police commissioner or to which the police commissioner has access.
(sec.61-ssec.5) In this section— criminal history , of a person, means the person’s criminal history as defined under the Criminal Law (Rehabilitation of Offenders) Act 1986 , other than spent convictions.
(a) a written report about the criminal history of the person; and
(b) a brief description of the circumstances of a conviction mentioned in the criminal history.
sec.62
Changes in criminal history must be disclosed
sec.62 Changes in criminal history must be disclosed
This section applies if a person who is an appointed member or the chief executive officer is convicted of an indictable offence during the term of the person’s appointment.
The person must, unless the person has a reasonable excuse, immediately after the person is convicted, give written notice of the conviction to the Minister.
Maximum penalty—100 penalty units.
The notice must state the following matters—
the existence of the conviction;
when the offence was committed;
details adequate to identify the offence;
the sentence imposed on the person.
(sec.62-ssec.1) This section applies if a person who is an appointed member or the chief executive officer is convicted of an indictable offence during the term of the person’s appointment.
(sec.62-ssec.2) The person must, unless the person has a reasonable excuse, immediately after the person is convicted, give written notice of the conviction to the Minister. Maximum penalty—100 penalty units.
(sec.62-ssec.3) The notice must state the following matters— the existence of the conviction; when the offence was committed; details adequate to identify the offence; the sentence imposed on the person.
(a) the existence of the conviction;
(b) when the offence was committed;
(c) details adequate to identify the offence;
(d) the sentence imposed on the person.
sec.63
Confidentiality of criminal history information
sec.63 Confidentiality of criminal history information
This section applies to a person who—
is or has been—
the Minister or a member of the Minister’s staff; or
a public service employee performing functions under, or relating to the administration of, this Act; and
in that capacity, has acquired or has access to criminal history information.
The person must not disclose the criminal history information to anyone else, or use the criminal history information, other than under subsection (3) .
Maximum penalty—100 penalty units.
The person may disclose or use the criminal history information—
to the extent the disclosure or use—
is necessary to perform the person’s functions under, or relating to the administration of, this Act; or
is otherwise required or permitted by this Act or another law; or
with the consent of the person to whom the criminal history information relates.
A person who possesses a report given to the Minister under section 61 or a notice given to the Minister under section 62 must ensure the report or notice is destroyed as soon as practicable after it is no longer needed for the purpose for which it was given.
Subsection (4) applies despite the Public Records Act 2023 .
In this section—
criminal history information means information contained in—
a report given to the Minister under section 61 ; or
a notice given to the Minister under section 62 .
disclose includes give access to.
(sec.63-ssec.1) This section applies to a person who— is or has been— the Minister or a member of the Minister’s staff; or a public service employee performing functions under, or relating to the administration of, this Act; and in that capacity, has acquired or has access to criminal history information.
(sec.63-ssec.2) The person must not disclose the criminal history information to anyone else, or use the criminal history information, other than under subsection (3) . Maximum penalty—100 penalty units.
(sec.63-ssec.3) The person may disclose or use the criminal history information— to the extent the disclosure or use— is necessary to perform the person’s functions under, or relating to the administration of, this Act; or is otherwise required or permitted by this Act or another law; or with the consent of the person to whom the criminal history information relates.
(sec.63-ssec.4) A person who possesses a report given to the Minister under section 61 or a notice given to the Minister under section 62 must ensure the report or notice is destroyed as soon as practicable after it is no longer needed for the purpose for which it was given.
(sec.63-ssec.5) Subsection (4) applies despite the Public Records Act 2023 .
(sec.63-ssec.6) In this section— criminal history information means information contained in— a report given to the Minister under section 61 ; or a notice given to the Minister under section 62 . disclose includes give access to.
(a) is or has been— (i) the Minister or a member of the Minister’s staff; or (ii) a public service employee performing functions under, or relating to the administration of, this Act; and
(i) the Minister or a member of the Minister’s staff; or
(ii) a public service employee performing functions under, or relating to the administration of, this Act; and
(b) in that capacity, has acquired or has access to criminal history information.
(i) the Minister or a member of the Minister’s staff; or
(ii) a public service employee performing functions under, or relating to the administration of, this Act; and
(a) to the extent the disclosure or use— (i) is necessary to perform the person’s functions under, or relating to the administration of, this Act; or (ii) is otherwise required or permitted by this Act or another law; or
(i) is necessary to perform the person’s functions under, or relating to the administration of, this Act; or
(ii) is otherwise required or permitted by this Act or another law; or
(b) with the consent of the person to whom the criminal history information relates.
(i) is necessary to perform the person’s functions under, or relating to the administration of, this Act; or
(ii) is otherwise required or permitted by this Act or another law; or
(a) a report given to the Minister under section 61 ; or
(b) a notice given to the Minister under section 62 .
pt.8-div.2
Transfer notices
Transfer notices
sec.64
Definitions for division
sec.64 Definitions for division
In this division—
instrument means any document, and includes—
a written or oral agreement; and
an application; and
an accreditation, approval, certificate, entitlement, exemption, licence, manual, notice, permit, plan and any other authority.
right includes power, privilege and immunity.
transfer notice see section 65 (1) .
(a) a written or oral agreement; and
(b) an application; and
(c) an accreditation, approval, certificate, entitlement, exemption, licence, manual, notice, permit, plan and any other authority.
sec.65
Minister may make transfer notice
sec.65 Minister may make transfer notice
For the purpose of the establishment of the authority, the Minister may, by gazette notice (a transfer notice ) do any of the following—
transfer a business, asset or liability of the State to the authority;
grant a lease, easement or other right from the State to the authority;
vary or extinguish a lease, easement or other rights held by the State;
in relation to a lease held under the Land Act 1994 —
transfer the lease; or
change a purpose for which the lease is issued; or
change a condition imposed on the lease; or
grant a sublease;
in relation to a reserve under the Land Act 1994 —
change a community purpose for which the reserve is dedicated; or
remove a trustee of the reserve; or
appoint a trustee of the reserve, subject to conditions or without conditions;
provide whether and, if so, the extent to which the authority is the successor in law of the State;
make provision for a legal proceeding that is being, or may be, taken by or against the State to be continued or taken by or against the authority;
make provision for or about the issue, transfer or application of an instrument to the authority.
A transfer notice may include conditions applying to something done or to be done under the notice.
If the Minister is satisfied it would be inappropriate for a particular matter to be stated in a transfer notice (for example, because of the size or nature of the matter), the Minister may provide for the matter by including a reference in the transfer notice to another document that is—
signed by the Minister; and
kept available, at a place stated in the transfer notice, for inspection by the persons to whom the matter relates.
The transfer of a liability of the State under a transfer notice discharges the State from the liability, other than to the extent stated in the notice.
A transfer notice has effect despite any other law or instrument.
A transfer notice has effect on the day it is published in the gazette or a later day and time stated in the notice.
If a transfer notice makes provision for a matter under subsection (1) (h) in relation to an instrument, the responsible entity for the instrument must take the action necessary to register or record the effect of the transfer notice, including—
updating a register or other record; and
amending, cancelling or issuing an instrument.
In this section—
lease includes any derivative under lease of the lease.
responsible entity , for an instrument, means the entity required or authorised by law to register or record matters in relation to the instrument.
(sec.65-ssec.1) For the purpose of the establishment of the authority, the Minister may, by gazette notice (a transfer notice ) do any of the following— transfer a business, asset or liability of the State to the authority; grant a lease, easement or other right from the State to the authority; vary or extinguish a lease, easement or other rights held by the State; in relation to a lease held under the Land Act 1994 — transfer the lease; or change a purpose for which the lease is issued; or change a condition imposed on the lease; or grant a sublease; in relation to a reserve under the Land Act 1994 — change a community purpose for which the reserve is dedicated; or remove a trustee of the reserve; or appoint a trustee of the reserve, subject to conditions or without conditions; provide whether and, if so, the extent to which the authority is the successor in law of the State; make provision for a legal proceeding that is being, or may be, taken by or against the State to be continued or taken by or against the authority; make provision for or about the issue, transfer or application of an instrument to the authority.
(sec.65-ssec.2) A transfer notice may include conditions applying to something done or to be done under the notice.
(sec.65-ssec.3) If the Minister is satisfied it would be inappropriate for a particular matter to be stated in a transfer notice (for example, because of the size or nature of the matter), the Minister may provide for the matter by including a reference in the transfer notice to another document that is— signed by the Minister; and kept available, at a place stated in the transfer notice, for inspection by the persons to whom the matter relates.
(sec.65-ssec.4) The transfer of a liability of the State under a transfer notice discharges the State from the liability, other than to the extent stated in the notice.
(sec.65-ssec.5) A transfer notice has effect despite any other law or instrument.
(sec.65-ssec.6) A transfer notice has effect on the day it is published in the gazette or a later day and time stated in the notice.
(sec.65-ssec.7) If a transfer notice makes provision for a matter under subsection (1) (h) in relation to an instrument, the responsible entity for the instrument must take the action necessary to register or record the effect of the transfer notice, including— updating a register or other record; and amending, cancelling or issuing an instrument.
(sec.65-ssec.8) In this section— lease includes any derivative under lease of the lease. responsible entity , for an instrument, means the entity required or authorised by law to register or record matters in relation to the instrument.
(a) transfer a business, asset or liability of the State to the authority;
(b) grant a lease, easement or other right from the State to the authority;
(c) vary or extinguish a lease, easement or other rights held by the State;
(d) in relation to a lease held under the Land Act 1994 — (i) transfer the lease; or (ii) change a purpose for which the lease is issued; or (iii) change a condition imposed on the lease; or (iv) grant a sublease;
(i) transfer the lease; or
(ii) change a purpose for which the lease is issued; or
(iii) change a condition imposed on the lease; or
(iv) grant a sublease;
(e) in relation to a reserve under the Land Act 1994 — (i) change a community purpose for which the reserve is dedicated; or (ii) remove a trustee of the reserve; or (iii) appoint a trustee of the reserve, subject to conditions or without conditions;
(i) change a community purpose for which the reserve is dedicated; or
(ii) remove a trustee of the reserve; or
(iii) appoint a trustee of the reserve, subject to conditions or without conditions;
(f) provide whether and, if so, the extent to which the authority is the successor in law of the State;
(g) make provision for a legal proceeding that is being, or may be, taken by or against the State to be continued or taken by or against the authority;
(h) make provision for or about the issue, transfer or application of an instrument to the authority.
(i) transfer the lease; or
(ii) change a purpose for which the lease is issued; or
(iii) change a condition imposed on the lease; or
(iv) grant a sublease;
(i) change a community purpose for which the reserve is dedicated; or
(ii) remove a trustee of the reserve; or
(iii) appoint a trustee of the reserve, subject to conditions or without conditions;
(a) signed by the Minister; and
(b) kept available, at a place stated in the transfer notice, for inspection by the persons to whom the matter relates.
(a) updating a register or other record; and
(b) amending, cancelling or issuing an instrument.
sec.66
Application of instruments
sec.66 Application of instruments
This section applies if a transfer notice provides for an instrument that applied to an entity (the transferor ) to apply to another entity (the transferee ) in place of the transferor.
Without limiting the application of the transfer notice to the instrument—
any right, title, interest or liability of the transferor arising under or relating to the instrument is taken to be transferred from the transferor to the transferee; and
if the instrument, including a benefit or right provided by the instrument, is given to, by or in favour of the transferor, the instrument is taken to have been given to, by or in favour of the transferee; and
the transferee is taken to be a party to the instrument in place of the transferor; and
a reference in the instrument to the transferor is, to the extent possible and if the context permits, taken to be a reference to the transferee; and
if an application was made for the instrument in the name of the transferor, the application is taken to have been made in the name of the transferee; and
if the instrument is an instrument under which an amount is or may become payable to or by the transferor, the instrument is taken to be an instrument under which the amount is or may become payable to or by the transferee, in the way the amount was or might have been payable to or by the transferor; and
if the instrument is an instrument under which property, other than money, is or may become liable to be transferred, conveyed or assigned to or by the transferor, the instrument is taken to be an instrument under which the property is or may become liable to be transferred, conveyed or assigned to or by the transferee, in the way it was or might have been liable to be transferred, conveyed or assigned to or by the transferor.
(sec.66-ssec.1) This section applies if a transfer notice provides for an instrument that applied to an entity (the transferor ) to apply to another entity (the transferee ) in place of the transferor.
(sec.66-ssec.2) Without limiting the application of the transfer notice to the instrument— any right, title, interest or liability of the transferor arising under or relating to the instrument is taken to be transferred from the transferor to the transferee; and if the instrument, including a benefit or right provided by the instrument, is given to, by or in favour of the transferor, the instrument is taken to have been given to, by or in favour of the transferee; and the transferee is taken to be a party to the instrument in place of the transferor; and a reference in the instrument to the transferor is, to the extent possible and if the context permits, taken to be a reference to the transferee; and if an application was made for the instrument in the name of the transferor, the application is taken to have been made in the name of the transferee; and if the instrument is an instrument under which an amount is or may become payable to or by the transferor, the instrument is taken to be an instrument under which the amount is or may become payable to or by the transferee, in the way the amount was or might have been payable to or by the transferor; and if the instrument is an instrument under which property, other than money, is or may become liable to be transferred, conveyed or assigned to or by the transferor, the instrument is taken to be an instrument under which the property is or may become liable to be transferred, conveyed or assigned to or by the transferee, in the way it was or might have been liable to be transferred, conveyed or assigned to or by the transferor.
(a) any right, title, interest or liability of the transferor arising under or relating to the instrument is taken to be transferred from the transferor to the transferee; and
(b) if the instrument, including a benefit or right provided by the instrument, is given to, by or in favour of the transferor, the instrument is taken to have been given to, by or in favour of the transferee; and
(c) the transferee is taken to be a party to the instrument in place of the transferor; and
(d) a reference in the instrument to the transferor is, to the extent possible and if the context permits, taken to be a reference to the transferee; and
(e) if an application was made for the instrument in the name of the transferor, the application is taken to have been made in the name of the transferee; and
(f) if the instrument is an instrument under which an amount is or may become payable to or by the transferor, the instrument is taken to be an instrument under which the amount is or may become payable to or by the transferee, in the way the amount was or might have been payable to or by the transferor; and
(g) if the instrument is an instrument under which property, other than money, is or may become liable to be transferred, conveyed or assigned to or by the transferor, the instrument is taken to be an instrument under which the property is or may become liable to be transferred, conveyed or assigned to or by the transferee, in the way it was or might have been liable to be transferred, conveyed or assigned to or by the transferor.
pt.8-div.3
Other provisions
Other provisions
sec.67
Delegations
sec.67 Delegations
The authority may delegate a function of the authority, other than a function under part 3 , to—
an appointed member; or
the chief executive officer; or
an appropriately qualified person.
The chief executive officer may delegate the chief executive officer’s functions under this Act to an appropriately qualified staff member of the authority.
In this section—
function includes power.
(sec.67-ssec.1) The authority may delegate a function of the authority, other than a function under part 3 , to— an appointed member; or the chief executive officer; or an appropriately qualified person.
(sec.67-ssec.2) The chief executive officer may delegate the chief executive officer’s functions under this Act to an appropriately qualified staff member of the authority.
(sec.67-ssec.3) In this section— function includes power.
(a) an appointed member; or
(b) the chief executive officer; or
(c) an appropriately qualified person.
sec.68
Three-yearly review of operations
sec.68 Three-yearly review of operations
As soon as practicable after the end of each 3 years of the authority’s operation, the Minister must review the operation of the authority (each a 3-yearly review ).
The first 3-yearly review must be undertaken as soon as practicable after the day that is 3 years after the commencement.
Each 3-yearly review must include a review of—
the way, and the extent to which, the authority has performed its functions; and
whether the functions of the authority remain appropriate for giving effect to the purpose of this Act.
(sec.68-ssec.1) As soon as practicable after the end of each 3 years of the authority’s operation, the Minister must review the operation of the authority (each a 3-yearly review ).
(sec.68-ssec.2) The first 3-yearly review must be undertaken as soon as practicable after the day that is 3 years after the commencement.
(sec.68-ssec.3) Each 3-yearly review must include a review of— the way, and the extent to which, the authority has performed its functions; and whether the functions of the authority remain appropriate for giving effect to the purpose of this Act.
(a) the way, and the extent to which, the authority has performed its functions; and
(b) whether the functions of the authority remain appropriate for giving effect to the purpose of this Act.
sec.69
Regulation-making power
sec.69 Regulation-making power
The Governor in Council may make regulations under this Act.
pt.9
Transitional provisions
Transitional provisions
sec.70
Waterways management program
sec.70 Waterways management program
Section 18(1) does not apply in relation to the financial year starting on 1 July 2026.
sec.71
Initial appointment of chief executive officer
sec.71 Initial appointment of chief executive officer
This section applies if the Minister recommends the appointment of a person as the chief executive officer of the authority before the Governor in Council has appointed an appointed member of the board.
Section 44(3)(b) does not apply to the extent the Minister could not recommend a person for appointment only because the Minister has not consulted the board about the appointment of the person.
(sec.71-ssec.1) This section applies if the Minister recommends the appointment of a person as the chief executive officer of the authority before the Governor in Council has appointed an appointed member of the board.
(sec.71-ssec.2) Section 44(3)(b) does not apply to the extent the Minister could not recommend a person for appointment only because the Minister has not consulted the board about the appointment of the person.
sec.72
Certified agreement to apply to particular staff members
sec.72 Certified agreement to apply to particular staff members
Subsection (2) applies if immediately before the commencement—
the core agreement has not been terminated; and
a relevant agreement has not started operating under the Industrial Relations Act 2016 .
From the commencement—
the core agreement is taken to apply, for all purposes, as if the authority were an entity specified in Appendix 1 of the agreement; and
without limiting paragraph (a), the core agreement—
is taken to cover the authority; and
is taken to cover staff members of the authority, but only to the extent the staff members would be employees covered by the agreement if the authority were in fact an entity specified in Appendix 1 of the agreement.
Subsections (4) and (5) apply if—
the core agreement has been terminated; and
the replacement agreement is not a relevant agreement.
The replacement agreement is taken to apply, for all purposes, as if the agreement applied to employees of the authority.
Without limiting subsection (4), the replacement agreement—
is taken to cover the authority; and
is taken to cover staff members of the authority, but only to the extent the staff members would be employees covered by the agreement if the authority were in fact an entity specified in the agreement as an entity to which the agreement applied.
This section applies until a relevant agreement starts operating under the Industrial Relations Act 2016 .
In this section—
arbitration determination see the Industrial Relations Act 2016 , section 168.
certified agreement see the Industrial Relations Act 2016 , section 164.
core agreement means the certified agreement known as the ‘State Government Entities Certified Agreement 2023’.
covers , in relation to a certified agreement, see the Industrial Relations Act 2016 , section 221.
relevant agreement means a certified agreement or arbitration determination that covers—
the authority; and
any staff members of the authority.
replacement agreement means a certified agreement or arbitration determination that replaces the core agreement.
(sec.72-ssec.1) Subsection (2) applies if immediately before the commencement— the core agreement has not been terminated; and a relevant agreement has not started operating under the Industrial Relations Act 2016 .
(sec.72-ssec.2) From the commencement— the core agreement is taken to apply, for all purposes, as if the authority were an entity specified in Appendix 1 of the agreement; and without limiting paragraph (a), the core agreement— is taken to cover the authority; and is taken to cover staff members of the authority, but only to the extent the staff members would be employees covered by the agreement if the authority were in fact an entity specified in Appendix 1 of the agreement.
(sec.72-ssec.3) Subsections (4) and (5) apply if— the core agreement has been terminated; and the replacement agreement is not a relevant agreement.
(sec.72-ssec.4) The replacement agreement is taken to apply, for all purposes, as if the agreement applied to employees of the authority.
(sec.72-ssec.5) Without limiting subsection (4), the replacement agreement— is taken to cover the authority; and is taken to cover staff members of the authority, but only to the extent the staff members would be employees covered by the agreement if the authority were in fact an entity specified in the agreement as an entity to which the agreement applied.
(sec.72-ssec.6) This section applies until a relevant agreement starts operating under the Industrial Relations Act 2016 .
(sec.72-ssec.7) In this section— arbitration determination see the Industrial Relations Act 2016 , section 168. certified agreement see the Industrial Relations Act 2016 , section 164. core agreement means the certified agreement known as the ‘State Government Entities Certified Agreement 2023’. covers , in relation to a certified agreement, see the Industrial Relations Act 2016 , section 221. relevant agreement means a certified agreement or arbitration determination that covers— the authority; and any staff members of the authority. replacement agreement means a certified agreement or arbitration determination that replaces the core agreement.
(a) the core agreement has not been terminated; and
(b) a relevant agreement has not started operating under the Industrial Relations Act 2016 .
(a) the core agreement is taken to apply, for all purposes, as if the authority were an entity specified in Appendix 1 of the agreement; and
(b) without limiting paragraph (a), the core agreement— (i) is taken to cover the authority; and (ii) is taken to cover staff members of the authority, but only to the extent the staff members would be employees covered by the agreement if the authority were in fact an entity specified in Appendix 1 of the agreement.
(i) is taken to cover the authority; and
(ii) is taken to cover staff members of the authority, but only to the extent the staff members would be employees covered by the agreement if the authority were in fact an entity specified in Appendix 1 of the agreement.
(i) is taken to cover the authority; and
(ii) is taken to cover staff members of the authority, but only to the extent the staff members would be employees covered by the agreement if the authority were in fact an entity specified in Appendix 1 of the agreement.
(a) the core agreement has been terminated; and
(b) the replacement agreement is not a relevant agreement.
(a) is taken to cover the authority; and
(b) is taken to cover staff members of the authority, but only to the extent the staff members would be employees covered by the agreement if the authority were in fact an entity specified in the agreement as an entity to which the agreement applied.
(a) the authority; and
(b) any staff members of the authority.
pt.10
Amendment of legislation
Amendment of legislation
pt.10-div.3
Amendment of Transport Infrastructure Act 1994
Amendment of Transport Infrastructure Act 1994
sec.77
Act amended
sec.77 Act amended
This division amends the Transport Infrastructure Act 1994 .
See also the amendments in schedule 2 .
sec.78
Amendment of s 461 (Management by chief executive)
sec.78 Amendment of s 461 (Management by chief executive)
Section 461 (1) , after ‘Gold Coast waters’—
insert—
or a Sunshine Coast waterway
sec.79
Insertion of new s 461B
sec.79 Insertion of new s 461B
After section 461A —
insert—
This section applies to a public marine facility in, or on land adjacent to, a Sunshine Coast waterway if, apart from this section, there is no current manager of the facility.
The Sunshine Coast Waterways Authority is taken to be the manager of the public marine facility until a person is appointed as the manager of the facility under section 459.
If the Sunshine Coast Waterways Authority is the manager of a public marine facility, the authority—
has any powers, conferred under a regulation, to limit or prohibit the use of the facility; and
may exercise any other of the authority’s powers, and do anything the authority considers necessary or convenient, for the facility’s effective and efficient management.
This section does not limit a power the Sunshine Coast Waterways Authority has apart from this section.
(sec.79-frag-sec.461B-ssec.1) This section applies to a public marine facility in, or on land adjacent to, a Sunshine Coast waterway if, apart from this section, there is no current manager of the facility.
(sec.79-frag-sec.461B-ssec.2) The Sunshine Coast Waterways Authority is taken to be the manager of the public marine facility until a person is appointed as the manager of the facility under section 459.
(sec.79-frag-sec.461B-ssec.3) If the Sunshine Coast Waterways Authority is the manager of a public marine facility, the authority— has any powers, conferred under a regulation, to limit or prohibit the use of the facility; and may exercise any other of the authority’s powers, and do anything the authority considers necessary or convenient, for the facility’s effective and efficient management.
(sec.79-frag-sec.461B-ssec.4) This section does not limit a power the Sunshine Coast Waterways Authority has apart from this section.
(a) has any powers, conferred under a regulation, to limit or prohibit the use of the facility; and
(b) may exercise any other of the authority’s powers, and do anything the authority considers necessary or convenient, for the facility’s effective and efficient management.
sec.79-frag-sec.461B
Management by Sunshine Coast Waterways Authority
sec.79-frag-sec.461B Management by Sunshine Coast Waterways Authority
This section applies to a public marine facility in, or on land adjacent to, a Sunshine Coast waterway if, apart from this section, there is no current manager of the facility.
The Sunshine Coast Waterways Authority is taken to be the manager of the public marine facility until a person is appointed as the manager of the facility under section 459.
If the Sunshine Coast Waterways Authority is the manager of a public marine facility, the authority—
has any powers, conferred under a regulation, to limit or prohibit the use of the facility; and
may exercise any other of the authority’s powers, and do anything the authority considers necessary or convenient, for the facility’s effective and efficient management.
This section does not limit a power the Sunshine Coast Waterways Authority has apart from this section.
(sec.79-frag-sec.461B-ssec.1) This section applies to a public marine facility in, or on land adjacent to, a Sunshine Coast waterway if, apart from this section, there is no current manager of the facility.
(sec.79-frag-sec.461B-ssec.2) The Sunshine Coast Waterways Authority is taken to be the manager of the public marine facility until a person is appointed as the manager of the facility under section 459.
(sec.79-frag-sec.461B-ssec.3) If the Sunshine Coast Waterways Authority is the manager of a public marine facility, the authority— has any powers, conferred under a regulation, to limit or prohibit the use of the facility; and may exercise any other of the authority’s powers, and do anything the authority considers necessary or convenient, for the facility’s effective and efficient management.
(sec.79-frag-sec.461B-ssec.4) This section does not limit a power the Sunshine Coast Waterways Authority has apart from this section.
(a) has any powers, conferred under a regulation, to limit or prohibit the use of the facility; and
(b) may exercise any other of the authority’s powers, and do anything the authority considers necessary or convenient, for the facility’s effective and efficient management.
sec.80
Amendment of s 464 (Management by another person)
sec.80 Amendment of s 464 (Management by another person)
Chapter 21 —
insert—
This section applies in relation to the Mooloolaba State managed boat harbour.
The chief executive is taken to have resigned as the manager of the Mooloolaba State managed boat harbour immediately before the commencement.
On the commencement, the Sunshine Coast Waterways Authority is appointed as the manager of the Mooloolaba State managed boat harbour.
This section applies despite sections 459 and 467.
In this section—
Mooloolaba State managed boat harbour means the Mooloolaba Harbour shown as lot 1 on SP143293.
(sec.83-frag-pt.7-sec.590-ssec.1) This section applies in relation to the Mooloolaba State managed boat harbour.
(sec.83-frag-pt.7-sec.590-ssec.2) The chief executive is taken to have resigned as the manager of the Mooloolaba State managed boat harbour immediately before the commencement.
(sec.83-frag-pt.7-sec.590-ssec.3) On the commencement, the Sunshine Coast Waterways Authority is appointed as the manager of the Mooloolaba State managed boat harbour.
(sec.83-frag-pt.7-sec.590-ssec.4) This section applies despite sections 459 and 467.
(sec.83-frag-pt.7-sec.590-ssec.5) In this section— Mooloolaba State managed boat harbour means the Mooloolaba Harbour shown as lot 1 on SP143293.
sec.83-frag-pt.7-sec.590
Sunshine Coast Waterways Authority to be manager of Mooloolaba State managed boat harbour
sec.83-frag-pt.7-sec.590 Sunshine Coast Waterways Authority to be manager of Mooloolaba State managed boat harbour
This section applies in relation to the Mooloolaba State managed boat harbour.
The chief executive is taken to have resigned as the manager of the Mooloolaba State managed boat harbour immediately before the commencement.
On the commencement, the Sunshine Coast Waterways Authority is appointed as the manager of the Mooloolaba State managed boat harbour.
This section applies despite sections 459 and 467.
In this section—
Mooloolaba State managed boat harbour means the Mooloolaba Harbour shown as lot 1 on SP143293.
(sec.83-frag-pt.7-sec.590-ssec.1) This section applies in relation to the Mooloolaba State managed boat harbour.
(sec.83-frag-pt.7-sec.590-ssec.2) The chief executive is taken to have resigned as the manager of the Mooloolaba State managed boat harbour immediately before the commencement.
(sec.83-frag-pt.7-sec.590-ssec.3) On the commencement, the Sunshine Coast Waterways Authority is appointed as the manager of the Mooloolaba State managed boat harbour.
(sec.83-frag-pt.7-sec.590-ssec.4) This section applies despite sections 459 and 467.
(sec.83-frag-pt.7-sec.590-ssec.5) In this section— Mooloolaba State managed boat harbour means the Mooloolaba Harbour shown as lot 1 on SP143293.
sec.84
Amendment of sch 1 (Subject matter for regulations)
sec.84 Amendment of sch 1 (Subject matter for regulations)
Schedule 1 , part 1 , item 20, ‘by the chief executive’—
omit.
Schedule 1 , part 1 , item 21, after ‘chief executive’—
insert—
or a waterways authority
(sec.84-ssec.1) Schedule 1 , part 1 , item 20, ‘by the chief executive’— omit.
(sec.84-ssec.2) Schedule 1 , part 1 , item 21, after ‘chief executive’— insert— or a waterways authority
sec.85
Amendment of sch 6 (Dictionary)
sec.85 Amendment of sch 6 (Dictionary)
Schedule 6 —
insert—
Sunshine Coast waterway means a waterway stated in the Sunshine Coast Waterways Authority Act 2026 , section 7.
Sunshine Coast Waterways Authority means the Sunshine Coast Waterways Authority established under the Sunshine Coast Waterways Authority Act 2026 .
waterways authority means—
the Gold Coast Waterways Authority; or
the Sunshine Coast Waterways Authority.
(a) the Gold Coast Waterways Authority; or
(b) the Sunshine Coast Waterways Authority.
sec.83-frag-pt.7
Transitional provision for Sunshine Coast Waterways Authority Act 2026
Transitional provision for Sunshine Coast Waterways Authority Act 2026
Source text: opening excerpt
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
pt.1 Preliminary
Preliminary
sec.1 Short title
sec.1 Short title
This Act may be cited as the Sunshine Coast Waterways Authority Act 2026 .
sec.2 Commencement
sec.2 Commencement
This Act commences on a day to be fixed by proclamation.
sec.3 Main purpose of Act
sec.3 Main purpose of Act
The main purpose of this Act is to establish the Sunshine Coast Waterways Authority to strategically plan for and facilitate the sustainable use, management and development of the Sunshine Coast waterways.
sec.4 Relationship with other Acts
sec.4 Relationship with other Acts
This Act does not affect the operation of the following Acts—
the Brisbane Olympic and Paralympic Games Arrangements Act 2021 ;
the Economic Development Act 2012 ;
the Fisheries Act 1994 ;
the Marine Parks Act 2004 ;
the Maritime Safety Queensland Act 2002 ;
the Nature Conservation Act 1992 ;
the Recreation Areas Management Act 2006 ;
the State Development and Public Works Organisation Act 1971 ;
the Transport Infrastructure Act 1994 ;
the Transport Operations (Marine Pollution) Act 1995 ;
the Transport Operations (Marine Safety) Act 1994 .
Also, this Act does not affect the functions or obligations of a local government under the following Acts—
the Coastal Protection and Management Act 1995 ;
the Local Government Act 2009 ;
the Planning Act 2016 .
(sec.4-ssec.1) This Act does not affect the operation of the following Acts— the Brisbane Olympic and Paralympic Games Arrangements Act 2021 ; the Economic Development Act 2012 ; the Fisheries Act 1994 ; the Marine Parks Act 2004 ; the Maritime Safety Queensland Act 2002 ; the Nature Conservation Act 1992 ; the Recreation Areas Management Act 2006 ; the State Development and Public Works Organisation Act 1971 ; the Transport Infrastructure Act 1994 ; the Transport Operations (Marine Pollution) Act 1995 ; the Transport Operations (Marine Safety) Act 1994 .
(sec.4-ssec.2) Also, this Act does not affect the functions or obligations of a local government under the following Acts— the Coastal Protection and Management Act 1995 ; the Local Government Act 2009 ; the Planning Act 2016 .
(a) the Brisbane Olympic and Paralympic Games Arrangements Act 2021 ;
(b) the Economic Development Act 2012 ;
(c) the Fisheries Act 1994 ;
(d) the Marine Parks Act 2004 ;
(e) the Maritime Safety Queensland Act 2002 ;
(f) the Nature Conservation Act 1992 ;
Sets financial rules: most receipts must be paid into the consolidated fund, but amounts received when the Authority acts as manager of a public marine facility may be retained (sec 59).
Includes conflict, disclosure and criminal‑history procedures for board members, the CEO and relevant staff; certain delegations are allowed, and some functions (Part 3 — strategy/program) may not be delegated (secs 26, 30, 38–39, 61–63, 67).
Who it affects
The State (the Authority represents the State) and local governments whose waterways are named in the Act (sec 7).
People and businesses using Sunshine Coast waterways, marine infrastructure operators, marine‑industry businesses, tourism operators and recreational users — because the Authority will plan, manage, maintain and potentially operate facilities and navigational access (secs 7, 12, 14–18, amending provisions in ch 21 of the Transport Infrastructure Act).
Contractors, lessees and others holding State instruments (leases, easements, approvals etc.) that may be transferred to the Authority by transfer notice (secs 65–66).
Board appointees and the CEO, who must meet qualification and disqualification rules and follow disclosure and reporting obligations (secs 25–33, 43–53, 61–63).
Why it matters (stated purpose, then practical effects and trade‑offs)
The Act’s stated purpose is to "strategically plan for and facilitate the sustainable use, management and development of the Sunshine Coast waterways" (sec 3). To achieve that, it creates a State statutory body with planning and operational powers.
Practical mechanisms and the incentives they create
Centralised planning with Ministerial approval: The Authority drafts a 10‑year strategy and rolling implementation programs, but the Minister approves the strategy and programs and can direct amendments (secs 14–21). Mechanically, this concentrates directional control with the Minister while the Authority implements. The trade‑off: central political control of priorities vs. statutory continuity and accountability through required publication and tabling (secs 17, 20).
Operational reach and asset control: The Minister can transfer State assets, leases or liabilities to the Authority and the Authority can be the default manager of un‑managed public marine facilities in the Sunshine Coast area; the Act also makes the Authority manager of Mooloolaba Harbour on commencement (secs 65, 79, 83). Mechanically this gives the Authority both planning and operational responsibilities (maintenance, fees, on‑the‑ground management). That creates scope for the Authority to collect revenue where it manages marine facilities (sec 59) and to enter commercial arrangements (sec 13).
Reporting and transparency obligations: quarterly reports, annual reporting and a three‑yearly independent review create recurrent compliance and information flows to the Minister and Parliament (secs 56–57, 68). These impose administrative costs but improve oversight.
Conflict management and exclusion rules: The Act prevents persons with certain interests (for example parties to contracts with the Authority, employees of contracting parties, certain insolvency or criminal history circumstances, elected officials) from being appointed as board members or CEO (secs 33, 51). That limits direct conflicts but also narrows the candidate pool.
Costs, compliance burden and implementation risks
Who pays: receipts generally flow to the consolidated fund (sec 59), but income the Authority receives as manager of a public marine facility may be retained (sec 59(2)). The Authority can also enter contracts and joint ventures (sec 13), so it may raise revenue commercially; however the net fiscal impact depends on how much activity is retained versus remitted to Treasury.
Administrative and regulatory cost: The Authority must run public consultation, prepare and revise strategy and programs, maintain quarterly and annual reporting, and comply with Ministerial directions; these are recurring administrative costs for staff and systems (secs 15, 18–20, 56–57, 55).
Legal and registration work from transfers: transfer notices can change lease purposes, transfer or vary leases and require other registries to update instruments; that creates transactional and legal work and may change rights and obligations of private parties (secs 65–66).
Centralisation risk and discretion: the Minister’s powers to approve or direct (and to make transfer notices that operate despite other laws) give significant executive discretion (secs 15, 20, 55, 65). The Act provides parliamentary notice mechanisms (tabling of strategies and directions) but gives the executive tools to reallocate assets and change operational responsibility rapidly (secs 17, 21, 65).
Effects on private actors, competition and contract freedom
Private operators of marine facilities should expect a possible change of manager or regulator where the Authority is appointed manager (secs 79, 83). That may change fees, access rules (amendment to Transport Infrastructure Act fees provisions, sec 81), and operational arrangements.
The Authority can enter commercial arrangements and joint ventures (sec 13), so it may compete with or contract private parties to deliver services or infrastructure.
The Act prevents people who are parties to relevant contracts from sitting on the board or becoming CEO (secs 33, 51), which reduces one form of capture but leaves other concentrated benefits possible (for example, contractors who are not board members).
Implementation and transitional details to note
Transfer notices (sec 65) can be tailored, include conditions, and operate despite other laws; they can require registries to record changes (sec 65(7)).
The Authority is taken to be manager of Mooloolaba Harbour on commencement (sec 83).
Employment arrangements: authority staff are employed under the Public Sector Act 2022, and existing certified agreements are carried over for particular staff until new agreements operate (sec 54, 72).
Key sections to consult directly if you need operational detail: establishment and functions (secs 8–13, 12); strategy and program requirements (secs 14–21); Ministerial powers and reporting (secs 55–57); transfer notices and legal succession (secs 65–66); Transport Infrastructure Act amendments that make the Authority manager of facilities (secs 79, 83).
Imposes reporting obligations: quarterly reports to the Minister on performance and finance (s 56) and specified content in the annual report under the Financial Accountability Act 2009 (s 57). The authority is a statutory body under the Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982, and a unit of public administration under the Crime and Corruption Act 2001 (s 11).
Authorises the Minister to give written directions the Minister considers reasonably necessary to assist performance of functions or exercise of powers; such directions are binding (s 55).
Provides information‑sharing powers with named relevant agencies (police commissioner, Maritime Safety Queensland, chief executives of certain departments and other prescribed entities) despite other laws where the information relates to the authority’s functions (s 58).
Regulates finances: amounts received under this or another Act must be paid into the consolidated fund, although amounts received in the authority’s capacity as manager of a public marine facility under the Transport Infrastructure Act 1994 may be retained (s 59).
Grants the Minister power to make transfer notices by gazette to move State businesses, assets, liabilities, leases, reserves, instruments and related matters to the authority for the purpose of establishing the authority; transfer notices operate despite any other law and can discharge the State from liabilities as stated (s 65-66). The Act also amends the Transport Infrastructure Act 1994 to treat the authority as a waterways authority and to appoint the authority as manager for specified public marine facilities (s 77-85; s 83 sec.590).
Prescribes disqualifications, conflict disclosure duties and penalties for members and the chief executive officer, and provides for criminal history checks, confidentiality of such information and obligations to notify changes in criminal history (s 26, s 30, s 33-34, s 43-51, s 61-63).
The Act declares its main purpose is strategic planning and facilitation of sustainable use, management and development of the Sunshine Coast waterways (s 3). That stated purpose is operationalised through the strategy/program regime, board governance, ministerial directions and statutory powers summarised above (see Pt 3 and Pt 4).
Main concepts
The Act organises its interventions around a small set of repeatable institutional concepts; each is defined and constrained by particular sections.
Sunshine Coast waterways. The Act defines the geographical scope precisely in s 7. It lists named creeks, lakes, channels and rivers below the high water mark and includes adjoining waterways within specified local government boundaries. This definitional annexation sets the legal perimeter for functions (s 7).
Strategy and program. A waterways management strategy is a statutory 10‑year document that must set objectives, proposals, investment criteria, financing options and performance indicators (s 14, s 16). A waterways management program is a rolling 4‑year implementation plan prepared annually before each financial year, containing project details, consultation steps, policies and financial measures and performance targets (s 18).
Ministerial oversight and direction. The Minister must approve the strategy and programs and may direct amendments (s 15(1), s 15(3), s 20(2)). The Minister may also give written directions the Minister considers reasonably necessary and those directions are binding on the authority (s 55(1), s 55(3)). Where a program is made inconsistent with the strategy by Ministerial direction, the direction must be tabled (s 21(2)).
Corporate statutory body with State representation and protection. The authority is a statutory body under financial legislation (s 11) and "represents the State" with the status, privileges and immunity of the State (s 10). The Act also says the Act binds all persons, including the State, but expressly provides the State cannot be prosecuted for an offence against the Act (s 5).
Board and CEO model. Governance separates strategy oversight (board) from day‑to‑day operations (chief executive officer). The board consists of a chair and six appointed members appointed by Governor in Council on Ministerial recommendation (s 25). The CEO is appointed by Governor in Council on Minister recommendation and is not appointed under the Public Sector Act 2022 (s 44(2), s 44(4)); the CEO is accountable to the board (s 44(7)). Disqualifications and disclosure regimes apply to both roles (s 33, s 51, s 30, s 49).
Transfer notices and legal succession. The Minister may, by gazette transfer notice, move State assets, liabilities, leases, reserves and instruments to the authority as part of establishment. Transfer notices have effect despite other laws and may provide for the authority to be successor in law and to be substituted as party to instruments or legal proceedings (s 65-66).
Financial flows and constraints. Receipts under this or another Act must be paid into the consolidated fund (s 59(1)), except certain receipts where authority acts as manager of a public marine facility under the Transport Infrastructure Act 1994 may be retained (s 59(2)). The authority is subject to the Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982 (s 11).
Information sharing and confidentiality. The authority may enter into information‑sharing arrangements with relevant agencies and, under such arrangements, may ask for and disclose information despite other Acts (s 58). By contrast, criminal history information obtained under s 61-62 is subject to express confidentiality and controlled use and destruction rules (s 63).
Each core concept carries procedural rules. For example, strategy obligations require public consultation and consultation with particular agencies and councils (s 15(2)); programs require public consultation and must be submitted annually for Ministerial approval and publication if approved (s 18-20). Delegations are permitted for many functions, but not for part 3 functions (strategy/program functions) (s 67). The Act therefore embeds both an operational hierarchy (Minister → board → CEO) and structural protections around the strategic planning function (ministerial approval + limits on delegations).
Who it affects
The Act creates effects across a concentrated set of actors and a wider category of stakeholders.
The State and State entities. The authority is declared to represent the State and to have State status and immunity (s 10). Transfer notices under s 65 may move State assets, liabilities and instruments to the authority and can discharge the State from transferred liabilities as stated (s 65(1), s 65(4)). The Act also amends the Transport Infrastructure Act 1994 to treat the authority as a waterways authority and to appoint it manager of specified state‑managed facilities (s 77-85; s 83 sec.590).
Local government. The Act’s defined waterways are tied to local government boundaries (s 7 includes waterways to the extent within Noosa Shire Council area). The Act explicitly states it does not affect functions or obligations of a local government under the Coastal Protection and Management Act 1995, the Local Government Act 2009 or the Planning Act 2016 (s 4(2)). Nevertheless, councils named in the consultation list (Moreton Bay City Council, Noosa Shire Council, Sunshine Coast Regional Council) must be consulted on strategy and program development (s 15(2)(d), s 19).
Maritime Safety Queensland and marine industry. The authority must consult Maritime Safety Queensland on strategy and program development (s 15(2)(d), s 19). The authority also has powers to manage navigational access and marine infrastructure (s 12(b)-(c)). The Act amends provisions in the Transport Infrastructure Act 1994 to recognise a "waterways authority" and extend powers and fees provisions to such authorities (s 78-85).
Users of the waterways. Local marine industries, tourism operators, recreational waterway users, native title holders and other interested groups are explicitly identified as stakeholder interests to be considered when the authority develops its strategy (s 14(2)(b)(iii) and s 27(b)(xi) referencing board member qualifications). The authority’s functions include managing navigational access and infrastructure, and monitoring sand movement , activities likely to affect vessel operators, aquaculture, tourism operators and foreshore owners (s 12).
Businesses and individuals contracting with the authority. Appointed members and the chief executive officer are disqualified if they are parties to contracts with the authority or related entities (s 33(1)(a)-(c), s 51(1)(a)-(c)). Transfer notices can transfer contracts, instruments and make the authority a party to instruments in place of the State (s 65(1)(h), s 66).
Authority staff and industrial parties. The authority may employ staff under the Public Sector Act 2022 (s 54). Transitional industrial relations provisions treat certified agreements and replacement agreements as applying to the authority until a relevant agreement under the Industrial Relations Act 2016 starts operating (s 72). This affects staffing conditions and industrial coverage.
Ministers and the Minister’s office. The Minister gains a suite of supervisory and intervention powers: approval of strategy and programs, direction‑making powers (s 15(3), s 20(2), s 55), power to request information and receive quarterly and annual reports (s 55, s 56-57), power to request criminal history reports for appointees with consent (s 61), and power to make transfer notices by gazette (s 65).
The legal system and parties to ongoing proceedings. Transfer notices can provide for continuation or transfer of legal proceedings to the authority (s 65(1)(g)), and require responsible entities to update registers and records when instruments are applied to the authority (s 65(7)). A specific transitional clause appoints the authority manager of Mooloolaba State managed boat harbour on commencement (s 83 sec.590).
Who pays and bears operational effects. The authority must pay amounts received under this or another Act into the consolidated fund (s 59(1)), though receipts from managing public marine facilities under the Transport Infrastructure Act 1994 may be retained (s 59(2)). The Treasurer/State therefore retains a centralised revenue flow for most amounts unless retained under the public marine facility manager exception. Consequentially, the authority’s ability to finance projects through retained fees is restricted to the specific manager role exception and as provided by the Statutory Bodies Financial Arrangements Act 1982 (s 11).
Finally, appointment and disqualification rules concentrate immediate organisational impacts on prospective board members, the CEO and staff. Disqualifications include being party to relevant contracts, insolvency, corporations management disqualifications, certain criminal convictions and political office holdings (s 33, s 51). The Act requires disclosure of conflicts and criminal history and prescribes penalties for false or omitted statements (100 penalty units in many places: s 26, s 30, s 38, s 48, s 62, s 63).
Key duties and rights
The Act establishes formal duties and rights for the authority, the board, the chief executive officer, the Minister and other specified actors. Below are the provisions with direct operational effect.
Authority’s duties and rights
Functions: prepare a waterways management strategy and a waterways management program, install/manage/maintain infrastructure, manage navigational access, monitor and manage sand/sediment movement, and perform any other functions given by this or another Act (s 12). These functions create positive obligations to plan, consult and execute.
Powers: have the powers of an individual (including property dealing, appointments of agents, entering contracts, joint ventures and commercial arrangements) and any other powers conferred by other Acts (s 13). This is broad legal capacity to act commercially and operationally.
Financial duty: pay amounts received under this or another Act into the consolidated fund, except amounts received in the authority’s capacity as manager of public marine facilities under the Transport Infrastructure Act 1994 may be retained (s 59). The authority is also subject to the Financial Accountability Act 2009 and Statutory Bodies Financial Arrangements Act 1982 (s 11).
Reporting duties: quarterly reports to the Minister on programme and project progress, other activities and revenue/expenditure within six weeks of quarter end (s 56); annual reporting must include Ministerial directions given during the year, project details and statements comparing performance to the waterways management program (s 57).
Consultation duties when developing strategy and programs: take reasonable steps to engage in public consultation and consult with Maritime Safety Queensland and the named councils (s 15(2)(d), s 19). The strategy must also have regard to agreements or arrangements about navigational access and marine infrastructure between the State and the three councils (s 15(2)(b)).
Board duties and rights
Governance duty: the board must ensure the authority performs its functions in a proper, effective and efficient manner (s 23). The board has broad powers to do anything necessary for this (s 24).
Meetings and decision rules: must meet at least quarterly (chair must call a meeting at least once each quarter), quorum is more than half the appointed members, decisions by majority and the presiding member has a casting vote where votes are equal (s 35-39). Minutes and records of decisions are required (s 41).
Conflict disclosure: appointed members must disclose conflicts of interest or potential conflicts to the board or the Minister and must not participate in consideration of a matter where they have disclosed a relevant interest; failure attracts a penalty of 100 penalty units (s 38).
Chief executive officer duties and rights
Appointment and accountability: the CEO is responsible for day‑to‑day administration in accordance with board priorities and is accountable to the board (s 44(5)-(7)). The CEO is appointed by Governor in Council on Minister recommendation and may be reappointed (s 44, s 45).
Employment status: CEO is appointed under this Act, not under the Public Sector Act 2022 (s 44(4)), but if the CEO is a public service officer their public sector rights are preserved (s 47).
Disclosure duties: the CEO must disclose conflicts of interest like board members (s 48). If during a term the CEO becomes disqualified (except certain events), that person must give written notice to the Minister (s 49).
Ministerial powers and duties
Approval and directions: the Minister must approve strategies and programs or direct amendments (s 15(3), s 20(2)). The Minister may give written directions about any matter relevant to the authority’s functions or powers that the Minister considers reasonably necessary; the authority must comply (s 55).
Oversight reporting: the Minister receives quarterly and annual reports and may request information or documents from the authority (s 55-57).
Appointments: the Minister recommends board members and the CEO for appointment by the Governor in Council (s 25(3), s 44(2)). The Minister may ask prospective appointees for written statements disclosing disqualification and conflicting interests and may request criminal history reports with written consent (s 26, s 43, s 61).
Suspension and extension: the Minister may suspend an appointed member for up to 60 days (and extend in 60‑day increments) if the Minister considers it necessary in the public interest pending further consideration (s 31).
Rights and protections
Authority’s corporate rights: the authority may exercise commercial rights such as entering contracts, holding property and suing/being sued (s 9, s 13).
State representation and immunity: the authority represents the State and has the status, privileges and immunity of the State (s 10).
Information sharing: the authority and relevant agencies are authorised, despite another Act, to ask for, receive and disclose information under an information‑sharing arrangement where it assists performance of functions (s 58).
Compliance and enforcement duties
Disclosures and criminal history: appointees and the CEO must not provide false statements when asked by the Minister (100 penalty units) and must disclose convictions during their term (s 26, s 30, s 62). Criminal history information is subject to strict confidentiality and destruction requirements (s 63).
Delegations: the authority may delegate functions other than part 3 functions (strategy/program), and the CEO may delegate to appropriately qualified staff (s 67). This preserves board/Minister oversight of strategy/program matters.
These duties and rights form an operational architecture that centralises strategic control with Ministerial and board decisions, reserves core strategy functions from delegation, and provides the authority with general corporate and commercial powers to execute projects and infrastructure management.
Penalties and enforcement
The Act uses a limited set of specific penalties and administrative enforcement mechanisms; it does not create an extensive criminal enforcement regime within the text provided.
Monetary penalties and offences
Many of the disclosure and false statement obligations carry a maximum penalty of 100 penalty units. Examples include:
A prospective appointee must not give a written statement to the Minister that the person knows is false or misleading in a material particular (s 26(3)). Maximum penalty,100 penalty units.
An appointed member who becomes disqualified must immediately notify the Minister (s 30(2)). Maximum penalty,100 penalty units.
An appointed member must disclose conflicts of interest and must not participate in board consideration of the matter; both the disclosure requirement and participation prohibition are subject to a maximum penalty of 100 penalty units (s 38(2)-(3)).
The CEO and other prospective CEO appointees are subject to similar false statement and disclosure penalties under s 43 and s 49 (s 43(3), s 49(2)).
A person who is an appointed member or the CEO convicted of an indictable offence during their term must immediately notify the Minister; failure to do so carries a maximum 100 penalty units (s 62(2)). The notice must include details of the conviction and sentence (s 62(3)).
The confidentiality provision for criminal history information includes a maximum penalty of 100 penalty units for improper disclosure or use (s 63(2)).
Administrative enforcement and controls
Ministerial directions (s 55): directions given by the Minister are binding on the authority and must be complied with (s 55(3)). This is an administrative control rather than a penal sanction; non‑compliance would expose the authority to administrative consequences under its statutory obligations and the Financial Accountability Act 2009 framework (s 11).
Suspension and removal (s 31, s 32): the Minister may suspend appointed members for up to 60 days (and extend in 60‑day periods) where a matter has arisen and the Minister considers suspension necessary in the public interest pending further consideration (s 31). Vacancies arise on completion of term, disqualification, resignation or removal (s 32).
Disqualification (s 33, s 51): statutory disqualification criteria remove persons from eligibility to be appointed or continue in office. Disqualification can be triggered by being party to relevant contracts, related corporate relationships, employment with parties to relevant contracts (with narrow exceptions), relevant criminal convictions, insolvency, disqualification under the Corporations Act, and holding certain public offices. These operate as preventive controls on appointments.
Transfer notice effect on legal proceedings (s 65(1)(g)): the Minister may make provision by transfer notice for legal proceedings to be continued or taken by the authority. Transfer notices also can discharge the State from transferred liabilities to the extent stated, which reassigns legal responsibility (s 65(4)).
Immunity and limits
State immunity implications: the Act states the authority represents the State and has the status, privileges and immunity of the State (s 10(2)). Separately, the Act provides that the State cannot be prosecuted for an offence against this Act (s 5(2)). These provisions potentially limit enforcement avenues directed at the State and, by extension, potentially the authority. The text grants the authority State status and immunity without laying out exceptions; practitioners will need to reconcile this with other statutory liability regimes outside the Act (s 10).
Procedural transparency as a check
Tabling requirements supply parliamentary transparency as an enforcement/oversight mechanism: the Minister must table approved waterways management strategies within five sitting days after approval (s 17) and must table Ministerial directions that cause a program to be inconsistent with the strategy within five sitting days (s 21(2)). Quarterly and annual reporting to the Minister provide recurring transparency (s 56-57).
Financial enforcement context
The authority must pay amounts received under this or another Act into the consolidated fund (s 59(1)), which places primary financial oversight in the consolidated fund regime and under the Financial Accountability Act 2009 (s 11). The Statutory Bodies Financial Arrangements Act 1982 Part 2B affects the authority’s borrowing and financial arrangements (s 11).
In short, the Act relies on a combination of administrative controls (Ministerial directions, suspension, reporting and tabling) and appointment/disclosure/disqualification rules backed by modest monetary penalties for non‑disclosure and false statements (usually 100 penalty units). The Act also confers State status and immunity on the authority (s 10), a feature with direct implications for enforcement and liability exposure.
How it interacts with other laws
The Act both preserves and modifies the operation of other statutory schemes; the text contains several express cross‑references and amendments.
Preserved operation of specific Acts
The Act expressly states it does not affect the operation of a list of Acts, including the Fisheries Act 1994, Marine Parks Act 2004, Maritime Safety Queensland Act 2002, Nature Conservation Act 1992, Transport Infrastructure Act 1994, Transport Operations (Marine Safety) Act 1994, and others, plus it does not affect a local government’s functions or obligations under the Coastal Protection and Management Act 1995, Local Government Act 2009 or Planning Act 2016 (s 4(1)-(2)). This clause signals legislative intent that the authority’s functions are to be exercised in the context of existing statutory regimes rather than supplant them.
Statutory body status and financial arrangements
The authority is declared a statutory body under the Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982; Part 2B of the latter Act sets out how it affects the authority’s powers (s 11). The effect is that financial governance, borrowing and reporting are subject to those Acts’ regimes and Treasury oversight.
Transport Infrastructure Act amendments
The Act amends the Transport Infrastructure Act 1994 to add Sunshine Coast waterways to the management regime, to allow the authority to be manager of public marine facilities in certain circumstances, and to treat "waterways authority" (including the authority) as the manager in particular sections (s 78-85). For example:
s 78 inserts "or a Sunshine Coast waterway" into s 461(1) of the Transport Infrastructure Act.
s 79 inserts a new s 461B in the Transport Infrastructure Act declaring the authority to be the manager of a public marine facility in the Sunshine Coast where no current manager exists; the authority is taken to be the manager until a manager is appointed under s 459 (s 79).
s 83 (sec.590) appoints the Sunshine Coast Waterways Authority as manager of the Mooloolaba State managed boat harbour on commencement despite sections 459 and 467 of the Transport Infrastructure Act (s 83 sec.590).
Schedule and dictionary amendments add definitions such as "Sunshine Coast waterway" and "Sunshine Coast Waterways Authority" to the Transport Infrastructure Act (s 85).
Information sharing and privacy conflicts
The authority may enter into information‑sharing arrangements with relevant agencies (chief executives of departments administering Fisheries and Transport Infrastructure Acts, general manager of Maritime Safety Queensland, police commissioner and others) and, despite another Act or law, is authorised to ask for, receive and disclose information under such arrangements to assist performance of functions (s 58). This provision explicitly overrides other statutory confidentiality constraints to the extent necessary for the arrangement. However, criminal history materials obtained under s 61 and s 62 are subject to confidentiality and destruction obligations (s 63) and have narrower authorised uses.
Transfer notices, instruments and registers
The Minister’s power to make transfer notices (s 65) can transfer State businesses, assets and liabilities, grant or vary leases and easements, change reserve purposes and make the authority successor in law. Transfer notices operate "despite any other law or instrument" (s 65(5)), can discharge the State from liabilities to the extent stated (s 65(4)), and require responsible entities for instruments to register or record the effect of the transfer notice (update registers, amend/cancel/issue instruments) (s 65(7)). This is a powerful statutory override mechanism that directly affects property and rights recorded under other legislation.
Industrial relations and staff
Staff of the authority are employed under the Public Sector Act 2022 (s 54). Transitional industrial relations provisions treat the core State Government Entities Certified Agreement 2023 and replacement agreements as applying to the authority until a relevant agreement under the Industrial Relations Act 2016 starts operating (s 72). That creates transitional employment coverage and impacts the interaction between the authority and industrial instruments under the Industrial Relations Act.
State immunity and enforcement
The authority’s representation of the State and the grant of State status, privileges and immunity (s 10) interact with other liability and enforcement regimes. The text also states the Act binds all persons including the State but that the State cannot be prosecuted for an offence against this Act (s 5). Practitioners will need to reconcile these statements with other statutes that impose liabilities or permit prosecutions against State entities.
Parliamentary oversight
The Minister’s obligations to table strategies and to table directions that make programs inconsistent with strategies (s 17, s 21(2)) create clear links between administrative action and parliamentary oversight under the Legislative Assembly’s procedures.
Limits and interactions not altered by the Act
The Act explicitly preserves the operation of several listed environmental and fisheries statutes (s 4), so the authority’s activities remain constrained by those Acts’ regimes. The Act does not purport to amend those regimes other than by the Transport Infrastructure Act amendments described above.
In sum, the Act is designed to slot a new corporatised authority into an existing legal ecosystem, giving it substantive powers to act and receive transferred assets while declaring the authority subject to standard financial, corruption and reporting regimes; at the same time, the Act inserts the authority into the Transport Infrastructure Act manager framework and creates statutory overrides for transfer notices and certain information‑sharing arrangements.
Amendment history
The provided text contains the Act itself and embedded amendments to the Transport Infrastructure Act 1994. The Act’s commencement is by proclamation (s 2), and it contains transitional and amendment provisions which operate on commencement.
Key amendment and transitional provisions included in the text:
Commencement and transitional exemptions:
The Act commences on a day fixed by proclamation (s 2).
Section 18(1) (the requirement to develop a waterways management program before the start of each financial year) does not apply in relation to the financial year starting on 1 July 2026 (s 70). This is an explicit transitional exemption for the FY 2026-27 program requirement.
Section 71 allows the Minister to recommend a CEO before the board has been appointed without the usual requirement to consult the board to the extent consultation was impossible because the board did not exist (s 71).
Industrial relations transitional provision:
Section 72 provides that when the authority commences, the State Government Entities Certified Agreement 2023 (the core agreement) is taken to apply to the authority and its staff for all purposes until a relevant agreement under the Industrial Relations Act 2016 starts operating. It also treats replacement agreements as applying as necessary (s 72).
Amendments to the Transport Infrastructure Act 1994 (division Pt 10‑div.3):
The Act amends s 461 of the Transport Infrastructure Act to add "or a Sunshine Coast waterway" to the management provisions (s 78).
It inserts a new s 461B into the Transport Infrastructure Act to provide that the Sunshine Coast Waterways Authority is taken to be manager of a public marine facility in a Sunshine Coast waterway where there is no current manager; the authority may exercise powers conferred under regulation to limit or prohibit facility use and may exercise other powers necessary for effective management (s 79 / sec.461B).
The term "Gold Coast Waterways Authority" references are amended to "a waterways authority" in fees and other provisions (s 80-82, s 81, s 82).
New chapter 21 part 7 inserts a transitional provision appointing the Sunshine Coast Waterways Authority as manager of the Mooloolaba State managed boat harbour on commencement and takes the chief executive's resignation as manager immediately before commencement (s 83 sec.590).
Schedule and dictionary amendments add definitions for "Sunshine Coast waterway," "Sunshine Coast Waterways Authority" and "waterways authority" meaning either Gold Coast or Sunshine Coast Waterways Authority (s 85).
Schedule 1 subject matter for regulations is amended to reference "a waterways authority" where previously subject matter referenced the chief executive (s 84).
Other temporal mechanics
The authority must develop its 10‑year strategy "from time to time" for the Minister’s approval (s 15). Once approved the strategy must be tabled in the Legislative Assembly within five sitting days (s 17). Waterways management programs are annual submissions for approval covering the financial year and the following three years (s 18).
A three‑year review mechanism requires the Minister to review the authority’s operation as soon as practicable after each 3 years of operation, with the first review as soon as practicable after the day that is 3 years after commencement (s 68).
The text does not contain a legislative history before enactment such as prior versions or repeals; the provided "amendment history" thus consists of the Act’s own amendments to the Transport Infrastructure Act 1994 and its transitional provisions which take effect on commencement.
Litigation history
The Act text provided contains no references to judicial decisions, prior litigation, or case law. It does, however, create statutory mechanisms that interact with legal proceedings and could give rise to litigation; the Act also provides for the transfer and continuation of proceedings.
Relevant provisions affecting litigation posture
Transfer and continuation of legal proceedings: the Minister may make a transfer notice that provides for a legal proceeding being or that may be taken by or against the State to be continued or taken by or against the authority (s 65(1)(g)). This is a statutory mechanism to vest ongoing or potential litigation with the authority rather than the State.
Transfer notices take effect despite any other law or instrument (s 65(5)) and may discharge the State from liabilities to the extent stated (s 65(4)). These provisions are likely to affect the identity of parties and the allocation of liability in any existing or future proceedings involving transferred assets or liabilities.
The requirement that responsible entities update registers and records following a transfer notice (s 65(7)) may be consequential in property, lease and registration disputes because it prescribes corrective steps to effect a transfer.
The Act confers the authority with the status, privileges and immunity of the State (s 10(2)), which has potential implications for litigation and remedies that involve sovereign immunities. The Act also provides that the State cannot be prosecuted for an offence against the Act (s 5(2)). These statements in the Act affect the enforcement and liability landscape but the Act does not define the boundaries of those immunities or their interaction with other statutes or common law causes of action.
Absence of cases in the text
No causes, cases or litigation histories are named or cited in the Act. The Act itself neither reports previous litigation nor contains a section describing or summarising case law. Any litigation that arises from the Act will be new and will need to be analysed in light of general public law, administrative law and the interaction with other statutes that the Act preserves and amends.
Practical note for practitioners
The Act creates several points where disputes could be litigated or judicially reviewed: Ministerial directions and approvals of strategy and programs (s 15, s 20, s 55), transfer notices and their effects on instruments and liabilities (s 65-66), the appointment, suspension and removal of members (s 25, s 31, s 32), and the interplay between the authority’s State status and other liability regimes (s 10, s 5). None of these are addressed in litigation within the text; practitioners should expect these areas to be potential loci for contested proceedings after the Act has commenced.
Gotchas
The Act contains several provisions that produce non‑obvious practical consequences. Below are concrete “gotchas” grounded in the statutory text, with references.
State immunity for the authority and inability to prosecute the State for offences under the Act
The authority "represents the State" and "has the status, privileges and immunity of the State" (s 10(1)-(2)). Separately the Act says it binds all persons including the State, but that the State cannot be prosecuted for an offence against this Act (s 5(1)-(2)). Practitioners should note these provisions may limit regulatory or criminal enforcement against the authority insofar as it exercises functions as the State’s representative.
Transfer notices override other laws and can discharge State liabilities
The Minister may, by gazette transfer notice, transfer State businesses, assets, liabilities and instruments to the authority and the transfer notice "has effect despite any other law or instrument" (s 65(1), s 65(5)). The transfer of a liability of the State under a transfer notice discharges the State from the liability, other than to the extent stated in the notice (s 65(4)). This is a powerful mechanism that can change parties and liabilities without separate consent processes potentially expected under other statutes or contracts.
Responsible entities must register changes
If a transfer notice applies an instrument to the authority, the responsible entity must take action necessary to register or record the effect, including updating registers and amending, cancelling or issuing instruments (s 65(7)). Failure to do so could leave public records inconsistent, with practical consequences for property and leasing arrangements.
Ministerial control over strategy and program and binding directions
The Minister may approve or direct amendments to the strategy and programs (s 15(3), s 20(2)). The Minister may give written directions the Minister considers reasonably necessary and the authority must comply (s 55(1), s 55(3)). If the Minister’s direction makes a program inconsistent with an approved strategy, the Minister must table the direction (s 21(2)). Strategically, this centralises significant control with the Minister and reduces board/CEO autonomy over core strategic documents.
Delegation restriction for part 3 functions
The authority may delegate functions except a function under part 3 (which covers strategy and programs), and the CEO may also delegate to staff (s 67). This statutory bar prevents offloading core strategy/program duties, meaning the board and authority retain direct responsibility for those items.
Financial flows mostly to consolidated fund, limiting retained revenue
The authority must pay amounts received under this or another Act to the consolidated fund (s 59(1)). Only amounts received or recovered by the authority in its capacity as manager of a public marine facility under the Transport Infrastructure Act 1994 may be retained and not paid into consolidated fund (s 59(2)). Most fee income may therefore not be available to be retained by the authority unless it is acting as manager and the Transport Infrastructure Act exception applies.
CEO not appointed under Public Sector Act 2022; but public service rights preserved
The CEO is appointed under this Act and not under the Public Sector Act 2022 (s 44(4)). However, s 47 preserves rights for a public service officer appointed as CEO as if service continues. Practically this means different employment scaffolding for the CEO compared to ordinary public servants.
Disqualification rules that can block appointments
Appointed members and the CEO are disqualified where they are party to relevant contracts with the authority, related entities of parties to relevant contracts, employees of parties to relevant contracts (except some councils), have certain convictions, are insolvent under administration, or are members of parliaments/councils (s 33, s 51). These provisions may disqualify experienced local stakeholders who contract with the authority or hold positions in Councils.
Confidentiality and destruction obligations for criminal history information
Criminal history information obtained under s 61/62 must be kept confidential and destroyed as soon as practicable after it is no longer needed, despite the Public Records Act 2023 (s 63(4)-(5)). Practitioners handling such material must build secure, time‑limited handling and destruction processes.
Immediate appointment of manager for Mooloolaba harbour on commencement
A transitional provision appoints the authority as manager of the Mooloolaba State managed boat harbour on commencement and treats the chief executive as having resigned as manager immediately before commencement (s 83 sec.590). This produces immediate operational responsibilities and likely revenue/expenditure implications from day one.
These provisions are not inherently bad or good; they create particular implementation risks and practical constraints. Parties contracting with or affected by the authority should plan for register updates (s 65(7)), Ministerial directions (s 55), constrained revenue retention (s 59) and appointment/disqualification barriers (s 33, s 51).
How to comply
This section distils the Act’s operational compliance steps for the authority, board, CEO, prospective appointees and relevant third parties, grounded in the specific statutory obligations.
For the authority (operational checklist)
Corporate establishment and registration
Ensure corporate identity, seal, and legal standing are effected as the authority becomes a body corporate with the capacity to sue and be sued (s 9). Confirm statutory body registration and Treasury/statutory body reporting arrangements under the Financial Accountability Act 2009 and Statutory Bodies Financial Arrangements Act 1982 (s 11).
Strategy and program development
Develop a 10‑year waterways management strategy and include s 16 required elements: objectives, proposals, investment criteria, financing options and performance indicators (s 14, s 16).
Take reasonable steps for public consultation and consult Maritime Safety Queensland and the named councils when developing the strategy (s 15(2)(c)-(d)). Ensure the strategy has regard to agreements between the State and the three councils about navigational access and infrastructure (s 15(2)(b)).
Prepare a waterways management program before the start of each financial year covering the coming financial year and the following three years, detailing projects, consultation steps, policies and financial measures, performance targets, and any other Ministerial directions (s 18(1)-(3)). Note the FY starting 1 July 2026 is exempt from s 18(1) by s 70.
Submit strategy and programs to the Minister for approval; if approved, publish programs on the authority’s website (s 15(1), s 20(3)).
Reporting
Produce quarterly reports addressing progress of projects implementing the strategy, other management activities, and revenue/expenditure within six weeks after each quarter (or other agreed period) (s 56).
Ensure annual report includes copies of Ministerial directions given during the year, details of projects, and a statement comparing performance to expected performance under the waterways management program (s 57). These reports integrate with Financial Accountability Act 2009 obligations (s 57(1)).
Financial management
Pay amounts received under this or another Act into the consolidated fund unless amounts are received in the authority’s capacity as manager of a public marine facility under the Transport Infrastructure Act 1994 (s 59). Coordinate with Treasury and the statutory bodies financial arrangements framework (s 11).
Information security and sharing
When entering information‑sharing arrangements with relevant agencies, ensure arrangements are limited to information that assists the authority or the relevant agency to perform functions and document authorisations for asking, receiving and disclosing information (s 58). Implement secure protocols for criminal history information with destruction schedules in accordance with s 63(4)-(5).
Delegations
Implement delegation instruments for allowable functions but ensure part 3 functions (strategy/program) are not delegated (s 67). Chief executive may delegate to appropriately qualified staff (s 67(2)).
For the board and appointed members
Appointments and eligibility
Ensure prospective appointees provide the written statements requested by the Minister disclosing disqualification and potential conflicts (s 26). The Minister may request criminal history reports with the candidate’s written consent (s 61).
Check disqualification criteria against proposed appointees (s 33). Avoid appointing persons party to relevant contracts or related entities, employees of parties to relevant contracts (with council exceptions), persons convicted of indictable offences (unless spent) or persons disqualified under Corporations Act provisions.
Conflicts of interest
Adopt and publish a conflicts policy to ensure appointed members disclose conflicts as soon as practicable to the board (where the matter is being considered) or the Minister (otherwise), and abstain from participation where required (s 38). Record disclosures in board minutes (s 41).
Meetings and records
Convene meetings at least quarterly and keep minutes and records of decisions made outside meetings (s 35-36, s 41). Ensure quorum rules (> half the appointed members) and majority voting rules are followed (s 36-39).
For the chief executive officer and staff
Appointment and terms
CEO is appointed by Governor in Council on Minister recommendation and must meet disqualification tests (s 44, s 51). If a public service officer, preserve accrued rights as per s 47.
Staff are employed under the Public Sector Act 2022 (s 54). Transitional certified agreement coverage may apply immediately on commencement (s 72).
Disclosures and criminal history
The CEO must disclose conflicts and notify the Minister of disqualifying events and changes in criminal history (s 48, s 49, s 62). Ensure compliance with penalties for false statements and failure to disclose (s 26, s 30, s 62).
Delegations and operational management
The CEO should implement internal delegations to appropriately qualified staff (s 67(2)), ensuring compliance with the Act’s bar on delegating part 3 functions.
For the Minister’s office and responsible agencies
Appointment processes
When recommending candidates, use the statutory questionnaires under s 26 and s 43 to obtain written statements re disqualification and conflicts. Obtain written consent for criminal history checks before requesting reports from the police commissioner (s 61(2)).
Transfer notices and registries
When exercising s 65 powers to make transfer notices, prepare gazette notices that clearly state the extent of transfer, any conditions, successor in law status and whether liabilities are discharged. Where it is inappropriate to include particular matters directly in the transfer notice, prepare Minister‑signed documents and state their availability for inspection as permitted by s 65(3). Coordinate with responsible entities to ensure registers and instruments are updated (s 65(7)).
For third parties and contractors
Contracting and appointment risk
Be aware that contracting with the authority or a related corporate entity may disqualify individuals from board membership or the CEO office (s 33, s 51). Where a prospective appointee has current commercial engagement with the authority, plan either for disclosure and recusal or to avoid concurrent appointment.
Instruments and title adjustments
If a transfer notice applies to your instruments, be ready to accept changes in counterparties and to update registrations in accordance with s 65(7). Monitor the Queensland Government Gazette for transfer notices that may affect leases, easements, reserves and other instruments.
Process controls and documentation
Keep robust written records to meet the requirement that the Minister may direct the authority to submit documents for approval and the requirement for quarterly and annual reporting (s 55-57).
Maintain a register of conflicts and disclosures for all board members and the CEO and document steps taken to manage any declared conflicts in board minutes (s 38, s 41).
Implement a secure process for criminal history checks that obtains written consent before the police commissioner is asked for a report (s 61(2)), restricts access to authorised personnel (s 63(1)-(3)) and includes controlled destruction procedures for files and notices no longer needed (s 63(4)-(5)).
Following these steps will place the authority and its officeholders in compliance with the Act’s reporting, disclosure, appointment and financial rules, and position third parties to anticipate transfer notice effects and register updates.
(h) the State Development and Public Works Organisation Act 1971 ;
(i) the Transport Infrastructure Act 1994 ;
(j) the Transport Operations (Marine Pollution) Act 1995 ;
(k) the Transport Operations (Marine Safety) Act 1994 .
(a) the Coastal Protection and Management Act 1995 ;
(b) the Local Government Act 2009 ;
(c) the Planning Act 2016 .
sec.5 Act binds all persons
sec.5 Act binds all persons
This Act binds all persons, including the State.
However, the State can not be prosecuted for an offence against this Act.
(sec.5-ssec.1) This Act binds all persons, including the State.
(sec.5-ssec.2) However, the State can not be prosecuted for an offence against this Act.
sec.6 Definitions
sec.6 Definitions
The dictionary in schedule 1 defines particular words used in this Act.
sec.7 Meaning of Sunshine Coast waterways
sec.7 Meaning of Sunshine Coast waterways
The Sunshine Coast waterways are all of the following waterways below the high water mark—
Castaways Creek;
Lake Cooroibah;
Lake Cootharaba;
Cornmeal Creek;
Currimundi Creek;
Lake Doonella;
Keyser Channel;
the Maroochy River;
the Mooloolah River;
the Noosa River, and adjoining waterways, to the extent the waterways are within the local government area of the Noosa Shire Council;
Pumicestone Channel (commonly known as Pumicestone Passage), and adjoining waterways, north of a line from latitude 27º06' south on the mainland shore to South Point on Bribie Island;
Stumer Creek;
Tooway Creek;
Lake Weyba;
Weyba Creek;
waterways adjoining the waterways stated in paragraphs (a) to (i) and (l) to (o) .
(a) Castaways Creek;
(b) Lake Cooroibah;
(c) Lake Cootharaba;
(d) Cornmeal Creek;
(e) Currimundi Creek;
(f) Lake Doonella;
(g) Keyser Channel;
(h) the Maroochy River;
(i) the Mooloolah River;
(j) the Noosa River, and adjoining waterways, to the extent the waterways are within the local government area of the Noosa Shire Council;
(k) Pumicestone Channel (commonly known as Pumicestone Passage), and adjoining waterways, north of a line from latitude 27º06' south on the mainland shore to South Point on Bribie Island;
(l) Stumer Creek;
(m) Tooway Creek;
(n) Lake Weyba;
(o) Weyba Creek;
(p) waterways adjoining the waterways stated in paragraphs (a) to (i) and (l) to (o) .
pt.2 Sunshine Coast Waterways Authority
Sunshine Coast Waterways Authority
pt.2-div.1 Establishment
Establishment
sec.8 Establishment
sec.8 Establishment
The Sunshine Coast Waterways Authority is established.
sec.9 Legal status
sec.9 Legal status
The authority—
is a body corporate; and
has perpetual succession; and
has a seal; and
may sue and be sued in its corporate name.
(a) is a body corporate; and
(b) has perpetual succession; and
(c) has a seal; and
(d) may sue and be sued in its corporate name.
sec.10 Authority represents the State
sec.10 Authority represents the State
The authority represents the State.
Without limiting subsection (1) , the authority has the status, privileges and immunity of the State.
(sec.10-ssec.1) The authority represents the State.
(sec.10-ssec.2) Without limiting subsection (1) , the authority has the status, privileges and immunity of the State.
sec.11 Application of other Acts
sec.11 Application of other Acts
The authority is—
a statutory body under the Financial Accountability Act 2009 ; and
a statutory body under the Statutory Bodies Financial Arrangements Act 1982 ; and
The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way that Act affects the authority’s powers.
a unit of public administration under the Crime and Corruption Act 2001 .
(a) a statutory body under the Financial Accountability Act 2009 ; and
(b) a statutory body under the Statutory Bodies Financial Arrangements Act 1982 ; and Note— The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way that Act affects the authority’s powers.
(c) a unit of public administration under the Crime and Corruption Act 2001 .
pt.2-div.2 Functions and powers
Functions and powers
sec.12 Functions
sec.12 Functions
The authority has the following functions—
to plan strategically for the management of the Sunshine Coast waterways by developing—
a waterways management strategy; and
a waterways management program;
to install, manage and maintain infrastructure for the Sunshine Coast waterways;
to manage navigational access to, and within, the Sunshine Coast waterways;
to monitor and manage the movement of sand or sediment—
in the Sunshine Coast waterways; and
in coastal waters, or on land, adjacent to the Sunshine Coast waterways for managing the Sunshine Coast waterways;
to perform any other function given to it under this Act or another Act.
(a) to plan strategically for the management of the Sunshine Coast waterways by developing— (i) a waterways management strategy; and (ii) a waterways management program;
(i) a waterways management strategy; and
(ii) a waterways management program;
(b) to install, manage and maintain infrastructure for the Sunshine Coast waterways;
(c) to manage navigational access to, and within, the Sunshine Coast waterways;
(d) to monitor and manage the movement of sand or sediment— (i) in the Sunshine Coast waterways; and (ii) in coastal waters, or on land, adjacent to the Sunshine Coast waterways for managing the Sunshine Coast waterways;
(i) in the Sunshine Coast waterways; and
(ii) in coastal waters, or on land, adjacent to the Sunshine Coast waterways for managing the Sunshine Coast waterways;
(e) to perform any other function given to it under this Act or another Act.
(i) a waterways management strategy; and
(ii) a waterways management program;
(i) in the Sunshine Coast waterways; and
(ii) in coastal waters, or on land, adjacent to the Sunshine Coast waterways for managing the Sunshine Coast waterways;
sec.13 Powers
sec.13 Powers
The authority has the powers of an individual and may, for example—
acquire, hold, dispose of or deal with property; or
appoint agents and attorneys; or
engage consultants; or
enter into contracts, joint ventures and commercial arrangements; or
do anything else necessary or convenient to be done in the performance its functions.
Also, the authority has the powers given to it under this Act or another Act.
(sec.13-ssec.1) The authority has the powers of an individual and may, for example— acquire, hold, dispose of or deal with property; or appoint agents and attorneys; or engage consultants; or enter into contracts, joint ventures and commercial arrangements; or do anything else necessary or convenient to be done in the performance its functions.
(sec.13-ssec.2) Also, the authority has the powers given to it under this Act or another Act.
(a) acquire, hold, dispose of or deal with property; or
(b) appoint agents and attorneys; or
(c) engage consultants; or
(d) enter into contracts, joint ventures and commercial arrangements; or
(e) do anything else necessary or convenient to be done in the performance its functions.
pt.3 Waterways management strategy and waterways management program
Waterways management strategy and waterways management program
pt.3-div.1 Waterways management strategy
Waterways management strategy
sec.14 Meaning of waterways management strategy
sec.14 Meaning of waterways management strategy
A waterways management strategy is a 10-year management strategy about the long-term sustainable use, management and development of the Sunshine Coast waterways.
The purposes of a waterways management strategy are to—
establish a clear direction for the sustainable use, management and development of the Sunshine Coast waterways for a 10-year period; and
identify the needs and priorities for the sustainable use, management and development of the Sunshine Coast waterways into the future, having regard to the benefits for and impacts on—
the local community; and
the local environment; and
local marine industries, tourism and economy.
(sec.14-ssec.1) A waterways management strategy is a 10-year management strategy about the long-term sustainable use, management and development of the Sunshine Coast waterways.
(sec.14-ssec.2) The purposes of a waterways management strategy are to— establish a clear direction for the sustainable use, management and development of the Sunshine Coast waterways for a 10-year period; and identify the needs and priorities for the sustainable use, management and development of the Sunshine Coast waterways into the future, having regard to the benefits for and impacts on— the local community; and the local environment; and local marine industries, tourism and economy.
(a) establish a clear direction for the sustainable use, management and development of the Sunshine Coast waterways for a 10-year period; and
(b) identify the needs and priorities for the sustainable use, management and development of the Sunshine Coast waterways into the future, having regard to the benefits for and impacts on— (i) the local community; and (ii) the local environment; and (iii) local marine industries, tourism and economy.
(i) the local community; and
(ii) the local environment; and
(iii) local marine industries, tourism and economy.
(i) the local community; and
(ii) the local environment; and
(iii) local marine industries, tourism and economy.
sec.15 Development
sec.15 Development
The authority must, from time to time, develop a waterways management strategy for the Minister’s approval.
In developing a waterways management strategy, the authority must—
have regard to the purpose of this Act; and
have regard to agreements or arrangements about navigational access to, marine infrastructure for, and management of, the Sunshine Coast waterways between—
the State and the Moreton Bay City Council; or
the State and the Noosa Shire Council; or
the State and the Sunshine Coast Regional Council; and
take reasonable steps to engage in public consultation; and
consult with—
Maritime Safety Queensland; and
the Moreton Bay City Council; and
the Noosa Shire Council; and
the Sunshine Coast Regional Council.
In relation to a waterways management strategy submitted for approval, the Minister may—
approve the strategy; or
direct the authority to amend the strategy.
(sec.15-ssec.1) The authority must, from time to time, develop a waterways management strategy for the Minister’s approval.
(sec.15-ssec.2) In developing a waterways management strategy, the authority must— have regard to the purpose of this Act; and have regard to agreements or arrangements about navigational access to, marine infrastructure for, and management of, the Sunshine Coast waterways between— the State and the Moreton Bay City Council; or the State and the Noosa Shire Council; or the State and the Sunshine Coast Regional Council; and take reasonable steps to engage in public consultation; and consult with— Maritime Safety Queensland; and the Moreton Bay City Council; and the Noosa Shire Council; and the Sunshine Coast Regional Council.
(sec.15-ssec.3) In relation to a waterways management strategy submitted for approval, the Minister may— approve the strategy; or direct the authority to amend the strategy.
(a) have regard to the purpose of this Act; and
(b) have regard to agreements or arrangements about navigational access to, marine infrastructure for, and management of, the Sunshine Coast waterways between— (i) the State and the Moreton Bay City Council; or (ii) the State and the Noosa Shire Council; or (iii) the State and the Sunshine Coast Regional Council; and
(i) the State and the Moreton Bay City Council; or
(ii) the State and the Noosa Shire Council; or
(iii) the State and the Sunshine Coast Regional Council; and
(c) take reasonable steps to engage in public consultation; and
(d) consult with— (i) Maritime Safety Queensland; and (ii) the Moreton Bay City Council; and (iii) the Noosa Shire Council; and (iv) the Sunshine Coast Regional Council.
(i) Maritime Safety Queensland; and
(ii) the Moreton Bay City Council; and
(iii) the Noosa Shire Council; and
(iv) the Sunshine Coast Regional Council.
(i) the State and the Moreton Bay City Council; or
(ii) the State and the Noosa Shire Council; or
(iii) the State and the Sunshine Coast Regional Council; and
(i) Maritime Safety Queensland; and
(ii) the Moreton Bay City Council; and
(iii) the Noosa Shire Council; and
(iv) the Sunshine Coast Regional Council.
(a) approve the strategy; or
(b) direct the authority to amend the strategy.
sec.16 Content
sec.16 Content
A waterways management strategy must include the following—
a statement of specific objectives sought to be achieved in relation to the Sunshine Coast waterways;
any proposals for achieving the objectives;
the investment criteria for deciding priorities for the proposals to achieve the objectives;
options for financing the delivery of the priorities mentioned in paragraph (c) ;
appropriate performance indicators for deciding whether, and to what extent, the objectives of the strategy have been achieved.
(a) a statement of specific objectives sought to be achieved in relation to the Sunshine Coast waterways;
(b) any proposals for achieving the objectives;
(c) the investment criteria for deciding priorities for the proposals to achieve the objectives;
(d) options for
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