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Part 3 Waterways management strategy and waterways management program
Part 3 Waterways management
strategy and waterways
management program
Division 1 Waterways management strategy
14 Meaning of waterways management strategy
(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.
(2) The purposes of a waterways management strategy are to—
(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.
15 Development
(1) The authority must, from time to time, develop a waterways
management strategy for the Minister’s approval.
(2) In developing a waterways management strategy, the authority
must—
(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
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Part 3 Waterways management strategy and waterways management program
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
(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.
(3) In relation to a waterways management strategy submitted for
approval, the Minister may—
(a) approve the strategy; or
(b) direct the authority to amend the strategy.
16 Content
A waterways management strategy must include the
following—
(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.
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Part 3 Waterways management strategy and waterways management program
17 Tabling
(1) The Minister must table a copy of a waterways management
strategy in the Legislative Assembly within 5 sitting days after
approving the strategy.
(2) In this section—
waterways management strategy includes an amendment of a
waterways management strategy.
Division 2 Waterways management program
18 Development of waterways management program
(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).
(2) A waterways management program is a program for
implementing the waterways management strategy for the
financial year and the following 3 financial years.
(3) A waterways management program must include each of the
following for the period to which the program relates—
(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.
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Part 3 Waterways management strategy and waterways management program
19 Consultation
In developing a waterways management program, the
authority must take reasonable steps to—
(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.
20 Approval
(1) The authority must submit a draft waterways management
program to the Minister before the start of each financial year.
(2) The Minister may—
(a) approve the program; or
(b) direct the authority to amend the program.
(3) If the Minister approves the program, the authority must
publish the program on the authority’s website.
(4) If the Minister gives a direction to amend the program, the
authority must comply with the direction.
21 Consistency with waterways management strategy
(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.
(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
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copy of the direction in the Legislative Assembly within 5
sitting days after the direction is given.
Part 4 Sunshine Coast Waterways
Authority Board
Division 1 Establishment, functions and
powers
22 Establishment
The Sunshine Coast Waterways Authority Board (the board)
is established as the governing body of the authority.
23 Functions
The functions of the board are—
(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.
24 Powers
(1) The board has the powers to do anything necessary or
convenient for the performance of its functions.
(2) Anything done in the name of, or for, the authority by the
board is taken to have been done by the authority.
Division 2 Composition
25 Composition
(1) The board consists of a chairperson and 6 other persons.
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(2) A person mentioned in subsection (1) is an appointed
member.
(3) An appointed member must be appointed by the Governor in
Council on the recommendation of the Minister.
26 Prospective appointees
(1) This section applies if a person is being considered for
appointment as an appointed member.
(2) The Minister may ask the person to give the Minister a written
statement stating—
(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.
(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.
27 Appointed members
The Minister may recommend a person to be an appointed
member if the Minister is satisfied that—
(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;
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(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.
28 Term of appointment
(1) An appointed member holds office for the term stated in the
member’s instrument of appointment.
(2) The stated term must not be longer than 4 years.
(3) An appointed member may be reappointed.
(4) However, the total of the appointed member’s terms may not
be longer than 8 years.
29 Conditions of appointment
(1) An appointed member is to be paid the remuneration and
allowances decided by the Governor in Council.
(2) An appointed member holds office on the terms and
conditions, not provided for by this Act, decided by the
Governor in Council.
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30 Appointed members to disclose particular matters
(1) This section applies to a person who—
(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).
(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.
Note—
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.
31 Suspension from office
(1) This section applies if—
(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.
(2) The Minister may, by written notice given to the appointed
member, suspend the appointed member for a period not
exceeding 60 days.
(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.
(4) The Minister must advise the appointed member by written
notice if the Minister ends the member’s suspension.
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32 Vacancy in office
The office of an appointed member becomes vacant if the
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.
33 Disqualification
(1) A person is disqualified from becoming, or continuing in
office as, an appointed member if the person—
(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.
(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.
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Division 3 Board meetings
34 Conduct of business
Subject to this division, the board may conduct its business,
including its meetings, in the way it considers appropriate.
35 Meetings generally
(1) The chairperson may convene a meeting of the board (a board
meeting) as the chairperson considers appropriate.
(2) However, the chairperson must call a board meeting—
(a) at least once in each quarter; and
(b) if asked, in writing, to do so by at least 2 appointed
members.
(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.
(4) An appointed member who takes part in a board meeting
under subsection (3) is taken to be present at the meeting.
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.
37 Presiding at meetings
(1) The chairperson must preside at all board meetings at which
the chairperson is present.
(2) If the chairperson is absent from a board meeting, the
following member must preside—
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(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.
38 Disclosure of conflicts of interest
(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.
(2) The appointed member must, as soon as practicable, disclose
the interest to—
(a) if the matter is being considered or about to be
considered by the board—the board; or
(b) otherwise—the Minister.
Maximum penalty—100 penalty units.
(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.
39 Voting at meetings
(1) A question at the meeting is decided by a majority of the votes
of the appointed members present at the board meeting.
(2) If the votes are equal, the appointed member presiding at the
board meeting has a casting vote.
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.
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Part 5 Staff
41 Minutes
The board must keep—
(a) minutes of board meetings; and
(b) records of decisions made outside of meetings.
Division 4 Committees
42 Establishment of committees
(1) The board may establish 1 or more committees to assist in the
performance of the board’s functions.
(2) The members of a committee of the board are the appointed
members decided by the board.
(3) Subject to the directions of the board, a committee of the
board may conduct its proceedings, including its meetings, as
it considers appropriate.
Part 5 Staff
Division 1 Chief executive officer
43 Prospective chief executive officer
(1) This section applies if a person is being considered for
appointment to the office of chief executive officer.
(2) The Minister may ask the person to give the Minister a written
statement stating—
(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.
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