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Sunshine Coast Waterways Authority Bill 2026
Part 8 Miscellaneous provisions
(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.
(2) A transfer notice may include conditions applying to
something done or to be done under the notice.
(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—
(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.
(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.
(5) A transfer notice has effect despite any other law or
instrument.
(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.
(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—
(a) updating a register or other record; and
(b) amending, cancelling or issuing an instrument.
(8) In this section—
lease includes any derivative under lease of the lease.
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Authorised by the Parliamentary Counsel
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Sunshine Coast Waterways Authority Bill 2026
Part 8 Miscellaneous provisions
responsible entity, for an instrument, means the entity
required or authorised by law to register or record matters in
relation to the instrument.
66 Application of instruments
(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.
(2) Without limiting the application of the transfer notice to the
instrument—
(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
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Authorised by the Parliamentary Counsel
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Sunshine Coast Waterways Authority Bill 2026
Part 8 Miscellaneous provisions
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.
Division 3 Other provisions
67 Delegations
(1) The authority may delegate a function of the authority, other
than a function under part 3, to—
(a) an appointed member; or
(b) the chief executive officer; or
(c) an appropriately qualified person.
(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.
(3) In this section—
function includes power.
68 Three-yearly review of operations
(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).
(2) The first 3-yearly review must be undertaken as soon as
practicable after the day that is 3 years after the
commencement.
(3) Each 3-yearly review must include a review of—
(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.
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Authorised by the Parliamentary Counsel
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Sunshine Coast Waterways Authority Bill 2026
Part 9 Transitional provisions
69 Regulation-making power
The Governor in Council may make regulations under this
Act.
Part 9 Transitional provisions
70 Waterways management program
Section 18(1) does not apply in relation to the financial year
starting on 1 July 2026.
71 Initial appointment of chief executive officer
(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.
(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.
72 Certified agreement to apply to particular staff members
(1) Subsection (2) applies if immediately before the
commencement—
(a) the core agreement has not been terminated; and
(b) a relevant agreement has not started operating under the
Industrial Relations Act 2016.
(2) From the commencement—
(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—
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Sunshine Coast Waterways Authority Bill 2026
Part 9 Transitional provisions
(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.
(3) Subsections (4) and (5) apply if—
(a) the core agreement has been terminated; and
(b) the replacement agreement is not a relevant agreement.
(4) The replacement agreement is taken to apply, for all purposes,
as if the agreement applied to employees of the authority.
(5) Without limiting subsection (4), the replacement 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.
(6) This section applies until a relevant agreement starts operating
under the Industrial Relations Act 2016.
(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—
(a) the authority; and
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Authorised by the Parliamentary Counsel
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Sunshine Coast Waterways Authority Bill 2026
Part 10 Amendment of legislation
(b) any staff members of the authority.
replacement agreement means a certified agreement or
arbitration determination that replaces the core agreement.
Part 10 Amendment of legislation
Division 1 Amendment of this Act
73 Act amended
This division amends this Act.
74 Amendment of long title
Long title, from ‘, and to amend’—
omit.
Division 2 Amendment of Public Sector Act
2022
75 Act amended
This division amends the Public Sector Act 2022.
76 Amendment of sch 1 (Public service entities under
section 9(b))
Schedule 1—
insert—
Sunshine Coast Waterways Authority
under the Sunshine Coast Waterways
Authority Act 2026
chief executive officer
under the Sunshine Coast
Waterways Authority Act
2026
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Authorised by the Parliamentary Counsel
[s 77]
Sunshine Coast Waterways Authority Bill 2026
Part 10 Amendment of legislation
Division 3 Amendment of Transport
Infrastructure Act 1994
77 Act amended
This division amends the Transport Infrastructure Act 1994.
Note—
See also the amendments in schedule 2.
78 Amendment of s 461 (Management by chief executive)
Section 461(1), after ‘Gold Coast waters’—
insert—
or a Sunshine Coast waterway
79 Insertion of new s 461B
After section 461A—
insert—
461B Management by Sunshine Coast Waterways
Authority
(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.
(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.
(3) If the Sunshine Coast Waterways Authority is the
manager of a public marine facility, the
authority—
(a) has any powers, conferred under a
regulation, to limit or prohibit the use of the
facility; and
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Sunshine Coast Waterways Authority Bill 2026
Part 10 Amendment of legislation
(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.
(4) This section does not limit a power the Sunshine
Coast Waterways Authority has apart from this
section.
80 Amendment of s 464 (Management by another person)
Section 464, ‘the Gold Coast Waterways Authority’—
omit, insert—
a waterways authority
81 Amendment of s 466 (Fees)
(1) Section 466(4)(a) and (5), ‘Gold Coast Waterways
Authority’—
omit, insert—
a waterways authority
(2) Section 466(5), note, after ‘chief executive’—
insert—
or a waterways authority
82 Amendment of s 476 (Amounts payable are debts owing
to the State)
Section 476, ‘the Gold Coast Waterways Authority’—
omit, insert—
a waterways authority
83 Insertion of new ch 21, pt 7
Chapter 21—
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Authorised by the Parliamentary Counsel
[s 84]
Sunshine Coast Waterways Authority Bill 2026
Part 10 Amendment of legislation
insert—
Part 7 Transitional provision
for Sunshine Coast
Waterways Authority
Act 2026
590 Sunshine Coast Waterways Authority to be
manager of Mooloolaba State managed boat
harbour
(1) This section applies in relation to the Mooloolaba
State managed boat harbour.
(2) The chief executive is taken to have resigned as
the manager of the Mooloolaba State managed
boat harbour immediately before the
commencement.
(3) On the commencement, the Sunshine Coast
Waterways Authority is appointed as the manager
of the Mooloolaba State managed boat harbour.
(4) This section applies despite sections 459 and 467.
(5) In this section—
Mooloolaba State managed boat harbour means
the Mooloolaba Harbour shown as lot 1 on
SP143293.
84 Amendment of sch 1 (Subject matter for regulations)
(1) Schedule 1, part 1, item 20, ‘by the chief executive’—
omit.
(2) Schedule 1, part 1, item 21, after ‘chief executive’—
insert—
or a waterways authority
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Authorised by the Parliamentary Counsel
[s 85]
Sunshine Coast Waterways Authority Bill 2026
Part 10 Amendment of legislation
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—
(a) the Gold Coast Waterways Authority; or
(b) the Sunshine Coast Waterways Authority.
Division 4 Amendment of Transport
Operations (Marine Pollution) Act
1995
86 Act amended
This division amends the Transport Operations (Marine
Pollution) Act 1995.
87 Amendment of s 66 (Reception facilities)
(1) Section 66(3), ‘the Gold Coast Waterways Authority’—
omit, insert—
a waterways authority
(2) Section 66(3), after ‘Gold Coast waters’—
insert—
or Sunshine Coast waterways
(3) Section 66(4), ‘the Gold Coast Waterways Authority’—
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Authorised by the Parliamentary Counsel
[s 88]
Sunshine Coast Waterways Authority Bill 2026
Part 10 Amendment of legislation
omit, insert—
a waterways authority
(4) Section 66(6)(b), ‘the Gold Coast Waterways Authority’—
omit, insert—
a waterways authority
(5) Section 66(11)—
insert—
Gold Coast waters see the Gold Coast Waterways
Authority Act 2012, section 7(1).
Sunshine Coast waterways see 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—
(a) the Gold Coast Waterways Authority; or
(b) the Sunshine Coast Waterways Authority.
88 Amendment of sch 1 (Dictionary)
Schedule 1, definition Gold Coast waters—
omit.
Division 5 Amendment of Transport
Operations (Marine Safety) Act 1994
89 Act amended
This division amends the Transport Operations (Marine
Safety) Act 1994.
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Authorised by the Parliamentary Counsel
[s 90]
Sunshine Coast Waterways Authority Bill 2026
Part 10 Amendment of legislation
90 Amendment of s 77A (Harbour master to consult with
Gold Coast Waterways Authority)
(1) Section 77A, heading, ‘Gold Coast Waterways Authority’—
omit, insert—
waterways authority
(2) Section 77A(1), from ‘functions’—
omit, insert—
functions of a waterways authority, the harbour
master must consult with the waterways authority
to the extent reasonably practicable.
91 Insertion of new s 105B
After section 105A—
insert—
105B Sunshine Coast Waterways Authority may
set up aid to navigation
(1) Without limiting section 105, the Sunshine Coast
Waterways Authority may, with the approval of
the general manager, set up an aid to navigation in
the Sunshine Coast waterways—
(a) in or near a pilotage area; and
(b) in any other place where the authority
considers the aid to navigation is desirable
to ensure the safety of people or ships or
other property.
(2) However, the approval of the general manager is
not required to maintain an aid to navigation.
(3) The Sunshine Coast Waterways Authority may
enter into agreements for setting up an aid to
navigation.
(4) In this section—
Sunshine Coast waterways see the Sunshine
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Authorised by the Parliamentary Counsel
[s 92]
Sunshine Coast Waterways Authority Bill 2026
Part 10 Amendment of legislation
Coast Waterways Authority Act 2026, section 7.
92 Replacement of s 203 (Definitions for pt 16)
Section 203—
omit, insert—
203 Definitions for part
In this part—
original decision means a decision made under
this Act by the chief executive, the general
manager, a harbour master, a shipping inspector
or a waterways authority, other than a reviewed
decision.
reviewed decision means a decision made, or
taken to have been made, by the chief executive,
the general manager or a waterways authority on
a review under section 203B.
93 Amendment of s 203A (Main purposes of pt 16)
(1) Section 203A, heading, ‘pt 16’—
omit, insert—
part
(2) Section 203A(a), from ‘a delegate’—
omit, insert—
a harbour master, a shipping inspector or a
waterways authority; and
94 Amendment of s 203B (Internal review of decisions)
(1) Section 203B(1)(a), ‘or a delegate of the chief executive’—
omit.
(2) Section 203B(1)(b)—
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