Transport Infrastructure (Waterways Management) Regulation 2012
In ForceQLD
Jurisdiction
Queensland
Act Number
231 of 2012
Collection
regulation
Plain English Summary
6/10 complexity
This regulation controls use of specified Gold Coast and Sunshine Coast waters, replacing earlier local plans. It limits anchoring, mooring, living‑on‑board, repairs and risky vessel manoeuvres, requires waste holding and records in some areas, and creates penalties for breaches.
Many activities need prior approval (with fees), and the administering agency or chief executive decides, may impose conditions, and can renew, suspend or cancel approvals. A limited marine‑safety exemption and review rights are provided.
The Transport Infrastructure (Waterways Management) Regulation 2012 (Qld) imposes a layered regime of use restrictions on two geographically defined sets of Queensland waterways: the Gold Coast waters (schedule 1) and the Sunshine Coast waters (schedule 2). It does not create a general licensing system for all on-water activities; instead it targets four specific problems that recurred under the previous management plans it replaced: long-term or permanent occupation of public waterways by vessels living aboard or at anchor, obstruction of navigation corridors adjacent to approved structures, water-based construction activity conducted away from commercial facilities, and commercial aircraft operations on regulated waters without safety oversight.
Mechanically, the regulation works through prohibition plus approval pathway. A default prohibition is stated for each regulated activity, a maximum penalty is attached, and a pathway to an approval (living on board approval, watercraft works approval, or take-off and landing approval) is opened for those whose circumstances require it. The administering agency for Gold Coast waters is the Gold Coast Waterways Authority, whose review rights are governed by sections 36 and 37 of the Gold Coast Waterways Authority Act 2012. For all other regulated waters, the administering agency is the chief executive of the relevant department, and review of adverse decisions goes to QCAT under sections 485 and 485A of the parent Transport Infrastructure Act (s 29).
The regulation replaced two predecessor instruments: the Transport Infrastructure (Gold Coast Waterways) Management Plan 2000 (SL No 341) and the Transport Infrastructure (Sunshine Coast Waterways) Management Plan 2000 (SL No 342), both repealed by section 32. Transitional provisions in part 9, division 2 preserve pre-commencement approvals and in-flight applications under the old plans, so no approved activity was interrupted at commencement.
Current sections
Direct links to the current provisions in Transport Infrastructure (Waterways Management) Regulation 2012.
63
pt.1
Preliminary
Preliminary
sec.1
Short title
sec.1 Short title
This regulation may be cited as the Transport Infrastructure (Waterways Management) Regulation 2012 .
sec.2
Definitions
sec.2 Definitions
The dictionary in schedule 4 defines particular words used in this regulation.
sec.3
Measurement of position
sec.3 Measurement of position
In this regulation, position is defined by reference to GDA2020.
In this section—
GDA2020 means the Reference Frame under the National Measurement (Recognized-Value Standard of Measurement of Position) Determination 2017 (Cwlth) as in force on 1 July 2020.
s 3 sub 2020 SL No. 94 s 32
(sec.3-ssec.1) In this regulation, position is defined by reference to GDA2020.
(sec.3-ssec.2) In this section— GDA2020 means the Reference Frame under the National Measurement (Recognized-Value Standard of Measurement of Position) Determination 2017 (Cwlth) as in force on 1 July 2020.
pt.2
Application
Application
sec.4
Waterways and associated infrastructure
sec.4 Waterways and associated infrastructure
Subject to subsection (2) , this regulation applies to the following Queensland waters ( regulated waters )—
the waterways described in schedule 1 , part 1 ( Gold Coast waters );
the waterways described in schedule 2 , part 1 ( Sunshine Coast waters ).
This regulation does not apply to a State managed boat harbour under the Transport Infrastructure (Public Marine Facilities) Regulation 2023 .
s 4 amd 2023 SL No. 110 s 125
(sec.4-ssec.1) Subject to subsection (2) , this regulation applies to the following Queensland waters ( regulated waters )— the waterways described in schedule 1 , part 1 ( Gold Coast waters ); the waterways described in schedule 2 , part 1 ( Sunshine Coast waters ).
(sec.4-ssec.2) This regulation does not apply to a State managed boat harbour under the Transport Infrastructure (Public Marine Facilities) Regulation 2023 .
(a) the waterways described in schedule 1 , part 1 ( Gold Coast waters );
(b) the waterways described in schedule 2 , part 1 ( Sunshine Coast waters ).
sec.5
Watercraft to which regulation does not apply
sec.5 Watercraft to which regulation does not apply
This regulation does not apply to the following watercraft—
a watercraft being used for official duty by the Commonwealth, a State or a local government;
a watercraft owned by the State;
a watercraft being used to carry out approved works.
In this section—
approved works means works, including construction, dredging, installation and maintenance of navigation aids, approved under the Planning Act or Transport Operations (Marine Safety) Act 1994 .
(sec.5-ssec.1) This regulation does not apply to the following watercraft— a watercraft being used for official duty by the Commonwealth, a State or a local government; a watercraft owned by the State; a watercraft being used to carry out approved works.
(sec.5-ssec.2) In this section— approved works means works, including construction, dredging, installation and maintenance of navigation aids, approved under the Planning Act or Transport Operations (Marine Safety) Act 1994 .
(a) a watercraft being used for official duty by the Commonwealth, a State or a local government;
(b) a watercraft owned by the State;
(c) a watercraft being used to carry out approved works.
pt.3
Anchoring, mooring and grounding restrictions
Anchoring, mooring and grounding restrictions
sec.6
Prohibition on anchoring etc. in particular regulated waters
sec.6 Prohibition on anchoring etc. in particular regulated waters
Subsection (2) applies to the regulated waters within 30m of—
an approved structure; or
a watercraft moored to an approved structure.
The owner or operator of a watercraft must not cause or allow the watercraft—
to be anchored or moored in the waters; or
if the watercraft is aground at a place in the waters—to be kept at the place.
Maximum penalty—40 penalty units.
Subsection (4) applies to the Sunshine Coast waters described in schedule 2 , part 2 , division 1 .
The owner or operator of a watercraft must not cause or allow the watercraft—
to be moored in the waters; or
if it is aground at a place in the waters—to be kept at the place.
Maximum penalty—20 penalty units.
Subsection (6) applies to the Sunshine Coast waters described in schedule 2 , part 2 , division 2 .
The owner or operator of a watercraft that is more than 5m must not cause or allow the watercraft—
if it is unoccupied—to be anchored in the waters; or
if it is aground at a place in the waters—to be kept at the place.
Maximum penalty—20 penalty units.
See also sections 14 and 20 for when a person does not contravene this section.
(sec.6-ssec.1) Subsection (2) applies to the regulated waters within 30m of— an approved structure; or a watercraft moored to an approved structure.
(sec.6-ssec.2) The owner or operator of a watercraft must not cause or allow the watercraft— to be anchored or moored in the waters; or if the watercraft is aground at a place in the waters—to be kept at the place. Maximum penalty—40 penalty units.
(sec.6-ssec.3) Subsection (4) applies to the Sunshine Coast waters described in schedule 2 , part 2 , division 1 .
(sec.6-ssec.4) The owner or operator of a watercraft must not cause or allow the watercraft— to be moored in the waters; or if it is aground at a place in the waters—to be kept at the place. Maximum penalty—20 penalty units.
(sec.6-ssec.5) Subsection (6) applies to the Sunshine Coast waters described in schedule 2 , part 2 , division 2 .
(sec.6-ssec.6) The owner or operator of a watercraft that is more than 5m must not cause or allow the watercraft— if it is unoccupied—to be anchored in the waters; or if it is aground at a place in the waters—to be kept at the place. Maximum penalty—20 penalty units. See also sections 14 and 20 for when a person does not contravene this section.
(a) an approved structure; or
(b) a watercraft moored to an approved structure.
(a) to be anchored or moored in the waters; or
(b) if the watercraft is aground at a place in the waters—to be kept at the place.
(a) to be moored in the waters; or
(b) if it is aground at a place in the waters—to be kept at the place.
(a) if it is unoccupied—to be anchored in the waters; or
(b) if it is aground at a place in the waters—to be kept at the place.
sec.7
Particular regulated waters where watercraft not to be anchored etc. for more than 24 hours
sec.7 Particular regulated waters where watercraft not to be anchored etc. for more than 24 hours
This section applies to the Gold Coast waters described in schedule 1 , part 2 , division 1 .
The owner or operator of a watercraft must not cause or allow the watercraft—
to be anchored or moored, whether at 1 or more locations, in the waters for more than 24 consecutive hours in any 30 day period; or
if the watercraft is aground at a place in the waters—to be kept at the place, whether at 1 or more locations, for more than 24 consecutive hours in any 30 day period.
Maximum penalty—20 penalty units.
See also section 20 for when a person does not contravene this section.
(sec.7-ssec.1) This section applies to the Gold Coast waters described in schedule 1 , part 2 , division 1 .
(sec.7-ssec.2) The owner or operator of a watercraft must not cause or allow the watercraft— to be anchored or moored, whether at 1 or more locations, in the waters for more than 24 consecutive hours in any 30 day period; or if the watercraft is aground at a place in the waters—to be kept at the place, whether at 1 or more locations, for more than 24 consecutive hours in any 30 day period. Maximum penalty—20 penalty units. See also section 20 for when a person does not contravene this section.
(a) to be anchored or moored, whether at 1 or more locations, in the waters for more than 24 consecutive hours in any 30 day period; or
(b) if the watercraft is aground at a place in the waters—to be kept at the place, whether at 1 or more locations, for more than 24 consecutive hours in any 30 day period.
sec.8
Particular regulated waters where watercraft not to be anchored etc. for more than 7 days
sec.8 Particular regulated waters where watercraft not to be anchored etc. for more than 7 days
This section applies to the Gold Coast waters described in schedule 1 , part 2 , division 2 ;
The owner or operator of a watercraft must not cause or allow the watercraft—
to be anchored or moored, whether at 1 or more locations, in the waters for more than 7 consecutive days in any 60 day period; or
if the watercraft is aground at a place in the waters—to be kept at the place, whether at 1 or more locations, for more than 7 consecutive days in any 60 day period.
Maximum penalty—20 penalty units.
See also section 20 for when a person does not contravene this section.
(sec.8-ssec.1) This section applies to the Gold Coast waters described in schedule 1 , part 2 , division 2 ;
(sec.8-ssec.2) The owner or operator of a watercraft must not cause or allow the watercraft— to be anchored or moored, whether at 1 or more locations, in the waters for more than 7 consecutive days in any 60 day period; or if the watercraft is aground at a place in the waters—to be kept at the place, whether at 1 or more locations, for more than 7 consecutive days in any 60 day period. Maximum penalty—20 penalty units. See also section 20 for when a person does not contravene this section.
(a) to be anchored or moored, whether at 1 or more locations, in the waters for more than 7 consecutive days in any 60 day period; or
(b) if the watercraft is aground at a place in the waters—to be kept at the place, whether at 1 or more locations, for more than 7 consecutive days in any 60 day period.
sec.9
Particular regulated waters where watercraft must not be anchored etc. for more than 7 days in 1 location
sec.9 Particular regulated waters where watercraft must not be anchored etc. for more than 7 days in 1 location
This section applies to the Gold Coast waters described in schedule 1 , part 2 , division 3 .
The owner or operator of a watercraft must not cause or allow the watercraft—
to be anchored or moored in the waters within 1n mile of the 1 place for more than 7 consecutive days in any 60 day period; or
to be kept aground within 1n mile of the 1 place for more than 7 consecutive days in any 60 day period.
Maximum penalty—20 penalty units.
See also section 20 for when a person does not contravene this section.
(sec.9-ssec.1) This section applies to the Gold Coast waters described in schedule 1 , part 2 , division 3 .
(sec.9-ssec.2) The owner or operator of a watercraft must not cause or allow the watercraft— to be anchored or moored in the waters within 1n mile of the 1 place for more than 7 consecutive days in any 60 day period; or to be kept aground within 1n mile of the 1 place for more than 7 consecutive days in any 60 day period. Maximum penalty—20 penalty units. See also section 20 for when a person does not contravene this section.
(a) to be anchored or moored in the waters within 1n mile of the 1 place for more than 7 consecutive days in any 60 day period; or
(b) to be kept aground within 1n mile of the 1 place for more than 7 consecutive days in any 60 day period.
pt.4
Living on board watercraft
Living on board watercraft
sec.10
Time limit for living on board watercraft in particular regulated waters
sec.10 Time limit for living on board watercraft in particular regulated waters
This section applies to Gold Coast waters.
The owner or operator of a watercraft must not live, or allow anyone else to live, on board the watercraft in the waters, at, or within 3n miles of, the 1 place for more than 7 consecutive days in any 60 day period.
Maximum penalty—20 penalty units.
A person does not contravene subsection (2) if the watercraft is at a marina with toilets and washing facilities.
See also section 20 for when a person does not contravene this section.
(sec.10-ssec.1) This section applies to Gold Coast waters.
(sec.10-ssec.2) The owner or operator of a watercraft must not live, or allow anyone else to live, on board the watercraft in the waters, at, or within 3n miles of, the 1 place for more than 7 consecutive days in any 60 day period. Maximum penalty—20 penalty units.
(sec.10-ssec.3) A person does not contravene subsection (2) if the watercraft is at a marina with toilets and washing facilities. See also section 20 for when a person does not contravene this section.
sec.11
Restrictions on living on board watercraft in particular regulated waters without approval
sec.11 Restrictions on living on board watercraft in particular regulated waters without approval
Subsection (2) applies to the Sunshine Coast waters described in schedule 2 , part 2 , division 3 .
The owner or operator of a watercraft must not live, or allow another person to live, on board the watercraft in the waters, whether temporarily, intermittently or permanently, unless the living on board is in accordance with a living on board approval.
Maximum penalty—20 penalty units.
Subsection (4) applies to Sunshine Coast waters, other than the waters mentioned in subsection (1) .
The owner or operator of a relevant watercraft must not cause or allow the watercraft to remain in the waters for more than 48 hours unless the living on board is in accordance with a living on board approval.
Maximum penalty—20 penalty units.
In this section—
relevant watercraft means a watercraft, other than a commercial houseboat, being used for living on board whether temporarily, intermittently or permanently.
However, see section 12 (Living on board approval) and also section 20 for when a person does not contravene this section.
(sec.11-ssec.1) Subsection (2) applies to the Sunshine Coast waters described in schedule 2 , part 2 , division 3 .
(sec.11-ssec.2) The owner or operator of a watercraft must not live, or allow another person to live, on board the watercraft in the waters, whether temporarily, intermittently or permanently, unless the living on board is in accordance with a living on board approval. Maximum penalty—20 penalty units.
(sec.11-ssec.3) Subsection (4) applies to Sunshine Coast waters, other than the waters mentioned in subsection (1) .
(sec.11-ssec.4) The owner or operator of a relevant watercraft must not cause or allow the watercraft to remain in the waters for more than 48 hours unless the living on board is in accordance with a living on board approval. Maximum penalty—20 penalty units.
(sec.11-ssec.5) In this section— relevant watercraft means a watercraft, other than a commercial houseboat, being used for living on board whether temporarily, intermittently or permanently. However, see section 12 (Living on board approval) and also section 20 for when a person does not contravene this section.
sec.12
Living on board approval—regulated waters mentioned in s 11
sec.12 Living on board approval—regulated waters mentioned in s 11
The owner or operator of a watercraft may apply to the chief executive for an approval (a living on board approval ) authorising the owner, operator or another stated person to live on board the watercraft and remain in the waters.
The procedure for obtaining the approval is in part 7 (Approvals).
sec.13
Watercraft used for living on board in particular regulated waters to have waste holding system
sec.13 Watercraft used for living on board in particular regulated waters to have waste holding system
This section applies—
if a watercraft is being used for living on board, whether temporarily, intermittently or permanently, in Sunshine Coast waters; and
whether or not the watercraft is occupied.
The owner and the operator of the watercraft must ensure that the watercraft has a waste holding system while the watercraft is in the waters.
Maximum penalty—20 penalty units.
The operator of the watercraft must ensure that none of the contents of the waste holding system is discharged into the waters.
Maximum penalty—20 penalty units.
The operator of the watercraft must ensure that a fixed or mobile pump-out facility is used to empty the contents of the waste holding system while the watercraft is in the waters.
Maximum penalty—20 penalty units.
The owner or operator of the watercraft must keep a written record of all of the following for each discharge of the waste holding system while the water craft is in the waters—
the date when, and the place where, the contents of the system were discharged; and
the quantity of the contents discharged.
Maximum penalty—20 penalty units.
In this section—
waste holding system , for a watercraft, means a waste holding tank connected to each source of sewerage or waste water on the watercraft.
See also section 20 for when a person does not contravene subsections (2) , (4) or (5) .
(sec.13-ssec.1) This section applies— if a watercraft is being used for living on board, whether temporarily, intermittently or permanently, in Sunshine Coast waters; and whether or not the watercraft is occupied.
(sec.13-ssec.2) The owner and the operator of the watercraft must ensure that the watercraft has a waste holding system while the watercraft is in the waters. Maximum penalty—20 penalty units.
(sec.13-ssec.3) The operator of the watercraft must ensure that none of the contents of the waste holding system is discharged into the waters. Maximum penalty—20 penalty units.
(sec.13-ssec.4) The operator of the watercraft must ensure that a fixed or mobile pump-out facility is used to empty the contents of the waste holding system while the watercraft is in the waters. Maximum penalty—20 penalty units.
(sec.13-ssec.5) The owner or operator of the watercraft must keep a written record of all of the following for each discharge of the waste holding system while the water craft is in the waters— the date when, and the place where, the contents of the system were discharged; and the quantity of the contents discharged. Maximum penalty—20 penalty units.
(sec.13-ssec.6) In this section— waste holding system , for a watercraft, means a waste holding tank connected to each source of sewerage or waste water on the watercraft. See also section 20 for when a person does not contravene subsections (2) , (4) or (5) .
(a) if a watercraft is being used for living on board, whether temporarily, intermittently or permanently, in Sunshine Coast waters; and
(b) whether or not the watercraft is occupied.
(a) the date when, and the place where, the contents of the system were discharged; and
(b) the quantity of the contents discharged.
pt.5
Managing on-water activities
Managing on-water activities
sec.14
Prohibition on using particular regulated waters for construction etc. without approval
sec.14 Prohibition on using particular regulated waters for construction etc. without approval
A person must not cause or allow a watercraft to anchor or moor in or otherwise use Sunshine Coast waters if the watercraft—
is under construction; or
is undergoing reconstruction; or
is being refitted; or
is undergoing structural repair.
Maximum penalty—20 penalty units.
A person does not contravene subsection (1) or section 6 if the construction, reconstruction, refitting or structural repair is carried out—
in accordance with a watercraft works approval; or
at a commercial facility for building or repairing watercraft.
(sec.14-ssec.1) A person must not cause or allow a watercraft to anchor or moor in or otherwise use Sunshine Coast waters if the watercraft— is under construction; or is undergoing reconstruction; or is being refitted; or is undergoing structural repair. Maximum penalty—20 penalty units.
(sec.14-ssec.2) A person does not contravene subsection (1) or section 6 if the construction, reconstruction, refitting or structural repair is carried out— in accordance with a watercraft works approval; or at a commercial facility for building or repairing watercraft.
(a) is under construction; or
(b) is undergoing reconstruction; or
(c) is being refitted; or
(d) is undergoing structural repair.
(a) in accordance with a watercraft works approval; or
(b) at a commercial facility for building or repairing watercraft.
sec.15
Watercraft works approval
sec.15 Watercraft works approval
A person may apply to the chief executive for an approval (a watercraft works approval ) to construct, reconstruct, refit or make structural repairs to a watercraft in the Sunshine Coast waters.
The procedure for obtaining the approval is in part 7 (Approvals).
sec.16
Prohibition on take off from or landing on regulated waters without approval
sec.16 Prohibition on take off from or landing on regulated waters without approval
The pilot of an aircraft engaged in a commercial activity must not take off from regulated waters unless the take off is authorised under a take off and landing approval.
Maximum penalty—40 penalty units.
The pilot of an aircraft engaged in a commercial activity must not land on regulated waters unless the landing is authorised under a take off and landing approval.
Maximum penalty—40 penalty units.
s 16 amd 2015 SL No. 160 s 14
(sec.16-ssec.1) The pilot of an aircraft engaged in a commercial activity must not take off from regulated waters unless the take off is authorised under a take off and landing approval. Maximum penalty—40 penalty units.
(sec.16-ssec.2) The pilot of an aircraft engaged in a commercial activity must not land on regulated waters unless the landing is authorised under a take off and landing approval. Maximum penalty—40 penalty units.
sec.17
Take off and landing approval
sec.17 Take off and landing approval
A person may apply to an administering agency for approval for a stated aircraft that will be engaged in a commercial activity to take off from a stated area, or land in a stated area, in regulated waters (a take off and landing approval ).
The procedure for obtaining the approval is in part 7 (Approvals).
s 17 amd 2015 SL No. 160 s 15
sec.18
Prohibition on water-skiing in particular regulated waters
sec.18 Prohibition on water-skiing in particular regulated waters
A person must not waterski in the Gold Coast waters described in schedule 1 , part 2 , division 4 .
Maximum penalty—40 penalty units.
sec.19
Prohibition on freestyling, surfing and wave jumping in particular regulated waters
sec.19 Prohibition on freestyling, surfing and wave jumping in particular regulated waters
A person must not use a watercraft to freestyle, surf or wave jump in the following regulated waters—
the Gold Coast waters described in schedule 1 , part 2 , division 5 ;
the Sunshine Coast waters described in schedule 2 , part 2 , division 4 .
Maximum penalty—40 penalty units.
A person must not use a watercraft to freestyle, surf or wave jump in regulated waters that are—
within 30m of another watercraft; or
within 60m of a person in the water.
Maximum penalty—40 penalty units.
(sec.19-ssec.1) A person must not use a watercraft to freestyle, surf or wave jump in the following regulated waters— the Gold Coast waters described in schedule 1 , part 2 , division 5 ; the Sunshine Coast waters described in schedule 2 , part 2 , division 4 . Maximum penalty—40 penalty units.
(sec.19-ssec.2) A person must not use a watercraft to freestyle, surf or wave jump in regulated waters that are— within 30m of another watercraft; or within 60m of a person in the water. Maximum penalty—40 penalty units.
(a) the Gold Coast waters described in schedule 1 , part 2 , division 5 ;
(b) the Sunshine Coast waters described in schedule 2 , part 2 , division 4 .
(a) within 30m of another watercraft; or
(b) within 60m of a person in the water.
pt.6
Exemptions
Exemptions
sec.20
Exemption for marine safety
sec.20 Exemption for marine safety
A person does not contravene an exemption provision if a watercraft owned or operated by the person has entered regulated waters, in relation to which the provision applies, from seaward while on a genuine voyage along the coast or an international voyage if—
entry was made for the purpose of—
taking shelter from adverse weather; or
making urgent repairs; and
if a person is living on board the watercraft—the living on board is for no more than 10 consecutive days.
In this section—
exemption provision means a provision of part 3 or section 10 (2) , 11 (2) or (4) , 13 (2) , (4) or (5) or 14 .
(sec.20-ssec.1) A person does not contravene an exemption provision if a watercraft owned or operated by the person has entered regulated waters, in relation to which the provision applies, from seaward while on a genuine voyage along the coast or an international voyage if— entry was made for the purpose of— taking shelter from adverse weather; or making urgent repairs; and if a person is living on board the watercraft—the living on board is for no more than 10 consecutive days.
(sec.20-ssec.2) In this section— exemption provision means a provision of part 3 or section 10 (2) , 11 (2) or (4) , 13 (2) , (4) or (5) or 14 .
(a) entry was made for the purpose of— (i) taking shelter from adverse weather; or (ii) making urgent repairs; and
(i) taking shelter from adverse weather; or
(ii) making urgent repairs; and
(b) if a person is living on board the watercraft—the living on board is for no more than 10 consecutive days.
(i) taking shelter from adverse weather; or
(ii) making urgent repairs; and
pt.7
Approvals
Approvals
sec.21
Administering agency may issue
sec.21 Administering agency may issue
An administering agency may issue an approval for an activity for regulated waters.
An application for an approval must be—
in the approved form; and
supported by enough information to enable the administering agency to decide the application; and
for a take off and landing approval—accompanied by the application fee for the approval.
(sec.21-ssec.1) An administering agency may issue an approval for an activity for regulated waters.
(sec.21-ssec.2) An application for an approval must be— in the approved form; and supported by enough information to enable the administering agency to decide the application; and for a take off and landing approval—accompanied by the application fee for the approval.
(a) in the approved form; and
(b) supported by enough information to enable the administering agency to decide the application; and
(c) for a take off and landing approval—accompanied by the application fee for the approval.
sec.22
Granting or refusing application
sec.22 Granting or refusing application
The administering agency for regulated waters must consider an application for an approval and either—
grant the application, with or without conditions; or
refuse to grant the application.
In deciding the application the administering agency must consider—
whether the proposed location is appropriate for the activity; and
for a take off and landing approval—the applicant’s proposed safety procedures; and
existing use of the regulated waters in the location and residential, recreational and commercial areas adjacent to the location; and
the interests of other users of the waters; and
noise, amenity and characteristics of the waters; and
the applicant’s ability to comply with the requirements of the applicant under a relevant law; and
for a living on board approval or watercraft works approval—the proximity or availability of more appropriate commercial facilities to moor or store the watercraft or undertake watercraft maintenance; and
whether the applicant has paid the application fee.
If the administering agency decides to grant the application on conditions, the administering agency must give the applicant written notice of the conditions and the reasons for the conditions.
If the administering agency decides to refuse to grant the application, the administering agency must give the applicant written notice of the refusal and the reasons for the refusal.
If the approval is subject to conditions, the approval holder must comply with the conditions, unless the holder has a reasonable excuse.
Maximum penalty—40 penalty units.
A notice under subsection (3) or (4) must also state the prescribed review information for the decision.
An approval is for the period stated in the approval.
The approval must be kept on the aircraft, or watercraft, to which the approval relates.
In this section—
relevant law means—
the domestic commercial vessel national law; and
the Transport Operations (Marine Pollution) Act 1995 ; and
the Transport Operations (Marine Safety) Act 1994 .
s 22 amd 2016 SL No. 154 s 253 sch 10
(sec.22-ssec.1) The administering agency for regulated waters must consider an application for an approval and either— grant the application, with or without conditions; or refuse to grant the application.
(sec.22-ssec.2) In deciding the application the administering agency must consider— whether the proposed location is appropriate for the activity; and for a take off and landing approval—the applicant’s proposed safety procedures; and existing use of the regulated waters in the location and residential, recreational and commercial areas adjacent to the location; and the interests of other users of the waters; and noise, amenity and characteristics of the waters; and the applicant’s ability to comply with the requirements of the applicant under a relevant law; and for a living on board approval or watercraft works approval—the proximity or availability of more appropriate commercial facilities to moor or store the watercraft or undertake watercraft maintenance; and whether the applicant has paid the application fee.
(sec.22-ssec.3) If the administering agency decides to grant the application on conditions, the administering agency must give the applicant written notice of the conditions and the reasons for the conditions.
(sec.22-ssec.4) If the administering agency decides to refuse to grant the application, the administering agency must give the applicant written notice of the refusal and the reasons for the refusal.
(sec.22-ssec.5) If the approval is subject to conditions, the approval holder must comply with the conditions, unless the holder has a reasonable excuse. Maximum penalty—40 penalty units.
(sec.22-ssec.6) A notice under subsection (3) or (4) must also state the prescribed review information for the decision.
(sec.22-ssec.7) An approval is for the period stated in the approval.
(sec.22-ssec.8) The approval must be kept on the aircraft, or watercraft, to which the approval relates.
(sec.22-ssec.9) In this section— relevant law means— the domestic commercial vessel national law; and the Transport Operations (Marine Pollution) Act 1995 ; and the Transport Operations (Marine Safety) Act 1994 .
(a) grant the application, with or without conditions; or
(b) refuse to grant the application.
(a) whether the proposed location is appropriate for the activity; and
(b) for a take off and landing approval—the applicant’s proposed safety procedures; and
(c) existing use of the regulated waters in the location and residential, recreational and commercial areas adjacent to the location; and
(d) the interests of other users of the waters; and
(e) noise, amenity and characteristics of the waters; and
(f) the applicant’s ability to comply with the requirements of the applicant under a relevant law; and
(g) for a living on board approval or watercraft works approval—the proximity or availability of more appropriate commercial facilities to moor or store the watercraft or undertake watercraft maintenance; and
(h) whether the applicant has paid the application fee.
(a) the domestic commercial vessel national law; and
(b) the Transport Operations (Marine Pollution) Act 1995 ; and
(c) the Transport Operations (Marine Safety) Act 1994 .
sec.23
Renewal
sec.23 Renewal
An approval holder for an approval may apply to the administering agency for regulated waters for the approval for the renewal of the approval.
The application must be—
made in the approved form; and
supported by enough information to enable the administering agency to decide the application; and
for a take off and landing approval—accompanied by the application fee for the renewal.
Section 22 applies to an application for renewal of an approval in the same way it applies to an application for an approval.
Without limiting subsection (3) , the administering agency may refuse to renew the approval if—
the approval was issued or renewed because of information that is false or misleading; or
it is necessary for public safety.
s 23 amd 2017 SL No. 70 s 18
(sec.23-ssec.1) An approval holder for an approval may apply to the administering agency for regulated waters for the approval for the renewal of the approval.
(sec.23-ssec.2) The application must be— made in the approved form; and supported by enough information to enable the administering agency to decide the application; and for a take off and landing approval—accompanied by the application fee for the renewal.
(sec.23-ssec.3) Section 22 applies to an application for renewal of an approval in the same way it applies to an application for an approval.
(sec.23-ssec.4) Without limiting subsection (3) , the administering agency may refuse to renew the approval if— the approval was issued or renewed because of information that is false or misleading; or it is necessary for public safety.
(a) made in the approved form; and
(b) supported by enough information to enable the administering agency to decide the application; and
(c) for a take off and landing approval—accompanied by the application fee for the renewal.
(a) the approval was issued or renewed because of information that is false or misleading; or
(b) it is necessary for public safety.
sec.24
Amending, suspending, or cancelling
sec.24 Amending, suspending, or cancelling
The administering agency for regulated waters may amend, suspend, or cancel an approval holder’s approval on any of the following grounds—
the approval was issued or renewed because of information that is false or misleading;
it is necessary for public safety;
the effective management of a waterway;
the person contravenes a relevant law, including a condition of the approval.
In this section—
relevant law means any of the following—
the Act , chapter 15 , part 2 ;
the domestic commercial vessel national law;
the Transport Operations (Marine Pollution) Act 1995 ;
the Transport Operations (Marine Safety) Act 1994 .
s 24 amd 2016 SL No. 154 s 253 sch 10
(sec.24-ssec.1) The administering agency for regulated waters may amend, suspend, or cancel an approval holder’s approval on any of the following grounds— the approval was issued or renewed because of information that is false or misleading; it is necessary for public safety; the effective management of a waterway; the person contravenes a relevant law, including a condition of the approval.
(sec.24-ssec.2) In this section— relevant law means any of the following— the Act , chapter 15 , part 2 ; the domestic commercial vessel national law; the Transport Operations (Marine Pollution) Act 1995 ; the Transport Operations (Marine Safety) Act 1994 .
(a) the approval was issued or renewed because of information that is false or misleading;
(b) it is necessary for public safety;
(c) the effective management of a waterway;
(d) the person contravenes a relevant law, including a condition of the approval.
(a) the Act , chapter 15 , part 2 ;
(b) the domestic commercial vessel national law;
(c) the Transport Operations (Marine Pollution) Act 1995 ;
(d) the Transport Operations (Marine Safety) Act 1994 .
sec.25
Procedure for amending, suspending or cancelling
sec.25 Procedure for amending, suspending or cancelling
This section applies if the administering agency for regulated waters considers there is a ground to amend, suspend or cancel an approval holder’s approval (the proposed action ).
Before taking the proposed action, the administering agency must give the approval holder a written notice stating—
the proposed action; and
the grounds for the proposed action; and
an outline of the facts and circumstances forming the basis for the grounds; and
if the proposed action is suspension of the approval—the proposed suspension period; and
an invitation to the approval holder to show, within a stated time, of at least 14 days after the notice is given, why the proposed action should not be taken.
If, after considering all written representations made within the stated time, the administering agency still considers a ground to take the proposed action exists, the administering agency may—
if the proposed action was to amend the approval—amend the approval; or
if the proposed action was to suspend the approval—suspend the approval for no longer than the period stated in the notice; or
if the proposed action was to cancel the approval—amend the approval, suspend it for a period or cancel it.
The administering agency must inform the approval holder of the decision by giving the approval holder written notice.
If the administering agency decides to amend, suspend or cancel the approval, the notice must state—
the reasons for the decision; and
the prescribed review information for the decision.
The decision takes effect on the later of the following—
the day the notice is given to the approval holder; or
the day of effect stated in the notice.
However, if the approval is suspended or cancelled because of the conviction of a person for an offence—
the suspension or cancellation does not take effect until—
the end of the time to appeal against the conviction; and
if an appeal is made against the conviction—the appeal is finally decided; and
the suspension or cancellation has no effect if the conviction is quashed on appeal.
(sec.25-ssec.1) This section applies if the administering agency for regulated waters considers there is a ground to amend, suspend or cancel an approval holder’s approval (the proposed action ).
(sec.25-ssec.2) Before taking the proposed action, the administering agency must give the approval holder a written notice stating— the proposed action; and the grounds for the proposed action; and an outline of the facts and circumstances forming the basis for the grounds; and if the proposed action is suspension of the approval—the proposed suspension period; and an invitation to the approval holder to show, within a stated time, of at least 14 days after the notice is given, why the proposed action should not be taken.
(sec.25-ssec.3) If, after considering all written representations made within the stated time, the administering agency still considers a ground to take the proposed action exists, the administering agency may— if the proposed action was to amend the approval—amend the approval; or if the proposed action was to suspend the approval—suspend the approval for no longer than the period stated in the notice; or if the proposed action was to cancel the approval—amend the approval, suspend it for a period or cancel it.
(sec.25-ssec.4) The administering agency must inform the approval holder of the decision by giving the approval holder written notice.
(sec.25-ssec.5) If the administering agency decides to amend, suspend or cancel the approval, the notice must state— the reasons for the decision; and the prescribed review information for the decision.
(sec.25-ssec.6) The decision takes effect on the later of the following— the day the notice is given to the approval holder; or the day of effect stated in the notice.
(sec.25-ssec.7) However, if the approval is suspended or cancelled because of the conviction of a person for an offence— the suspension or cancellation does not take effect until— the end of the time to appeal against the conviction; and if an appeal is made against the conviction—the appeal is finally decided; and the suspension or cancellation has no effect if the conviction is quashed on appeal.
(a) the proposed action; and
(b) the grounds for the proposed action; and
(c) an outline of the facts and circumstances forming the basis for the grounds; and
(d) if the proposed action is suspension of the approval—the proposed suspension period; and
(e) an invitation to the approval holder to show, within a stated time, of at least 14 days after the notice is given, why the proposed action should not be taken.
(a) if the proposed action was to amend the approval—amend the approval; or
(b) if the proposed action was to suspend the approval—suspend the approval for no longer than the period stated in the notice; or
(c) if the proposed action was to cancel the approval—amend the approval, suspend it for a period or cancel it.
(a) the reasons for the decision; and
(b) the prescribed review information for the decision.
(a) the day the notice is given to the approval holder; or
(b) the day of effect stated in the notice.
(a) the suspension or cancellation does not take effect until— (i) the end of the time to appeal against the conviction; and (ii) if an appeal is made against the conviction—the appeal is finally decided; and
(i) the end of the time to appeal against the conviction; and
(ii) if an appeal is made against the conviction—the appeal is finally decided; and
(b) the suspension or cancellation has no effect if the conviction is quashed on appeal.
(i) the end of the time to appeal against the conviction; and
(ii) if an appeal is made against the conviction—the appeal is finally decided; and
sec.26
Procedure for urgent suspension
sec.26 Procedure for urgent suspension
Despite section 25 (1) to (6) , if the administering agency that issued or renewed an approval considers it is necessary for public safety, or for the efficiency of a waterway, the administering agency may, by written notice given to the approval holder for the approval, decide to immediately suspend the approval until the earlier of the following—
the administering agency informs the approval holder of the administering agency’s decision under section 25 ;
the end of 56 days after the notice is given to the approval holder.
The notice must state—
the reasons for the decision; and
the prescribed review information for the decision.
(sec.26-ssec.1) Despite section 25 (1) to (6) , if the administering agency that issued or renewed an approval considers it is necessary for public safety, or for the efficiency of a waterway, the administering agency may, by written notice given to the approval holder for the approval, decide to immediately suspend the approval until the earlier of the following— the administering agency informs the approval holder of the administering agency’s decision under section 25 ; the end of 56 days after the notice is given to the approval holder.
(sec.26-ssec.2) The notice must state— the reasons for the decision; and the prescribed review information for the decision.
(a) the administering agency informs the approval holder of the administering agency’s decision under section 25 ;
(b) the end of 56 days after the notice is given to the approval holder.
(a) the reasons for the decision; and
(b) the prescribed review information for the decision.
sec.27
Effect of suspension on renewal
sec.27 Effect of suspension on renewal
An approval that is suspended may be renewed.
However, the suspension continues until the end of the suspension period.
(sec.27-ssec.1) An approval that is suspended may be renewed.
(sec.27-ssec.2) However, the suspension continues until the end of the suspension period.
sec.28
Approval to be returned after suspension or cancellation
sec.28 Approval to be returned after suspension or cancellation
A person whose approval is suspended or cancelled must return the issued or renewed approval to the administering agency within 7 days after the suspension or cancellation takes effect, unless the person has a reasonable excuse.
Maximum penalty—20 penalty units.
If an issued approval is returned to the administering agency because of a suspension of the approval, the administering agency must return it to the approval holder at the end of the period of suspension.
In this section—
administering agency , for an approval, means the administering agency that issued the approval.
(sec.28-ssec.1) A person whose approval is suspended or cancelled must return the issued or renewed approval to the administering agency within 7 days after the suspension or cancellation takes effect, unless the person has a reasonable excuse. Maximum penalty—20 penalty units.
(sec.28-ssec.2) If an issued approval is returned to the administering agency because of a suspension of the approval, the administering agency must return it to the approval holder at the end of the period of suspension.
(sec.28-ssec.3) In this section— administering agency , for an approval, means the administering agency that issued the approval.
sec.29
Application of Act, ss 485 and 485A for review of decisions of chief executive
sec.29 Application of Act, ss 485 and 485A for review of decisions of chief executive
Sections 485 and 485A of the Act apply to a decision made by the chief executive as if—
the decision were a decision mentioned in schedule 3 of the Act ; and
QCAT were stated opposite the decision in that schedule.
In this section—
decision , made by the chief executive, means—
a decision to grant an approval on conditions;
a decision to refuse an application for an approval;
a decision to amend, suspend or cancel an approval.
(sec.29-ssec.1) Sections 485 and 485A of the Act apply to a decision made by the chief executive as if— the decision were a decision mentioned in schedule 3 of the Act ; and QCAT were stated opposite the decision in that schedule.
(sec.29-ssec.2) In this section— decision , made by the chief executive, means— a decision to grant an approval on conditions; a decision to refuse an application for an approval; a decision to amend, suspend or cancel an approval.
(a) the decision were a decision mentioned in schedule 3 of the Act ; and
(b) QCAT were stated opposite the decision in that schedule.
(a) a decision to grant an approval on conditions;
(b) a decision to refuse an application for an approval;
(c) a decision to amend, suspend or cancel an approval.
sec.30
Gold Coast Waterways Authority Act 2012 , ss 36 and 37 apply for review of decisions made by Authority
sec.30 Gold Coast Waterways Authority Act 2012 , ss 36 and 37 apply for review of decisions made by Authority
The Gold Coast Waterways Authority Act 2012 , sections 36 and 37 apply to the following decisions made by the Authority—
a decision to grant an approval on conditions;
a decision to refuse an application for an approval;
a decision to amend, suspend or cancel an approval.
(a) a decision to grant an approval on conditions;
(b) a decision to refuse an application for an approval;
(c) a decision to amend, suspend or cancel an approval.
pt.8
Fees
Fees
sec.31
Fees
sec.31 Fees
The fees payable under this regulation are stated in schedule 3 .
sec.31A
Rounding of amounts expressed as numbers of fee units
sec.31A Rounding of amounts expressed as numbers of fee units
This section applies for working out the amount of a fee expressed in this regulation as a number of fee units.
For the purposes of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded to the nearest multiple of 5 cents (rounding one-half upwards).
If a fee were 35 fee units and the value of a fee unit were $1.015, the number of dollars obtained by multiplying 35 by $1.015 would be $35.525. Because $35.525 is halfway between $35.50 and $35.55, it is rounded upwards, so the amount of the fee would be $35.55.
s 31A ins 2022 SL No. 56 s 20
(sec.31A-ssec.1) This section applies for working out the amount of a fee expressed in this regulation as a number of fee units.
(sec.31A-ssec.2) For the purposes of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded to the nearest multiple of 5 cents (rounding one-half upwards). If a fee were 35 fee units and the value of a fee unit were $1.015, the number of dollars obtained by multiplying 35 by $1.015 would be $35.525. Because $35.525 is halfway between $35.50 and $35.55, it is rounded upwards, so the amount of the fee would be $35.55.
pt.9
Repeals and transitional provisions
Repeals and transitional provisions
pt.9-div.1
Repeals
Repeals
sec.32
Repeals
sec.32 Repeals
The following waterway transport management plans are repealed—
the Transport Infrastructure (Gold Coast Waterways) Management Plan 2000 , SL No. 341
the Transport Infrastructure (Sunshine Coast Waterways) Management Plan 2000 , SL No. 342.
• the Transport Infrastructure (Gold Coast Waterways) Management Plan 2000 , SL No. 341
• the Transport Infrastructure (Sunshine Coast Waterways) Management Plan 2000 , SL No. 342.
pt.9-div.2
Transitional provisions
Transitional provisions
sec.33
Definitions for div 2
sec.33 Definitions for div 2
In this division—
commencement means the commencement of this section.
former provision , for a repealed plan, means—
if the decision is made under the repealed Transport Infrastructure (Gold Coast Waterways) Management Plan 2000 —section 22 of the repealed plan; or
if the decision is made under the repealed Transport Infrastructure (Sunshine Coast Waterways) Management Plan 2000 —section 27 of the repealed plan.
repealed plan means a waterway transport management plan repealed by section 32.
(a) if the decision is made under the repealed Transport Infrastructure (Gold Coast Waterways) Management Plan 2000 —section 22 of the repealed plan; or
(b) if the decision is made under the repealed Transport Infrastructure (Sunshine Coast Waterways) Management Plan 2000 —section 27 of the repealed plan.
sec.34
Approvals granted under repealed plan
sec.34 Approvals granted under repealed plan
This section applies to an approval for an activity (the pre-commencement approval ) in force, immediately before the commencement, under the repealed plan.
The pre-commencement approval is taken to be an approval (the deemed approval ), for the activity, issued—
under this regulation; and
for the period ending on the earlier of the following—
the end of the period stated in the pre-commencement approval; or
if an approval for the activity is issued under this regulation before the end of the period mentioned in subparagraph (i)—the day the approval is issued.
Also, if the pre-commencement approval was subject to a condition under a repealed plan, the deemed approval is taken to be subject to the condition.
(sec.34-ssec.1) This section applies to an approval for an activity (the pre-commencement approval ) in force, immediately before the commencement, under the repealed plan.
(sec.34-ssec.2) The pre-commencement approval is taken to be an approval (the deemed approval ), for the activity, issued— under this regulation; and for the period ending on the earlier of the following— the end of the period stated in the pre-commencement approval; or if an approval for the activity is issued under this regulation before the end of the period mentioned in subparagraph (i)—the day the approval is issued.
(sec.34-ssec.3) Also, if the pre-commencement approval was subject to a condition under a repealed plan, the deemed approval is taken to be subject to the condition.
(a) under this regulation; and
(b) for the period ending on the earlier of the following— (i) the end of the period stated in the pre-commencement approval; or (ii) if an approval for the activity is issued under this regulation before the end of the period mentioned in subparagraph (i)—the day the approval is issued.
(i) the end of the period stated in the pre-commencement approval; or
(ii) if an approval for the activity is issued under this regulation before the end of the period mentioned in subparagraph (i)—the day the approval is issued.
(i) the end of the period stated in the pre-commencement approval; or
(ii) if an approval for the activity is issued under this regulation before the end of the period mentioned in subparagraph (i)—the day the approval is issued.
sec.35
Application for approvals made before commencement
sec.35 Application for approvals made before commencement
This section applies to an application for an approval for an activity made but not decided, before the commencement, under a repealed plan.
For dealing with and deciding the application, the repealed plan continues to apply as if this regulation had not commenced.
However, the decision on the application is taken to be a decision on an application for an approval for the activity under this regulation.
(sec.35-ssec.1) This section applies to an application for an approval for an activity made but not decided, before the commencement, under a repealed plan.
(sec.35-ssec.2) For dealing with and deciding the application, the repealed plan continues to apply as if this regulation had not commenced.
(sec.35-ssec.3) However, the decision on the application is taken to be a decision on an application for an approval for the activity under this regulation.
sec.36
Internal review of decisions
sec.36 Internal review of decisions
An application for an internal review of a decision, requested under section 485 of the Act as applied by a former provision of a repealed plan, that is not dealt with before the commencement is taken to be an application for an internal review of a decision requested under section 485 of the Act as applied by section 29 (1).
sec.37
External review of decisions
sec.37 External review of decisions
An information notice given to an applicant under section 485A(2) of the Act as applied by a former provision of a repealed plan is taken to be an information notice given to the applicant under section 485A of the Act as applied by section 29(1).
An application for an external review of a decision under section 485A(3) of the Act as applied by a former provision of a repealed plan that is not dealt with before the commencement is taken to be an application for an external review of a decision under section 485A of the Act as applied by section 29(1).
(sec.37-ssec.1) An information notice given to an applicant under section 485A(2) of the Act as applied by a former provision of a repealed plan is taken to be an information notice given to the applicant under section 485A of the Act as applied by section 29(1).
(sec.37-ssec.2) An application for an external review of a decision under section 485A(3) of the Act as applied by a former provision of a repealed plan that is not dealt with before the commencement is taken to be an application for an external review of a decision under section 485A of the Act as applied by section 29(1).
sec.38
References to repealed plan
sec.38 References to repealed plan
In a document a reference to a repealed plan may, if the context permits, be taken to be a reference to this regulation.
Subsection (1) does not limit the application of the Acts Interpretation Act 1954 , section 14H.
(sec.38-ssec.1) In a document a reference to a repealed plan may, if the context permits, be taken to be a reference to this regulation.
(sec.38-ssec.2) Subsection (1) does not limit the application of the Acts Interpretation Act 1954 , section 14H.
sch.1-pt.1
Regulated waters
Regulated waters
sch.1-pt.2
Restrictions on use
Restrictions on use
sch.1-pt.2-div.1
Waters where watercraft not to be anchored, moored or kept for more than 24 hours
Waters where watercraft not to be anchored, moored or kept for more than 24 hours
sch.1-pt.2-div.2
Waters where watercraft not to be anchored, moored or kept for more than 7 days
Waters where watercraft not to be anchored, moored or kept for more than 7 days
sch.1-pt.2-div.3
Waters where watercraft must not be anchored or moored for more than 7 days in 1 locality
Waters where watercraft must not be anchored or moored for more than 7 days in 1 locality
sch.1-pt.2-div.4
Waters where waterskiing prohibited
Waters where waterskiing prohibited
sch.1-pt.2-div.5
Waters where freestyling, surfing and wave jumping prohibited
Waters where freestyling, surfing and wave jumping prohibited
sch.2-pt.1
Regulated waters
Regulated waters
sch.2-pt.2
Restrictions on use
Restrictions on use
sch.2-pt.2-div.1
Waters where watercraft not to be anchored, moored or kept aground
Waters where watercraft not to be anchored, moored or kept aground
sch.2-pt.2-div.2
Waters where watercraft not to be anchored etc. if unoccupied
Waters where watercraft not to be anchored etc. if unoccupied
sch.2-pt.2-div.3
Waters where living on watercraft prohibited
Waters where living on watercraft prohibited
sch.2-pt.2-div.4
Waters where freestyling, surfing and wave jumping prohibited
Waters where freestyling, surfing and wave jumping prohibited
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 regulation may be cited as the Transport Infrastructure (Waterways Management) Regulation 2012 .
sec.2 Definitions
sec.2 Definitions
The dictionary in schedule 4 defines particular words used in this regulation.
sec.3 Measurement of position
sec.3 Measurement of position
In this regulation, position is defined by reference to GDA2020.
In this section—
GDA2020 means the Reference Frame under the National Measurement (Recognized-Value Standard of Measurement of Position) Determination 2017 (Cwlth) as in force on 1 July 2020.
s 3 sub 2020 SL No. 94 s 32
(sec.3-ssec.1) In this regulation, position is defined by reference to GDA2020.
(sec.3-ssec.2) In this section— GDA2020 means the Reference Frame under the National Measurement (Recognized-Value Standard of Measurement of Position) Determination 2017 (Cwlth) as in force on 1 July 2020.
pt.2 Application
Application
sec.4 Waterways and associated infrastructure
sec.4 Waterways and associated infrastructure
Subject to subsection (2) , this regulation applies to the following Queensland waters ( regulated waters )—
the waterways described in schedule 1 , part 1 ( Gold Coast waters );
the waterways described in schedule 2 , part 1 ( Sunshine Coast waters ).
This regulation does not apply to a State managed boat harbour under the Transport Infrastructure (Public Marine Facilities) Regulation 2023 .
s 4 amd 2023 SL No. 110 s 125
(sec.4-ssec.1) Subject to subsection (2) , this regulation applies to the following Queensland waters ( regulated waters )— the waterways described in schedule 1 , part 1 ( Gold Coast waters ); the waterways described in schedule 2 , part 1 ( Sunshine Coast waters ).
(sec.4-ssec.2) This regulation does not apply to a State managed boat harbour under the Transport Infrastructure (Public Marine Facilities) Regulation 2023 .
(a) the waterways described in schedule 1 , part 1 ( Gold Coast waters );
(b) the waterways described in schedule 2 , part 1 ( Sunshine Coast waters ).
sec.5 Watercraft to which regulation does not apply
sec.5 Watercraft to which regulation does not apply
This regulation does not apply to the following watercraft—
a watercraft being used for official duty by the Commonwealth, a State or a local government;
a watercraft owned by the State;
a watercraft being used to carry out approved works.
In this section—
approved works means works, including construction, dredging, installation and maintenance of navigation aids, approved under the Planning Act or Transport Operations (Marine Safety) Act 1994 .
(sec.5-ssec.1) This regulation does not apply to the following watercraft— a watercraft being used for official duty by the Commonwealth, a State or a local government; a watercraft owned by the State; a watercraft being used to carry out approved works.
(sec.5-ssec.2) In this section— approved works means works, including construction, dredging, installation and maintenance of navigation aids, approved under the Planning Act or Transport Operations (Marine Safety) Act 1994 .
Position references in the regulation are defined by GDA2020 (the Reference Frame under the National Measurement (Recognised-Value Standard of Measurement of Position) Determination 2017 (Cth) as in force 1 July 2020), per section 3, which was substituted by 2020 SL No 94 s 32. This matters practically: coordinates in the schedules must be read against that geodetic datum, not the older GDA94.
Main concepts
Regulated waters are the specific Queensland waters listed in schedule 1 (Gold Coast) and schedule 2 (Sunshine Coast) (s 4(1)). State managed boat harbours under the Transport Infrastructure (Public Marine Facilities) Regulation 2023 are carved out (s 4(2), amended by 2023 SL No 110 s 125), meaning the present regulation governs open anchorages and informal moorings rather than managed marina precincts.
Watercraft is used throughout without a restrictive definition in the body text; the dictionary in schedule 4 supplies the meaning. Obligations are placed on both the owner and the operator of a watercraft, meaning both can be prosecuted for the same contraventionwhere relevant provisions refer to both. This dual liability matters when a vessel is chartered or loaned: the absent owner retains exposure.
Approved structure means a fixed or floating structure approved under the relevant planning or marine safety legislation. The 30-metre exclusion zone around approved structures and watercraft moored to them (s 6(1)) is measured from the structure or moored vessel, not from a fixed coordinate, so the zone moves if the moored vessel swings.
Living on board is addressed distinctly from mere overnight anchoring. The regulation treats the two as related but separate problems: anchoring time-limits (part 3) apply regardless of occupation, while living on board restrictions (part 4) impose an additional control based on actual habitation. The definition of relevant watercraft in section 11 excludes commercial houseboats from the Sunshine Coast 48-hour liveaboard cap, recognising that commercial operators are already regulated elsewhere.
A living on board approval, watercraft works approval, and take-off and landing approval are the three approval types created by parts 5 and 7. All approvals are time-limited (s 22(7)) and must be carried on the aircraft or watercraft to which they relate (s 22(8)). Only the take-off and landing approval requires a fee at application stage; the other approvals do not attract an application fee at the application step, though fees under schedule 3 apply generally (s 31).
Waste holding system is defined in section 13 as a tank connected to each source of sewerage or waste water on the watercraft. The definition is functional and does not specify a capacity or standard, which creates a potential compliance gap where a very small tank could technically satisfy the definition while providing minimal environmental benefit.
Who it affects
The primary regulated population is owners and operators of private recreational and semi-permanent liveaboard vessels in the Gold Coast and Sunshine Coast waterway systems. This includes:
Recreational boaters who anchor for extended periods in popular locations on the Gold Coast (under the 24-hour and 7-day caps in sections 7 and 8);
Liveaboard vessel owners on both coasts, particularly those using public anchorages as a substitute for marina berths, which are a significant private cost the regulation effectively pushes people back toward;
Persons undertaking vessel construction, reconstruction, refitting or structural repair in Sunshine Coast waters away from a commercial facility (s 14);
Commercial aircraft operators (seaplanes and similar) whose flights involve take-off or landing on regulated waters (ss 16 and 17).
Government and Crown watercraft are exempt (s 5(1)(a) and (b)), as are vessels carrying out approved works such as dredging or navigation-aid installation (s 5(1)(c)). This creates an asymmetry: a private contractor dredging under a Planning Act or Transport Operations (Marine Safety) Act 1994 approval is exempt, but otherwise identical work without that approval is not.
The regulation does not apply to State managed boat harbours (s 4(2)), so marina tenants are outside its scope entirely. This means the regulation's practical burden falls almost exclusively on those who anchor in public water rather than those who pay for a berth, reinforcing the financial incentive to use commercial marina facilities.
Residents and businesses adjacent to regulated waters are indirect beneficiaries: the approval criteria in section 22(2) explicitly require the administering agency to consider existing residential and commercial areas adjacent to the location, noise, amenity, and the interests of other water users.
Key duties and rights
Owners and operators must not anchor, moor, or keep a watercraft aground within 30 metres of an approved structure or a vessel moored to one (s 6(2)). This obligation is absolute within the zone; no approval pathway excuses it except the marine safety exemption in section 20.
In Gold Coast schedule 1, part 2, division 1 waters, owners and operators must not anchor, moor, or keep a watercraft aground for more than 24 consecutive hours in any 30-day period (s 7(2)). The period resets after the watercraft leaves, but the aggregation across "1 or more locations" within the same waters prevents rotation tactics.
In Gold Coast schedule 1, part 2, division 2 waters, the limit extends to 7 consecutive days in any 60-day period (s 8(2)), again aggregated across locations.
In Gold Coast schedule 1, part 2, division 3 waters, the constraint becomes location-specific: no more than 7 consecutive days within a 1-nautical-mile radius of a single place in any 60-day period (s 9(2)). This is subtly different from sections 7 and 8: a vessel can remain in the broader area by moving more than 1 nautical mile from its previous location and restarting the clock at the new position.
On the Gold Coast, living aboard is capped at 7 consecutive days in any 60-day period at or within 3 nautical miles of the one place (s 10(2)), but this restriction does not apply if the watercraft is at a marina with toilets and washing facilities (s 10(3)). The geographic radius is notably wider than the anchoring constraints, meaning a vessel that moves to avoid the anchoring cap may still be within the liveaboard cap.
On the Sunshine Coast, the liveaboard regime is stricter in schedule 2, part 2, division 3 waters: any liveaboard use, whether temporary, intermittent, or permanent, requires a living on board approval with no time-based grace period (s 11(2)). For all other Sunshine Coast waters, a relevant watercraft (excluding commercial houseboats) must not remain for more than 48 hours without an approval (s 11(4)).
Any watercraft used for liveaboard purposes in Sunshine Coast waters must have a waste holding system connected to every sewerage or waste water source (s 13(2)); must not discharge any contents into the waters (s 13(3)); must use a fixed or mobile pump-out facility to empty the system (s 13(4)); and must keep written records of every discharge including date, place, and quantity (s 13(5)). These four obligations are cumulative and all carry 20-penalty-unit maximums.
Pilots of commercial aircraft must not take off from or land on regulated waters without a take-off and landing approval (ss 16(1) and (2)), with a higher 40-penalty-unit maximum reflecting the greater safety exposure of aircraft operations.
Approval holders must comply with all conditions on their approval unless they have a reasonable excuse (s 22(5)), and must keep the approval document on board (s 22(8)). On suspension or cancellation, the document must be returned within 7 days (s 28(1)).
The right to seek review of adverse decisions is a material procedural right. Every refusal, conditional grant, and amendment, suspension, or cancellation notice must include prescribed review information (ss 22(6), 25(5), 26(2)). For chief executive decisions, QCAT review is available under sections 485 and 485A of the Act as applied by section 29. For Gold Coast Waterways Authority decisions, review is under sections 36 and 37 of the Gold Coast Waterways Authority Act 2012 (s 30). Before any cancellation or suspension (other than urgent suspension), the approval holder gets at least 14 days to make representations (s 25(2)(e)).
Penalties and enforcement
Maximum penalties throughout the regulation are expressed in penalty units, with two tiers:
40 penalty units apply to: anchoring or mooring within 30 metres of an approved structure (s 6(2)), commercial aircraft taking off or landing without approval (ss 16(1) and (2)), waterskiing in prohibited Gold Coast waters (s 18), freestyling, surfing, or wave jumping in prohibited areas (ss 19(1) and (2)), and breaching conditions of an approval (s 22(5)).
20 penalty units apply to: the Sunshine Coast prohibition on mooring in division 1 waters (s 6(4)), the division 2 prohibition on unoccupied vessels over 5 metres anchoring (s 6(6)), the Gold Coast 24-hour cap (s 7(2)), both Gold Coast 7-day caps (ss 8(2) and 9(2)), Gold Coast liveaboard cap (s 10(2)), Sunshine Coast liveaboard without approval (ss 11(2) and (4)), each of the four waste holding system obligations (ss 13(2), (3), (4), (5)), watercraft construction in Sunshine Coast waters without approval (s 14(1)), and failure to return a suspended or cancelled approval document (s 28(1)).
The penalty-unit value is set by subordinate legislation under the Penalties and Sentences Act 1992, so the dollar equivalent increases over time without amendment to this regulation.
Urgent suspension without prior notice is available to the administering agency where public safety or waterway efficiency requires it (s 26(1)), for up to 56 days pending formal process under section 25. This is a significant enforcement tool: a vessel can lose its operating approval immediately and without the usual 14-day representation period.
No infringement notice scheme is created within the regulation itself; any infringement-notice pathway would need to be established under the State Penalties Enforcement Act 1999 or a comparable instrument.
How it interacts with other laws
The parent Act is the Transport Infrastructure Act 1994 (Qld), referred to throughout as "the Act". The regulation is made under chapter 15, part 2 of that Act. Decisions by the chief executive are reviewable under sections 485 and 485A of the Act.
The Transport Operations (Marine Safety) Act 1994 (Qld) and the Transport Operations (Marine Pollution) Act 1995 (Qld) are each designated as relevant laws for the purpose of approval decisions (s 22(9)) and for grounds to cancel or amend an approval (s 24(2)). A conviction or contravention under either Act can therefore trigger loss of an approval issued under this regulation.
The domestic commercial vessel national law (the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 (Cth) and associated instruments) is also a relevant law in both s 22(9) and s 24(2). This means a compliance failure under the national commercial vessel framework has direct consequences for approvals issued here, linking the state and national regulatory regimes for commercial operators.
The Planning Act (most likely the Planning Act 2016 (Qld)) is referenced in section 5(2) in the definition of approved works, meaning construction or dredging approved under planning instruments is treated as approved works and exempts the vessel carrying it out from the regulation's anchoring and mooring restrictions.
The Gold Coast Waterways Authority Act 2012 (Qld) governs review of Authority decisions (s 30) and implicitly defines the Authority as the administering agency for Gold Coast regulated waters.
The Acts Interpretation Act 1954 (Qld) applies in two places: section 14H is preserved by section 38(2) in relation to references to the repealed plans, and section 48C(3) is engaged by section 31A for rounding fee amounts to the nearest 5 cents.
The Transport Infrastructure (Public Marine Facilities) Regulation 2023 (Qld) excludes State managed boat harbours from the scope of this regulation (s 4(2)), creating a clean boundary between the two instruments.
Amendment history
The source records the following amendments by subordinate legislation:
Section 3 (measurement of position) was substituted by 2020 SL No 94 s 32, replacing the prior geodetic datum reference with GDA2020 effective 1 July 2020.
Section 4 (application) was amended by 2023 SL No 110 s 125, inserting the carve-out for State managed boat harbours under the Transport Infrastructure (Public Marine Facilities) Regulation 2023.
Section 16 (take-off and landing prohibition) was amended by 2015 SL No 160 s 14. Section 17 (take-off and landing approval) was amended by 2015 SL No 160 s 15. The source does not describe the content of those amendments in detail.
Section 22 (granting or refusing application) was amended by 2016 SL No 154 s 253 sch 10. Section 24 (amending, suspending or cancelling) was also amended by 2016 SL No 154 s 253 sch 10. The 2016 instrument appears to have updated references to the domestic commercial vessel national law framework.
Section 23 (renewal) was amended by 2017 SL No 70 s 18. The source does not describe the content of that amendment.
Section 31A (rounding of fee amounts) was inserted by 2022 SL No 56 s 20, aligning fee rounding with the fee-unit methodology introduced into Queensland subordinate legislation.
No amendment history is recorded for the schedules, the balance of parts 1 through 9, or the penalty amounts in schedule 3. The regulation was made as SL No 231 of 2012. No further amendment history is disclosed in the source beyond those listed above.
Litigation history
The source does not name any decided cases. No judgments, tribunal decisions, prosecutions, or enforcement actions are cited or referred to anywhere in the text of the regulation. Accordingly, no litigation history grounded in the source can be reported.
This is not unusual for a regulatory instrument of this character. The offences created are summary in nature and typically disposed of by penalty notice or Magistrates Court proceedings, which rarely generate published decisions. Any person wishing to assess enforcement practice would need to search Queensland Magistrates Court records and Queensland Civil and Administrative Tribunal decisions involving the Gold Coast Waterways Authority independently of this source.
Gotchas
The dual owner-and-operator liability structure means a vessel owner who is not present when the vessel is anchored beyond the permitted period can still be prosecuted. There is no requirement that the owner directed or knew of the contravention; the obligation is framed as "must not cause or allow", which imports a passive permission standard. Absentee owners who lend their vessels should document any instruction they give about compliance.
The 30-day and 60-day rolling period calculations in sections 7, 8, 9, and 10 are not calendar-month calculations; they are backward-looking rolling windows. A vessel anchored for 24 hours in a 30-day area, departing on day 25, cannot return to the same waters until the original 30-day window has closed (day 31 from first arrival). The "1 or more locations" language in sections 7 and 8 aggregates time across multiple spots within the same schedule division, so a vessel that moves within the same restricted area does not reset the clock.
The liveaboard 3-nautical-mile radius in section 10(2) is wider than any of the anchoring restrictions and is measured from the one place. A vessel could comply with the section 9 anchoring cap by moving more than 1 nautical mile but still be within the section 10 liveaboard cap if it remains within 3 nautical miles of its starting position. Operators should track both counters independently.
The marina exemption in section 10(3) applies only if the marina has toilets and washing facilities. A private pontoon or informal commercial mooring without those amenities does not qualify, even if a fee is paid to use it.
The waste holding system definition in section 13(6) requires a tank "connected to each source of sewerage or waste water". A vessel with any unconnected source (a separate grey-water outlet, for example) is technically non-compliant even if the main black-water tank is connected. The record-keeping obligation in section 13(5) applies every time the system is discharged, not just when discharged ashore; the reference to "a fixed or mobile pump-out facility" in section 13(4) means the records must show pump-out use, not mere disposal.
The urgent suspension power in section 26 bypasses the 14-day representation period and can run for up to 56 days. The grounds include "efficiency of a waterway", a broad criterion that gives the administering agency wide latitude to suspend seaplane or liveaboard approvals at short notice ahead of major events or in response to complaints without immediate court oversight.
Section 22(2)(g) requires the administering agency to consider "the proximity or availability of more appropriate commercial facilities" when assessing a living on board approval or watercraft works approval. This criterion is structurally biased toward refusal where a marina exists nearby, regardless of price differential. An applicant whose reason for using the anchorage is cost rather than unavailability is unlikely to succeed on this criterion alone.
The section 20 marine safety exemption covers only vessels that entered regulated waters "from seaward while on a genuine voyage along the coast or an international voyage" for shelter or urgent repairs. A vessel already within the regulated waters that drags anchor during a storm and ends up in a prohibited zone does not appear to qualify, because it did not enter from seaward.
How to comply
Anchoring and mooring: Before anchoring anywhere in Gold Coast or Sunshine Coast waters, identify which schedule division applies to that location using the schedules and the GDA2020 coordinates. Check whether the proposed position is within 30 metres of any approved structure or vessel moored to one (s 6). If so, move clear before anchoring.
For Gold Coast schedule 1, part 2, division 1 waters: keep a log of arrival and departure times and do not accumulate more than 24 consecutive hours in those waters within any rolling 30-day window (s 7).
For Gold Coast schedule 1, part 2, division 2 waters: do not exceed 7 consecutive days in any 60-day rolling period, calculated across all positions within the relevant area (s 8).
For Gold Coast schedule 1, part 2, division 3 waters: do not remain within a 1-nautical-mile radius of any single position for more than 7 consecutive days in any 60-day period. Genuinely move more than 1 nautical mile to restart the location clock (s 9).
Liveaboard on the Gold Coast: do not live aboard (or allow anyone to live aboard) for more than 7 consecutive days in any 60-day period when within 3 nautical miles of the previous position, unless the vessel is berthed at a marina with toilets and washing facilities (ss 10(2) and (3)). Track this separately from the anchoring caps.
Liveaboard on the Sunshine Coast: apply to the chief executive for a living on board approval before commencing any liveaboard use in schedule 2, part 2, division 3 waters (ss 11(2) and 12). For all other Sunshine Coast waters, either obtain an approval or ensure the vessel does not remain for more than 48 hours (s 11(4)). Ensure the vessel has a compliant waste holding system connected to every sewerage and waste water source (s 13(2)), do not discharge into the water (s 13(3)), use a pump-out facility for every discharge (s 13(4)), and keep written records of every pump-out event showing date, place, and quantity discharged (s 13(5)).
Vessel works: if constructing, reconstructing, refitting, or making structural repairs to a vessel in Sunshine Coast waters, either take the vessel to a commercial facility for the work or obtain a watercraft works approval before commencing (ss 14 and 15).
Commercial aircraft operations: obtain a take-off and landing approval from the administering agency before conducting any commercial take-off or landing on regulated waters. Keep the approval document on the aircraft at all times during operations (ss 16, 17, and 22(8)).
Approval management: read and comply with every condition on any approval. Keep the physical approval document on board. If an urgent suspension notice arrives, stop the approved activity immediately; the suspension takes effect upon receipt of the notice (s 26). On any suspension or cancellation, return the approval document to the administering agency within 7 days (s 28(1)). Exercise review rights: every adverse decision must include prescribed review information directing the holder to the applicable review body (QCAT for chief executive decisions; the Gold Coast Waterways Authority Act review process for Authority decisions).
Marine safety exemption: if seeking to rely on section 20 (entry from seaward for shelter or urgent repairs), ensure the entry genuinely was from seaward and for one of the two permitted purposes. Liveaboard under the exemption is capped at 10 consecutive days. Keep evidence of the voyage context in case the exemption is disputed.
Section sec.4Waterways and associated infrastructure
(a) a watercraft being used for official duty by the Commonwealth, a State or a local government;
(b) a watercraft owned by the State;
(c) a watercraft being used to carry out approved works.
pt.3 Anchoring, mooring and grounding restrictions
Anchoring, mooring and grounding restrictions
sec.6 Prohibition on anchoring etc. in particular regulated waters
sec.6 Prohibition on anchoring etc. in particular regulated waters
Subsection (2) applies to the regulated waters within 30m of—
an approved structure; or
a watercraft moored to an approved structure.
The owner or operator of a watercraft must not cause or allow the watercraft—
to be anchored or moored in the waters; or
if the watercraft is aground at a place in the waters—to be kept at the place.
Maximum penalty—40 penalty units.
Subsection (4) applies to the Sunshine Coast waters described in schedule 2 , part 2 , division 1 .
The owner or operator of a watercraft must not cause or allow the watercraft—
to be moored in the waters; or
if it is aground at a place in the waters—to be kept at the place.
Maximum penalty—20 penalty units.
Subsection (6) applies to the Sunshine Coast waters described in schedule 2 , part 2 , division 2 .
The owner or operator of a watercraft that is more than 5m must not cause or allow the watercraft—
if it is unoccupied—to be anchored in the waters; or
if it is aground at a place in the waters—to be kept at the place.
Maximum penalty—20 penalty units.
See also sections 14 and 20 for when a person does not contravene this section.
(sec.6-ssec.1) Subsection (2) applies to the regulated waters within 30m of— an approved structure; or a watercraft moored to an approved structure.
(sec.6-ssec.2) The owner or operator of a watercraft must not cause or allow the watercraft— to be anchored or moored in the waters; or if the watercraft is aground at a place in the waters—to be kept at the place. Maximum penalty—40 penalty units.
(sec.6-ssec.3) Subsection (4) applies to the Sunshine Coast waters described in schedule 2 , part 2 , division 1 .
(sec.6-ssec.4) The owner or operator of a watercraft must not cause or allow the watercraft— to be moored in the waters; or if it is aground at a place in the waters—to be kept at the place. Maximum penalty—20 penalty units.
(sec.6-ssec.5) Subsection (6) applies to the Sunshine Coast waters described in schedule 2 , part 2 , division 2 .
(sec.6-ssec.6) The owner or operator of a watercraft that is more than 5m must not cause or allow the watercraft— if it is unoccupied—to be anchored in the waters; or if it is aground at a place in the waters—to be kept at the place. Maximum penalty—20 penalty units. See also sections 14 and 20 for when a person does not contravene this section.
(a) an approved structure; or
(b) a watercraft moored to an approved structure.
(a) to be anchored or moored in the waters; or
(b) if the watercraft is aground at a place in the waters—to be kept at the place.
(a) to be moored in the waters; or
(b) if it is aground at a place in the waters—to be kept at the place.
(a) if it is unoccupied—to be anchored in the waters; or
(b) if it is aground at a place in the waters—to be kept at the place.
sec.7 Particular regulated waters where watercraft not to be anchored etc. for more than 24 hours
sec.7 Particular regulated waters where watercraft not to be anchored etc. for more than 24 hours
This section applies to the Gold Coast waters described in schedule 1 , part 2 , division 1 .
The owner or operator of a watercraft must not cause or allow the watercraft—
to be anchored or moored, whether at 1 or more locations, in the waters for more than 24 consecutive hours in any 30 day period; or
if the watercraft is aground at a place in the waters—to be kept at the place, whether at 1 or more locations, for more than 24 consecutive hours in any 30 day period.
Maximum penalty—20 penalty units.
See also section 20 for when a person does not contravene this section.
(sec.7-ssec.1) This section applies to the Gold Coast waters described in schedule 1 , part 2 , division 1 .
(sec.7-ssec.2) The owner or operator of a watercraft must not cause or allow the watercraft— to be anchored or moored, whether at 1 or more locations, in the waters for more than 24 consecutive hours in any 30 day period; or if the watercraft is aground at a place in the waters—to be kept at the place, whether at 1 or more locations, for more than 24 consecutive hours in any 30 day period. Maximum penalty—20 penalty units. See also section 20 for when a person does not contravene this section.
(a) to be anchored or moored, whether at 1 or more locations, in the waters for more than 24 consecutive hours in any 30 day period; or
(b) if the watercraft is aground at a place in the waters—to be kept at the place, whether at 1 or more locations, for more than 24 consecutive hours in any 30 day period.
sec.8 Particular regulated waters where watercraft not to be anchored etc. for more than 7 days
sec.8 Particular regulated waters where watercraft not to be anchored etc. for more than 7 days
This section applies to the Gold Coast waters described in schedule 1 , part 2 , division 2 ;
The owner or operator of a watercraft must not cause or allow the watercraft—
to be anchored or moored, whether at 1 or more locations, in the waters for more than 7 consecutive days in any 60 day period; or
if the watercraft is aground at a place in the waters—to be kept at the place, whether at 1 or more locations, for more than 7 consecutive days in any 60 day period.
Maximum penalty—20 penalty units.
See also section 20 for when a person does not contravene this section.
(sec.8-ssec.1) This section applies to the Gold Coast waters described in schedule 1 , part 2 , division 2 ;
(sec.8-ssec.2) The owner or operator of a watercraft must not cause or allow the watercraft— to be anchored or moored, whether at 1 or more locations, in the waters for more than 7 consecutive days in any 60 day period; or if the watercraft is aground at a place in the waters—to be kept at the place, whether at 1 or more locations, for more than 7 consecutive days in any 60 day period. Maximum penalty—20 penalty units. See also section 20 for when a person does not contravene this section.
(a) to be anchored or moored, whether at 1 or more locations, in the waters for more than 7 consecutive days in any 60 day period; or
(b) if the watercraft is aground at a place in the waters—to be kept at the place, whether at 1 or more locations, for more than 7 consecutive days in any 60 day period.
sec.9 Particular regulated waters where watercraft must not be anchored etc. for more than 7 days in 1 location
sec.9 Particular regulated waters where watercraft must not be anchored etc. for more than 7 days in 1 location
This section applies to the Gold Coast waters described in schedule 1 , part 2 , division 3 .
The owner or operator of a watercraft must not cause or allow the watercraft—
to be anchored or moored in the waters within 1n mile of the 1 place for more than 7 consecutive days in any 60 day period; or
to be kept aground within 1n mile of the 1 place for more than 7 consecutive days in any 60 day period.
Maximum penalty—20 penalty units.
See also section 20 for when a person does not contravene this section.
(sec.9-ssec.1) This section applies to the Gold Coast waters described in schedule 1 , part 2 , division 3 .
(sec.9-ssec.2) The owner or operator of a watercraft must not cause or allow the watercraft— to be anchored or moored in the waters within 1n mile of the 1 place for more than 7 consecutive days in any 60 day period; or to be kept aground within 1n mile of the 1 place for more than 7 consecutive days in any 60 day period. Maximum penalty—20 penalty units. See also section 20 for when a person does not contravene this section.
(a) to be anchored or moored in the waters within 1n mile of the 1 place for more than 7 consecutive days in any 60 day period; or
(b) to be kept aground within 1n mile of the 1 place for more than 7 consecutive days in any 60 day period.
pt.4 Living on board watercraft
Living on board watercraft
sec.10 Time limit for living on board watercraft in particular regulated waters
sec.10 Time limit for living on board watercraft in particular regulated waters
This section applies to Gold Coast waters.
The owner or operator of a watercraft must not live, or allow anyone else to live, on board the watercraft in the waters, at, or within 3n miles of, the 1 place for more than 7 consecutive days in any 60 day period.
Maximum penalty—20 penalty units.
A person does not contravene subsection (2) if the watercraft is at a marina with toilets and washing facilities.
See also section 20 for when a person does not contravene this section.
(sec.10-ssec.1) This section applies to Gold Coast waters.
(sec.10-ssec.2) The owner or operator of a watercraft must not live, or allow anyone else to live, on board the watercraft in the waters, at, or within 3n miles of, the 1 place for more than 7 consecutive days in any 60 day period. Maximum penalty—20 penalty units.
(sec.10-ssec.3) A person does not contravene subsection (2) if the watercraft is at a marina with toilets and washing facilities. See also section 20 for when a person does not contravene this section.
sec.11 Restrictions on living on board watercraft in particular regulated waters without approval
sec.11 Restrictions on living on board watercraft in particular regulated waters without approval
Subsection (2) applies to the Sunshine Coast waters described in schedule 2 , part 2 , division 3 .
The owner or operator of a watercraft must not live, or allow another person to live, on board the watercraft in the waters, whether temporarily, intermittently or permanently, unless the living on board is in accordance with a living on board approval.
Maximum penalty—20 penalty units.
Subsection (4) applies to Sunshine Coast waters, other than the waters mentioned in subsection (1) .
The owner or operator of a relevant watercraft must not cause or allow the watercraft to remain in the waters for more than 48 hours unless the living on board is in accordance with a living on board approval.
Maximum penalty—20 penalty units.
In this section—
relevant watercraft means a watercraft, other than a commercial houseboat, being used for living on board whether temporarily, intermittently or permanently.
However, see section 12 (Living on board approval) and also section 20 for when a person does not contravene this section.
(sec.11-ssec.1) Subsection (2) applies to the Sunshine Coast waters described in schedule 2 , part 2 , division 3 .
(sec.11-ssec.2) The owner or operator of a watercraft must not live, or allow another person to live, on board the watercraft in the waters, whether temporarily, intermittently or permanently, unless the living on board is in accordance with a living on board approval. Maximum penalty—20 penalty units.
(sec.11-ssec.3) Subsection (4) applies to Sunshine Coast waters, other than the waters mentioned in subsection (1) .
(sec.11-ssec.4) The owner or operator of a relevant watercraft must not cause or allow the watercraft to remain in the waters for more than 48 hours unless the living on board is in accordance with a living on board approval. Maximum penalty—20 penalty units.
(sec.11-ssec.5) In this section— relevant watercraft means a watercraft, other than a commercial houseboat, being used for living on board whether temporarily, intermittently or permanently. However, see section 12 (Living on board approval) and also section 20 for when a person does not contravene this section.
sec.12 Living on board approval—regulated waters mentioned in s 11
sec.12 Living on board approval—regulated waters mentioned in s 11
The owner or operator of a watercraft may apply to the chief executive for an approval (a living on board approval ) authorising the owner, operator or another stated person to live on board the watercraft and remain in the waters.
The procedure for obtaining the approval is in part 7 (Approvals).
sec.13 Watercraft used for living on board in particular regulated waters to have waste holding system
sec.13 Watercraft used for living on board in particular regulated waters to have waste holding system
This section applies—
if
This is an opening excerpt, not the complete document.