Queensland Consolidated Acts

COASTAL PROTECTION AND MANAGEMENT ACT 1995 - SECT 8

8 Meaning of artificial waterway

(1)
"Artificial waterway" means an artificial channel, lake or other body of water.

(2) Without limiting subsection (1) ,
"artificial waterway" includes—

(a) an access channel; and

(b) an artificial channel that—

(i) is formed because land has been reclaimed from tidal water; and

(ii) is intended to allow boating access to allotments on subdivided land; and

(c) other artificial channels subject to the ebb and flow of the tide; and

(d) any additions or alterations to an artificial waterway.

(3) However,
"artificial waterway" does not include the following—

(a) a swimming pool;

(b) an ornamental pond of no more than 5,000m 2 in area;

(c) a pond—

(i) for aquaculture; or

(ii) for treating effluent;

(d) a freshwater storage reservoir for domestic water supply;

(e) a water storage facility—

(i) situated on a natural watercourse; and

(ii) used for irrigation or other agricultural purposes;

(f) a part of a river, creek or stream in which water flows in a natural channel, whether artificially improved or not;

(g) a drain for carrying stormwater or other material;

(h) any of the following used for accessing port infrastructure if constructed in the area of a port for which a port authority or port operator is responsible—

(i) a navigation channel;

(ii) a harbour swing basin;

(iii) a berth pocket;

(iv) a berth approach or departure path.