Queensland Consolidated Acts

COASTAL PROTECTION AND MANAGEMENT ACT 1995 - SECT 9

9 Meaning of canal

(1)
"Canal" means an artificial waterway—

(a) connected, or intended to be connected, to tidal water; and

(b) from which boating access to the tidal water is not hindered by a lock, weir or similar structure.

(2)
"Canal" includes a canal surrendered to the State under the Canals Act , section 13 (4) .

(3) However,
"canal" does not include any part of tidal water containing facilities that are used commercially or by members of a club or association for 1 or more of the following—

(a) boat launching, landing, berthing or storing;

(b) boat repairs of a minor nature;

(c) boat provisioning, fuelling or servicing;

(d) recreation, comfort and convenience of persons who own or use boats.

(4) Also,
"canal" does not include an artificial waterway that intersects, or is connected to, inundated land or leased land if a registered proprietor of the land or lessee of the leased land may restrict or prohibit the use or movement of vessels in water on the land.

(5) In this section—

"registered proprietor" , of land, means a person recorded in the freehold land register under the Land Title Act 1994 as a proprietor of the land.