Queensland Consolidated Regulations

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TRANSPORT INFRASTRUCTURE (PUBLIC MARINE FACILITIES) REGULATION 2023 - As at 24 May 2024 - Reg 110 of 2023 


TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Short title
   2.      Commencement
   3.      Definitions
   4.      References to plan

   PART 2 - MANAGEMENT OF PUBLIC MARINE FACILITIES

           Division 1 - Appointment

   5.      Appointment of manager

           Division 2 - Conditions of appointment

   6.      Application of division
   7.      Use of public marine facilities
   8.      Fees for moorings
   9.      Responsibilities

   PART 3 - MATTERS RELATING TO BOAT RAMPS AND LANDINGS

           Division 1 - Control of access and use

   10.     Application of division
   11.     Control of boat ramps and landings by regulatory notice
   12.     Directions by authorised officers

           Division 2 - Offences relating to use of boat ramps and landings

   13.     Application of division
   14.     Driving or parking vehicles on boat ramps
   15.     Launching or retrieving ships at boat ramps
   16.     Obstructing person’s use of boat ramps or landings
   17.     Anchoring, mooring or placing ships near boat ramps or landings
   18.     Maintenance or repairs to ships on boat ramps
   19.     Maintenance or repairs to ships near boat ramps or landings
   20.     Driving or parking vehicles on boat ramps or landings

   PART 4 - CONTROL OF STATE MANAGED BOAT HARBOURS

   21.     Application of part
   22.     Control of State managed boat harbours by regulatory notice
   23.     Directions by authorised officers

   PART 5 - BOAT HARBOUR APPROVALS

           Division 1 - Preliminary

   24.     Types of boat harbour approvals

           Division 2 - Applications for boat harbour approvals

   25.     Making applications
   26.     Restrictions on grant
   27.     Request for further information
   28.     Deciding applications
   29.     Notice of decision
   30.     Term of approval

           Division 3 - Minor amendments of boat harbour approvals

   31.     Minor amendments

           Division 4 - Amending boat harbour approvals by application

   32.     Applications to amend boat harbour approvals
   33.     Request for further information
   34.     Deciding applications

           Division 5 - Amending, suspending or cancelling boat harbour approvals by chief executive

   35.     Application of division
   36.     Definitions for division
   37.     Grounds for amending, suspending or cancelling boat harbour approvals
   38.     Show cause notices
   39.     Representations about show cause notices
   40.     Ending show cause process without further action
   41.     Decision on proposed action

           Division 6 - Surrender of boat harbour approvals

   42.     Surrender

   PART 6 - DEALING WITH PROPERTY IN STATE MANAGED BOAT HARBOURS

           Division 1 - Contravening property

   43.     Definitions for division
   44.     Moving contravening property

           Division 2 - Abandoned property

              Subdivision 1 - Preliminary

   45.     Definitions for division

              Subdivision 2 - Dealing with particular abandoned property

   46.     Application of subdivision
   47.     Reasonable steps must be taken to find owner
   48.     Claiming abandoned property
   49.     If abandoned property is not claimed
   50.     Application of proceeds of sale of abandoned property

              Subdivision 3 - Sale or disposal of abandoned property of insufficient value or that is perishable

   51.     Disposal of abandoned property of insufficient value
   52.     Sale or disposal of perishable abandoned property

   PART 7 - INVESTIGATION AND ENFORCEMENT

           Division 1 - General provisions about authorised officers

   53.     Authorised officers under part
   54.     Appointment
   55.     Appointment conditions and limit on powers
   56.     When office ends
   57.     Resignation
   58.     Issue of identity card
   59.     Production or display of identity card
   60.     Return of identity card
   61.     References to exercise of powers
   62.     Reference to document includes reference to reproductions from electronic document

           Division 2 - Entry of places by authorised officers

              Subdivision 1 - Power to enter

   63.     General power to enter places

              Subdivision 2 - Entry by consent

   64.     Application of subdivision
   65.     Incidental entry to ask for access
   66.     Matters authorised officer must tell occupier
   67.     Consent acknowledgement

              Subdivision 3 - Entry of place of business

   68.     Entry of a place of business under s 63

           Division 3 - General powers of authorised officers after entering places

   69.     Application of division
   70.     General powers

           Division 4 - Other information-obtaining powers of authorised officers

   71.     Power to require personal details
   72.     Offence to contravene personal details requirement
   73.     Power to require production of document or certification of copy
   74.     Offence to contravene production requirement
   75.     Offence to contravene certification requirement

           Division 5 - Damage

   76.     Duty to avoid inconvenience and minimise damage
   77.     Notice of damage

           Division 6 - Compensation

   78.     Compensation

           Division 7 - Other offences relating to authorised officers

   79.     Giving authorised officer false or misleading information
   80.     Obstructing authorised officer

   PART 8 - REGULATORY NOTICES

   81.     Regulatory notices generally
   82.     Display of regulatory notices
   83.     Regulatory notice may refer to documents held by chief executive

   PART 9 - OTHER OFFENCES

   84.     Application of part
   85.     Anchoring ship in State managed boat harbour
   86.     Operating fish receival service in State managed boat harbour
   87.     Unloading fish in State managed boat harbour
   88.     Operating fuelling service in State managed boat harbour
   89.     Mooring ship in State managed boat harbour
   90.     Securely fastening ship in State managed boat harbour
   91.     Mooring ship at pile or buoy mooring in State managed boat harbour
   92.     Offence of operating commercial ship to provide transport service in State managed boat harbour
   93.     Compliance with conditions of boat harbour approval

   PART 10 - REVIEW OF DECISIONS

   94.     Internal and external review of decisions

   PART 11 - FEES

   95.     Fees in State managed boat harbours—Act, s 466
   96.     When fees payable
   97.     Application for payment arrangement
   98.     Request for further information
   99.     Deciding applications

   PART 12 - TRANSITIONAL PROVISIONS

   100.    Definitions for part
   101.    Continuing appointments
   102.    Existing former approvals taken to be boat harbour approvals
   103.    Existing applications for former approvals
   104.    Existing applications to amend former approvals
   105.    Existing detention notices
   106.    Existing applications for review of decisions
   107.    Authorised officers
   108.    Existing regulatory notices given to a person
   109.    Existing regulatory notices displayed by chief executive
   110.    Existing directions
   111.    Payment of particular fees
   112.    Existing arrangements for paying fees
   113.    Existing applications for arrangements for paying fees
   114.    References to expired regulation
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4

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