Queensland Consolidated Regulations

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TRANSPORT INFRASTRUCTURE (PUBLIC MARINE FACILITIES) REGULATION 2023 - SCHEDULE 4

SCHEDULE 4 – Dictionary


"abandoned property" , for part 6 , division 2 , see section 45 .

"anchor" , a ship, means secure the ship to the seabed using 1 or more anchors.

"authorised officer" means a person appointed as an authorised officer under section 54 .

"boat harbour approval" means—

(a) a fish receival service approval; or
(b) a fuelling service approval; or
(c) a mooring approval; or
(d) a transport service approval.

"boat harbour land" means land located in a State managed boat harbour.

"Bowen State managed boat harbour" means the Bowen Boat Harbour shown as lot 310 on SP198022.
Notes—
1 To help users of this regulation, an indicative map showing the boundaries of the boat harbour is published on the department’s website.
2 The indicative map is not applied, adopted or incorporated by this regulation.

"Burnett Heads boat harbour" means the Burnett Heads Boat Harbour shown as lots 2 and 3 on SP324116 and lot 4 on SP190481.
Notes—
1 To help users of this regulation, an indicative map showing the boundaries of the boat harbour is published on the department’s website.
2 The indicative map is not applied, adopted or incorporated by this regulation.

"Cabbage Tree Creek State managed boat harbour" means the boat harbour at Cabbage Tree Creek shown as lots 423 to 426 on SP158144.
Notes—
1 To help users of this regulation, an indicative map showing the boundaries of the boat harbour is published on the department’s website.
2 The indicative map is not applied, adopted or incorporated by this regulation.

"commercial ship" means—
(a) a domestic commercial vessel with a certificate of operation issued, or taken to be issued, under the domestic commercial vessel national law stating it is a class 1 or 2 vessel; or
(b) an other Queensland regulated ship registered under the Transport Operations (Marine Safety) Regulation 2016 .

"contravening property" , for part 6 , division 1 , see section 43 .

"detention notice" , for abandoned property, for part 6 , division 2 , see section 45 .

"domestic commercial vessel" see the domestic commercial vessel national law, section 7 .

"domestic commercial vessel national law" see the Transport Operations (Marine Safety—Domestic Commercial Vessel National Law Application) Act 2016 , section 20 .

"due date" means 30 June or 31 December in each year.

"exempt passenger" , for a commercial ship operating under a transport service approval, means a passenger for the ship—
(a) who is under 6 years; or
(b) if both of the following apply in relation to the passenger—
(i) the passenger is travelling on the ship on a ticket for the trip given to the person by a recognised charitable organisation; and
(ii) the organisation—
(A) obtains the ticket without charge; and
(B) gives the holder of the approval a statutory declaration declaring the number of tickets the organisation received without charge.

"ferry service" see the Transport Operations (Passenger Transport) Act 1994 , schedule 3 .

"fish" see the Fisheries Act 1994 , section 5 .

"fishing ship" see the Transport Operations (Marine Safety) Regulation 2016 , schedule 9 .

"fish receival service approval" see section 24 (2) .

"fuelling service approval" see section 24 (3) .

"identity card" , for a provision about an authorised officer, means an identity card issued under section 58 .

"indication" , given by an official traffic sign, see the Transport Operations (Road Use Management) Act 1995 , schedule 4 .

"insufficient value" , in relation to property, means—
(a) no value; or
(b) if sold by the chief executive, a value that is not likely to return sufficient proceeds of sale to cover the total of the following amounts—
(i) the expenses reasonably incurred by the chief executive in selling the property;
(ii) the expenses reasonably incurred by the chief executive in dealing with the property under part 6 ;
(iii) the charges, interest and other expenses owing to the chief executive in relation to selling or dealing with the property under part 6 .

"landing" includes a jetty, pontoon, wharf, floating walkway or fixed sloping walkway.

"leased land" , in relation to a State managed boat harbour, means land in the State managed boat harbour leased by a lessee, other than the chief executive.

"length" , of a ship, means its maximum overall length including all projections.

"lessee" has the meaning given by the Land Act 1994 , schedule 6 .

"maintenance berth" means a berth for temporarily berthing a ship that is being constructed, fitted out, repaired or maintained.

"manager" see section 459 (1) of the Act .

"Manly State managed boat harbour" means the Manly Boat Harbour shown as lots 685 to 687 on SP172860 and lot 688 on SP172859.
Notes—
1 To help users of this regulation, an indicative map showing the boundaries of the boat harbour is published on the department’s website.
2 The indicative map is not applied, adopted or incorporated by this regulation.

"master" , of a ship, see the Transport Operations (Marine Safety) Act 1994 , section 7 .

"minor amendment" , of a boat harbour approval, see section 31 (3) and (4) .

"Mooloolaba State managed boat harbour" means the Mooloolaba Harbour shown as lot 1 on SP143293.
Notes—
1 To help users of this regulation, an indicative map showing the boundaries of the boat harbour is published on the department’s website.
2 The indicative map is not applied, adopted or incorporated by this regulation.

"mooring approval" see section 24 (4) .

"non-State managed boat harbour" means a public marine facility that is a boat harbour, other than a State managed boat harbour.

"obstruct" includes assault, hinder, resist, attempt to obstruct or threaten to obstruct.

"occupier" , of a place, includes the following—
(a) if there is more than 1 person who apparently occupies the place—any 1 of the persons;
(b) any person at the place who is apparently acting with the authority of a person who apparently occupies the place;
(c) if no-one apparently occupies the place—any person who is an owner of the place.

"of" , a place, includes at or on the place.

"offence warning" , for a direction or requirement by an authorised officer, means a warning that, without a reasonable excuse, it is an offence for the person to whom the direction is given, or of whom the requirement is made, not to comply with the direction or requirement.

"other Queensland regulated ship" see the Transport Operations (Marine Safety) Act 1994 , section 10C .

"owner" , of a ship, see the Transport Operations (Marine Safety) Act 1994 , section 9 .

"partially smooth waters" see the Transport Operations (Marine Safety) Regulation 2016 , schedule 9 .

"passenger" , for a commercial ship, means—
(a) for a domestic commercial vessel—any person on the ship, other than the ship’s master and crew required under the domestic commercial vessel national law to operate the ship; or
(b) for an other Queensland regulated ship, any person on the ship, other than the following—
(i) the master of the ship;
(ii) any of the crew of the ship;
(iii) the pilot of the ship under the Transport Operations (Marine Safety) Act 1994 , schedule 1 .

"payment arrangement" see section 97 (1) .

"person in charge" , of contravening property, for part 6 , division 1 , see section 43 .

"place" includes the following—
(a) premises;
(b) vacant land;
(c) a place in Queensland waters;
(d) a place held under more than 1 title or by more than 1 owner;
(e) the land or water on or in which a building or other structure, or a group of buildings or other structures, is situated.

"Port Douglas boat harbour" means the boat harbour at Port Douglas shown as lots 5 and 51 to 54 on SP288958 and lot 2 on SP262338.
Notes—
1 To help users of this regulation, an indicative map showing the boundaries of the boat harbour is published on the department’s website.
2 The indicative map is not applied, adopted or incorporated by this regulation.

"premises" includes—
(a) a building or other structure; and
(b) a part of a building or other structure; and
(c) a ship, caravan or vehicle; and
(d) a cave or tent; and
(e) premises held under more than 1 title or by more than 1 owner.

"proposed action" , for part 5 , division 5 , see section 38 (1) .

"recreational ship" see the Transport Operations (Marine Safety) Act 1994 , section 10B .

"regulatory notice" see sections 11 and 22 .

"Rosslyn Bay State managed boat harbour" means the Rosslyn Bay Boat Harbour shown as lot 105 on SP161849, lot 129 on CP854911 and lot 155 on CP867785.
Notes—
1 To help users of this regulation, an indicative map showing the boundaries of the boat harbour is published on the department’s website.
2 The indicative map is not applied, adopted or incorporated by this regulation.

"Scarborough State managed boat harbour" means the Scarborough Boat Harbour shown as lots 858 and 859 on SP158152.
Notes—
1 To help users of this regulation, an indicative map showing the boundaries of the boat harbour is published on the department’s website.
2 The indicative map is not applied, adopted or incorporated by this regulation.

"ship" see the Transport Operations (Marine Safety) Act 1994 , section 10 .

"show cause notice" , for part 5 , division 5 , see section 38 (1) .

"show cause period" , for part 5 , division 5 , see section 36 .

"Snapper Creek State managed boat harbour" means the boat harbour at Snapper Creek shown as lots 1 to 6 on SP297681.
Notes—
1 To help users of this regulation, an indicative map showing the boundaries of the boat harbour is published on the department’s website.
2 The indicative map is not applied, adopted or incorporated by this regulation.

"State managed boat harbour" means each of the following boat harbours that is a public marine facility managed by the chief executive—
(a) Bowen State managed boat harbour;
(b) Cabbage Tree Creek State managed boat harbour;
(c) Manly State managed boat harbour;
(d) Mooloolaba State managed boat harbour;
(e) Rosslyn Bay State managed boat harbour;
(f) Scarborough State managed boat harbour;
(g) Snapper Creek State managed boat harbour;
(h) Urangan State managed boat harbour.

"transport service" means a service for carrying goods or passengers—
(a) within a State managed boat harbour; or
(b) that starts or ends in a State managed boat harbour.
Example—
a ferry service that starts in a State managed boat harbour and goes to an island outside the State managed boat harbour

"transport service approval" see section 24 (5) .

"Urangan State managed boat harbour" means the Urangan Boat Harbour shown as lot 253 on SP166261, lot 254 on SP150280 and lot 15 on SP171735.
Notes—
1 To help users of this regulation, an indicative map showing the boundaries of the boat harbour is published on the department’s website.
2 The indicative map is not applied, adopted or incorporated by this regulation.

"whale watching service" means a transport service involving carrying passengers in a ship to watch whales.



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