Queensland Numbered Acts

MARITIME AND OTHER LEGISLATION AMENDMENT ACT 2006 No. 21 - SECT 99

(1) Section 218(1)(e)--

omit, insert--

'(e) where buoy moorings may be established, approvals for establishing buoy moorings at locations and other matters relating to identifying and using buoy moorings.'.

(2) Section 218--

insert--

'(3) If under a regulation, whether made before or after the commencement of this subsection, the general manager or the chief executive approved the establishment of a buoy mooring or where a buoy mooring may be established, the general manager, the chief executive and the State are not, and never have been, responsible--

(a) for approving the structural integrity of the buoy mooring; or

(b) for other matters in relation to the buoy mooring's establishment or maintenance.

'(4) The general manager, the chief executive and the State are not, and never have been, liable in relation to a buoy mooring's establishment or maintenance other than in relation to the approval of the location of the buoy mooring.

'(5) However if a court decided a matter before the commencement of this subsection, and the decision included a finding that the general manager, the chief executive or the State was liable in relation to an approval in relation to a buoy mooring, the decision is not affected by subsections (3) and (4).'.