After section 50 —
insert—
51 Transitional provision for particular master planned areas and proposed master planned areas(1) From the commencement, the master planned area for each of the following priority ports includes a relevant tidal water area that had, before the commencement, been included in the master planned area despite former section 6(3)(a)—(a) Port of Gladstone;(b) Port of Townsville.(2) Subsection (3) applies in relation to a port overlay for a master planned area for a priority port mentioned in subsection (1).(3) From the commencement, the master planned area identified in the port overlay under section 19(2)(a) is taken to include a relevant tidal water area.(4) Subsection (5) applies in relation to—(a) the proposed master planned area for a relevant priority port; or(b) if a proposed master plan for a relevant priority port is made, under section 11, before the commencement—the master planned area for the relevant priority port.(5) From the commencement, the proposed master planned area or master planned area for the relevant priority port includes a relevant tidal water area that had, before the commencement, been included in the proposed master planned area or master planned area despite former section 6(3)(a).(6) In this section—
"former section 6(3)(a)" means section 6(3)(a) as in force immediately before the commencement.
"proposed master planned area" , for a priority port, means an area identified in a draft of a proposed master plan, prepared under section 10, as the proposed master planned area for the port.
"relevant priority port" means either of the following priority ports—(a) Port of Abbot Point;(b) the ports of Hay Point and Mackay.
"relevant tidal water area" , in relation to the master planned area or proposed master planned area for a priority port, means an area of land—(a) outside the port’s port limits under the Transport Infrastructure Act; and(b) covered, from time to time, by tidal water.