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Queensland
TRANSPORT
INFRASTRUCTURE
AMENDMENT BILL 1994
Queensland
TRANSPORT INFRASTRUCTURE
AMENDMENT BILL 1994
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
5 Insertion of new Chapter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
CHAPTER 5A--PORT INFRASTRUCTURE
PART 1--PRELIMINARY
61A Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
PART 2--CONTINUATION, ESTABLISHMENT AND
ABOLITION OF PORT AUTHORITIES
61B Continuation of port authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
61C Establishment of new port authority . . . . . . . . . . . . . . . . . . . . . . . . . . 8
61D Abolition of port authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
61E Transfer of management of a port . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
61F Regulation may make transitional arrangements . . . . . . . . . . . . . . . 10
61G Management of port by State or local government . . . . . . . . . . . . . . 10
61H Regulation may define port limits etc. . . . . . . . . . . . . . . . . . . . . . . . . 10
PART 3--FUNCTIONS AND POWERS OF PORT AUTHORITIES
61I Functions of port authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
61J Powers of port authorities subject to Marine Safety Act . . . . . . . . . 11
61K Powers of port authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
61L Additional powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
61M Power to impose charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
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61N Copies of additional functions or powers to be available . . . . . . . . . 14
61O Liability for charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
61P Liability for damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
PART 4--LAND MANAGEMENT
Division 1--Strategic port land
61Q Land use plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
61R Consultation on land use plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
61S Approval of land use plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
61T Strategic port land not subject to zoning requirements . . . . . . . . . . 17
61U Use of strategic port land to be consistent with approved
land
use plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Division 2--General
61V Restrictions on dealing in property . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
PART 5--GENERAL
61W Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
61X Carrying on port activities outside port limits . . . . . . . . . . . . . . . . . . 19
61Y Offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
61Z Payment of charges and interest on unpaid charges . . . . . . . . . . . . . 20
61ZA Transitional provisions applying in relation to port
authorities that are candidate GOCs . . . . . . . . . . . . . . . . . . . . . . . . . 20
61ZB Application of rating Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
61ZC Notices at entrances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
6 Insertion of new ss 65A and 65B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
65A Proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
65B Attempts to commit offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
7 Amendment of Ch 7, heading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
8 Amendment of Ch 7, Pt 1, heading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
9 Amendment of s 70 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
10 Insertion of Ch 7, new Pts 2 and 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
PART 2--SAVINGS AND TRANSITIONAL PROVISIONS
ABOUT PORTS
90 Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
91 Continuation of harbours under Harbours Act or port under
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Transport Infrastructure Amendment
Port of Brisbane Authority Act etc. . . . . . . . . . . . . . . . . . . . . . . . . . . 24
92 Ports of port authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
93 Airport funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
94 Funds under Harbours Act or Port of Brisbane Authority Act . . . . . 25
95 Harbour dues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
96 Management of certain boat harbours . . . . . . . . . . . . . . . . . . . . . . . . 26
97 Harbour and industrial lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
98 Submission of land use plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
99 Harbours Corporation of Queensland . . . . . . . . . . . . . . . . . . . . . . . . . 27
100 Queensland Sugar Corporation funds . . . . . . . . . . . . . . . . . . . . . . . . . 28
101 Continuation of Inscribed Stock Regulations . . . . . . . . . . . . . . . . . . 28
102 Continuation of certain by-laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
103 Continuation of certain provisions of Harbours Act about land . . . . 30
104 Continuation of certain provisions of Harbours Act about
jetties and ramps etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
105 Continuation of certain provisions of Harbours Act
requiring
approval for certain matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
106 Continuation of certain provisions of Harbours Act about
Queensland Sugar Corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
107 Continuation of s 62A of Harbours Act . . . . . . . . . . . . . . . . . . . . . . . 34
108 Continuation of Pt 5, Div 2 of Port of Brisbane Authority Act . . . . 34
109 Leases and licences under s 65 of Harbours Act . . . . . . . . . . . . . . . . 34
110 Lease mentioned in Harbours Acts Amendment Act 1968 . . . . . . . . 35
111 Delegations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
112 Special transitional provisions for former Ports
Corporation
of Queensland employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
113 Application of s 20A, Acts Interpretation Act to this Part . . . . . . . . 36
PART 3--GENERAL SAVINGS AND TRANSITIONAL PROVISIONS
Division 1--Transition of references about roads
114 Application of Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
115 Transport Infrastructure (Roads) Act 1991 references . . . . . . . . . . . 37
116 Main Roads Act 1920 references . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
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Transport Infrastructure Amendment
117 Commissioner of Main Roads references . . . . . . . . . . . . . . . . . . . . . 37
118 Declared road references . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
119 Motorway references . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
120 Main Roads Fund references . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Division 2--Transition of references about ports
121 Application of Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
122 Harbours Act 1955 and Port of Brisbane Authority
Act 1976
references . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
123 Harbour board references . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
124 Harbour references . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
125 Harbours Corporation and Harbours Trust references . . . . . . . . . . . . 39
126 Gold Coast Waterways Authority references . . . . . . . . . . . . . . . . . . . 39
Division 3--Transition of references about railways
127 Application of Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
128 Railways Act 1914 references . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
129 Commissioner for Railways references . . . . . . . . . . . . . . . . . . . . . . . 40
130 Railways Department references . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Division 4--General
131 Application of s 32A, Acts Interpretation Act . . . . . . . . . . . . . . . . . . 40
11 Renumbering of Ch 7, Pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
12 Renumbering of s 90 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
13 Amendment of Sch 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
14 Amendments of other Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
15 Repeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 42
AMENDMENT OF ACTS
TRANSPORT INFRASTRUCTURE (RAILWAYS) ACT 1991 . . . . . . . . . 42
TRANSPORT INFRASTRUCTURE (ROADS) ACT 1991 . . . . . . . . . . . . . 42
TRANSPORT PLANNING AND COORDINATION ACT 1994 . . . . . . . . . 42
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 43
ACTS REPEALED
5
Transport Infrastructure Amendment
1994
A BILL
FOR
An Act to amend the Transport Infrastructure Act 1994, and for other
purposes
s1 7 s4
Transport Infrastructure Amendment
The Parliament of Queensland enacts-- 1
title 2
Short
1. This Act may be cited as the Transport Infrastructure Amendment 3
Act 1994. 4
5
Commencement
2. This Act commences on 1 July 1994. 6
Act 7
Amended
3. This Act amends the Transport Infrastructure Act 1994. 8
of s 4 (Definitions) 9
Amendment
4.(1) Section 4(1), definition "port authority"-- 10
omit. 11
(2) Section 4(1)-- 12
insert-- 13
` "port" of a port authority means a port for which the authority is 14
responsible, and includes an airport for which the authority is 15
responsible; 16
"port authority" means-- 17
(a) the Ports Corporation of Queensland; or 18
(b) the Port of Brisbane Corporation; or 19
(c) the Gladstone Port Authority; or 20
(d) a harbour board continued in existence by section 61B 21
(Continuation of port authorities); or 22
(e) a port authority established under section 61C (Establishment of 23
new port authority); or 24
s5 8 s5
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(f) another body established under the Government Owned 1
Corporations Act 1993 and declared by regulation to be a port 2
authority; 3
but does not include a port authority that has been abolished under 4
section 61D (Abolition of port authority).'. 5
(3) Section 4(2)-- 6
insert-- 7
`(aa)for Chapter 5A--section 61A;'. 8
of new Chapter 9
Insertion
5. After Chapter 5-- 10
insert-- 11
`CHAPTER 5A--PORT INFRASTRUCTURE 12
`PART 1--PRELIMINARY 13
14
`Definitions
`61A. In this Chapter-- 15
"candidate GOC" has the meaning given by section 24 of the 16
Government Owned Corporations Act 1993; 17
"charge" means an amount charged by a port authority; 18
"corporate plan" means a corporate plan required by the Government 19
Owned Corporations Act 1993; 20
"extractive material" means sand, gravel, boulders, clay, silt, mud or other 21
material in or on land under tidal water, but does not include a mineral 22
within the meaning of the Mineral Resources Act 1989; 23
"GOC" has the meaning given by section 6 of the Government Owned 24
Corporations Act 1993; 25
"land" means any land, whether above or below the ordinary high water 26
mark at spring tides; 27
s5 9 s5
Transport Infrastructure Amendment
"notice" means a notice, sign or pictograph of any type of material and 1
whether fixed or moveable; 2
"ship" has the same meaning as in the Marine Safety Act 1994; 3
"statement of corporate intent" means a statement of corporate intent 4
required by the Government Owned Corporations Act 1993; 5
"strategic port land" means land that is strategic port land under 6
section 61S (Approval of land use plans); 7
"vehicle" has the same meaning as in the Traffic Act 1949. 8
`PART 2--CONTINUATION, ESTABLISHMENT AND 9
ABOLITION OF PORT AUTHORITIES 10
of port authorities 11
`Continuation
`61B.(1) The following harbour boards are continued in existence as 12
bodies corporate-- 13
· the Bundaberg Port Authority 14
· the Cairns Port Authority 15
· the Mackay Port Authority 16
· the Rockhampton Port Authority 17
· the Townsville Port Authority. 18
`(2) Each body corporate continues to have a seal. 19
of new port authority 20
`Establishment
`61C.(1) A regulation may establish a new port authority as a body 21
corporate that has a seal and may sue and be sued in its corporate name. 22
`(2) A regulation may also-- 23
(a) specify the name of the port authority; or 24
s5 10 s5
Transport Infrastructure Amendment
(b) specify the name of the port it is to manage; or 1
(c) transfer assets and liabilities to the authority. 2
of port authority 3
`Abolition
`61D.(1) A regulation may abolish a port authority and transfer its 4
functions to another port authority, the State or a local government (the 5
"transferee"). 6
`(2) A regulation may also transfer to the transferee, or to a port 7
authority, the State or a local government, assets and liabilities of the 8
abolished port authority. 9
`(3) A legal proceeding by or against the abolished port authority about 10
the port, or transferred assets and liabilities, that is unfinished when the 11
relevant regulation commences may be continued and finished by or 12
against-- 13
(a) the transferee; or 14
(b) if the assets or liabilities concerned are transferred to a person 15
mentioned in subsection (2) who is not the transferee--the 16
person. 17
of management of a port 18
`Transfer
`61E.(1) A regulation may transfer the management of a port from a port 19
authority, the State or a local government (the "transferor") to a port 20
authority, the State or a local government (the "transferee"). 21
`(2) A regulation may also transfer to the transferee, or to a port 22
authority, the State or a local government, assets and liabilities of the 23
transferor. 24
`(3) A legal proceeding by or against the transferor about the port, or 25
transferred assets or liabilities, that is unfinished when the relevant 26
regulation commences may be continued and finished by or against-- 27
(a) the transferee; or 28
(b) if the assets or liabilities concerned are transferred to a person 29
mentioned in subsection (2) who is not the transferee--the 30
person. 31
s5 11 s5
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may make transitional arrangements 1
`Regulation
`61F.(1) If a port authority is established or abolished, or the 2
management of a port is transferred, under this Part, a regulation may make 3
transitional arrangements about the establishment, abolition or transfer. 4
`(2) The transitional arrangements may include-- 5
(a) arrangements for the transfer of staff, and their superannuation 6
and other entitlements; or 7
(b) allowing the transfer of assets and liabilities without payment of 8
stamp duty; or 9
(c) other transitional arrangements necessary or convenient for the 10
establishment, abolition or transfer. 11
of port by State or local government 12
`Management
`61G. If the State or a local government is given the management of a 13
port under this Chapter, the Minister or the local government has, for the 14
port, all the functions and powers, and all the obligations, of a port authority 15
under this Chapter. 16
may define port limits etc. 17
`Regulation
`61H. A regulation may-- 18
(a) define or amend the limits of a port; or 19
(b) give a name to a port or change the name of a port; or 20
(c) for a new port--transfer the management of the port to an 21
existing port authority, the State or a local government; or 22
(d) change the name of a port authority. 23
s5 12 s5
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ART 3--FUNCTIONS AND POWERS OF PORT 1
`P
AUTHORITIES 2
of port authorities 3
`Functions
`61I.(1) The functions of a port authority are-- 4
(a) to establish, manage, and operate effective and efficient port 5
facilities and services in its port; and 6
(b) to make land available for-- 7
(i) the establishment, management and operation of effective 8
and efficient port facilities and services in its port by other 9
persons; or 10
(ii) other purposes consistent with the operation of its port; and 11
(c) to provide or arrange for the provision of ancillary services or 12
works necessary or convenient for the effective and efficient 13
operation of its port; and 14
(d) to keep appropriate levels of safety and security in the provision 15
and operation of the facilities and services; and 16
(e) to provide other services incidental to the performance of its other 17
functions or likely to enhance the usage of the port; and 18
(f) to perform any other functions conferred on it under this or 19
another Act or under the regulations. 20
`(2) A port authority's functions as provided under subsection (1) may 21
be removed, restricted or limited by regulation. 22
of port authorities subject to Marine Safety Act 23
`Powers
`61J. The powers of a port authority under this Chapter, including 24
powers conferred by a regulation, must be exercised subject to the powers 25
of a harbour master under the Marine Safety Act 1994 about marine safety 26
and navigation. 27
s5 13 s5
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of port authorities 1
`Powers
`61K.(1) In addition to the powers a port authority has because of this 2
Chapter or the Government Owned Corporations Act 1993, each port 3
authority has all powers necessary or convenient for performing its 4
functions. 5
`(2) Without limiting subsection (1), a port authority's powers include 6
power-- 7
(a) to dredge and otherwise maintain or improve navigational 8
channels in its port; and 9
(b) to reduce or remove a shoal, bank or accumulation in its port that, 10
in the port authority's opinion, impedes navigation in its port. 11
`(3) A port authority is not liable to pay royalties or similar charges for 12
extractive material removed-- 13
(a) to maintain or improve navigational channels in its port, or 14
improve navigation in its port, if the material is disposed of-- 15
(i) in an area associated with port activities and approved by the 16
Minister; and 17
(ii) under relevant statutory environmental controls; or 18
(b) to reclaim land that is, or is proposed to be, strategic port land. 19
powers 20
`Additional
`61L.(1) A regulation may-- 21
(a) allow a port authority to control, whether by using notices, 22
markings, fences, barriers, directions or otherwise-- 23
(i) access to or the use of its strategic port land or port facilities, 24
or access to or the use of areas in its port where activities 25
may affect the port's operation; or 26
(ii) the movement or mooring of ships at its port facilities, or the 27
movement or mooring of ships in its port if the movement 28
or mooring may affect the port's operation; or 29
(iii) the movement of passengers to or from ships or aircraft 30
using its port facilities or on its port facilities or strategic port 31
s5 14 s5
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land; or 1
(iv) the movement, handling or storage of goods loaded, 2
unloaded or transhipped to or from ships or aircraft using its 3
port facilities or on its port facilities or strategic port land; or 4
(v) the movement, stopping or parking of vehicles, aircraft or 5
trains on its strategic port land or at its port facilities; or 6
(b) allow a port authority to detain, using any necessary and 7
reasonable force, ships, aircraft, goods or vehicles for which the 8
authority's charges are payable until the charges are paid, or to 9
sell the ships, aircraft, goods or vehicles if the charges are not 10
paid; or 11
(c) allow a port authority to require a person to produce documents 12
relevant to the authority's charges, and allow the authority to 13
inspect and make copies of them; or 14
(d) allow a port authority to remove ships, aircraft, vehicles, trains, 15
goods or other property that are-- 16
(i) abandoned in its port, on its strategic port land or at its port 17
facilities; or 18
(ii) moored, parked or left against the authority's directions; or 19
(e) allow a port authority to sell or otherwise dispose of ships, 20
aircraft, vehicles, goods or other property abandoned in its port, 21
on its strategic port land or at its port facilities; or 22
(f) allow a port authority to recover from a prescribed person the 23
costs of doing the actions mentioned in paragraphs (b), (d) and 24
(e); or 25
(g) allow a port authority to enter and inspect ships or inspect aircraft, 26
goods or vehicles on its strategic port land, at its port facilities, or 27
in an area in its port where activities may affect the port's 28
operation, to ensure compliance with this Chapter and, if 29
necessary, enter by passing through land or over facilities under 30
someone else's control; or 31
(h) provide that a breach of a notice mentioned in paragraph (a) is an 32
offence; or 33
(i) confer any other powers on a port authority, including, for 34
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example, powers similar to those mentioned in this section. 1
`(2) A regulation under subsection (1) for a port authority applies-- 2
(a) in the area mentioned in the relevant paragraph or subparagraph 3
of subsection (1); or 4
(b) if no area is mentioned--in its port and its strategic port land; 5
but does not apply outside its port and strategic port land. 6
`(3) After consulting with a port authority, the Minister may direct the 7
authority to perform a function or exercise a power under this section only 8
for a specified area of its port or specified strategic port land or port 9
facilities. 10
`(4) A regulation under this section may create offences and prescribe 11
penalties for the offences of not more than 100 penalty units. 12
`(5) In this section-- 13
"port facilities" of a port authority means port facilities owned or 14
controlled by it. 15
to impose charges 16
`Power
`61M.(1) A port authority may impose charges for the use of its port or 17
for the State. 18
`(2) Charges may, for example, be imposed by reference to-- 19
(a) ships or aircraft using its port; and 20
(b) goods or passengers loaded, unloaded or transhipped to or from 21
ships or aircraft using port facilities in its port, whether or not the 22
facilities are owned or controlled by it. 23
`(3) This section does not limit the powers a port authority has apart 24
from this section. 25
of additional functions or powers to be available 26
`Copies
`61N. If functions or powers are conferred on a port authority by a 27
regulation under section 61I (Functions of port authorities) or section 61L 28
(Additional powers), it must ensure that copies of a document specifying 29
s5 16 s5
Transport Infrastructure Amendment
details of the functions or powers, and the area where the functions or 1
powers may be exercised or performed, are available for inspection and 2
purchase (at reasonable cost) during business hours at its offices in the 3
locality to which the functions or powers relate. 4
for charges 5
`Liability
`61O. A regulation may prescribe the persons who are liable for charges 6
of a port authority. 7
for damage 8
`Liability
`61P. A regulation may prescribe the persons who are liable for damage 9
to the works or infrastructure of a port authority. 10
`PART 4--LAND MANAGEMENT 11
`Division 1--Strategic port land 12
and use plans 13
`L
`61Q.(1) Each port authority must, from time to time, prepare a land use 14
plan for approval under section 61S (Approval of land use plans). 15
`(2) After discussing the matter with a port authority, the Minister may 16
direct it to prepare a land use plan or an amendment of a land use plan for 17
approval under section 61S. 18
`(3) A port authority's land use plan must specify details of-- 19
(a) the authority's strategic port land; and 20
(b) land the authority wishes to become strategic port land; and 21
(c) the current and proposed uses of the land. 22
s5 17 s5
Transport Infrastructure Amendment
on land use plans 1
`Consultation
`61R.(1) If a port authority considers that land to which it holds title or 2
that it holds directly from the State is or may be needed-- 3
(a) for the operation of its port; or 4
(b) for use by industries requiring port facilities or that would 5
enhance the usage of the port; or 6
(c) for integration between sea or air transport and another transport 7
mode; or 8
(d) for a buffer between land required for a purpose mentioned in 9
paragraph (a), (b) or (c) and other land; 10
the authority may include details of the land, and the current and proposed 11
uses of the land, in a proposed land use plan or an amendment of a land use 12
plan. 13
`(2) The port authority must-- 14
(a) take reasonable steps to engage in public consultation about the 15
proposed land use plan or amendment; and 16
(b) consult with each local government in whose area land included 17
in the plan or amendment is situated. 18
`(3) However, consultation is not required-- 19
(a) for an amendment to remove land from the land use plan; or 20
(b) for land that already is strategic port land whose use is not to 21
change. 22
`(4) After discussing the matter with the port authority, the Minister may 23
return the proposed land use plan or amendment for amendment in the way 24
directed by the Minister. 25
`(5) A copy of the direction must be published in the Gazette within 26
21 days after it is given. 27
of land use plans 28
`Approval
`61S.(1) The Minister may approve a proposed land use plan, or an 29
amendment of a land use plan, if satisfied that-- 30
s5 18 s5
Transport Infrastructure Amendment
(a) the land included in the plan or amendment is or may be needed 1
for a use mentioned in section 61R(1) (Consultation on land use 2
plans); and 3
(b) the port authority has taken appropriate account of issues raised 4
by the public consultation; and 5
(c) no local government in whose area the land is situated has a 6
substantial objection to the proposed plan or amendment. 7
`(2) If the Minister is satisfied that any of the local governments has a 8
substantial objection, the Governor in Council may approve the proposed 9
land use plan or amendment if satisfied that, on balance, the approval 10
should be given. 11
`(3) Approval of a land use plan, or an amendment of a land use plan, 12
must be notified in the Gazette within 21 days after it is given. 13
`(4) The approval takes effect when it is notified in the Gazette. 14
`(5) Land included in a port authority's current approved land use plan is 15
its strategic port land. 16
port land not subject to zoning requirements 17
`Strategic
`61T. Strategic port land is not subject to the Local Government 18
(Planning and Environment) Act 1990. 19
of strategic port land to be consistent with approved land use 20
`Use
plan 21
`61U.(1) A port authority must not use its strategic port land in a way 22
that is inconsistent with its current land use plan. 23
`(2) However, the Minister may approve the use by the port authority of 24
part of its strategic port land for a specified time in a way that is inconsistent 25
with its current land use plan if-- 26
(a) the Minister is satisfied-- 27
(i) the authority has taken reasonable steps to engage in public 28
consultation about the proposed use; and 29
(ii) the authority has taken appropriate account of issues raised 30
s5 19 s5
Transport Infrastructure Amendment
by the public consultation; and 1
(iii) the authority has consulted with each local government in 2
whose area the land is situated; and 3
(iv) no local government in whose area the land is situated has a 4
substantial objection to the proposed use; or 5
(b) the Minister is satisfied that, because of urgent or exceptional 6
circumstances, engaging in the consultative process mentioned in 7
paragraph (a) before the use needs to begin would not be 8
practicable. 9
`(3) If an approval is given under subsection (2)(b)-- 10
(a) the Minister may direct the port authority to engage in the 11
consultative process mentioned in subsection (2)(a) about the use; 12
and 13
(b) if the Minister gives the direction and is later satisfied of the 14
matters mentioned in subsection (2)(a)--the approval under 15
subsection (2)(b) is taken to be approval under subsection (2)(a); 16
and 17
(c) if the Minister gives the direction and is not later satisfied of the 18
matters mentioned in subsection (2)(a)--the Minister may revoke 19
the approval. 20
`(4) If the Minister is satisfied that any of the local governments has a 21
substantial objection, the Governor in Council may approve the use by a 22
port authority of part of its strategic port land for a specified time in a way 23
that is inconsistent with its current land use plan if satisfied that, on balance, 24
the land should be able to be used in that way. 25
`(5) An approval under this section may be subject to conditions. 26
2--General 27
`Division
on dealing in property 28
`Restrictions
`61V.(1) A port authority must not, without the Minister's written 29
approval-- 30
(a) dispose of freehold land; or 31
s5 20 s5
Transport Infrastructure Amendment
(b) enter into a lease, licence or another form of tenure of its strategic 1
port land, or its port facilities, for longer than 25 years (including 2
any renewal option). 3
`(2) An approval may be subject to conditions. 4
`(3) A purported dealing in land or port facilities contrary to this section 5
has no effect. 6
ART 5--GENERAL 7
`P
from liability 8
`Protection
`61W.(1) In this section-- 9
"official" means a director of the Board of a port authority, an employee of 10
a port authority or a person acting for a port authority. 11
`(2) A regulation may provide that an official is not civilly liable for an 12
act or omission done honestly and without negligence for a port authority. 13
`(3) If subsection (2) prevents a civil liability attaching to an official, the 14
liability attaches instead to the port authority. 15
`(4) This section applies despite anything in the Government Owned 16
Corporations Act 1993. 17
on port activities outside port limits 18
`Carrying
`61X.(1) The Governor in Council may decide that port activities of a 19
substantial nature may be carried on at a place that is not a port managed by 20
a port authority, the State or a local government. 21
`(2) In this section-- 22
"port" does not include an airport. 23
24
`Offences
`61Y.(1) A person must not intentionally or recklessly-- 25
s5 21 s5
Transport Infrastructure Amendment
(a) damage a port authority's works or infrastructure; or 1
(b) interfere with or disrupt a port's operations; or 2
(c) dump refuse or goods at a port or into the waters of a port. 3
Maximum penalty--200 penalty units. 4
`(2) A person must not intentionally or recklessly evade the payment of a 5
port authority's charges. 6
Maximum penalty--200 penalty units. 7
`(3) A person must not carry on port activities of a substantial nature at a 8
place unless the place is in a port or a place where a decision under 9
section 61X (Carrying on port activities outside port limits) applies. 10
Maximum penalty--200 penalty units. 11
`(4) In subsection (3)-- 12
"port" does not include an airport. 13
of charges and interest on unpaid charges 14
`Payment
`61Z.(1) Charges of a port authority are payable within the time decided 15
by the authority. 16
`(2) If charges of a port authority remain unpaid after the day when they 17
are required to be paid, the authority may charge interest on the amount 18
unpaid at the rate decided by the authority. 19
`(3) A regulation may provide for exemptions from charges of a port 20
authority, but this section does not affect the power of a port authority to 21
exempt or partially exempt a person from charges of the authority. 22
provisions applying in relation to port authorities that 23
`Transitional
are candidate GOCs 24
`61ZA.(1) This section applies in relation to a port authority that is a 25
candidate GOC. 26
`(2) A regulation may prescribe matters about the administration and 27
operation of the port authority, including, for example, matters about-- 28
(a) the port authority's Board, chief executive officer and senior 29
s5 22 s5
Transport Infrastructure Amendment
management; and 1
(b) the port authority's powers; and 2
(c) the port authority's employees; and 3
(d) the port authority's superannuation schemes; and 4
(e) dealings with the port authority. 5
`(3) A regulation may prescribe transitional provisions about the port 6
authority and an entity to which its assets and liabilities are to be transferred 7
by a regulation under the Government Owned Corporations Act 1993. 8
`(4) The port authority is a statutory body for the purposes of the 9
Statutory Bodies Financial Arrangements Act 1982. 10
`(5) This section ceases to apply to the port authority when its assets and 11
liabilities are transferred to an entity by regulation under the Government 12
Owned Corporations Act 1993 or 18 months after it first applied to the 13
authority. 14
of rating Acts 15
`Application
`61ZB.(1) Strategic port land is rateable under the Local Government 16
Act 1993 or City of Brisbane Act 1924 only if the land is occupied by a 17
person other than a port authority, the State or another government entity 18
(within the meaning of the Government Owned Corporations Act 1993). 19
`(2) All other land occupied by a port authority is rateable under the 20
Local Government Act 1993 and City of Brisbane Act 1924. 21
at entrances 22
`Notices
`61ZC.(1) If-- 23
(a) a port authority erects or displays a notice at each entrance 24
commonly used by persons to gain access to its port; and 25
(b) the notice contains information about the port; and 26
(c) in a case where use of its port or facilities gives rise to a liability 27
for charges--the notice states this and indicates generally the 28
nature of the charges; and 29
s6 23 s6
Transport Infrastructure Amendment
(d) in a case where a contravention of a requirement of the notice is 1
an offence--the notice states this and indicates generally the 2
penalties that apply; and 3
(e) a person gains access to the port by using another entrance; 4
the person is taken to be aware of the information. 5
`(2) If-- 6
(a) a port authority erects or displays a notice at each entrance 7
commonly used by persons to gain access to its strategic port 8
land; and 9
(b) the notice contains information about the strategic port land; and 10
(c) in a case where use of its strategic port land or facilities gives rise 11
to a liability for charges--the notice states this and indicates 12
generally the nature of the charges; and 13
(d) in a case where a contravention of a requirement of the notice is 14
an offence--the notice states this and indicates generally the 15
penalties that apply; and 16
(e) a person gains access to the strategic port land by using another 17
entrance; 18
the person is taken to be aware of the information.'. 19
of new ss 65A and 65B 20
Insertion
6. After section 65-- 21
insert-- 22
for offences 23
`Proceedings
`65A.(1) An offence against this Act is a summary offence. 24
`(2) A proceeding for an offence must start-- 25
(a) within 1 year after the commission of the offence; or 26
(b) within 6 months after the offence comes to the complainant's 27
knowledge, but within 2 years after the commission of the 28
offence. 29
s7 24 s 10
Transport Infrastructure Amendment
to commit offences 1
`Attempts
`65B.(1) A person must not attempt to commit an offence against this 2
Act. 3
Maximum penalty--half the maximum penalty for committing the offence. 4
`(2) Section 4 (Attempts to commit offences) of the Criminal Code 5
applies to subsection (1).'. 6
of Ch 7, heading 7
Amendment
7. Chapter 7, heading, `AND AMENDMENTS OF OTHER ACTS'-- 8
omit, insert-- 9
`, AMENDMENTS AND REPEALS'. 10
of Ch 7, Pt 1, heading 11
Amendment
8. Chapter 7, Part 1, heading, after `PROVISIONS'-- 12
insert-- 13
`ABOUT ROADS'. 14
of s 70 (Definitions) 15
Amendment
9.(1) Section 70, heading-- 16
omit, insert-- 17
`Definition'. 18
(2) Section 70, `Chapter'-- 19
omit, insert-- 20
`Part'. 21
of Ch 7, new Pts 2 and 3 22
Insertion
10. Chapter 7-- 23
insert-- 24
s 10 25 s 10
Transport Infrastructure Amendment
`PART 2--SAVINGS AND TRANSITIONAL 1
PROVISIONS ABOUT PORTS 2
3
`Interpretation
`90.(1) In this Part-- 4
"GOC port authority" means a port authority that is a GOC; 5
"predecessor" of a GOC port authority means the entity whose assets and 6
liabilities were transferred to the authority by a regulation under the 7
Government Owned Corporations Act 1993. 8
`(2) This section expires 2 years after it commences or, if an earlier date 9
is prescribed by regulation, on that date. 10
of harbours under Harbours Act or port under Port of 11
`Continuation
Brisbane Authority Act etc. 12
`91.(1) Each harbour whose limits were defined under the Harbours 13
Act 1955, and the port whose limits were defined under the Port of 14
Brisbane Authority Act 1976, are taken to be ports under this Act with the 15
same limits. 16
`(2) On the commencement, the areas mentioned in section 15(1) of the 17
Gold Coast Waterways Authority Act Repeal Act 1990 are to be managed 18
for the State by the Minister. 19
`(3) This section expires 2 years after it commences or, if an earlier date 20
is prescribed by regulation, on that date. 21
of port authorities 22
`Ports
`92.(1) A GOC port authority is responsible for the management of each 23
port that was, immediately before the commencement, being managed by 24
its predecessor. 25
`(2) A port authority that is not a GOC is responsible for the 26
management of each port for which it was responsible immediately before 27
the commencement. 28
`(3) This section expires 1 month after it commences. 29
s 10 26 s 10
Transport Infrastructure Amendment
funds 1
`Airport
`93.(1) This section applies to-- 2
(a) the funds created by section 14 of the Cairns Airport Act 1981, 3
and any funds created under section 17 of that Act; and 4
(b) the funds created by section 12 of the Mackay Airport Act 1989, 5
and any funds created under section 15 of that Act. 6
`(2) Amounts standing, at the commencement, to the credit of a fund 7
kept by a port authority come under the direct control of the authority. 8
`(3) This section expires on the commencement. 9
under Harbours Act or Port of Brisbane Authority Act 10
`Funds
`94.(1) Amounts standing, at the commencement, to the credit of a fund 11
kept by a port authority under Part 6 of the Harbours Act 1955 or Part 3, 12
Division 1 of the Port of Brisbane Authority Act 1976 come under the 13
direct control of the authority. 14
`(2) Until a regulation provides otherwise-- 15
(a) an amount standing, at the commencement, to the credit of the 16
Harbours Corporation Fund for the boat harbours of Bowen, 17
Mooloolaba, Rosslyn Bay, Snapper Creek and Urangan is to 18
remain in the fund and is to be managed for the boat harbours by 19
the Minister; and 20
(b) income and expenses of the boat harbours must be paid into or 21
out of the fund. 22
`(3) Other amounts standing, at the commencement, to the credit of the 23
Harbours Corporation Fund must be paid to the Consolidated Fund. 24
`(4) Subsections (1) and (3) and this subsection expire 1 month after they 25
commence. 26
`(5) Subsection (2) and this subsection expire 2 years after they 27
commence or, if an earlier date is prescribed by regulation, on that date. 28
s 10 27 s 10
Transport Infrastructure Amendment
arbour dues 1
`H
`95.(1) Any harbour dues chargeable by or payable to a port authority or 2
a predecessor of a GOC port authority under the Harbours Act 1955 or 3
Port of Brisbane Authority Act 1976 become charges of the port authority 4
or GOC port authority on the commencement and, unless the port authority 5
or GOC port authority resolves otherwise, are chargeable or payable at the 6
same rates and in the same way as they were immediately before the 7
commencement. 8
`(2) This section expires 1 year after it commences. 9
of certain boat harbours 10
`Management
`96.(1) Until a regulation provides otherwise, the boat harbours of 11
Bowen, Mooloolaba, Rosslyn Bay, Snapper Creek and Urangan are to be 12
managed for the State by the Minister. 13
`(2) This section expires 2 years after it commences or, if an earlier date 14
is prescribed by regulation, on that date. 15
and industrial lands 16
`Harbour
`97.(1) Land held by a port authority that, immediately before the 17
commencement, was harbour or industrial lands under the Harbours 18
Act 1955 continues to be harbour lands or industrial lands until the 19
authority's first land use plan is approved. 20
`(2) If a regulation would apply to a port authority's strategic port land, 21
the regulation applies also to the authority's land to which subsection (1) 22
applies. 23
`(3) Land that continues to be harbour lands under this section is rateable 24
under the Local Government Act 1993 or City of Brisbane Act 1924 only if 25
the land is occupied by a person other than a port authority, the State or 26
another government entity (within the meaning of the Government Owned 27
Corporations Act 1993). 28
`(4) Land that continues to be industrial lands under this section is 29
rateable under the Local Government Act 1993 and City of Brisbane 30
Act 1924. 31
`(5) This section expires 2 years after it commences. 32
s 10 28 s 10
Transport Infrastructure Amendment
of land use plans 1
`Submission
`98.(1) Each port authority must submit a proposed land use plan for 2
approval under section 61S (Approval of land use plans) within 1 year after 3
the commencement or any further time (not longer than 6 months) allowed 4
by the Minister. 5
`(2) If a port authority does not submit a proposed land use plan as 6
required by subsection (1), section 97 (Harbour and industrial lands) ceases 7
to apply to the authority's land. 8
`(3) This section expires 2 years after it commences. 9
Corporation of Queensland 10
`Harbours
`99.(1) All assets and liabilities of the Harbours Corporation of 11
Queensland remaining after the commencement of the Harbours 12
Amendment Act (No. 2) 1993 and existing at the commencement become, 13
on the commencement, assets and liabilities of the State. 14
`(2) The assets and liabilities are to be managed by the Minister or as 15
otherwise decided by the Governor in Council. 16
`(3) For the purpose of managing the assets and liabilities, the Governor 17
in Council may decide that powers mentioned in section 64 or 196 of the 18
Harbours Act 1955 as in force immediately before the commencement may 19
be exercised for the State by a person specified by the Governor in Council. 20
`(4) The following by-laws under the Harbours Act 1955, as well as any 21
definitions in the Act relevant to the by-laws, continue to have effect-- 22
· Bowen Harbour Board By-law 1977, by-laws 1, 2, 9 and 10 23
· Gold Coast Waterways Authority By-law 1980, Chapters 1 to 3, 7 24
and 10 to 18 25
· Houseboats By-law 1978 26
· Mooloolaba Boat Harbour By-law 1976 27
· Rosslyn Bay Boat Harbour By-law 1980 28
· Snapper Creek and Urangan Boat Harbours By-law 1976 29
· Vessel, Wharf or Cargo Nuisances By-law 1988. 30
`(5) For the purpose of the continuing effect of a by-law mentioned in 31
s 10 29 s 10
Transport Infrastructure Amendment
subsection (4), a reference in the Act or by-law to an authorised person or 1
officer is a reference to-- 2
(a) a person who, immediately before the commencement, was an 3
authorised person or officer under the by-law; or 4
(b) a person authorised by the Minister. 5
`(6) Subsections (4) and (5) have effect despite the repeal of the 6
Harbours Act 1955. 7
`(7) A legal proceeding by or against the Harbours Corporation of 8
Queensland about assets or liabilities mentioned in this section that is 9
unfinished at the commencement may be continued and finished by or 10
against the State. 11
`(8) This section expires 2 years after it commences or, if an earlier date 12
is prescribed by regulation, on that date. 13
Sugar Corporation funds 14
`Queensland
`100.(1) Amounts standing, at the commencement, to the credit of a fund 15
kept by the Queensland Sugar Corporation under section 180 of the 16
Harbours Act 1955 must be paid to the Queensland Sugar Corporation. 17
`(2) This section expires 1 month after it commences. 18
of Inscribed Stock Regulations 19
`Continuation
`101.(1) The following regulations under the Port of Brisbane Authority 20
Act 1976 or Harbours Act 1955, as well as any definitions in the Acts 21
relevant to the regulations, continue to have effect for inscribed stock or 22
debentures issued under the regulations before the commencement-- 23
· Port of Brisbane Authority Inscribed Stock and Debt Redemption 24
Fund Regulation 1981 25
· Harbour Board Inscribed Stock Regulation 1987. 26
`(2) Subsection (1) has effect despite the repeal of the Acts mentioned in 27
the subsection. 28
`(3) This section expires on a date to be fixed by regulation. 29
s 10 30 s 10
Transport Infrastructure Amendment
of certain by-laws 1
`Continuation
`102.(1) The Marine Land Dredging By-law 1987, as well as any 2
definitions in the Harbours Act 1955 relevant to the by-law, continue to 3
have effect. 4
`(2) The by-law has effect as if-- 5
(a) a reference to the Harbours Corporation, the Director, or the 6
Department of Harbours and Marine, were a reference to the chief 7
executive of the department; and 8
(b) the definition of "marine land" in by-law 4 were amended by 9
omitting `for which no Harbour Board is constituted'. 10
`(3) A permit issued under the by-law about the removal of extractive 11
material (within the meaning of Chapter 5A--Port infrastructure) that was 12
in force immediately before the commencement continues to have effect as 13
if it had been issued under the by-law as continued in effect by this section. 14
`(4) The terms that applied to the permit immediately before the 15
commencement continue to apply. 16
`(5) The Minister may delegate to an officer of the public service or a 17
port authority a power that the Minister has under subsection (1). 18
`(6) The following by-laws under the Harbours Act 1955 or Port of 19
Brisbane Authority Act 1976, as well as any definitions in the Acts relevant 20
to the by-laws, continue to have effect-- 21
· a by-law about the habitation of houseboats or other vessels 22
· a by-law about a vessel, wharf or cargo nuisances. 23
`(7) By-laws under the Cairns Airport Act 1981, Harbours Act 1955 or 24
Mackay Airport Act 1989 for the Cairns Port Authority, Townsville Port 25
Authority or Mackay Port Authority about parking and the regulation of 26
vehicular traffic continue to have effect. 27
`(8) For the purpose of the continuing effect of a by-law mentioned in 28
this section, a reference in the by-law to an authorised person or officer is a 29
reference to-- 30
(a) a person who, immediately before the commencement, was an 31
authorised person or officer under the by-laws; or 32
(b) a person authorised by the relevant port authority. 33
s 10 31 s 10
Transport Infrastructure Amendment
`(9) This section has effect despite the repeal of the following Acts-- 1
· Cairns Airport Act 1981 2
· Harbours Act 1955 3
· Mackay Airport Act 1989 4
· Port of Brisbane Authority Act 1976. 5
`(10) This section expires 2 years after it commences or, if an earlier date 6
is prescribed by regulation, on that date. 7
of certain provisions of Harbours Act about land 8
`Continuation
`103.(1) The following provisions of the Harbours Act 1955 continue to 9
have effect-- 10
· section 64A (Leases of vacant Crown land below high water 11
mark) 12
· section 77 (Foreshores etc. the property of the Crown) 13
· section 78 (Saving of rights of the Crown to foreshore where land 14
raised by the construction of harbour works) 15
· section 79 (With certain exceptions land lying below high water 16
mark not to be transferred) 17
· section 80 (Special lease of lands lying below high water mark) 18
· section 94 (Issue of perpetual lease etc. of reclaimed land) 19
· section 94A (Harbour Board may obtain fee simple of certain 20
reclaimed land) 21
· section 95(1) (Land reclaimed to be under control of local 22
authority) 23
· section 97 (Existing rights protected) 24
· section 97A (Inundated land) 25
· any definitions relevant to the provisions. 26
`(2) The provisions mentioned in subsection (1) continue to have effect, 27
but the lease entered into between the State and Queensland Alumina 28
Limited on 30 October 1970 under section 64A of the Harbours Act 1955 29
s 10 32 s 10
Transport Infrastructure Amendment
has effect, subject to any agreement between the parties to the lease, as if-- 1
(a) the parties to the lease were the Gladstone Port Authority and 2
Queensland Alumina Limited; and 3
(b) references in the lease to the Minister were references to the 4
Gladstone Port Authority. 5
`(3) This section has effect despite the repeal of the Harbours Act 1955. 6
`(4) This section expires 2 years after it commences or, if an earlier date 7
is prescribed by regulation, on that date. 8
of certain provisions of Harbours Act about jetties and 9
`Continuation
ramps etc. 10
`104.(1) The following provisions of the Harbours Act 1955 and 11
regulations under that Act continue to have effect-- 12
· section 81 (Power to lease lands to Harbour Boards etc.) 13
· section 88 (Provision for preventing deviation of certain works 14
without consent of Governor in Council) 15
· section 140 (Management of Government wharf may be vested 16
in Harbour Board etc.) 17
· section 142(3) (Lands vested in Board) 18
· Barrier Reef Island Jetty Regulation 1971 19
· Boat Ramp Regulation 1972 20
· Fishermen's Jetty Rockhampton Regulation 1972 21
· Heron Island Boat Harbour Regulation 1970 22
· any definitions in the Act relevant to the provisions or regulations. 23
`(2) Section 64 (other than 64(8)) (Power of Harbour Board to lease 24
lands and grant licences and permits to occupy lands) of the Harbours 25
Act 1955, as well as any definitions in that Act relevant to the section, 26
continue to have effect for land that, immediately before the 27
commencement, was vested in the control of a harbour board under 28
section 81(4) of the Harbours Act 1955 or that, after the commencement, 29
become vested in the control of a port authority under that subsection as 30
continued in effect and become strategic port land. 31
s 10 33 s 10
Transport Infrastructure Amendment
`(3) This section has effect despite the repeal of the Harbours Act 1955. 1
`(4) This section expires 2 years after it commences or, if an earlier date 2
is prescribed by regulation, on that date. 3
`(5) However, a regulation made within 2 years after the section 4
commences may extend the operation of the section (other than 5
subsection (1)) for a specified period (not longer than 5 years after the 6
commencement). 7
`(6) If the operation of this section (other than subsection (1)) is extended 8
for a period under subsection (5), it expires at the end of the period. 9
of certain provisions of Harbours Act requiring 10
`Continuation
approval for certain matters 11
`105.(1) The following provisions of the Harbours Act 1955 and 12
regulations under that Act continue to have effect-- 13
· section 59(3) to (6) (Power of Harbour Board to construct 14
harbour works etc.) 15
· section 67 (other than subsection (2)) (Removal of certain 16
materials from Queensland waters) 17
· section 86 (Works on tidal lands or waters etc. not to be 18
constructed without sanction of Governor in Council) 19
· section 89 (Powers of Minister in respect of works) 20
· section 90 (Minister may employ engineers etc. to abate works) 21
· section 91 (Reclamations etc. to be authorised) 22
· section 92 (Application for authority to reclaim) 23
· section 93 (Regulations in relation to reclamations) 24
· Construction of Harbour Works (Fees) Regulation 1992 25
· Harbours (Reclamation of Land) Regulation 1979 26
· any definitions in the Act relevant to the provisions or regulations. 27
`(2) The provisions and regulations mentioned in subsection (1) continue 28
to have effect as if-- 29
(a) references to the Governor in Council were references to the 30
s 10 34 s 10
Transport Infrastructure Amendment
Minister; and 1
(b) references to an order in council were references to a decision of 2
the Minister. 3
`(3) The Minister may delegate to an officer of the public service or a 4
port authority a power under section 67 of the Harbours Act 1955 that the 5
Minister has under subsection (1). 6
`(4) The Minister may delegate to an officer of the public service, a port 7
authority or a local government a power under section 86 of the Harbours 8
Act 1955 that the Minister has under subsection (1). 9
`(5) Section 59(3) to (6) of the Harbours Act 1955 has effect as if 10
references in the provisions to powers under subsection (1) were references 11
to powers of the relevant port authority. 12
`(6) Section 67 of the Harbours Act 1955 has effect as if-- 13
(a) references to a harbour board or the Harbours Corporation were a 14
reference to the chief executive of the department; and 15
(b) subsection (2A) were amended by omitting `subsection (2)' and 16
substituting `the Marine Land Dredging By-law 1987'. 17
`(7) This section has effect despite the repeal of the Harbours Act 1955. 18
`(8) This section expires 2 years after it commences or, if an earlier date 19
is prescribed by regulation, on that date. 20
of certain provisions of Harbours Act about 21
`Continuation
Queensland Sugar Corporation 22
`106.(1) The following provisions of the Harbours Act 1955 continue to 23
have effect-- 24
· section 177(2) (Power of the Queensland Sugar Corporation to 25
appoint officers etc.) 26
· section 178 (Power of delegation by the Queensland Sugar 27
Corporation) 28
· any definitions relevant to the provisions. 29
`(2) Section 178 has effect as if `, with the prior approval of the Minister' 30
were omitted from subsection (1). 31
s 10 35 s 10
Transport Infrastructure Amendment
`(3) This section has effect despite the repeal of the Harbours Act 1955. 1
`(4) This section expires 2 years after it commences or, if an earlier date 2
is prescribed by regulation, on that date. 3
of s 62A of Harbours Act 4
`Continuation
`107.(1) Section 62A of the Harbours Act 1955, as well as any 5
definitions in that Act relevant to the section, continue to apply to land of a 6
port authority to which section 97 (Harbour and industrial lands) applies 7
until the first land use plan of the authority is approved. 8
`(2) This section has effect despite the repeal of the Harbours Act 1955. 9
`(3) This section expires 2 years after it commences. 10
of Pt 5, Div 2 of Port of Brisbane Authority Act 11
`Continuation
`108.(1) Part 5, Division 2 of the Port of Brisbane Authority Act 1976, 12
as well as any definitions in the Act relevant to the Division, continue to 13
apply to leases for which compensation could be claimed under the 14
Division. 15
`(2) This section has effect despite the repeal of the Port of Brisbane 16
Authority Act 1976. 17
`(3) This section expires on a date to be fixed by regulation. 18
and licences under s 65 of Harbours Act 19
`Leases
`109.(1) If-- 20
(a) immediately before the commencement, a lease or licence under 21
section 65 of the Harbours Act 1955 was in force; and 22
(b) the lease or licence required the approval of the Minister for-- 23
(i) a change of use for a lease or licence for a term of not more 24
than 25 years (including any renewal option); or 25
(ii) an assignment or a subletting or sublicensing; 26
the approval of the Minister is no longer required for the purpose. 27
`(2) This section expires on the day on which it commences. 28
s 10 36 s 10
Transport Infrastructure Amendment
mentioned in Harbours Acts Amendment Act 1968 1
`Lease
`110.(1) The lease mentioned in the Harbours Acts Amendment Act 1968 2
between the State and Queensland Alumina Limited has effect, subject to 3
any agreement between the parties to the lease, as if-- 4
(a) the parties to the lease were the Gladstone Port Authority and 5
Queensland Alumina Limited; and 6
(b) references in the lease to the Minister were references to the 7
Gladstone Port Authority. 8
`(2) This section expires on the day on which it commences. 9
10
`Delegations
`111.(1) If-- 11
(a) a person could exercise a power for the predecessor of a GOC 12
port authority immediately before the commencement; and 13
(b) on the commencement, the authority has the same or a similar 14
power; 15
the person can continue to exercise the power for the authority as if it had 16
been delegated to the person by the authority. 17
`(2) If-- 18
(a) a person could exercise a power for a port authority that is not a 19
GOC immediately before the commencement; and 20
(b) on the commencement the authority has the same or a similar 21
power; 22
the person can continue to exercise the power for the authority as if it had 23
been delegated to the person by the authority. 24
`(3) This section expires 3 months after it commences. 25
transitional provisions for former Ports Corporation of 26
`Special
Queensland employees 27
`112.(1) This section applies to a person who, immediately before the 28
commencement, was a transferred employee within the meaning of Part 11 29
s 10 37 s 10
Transport Infrastructure Amendment
(Transitional Provisions About the Establishment of the Ports Corporation) 1
of the Harbours Act 1955. 2
`(2) The person may elect to become an officer of the public service 3
within 1 year after the commencement. 4
`(3) If the person becomes an officer of the public service under 5
subsection (2)-- 6
(a) the person's initial terms of employment must not be less 7
favourable than the terms of employment that applied to the 8
person on 31 December 1993; and 9
(b) for superannuation and leave entitlements, the person is treated 10
as-- 11
(i) not having left the public service when the person became an 12
employee of the Ports Corporation; and 13
(ii) having afterwards continued to be an officer of the public 14
service. 15
`(4) This section expires 1 year after it commences. 16
of s 20A, Acts Interpretation Act to this Part 17
`Application
`113.(1) This Part is a law to which section 20A of the Acts 18
Interpretation Act 1954 applies. 19
`(2) This section expires 2 years after it commences. 20
ART 3--GENERAL SAVINGS AND 21
`P
TRANSITIONAL PROVISIONS 22
1--Transition of references about roads 23
`Division
of Division 24
`Application
`114. This Division applies to references in Acts in existence at its 25
commencement. 26
s 10 38 s 10
Transport Infrastructure Amendment
Infrastructure (Roads) Act 1991 references 1
`Transport
`115. A reference to the Transport Infrastructure (Roads) Act 1991 is 2
taken to be a reference to this Act. 3
Roads Act 1920 references 4
`Main
`116. A reference to the Main Roads Act 1920 is taken to be a reference 5
to the Transport Infrastructure (Roads) Act 1991, this Act or both, as the 6
case requires. 7
of Main Roads references 8
`Commissioner
`117. A reference to the Commissioner of Main Roads (either as a 9
natural person or corporation sole) is taken to be a reference to the chief 10
executive. 11
road references 12
`Declared
`118.(1) A reference to a declared road under the Main Roads Act 1920 13
is taken to be a reference to a State-controlled road under this Act. 14
`(2) A reference to a declared road under the Transport Infrastructure 15
(Roads) Act 1991 is taken to be a reference to a State-controlled road under 16
this Act. 17
references 18
`Motorway
`119. A reference to a motorway under the Transport Infrastructure 19
(Roads) Act 1991 is taken to be a reference to a motorway under this Act. 20
Roads Fund references 21
`Main
`120. A reference to the Main Roads Fund is taken to be a reference to 22
the funds of the department. 23
`Division 2--Transition of references about ports 24
s 10 39 s 10
Transport Infrastructure Amendment
of Division 1
`Application
`121. This Division applies to references in Acts in existence at its 2
commencement. 3
Act 1955 and Port of Brisbane Authority Act 1976 4
`Harbours
references 5
`122. A reference to the Harbours Act 1955 or Port of Brisbane 6
Authority Act 1976 is taken to be a reference to this Act. 7
board references 8
`Harbour
`123.(1) A reference to a harbour board is taken to be a reference to a 9
port authority under this Act. 10
`(2) A reference to the Port of Brisbane Authority is taken to be a 11
reference to the Port of Brisbane Corporation. 12
references 13
`Harbour
`124. A reference to a harbour is taken to be a reference to a port under 14
this Act. 15
Corporation and Harbours Trust references 16
`Harbours
`125.(1) A reference to the Harbours Corporation or Harbours Trust is 17
taken to be a reference to-- 18
(a) for a port to which subsection (2) applies or for the Aurukun 19
Associates Agreement Act 1975--the Ports Corporation of 20
Queensland; or 21
(b) in any other case--the State. 22
`(2) This subsection applies to the following ports-- 23
· Abbot Point 24
· Burketown 25
· Cape Flattery 26
s 10 40 s 10
Transport Infrastructure Amendment
· Cooktown 1
· Hay Point 2
· Innisfail 3
· Karumba 4
· Lucinda 5
· Margaret Bay 6
· Maryborough 7
· Port Kennedy 8
· Quintell Beach 9
· St Lawrence 10
· Weipa. 11
Coast Waterways Authority references 12
`Gold
`126. A reference to the Gold Coast Waterways Authority is taken to be 13
a reference to the State. 14
`Division 3--Transition of references about railways 15
of Division 16
`Application
`127. This Division applies to references in Acts (other than the 17
Transport Infrastructure (Railways) Act 1991) in existence at its 18
commencement. 19
Act 1914 references 20
`Railways
`128. A reference to the Railways Act 1914 is taken to be a reference to 21
the Transport Infrastructure (Railways) Act 1991. 22
for Railways references 23
`Commissioner
`129. A reference to the Commissioner for Railways is taken to be a 24
s 11 41 s 15
Transport Infrastructure Amendment
reference to-- 1
(a) for the Commissioner as a corporation sole--Queensland 2
Railways; or 3
(b) for the Commissioner as an individual--the chief executive of 4
Queensland Railways. 5
Department references 6
`Railways
`130. A reference to the Railways Department is taken to be a reference 7
to Queensland Railways. 8
4--General 9
`Division
of s 32A, Acts Interpretation Act 10
`Application
`131. To remove any doubt, the provisions of Divisions 1 to 3 are 11
definitions for the purposes of section 32A of the Acts Interpretation 12
Act 1954.'. 13
of Ch 7, Pt 2 14
Renumbering
11. Chapter 7, Part 2-- 15
renumber as Chapter 7, Part 4. 16
of s 90 17
Renumbering
12. Section 90-- 18
renumber as section 129. 19
of Sch 3 20
Amendment
13.(1) Schedule 3, amendments of Harbours Act 1955-- 21
omit. 22
(2) Schedule 3, amendments of Transport Infrastructure (Roads) 23
Act 1991-- 24
s 11 42 s 15
Transport Infrastructure Amendment
insert-- 1
`2A. Section 2.5-- 2
omit.'. 3
of other Acts 4
Amendments
14. The Acts mentioned in Schedule 1 are amended as specified in the 5
Schedule. 6
7
Repeals
15. The Acts mentioned in Schedule 2 are repealed. 8
9
43
Transport Infrastructure Amendment
CHEDULE 1 1
¡S
AMENDMENT OF ACTS 2
section 14 3
TRANSPORT INFRASTRUCTURE (RAILWAYS) 4
´
ACT 1991 5
1. Section 91-- 6
omit. 7
TRANSPORT INFRASTRUCTURE (ROADS) ACT 1991 8
´
1. Part 2, Division 3-- 9
omit. 10
2. Schedule 3, clauses 4, 5 and 12-- 11
omit. 12
RANSPORT PLANNING AND COORDINATION 13
´T
ACT 1994 14
1. Section 12(2), after `means a GOC'-- 15
insert-- 16
`or a candidate GOC'. 17
18
44
Transport Infrastructure Amendment
CHEDULE 2 1
¡S
CTS REPEALED 2
A
section 15 3
Cairns Airport Act 1981 No. 55 4
Gold Coast Waterways Authority Act Repeal Act 1990 No. 32 5
Harbour Boards Acts Amendment Act 1941 6 Geo 6 No. 9 6
Harbour Boards Acts Amendment Act 1951 15 Geo 6 No. 17 7
Harbours Act 1955 4 Eliz 2 No. 40 8
Harbours Act Amendment Act 1956 5 Eliz 2 No. 14 9
Harbours Act Amendment Act 1976 No. 42 10
Harbours Act Amendment Act 1978 No. 81 11
Harbours Act Amendment Act 1980 No. 30 12
Harbours Act and Other Acts Amendment Act 1982 No. 14 13
Harbours Act and Other Acts Amendment Act 1987 No. 63 14
Harbours Act and Other Acts Amendment Act 1989 No. 44 15
Harbours Acts Amendment Act 1959 8 Eliz 2 No. 11 16
Harbours Acts Amendment Act 1962 11 Eliz 2 No. 8 17
Harbours Acts Amendment Act 1963 No. 19 18
Harbours Acts Amendment Act 1964 No. 30 19
Harbours Acts Amendment Act 1966 No. 29 20
Harbours Acts Amendment Act 1968 No. 10 21
Harbours Amendment Act 1993 No. 4 22
Harbours Amendment Act 1993 No. 73 23
Mackay Airport Act 1989 No. 82 24
45
Transport Infrastructure Amendment
SCHEDULE 2 (continued)
Port of Brisbane Authority Act 1976 No. 51 1
Port of Brisbane Authority Act Amendment Act 1979 No. 56 2
Port of Brisbane Authority Act Amendment Act 1986 No. 39 3
Rockhampton Harbour Board and the Council of the City of Rockhampton 4
Act 1960 9 Eliz 2 No. 10 5
State Development and Public Works Organization Act and Other Acts 6
Amendment Act 1979 No. 26 7
8
© State of Queensland 1994
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