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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Transport Infrastructure and
Other Legislation Amendment
Bill 2005
Queensland
Transport Infrastructure and Other
Legislation Amendment Bill 2005
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Part 2 Amendment of Maritime Safety Queensland Act 2002
3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Amendment of s 8 (Functions and powers of MSQ). . . . . . . . . . . 6
Part 3 Amendment of Transport Infrastructure Act 1994
5 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
6 Amendment of s 188 (Power to stop rolling stock or vehicle that
may be entered or opened) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
7 Amendment of ch 8 hdg (Port infrastructure) . . . . . . . . . . . . . . . . 7
8 Amendment of s 267 (Definitions for chapter) . . . . . . . . . . . . . . . 7
9 Insertion of new s 267A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
267A Meaning of port facilities. . . . . . . . . . . . . . . . . . . . . . . 8
10 Amendment of s 275 (Functions of port authorities) . . . . . . . . . . 8
11 Replacement of ss 279283. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Part 3A Liability for, and recovery of, charges and
expenses
279 Port authority may impose a charge. . . . . . . . . . . . . . 9
280 Liability for a charge in relation to a ship . . . . . . . . . . 9
281 Liability for a charge in relation to an aircraft . . . . . . . 9
281A Liability for a charge in relation to goods . . . . . . . . . . 10
281B Liability for a charge in relation to passengers . . . . . . 10
281C Payment of a charge and interest on an unpaid
charge .............................. 11
281D Liability for movement of ships, aircraft, vehicles,
goods or rolling stock . . . . . . . . . . . . . . . . . . . . . . . . . 11
2
Transport Infrastructure and Other Legislation
Amendment Bill 2005
281E Liability for damage to port authority's port facilities. . 12
281F Security for payment of charges and potential
liabilities .............................. 13
Part 3B Control of activities at ports
Division 1 Port notices
282 Port authority may control activities by port notice . . . 14
282A Port notice--movement or mooring of, or activities
on or by, ships . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
282B Port notice--aircraft parking. . . . . . . . . . . . . . . . . . . . 15
282C Port notice--movement, handling or storage of
goods ............................... 15
282D Port notice--movement of persons . . . . . . . . . . . . . . 15
282E Port notice--parking or stopping of vehicles . . . . . . . 16
282F Port notice--movement, stopping or parking of
rolling stock ............................. 16
282G Display or publication of port notices . . . . . . . . . . . . . 16
282H Port notice may refer to documents held by port
authority ............................... 17
282I Port notices generally . . . . . . . . . . . . . . . . . . . . . . . . . 18
282J Offence of not complying with a port notice . . . . . . . . 19
Division 2 Authorised officers
282K Appointment and qualifications of authorised
officers ............................. 19
282L Appointment conditions and limit on powers . . . . . . . 20
282M Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . 20
282N Production or display of identity card . . . . . . . . . . . . . 20
282O When authorised officer ceases to hold office . . . . . . 21
282P Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . 21
Division 3 Directions
282Q Authorised officer may give directions . . . . . . . . . . . . 21
282R If a person does not comply with a direction . . . . . . . 23
282S Offence of not complying with a direction. . . . . . . . . . 24
Division 4 Moving contravening property
282T Moving contravening property . . . . . . . . . . . . . . . . . . 24
Division 5 Other powers and offences
283 Power to require name and address . . . . . . . . . . . . . 26
283A Inspection of documents . . . . . . . . . . . . . . . . . . . . . . 27
3
Transport Infrastructure and Other Legislation
Amendment Bill 2005
283B Inspection of ships, aircraft, vehicles, rolling stock
and goods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
283C Obstructing authorised officer . . . . . . . . . . . . . . . . . . 28
283D False or misleading statement . . . . . . . . . . . . . . . . . . 28
283E False or misleading document . . . . . . . . . . . . . . . . . . 28
283F Impersonating an authorised officer . . . . . . . . . . . . . . 29
283G Conduct causing public nuisance . . . . . . . . . . . . . . . . 29
283H Interfering with port notices . . . . . . . . . . . . . . . . . . . . 29
12 Replacement of ss 284 and 285. . . . . . . . . . . . . . . . . . . . . . . . . . 29
284 Definitions for div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
285 Land use plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
285A Statement of proposal for preparation of a land use
plan or amendment of a plan . . . . . . . . . . . . . . . . . . . 31
285B Draft plan for preparation of a land use plan or
amendment of a plan . . . . . . . . . . . . . . . . . . . . . . . . . 32
285C Consultation on statement of proposal or draft plan. . 33
285D Directions by Minister for amendment of draft plan . . 33
13 Amendment of s 286 (Approval of land use plans). . . . . . . . . . . . 33
14 Insertion of new ch 8, pts 4A and 4B . . . . . . . . . . . . . . . . . . . . . . 34
Part 4A Port approvals
289A Application of pt 4A . . . . . . . . . . . . . . . . . . . . . . . . . . 35
289B Definitions for pt 4A . . . . . . . . . . . . . . . . . . . . . . . . . . 35
289C Application for approval . . . . . . . . . . . . . . . . . . . . . . . 35
289D Port authority may grant approval, with or without
conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
289E Change of conditions on an approval . . . . . . . . . . . . . 36
289F Decision by port authority in relation to approval . . . . 36
289G Review of and appeals against decisions. . . . . . . . . . 37
Part 4B Disposal of abandoned property
289H Definitions for pt 4B . . . . . . . . . . . . . . . . . . . . . . . . . . 38
289I Reasonable steps must be taken to find owner . . . . . 39
289J A person may claim property . . . . . . . . . . . . . . . . . . . 40
289K If property not claimed . . . . . . . . . . . . . . . . . . . . . . . . 40
289L Sale of perishable property . . . . . . . . . . . . . . . . . . . . 40
289M Proceeds from the sale of abandoned property . . . . . 40
289N Abandoned property of no value . . . . . . . . . . . . . . . . 41
15 Omission of s 293 (Payment of charges and interest on unpaid
charges) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
4
Transport Infrastructure and Other Legislation
Amendment Bill 2005
16 Insertion of new ch 18, pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Part 5 Transitional provisions for the Transport
Infrastructure and Other Legislation
Amendment Act 2005
532 Definitions for pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
533 Approvals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
534 Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
535 Land use plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
536 Detained property. . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
537 Notices in the form of official traffic signs . . . . . . . . . . 44
538 Things done under re-enacted provision . . . . . . . . . . 44
17 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 44
Part 4 Amendment of Transport Operations (Marine Safety) Act
1994
18 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
19 Amendment of s 3 (Objectives of this Act) . . . . . . . . . . . . . . . . . . 46
20 Amendment of s 29 (Achieving an appropriate balance
between safety and cost) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
21 Amendment of s 197 (Proceedings for indictable offences) . . . . . 47
22 Amendment of s 218 (Other matters for regulations) . . . . . . . . . . 47
2005
A Bill
for
An Act to amend the Transport Infrastructure Act 1994, and for
other purposes
s1 6 s4
Transport Infrastructure and Other Legislation
Amendment Bill 2005
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Transport Infrastructure and 4
Other Legislation Amendment Act 2005. 5
Clause 2 Commencement 6
Part 3 commences on a day to be fixed by proclamation. 7
Part 2 Amendment of Maritime Safety 8
Queensland Act 2002 9
Clause 3 Act amended in pt 2 10
This part amends the Maritime Safety Queensland Act 2002. 11
Clause 4 Amendment of s 8 (Functions and powers of MSQ) 12
Section 8(1)(a)-- 13
insert-- 14
`(ix) to monitor and manage the operation and activities 15
of ships in Queensland waters;'. 16
s5 7 s9
Transport Infrastructure and Other Legislation
Amendment Bill 2005
Part 3 Amendment of Transport 1
Infrastructure Act 1994 2
Clause 5 Act amended in pt 3 3
This part amends the Transport Infrastructure Act 1994. 4
Clause 6 Amendment of s 188 (Power to stop rolling stock or 5
vehicle that may be entered or opened) 6
Section 188(6)-- 7
omit. 8
Clause 7 Amendment of ch 8 hdg (Port infrastructure) 9
Chapter 8, heading, after `infrastructure'-- 10
insert-- 11
`and other matters'. 12
Clause 8 Amendment of s 267 (Definitions for chapter) 13
Section 267-- 14
insert-- 15
`airport means the Cairns International Airport or the Mackay 16
Airport. 17
port area, of a port authority, means the area of its strategic 18
port land and port facilities, and within its port limits. 19
port facilities see section 267A. 20
requirement, of a port notice, includes a direction, instruction, 21
indication, condition or other provision contained in the port 22
notice.'. 23
Clause 9 Insertion of new s 267A 24
Chapter 8, part 1, after section 267-- 25
insert-- 26
s 10 8 s 10
Transport Infrastructure and Other Legislation
Amendment Bill 2005
`267A Meaning of port facilities 1
`Port facilities, of a port authority, means the facilities or land 2
that are-- 3
(a) owned or controlled by a port authority; and 4
(b) used in the operation or strategic management of the 5
port authority's port. 6
7
Examples of port facilities--
8
· wharf and port marine operational areas and shipping channels
9
within port limits
10
· marine and port structures
11
· ship building facilities and dry docks
12
· offshore structures used for shipping purposes
13
· wharf protection devices
14
· hydraulic structures
15
· bulk loading and unloading facilities
16
· boat harbours and boat ramps
17
· vehicle and railway ferry terminals, oil and liquid product terminals
18
and other terminals within the port area
19
· access roads and rail corridors
20
· car parking facilities
21
· an airport
22
· partially completed reclamation areas in areas designated as future
23
strategic port land
24
· partially completed port facilities'.
Clause 10 Amendment of s 275 (Functions of port authorities) 25
Section 275-- 26
insert-- 27
`(3) If a function mentioned in subsection (1)(g) is conferred on a 28
port authority, the port authority must ensure a copy of a 29
document specifying the function is available during business 30
hours for inspection, or for purchase at a reasonable cost, at 31
the office of the port authority in, or nearest to, each port to 32
which it applies.'. 33
s 11 9 s 11
Transport Infrastructure and Other Legislation
Amendment Bill 2005
Clause 11 Replacement of ss 279283 1
Sections 279 to 283-- 2
omit, insert-- 3
`Part 3A Liability for, and recovery of, 4
charges and expenses 5
`279 Port authority may impose a charge 6
`(1) A port authority may impose a charge for the use of its port 7
area. 8
`(2) A charge may, for example, be imposed by reference to-- 9
(a) a ship or an aircraft using its port; or 10
(b) goods or passengers loaded, unloaded or transhipped to 11
or from a ship or an aircraft using port facilities in its 12
port. 13
`(3) This section does not limit the powers a port authority has 14
apart from this section. 15
`280 Liability for a charge in relation to a ship 16
`If a charge is payable in relation to a ship, the following 17
persons are jointly and severally liable for the charge-- 18
(a) the owner of the ship; 19
(b) the master of the ship; 20
(c) the agent of the ship's owner; 21
(d) another person who has accepted liability for the charge. 22
`281 Liability for a charge in relation to an aircraft 23
`If a charge is payable in relation to an aircraft, the following 24
persons are jointly and severally liable for the charge-- 25
(a) the owner of the aircraft; 26
(b) the licensee of the aircraft; 27
(c) the lessee of the aircraft; 28
s 11 10 s 11
Transport Infrastructure and Other Legislation
Amendment Bill 2005
(d) the charterer of the aircraft; 1
(e) another person who has accepted liability for the charge. 2
`281A Liability for a charge in relation to goods 3
`If a charge is payable in relation to goods, the following 4
persons are jointly and severally liable for the charge-- 5
(a) the owner of the goods; 6
(b) the consignor and consignee of the goods; 7
(c) the agent for the sale or custody of the goods; 8
(d) the person entitled to possession of the goods; 9
(e) for goods transported by ship-- 10
(i) the owner of the ship; and 11
(ii) the master of the ship; 12
(f) for goods transported by aircraft-- 13
(i) the owner of the aircraft; and 14
(ii) the licensee of the aircraft; and 15
(iii) the lessee of the aircraft; and 16
(iv) the charterer of the aircraft; 17
(g) another person who has accepted liability for the charge. 18
`281B Liability for a charge in relation to passengers 19
`If a charge is payable in relation to passengers on a ship or an 20
aircraft, the following persons are jointly and severally liable 21
for the charge-- 22
(a) for passengers on a ship-- 23
(i) the owner of the ship; and 24
(ii) the master of the ship; and 25
(iii) the agent of the ship's owner; and 26
(iv) another person who has accepted liability for the 27
charge; 28
s 11 11 s 11
Transport Infrastructure and Other Legislation
Amendment Bill 2005
(b) for passengers on an aircraft-- 1
(i) the owner of the aircraft; and 2
(ii) the licensee of the aircraft; and 3
(iii) the lessee of the aircraft; and 4
(iv) the charterer of the aircraft; and 5
(v) another person who has accepted liability for the 6
charge. 7
`281C Payment of a charge and interest on an unpaid 8
charge 9
`(1) A charge imposed by a port authority is payable within a 10
reasonable time decided by the authority. 11
`(2) If the charge is not paid on or before the day the charge is due, 12
interest is payable on the unpaid amount of the charge at a 13
reasonable rate decided by the authority. 14
`(3) The port authority may recover a charge, or part of a charge, 15
and any interest payable in relation to the charge, as a debt 16
payable to the port authority. 17
`(4) A regulation may provide for exemptions from the payment of 18
charges, including any interest on a charge. 19
`(5) Subsection (4) does not affect or limit the power of a port 20
authority to exempt or partially exempt a person from a 21
charge, including any interest on the charge, imposed by a 22
port authority. 23
`281D Liability for movement of ships, aircraft, vehicles, 24
goods or rolling stock 25
`(1) This section applies if a port authority incurs an expense 26
because an authorised officer of the port authority moves, or 27
takes a step to move, a ship, an aircraft, a vehicle, goods or 28
rolling stock under part 3B.1 29
1 Part 3B (Control of activities at ports)
s 11 12 s 11
Transport Infrastructure and Other Legislation
Amendment Bill 2005
`(2) The amount of the expense, to the extent that the amount is 1
reasonable, is a debt owing to the port authority by-- 2
(a) for a ship, aircraft or goods--the persons who are liable 3
for a charge payable in relation to the ship, aircraft or 4
goods; or 5
(b) for a vehicle or rolling stock--the owner and driver of 6
the vehicle or rolling stock. 7
`(3) The liability of persons mentioned in subsection (2)(a) and (b) 8
is joint and several. 9
`281E Liability for damage to port authority's port facilities 10
`(1) If damage is caused to a port authority's port facilities, the 11
following persons are jointly and severally liable for the 12
damage-- 13
(a) if the damage is caused by a ship-- 14
(i) the owner of the ship; and 15
(ii) the master of the ship; and 16
(iii) the agent of the ship's owner; 17
(b) if the damage is caused by an aircraft-- 18
(i) the owner of the aircraft; and 19
(ii) the licensee of the aircraft; and 20
(iii) the lessee of the aircraft; and 21
(iv) the charterer of the aircraft. 22
`(2) If damage is caused to a port authority's port facilities by 23
floating or submerged material, the owner of the material is 24
liable for the damage if the damage happened because of the 25
intentional, reckless or negligent act of the owner. 26
`(3) The port authority may recover the reasonable cost of 27
rectifying the damage as a debt payable to the port authority. 28
s 11 13 s 11
Transport Infrastructure and Other Legislation
Amendment Bill 2005
`281F Security for payment of charges and potential 1
liabilities 2
`(1) A port authority may, by written notice, require a person to 3
give the port authority a security deposit as security for a 4
liability or debt incurred, or that may be incurred, under this 5
part in relation to-- 6
(a) the payment of a charge; or 7
(b) damage caused, or that may be caused, to port facilities. 8
`(2) The security deposit must be in or for an amount decided by 9
the port authority that is a reasonable amount having regard to 10
the liability or potential liability of the person under this part. 11
`(3) The security deposit may be-- 12
(a) cash; or 13
(b) a guarantee from a financial institution; or 14
(c) in another form accepted by the port authority. 15
`(4) The port authority may appropriate or partly appropriate a 16
security deposit to meet the liability or indebtedness of the 17
person if the liability or debt is unpaid after becoming due. 18
`(5) If a security deposit is appropriated or partly appropriated, the 19
port authority may, by written notice, require the person to 20
give the port authority a further security deposit. 21
`(6) Also, if the port authority considers that the person's liability 22
or indebtedness, or potential liability or indebtedness, under 23
this part should be more adequately guaranteed, the port 24
authority may, by written notice, require the person to give the 25
port authority a security deposit in a greater amount, or in a 26
different form, or both. 27
s 11 14 s 11
Transport Infrastructure and Other Legislation
Amendment Bill 2005
`Part 3B Control of activities at ports 1
`Division 1 Port notices 2
`282 Port authority may control activities by port notice 3
`(1) A port authority may display or publish a notice (a port 4
notice) to control activities or conduct in its port area if the 5
port authority reasonably considers the activities or conduct 6
may-- 7
(a) affect the port's operation; or 8
(b) cause damage to the port authority's strategic port land; 9
or 10
(c) cause damage to the environment. 11
`(2) Without limiting subsection (1), the purposes for which a port 12
authority may display or publish a port notice include-- 13
(a) maintaining or improving the safe, secure or efficient 14
operation of its port; or 15
16
Example for paragraph (a)--
17
A port authority may issue a port notice to ensure that the
18
loading or unloading operations at the port facilities are carried
19
out efficiently.
(b) maintaining fair or reasonable access to port facilities 20
for users of its port; or 21
22
Example for paragraph (b)--
23
A port authority may issue a port notice to ensure that a user of
24
its port facilities does not unreasonably restrict the access of
25
other users of its port facilities.
(c) moving or mooring ships, or parking aircraft, within its 26
port area; or 27
(d) managing controlled activities; or 28
(e) preventing damage to strategic port land; or 29
(f) preventing damage to the environment. 30
`(3) This section does not limit the powers a port authority has 31
under this division. 32
s 11 15 s 11
Transport Infrastructure and Other Legislation
Amendment Bill 2005
`282A Port notice--movement or mooring of, or activities 1
on or by, ships 2
`A port authority may control by port notice-- 3
(a) the movement or mooring of ships at its port facilities; 4
or 5
(b) the movement or mooring of ships if the movement or 6
mooring may affect the port's operation; or 7
(c) activities on or by ships moored at its port facilities or in 8
its port if the activities may affect the port's operation. 9
`282B Port notice--aircraft parking 10
`(1) This section applies to the Cairns Port Authority and the 11
Mackay Port Authority. 12
`(2) Each port authority may control by port notice the parking of 13
aircraft at its airport including, for example, by indicating 14
where parking of aircraft is restricted or prohibited. 15
`282C Port notice--movement, handling or storage of 16
goods 17
`A port authority may control by port notice the movement, 18
handling or storage of goods loaded, waiting to be loaded, 19
unloaded or transhipped to or from-- 20
(a) ships at its port facilities; or 21
(b) if the port authority is the Cairns Port Authority or the 22
Mackay Port Authority--aircraft at its port facilities. 23
`282D Port notice--movement of persons 24
`A port authority may control by port notice the movement of 25
persons at its port facilities including, for example, where the 26
movement of members of the public, or another identified 27
group, is restricted or prohibited. 28
s 11 16 s 11
Transport Infrastructure and Other Legislation
Amendment Bill 2005
`282E Port notice--parking or stopping of vehicles 1
`(1) A port authority may control by port notice the parking or 2
stopping of vehicles at or on its port facilities or strategic port 3
land including, for example, by indicating a place where 4
parking or stopping of a vehicle is restricted or prohibited. 5
`(2) However, a port authority's power to control a matter 6
mentioned in subsection (1) by port notice is subject to the 7
control of the matter by an official traffic sign installed under 8
the Transport Operations (Road Use Management) Act 1995, 9
chapter 5, part 2, by the chief executive within the meaning of 10
that part. 11
`282F Port notice--movement, stopping or parking of 12
rolling stock 13
`A port authority may control by port notice the movement, 14
stopping or parking of rolling stock at its port facilities 15
including, for example, by indicating where parking of rolling 16
stock is restricted or prohibited. 17
`282G Display or publication of port notices 18
`(1) To have effect, a port notice must-- 19
(a) be displayed on or near the thing to which it relates; or 20
(b) be published on the port authority's web site on the 21
internet. 22
`(2) Before a port notice mentioned in subsection (1)(b) has effect, 23
the port authority issuing the port notice must publish it on at 24
least 2 occasions in a newspaper circulated in the area to 25
which the port notice relates. 26
`(3) A copy of a port notice must be available during normal 27
business hours for inspection, or for purchase at a reasonable 28
cost, at the office of the port authority that is in, or nearest to, 29
the area to which the notice relates. 30
s 11 17 s 11
Transport Infrastructure and Other Legislation
Amendment Bill 2005
`282H Port notice may refer to documents held by port 1
authority 2
`(1) A port notice may require a person to comply, in whole or in 3
part, with a requirement of a stated document held by the port 4
authority. 5
`(2) However, the requirement must be able to be made by a port 6
notice under this division. 7
`(3) If the document is a standard, the port notice must state that a 8
copy of the standard is available during normal business hours 9
for inspection, or for purchase at a reasonable cost, at a stated 10
office of the port authority that is in, or nearest to, the area to 11
which the notice relates. 12
`(4) If the document is not a standard, the port notice must-- 13
(a) include a copy of the document; or 14
(b) do both of the following-- 15
(i) include a summary of the requirement; 16
(ii) state that a copy of the document is available 17
during normal business hours, free of charge, at a 18
stated office of the port authority that is in, or 19
nearest to, the area to which the notice relates. 20
`(5) In this section-- 21
standard means-- 22
(a) the Code of Safe Practice for Solid Bulk Cargoes issued 23
by the International Maritime Organisation, as it applies 24
to materials mentioned in appendix B of the Code; or 25
(b) the International Maritime Dangerous Goods Code 26
published by the International Maritime Organisation; 27
or 28
(c) the International Safety Guide for Oil Tankers and 29
Terminals issued by the International Chamber of 30
Shipping, the Oil Companies International Marine 31
Forum and the International Association of Ports and 32
Harbours; or 33
s 11 18 s 11
Transport Infrastructure and Other Legislation
Amendment Bill 2005
(d) the Ship to Ship Transfer Guide (Liquefied Gases) 1
issued by the International Chamber of Shipping and the 2
Oil Companies International Marine Forum; or 3
(e) the Ship to Ship Transfer Guide (Petroleum) issued by 4
the International Chamber of Shipping and the Oil 5
Companies International Marine Forum; or 6
(f) the Tanker Safety Guide (Chemicals) issued by the 7
International Chamber of Shipping; or 8
(g) the Tanker Safety Guide (Liquefied Gas) issued by the 9
International Chamber of Shipping; or 10
(h) a code, guide, rule, specification, standard or other 11
document (a relevant document) adopted, made or 12
published by-- 13
(i) the International Association of Ports and 14
Harbours; or 15
(ii) the International Chamber of Shipping; or 16
(iii) the International Maritime Organisation; or 17
(iv) the Oil Companies International Marine Forum; or 18
(v) the Civil Aviation Safety Authority; or 19
(vi) the International Civil Aviation Organisation; or 20
(i) a Standards Australia standard adopting, making or 21
publishing a relevant document adopted, made or 22
published by an entity mentioned in paragraph (h)(i) to 23
(vi); or 24
(j) a relevant document prescribed under a regulation for 25
this definition. 26
`282I Port notices generally 27
`(1) A port notice-- 28
(a) must indicate the area to which the port notice applies; 29
and 30
(b) if contravention of a requirement of the port notice is an 31
offence against this Act--must state that fact and the 32
maximum penalty for the offence. 33
s 11 19 s 11
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`(2) Evidence that a sign was displayed on or near the thing to 1
which it relates is evidence that the notice was displayed by 2
the port authority. 3
`(3) A port notice displayed on or near the thing to which it relates 4
must be clearly visible to passers-by. 5
`282J Offence of not complying with a port notice 6
`A person must comply with each requirement of a port 7
notice, unless the person has a reasonable excuse for not 8
complying with it. 9
Maximum penalty-- 10
(a) for a contravention of a requirement of a port notice 11
about a controlled activity--100 penalty units; or 12
(b) for a contravention of a requirement of a port notice 13
about the movement or mooring of, or activities on or 14
by, a ship--100 penalty units; or 15
(c) for a contravention of a requirement of a port notice 16
about the parking of an aircraft--50 penalty units; or 17
(d) for a contravention of a requirement of a port notice 18
about the movement, handling or storage of 19
goods--50 penalty units; or 20
(e) for a contravention of a requirement of a port notice 21
about any other matter--25 penalty units. 22
`Division 2 Authorised officers 23
`282K Appointment and qualifications of authorised 24
officers 25
`(1) A port authority may appoint a person as an authorised officer 26
for the port authority. 27
`(2) However, the port authority may appoint a person as an 28
authorised officer for the port authority only if the port 29
authority is satisfied the person is qualified for appointment 30
because the person has the necessary expertise or experience. 31
s 11 20 s 11
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`282L Appointment conditions and limit on powers 1
`(1) An authorised officer holds office on any conditions stated 2
in-- 3
(a) the authorised officer's instrument of appointment; or 4
(b) a signed notice given to the authorised officer; or 5
(c) a regulation. 6
`(2) The instrument of appointment, a signed notice given to the 7
authorised officer or a regulation may limit the authorised 8
officer's powers under this Act. 9
`(3) In this section-- 10
signed notice means a notice signed by the port authority or a 11
member of the port authority who is authorised by it to sign 12
notices. 13
`282M Issue of identity card 14
`(1) The port authority must issue an identity card to each 15
authorised officer. 16
`(2) The identity card must-- 17
(a) contain a recent photo of the authorised officer; and 18
(b) contain a copy of the authorised officer's signature; and 19
(c) identify the person as an authorised officer for the port 20
authority under this Act; and 21
(d) state an expiry date for the card. 22
`282N Production or display of identity card 23
`(1) In exercising a power under this Act in relation to a person, an 24
authorised officer must-- 25
(a) produce the authorised officer's identity card for the 26
person's inspection before exercising the power; or 27
(b) have the identity card displayed so it is clearly visible to 28
the person when exercising the power. 29
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`(2) However, if it is not practicable to comply with subsection (1), 1
the authorised officer must produce the identity card for the 2
person's inspection at the first reasonable opportunity. 3
`282O When authorised officer ceases to hold office 4
`(1) An authorised officer ceases to hold office if-- 5
(a) the term of office stated in a condition of office ends; or 6
(b) under another condition of office, the authorised officer 7
ceases to hold office. 8
`(2) Subsection (1) does not limit the ways an authorised officer 9
may stop holding office. 10
`(3) In this section-- 11
condition of office means a condition on which the authorised 12
officer holds office. 13
`282P Return of identity card 14
`A person who ceases to be an authorised officer of a port 15
authority must return the person's identity card to the port 16
authority within 21 days after ceasing to be an authorised 17
officer unless the person has a reasonable excuse. 18
Maximum penalty--10 penalty units. 19
`Division 3 Directions 20
`282Q Authorised officer may give directions 21
`(1) An authorised officer of a port authority may give a verbal 22
direction to a person in the port authority's port area if giving 23
the direction is reasonably necessary to-- 24
(a) ensure the safety or security of the port area, its users or 25
the port authority's employees; or 26
(b) prevent the person's activities or conduct from affecting 27
the port's operation. 28
s 11 22 s 11
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1
Examples of directions that may be given for subsection (1)--
2
· a direction to control the movement or mooring of, or activities on
3
or by, a ship
4
· a direction to control the parking of an aircraft or the movement,
5
stopping or parking of a vehicle or rolling stock
6
· a direction to control the movement, handling or storage of goods
7
that are loaded, waiting to be loaded, unloaded or being transhipped
8
· a direction to control the movement of persons
9
· a direction to a person, who is the holder of an approval to perform
10
a controlled activity under part 4A, to stop performing the
11
controlled activity for a period
`(2) Subsection (3) applies if an authorised officer-- 12
(a) finds a person committing an offence, or reasonably 13
suspects that a person has just committed an offence, 14
against section 283G;2 or 15
(b) reasonably believes that a person's presence at the port 16
facilities may pose a threat to the safety or security of 17
the port facilities, its users or the port authority's 18
employees; or 19
(c) reasonably believes that a person is in an area of the port 20
facilities without lawful justification or excuse. 21
`(3) An authorised officer may give a verbal direction to the 22
person to-- 23
(a) immediately leave the port facilities, or an area of the 24
port facilities; or 25
(b) immediately leave the port facilities, or an area of the 26
port facilities, and not return for at least 24 hours. 27
`(4) An authorised officer must identify himself or herself as an 28
authorised officer if the authorised officer gives a verbal 29
direction by radio, megaphone or another form of distance 30
communication. 31
`(5) An authorised officer must not give a verbal direction about 32
the movement of rolling stock if a train controller is satisfied 33
2 Section 283G (Conduct causing public nuisance)
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that the movement of the rolling stock would cause an 1
immediate threat to-- 2
(a) the safety of the railway; or 3
(b) the public using it or who may use it. 4
`282R If a person does not comply with a direction 5
`(1) If the person does not comply with a verbal direction given by 6
an authorised officer under section 282Q, the authorised 7
officer may give the person a written notice stating-- 8
(a) the authorised officer's name; and 9
(b) the direction; and 10
(c) a brief statement about the authorised officer's reason 11
for giving the direction; and 12
(d) a further reasonable time within which the person must 13
comply with the direction; and 14
(e) when the direction was given. 15
`(2) If it is not possible or reasonable for the authorised officer to 16
give the person a written notice at the time the person does not 17
comply with a verbal direction given by an authorised officer 18
under section 282Q, the authorised officer-- 19
(a) may give the person a further verbal direction stating the 20
information mentioned in subsection (1)(a) to (d); and 21
(b) must give the person the written notice the person would 22
have received at the time the person did not comply with 23
the verbal direction as soon as practicable after giving 24
the further verbal direction. 25
`(3) At the time the authorised officer gives the person a written 26
notice under subsection (1), or a further verbal direction under 27
subsection (2)(a), the authorised officer must warn the person 28
that the person may commit an offence unless the person 29
complies with the direction within the stated time. 30
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`282S Offence of not complying with a direction 1
`Unless a person has a reasonable excuse, a person must 2
comply with a direction given to the person by an authorised 3
officer under section 282R, within the reasonable time stated 4
in a written notice under section 282R(1) or as part of a 5
further verbal direction under 282R(2)(a). 6
Maximum penalty-- 7
(a) if the contravention results in a significant delay to port 8
operations--200 penalty units; or 9
(b) otherwise-- 10
(i) for a contravention of a direction to leave the port 11
facilities or an area of the port facilities, or leave 12
the port facilities or an area of the port facilities 13
and not return for 24 hours--100 penalty units; or 14
(ii) for a contravention of a direction about the 15
movement or mooring of, or activities on or by, a 16
ship--100 penalty units; or 17
(iii) for a contravention of a direction about the parking 18
of an aircraft--50 penalty units; or 19
(iv) for a contravention of a direction about the 20
movement, handling or storage of 21
goods--50 penalty units; or 22
(v) for a contravention of another 23
direction--25 penalty units. 24
`Division 4 Moving contravening property 25
`282T Moving contravening property 26
`(1) This section applies if-- 27
(a) an authorised officer of a port authority reasonably 28
believes that a ship, an aircraft, a vehicle, goods or 29
rolling stock in a port or at a port facility is contravening 30
property; and 31
s 11 25 s 11
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(b) the authorised officer reasonably believes that it is 1
necessary to move the contravening property having 2
regard to-- 3
(i) the efficient operation of the port; or 4
(ii) the safety or security of the port, its users or the 5
port authority's employees; and 6
(c) the authorised officer-- 7
(i) can not immediately find the person in charge of 8
the contravening property; or 9
(ii) reasonably believes the person in charge of the 10
contravening property can not, or will not, move 11
the contravening property immediately. 12
`(2) The authorised officer may-- 13
(a) take steps necessary and reasonable to have the 14
contravening property moved; and 15
(b) if the contravening property is property in the form of 16
goods that are perishable, or of little or no value, treat 17
the goods as abandoned property under part 4B.3 18
`(3) However, for contravening property that is rolling stock, the 19
authorised officer must not move the rolling stock if a train 20
controller is satisfied that the movement of the rolling stock 21
would cause an immediate threat to-- 22
(a) the safety of the railway; or 23
(b) the public using it or who may use it. 24
`(4) In this section-- 25
contravening property means a ship, an aircraft, a vehicle, 26
goods or rolling stock, that is moored, parked or left in a port 27
or at a port facility in contravention of-- 28
(a) a requirement of a port notice; or 29
(b) a direction of an authorised officer under division 3. 30
person in charge, of contravening property, means-- 31
3 Part 4B (Disposal of abandoned property)
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(a) for contravening property that is a ship--the ship's 1
master or another person in charge of the ship; or 2
(b) for contravening property that is an aircraft--the 3
aircraft's pilot or another person in charge of the 4
aircraft; or 5
(c) for contravening property that is a vehicle or rolling 6
stock--the driver of the vehicle or rolling stock or 7
another person in charge of the vehicle or rolling stock; 8
or 9
(d) for contravening property that is property in the form of 10
goods--the owner of the goods or another person in 11
charge of the goods. 12
`Division 5 Other powers and offences 13
`283 Power to require name and address 14
`(1) An authorised officer of a port authority may require a person, 15
who is in the port authority's port area, to state the person's 16
name and address if the authorised officer-- 17
(a) finds the person committing an offence against this Act; 18
or 19
(b) reasonably suspects the person has just committed an 20
offence against this Act. 21
`(2) When making the requirement, the authorised officer must 22
warn the person that it is an offence to fail to state the person's 23
name and address unless the person has a reasonable excuse. 24
`(3) The authorised officer may require the person to give 25
evidence of the correctness of the person's stated name and 26
address if the authorised officer reasonably suspects the stated 27
name or address is false. 28
`(4) A person must comply with the authorised officer's 29
requirement under subsection (1) or (3), unless the person has 30
a reasonable excuse for not complying with it. 31
Maximum penalty--10 penalty units. 32
s 11 27 s 11
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`(5) The person does not commit an offence against this section 1
if-- 2
(a) the authorised officer required the person to state the 3
person's name and address in the circumstances 4
mentioned in subsection (1)(a) or (b); and 5
(b) the person is not proved to have committed the offence. 6
`283A Inspection of documents 7
`(1) An authorised officer of a port authority may require a person, 8
who is or may be liable to pay a charge to the port authority, 9
to produce for the authorised officer's inspection, documents 10
that are-- 11
(a) under the person's control; and 12
(b) relevant to deciding-- 13
(i) whether the person is liable to pay the charge; or 14
(ii) the amount of the charge. 15
`(2) The person must comply with the requirement, unless the 16
person has a reasonable excuse for not complying with it. 17
Maximum penalty for subsection (2)--50 penalty units. 18
`283B Inspection of ships, aircraft, vehicles, rolling stock 19
and goods 20
`(1) This section applies only to the extent necessary to allow an 21
authorised officer of a port authority to decide-- 22
(a) whether a charge is payable in relation to a ship, an 23
aircraft or goods; and 24
(b) the amount of the charge. 25
`(2) A person in charge of a conveyance in the port authority's 26
port area must allow the authorised officer to enter and inspect 27
the conveyance, or inspect goods on or in the conveyance, if 28
asked by the authorised officer. 29
Maximum penalty--50 penalty units. 30
`(3) In this section-- 31
s 11 28 s 11
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conveyance means a ship, an aircraft, a vehicle or rolling 1
stock. 2
`283C Obstructing authorised officer 3
`(1) A person in a port authority's port area must not obstruct an 4
authorised officer in the exercise of a power under this part, 5
unless the person has a reasonable excuse. 6
Maximum penalty--50 penalty units. 7
`(2) In this section-- 8
obstruct includes hinder, resist, insult, attempt to obstruct and 9
threaten to obstruct. 10
`283D False or misleading statement 11
`(1) A person must not state anything to an authorised officer that 12
the person knows is false or misleading in a material 13
particular. 14
Maximum penalty--50 penalty units. 15
`(2) It is enough for a complaint for an offence against 16
subsection (1) to state the statement made was `false or 17
misleading' to the person's knowledge, without specifying 18
which. 19
`283E False or misleading document 20
`(1) A person must not give an authorised officer a document 21
containing information the person knows is false or 22
misleading in a material particular. 23
Maximum penalty--50 penalty units. 24
`(2) Subsection (1) does not apply to a person if the person when 25
giving the document-- 26
(a) tells the authorised officer, to the best of the person's 27
ability, how it is false or misleading; and 28
(b) if the person has, or can reasonably obtain, the correct 29
information--gives the correct information. 30
s 12 29 s 12
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`(3) It is enough for a complaint for an offence against 1
subsection (1) to state the document was `false or misleading' 2
to the person's knowledge, without specifying which. 3
`283F Impersonating an authorised officer 4
`A person must not pretend to be an authorised officer. 5
Maximum penalty--50 penalty units. 6
`283G Conduct causing public nuisance 7
`A person at a port authority's port facilities must not be 8
disorderly or create a disturbance. 9
Maximum penalty--50 penalty units. 10
`283H Interfering with port notices 11
`(1) This section applies to a port notice, other than a port notice 12
published on a port authority's web site on the internet. 13
`(2) A person must not unlawfully interfere with the port notice. 14
Maximum penalty--25 penalty units. 15
`(3) In this section-- 16
interfere, with a port notice, includes removing or damaging 17
the port notice.'. 18
Clause 12 Replacement of ss 284 and 285 19
Sections 284 and 285-- 20
omit, insert-- 21
`284 Definitions for div 1 22
`In this division-- 23
core matters, in relation to a land use plan (including its 24
preparation), means each of the following matters-- 25
(a) land use and development; 26
(b) port facilities; 27
s 12 30 s 12
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(c) valuable features. 1
land use and development, for an area, includes each of the 2
following-- 3
(a) the location of, and the relationships between, the land 4
uses in the area; 5
(b) the current effects of land use in the area; 6
(c) the likely effects of any proposed development of the 7
land; 8
(d) the accessibility to the area. 9
valuable features see the Integrated Planning Act 1997, 10
section 2.1.3A(4).4 11
`285 Land use plans 12
`(1) This section applies to the following port authority land-- 13
(a) in relation to the Cairns Port Authority--port authority 14
land that is used or that may be used by the Cairns Port 15
Authority for its airport; 16
(b) in relation to the Mackay Port Authority--port authority 17
land that is used or that may be used by the Mackay Port 18
Authority for its airport; 19
(c) in relation to any port authority--port authority land that 20
is on or near the interface between the land and the 21
waters within the limits of the port, as defined under 22
section 274, and that is used or may be used-- 23
(i) for domestic or international trade; or 24
(ii) by industries requiring close proximity to a port; or 25
(iii) for the integration of sea transport with other 26
transport modes; or 27
(iv) as port buffer lands; or 28
(v) as a boating facility; or 29
4 Integrated Planning Act 1997, section 2.1.3A (Core matters for planning schemes)
s 12 31 s 12
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(vi) for residential and tourist accommodation as 1
mentioned in section 275(1)(f);5 or 2
(vii) for other purposes of a port authority prescribed 3
under a regulation. 4
`(2) At least every 8 years, a port authority must prepare a land use 5
plan in relation to the port authority's land for approval under 6
section 286.6 7
`(3) The Minister may also direct a port authority to prepare a land 8
use plan, or an amendment of a land use plan, for approval 9
under section 286. 10
`(4) A port authority's land use plan must-- 11
(a) specify details of-- 12
(i) the port authority's strategic port land; and 13
(ii) land the port authority proposes to become 14
strategic port land; and 15
(iii) the current and proposed uses of the land; and 16
(b) coordinate and integrate the core matters relevant to the 17
land use plan; and 18
(c) identify desired environmental outcomes for the land; 19
and 20
(d) include measures that will help achieve the desired 21
environmental outcomes.'. 22
`(5) In this section-- 23
port authority land means land a port authority holds title to 24
or holds directly from the State. 25
`285A Statement of proposal for preparation of a land use 26
plan or amendment of a plan 27
`(1) A port authority must prepare a statement (statement of 28
proposal) about-- 29
5 Section 275 (Functions of port authorities)
6 Section 286 (Approval of land use plans)
s 12 32 s 12
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(a) the preparation of a land use plan; or 1
(b) an amendment of a land use plan, unless the 2
amendment-- 3
(i) is to remove land from the land use plan; or 4
(ii) relates to land that is already strategic port land and 5
its usage is not to change. 6
`(2) The statement of proposal must-- 7
(a) identify matters the port authority anticipates the land 8
use plan will address; and 9
(b) state how the port authority intends to address each 10
relevant aspect of a core matter in the land use plan. 11
`(3) A port authority must supply the statement of proposal to the 12
local government for the local government area within which 13
the port area is situated, and any other local government for a 14
local government area adjoining the port area. 15
`285B Draft plan for preparation of a land use plan or 16
amendment of a plan 17
`After complying with section 285A, and section 285C to the 18
extent the section relates to a statement of proposal, a port 19
authority must-- 20
(a) take appropriate account of issues raised as a result of 21
consultation under section 285C in relation to the 22
statement of proposal; and 23
(b) prepare a draft (draft plan) of-- 24
(i) if the statement of proposal is for the preparation of 25
a land use plan--the land use plan; or 26
(ii) if the statement of proposal is for an amendment of 27
a land use plan--the amendment of the land use 28
plan; and 29
(c) supply the draft plan to the local government for the 30
local government area within which the port area is 31
situated, and any other local government for a local 32
government area adjoining the port area. 33
s 13 33 s 13
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`285C Consultation on statement of proposal or draft plan 1
`(1) This section applies if a port authority prepares a statement of 2
proposal under section 285A or a draft plan under 3
section 285B. 4
`(2) The port authority must publish, at least once in a newspaper 5
circulating generally in the area to which the statement of 6
proposal or the draft plan relates, a notice stating the 7
following-- 8
(a) the name of the port authority; 9
(b) that the port authority has prepared a statement of 10
proposal or a draft plan and that it is available for 11
inspection and purchase; 12
(c) a contact telephone number for information about the 13
statement of proposal or draft plan; 14
(d) that any person may make written submissions about the 15
statement of proposal or draft plan to the port authority; 16
(e) the period (the consultation period) during which 17
submissions may be made; 18
(f) the requirements for properly making a submission. 19
`(3) The consultation period must be for at least 40 business days 20
after the notice is first published under subsection (2). 21
`285D Directions by Minister for amendment of draft plan 22
`(1) The Minister may return a draft plan prepared by the port 23
authority under section 285B for amendment in the way 24
directed by the Minister. 25
`(2) A copy of the direction must be published in the gazette 26
within 21 days after it is given.'. 27
Clause 13 Amendment of s 286 (Approval of land use plans) 28
(1) Section 286(1) and (2)-- 29
omit, insert-- 30
s 14 34 s 14
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`(1) The Minister may approve a draft plan prepared under 1
section 285B if the Minister is satisfied that-- 2
(a) the land included in the draft plan is used or may be 3
used for a matter or purpose mentioned in 4
section 285(1);7 and 5
(b) the port authority has taken appropriate account of 6
issues raised in written submissions made to it under 7
section 285C;8 and 8
(c) no local government has a substantial objection to the 9
draft plan; and 10
(d) State interests will not be adversely affected by the draft 11
plan. 12
`(2) If the Minister is satisfied about subsection (1)(a), (b) and (d) 13
but is satisfied that a local government has a substantial 14
objection to the draft plan, the draft plan may only be 15
approved by the Governor in Council.'. 16
(2) Section 286-- 17
insert-- 18
`(6) Each port authority must ensure the port authority's current 19
approved land use plan is published on the port authority's 20
web site on the internet.'. 21
Clause 14 Insertion of new ch 8, pts 4A and 4B 22
After section 289-- 23
insert-- 24
7 Section 285 (Land use plans)
8 Section 285C (Consultation on statement of proposal or draft plan)
s 14 35 s 14
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`Part 4A Port approvals 1
`289A Application of pt 4A 2
`This part applies if a port authority decides to regulate a 3
controlled activity by issuing a port notice, under section 282,9 4
under which the approval of the port authority is required to 5
perform the controlled activity. 6
`289B Definitions for pt 4A 7
`In this part-- 8
approval see section 289C(1). 9
controlled activity means any of the following activities-- 10
(a) operating a tug service; 11
(b) in relation to a ship-- 12
(i) burning; or 13
(ii) welding; or 14
(iii) riveting; or 15
(iv) spray painting; or 16
(v) sand blasting; or 17
(vi) another similar activity prescribed under a 18
regulation; 19
(c) operating a refuelling facility. 20
`289C Application for approval 21
`(1) A person may apply to a port authority for approval to 22
perform a controlled activity in a port authority's port area (an 23
approval). 24
`(2) The application must-- 25
(a) be in writing; and 26
9 Section 282 (Port authority may control activities by port notice)
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(b) identify the area where the controlled activity will be 1
performed under the approval; and 2
(c) state any other thing relevant to the proper consideration 3
of the application as required under a regulation. 4
`289D Port authority may grant approval, with or without 5
conditions 6
`(1) The port authority may decide to-- 7
(a) grant an application for an approval, with or without 8
conditions; or 9
(b) refuse the application. 10
`(2) A holder of an approval to operate a tug service may or may 11
not be given an exclusive right to operate the tug service in a 12
port area. 13
`(3) A holder of an approval must not breach a condition of the 14
approval. 15
Maximum penalty for subsection (3)--50 penalty units. 16
`289E Change of conditions on an approval 17
`(1) A port authority may change an approval, if the port authority 18
considers it reasonably necessary to do so having regard to-- 19
(a) the efficient operation of the port; or 20
(b) the safety or security of the port, its users or the port 21
authority's employees. 22
`(2) In this section-- 23
change, an approval, means revoke, suspend, or impose or 24
change a condition on, the approval. 25
`289F Decision by port authority in relation to approval 26
`(1) This section applies if the port authority decides to do any of 27
the following-- 28
(a) refuse an application for an approval; 29
s 14 37 s 14
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(b) impose a condition on an approval as part of a grant of 1
an application for an approval; 2
(c) change, within the meaning of section 289E, an 3
approval. 4
`(2) The port authority must give the applicant or approval holder 5
a written notice stating the following-- 6
(a) the decision; 7
(b) the reasons for the decision; 8
(c) that the applicant or approval holder may ask for the 9
decision to be reviewed and appeal against the reviewed 10
decision; 11
(d) that, under the Transport Planning and Coordination 12
Act 1994, part 5, as applied under section 289G, the 13
applicant or approval holder may ask for the decision or 14
the reviewed decision to be stayed. 15
`289G Review of and appeals against decisions 16
`(1) A person whose interests are affected by a decision to which 17
section 289F applies (the original decision) may ask the port 18
authority to review the decision. 19
`(2) The Transport Planning and Coordination Act 1994, part 5, 20
division 2-- 21
(a) applies to the review as if-- 22
(i) references in the division to the chief executive 23
were references to the port authority that made the 24
decision; and 25
(ii) references in the division to an appeal court or the 26
appeal court were references to a Magistrates 27
Court; and 28
(b) provides-- 29
(i) for the procedure for applying for the review and 30
the way it is to be carried out; and 31
(ii) that the original decision may be stayed by the 32
person by applying to a Magistrates Court. 33
s 14 38 s 14
Transport Infrastructure and Other Legislation
Amendment Bill 2005
`(3) Also, after the port authority confirms or amends the original 1
decision or substitutes another decision, the person may 2
appeal against the confirmed, amended or substituted decision 3
(the reviewed decision) to a Magistrates Court. 4
`(4) The Transport Planning and Coordination Act 1994, part 5, 5
division 3-- 6
(a) applies to the appeal as if-- 7
(i) references in the division to the chief executive 8
were references to the port authority that made the 9
decision; and 10
(ii) references in the division to an appeal court or the 11
appeal court were references to a Magistrates 12
Court; and 13
(b) provides-- 14
(i) for the procedure for the appeal and the way it is to 15
be disposed of; and 16
(ii) that the reviewed decision may be stayed by the 17
person by applying to a Magistrates Court. 18
`Part 4B Disposal of abandoned 19
property 20
`289H Definitions for pt 4B 21
`In this part-- 22
abandoned property means property that the port authority 23
reasonably believes has been abandoned at the port 24
authority's port facilities including, for example-- 25
(a) a ship, an aircraft or a vehicle; or 26
(b) a thing attached to, or contained in, a ship, an aircraft or 27
a vehicle. 28
insufficient value property means abandoned property that 29
is-- 30
s 14 39 s 14
Transport Infrastructure and Other Legislation
Amendment Bill 2005
(a) of no value; or 1
(b) if sold by a port authority, would not be likely to return 2
sufficient proceeds of sale to cover the total of the 3
following amounts-- 4
(i) the expenses reasonably incurred by the authority 5
in selling the property; 6
(ii) the expenses reasonably incurred by the authority 7
in dealing with the property under this part; 8
(iii) the charges, interest and other expenses owing to 9
the authority in relation to the property. 10
`289I Reasonable steps must be taken to find owner 11
`(1) This section applies to abandoned property found at the port 12
authority's port facility, unless-- 13
(a) it is insufficient value property; or 14
(b) it is perishable and it is impracticable for the port 15
authority to keep it having regard to its nature and 16
condition. 17
`(2) The port authority-- 18
(a) must take reasonable steps to locate the owner of the 19
property; and 20
(b) may have the property moved to a place it considers 21
appropriate. 22
`(3) If the port authority has located the owner of the property 23
within 28 days after the property was found, the port authority 24
must give the owner a written notice-- 25
(a) describing the property; and 26
(b) stating the property has been found; and 27
(c) explaining how it may be recovered; and 28
(d) stating the property may be sold or disposed of if it is 29
not recovered. 30
`(4) If the port authority has not located the owner of the property 31
within 28 days after finding the property, the port authority 32
s 14 40 s 14
Transport Infrastructure and Other Legislation
Amendment Bill 2005
must publish a notice in a newspaper circulating generally in 1
the State that includes the matters mentioned in 2
subsection (3)(a) to (d). 3
`289J A person may claim property 4
`The port authority must return abandoned property to a 5
person if the person, within 28 days after the notice is given or 6
published under section 289I-- 7
(a) satisfies the port authority that the person is the owner of 8
the property; and 9
(b) pays the expenses reasonably incurred by the port 10
authority in dealing with the property under this part. 11
`289K If property not claimed 12
`If a person does not claim the abandoned property within 13
28 days after a port authority has given or published a notice 14
under section 289I about it, the port authority may sell the 15
property. 16
`289L Sale of perishable property 17
`The port authority may sell abandoned property if it is 18
perishable and it is impracticable for the port authority to keep 19
it having regard to its nature and condition. 20
`289M Proceeds from the sale of abandoned property 21
`(1) If abandoned property is sold by a port authority, the proceeds 22
of the sale must be applied in the following order-- 23
(a) in payment of the expenses reasonably incurred by the 24
port authority in selling the property; 25
(b) in payment of the expenses reasonably incurred by the 26
authority in dealing with the property under this part; 27
(c) in payment of charges, interest and other expenses 28
owing to the authority in relation to the property; 29
(d) in payment of any balance to the owner. 30
s 15 41 s 16
Transport Infrastructure and Other Legislation
Amendment Bill 2005
`(2) If the proceeds of the sale are less than the total of the 1
expenses mentioned in subsection (1)(a), (b) and (c), the 2
difference is a debt owing to the port authority by the owner. 3
`(3) Compensation may not be recovered against the port authority 4
in relation to a payment under this section. 5
`289N Abandoned property of no value 6
`A port authority may dispose of abandoned property that is 7
insufficient value property in the way the port authority 8
considers appropriate.'. 9
Clause 15 Omission of s 293 (Payment of charges and interest on 10
unpaid charges) 11
Section 293-- 12
omit. 13
Clause 16 Insertion of new ch 18, pt 5 14
Chapter 18-- 15
insert-- 16
`Part 5 Transitional provisions for the 17
Transport Infrastructure and 18
Other Legislation Amendment 19
Act 2005 20
`532 Definitions for pt 5 21
`In this part-- 22
commencement means the commencement of this section. 23
repealed regulation means-- 24
(a) the Transport Infrastructure (Ports) Regulation 1994; or 25
(b) the Transport Infrastructure (Airport Management) 26
Regulation 1994. 27
s 16 42 s 16
Transport Infrastructure and Other Legislation
Amendment Bill 2005
`533 Approvals 1
`(1) Subsection (2) applies to a written approval-- 2
(a) given by a port authority under the Transport 3
Infrastructure (Ports) Regulation 1994 before 4
commencement, other than a written approval given 5
under section 43, 44 or 45 of the regulation;10 and 6
(b) in force immediately before commencement. 7
`(2) The written approval is taken to be an approval granted by the 8
port authority under chapter 8, part 4A11 after commencement. 9
`(3) Subsection (4) applies to a written approval (controlled 10
activity approval)-- 11
(a) given by a port authority under the Transport 12
Infrastructure (Ports) Regulation 1994, section 43, 44 13
or 45, before commencement; and 14
(b) in force immediately before commencement. 15
`(4) The controlled activity approval-- 16
(a) is taken to be an approval granted by the port authority 17
under chapter 8, part 4A; and 18
(b) expires whenever the first of the following happens-- 19
(i) the end of 6 months after commencement; 20
(ii) the port authority gives a new approval to the 21
person in substitution for the controlled activity 22
approval under this Act. 23
`(5) For subsection 4(b)(ii), the port authority may give an 24
approval without receiving an application for the approval 25
under section 289C.12 26
10 Transport Infrastructure (Ports) Regulation 1994, section 43 (Approval for burning,
welding etc. in certain ports), 44 (Approval of operation of a tug service in a port) or
45 (Approval of operation of fuelling facility in certain ports)
11 Chapter 8 (Port infrastructure and other matters), part 4A (Port approvals)
12 Section 289C (Application for approval)
s 16 43 s 16
Transport Infrastructure and Other Legislation
Amendment Bill 2005
`534 Proceedings 1
`A proceeding by or against a port authority under a repealed 2
regulation, that has not ended before the commencement, may 3
be continued and finished as if the repealed regulation had not 4
been repealed. 5
`535 Land use plans 6
`(1) This section applies if, before commencement-- 7
(a) consultation had started or had been completed in 8
relation to a proposed land use plan or amendment of a 9
land use plan under section 285 as in force immediately 10
before commencement;13 and 11
(b) the Minister had not approved the proposed land use 12
plan or amendment of the land use plan under 13
section 286 as in force immediately before 14
commencement.14 15
`(2) Chapter 8, part 4, division 1, as in force immediately before 16
commencement, continues to apply to the proposed land use 17
plan or amendment of a land use plan despite the enactment of 18
the Transport Infrastructure and Other Legislation 19
Amendment Act 2005. 20
`536 Detained property 21
`(1) This section applies to property, detained by a port authority 22
under part 4, division 2 of a repealed regulation, which has not 23
been completely dealt with by the port authority under that 24
division before commencement. 25
`(2) The port authority may continue to deal with the property as if 26
the repealed regulation had not been repealed. 27
13 See sections 285 (Consultation on land use plans) as in force immediately before
commencement.
14 See section 286 (Approval of land use plans) as in force immediately before
commencement.
s 17 44 s 17
Transport Infrastructure and Other Legislation
Amendment Bill 2005
`537 Notices in the form of official traffic signs 1
`(1) This section applies to a notice (however described), in the 2
form of an official traffic sign, erected or displayed under a 3
repealed regulation on a road by a port authority before 4
commencement if the notice was in force under the repealed 5
regulation immediately before commencement. 6
`(2) At commencement, the notice is taken to be an official traffic 7
sign installed under the Transport Operations (Road Use 8
Management) Act 1995, chapter 5, part 2, by the chief 9
executive within the meaning of that part. 10
`(3) This section expires 1 year after it commences. 11
`538 Things done under re-enacted provision 12
`(1) This section applies subject to this part. 13
`(2) A thing continues to have effect as if the thing had been done 14
under this Act if the thing-- 15
(a) expressly or impliedly was authorised to be done under 16
a provision of a repealed regulation; and 17
(b) was in force immediately before the repeal; and 18
(c) can be done under a re-enacted provision. 19
20
Examples of things that continue to have effect--
21
· port notices issued by a port authority
22
· appointments of authorised officers
23
· directions given to a person by an authorised officer
`(3) In this section-- 24
re-enacted provision means a provision of a repealed 25
regulation that has been re-enacted, including with changes, 26
as a provision in chapter 8 by the Transport Infrastructure and 27
Other Legislation Amendment Act 2005.'. 28
Clause 17 Amendment of sch 6 (Dictionary) 29
(1) Schedule 6, definitions approval, authorised officer and 30
commencement-- 31
s 17 45 s 17
Transport Infrastructure and Other Legislation
Amendment Bill 2005
omit. 1
(2) Schedule 6-- 2
insert-- 3
`abandoned property, for chapter 8, part 4B, see 4
section 289H. 5
airport, for chapter 8, see section 267. 6
approval-- 7
(a) for chapter 8, part 4A--see section 289B; or 8
(b) for chapter 12--see section 415; or 9
(c) for chapter 14--means an approval by the chief 10
executive. 11
authorised officer-- 12
(a) for chapter 8--means a person appointed under 13
section 282K; or 14
(b) for a person who is appointed under a regulation as an 15
officer in relation to a matter as stated in the 16
regulation--means a person appointed under the 17
regulation as an officer for the matter. 18
commencement-- 19
(a) for chapter 18, part 3, see section 521; or 20
(b) for chapter 18, part 5, see section 532. 21
controlled activity, for chapter 8, see section 289B. 22
draft plan see section 285B. 23
insufficient value property, for chapter 8, part 4B, see 24
section 289H. 25
port area, of a port authority, for chapter 8, see section 267. 26
port facilities, for chapter 8, see section 267. 27
port notice, for chapter 8, see section 282(1). 28
requirement, of a port notice, for chapter 8, see section 267. 29
repealed regulation, for chapter 18, part 5, see section 532. 30
statement of proposal see section 285A. 31
s 18 46 s 20
Transport Infrastructure and Other Legislation
Amendment Bill 2005
train controller, for rolling stock, means an individual who is 1
in control of train control signalling and communication for 2
the section of track on which the rolling stock is moving or 3
stationary.'. 4
(3) Schedule 6, definition port authority, paragraph (c)-- 5
omit, insert-- 6
`(c) the Central Queensland Ports Authority; or'. 7
Part 4 Amendment of Transport 8
Operations (Marine Safety) Act 9
1994 10
Clause 18 Act amended in pt 4 11
This part amends the Transport Operations (Marine Safety) 12
Act 1994. 13
Clause 19 Amendment of s 3 (Objectives of this Act) 14
(1) Section 3(1), after `overall'-- 15
insert-- 16
`primary'. 17
(2) Section 3-- 18
insert-- 19
`(4A) A further objective of this Act is to manage the operation and 20
activities of ships.'. 21
Clause 20 Amendment of s 29 (Achieving an appropriate balance 22
between safety and cost) 23
Section 29(1), after `is'-- 24
insert-- 25
`primarily'. 26
s 21 47 s 22
Transport Infrastructure and Other Legislation
Amendment Bill 2005
Clause 21 Amendment of s 197 (Proceedings for indictable 1
offences) 2
Section 197(2)(b), first occurring-- 3
renumber as section 197(2)(a). 4
Clause 22 Amendment of s 218 (Other matters for regulations) 5
Section 218-- 6
insert-- 7
`(2) Also, a regulation may make provision about the operation 8
and activities of ships not otherwise provided for under 9
sections 208 to 217. 10
11
Examples for subsection (2)--
12
· provision about amenity
13
· provision about zones and controlling the operation of ships in the
14
zones'.
© State of Queensland 2005
AMENDMENTS TO BILL
1
Transport Infrastructure and Other Legislation
Amendment Bill 2005
Transport Infrastructure and Other
Legislation Amendment Bill 2005
Amendments agreed to during Consideration
1 Clause 17--
At page 45, after line 18--
insert--
`charterer, of an aircraft, for chapter 8, part 3A, does not
include a person who hires, as part of the same transaction, the
aircraft and the services of a pilot for the aircraft.'.
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