Cairns Port Authority Amendment By-law 1991 (Qld)

Queensland Subordinate Legislation 1991 No. 156 Harbours Act 1955 CAIRNS PORT AUTHORITY AMENDMENT BY-LAW 1991 TABLE OF PROVISIONS Section Page 1. Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2. Amended by-law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3. Name of provision units . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4. Amendment of certain terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5. Amendment of headings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 6. Replacement of s.1.1 (Short title) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1.1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 7. Omission of s.1.4 (Arrangement) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 8. Amendment of s.1.5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 9. Replacement of Chapter 6 (Control of land traffic) . . . . . . . . . . . . . . . . 4 CHAPTER 6—PARKING AND REGULATING VEHICULAR TRAFFIC 6.1 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 6.2 Driver to give information and comply with directions . . . 4 6.3 Traffic signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 6.4 Parking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 6.5 Parking meters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 6.6 Fork lift trucks and mobile cranes . . . . . . . . . . . . . . . . . . . . 6 6.7 Obstruction of traffic . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 6.8 Parking bays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 6.9 Name and address to be given . . . . . . . . . . . . . . . . . . . . . . . 6

2 Cairns Port Authority Amendment By-law 1991 6.10 Who is liable for offences . . . . . . . . . . . . . . . . . . . . . . . . . . 6.11 Notices of offences may be given . . . . . . . . . . . . . . . . . . . 10. Amendment of s.9.1 (Application of by-law) . . . . . . . . . . . . . . . . . . . . . 11. Amendment of s.9.2 (Interpretation of Terms) . . . . . . . . . . . . . . . . . . . . 12. Insertion of Chapter 9A (Marlin Marina) . . . . . . . . . . . . . . . . . . . . . . . . CHAPTER 9A—MARLIN MARINA 9A.1 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9A.2 Navigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9A.3 Spearguns . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9A.4 Swimming . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9A.5 Fishing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9A.6 Damage etc. to notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9A.7 Parking permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9A.8 Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 7 9 9 10 10 10 10 10 11 11 11 11 Short title 1. This by-law may be cited as the Cairns Port Authority Amendment By-law 1991 . Amended by-law 2. The Cairns Port Authority By-laws 1988 are amended as set out in this by-law. Name of provision units 3.(1) A provision of the Cairns Port Authority By-laws 1988 that was, immediately before the commencement of this section, called a clause may be called a section. (2) A provision of the Cairns Port Authority By-laws 1988 that was, immediately before the commencement of this section, called a subclause may be called a subsection.

3 Cairns Port Authority Amendment By-law 1991 (3) A reference in the Cairns Port Authority By-laws 1988 to a clause or subclause of the by-laws designated by a number is a reference to a section or subsection of the by-laws designated by that number. Amendment of certain terms 4.(1) Omit ‘ this by-law ’ (wherever occurring) , insert ‘ this Chapter ’. (2) Omit ‘ these by-laws ’ (wherever occurring) , insert ‘ this by-law ’. Amendment of headings 5. Omit ‘BY-LAW NO.’ (wherever occurring) , insert ‘CHAPTER’. Replacement of s.1.1 (Short title) 6. Section 1.1— omit , insert— ‘Short title ‘1.1 This by-law may be cited as the Cairns Port Authority By-law 1988 . ’. Omission of s.1.4 (Arrangement) 7.(1) Section 1.4— omit . Amendment of s.1.5 8. Section 1.5— insert— ‘ “Marlin Marina” means the marina within the boundaries shown on Plan No. 3631 CPA–1 held in the office of the Authority; ’.

4 Cairns Port Authority Amendment By-law 1991

5 Cairns Port Authority Amendment By-law 1991 Replacement of Chapter 6 (Control of land traffic) 9. Chapter 6— omit , insert — ‘CHAPTER 6—PARKING AND REGULATING VEHICULAR TRAFFIC ‘Definitions ‘6.1 In this Chapter— “driver” , in relation to— (a) a motorcycle—means the rider or person in charge of the motorcycle; and (b) any other motor vehicle—means the driver or person in charge of the motor vehicle; and (c) a vehicle drawn by an animal—means the driver or person in charge of the animal; “motor vehicle” includes a trailer attached or capable of being attached to a vehicle; “parking area” means an area designated by the Authority as a parking area; “regulated parking area” means harbour land vested in the Authority under the Act; “traffic sign” means a sign erected or displayed by the Authority relating to the entry, use, parking, standing, waiting and speed of vehicles in the regulated parking area and includes a sign affixed to a parking meter; “vehicle” includes any mechanical plant or equipment capable of being moved on wheels or tracks. ‘Driver to give information and comply with directions ‘6.2 (1) The driver of a motor vehicle must— (a) on demand, give an authorised officer the information that is required by the authorised officer relating to the moving, standing, waiting or parking of the vehicle; and

6 Cairns Port Authority Amendment By-law 1991 (b) comply with a direction given under subsection (2). ‘(2) An authorised person may give the driver of a vehicle a direction that relates to the movement, standing, waiting or parking of the vehicle, including, for example— (a) a direction— (i) that the vehicle is not to proceed into a parking area or any part of a parking area or beyond a point specified in the direction; or (ii) that the vehicle must be removed from a parking area or any part of a parking area; or (iii) that the vehicle is to follow a particular route, proceed to a particular position, stand or wait in a particular location, or join a particular line of vehicles; or (iv) that a vehicle be moved from a location where it may otherwise stand; or (b) as to the time of commencement and the manner of carrying out the loading or unloading of goods or any other operation in which that vehicle is to be engaged. ‘(3) A direction may be given orally or in writing or in any other manner that sufficiently conveys the authorised officer’s intentions. ‘Traffic signs ‘6.3 The driver of a vehicle must comply with the restrictions indicated on a traffic sign and applicable to that vehicle. ‘Parking ‘6.4(1) A person must not cause or permit a vehicle to stand, wait or be parked in any place which is designated, by a traffic sign, as a “No Parking” area. ‘(2) Subsection (1) does not prevent the waiting of— (a) a vehicle from which goods are to be unloaded; or (b) a vehicle onto which goods are to be loaded;

7 Cairns Port Authority Amendment By-law 1991 for the time reasonably necessary for that purpose. ‘Parking meters ‘6.5 A person must not cause or permit a motor vehicle to stand, wait or be parked at a parking meter unless the person pays the parking fee indicated on the meter. ‘Fork-lift trucks and mobile cranes ‘6.6 The driver of a vehicle that is not a fork-lift truck or a mobile crane must— (a) give right of way to a fork-lift truck or mobile crane on a road or wharf; and (b) on approaching a fork-lift truck or mobile crane, proceed at a speed that will enable the driver to stop immediately in case of sudden danger. ‘Obstruction of traffic ‘6.7 A person must not obstruct traffic on a wharf without the permission of an authorised officer. ‘Parking bays ‘6.8 A person must not park a vehicle that has less than 4 wheels in a parking bay designed for use by 4-wheeled vehicles. ‘Name and address to be given ‘6.9 A person who is found committing, or who is reasonably suspected of committing or having committed an offence against this Chapter must, if required to do so by an authorised officer, state his or her full and correct name and address. ‘Who is liable for offences ‘6.10 In the case of an offence against this Chapter, the person who is liable for the offence is—

8 Cairns Port Authority Amendment By-law 1991 (a) the person in charge of the vehicle concerned in the offence; or (b) if the vehicle is unattended, the owner, at the time of the offence, of the vehicle. ‘Notices of offences may be given ‘6.11(1) If an offence against this Chapter is committed, the Authority may— (a) give the person who allegedly committed the offence; or (b) affix to the vehicle concerned in the alleged offence; a written notice that complies with subsection (2). ‘(2) The notice must— (a) bear a serial number; and (b) be addressed to— (i) the driver of the vehicle, if that person’s name is known; or (ii) if the driver’s name is not known, the owner of the vehicle, by name, if that person’s name is known, or by reference to the registration number of the vehicle; and (c) describe the vehicle; and (d) allege that an offence involving the vehicle has been committed; and (e) state in general terms the nature of the alleged offence; and (f) inform the owner, in general terms, that the matter may be dealt with by— (i) paying to the Authority the penalty of $20 by the day specified in the notice (being a day not less than 10 days after the day of the alleged offence); or (ii) making a written submission to the Authority by the day specified in the notice (being a day not less than 10 days after the day of the alleged offence) that it would be harsh or unjust to proceed against the person; or (iii) contesting the allegation in court; and

9 Cairns Port Authority Amendment By-law 1991 (g) inform the person, in general terms, that if the penalty is not paid by the day specified in the notice, court process will issue against the person in due course. ‘(3) If the secretary receives a report alleging that a vehicle has been driven, used or parked in contravention of this Chapter, and stating that a notice under subsection (1) has not been given or affixed, the secretary may give the owner a written notice that complies with subsection (2), either personally or by post. ‘(4) The Authority must— (a) consider every submission made to it under this section; and (b) give written notice of its decision on the submission to the owner, and if the submission is rejected, specify the day by which the penalty stated in the notice is to be paid. ‘(5) If the penalty is not paid within the time specified in a notice under subsection (1), (3) or (4), the owner or driver of the vehicle involved may be prosecuted on the complaint of the secretary. ‘(6) The owner of a vehicle concerned in an offence is not liable to be prosecuted if, within 10 days of being served with a summons for that offence, the owner satisfies the secretary, by a written statement verified on oath or by statutory declaration, that— (a) some other person, whose name and address is given, committed the offence; or (b) the owner had sold the vehicle to another person, whose name and address is given, before the alleged offence was committed; or (c) at the time of the alleged offence, the vehicle was stolen or was being used without the owner’s consent. ‘(7) In proceedings for an offence against a person named in a statement made under subsection 6— (a) a copy of the statement is to be served with the summons served on that person; and (b) the endorsement on the copy of an oath of service is evidence of service of the statement; and (c) the statement is evidence of the facts set out in the statement. ‘(8) If a person becomes liable, as owner of a vehicle, to a penalty for an

10 Cairns Port Authority Amendment By-law 1991 offence against this Chapter that the person did not actually commit, the liability of the person who did actually commit the offence to punishment for the breach continues until the penalty is paid or either person is convicted for the offence. ‘(9) A certificate or document— (a) purporting to be issued under the TransportInfrastructure(Roads) Act 1991 ; or (b) by a person or authority charged with the registration of motor vehicles under a corresponding law of another State or a Territory, or by any other person authorised by such person or authority; stating that, on a day or during a specified period, a specified vehicle was registered in the name of a specified person, is evidence that the person was, at that time, the owner of the vehicle. ’. Amendment of s.9.1 (Application of by-law) 10.(1) Section 9.1— re-designate paragraph (b) as paragraph (c). (2) Section 9.1— after paragraph (a)— insert — ‘ (b) the Marlin Marina; and ’. Amendment of s.9.2 (Interpretation of Terms) 11.(1) Section 9.2— insert— ‘(2) In sections 9.14, 9.16, 9.18, 9.22 and 9.24— “boat harbour” includes the Marlin Marina; “the marina” means the Marlin Marina. ’.

11 Cairns Port Authority Amendment By-law 1991 Insertion of Chapter 9A (Marlin Marina) 12. After Chapter 9— insert — ‘CHAPTER 9A—MARLIN MARINA ‘Definitions ‘9A.1(1) In this section— “moor” includes place a vessel on a tidal bank or tidal land in the marina; ‘Navigation ‘9A.2 A person who navigates or uses a vessel in the marina must not allow any boom, spar or other projection to extend more than 1 metre beyond the side of the vessel unless the vessel is a sailing vessel and the boom, spar or other projection is being used while the vessel is under sail. ‘Spear guns ‘9A.3 A person must not carry a loaded spear gun or other similar device in the marina. ‘Swimming ‘9A.4(1) A person must not dive into or swim in the marina— (a) within, or within 100 metres of the edge of, any navigation channel; or (b) within 100 metres of any moored vessel; or (c) from, or within 100 metres of, any wharf, jetty or pontoon. ‘(2) Subsection (1) does not prevent a person entering the water beside a vessel for a purpose related to the maintenance of the vessel.

12 Cairns Port Authority Amendment By-law 1991 ‘Fishing ‘9A.5 A person must not fish or cast a net in the waters of the marina. ‘Damage etc. to notices ‘9A.6 A person must not damage, deface, displace or remove a notice displayed by the Authority. ‘Parking permits ‘9A.7(1) The Authority may grant to the holder of a mooring licence or a casual mooring permit, a permit to park a vehicle at the marina. ‘(2) A person who does not hold a parking permit must not park a vehicle at the marina. ‘Penalties ‘9A.8 A person who commits an offence against this Chapter is liable to a penalty— (a) for a first offence—of 4 penalty units; or (b) for the second offence against the same provision—of 6 penalty units; or (c) for the third or subsequent offence against the same provision— of 7 penalty units. ’. ENDNOTES 1. Made by the Cairns Port Authority on 8 November 1991 2. Approved by the Governor in Council on 5 December 1991 3. Published in the Gazette on 7 December 1991 4. Laid before the Legislative Assembly on . . . 5. The administering agency is the Department of Transport. The State of Queensland 1991