Gold Coast Waterways Authority Act 1979 (Qld)

353 Y iteextshtnr ANNO VICESIMO OCTAVO ELIZABETHAE SECUNDAE REGINAE No. 38 of 1979 An Act to provide for the constitution of a Gold Coast Waterways Authority and its powers and functions; to provide for the vesting in the Authority of assets and assumption by the Authority of liabilities and obligations and for related purposes [ASSENTED TO 26TH JUNE, 1979] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- PART I-PRELIMINARY 1. Short title. This Act may be cited as the Gold Coast Waterways Authority Act 1979. 2. Commencement . (1) The provisions of this Act other than Parts I and II and Division 5 of Part III shall come into operation on a date to be appointed by Proclamation. (2) Parts I and II and Division 5 of Part III shall come into operation on the date on which this Act is assented to for and on behalf of the Crown.

354 Gold Coast Waterways Authority Act 1979, No. 38 3. Arrangement of Act. This Act is divided into Parts and Divisions as follows:- PART I-PRELIMINARY (SS. 1-4); PART II-THE AUTHORITY (ss. 5-23); Division 1-Constitution; Division 2-Powers and Functions; PART III-FINANCIAL PROVISIONS (ss. 24-60); Division 1-Funds of Authority; Division 2-Budgets; Division 3-Borrowing of Authority; Division "4-Accounts and Audit; Division 5-Proceedings and Business of Authority; PART IV-GOLD COAST WATERWAYS (ss. 61-62); PART V-ASSETS AND LIABILITIES OF AUTHORITY (ss. 63-69) ; PART VI-GENERAL PROVISIONS (ss. 70-78). 4. Meaning of terms. (1) In this Act save where a contrary intention appears- appointed day " means the date on which this Act is to commence pursuant to Proclamation; "Authority " means the Gold Coast Waterways Authority constituted under this Act; " financial year " means the period commencing on 1 July in any calendar year and concluding on 30 June in the next succeeding calendar year; " Harbours Corporation " means The Harbours Corporation of Queensland constituted under the Harbours Act 1955-1978;- " Manager " includes any person who at the material time is performing the duties of the Manager of the Authority; " Minister " means the Minister for Maritime Services and Tourism or other Minister of the Crown for the time being charged with the administration of this Act and includes any person who for the time being performs the duties of the Minister; " Port Authority " means the Port of Brisbane Authority constituted under the Port of Brisbane Authority Act1976; " Waterways " means the Gold Coast Waterways. (2) Save where a contrary intention appears in this Act, any term or expression to which a meaning is assigned by the Harbours Act 1955-1978 has the meaning so assigned when used in this Act. PART II-THE AUTHORITY Division 1-Constitution 5. Constitution of Authority. (1) There is hereby constituted a body corporate under the name and style " Gold Coast Waterways Authority ". (2) The Authority shall, by the name and style conferred on it by subsection (I), have perpetual succession and a common seal and for the purpose of carrying out the objects and purposes of this Act shall be capable in law of suing and being sued in its corporate name and subject

Gold Coast Waterways Authority Act 1979, No. 38 355 to this Act (where it so provides) or, where this Act does not so provide, the Harbours Act 1955-1978 (where it so provides), of acquiring, holding and disposing of land and other property, of granting and taking leases of land and other property, and of doing and suffering all such other acts and things as bodies corporate may in law do and suffer. (3) All courts, judges and persons acting judicially shall take judicial notice of the common seal of the Authority affixed to a document and shall presume that it was duly affixed. 6. Composition of Authority. (1) The Authority shall consist of not less than five nor more than seven members ordinarily resident within Queensland, appointed by the Governor in Council on the recommendation of the Minister by notification published in the Gazette. (2) The Governor in Council may at any time appoint in accordance with subsection (1) the person who is Manager of the Authority to be a member of the Authority. (3) The Authority may be first constituted at any time after the passing of this Act and if in so constituting the Authority the provisions of this Division are complied with the Authority shall be taken to have been thereby validly constituted. 7. Term of appointment of members . (1) Every member of the Authority shall be appointed for a term of three years and, if he is duly recommended for a second or subsequent appointment, shall be eligible for further appointment to membership of the Authority, but in every case , unless his office is sooner vacated as prescribed, his appointment shall be deemed to continue until his successor, duly appointed in accordance with this Act; assumes- his office as a member. -- (2) Notwithstanding subsection (1), if at any time during the term of appointment of members the person who is the Manager of the Authority is appointed a member of the Authority, his term of appointment shall be until the expiration of the term of the other members of the Authority. 8. Vacating member's office . (1) A member of the Authority may, by writing addressed to the Minister, resign his office at any time. (2) The Governor in Council may at any time remove from office a member of the Authority other than the person who is the Manager of the Authority. (3) A member of the Authority shall be deemed to have vacated his office- (a) in the event of his resignation, upon the receipt by the Minister of his notice of resignation; (b) in the event of his removal, upon the issue by the Minister of notice of his removal; (c) in the case of the person who is the Manager of the Authority, in the event of his ceasing to be Manager; (d) in the event of his absence without the Authority's leave first obtained from three consecutive ordinary meetings of the Authority of which notice has been duly given to him.

356 Gold Coast Waterways Authority Act 1979, No. 38 (4) For the purposes of subsection (3) (d)- (a) the non attendance of a member at the time and place appointed for an ordinary meeting shall not constitute absence from such meeting unless a meeting of the Authority at which a quorum is present is actually held on that day; (b) the attendance of a member at the time and place appointed for an ordinary meeting shall be deemed to constitute presence at an ordinary meeting notwithstanding that by reason of the lack of a quorum a meeting is not actually held on that day; (c) the names of the members who attend at the time and place appointed for an ordinary meeting shall be entered in the minute book provided pursuant to this Act. 9. Casual vacancy in member 's office. (1) A casual vacancy shall be taken to arise in the office of a member of the Authority- (a) if he dies; (b) if his office becomes vacant as prescribed by section eight. (2) If a casual vacancy occurs in the office of a member of the Authority during the currency of his term of appointment another person shall or, in the case of the Manager, may be appointed as a member in accordance with section six, to fill that vacancy. The appointment of a person appointed to fill a casual vacancy shall continue and be deemed to continue for as long as the appointment of his predecessor had the casual vacancy not occurred. 10. Chairman and Deputy Chairman of Authority. (1) The Chairman of the Authority shall be appointed from the members of the Authority for the time being by the Governor in Council by notification published in the Gazette and each shall hold his appointment as such until his office as member of the Authority is vacated or the term of appointment of members current at the material time expires, whichever event occurs first. (2) When an appointment is made to fill a casual vacancy in the office of a member who was Chairman of the Authority the Governor in Council shall, by notification published in the Gazette, appoint the member of the Authority who shall be the new Chairman. (3) The members of the Authority shall elect one of their number to be Deputy Chairman of the Authority at their first meeting held after they assume office or, where a vacancy occurs in the office of Deputy Chairman, after the appointment of a member in the place of the member who was Deputy Chairman. 11. Appointment of Manager . (1) The Authority shall from time to time appoint and employ a Manager of the Authority. (2) Notwithstanding the provisions of section 49 (1) of the Harbours Act 1955-1978 the Authority may or may not as it sees fit, appoint and employ a secretary. (3) Until such time as the Authority sees fit to appoint a secretary in terms of section 49 (1) of the Harbours Act 1955-1978 the Manager of the Authority shall for the purposes of this Act have all the powers, authorities, functions and duties of such a secretary.

Gold Coast Waterways Authority Act 1979, No. 38 357 12. Fees and allowances of members . (1) Each member of the Authority shall be paid such fees and allowances in respect of the discharge of his duties as a member as the Governor in Council approves from time to time. (2) Each member of the Authority shall be paid such expenses as are necessarily incurred by him in the discharge of his duties as a member and as the Authority approves. Division 2 -Powers and Functions 13. Principal function of Authority . Subject to this Act and to the Harbours Act 1955-1978 the Authority shall manage and control the Waterways and all harbour works and other works pertaining to the Waterways that are constructed by or are the property of the Authority or whose management and control has been vested in the Authority pursuant to this Act or the Harbours Act 1955-1978. 14. Meaning of term. In this Division- for private use " means for the use of a private pleasure vessel or private residential property. 15. Works not to be constructed without the approval of the Authority. (1) On and from the appointed day the provisions of sections 86 to 90, both inclusive, of the Harbour Act 1955-1978 shall no longer apply to any harbour works or other works of any kind or any pile or other structure that for private use is constructed or placed in, on, over, through, or across any foreshore of or any land lying under the Waterways (including any navigable river) after that day. (2) The provisions of subsection (3) of this section shall not apply to- (a) any works constructed under the authority of section 60 of the Harbours Act 1955-1978; or (b) any work of reclaiming land under the authority' of a special Act or an Order in Council as referred to in section 91 of the Harbours Act 1955-1978. (3) (a) A person shall not, for private use, commence or construct any harbour works or other works of any kind, or place any pile or other structure in, on, over, through, or across any foreshore of or any land lying under the Waterways (including any navigable river), whether the foreshore or land is alienated or held from the Crown or not, nor attempt any of those things, without the approval of the Authority previously obtained in the manner provided by section 16 of this Act. Penalty: $5 000. When such approval has been obtained, it shall not be necessary to obtain also any approval required by any enactment of any Minister or of The Marine Board of Queensland. (b) The Authority shall only grant such an approval in respect of an area of the Waterways that is specified from time to time by The Marine Board of Queensland as being an area that is not required for navigable space. A plan of the Waterways with all such areas delineated thereon shall be kept at the office of the Board and shall be there open to inspection by any interested person at all reasonable times.

358 Gold Coast Waterways Authority Act 1979, No. 38 (c) The Authority may by notice given in writing direct a person who has for private use commenced or constructed or placed any such works or structure contrary to the provisions of paragraph (a) of this subsection to abate and remove the same and restore the site thereof to its former condition as nearly as practicable within such time as the Authority may specify in the notice. The person to whom such a notice is given shall not fail to comply in every respect with the direction therein contained. Penalty: $500 for every day during which such works or structure or any part thereof is allowed to remain after the expiration of the time specified as aforesaid. A notice may be given as aforesaid and proceedings may be taken upon a failure to comply with the direction thereby given whether proceedings are taken for a contravention of paragraph (a) of this subsection or not. Moreover, upon a failure to comply with the direction given by a, notice as aforesaid and without prejudice to any proceedings that' may be taken upon such failure, or where such a notice is not given, the Authority may take all such steps and do all such things as it deems necessary for the abatement and removal of the works or structure commenced or constructed or placed contrary to the provisions of paragraph (a) of this subsection and have the site restored to its former condition as nearly as practicable, and may recover all costs and expenses incurred by it in the exercise of these powers from the person who commenced or constructed or placed the works or structure by action as for a debt in any court of competent jurisdiction. 16. Restriction on works affecting Waterways or navigation . (1) The following provisions shall have effect with respect to harbour works or other works or any pile or other structure of any kind commenced, constructed, or placed by any person for private use in, on, over, through, or across any foreshore of or any land lying under the Waterways (including any navigable river)- (a) before commencing the work a person shall deposit at the office of the Authority a plan in duplicate of the whole work, showing all the details of the proposed work, with the limits of deviation-(if any) to be allowed, and the mode in which it is proposed the same shall be carried out and shall pay to the Authority such fee as is provided for in the by-laws of the Authority; (b) if the proposed work is to be located in an area that is mentioned in section 15 (3) (b) and complies with the regulations that apply with respect to the work (if any) and with the by-laws of the Authority that apply with respect to the work (if any), the Authority may approve the deposited plan, with or without modification or addition, and may subject such approval of the proposed work to any restrictions or conditions it deems necessary whether for the preservation of any public right or otherwise; (c) the work as so approved shall not be altered or extended without the like approval, but any such approval shall not confer on a person any right to construct or alter or extend any work which independently thereof he would not have had;

Gold Coast Waterways Authority Act 1979, No. 38 359 (d) if a person in relation to the work acts in any respect in contravention of any of the provisions of this section, or of any provisions of the Harbours Act 1955-1978 applicable to the work other than those contained in sections 86 to 90, both inclusive, thereof or of any restriction or condition subject to which approval of the work is granted, or does not construct the work in accordance with the deposited plan as approved, the Authority may, with or without notice of its intention so to do, take all such steps and do all such things, including the employment of all such persons, as it deems necessary to abate and remove the work or any part of it and restore the site thereof to its former condition as nearly as practicable and may recover all costs and expenses incurred by it in the exercise of these powers from that person by action as for a debt in any court of competent jurisdiction; (e) subject to this Act, no person who, with and in accordance with such approval as aforesaid, commences, constructs, places, or alters or extends any harbour works or other works or any such pile or other structure shall be liable to action or indictment or process of law for nuisance, encroachment, or obstruction, or other like cause on account thereof. (2) A member of the Authority and all persons authorized in that behalf by the Authority either generally or in the particular case shall at all times have the right of entry to or upon and to inspect all harbour works and other works and all piles and other structures that for private use are commenced, constructed, placed, or situated in, on, over, through, or across any foreshore of or any land lying under the Waterways (including any navigable river), whether the foreshore or land is alienated or held from the Crown or not. (3) Until such time as by-laws are made providing for the fee referred to in paragraph (a) of subsection (1) a person referred to in that paragraph shall pay to the Authority a fee equal to the fee that is payable to The Marine Board of Queensland pursuant to The Construction of Harbour Works Regulations 1978 ' made on 22 June, 1978 and published in the Gazette on 24 June, 1978 at pages 988 and 989 in respect of an application for approval to construct works for private use. 17. Works to be lighted. (1) Every person who is constructing any work for private use in, on, over, through, or across any foreshore of or any land lying under the Waterways (including any navigable river), whether the foreshore or land is alienated or held from the Crown or not, shall, at his own expense, during the whole of the time during which that work is being constructed, maintain, exhibit, and keep burning every night from sunset to sunrise on or near the work such lights (if any) as the Authority requires or approves for the time being; and shall also on or near that work, when completed, always maintain, exhibit, and keep burning every night from sunset to sunrise such lights (if any) for the guidance of vessels as the Authority requires or approves for the time being. For the purposes of this section the Authority may from time to time approve or require the maintenance and exhibition of such lights on or near any work as to it appears necessary or desirable. If any person commits any breach of this subsection he commits an offence against this Act and shall be liable, for each night on which the breach occurs, to a penalty not exceeding $200. -

360 Gold Coast Waterways Authority Act 1979, No. 38 (2) The provisions of this section shall not derogate from the provisions of sections 60 and 61 of the Harbours Act 1955-1978. 18. Powers of Authority in respect of works . (1) On and from the appointed day the provisions of section 89 of the Harbour Acts 1955-1978 shall no longer apply to any harbour works, structure or other work whatsoever that for private use was constructed or placed in, on, over, through, or across any foreshore of or any land lying under the Waterways (including any navigable river) prior to that day. (2) If, in the Authority's opinion, any harbour works, structure, or other work whatsoever that for private use is constructed or placed, whether prior or subsequent to the appointed day, in, on, over, through, or across any foreshore of or any land lying under the Waterways (including any navigable river), whether the foreshore or land is alienated or held from the Crown or not, requires repairing or is abandoned, or for any reason whatsoever requires to be removed, the Authority may by notice given in writing direct the owner or occupier or other' person responsible therefor or for the maintenance thereof to repair it to the Authority's satisfaction or, according to the notice, to abate and remove the same and restore the site thereof to its former condition as nearly as practicable, within such time as the Authority may specify in the notice. The person to whom such notice is under this subsection given shall not fail to comply in every respect with the direction therein contained. Upon a failure to comply with the direction given by a notice as aforesaid and without prejudice to any proceedings which may be taken upon such failure, or where, the Authority deeming fit, such a notice is not given, the Authority may take all such steps and do all such things as it deems necessary for the repair of the same or for the abatement and removal of the works or structure and the restoration of the site thereof to its former condition as nearly as practicable, and may recover all costs and expenses incurred by it in the exercise of these powers from- (a) the owner or occupier or other person. responsible for, or for the maintenance of, the works or structure at the time of giving of a direction by notice as aforesaid for the repair of the same or, as the case may be, for the abatement and removal of the works or structure; (b) the owner or occupier or other person responsible for, or for the maintenance of, the works or structure at the time of the repair of the same, or, as the case may be, the abatement and removal of the works or structure, by the Authority; and (c) the person who at any time subsequent to the repair thereof by the Authority becomes the owner or occupier or other person responsible for, or for the maintenance of, the works or structure, or from any of them by action as for a debt in any court of competent jurisdiction but so that the Authority shall not be entitled by virtue hereof to recover more than the full amount of any such costs and expenses. (3) If in the construction of any harbour works, structure, or other work whatsoever for private use approved under this Act by the Authority, any deviation is made from the plan approved by the Authority, and the person concerned after notice in that behalf,

Gold Coast Waterways Authority Act 1979, No. 38 361 fails to adhere to the plan as so approved the Authority may take all such steps and do all such things as it deems necessary for the abatement and removal of the work or any part of it in respect whereof the deviation has occurred and have the site thereof restored to its former condition as nearly as practicable, and may recover all costs and expenses incurred by it in the exercise of these powers from that person by action as for a debt in any court of competent jurisdiction. 19. Authority may employ engineers , etc., to abate works. Where the Authority is empowered or authorized by this Act to repair or maintain or abate or remove, or to take any steps or to do any things which involve the repairing or maintaining or abating or removal of, any work for private use, it may employ all such engineers , contractors, servants, labourers , and other persons as may be necessary for that purpose. 20. Buoy mooring not to be cast on bed of Waterways. (1) On and from the appointed day the provisions of section 198 of the Queensland Marine Act 1958-1979 shall not apply to any buoy mooring that for private use is cast , placed or left in, upon, on, over, through or across any portion of the bottom or bed of the Waterways after that day. (2) (a)• A person shall not cast, place or leave or cause to be cast, placed or left any buoy mooring of whatever kind or description for private use in, upon, on, over, through or across any portion of the bottom or bed of the Waterways without the approval of the Authority first had and obtained. A person seeking such an approval shall pay to the Authority the prescribed fee. Penalty: $400. (b) The Authority shall only grant such an approval in respect of an area of the Waterways that is specified from time to time by The Marine Board of Queensland as being an area which is not required for navigable space. A plan of the Waterways with all such areas delineated thereon shall be kept at the office of the Board and shall be there open to inspection by any interested person at all reasonable times. (3) If any buoy mooring for private use is so cast, placed or left or, caused to be cast, placed or left in contravention of subsection (2), the Authority may, by notice given in writing, direct the person so casting, placing or leaving or causing to be cast, placed or left the buoy mooring to abate and remove the same and restore the site thereof to its former condition as nearly as practicable within such time as the Authority may specify in the notice. The person-to whom such notice is under this subsection given shall not fail in any respect to comply with the direction therein contained. Penalty: $30 for each and every day during which failure so continues. (4) Every buoy mooring of whatever kind or description that, for private use, was- (a) with the approval of The Marine Board of Queensland, cast, placed or left in, upon, on, over, through or across any portion of the bottom or bed of the Waterways; (b) cast, placed or left in, upon, on, over, through or across any portion of the bottom or bed of that part of the Waterways

362 Gold Coast Waterways Authority Act 1979, No. 38 comprising the Southport Boat Harbour (being the area as shown delineated on plan H109 held at the office- of the Department of Harbours and Marine, Brisbane), and existing at the appointed day shall be deemed to have been so cast, placed or left with the approval of the Authority duly given pursuant to this section. 21. General powers etc. of Authority. (1) In respect of the Waterways the Authority- (a) subject to this Act, shall have the powers, authorities, functions, duties and obligations of a Harbour Board conferred, imposed or provided for by the Harbours Act 1955-1978 or by any other Act, save such as are conferred, imposed or provided for, on or in respect of a particular Harbour Board; and (b) shall have the powers, authorities, functions, duties and obligations conferred, imposed, or provided for by this Act. (2) The Authority may do and cause to be done all such acts and things as are incidental to or necessary for the proper exercise or discharge of its powers, authorities, functions, duties and obligations. (3) The Authority may as it thinks fit- (a) appoint committees, either for general or special purposes; (b) delegate to a committee power to hold any inquiry specified in the instrument of delegation or refer to a committee any matter of concern to the Authority on such terms of reference as the Authority determines and in either case require the committee to report on its findings to the Authority. Such a committee may be comprised of such persons, whether members of the Authority or not, as the Authority thinks appropriate for the proper discharge of the committee's function and the members of a committee shall be paid such fees and allowances and expenses necessarily incurred in the discharge of their duties as the Authority approves. (4) The Authority may exercise and discharge any power, authority, function, duty and obligation had by it under this Act in respect of its land, premises or works situated or to be situated at any place, whether within or outside the limits of the Waterways and whether in proximity to such limits or not, if in the Authority's opinion such exercise or discharge is in connexion with the management, control or use of the Waterways. 22. Application and construction of Harbours Act and other statutory provisions . (1) Subject to this Act, the provisions of the Harbours Act 1955-1978 or of any other Act that confer or impose powers, authorities, functions, duties or obligations on Harbour Boards generally shall apply so as to confer or impose the same on the Authority. (2) Subject to this Act, the provisions of the Harbours Act 1955-1978 or of any other Act that- (a) regulate the conduct of operations by Harbour Boards generally; or (b) apply to officers and employees of Harbour Boards in the performance of their duties, shall apply in respect of the `conduct of operations of the Authority and to officers and employees of the Authority and other persons performing work on behalf of the Authority in the performance of their duties.

Gold Coast Waterways Authority Act 1979, No. 38 363 For the purpose of applying the provisions of the Harbours Act 1955-1978 or of any other Act in respect of the conduct of operations of the Authority or the appointment, employment or suspension from office or employment of officers or employees of the Authority the Chairman of the Authority shall have and may exercise all the powers and shall be subject to all the obligations of a Chairman of a Harbour Board. (3) A provision of the Harbours Act 1955-1978 that in respect of the matter for which it provides is not confined in its application to one or more particular harbours or Harbour Boards shall be taken to continue to provide for that matter in relation to the Waterways and to the Authority and to the members thereof unless and until other provision is made for that matter by or under this Act. (4) For the purpose of applying any provision of the Harbours Act 1955-1978 or of any other Act in accordance with the provisions of this Act a reference in that provision to a Harbour Board or to a Board shall be construed as including the Authority. 23. Power of delegation . (1) The Authority may by writing under its seal either generally or otherwise as provided by the instrument of delegation delegate to any of its members, or to any officer or employee of the Authority all or any of its powers, authorities, functions and duties except this power of delegation. The Authority may make such and so many delegations of the same power, authority, function or duty and to such number of persons as it considers necessary or desirable. (2) A delegation may be made subject to such terms or limitations as the Authority thinks fit including a requirement that the delegate shall report to it on the exercise or performance of the delegated power, authority, function or duty. (3) A power, authority, function or duty so delegated, if exercised or performed by the delegate, shall be exercised or performed in accordance with the instrument of delegation. (4) A delegation does not prevent or prejudice- (a) the exercise of a delegated power or authority or the performance of a delegated function or duty by the Authority; (b) the exercise by the Authority of supervision of the carrying out by the delegate of the terms of the delegation to the extent of countermanding the delegate's exercise of a power or authority or performance of a function or duty under the delegation. (5) A delegation is revocable at the will of the Authority. PART III-FINANCIAL PROVISIONS Division 1-Funds of Authority 24. Funds to be maintained . The Authority shall establish and at all times maintain in accordance with this Act the following funds:- (a) a General Fund; (b) a Trust Fund; and (c) a Loan Fund.

364 Gold Coast Waterways Authority Act 1979, No. 38 The funds shall be kept separate and distinct and a separate bank account shall be kept for each fund. 25. General Fund. (1) The Authority shall pay or cause to be paid into the General Fund all moneys arising from- (a) mooring fees; (b) plant hire; (c) rentals ; (d) licence and permit fees; (e) sales of sand or other materials; and (f) any source when such moneys are not required by this Act to be paid into any other fund. (2) Moneys from time to time forming the General Fund shall be applied to- (a) expenditure necessarily incurred by the Authority in the exercise, performance and discharge of its powers, authorities, functions, duties and obligations save where this Act expressly provides that such expenditure should be charged to any other fund kept by the Authority; (b) payment in accordance with the regulations of moneys to a prescribed fund kept pursuant to section 28. 26. Trust Fund. (1) The Authority shall pay or cause to be paid into the Trust Fund all moneys paid to the Authority by way of deposit or in trust for any person and all moneys held by it that are unclaimed moneys. (2) Moneys from time to time forming the Trust Fund shall be applied- (a) in the case of moneys received by way of deposit according to the terms on which the deposit is held; (b) in the case of moneys held in trust for any person, to the payment to or for the benefit of that person; (c) in the case of unclaimed moneys, in disposing of those moneys according to law. 27. Loan Fund. (1) The Authority shall pay or cause to be paid into the Loan Fund all moneys received by the Authority by way of loan, subsidy or grant in respect of the works or purposes for which the loan has been authorized or for which the subsidy or grant has been paid. (2) The Loan Fund shall be applied to expenditure necessarily incurred by the Authority in carrying out the works or purposes for which it was authorized to borrow the money or for which the subsidy or grant was paid to it and not otherwise. 28. Other prescribed funds. The Governor in Council may, by regulation made under this Act, prescribe one or more other funds to be established and kept by the Authority and the purposes for which such funds are to be applied. The Authority shall establish and maintain all such funds as are so prescribed and shall cause the moneys for the time being forming such a fund to be applied to the purpose prescribed in respect of that fund. The funds shall be separate and distinct and the manner of banking thereof shall be as prescribed.

Gold Coast Waterways Authority Act 1979, No. 38 365 29. Investment of funds. (1) The Authority may invest moneys which are surplus in any fund kept by it in one or more of the following investments:- (a) deposit at a bank; (b) securities of or guaranteed by the Government of the Commonwealth or of the State; (c) with an authorized and approved dealer; or (d) other securities approved by the Governor in Council by Order in Council on the recommendation of the Treasurer. Every such security, safe custody acknowledgement or other document evidencing title issued in respect of any investment shall be held either by the Authority or to its account by its bank. (2) For the purposes of this section the expression " authorized and approved dealer " means a person who- (a) is an authorized dealer in the short term money market with established lines of credit with the Reserve Bank of Australia as a lender of last resort; and (b) is approved by the Governor in Council by Order in Council. Division 2-Budgets 30. Budget of Authority. (1) As soon as practicable after the appointed day the Authority shall frame, adopt and present to the Minister a budget in respect of each fund maintained by it showing its estimates of its receipts and disbursements in respect of the balance of the financial year in which the budget is presented and thereafter the Authority shall before 31 August of each succeeding financial year or such later date as the Minister (who is thereunto authorized) may on the application of the Authority permit, frame, adopt and present to the Minister a budget in respect of each fund maintained by it showing its estimates of its receipts and disbursements in respect of that succeeding financial year. (2) In framing the budget for each of its funds the Authority shall estimate in respect of the financial year for which the budget is being framed and shall therein show- (a) the amounts to be disbursed upon the several works, matters and things to which the fund is applicable; and (b) the amounts expected to be received from the several sources of income and other moneys of the Authority which income or other moneys are required by this Act to be paid to the fund. (3) In any budget- (a) the estimates of receipts shall be set out, as nearly as may be, separately in accordance with the several sources of receipts required by this section to be shown in the budget; (b) the estimates of disbursements required by this section to be shown in the budget shall be set out, as nearly as may be, in accordance with each power, authority, function, duty or obligation of the Authority; (c) the estimates of receipts and disbursements that relate to common powers, authorities, functions, duties or obligations shall be set out, as nearly as may be, opposite each other.

366 Gold Coast Waterways Authority Act 1979, No. 38 (4) Each budget shall show- (a) estimates of receipts and disbursements adopted for the financial year previous to that for which the budget is framed; and (b) actual receipts and disbursements for the financial year previous to that for which the budget is framed. (5) A budget of the Authority shall be of no force or effect until it is approved by the Minister. (6) The Minister may amend a budget of the Authority in such a way as he thinks fit. (7) When the Minister has approved of a budget of the Authority the budget as approved, whether or not it has been amended pursuant to subsection (6), shall be binding upon the Authority. 31. Observance of budget. (1) Subject to subsection (2), the Authority shall confine its disbursements throughout a financial year within the items and amounts contained in its budget for that financial year as approved by the Minister. (2) If during any financial year it appears to the Authority that an extraordinary circumstance has arisen which requires the Authority to make a disbursement in that financial year that was not provided for in the budget (as approved) for that financial year or that exceeds the amount estimated in respect of that disbursement in the budget (as approved) for that financial year the Authority shall, before making the disbursement or excess disbursement- (a) by resolution, approve that the disbursement or excess disbursement be made; and (b) obtain the approval of the Minister for an amendment to the budget. (3) The Authority shall ensure that the budget as amended and approved will not then be exceeded in particular or in total by the disbursement or excess disbursement referred to in subsection (2). (4) If the Authority makes a disbursement in, any financial year from any of its funds that has not been provided for in the approved budget relating to that fund for that financial year, then except where the disbursement has beer. made in emergent or extraordinary circumstances, the members of the Authority who knowingly voted for such expenditure shall be jointly and severally liable to repay to the Authority the amount of the disbursement and such amount may be recovered by action in a court of competent jurisdiction as a debt due and owing by all and each of such members to the Authority. 32. Treatment of ordinary expenditure, surplus and deficit . (1) Any disbursement of the Authority in any financial year prior to the adoption of the budget framed for that financial year is authorized and shall be shown as a disbursement in the budget framed for that financial year. (2) If at the close of any financial year for which a budget is framed there is a surplus or deficit the same shall be carried forward and taken into account in framing the budget for the next following financial year.

Gold Coast Waterways Authority Act 1979, No. 38 367 (3) At the close of each financial year for which a budget is framed all authorizations of expenditure and votes of money for any item provided for in the budget so framed shall lapse but may be re-authorized or re-voted, as the case may be. Division 3 -Borrowing of Authority 33. Power to borrow, etc . (1) Subject to this Act, the Authority may borrow or raise money or make financial arrangements- (a) from or as the case may be, with the Treasurer; (b) by the sale of debentures, bonds or inscribed stock; (c) in such other way as is approved by the Treasurer; (d) partly in one way and partly in another way or other ways specified in provision (a) or (b) or approved pursuant to provision (c). (2) Before entering into negotiations to borrow or raise money or make financial arrangements pursuant to subsection (1) the Authority shall obtain the sanction of the Treasurer authorizing it to enter upon those negotiations and for that purpose shall furnish to the Treasurer such information as he requires. (3) The, Authority shall not borrow or raise money or make financial arrangements pursuant to negotiations sanctioned by the Treasurer unless the authority of the Governor in Council to do so is first obtained. Such authority, if given, shall be by way of Order in Council upon such terms and conditions as the Governor in Council thinks fit. 34. Resolution before borrowing , etc. Before proceeding to borrow or raise money or make financial arrangements the Authority shall, at a special meeting called for the purpose, pass a resolution to that effect. 35. Authority may give security . The Authority, with the approval of the Governor in Council, may create such encumbrances upon and over its property and revenues and execute in respect thereof such securities as it thinks fit. 36. Application of loan moneys . (1) All moneys borrowed or raised by the Authority shall be expended for the purpose for which it was authorized to borrow or raise the same and not otherwise save with the Treasurer's direction given pursuant to subsection (2). (2) If any amount of moneys borrowed or raised remains unexpended upon the completion of the purpose for which the moneys were borrowed or raised such amount shall be applied as the Treasurer directs. 37. Repayment of Treasury loans. (1) Every loan advanced by the Treasurer to the Authority shall be liquidated by the payment to the Treasurer by the Authority on the first day of January and of July in each year of such instalments of principal and interest at the agreed rate as will permit the loan to be wholly redeemed within the period of the loan and "such instalments shall continue to be payable until all moneys advanced from time to time by the Treasurer by way of that loan together with the" interest accrued thereon have been so paid.

368 Gold Coast Waterways Authority Act 1979, No. 38 The Treasurer may at any time make any adjustment that he considers necessary to be made with respect to the period of any loan or the calculation of interest thereon or with respect to any other matter connected with the loan that in his opinion requires adjustment. (2) When and so often as all or part of moneys from time to time due and payable by the Authority to the Treasurer in respect of a loan advanced by the Treasurer to the Authority remains unpaid after the expiration of three months from the date when such moneys or part are due and payable, or if the Treasurer pays any money under a guarantee given by him in relation to moneys borrowed by the Authority under the authority of this Act, the Treasurer may, by notification in the Gazette, appoint a receiver to collect on his behalf and to pay to the Treasury all or any moneys from time to time due and owing to the Authority to the amount stated in such notification. (3) The Treasurer may from time to time make all such orders and give all such directions with respect to the powers and duties of the receiver and the management by him of the business of the Authority as he thinks fit and judicial notice shall be taken of all such orders and directions. (4) On and from the date specified in the notification of his appointment the receiver shall be the only person legally entitled to receive the revenues of the Authority and it shall be deemed to that extent and for that purpose that he is an accountable officer within the meaning of the Financial Administration and Audit Act1977-1978 and that the Authority is his department. (5) A receiver may be appointed under this section either in respect of the general revenue of the Authority or in respect of specified revenue. 38. Debentures , bonds and stock . (1) All debentures, bonds and inscribed stock issued under the authority of this Act- (a) shall, subject to this Act, be issued in such series or sold in such amounts or parcels at such times and places in or outside the State and in such manner as the Authority thinks fit; (b) shall, with interest thereon, be a charge on the revenues of the Authority subject to any prior debentures, bonds or stock issued by the Board according to law; (c) shall bear interest at the rate and be redeemable at such date or dates and at such place or places in or outside the State as prescribed in the Order in Council referred to in section 33 (3) made in respect of the loan to which the debentures, bonds or stock relate; (d) may, in the case of debentures and bonds with the consent of the holder or in the case of inscribed stock with the consent of the registered owner, be paid off at any time before the due date for payment at not more than the amount of the principal remaining unpaid at the time or, with the consent of the Governor in Council, at a premium with interest thereon to the date of payment only. (2) Interest secured by debentures, bonds or inscribed stock shall be payable at such times and at such place or places in or outside the State as prescribed in the Order in Council referred to in section 33 (3) made in respect of the loan to which any such debenture, bond or stock relates.

Gold Coast Waterways Authority Act 1979, No. 38 369 (3) Every debenture issued under the authority of this Act- (a) shall be sealed with the seal of the Authority and signed by the Chairman and the Manager and when so sealed and signed shall be taken to have been duly issued; (b) shall be numbered consecutively so that no two debentures in one and the same series shall at any time bear the same number; (c) shall have set forth therein the places and times at which the principal and interest are payable. (4) When a debenture issued under the authority of this Act is not transferable by delivery that fact shall be expressly stated on its face. (5) In the case of a debenture issued under the authority of this Act with coupons the holder of such a coupon, whether the same be separate from the debenture or not, shall be entitled to receive payment from the Authority of the sum named therein upon presentation on or after the due date for payment at the place where the same is expressed to be made payable. (6) In the case of a debenture issued under the authority of this Act without coupons the lender or in the event of a transfer of such debenture the transferee for the time being shall, subject to this subsection, be entitled to receive payment from the Authority in respect of principal and interest in accordance with the terms and conditions of such debenture. A transferee in respect of whom the Authority has not been given notice as prescribed shall not be entitled to receive and the Authority shall not be liable to make to such a transferee any payment in respect of a debenture issued without coupons except under attachment by process of law and then only to the extent of moneys due and payable to such transferee under the debenture and unpaid by the Authority to the lender or a prior transferee. The entitlement of a transferee in respect of whom the Authority has been given notice as prescribed to receive payment in respect of a debenture issued without coupons shall be subject to any payment which, having become due and payable under such debenture before the Authority was given such notice, was made by it to the lender or a prior transferee. In this subsection the expression " notice as prescribed " means a notice in writing signed by the transferor and transferee and verified to the satisfaction of the Authority. 39. Remedies . (1) If the Authority makes default in making a payment whether of principal or interest to a person under any borrowing, raising or financial arrangement made pursuant to section 33- (a) the person may make application to and procure all necessary orders and directions from the Supreme Court for the appointment of a reciever and such court shall have jurisdiction to make all such orders for the appointment of a receiver and for his removal and the appointment of another in his place as may be necessary and to make any orders and give any directions which such court considers proper; or

370 Gold Coast Waterways Authority Act 1979, No. 38 (b) the person to whom such payment should have been made may recover the amount in respect of which default has been made as a debt by action against the Authority in a court of competent jurisdiction. (2) A receiver appointed under subsection (1) shall be deemed to be an officer of the court and shall act under its direction and may be appointed in respect of the general revenue of the Authority or in respect of specified revenue. 40. Powers and duties of receiver . (1) A receiver appointed. by the Treasurer or the Supreme Court may collect all the revenue payable to the Authority in respect of which revenue he was appointed receiver and for the purpose of enforcing his right to such revenue he shall be deemed to be the Authority and may exercise all of its powers. (2) A receiver shall pay and apply all moneys received by him in the course of his receivership as follows:- (a) firstly, in payment of the costs, charges and expenses of collection and of his remuneration; (b) secondly- (i) if he was appointed by the Treasurer, in payment of the amount due and payable to the Treasurer including any money paid by the Treasurer under a guarantee given by the Treasurer in relation to moneys borrowed or raised or in relation to financial arrangements made by the Authority pursuant to section 33 together with interest on such amount at such rate as is specified by the Treasurer; or (ii) if he was appointed by the Supreme Court upon the application of a person from whom or with whom the Authority has borrowed or raised money or made financial arrangements, in payment subject to any order of the court to such person or to such other persons generally in such order of priority or otherwise as the court thinks fit; (c) thirdly, in payment of the residue of such moneys to the Authority. 41. Remuneration of receiver . (1) A receiver appointed by the Treasurer shall be entitled to such commission and remuneration for his services as the Treasurer orders. (2) A receiver appointed by the Supreme Court shall be entitled to such commission and remuneration as the court orders. (3) The commission or remuneration of a receiver shall be payable out of the revenues of the Authority in respect of which he was appointed as receiver. 42. Brokerage . (I) The Authority may pay moneys by way of brokerage in relation to any borrowing or raising of money or the making of financial arrangements which the Governor in Council has authorized: Provided that no moneys shall be paid by the Authority by way of brokerage unless the Treasurer of Queensland has approved of the payment of brokerage, which approval may be given by the Treasurer subject to such terms and conditions as he thinks fit.

Gold Coast Waterways Authority Act 1979, No. 38 371 (2) Section 14 of the Money Lenders Act 1916-1973 shall not apply or extend to brokerage which the Authority is authorized by this section to pay and which is agreed to be paid by the Authority subject to the terms and conditions (if any) imposed by the Treasurer. 43. (1) Loan to be authorized investment . Unless expressly forbidden by the instrument (if any) creating the trust, an investment by a trustee of trust funds in a loan raised under the authority of this Act shall be an authorized investment within the meaning of the Trusts Act1973. (2) Notice of trusts not to be received . The Authority or any agent of the Authority shall not receive and shall be deemed to have not received notice of any trust express, implied or constructive in relation to any debentures or bonds issued or stock inscribed under the authority of this Act and the Authority or any agent of the Authority shall not be bound to see to the execution of any trust to which such debenture, bond or stock may be subject. (3) Lender not bound to enquire as to validity of security . A person advancing money to the Authority and receiving in consideration of such advance any debentures, bonds or stock issued under the authority of this Act shall not be bound to enquire whether the borrowing of the money was in fact duly authorized or into the application of the money so lent and he shall not be in any way responsible for the non-application or misappropriation thereof. 44. Authority to be Local Body. The Authority shall be a local body under and within the meaning of the Local Bodies' Loans Guarantee Act 1923-1979, the provisions whereof (other than section 7) shall apply and extend accordingly subject to such modifications as the Governor in Council prescribes generally by regulations or in respect of a particular borrowing, raising or arrangement by Order in Council. Where pursuant to that Act the Treasurer on behalf of the Government of Queensland guarantees the amount or any part of the amount of any borrowing or raising or the carrying out of any terms and conditions of any financial arrangement made pursuant to section 33 (with interest at the agreed rate) all moneys payable by the Treasurer pursuant to the guarantee shall be a charge upon and be paid out of Consolidated Revenue which is hereby to the necessary extent appropriated accordingly. 45. Regulations relating to loans. (1) The power conferred on the Governor in Council by this Act to make regulations includes power to make regulations relating to the borrowing or raising of money or the making of any financial arrangement under the authority of this Act and to the repayment of moneys borrowed or raised and the payment or repayment of moneys pursuant to any financial arrangement and, without limiting the generality of the foregoing power- (a) providing for the establishment of a registry for the inscription of stock, prescribing the form of and the manner of issuing debentures, bonds or inscribed stock, providing for the keeping and inspection of and the taking of copies of or extracts from the register of debentures and bonds or from stock ledgers and providing for lost or defaced debentures, coupons, bonds or stock certificates and the destruction of discharged debentures, coupons, bonds, or stock certificates;

372 Gold Coast Waterways Authority Act 1979, No. 38 (b) prescribing matters relating to the raising of loans outside the State; (c) providing for sinking funds and other methods for the repayment of moneys borrowed, providing for and appointing trustees of a debt redemption fund with respect to such repayment and prescribing the powers, functions and duties of such trustees and regulating and controlling all or any matters with respect to such debt redemption funds, trustees, sinking funds or other methods aforesaid. (2) Until regulations are made in respect of the matters specified in subsection (1) the regulations made under subsection (2) of section 110 of the Harbours Act 1955-1978 so far as the same can be applied shall apply in respect of borrowings, raisings or financial arrangements of the Authority under the authority of this Act and subsection (3) of that section shall have application to such borrowings, raisings or financial arrangements and to the authorization of the same as it is expressed to have to borrowings, raisings or financial arrangements by Harbour Boards and to the authorization of the same. 46. Illegal borrowing or raising . (1) A person who lends money or advances money under any raising to the Authority otherwise than in accordance with this Act or some other Act shall have no remedy or right whatsoever to recover money from the Authority in respect of that loan or raising. (2) If the Authority borrows or raises money which it is not lawfully authorized under this Act or some other Act to borrow or raise all the members of the Authority who have consented to the borrowing or raising of such money shall be jointly and severally liable to repay the same and to pay all interest thereon to the person from whom the same was borrowed or raised and the same may be recovered from them or any of them as money lent by such person to such members, or, as the case may be, member by action at the suit of the Treasurer in any court of competent jurisdiction. (3) If any moneys are appropriated from any fund for the purpose of repaying money so borrowed or raised or of paying interest thereon the members of the Authority who consented to the misappropriation of such moneys for that purpose shall be jointly and severally liable to refund the same with interest at the rate of eight per centum per annum and the same may be recovered from such members or any of them by action in any court of competent jurisdiction at the suit of the Treasurer who, on recovery of the same, shall pay the amount recovered into the fund concerned but shall be entitled to full costs of suit including costs as between solicitor and client. (4) The provisions of this section shall be construed so as not to prejudice the operation of the provisions of section 43 (3). 47. Advance by way of overdraft. The Authority with the approval of the Governor in Council first had and obtained, may obtain temporary financial accommodation by way of advance from any bank by way of overdraft on its General Fund or Loan Fund. The Governor in Council, by Order in Council, may fix a maximum amount to which the Authority may obtain such temporary finance whereupon the Authority shall not suffer the amount of its overdraft to exceed the amount so fixed.

Gold Coast Waterways Authority Act 1979, No. 38 373 Division 4-Accounts and Audit 48. Accounts to be kept . The Authority shall cause proper accounts to be established and faithfully and properly kept in accordance with this Act. 49. Statement of accounts of funds. The Manager shall present to each ordinary meeting of the Authority statements of accounts in relation to the budgets for the period of the financial year from commencement to the close of the month last concluded. These statements of account shall show both estimated receipts and disbursements and actual receipts and disbursements with such explanations as will give a true indication of the progressive state of the votes provided in the budget and, in addition, the statements submitted to the first meeting of the Authority held after the last day of December and March shall include an estimate of the anticipated position at the end of the financial year. 50. Annual accounts of Authority. (1) The Manager shall cause the accounts of the Authority to be balanced, and to be truly prepared and laid before the Authority on or before 31 August in each financial year the following statements as at the close of the preceding financial year- (a) an annual statement of receipts and disbursements in respect of each of the funds kept by the Authority in the same form as is used for framing the respective budgets for those funds; (b) a statement of loan liabilities specifying- (i) the amount of each loan; (ii) the date when each loan was borrowed; (iii) the purposes for which each loan was borrowed; (iv) the currency of each loan; (v) the annual charge for interest and redemption in respect of each loan; (vi) the amount of arrears (if any) in payments for interest and redemption at the end of the financial year in question in respect of each loan; (vii) the amount outstanding at the end of the financial year in question in respect of each loan; (c) a statement of contracts in writing and under seal entered into by the Authority during the financial year in question; (d) a statement of debts due by or to the Authority at the close of the financial year in question; (e) an annual income and expenditure account in respect of the General Fund; and (f) a balance sheet at the close of the financial year in question. (2) Every statement of account referred to in subsection (1) shall be signed as correct by the Chairman and Manager and sealed with the seal of the Authority. (3) Forthwith upon completion of the preparation of the statements, accounts and balance sheets specified in subsection (1) the Authority shall lay the same and the accounts of the Authority balanced as aforesaid

374 Gold Coast Waterways Authority Act 1979, No. 38 (accompanied by proper vouchers in support thereof and all books, papers, writings and records of the Authority relating thereto ) before the auditor appointed under this Act to examine the accounts of the Authority. (4) Until the annual financial statements have been audited pursuant to section 51 and laid before the Legislative Assembly pursuant to section 77 no such statement shall be sold or made available to any person other than the Auditor -General or a person acting in aid of him, the Minister or a person acting in aid of him, or a member or officer of the Authority. (5) When the annual financial statements have been audited and laid before the Legislative Assembly as specified in subsection (4) the Authority shall cause to be published in a newspaper circulating in the City of Gold Coast a notice to the effect that such statements are open to inspection at the public office of the Authority and that a copy thereof may be purchased by payment to the Authority of an amount specified , which may be fixed from time to time by resolution of the Authority. 51. Audit of accounts . ( 1) The accounts of the Authority shall be audited by the Auditor- General or an authorized officer within the meaning of the FinancialAdministrationand Audit Act1977-1978 directed by the Auditor- General, each of whom shall have with respect to such audit and accounts all the powers and authorities conferred on him by that Act. The fee payable by the Authority in respect of the audit shall be fixed by the Auditor- General. (2) The Auditor- General shall certify whether the statements of account prepared on behalf of the Authority- (a) are, where applicable , prepared in the form required by this Act; (b) are in agreement with the accounts; and (c) in his opinion fairly set out the financial transactions for the period to which they relate and show a true and fair view of the state of affairs at the close of that period. (3) The Auditor- General shall , at least once in each year , report to the Minister through the Treasurer the results of each audit carried out pursuant to this section and shall, if he thinks fit, include with the report recommendations to the Minister or to the Chairman with respect to the financial statements and the manner of operating and maintaining the accounts in question. A copy of such report and recommendations (if any ) shall be furnished to the Chairman. The Minister or, as the case may be, the Chairman shall give due consideration to the report and the recommendations (if any) of the Auditor-General made pursuant to this subsection. (4) The Auditor- General shall include in his annual report to Parliament such matters with respect to the financial transactions of the Authority as he thinks fit: Provided that if in the opinion of the Auditor-General, the circumstances so warrant, he may make an additional or special report to Parliament at any time.

Gold Coast Waterways Authority Act 1979, No. 38 375 (5) The report of the Auditor-General together with the accounts certified as aforesaid by him shall be submitted to the members of the Authority at the first ordinary meeting held after the report becomes available to the Chairman. Division 5 -Proceedings and Business of Authority 52. Meetings of the Authority. (1) The Authority shall hold its first meeting within one month after it is first constituted at such time and place as the Chairman of the Authority appoints. (2) The Authority shall, by its resolution, appoint the times and places at which its meetings will be held and shall hold its meetings as so resolved from time to time. 53. Presiding at meetings . The Chairman of the Authority shall preside at every meeting of the Authority at which he is present and, in his absence, the Deputy-Chairman of the Authority shall so preside, if he is present. If both the Chairman and Deputy-Chairman are absent from any meeting the members of the Authority who are present, if they constitute a quorum, may appoint one of their number to act as chairman of the meeting and such appointee may preside at the meeting and exercise the powers and functions of the Chairman. 54. Quorum at meetings . The quorum of the Authority shall consist of a majority of the number of members of the Authority for the time being holding office. 55. Notice of meetings . Notice of every meeting or adjourned meeting, other than a meeting adjourned to a later hour of the same day on which such meeting was appointed to be held, shall be in writing and shall be given to each member of the Authority at least seven days prior to the date appointed for such meeting: Provided that in circumstances which in the opinion of the Chairman of the Authority or of two other members of the Authority constitute an emergency the Chairman or, as the case may be, such two members may upon notice to all the members call a meeting of the Authority and the same may be validly held notwithstanding that the notice given is for less than the time prescribed by the preceding paragraph for a notice of meeting. A notice of a meeting or an adjourned meeting may be given to a member by prepaid post letter addressed to his place of business or place of residence last known to the Chairman. 56. Adjournment of meetings. The members present at a meeting of the Authority may adjourn the meeting from time to time. If a quorum is not present at a meeting within 15 minutes after the time appointed for the meeting to commence the member or members present or the majority of them if more than two are present may adjourn such meeting to any time not later than 14 days from the date of such adjournment. No provision of the preceding paragraph shall be construed to prevent the adjournment of a meeting to a later hour of the same day on which such meeting was appointed to be held.

376 Gold Coast Waterways Authority Act 1979, No. 38 57. Conduct of Authority' s affairs. (1) The Authority shall exercise or perform a power, authority, function, duty or obligation by majority vote of its members present and voting at the meeting at which such exercise or performance is to occur. A member who, being present at a meeting and entitled to vote, abstains from voting shall be deemed to have voted in the negative. The person who is duly presiding at a meeting, if he is entitled to vote, shall have a deliberative vote and, in the event of an equality of votes, a casting vote. (2) The Authority shall cause to be recorded in a book provided for the purpose (in this Act called the minute book), kept by the Manager of the Authority under the superintendence of the Chairman of the Authority- (a) particulars of all proceedings of the Authority; (b) the names of the members present at each meeting of the Authority; (c) the names of all members voting on any question before the Authority on which a division is called. Every entry in the minute book shall be signed at the meeting of the Authority next following the meeting at which the proceedings to which the entry relates were taken, by the Chairman of the Authority or other person who duly presides at such next following meeting and by the Manager. (3) Every entry in the minute book purporting to be signed as prescribed and every writing purporting to be a copy of or extract from such an entry (purporting to be signed by the Chairman of the Authority and sealed with the seal of the Authority) shall upon its. production in any proceeding be evidence, and in the absence of evidence to the contrary conclusive evidence, of the matters containedtherein without further proof of the regularity of the meeting to which-the entry relates or-of any other matter referred to therein. 58. Custody of seal; authentication of documents . (1) The common seal of the Authority shall be in the custody of the Manager of the Authority. (2) The common seal shall not be affixed to a document except under the authority of a resolution of the Authority and shall be affixed by the person who has custody of the seal in accordance with this Act. (3) Except where it is by this Act otherwise prescribed, a document made or issued by the Authority for the purposes of this Act shall be sufficiently authenticated if it is made or, as the case may be, signed by the Manager of the Authority. 59. Validity of proceedings . An act or proceeding of the Authority shall not be invalidated or in any way prejudiced by reason only of the fact that at the time such act was done or proceeding taken there were vacancies in the membership of the Authority not exceeding one-half of the total number of members for the time being required to constitute the Authority or that all the members for the time being holding office were not present at the meeting at which such act or proceeding was done or authorized or that there is a defect in the qualification, membership or appointment of any one or more of the members who joined in doing such act or taking such proceeding or in authorizing such act or proceeding or of any combination of such facts.

Gold Coast Waterways Authority Act 1979, No. 38 377 60. Disability on participation in business of Authority. (1) If a member of the Authority has any pecuniary interest, direct or indirect, in any contract or proposed contract or other matter and is present at a meeting of the Authority at which the contract or proposed contract or other matter is to be considered he shall, at the meeting and as soon as practicable after its commencement, disclose the fact of his interest, shall withdraw from the meeting and shall not participate in the consideration of or vote on any question with respect to the contract, proposed contract or other matter. This subsection does not apply to an interest which a member may have in common with the public. (2) For the purposes of this section a person shall, subject to this subsection, be taken to have an indirect pecuniary interest in a contract or a proposed contract or other matter if- (a) he or a nominee of his is a member of a body corporate with which the contract is made or is proposed to be made or which has a direct. pecuniary interest in the other matter under consideration; or (b) he is a partner or an employee of a person with whom the contract is made or is proposed to be made or who has a direct pecuniary interest in the other matter under consideration: Provided that- (i) this subsection does not apply to membership of or employment under any public body; (ii) a member of a body corporate shall not, by reason only of his membership, be taken to have an interest such as is referred to in this subsection if he has no beneficial interest in any shares or stock of that body corporate. _ In the case of spouses living together the interest of one spouse shall, if it is known to the other, be deemed for the purposes of this subsection to be also the interest of that other spouse. (3) A general notice given in writing to the Manager of the Authority by a member of the Authority to the effect that he or his spouse is a member or an employee of a specified body corporate, or that he or his spouse is a partner or an employee of a specified person shall, unless and until the notice is withdrawn, be deemed to be a sufficient disclosure of his interest in any contract, proposed contract or other matter made, proposed to be made or relating to that body corporate or person which may become the subject of consideration by the Authority after the date of the notice. The Manager of the Authority shall record in a book to be kept for the purpose particulars of every disclosure made and of every notice given under this subsection and the book shall be open at all reasonable times to the inspection of any member of the Authority. (4) The Minister, subject to such conditions as he thinks fit to impose, may remove as respects any member of the Authority any disability imposed by this section whenever the number of members so disabled at any time would in his opinion be such as to impede the conduct of business of the Authority or if, in any other case, it appears to the Minister desirable that the disability should be removed. 13

378 Gold Coast Waterways Authority Act 1979, No. 38 (5) A member of the Authority who has a pecuniary interest in any contract, proposed contract or other matter as prescribed by this section and who fails to comply with subsection (1) commits an offence against this Act unless he proves that he did not know that the contract, proposed contract or other matter was the subject for consideration at the meeting in question of the Authority. In addition to any other penalty he may incur on account thereof, upon conviction of an offence defined in this subsection the member's office as a member of the Authority shall thereby become vacant and such vacancy may be filled as a casual vacancy pursuant to section 9... PART IV-GOLD COAST WATERWAYS 61. Waterways defined . (1) The Gold Coast Waterways is that area defined in the Schedule. (2) The Governor in Council may, by Order in Council, vary the limits of the Gold Coast Waterways in such manner as he thinks fit by amending the area for the time being defined in the Schedule. (3) The Schedule shall be amended as provided for by the Governor in Council and the area defined therein as so amended shall become and be the Gold Coast Waterways for the time being. 62. Harbours Act applies to Waterways . The Waterways as defined for the time being is a harbour within the meaning of the Harbours Act 1955-1978. The provisions of that Act, which apply to harbours generally, shall apply to the Waterways. PART V-ASSETS AND LIABILITIES OF AUTHORITY 63. Vesting of assets . Subject to section 65, upon the appointed day- (a) all personal property of the Port Authority held by it at that date for the purposes of the Waterways shall, by force of this Act, be divested from the Port Authority and be vested in the Authority; (b) the estate, right , title and interest of the Port Authority in all land held by it at that date for the purposes of the Waterways shall, by force of this Act, be divested from the Port Authority and be vested in the Authority; (c) all chosen in action, the property of the Port Authority which relate or are referable to the operation of the Waterways shall, by force of this Act, be divested from the Port Authority and be vested in the Authority.

Gold Coast Waterways Authority Act 1979, No. 38 379 64. Assignment of liabilities . Subject to section 65, upon the appointed day the Authority shall, by force of this Act, become and be liable in respect of each of the liabilities and obligations had or incurred by the Port Authority in relation to the Waterways or its operation and the Port Authority shall thereupon cease to be liable in respect of each of those liabilities and obligations in respect of which the Authority shall become and be liable. 65. Enforcement of accrued claims. A vesting of any property pursuant to section 63 and an assignment of any liability pursuant to section 64 shall not prejudice the making or enforcement by the Port Authority against any person or by any person against the Port Authority of any claim, liquidated or unliquidated, that arose or was made before the appointed day. 66. Securing property to Authority. (1) Upon the request of the Authority- (a) all such documents of title and documents evidencing ownership of property vested in the Authority pursuant to section 63 as are in the possession or control of the Port Authority shall be surrendered to the Authority; (b) all transfers of right, title or interest and other documents that are required by the Authority with a view to its being recorded in any registry as proprietor, lessee or owner of property vested in the Authority pursuant to section 63 shall be duly made; (c) all such acts and steps as are required by the Authority to be done or taken with a view to securing to it property vested in it pursuant to section 63 shall be done and taken by or on behalf of the Port Authority. (2) Where property vested in the Authority pursuant to section 63 consists of a chose in action, the publication in the Gazette of the appointment of the proclaimed date shall be sufficient notice to all persons of the passing of the property. 67. Privity of contract . Where- property (being a chose in action) vested in the Authority pursuant to section 63, or a liability or obligation in respect of which the Authority becomes liable pursuant to section 64, arises by reason of a contract or agreement made between the Port Authority and any person then, for the purpose of enforcing by or against the Authority such chose in action or liability or obligation it shall be deemed that such contract or agreement was made between the Authority and that person. 68. Duties and fees not payable. No duties or fees shall be charged or be payable in respect of the transfer of any property pursuant to section 63 or in respect of the assignment of any liability or obligation pursuant to section 64 or in respect of any document evidencing or securing the same.

380 Gold Coast Waterways Authority Act 1979, No. 38 69. Vesting of management and control of wharves etc. (1) Where pursuant to section 140 of the Harbours Act 1955-1978 the management and control of any wharf or other harbour work situated in the Waterways has been vested in the Harbours Corporation or the Port Authority then, upon the appointed day and without any other authority than this Act the management and control of that wharf or other harbour work shall become vested in the Authority. The provisions of section 140 of the Harbours Act 1955-1978 shall continue to apply to every such wharf or, as the case may be, other harbour work. (2) The management and control of any such wharf or other harbour work shall be exercised by the Authority in accordance with any terms and conditions which existed in respect thereto immediately prior to the appointed day. PART VI-GENERAL PROVISIONS 70. Authority to be considered Harbour Board for certain purposes. For the purpose of section 185 of the Harbours Act 1955-1978 the Authority shall be considered to be a Harbour Board. 71. Certain by-laws of Harbours Corporation and Port Authority to apply . By-laws made by the Harbours Corporation or the Port Authority in relation to the Waterways and subsisting at the appointed day shall be deemed to be by-laws made by the Authority and shall continue to apply in respect of the Waterways until they are duly revoked or varied by the Authority. 72. Section 62A of Harbours Act not to apply. (1) Section 62A of the Harbours Act 1955-1978 does not apply to the Authority or to any land vested in or acquired by the Authority. (2) For the purposes of the Harbours Act 1955-1978 all pieces and parcels of land vested in the Authority, by this Act or subsequently acquired by the Authority shall be deemed to be harbour lands. 73. Authority may lease land. (1) Notwithstanding section 64 (1) (a) of the Harbours Act 1955-1978 the Authority may upon such terms and conditions as it thinks fit lease for any purpose land vested in or held by it. (2) The further provisions of section 64 of the Harbours Act 1955-1978 shall apply to the Authority and in respect of any such lease. 74. Minister may direct that investigation be carried out. (1) The provisions of this section shall be in addition to and not in substitution for or diminution of the provisions of any other Act.

Gold Coast Waterways Authority Act 1979, No. 38 381 (2) (a) Where pursuant to the provisions of the Harbours Act 1955-1978 the Authority or any person whomsoever seeks the sanction of the Governor in Council to construct any harbour works or other works within the limits of the Waterways the Minister may direct the Authority or, as the case may be, person to carry out or cause to be carried out such testing and investigation as will show whether the proposed construction is, or is not, likely to result in an increase in the flood levels of or to cause any other deleterious effect to the Waterways. (b) Where pursuant to the provisions of the Canals Act1958-1979 the Authority or any person whomsoever makes application to obtain the provisional approval of the Governor in Council to construct a canal to be connected or intended to be connected with any tidal water in the Waterways the Minister may direct the Authority or, as the case may be, person to carry out or cause to be carried out such testing and investigation as will show whether the proposed construction is, or is not, likely to result in an increase in the flood levels of or to cause any other deleterious effect to the Waterways. (3) Full details of the results of all such testing and investigation shall be supplied to the Minister who shall report thereon to the Governor in Council. 75. Regulations . (1) The Governor in Council may by regulations prescribe- (a) with respect to all matters for which he is empowered to so prescribe by the Harbours Act 1955-1978; (b) with respect to all matters required or permitted by this Act to be prescribed and for which no other mode of prescription is provided; and (c) with respect to all matters which, in his opinion, are necessary or convenient for the proper administration of this Act or the proper exercise or performance by the Authority of its powers, authorities, functions and duties or to achieve the objects and purposes of this Act. (2) Until a regulation is made under this Act with respect to any matter a regulation made under the Harbours Act 1955-1978 with respect to that matter, having application in relation to harbours generally or to Harbour Boards generally and subsisting at the appointed day shall apply in relation to the Waterways or to the Authority and shall be deemed to have been made under this Act. 76. General offence provision . (1) A person who contravenes or fails to comply with any provision of this Act or with any direction given to him under the authority of this Act or of the Harbours Act 1955-1978 commits an offence against this Act.

'382 Gold Coast Waterways Authority Act 1979, No. 38 Where a contravention or failure to comply constitutes an offence against this Act and an offence against the Harbours Act 1955-1978 the offender may be proceeded against under this Act or under that Act but he shall not be liable to be twice punished for the one offence. (2) Proceedings in respect of offences against this Act shall be taken by way of summary proceedings under the Justices Act1886-1979 on the complaint of the Manager of the Authority or of some person authorized in that behalf by writing under the hand of the Manager or the seal of the Authority. Such proceedings may be commenced at any time within twelve months after the commission of the offence or within six months after the commission of the offence comes to the knowledge of the complainant, whichever period is the later to expire. (3) A person convicted of an offence against this Act for which a specific penalty is not otherwise prescribed is liable to a penalty not exceeding $1000. Any penalty to which a person is liable upon his conviction for an offence against this Act shall be in addition to any forfeiture incurred by him under this Act on account of that offence. Where a penalty to which a person is liable for an offence against this Act is expressed to be a minimum penalty, the penalty to be imposed in respect of that offence shall not be reduced below that minimum, the provisions of any Act to the contrary notwithstanding. The adjudgment or payment of a penalty under this Act shall not relieve any person from the payment of any fees or other moneys payable to the Authority under this Act or the Harbours Act 1955-1978. 77. Annual report . (1) As soon as is practicable after the expiration of the financial year the Authority shall furnish to the Minister a report on its operations throughout that year. (2) The report shall include such statements of account and other financial and relevant information as may be prescribed, together with the certificate of the Auditor-General prescribed by section 51 (2).. (3) The Minister shall lay the report of the Authority before the Legislative Assembly- (a) within 14 sitting days of his receipt of the report if the Assembly is then sitting; or (b) if the Assembly is not then sitting, within 14 sitting days after the commencement of its sittings next following his receipt of the report. 78. Mode of service of documents . A notice or other writing authorized or required by this Act to be given to any person shall be duly given if- (a) it is served personally on the person to whom it is directed; (b) it is left at the place of residence or business of the person to whom it is directed last known to the Authority; (c) it is sent by post to the place of residence or business of the person to whom it is directed last known to the Authority.

Gold Coast Waterways Authorrty Act 1979, No. 38 383 SCHEDULE s. 61 GOLD COAST WATERWAYS All areas south of latitude 27° 41' S below high water mark of Moreton Bay- and the Broadwater including all navigable rivers communicating with those areas and the banks and foreshores thereof and all navigable rivers communicating with the Pacific Ocean to the south of such areas and the banks and foreshores thereof.