Groyne Construction (Palm Beach) Act 1980 (Qld)

841 Qluatslanbr ANNO VICESIMO NONO ELIZABETHAE SECUNDAE REGINAE No. 56 of 1980 An Act to authorize as a matter of urgency construction of a groyne or groynes by the Crown from the coast of Queensland at Palm Beach in the City of Gold Coast and extending seaward to combat erosion by the sea of that coast and for related purposes [ASSENTED TO 25TH SEPTEMBER, 1980]

842 Groyne Construction (Palm Beach) Act 1980, No. 56 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:- l. Short title . This Act may be cited as the Groyne Construction (Palm Beach) Act 1980. 2. Interpretation . In this Act, save where a contrary intention appears- Council " means the Council of the City of Gold Coast, the Local Authority constituted under the Local Government Act 1936-1980; groyne" means any structure made of rock, concrete or like material intended to interrupt or hinder the littoral. drift of sand: " Minister " means the Minister for Maritime Services and Tourism or other Minister of the Crown charged with the administration of this Act and includes any person for the time being performing the duties of the Minister. 3. Application of Act. (1) This Act applies in relation to any groyne proposed to be constructed by the Minister from the coast of Queensland at Palm Beach in the City of Gold Coast seaward. (2) The Beach Protection Act 1968-1974 does not apply in relation to any groyne approved by the Governor in Council under section 4 for construction. 4. Approval of Governor in Council . (I) If it is proposed to construct a groyne in relation to which this Act applies the Minister may submit to the Governor in Council particulars of the proposal and seek of the Governor in Council his approval of such construction. (2) Where the Governor in Council is satisfied with the proposal to construct a groyne he shall, by Order in Council, approve of its construction and, if the case require it, shall therein specify the conditions that should apply to such construction and thereafter. 5. Provision as to past approvals . Where before the passing of this Act the Governor in Council has approved of the construction of a groyne that is of a description of groyne in relation to which this Act applies, such approval shall be deemed to have been duly given by him under section 4 and the expression " a groyne approved by the Governor in Council under section 4 for construction ", or any like expression, wherever it occurs in this Act shall be taken to include reference to such first-mentioned groyne. 6. Authority to construct g royne . (I) The Minister is hereby authorized and required- (a) to act as a constructing authority and to construct such groyne or groynes as is or are approved by the Governor in Council under section 4 for construction and to cause such other works to be erected or performed as in the Minister's opinion are necessary or desirable for the purposes of such construction; and

GroYne Construction (Palm Beach) Act 1980, No. 56 843 (b) to make and perform such contracts as in the Minister's opinion are necessary x10 comply with paragraph (a). (2) In exercising the authority conferred on him by subsection (1) the Minister shall cause all conditions specified in the Order in Council relating to the construction of the groyne in question to be complied with. 7. Authority to arrange for works. (I) The Minister is hereby authorized to make arrangements with the Council for the performance by the Council of such works as are necessary or desirable- (a) in connexion with the construction of any groyne approved by the Governor in Council under section 4 for construction; (b) to achieve the purpose for which any such groyne is to be or is constructed; or (c) to maintain any such groyne when constructed. (2) The Council is hereby authorized to perform, as a function of local government, such works as are required to carry out arrangements made with it under subsection (1). (3) Where works to be performed by the Council pursuant to the authority conferred by subsection (2) consist of or include the pumping or taking of sand, it shall be deemed that such pumping or taking is for the purposes of beach protection. (4) In no case shall there be taken to be a duty owed to any person to restore sand or to deposit sand in any place, either at all or in any particular quantity, in connexion with a groyne approved under section 4 for construction. 8. Provisions as to past arrangements . Where before the passing of this Act arrangements have been made with the Council to perform works such as are referred to in section 7, those arrangements shall be deemed to have been duly made by the Minister with the Council under the authority conferred by that section and the provisions of this Act shall apply in relation to the performance of works by the Council for the purpose of carrying out those arrangements.