Harbours Act and Other Acts Amendment Act 1987 (Qld)

836 ANNO TRICESIMO SEXTO E LIZAB ET H AE SE-CU ND A E RED INAE i Co G iB An Act to ame nd the H arbours Act 1955-1982, the GoldCoast Waterways Authority Act 1979--)82, the 'c rt of B risbane Authority Act 1976-' `he C:-_ Airport Act 1981 and the Canals Act L -1 -19b 7 r in certain particulars [ASSENTED TO 16TH NOVEMBER, 1987]

Harbours Act and Other Acts Amendment Act 1987, No. 63 837 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 Harbours Act and Other Acts Amendment Act 1987. 2. Arrangement. This Act is divided into Parts as follows:- PART I-PRELIMINARY ( SS. 1-2); PART II-AMENDMENTS TO HARBOURS ACT (ss. 3-75); PART III-AMENDMENTS TO GOLD COAST WATERWAYS AUTHORITY ACT (ss. 76-92); PART IV-AMENDMENTS TO PORT OF BRISBANE AUTHORITY ACT (ss. 93-111); PART V-AMENDMENTS TO CAIRNS AIRPORT ACT (SS. 112-116); PART VI-AMENDMENTS TO CANALS ACT (SS. 117-123). PART 11-AMENDMENTS TO HARBOURS ACT 3. Principal Act and amended citation . (1) In this Part the Harbours Act 1955-1982 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Harbours Act 1955-1987. 4. Amendment of s. 3 . Parts of this Act. Section 3 of the Principal Act is amended by omitting the expression "(ss. 77-97)" and substituting the expression "(ss. 77-97A)". 5. A m endment of s. 8. Meaning of terms. Section 8 of the Principal Act is amended in subsection (1) by- (a) omitting the terms "Elective member", "Non-elective member", "Part", "Person", "Secretary" and "This Act" and their respective meanings; (b) inserting the following terms and their respective meanings in their respective appropriate alphabetical positions (determined on a letter-by-letter basis):- "Beach Protection Authority"-The Beach Protection Authority constituted by the Beach Protection Act 1968-1986; "Coast"-All land, including the bed and banks of any river, stream, watercourse, lake or other body of water- (a) that is situated above mean high-water mark at spring tides of any tidal water and within 400 metres, measured by the shortest distance, of that mark; (b) that is situated below mean high-water mark at spring tides of any tidal water: The term applies with respect to every island forming part of the State;

838 Harbours Act and O ther Acts Amendment Act 1987, No. 63 "Coastal management"-The works, activities, maintenance and other matters considered by the Beach Protection Authority to be necessary or expedient to protect the amenity of the coast and, subject thereto, to minimize damage to property from erosion or encroachment by tidal water; "Harbour Board land"-Land situated above high water mark and vested in or held by a Harbour Board and includes Crown land reserved and set apart for any public purpose and placed under the control of a Board as trustee pursuant to the Land Act 1962-1987 and Crown land placed under the management and control of a Board pursuant to this Act and any harbour works constructed or placed thereon; "Secretary"-The person appointed by a Harbour Board to be secretary of that Board: In the case of a statutory corporation that is by the Act constituting the corporation given the powers, authorities, functions, duties and obligations of a Harbour Board conferred, imposed or provided for by this Act, the term means the person appointed by the corporation to be the secretary of that corporation: In the case of the Harbours Corporation, the term means the Director; "Vehicle"-Includes a carriage, cart, dray, wagon, truck, hand- cart, barrow, bicycle, tricycle, motor cycle, motor car, motor omnibus, motor truck, motor utility truck, and a trailer attached to or drawn by a vehicle;". 6. Amendment of s. 9. Power of Governor in Council to define harbours and to constitute Harbour Boards, etc. Section 9 of the Principal Act is amended in subsection (1) by- (a) omitting paragraphs (vii), (viii), (ix), (x), (xi), (xii) and (xiii); (b) omitting from the end of paragraph (vi) the expression ";" and substituting the expression ".". 7. Amendment of s. 10. Savings upon alteration of h ar bours or of constitution of H ar bour Bo ar ds. Section 10 of the Principal Act is amended by- (a) omitting from subsection (1) the words ", Harbour Board District,"; (b) omitting subsection (3). 8. Amendment of 's. 11. The Harbours Corporation of Queensland. Section 11 of the Principal Act is amended by adding at the .end thereof the following subsection:- "(4) The Harbours Corporation represents the Crown and has and may exercise all the powers, privileges, rights and remedies of the Crown.".

Harbours Act and Other Acts Amendment Act 1987, No. 63 839 9. Amendment of s. 16. Existing Harbour Boards. Second Schedule. Section 16 of the Principal Act is amended by omitting subsection (2) and substituting the following subsection:- "(2) Unless and until altered pursuant to section 9, for the purposes of this Act the name and limits of the harbour for which each of those existing Boards is constituted shall be as set forth, opposite the name of the Board, in the second column of the Second Schedule.". 10. Amendment of s. 17. Constitution of Harbour Boards . Section 17 of the Principal Act is amended by omitting all words from and including the words "The limits" to the end of the section and substituting the words "The limits of that harbour defined and the Board constituted.". 11. Repeal of and new s. 19. The Principal Act is amended by repealing section 19 and substituting the following section:- "19. Members of Harbour Boards. (1) A Harbour Board shall consist of not more than seven persons who- (a) ordinarily reside within Queensland; and (b) are appointed by the Governor in Council, on the recommendation of the Minister, by notification published in the Gazette. (2) Subject to subsection (1), the Governor in Council, on the recommendation of the Minister, shall determine the actual number of members for each Harbour Board. (3) Where a member of a Harbour Board is an officer of the Public Service of Queensland the Minister may nominate as a deputy of that member another person to attend meetings of the Board when the member, for whom that deputy has been appointed, is unable to attend a meeting of the Board. (4) The deputy of a member may, in the absence of that member, attend any meeting of the Board in the stead of that member and whilst so attending shall have and may exercise all the powers, authorities, functions and duties of a member of the Board. (5) The first appointment of members of a Harbour Board pursuant to subsection (1) may be made at any time after the commencement of the Harbours Act and Other Acts Amendment Act 1987. (6) Until the first appointment of members of a Harbour Board pursuant to subsection (1) is made, the persons who were members of that Harbour Board immediately prior to the commencement of the Harbours Act and Other Acts Amendment Act 1987 shall continue to be the members of that Harbour Board. (7) Upon the first appointment of members of a Harbour Board pursuant to subsection (1) being made, the persons who

840 Harbours Act and Other Acts Amendment Act 1987, No. 63 were members of that Harbour Board immediately prior to that first appointment shall cease to be the members of that Harbour Board.". 12. Repeal of s. 20. Further powers upon alteration made in relation to Harbour Board Districts , etc. The Principal Act is amended by repealing section 20. 13. Repeal of and new s . 21. The Principal Act is amended by repealing section 21 and substituting the following section:- "21. Term of appointment of Members . (1) Every appointed member of a Harbour Board shall be appointed for a term of three years and, if recommended for further appointment, shall be eligible for further appointment as a member of the Board. (2) In every case, unless that office is sooner vacated, appointment shall be deemed to continue until a successor, appointed in accordance with this Act, assumes office as a member.". 14. Repeal of and new s . 23. The Principal Act is amended by repealing section 23 and substituting the following section:- "23. Proprietary and business interests to be declared. (1) The Minister shall not recommend a person for appointment as a member of a Harbour Board unless that person furnishes to the Minister prior to that recommendation a statutory declaration specifying the extent and nature of all proprietary or business interests had by that person that stand to be benefited directly by the operation of the relevant harbour. (2) Each member of a Harbour Board shall, on each occasion the proprietary or business interest had by that member that stands to be benefited directly by the operation of the relevant harbour changes, furnish to the Minister a fresh statutory declaration specifying the extent and nature of all proprietary or business interests then had by that member that stand to be benefited directly by the operation of the relevant harbour. (3) For the purposes of this section, a person who- (a) owns shares (whether beneficially or otherwise) in a body corporate that stands to be benefited directly by the operation of the harbour; (b) is a member of or the spouse of a member of a firm that stands to be benefited directly by the operation of the harbour; or (c) is a director or employee of a body corporate or is an employee of a firm that, in either case, stands to be benefited directly by the operation of the harbour, shall be taken to have a proprietary or business interest that stands to be benefited directly by the operation of the relevant harbour.".

Harbours Act and Other Acts Amendment Act 1987, No. 63 841 15. Repeal of s. 25. Government appointee may be removed from office . The Principal Act is amended by repealing section 25. 16. Repeal of s. 26. Triennial elections . The Principal Act is amended by repealing section 26 and omitting the heading "ELECTIONS, ETC." immediately preceding that section. 17. Repeal of s. 27. Elections by members of Local Authorities. The Principal Act is amended by repealing section 27. 18. Repeal of and new s. 28. The Principal Act is amended by repealing section 28 and substituting the following section:- "28. Vacating member's office . (1) A member of a Harbour Board 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 a Harbour Board. (3) A member of a Harbour Board 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 event of his absence without the Board's leave first obtained from three consecutive ordinary meetings of the Board of which notice has been duly given to him. (4) For the purposes of subsection (3) (c)- (a) the non-attendance of a member of a Harbour Board at the time and place appointed for an ordinary meeting shall not constitute absence from such meeting unless a meeting of the Board 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.". 19. Repeal of and new s. 29 . The Principal Act is amended by repealing section 29 and substituting the following section:- "29. Casual vacancy in member's office . (1) A member of a Harbour Board shall be taken to have vacated his office- (a) if he dies; (b) if he is deemed, pursuant to section 28 (3), to have vacated his office.

842 Harbours Act and Other Acts Amendment Act 1987, No. 63 (2) If a casual vacancy occurs in the office of a member of a Harbour Board during the currency of his term of appointment another person may be appointed as a member in accordance with section 19, to fill that vacancy. (3) 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.". 20. Repeal of s. 30. Term of office of member appointed to fill extraordinary vacancy. The Principal Act is amended by repealing section 30. 21. Repeal of s. 31 . Filling of extraordin ary vacancies in offices of non-elective me m bers. The Principal Act is amended by repealing section 31 and omitting the heading "FILLING OF VACANCIES BY GOVERNOR IN COUNCIL" immediately preceding that section. 22. Repeal of s. 32. In default of members being nominated or elected , Governor in Council may appoint persons to fill vacancies. The Principal Act is amended by repealing section 32. 23. Repeal of s. 33. Disputed elections or exercise of office. The Principal Act is amended by repealing section 33 and omitting the heading "OUSTER FROM OFFICE" immediately preceding that section. 24. Repeal of s. 34. Supreme Court may direct an inquiry to be made . The Principal Act is amended by repealing section 34. 25. Amend m ent of s. 35. Dissolution of H ar bour Bo ar d upon Board's request. Section 35 of the Principal Act is amended by- (a) omitting from subsection (1) (a) the words "election or appointment or partly in one way and partly by the other" and substituting the word "appointment"; (b) omitting subsection (5) and substituting the following subsection:- "(5) If, as indicated by the Order in Council dissolving the Board, the Board is dissolved for the purpose of constituting that Board afresh by appointment of the whole number of its members, then- (a) whenever the Governor in Council deems it so necessary, new appointments of members of that Board shall be made in accordance with section 19; and (b) the provisions of section 36 (2) shall apply for the purpose of enabling the powers, authorities, functions, duties and obligations of the Board to be exercised and performed and the Board constituted, if necessary, during the period while the Board remains dissolved, by the Harbours Corporation.".

Harbours Act and O ther Acts Amendment Act 1987, No. 63 843 26. Amendment of s. 36. Dissolution of Harbour Board by Governor in Council. Section 36 of the Principal Act is amended by- (a) omitting from subsection (1) (a) the words "election or appointment or partly in one way and partly by the other" and substituting the word "appointment"; (b) omitting from subsection (2) the words "by election or appointment or partly in one way and partly by the other of the whole number of its members"; (c) omitting subsection (4) and substituting the following subsection:- "(4) If, as indicated by the Order in Council dissolving the Board, the Board is dissolved for the purpose of constituting that Board afresh by appointment of the whole number of its members, then, whenever the Governor in Council deems it so necessary, new appointments in accordance with section 19 of members of that Board shall be made.". 27. Amendment of s. 36A. Dissolution of Harbour Board for purpose of control by Local Authority. Section 36A of the Principal Act is amended by- (a) in subsection (5)- (i) omitting the expression "(xiii)" and substituting the expression "(vi)"; (ii) omitting the words "or elected"; (b) omitting from subsection (6) the words "or elected". 28. Amendment of s. 37. Validity of acts done by a Harbour Board. Section 37 of the Principal Act is amended by omitting the words "election or" and the words "or nomination". 29. Repeal of and new s. 38 . The Principal Act is amended by repealing section 38 and substituting the following section:- "38. Chairman and deputy chairman of Harbour Board. (1) The chairman and deputy chairman of a Harbour Board shall be appointed from the members of the Board 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 chairman or deputy chairman, as the case may be, or as member of the Board is vacated or the term of appointment of members current at the material time expires, whichever event first occurs. (2) When an appointment is made to fill a casual vacancy in the office of a member who was chairman or deputy chairman of a Harbour Board the Governor in Council shall, by notification published in the Gazette, appoint the member of the Board who shall be the new chairman or deputy chairman, as the case may be.

844 Harbours Act and Other Acts Amendment Act 1987, No. 63 (3) (a) A member of a Harbour Board holding the office of chairman or deputy chairman may resign that office without affecting his office as a member. (b) A member of a Harbour Board holding the office of chairman or deputy chairman who resigns his office as a member shall upon and by virtue of such resignation be deemed to resign office as such chairman or, as the case may be, deputy chairman. (c) Upon and by virtue of the vacation pursuant to section 28 of his office as a member of a Harbour Board by the member who is the chairman or deputy chairman his office as such chairman or deputy chairman, as the case may be, shall also become and be vacant.". 30. Repeal of s. 40. Casual vacancy in office of chairman or deputy chairman . The Principal Act is amended by repealing section 40. 31. Amendment of s. 42. Meetings. Section 42 of the Principal Act is amended by- (a) omitting from subsection (1) (b) the words "any place within its District as"; (b) omitting from subsection (7) (f) the words "seat on" and the words "an extraordinary" and substituting the words "office as a member of' and the words "a casual" respectively. 32. New s. 58A. The Principal Act is amended by inserting after section 58 the following sections:- "58A. Power of delegation. (1) A Harbour Board 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 Board all or any of its powers, authorities, functions and duties except this power of delegation. (2) A Harbour Board 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. (3) A delegation may be made subject to such terms or limitations as a Harbour Board 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. (4) 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. (5) 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 Harbour Board which made the delegation;

Harbours Act and Other Acts Amendment Act 1987, No. 63 845 or (b) the exercise by that Harbour Board 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. (6) A delegation is revocable at the will of the Harbour Board that made the delegation. 58B. Power of Harbour Board to be member of associations, etc. (1) Notwithstanding anything contained in this Act or any other Act, a Harbour Board may, with the approval of the Minister, become and be a member of- (a) any Governmental or semi-governmental body or authority, the objects of which may include carrying out, encouraging or promoting the undertaking of port or harbour research including research into port or harbour planning, location, design, safety, materials, construction, maintenance, structures, equipment, traffic, port or harbour economics, administration, financing, management, accounting and any other matters affecting the provision, upkeep, use, protection and development of ports or harbours; (b) any body, authority or association, whether incorporated or unincorporated, created or formed to encourage and foster co-operation amongst the Port or Harbour Authorities of the States and Territories of the Commonwealth, the appropriate authority of the Commonwealth Government and the appropriate authorities of other National Governments or any of them; and (c) bodies , authorities or associations formed to encourage and foster co-operation amongst persons involved in transport operations or in recreational activities which include the use of water areas. (2) Where pursuant to subsection ( 1) a Harbour Board is a member of a body , authority or association , a member or officer of the Harbour Board may, with the approval of the Minister, be a me ber of the directorate or other governing body or any committee of the body, authority or association. (3) A Harbour Board may pay such contributions as membership of the body, authority or association pursuant to subsection ( 1) entails. 5 8 c. Contributions to beneficial -°°----r- ies. (1) Subject to subsection ( 2), a Harbour Board may contribute to any person, body or association for the purpose of undertaking, promoting, fostering or assisting any works , function or event which, in the

846 Harbours Act and Other Acts Amendment Act 1987, No. 63 opinion of the Board, will benefit the Board or a section of the community associated with the production of goods exported through the harbour or with production which makes use of goods imported through the harbour or be likely to improve the commercial activities within the harbour. (2) In making a contribution under subsection (1), the Board shall not, without the prior consent of the Minister, exceed the limitations prescribed by the Governor in Council by Order in Council for the making of such contributions.". 33. Amendment of s. 59. Power of H ar bour Board to construct harbour works, etc. Section 59 of the Principal Act is amended by adding at the end thereof the following subsections:- "(3) Where, in respect of a particular proposal (other than for works which require the sanction of the Governor in Council under section 86), a Harbour Board is of the opinion that the exercise of any of the powers under subsection (1) may have effects in regard to coastal management, the Board shall, before exercisin& those powers, refer details of the proposal together with its views in respect thereof to the Beach Protection Authority. (4) The Beach Protection Authority shall consider the effects the exercise of any of the powers under subsection (1) is likely to have in regard to coastal management and shall advise the relevant Harbour Board, in writing- (a) that it has no objection to the Board exercising those powers in respect of the Board's proposal; (b) that it has no objection to the Board exercising those powers in respect of the Board's proposal subject to such conditions as the Authority may specify; or (c) that it objects to the Board exercising those powers in respect of the Board's proposal. (5) Where the Beach Protection Authority advises a Harbour Board- (a) pursuant to subsection (4) (a), the Board may, subject to such conditions as it may specify, exercise any of the powers under subsection (1) in respect of its proposal; (b) pursuant to subsection (4) (b)- (i) the Authority shall set out its reasons for specifying those conditions; (ii) the Board may exercise those powers in respect of its proposal, subject to such conditions as it may specify and the conditions specified by the Authority; and (iii) if the Board still desires to exercise those powers in respect of its proposal (but not subject to all or

Harbours Act and Other Acts Amendment Act 1987, No. 63 847 any of the conditions specified by the Authority), the Board shall submit all information relevant to its proposal to the Minister for his consideration; (c) pursuant to subsection (4) (c)- (i) the Authority shall set out its reasons for objecting to the exercise of those powers; and (ii) if the Board still desires to exercise those powers in respect of its proposal, the Board shall submit all information relevant to its proposal to the Minister for his consideration. (6) The Minister may, having considered the information submitted pursuant to subsection (5) (b) (iii) or (5) (c) (ii), direct the relevant Harbour Board to exercise or not exercise any of the powers under subsection (1) (subject to all or any of the conditions specified by the Authority or the Board) in respect of its proposal and the Board shall comply with that direction.". 34. Amendment of s. 62 . Power to acquire . Section 62 of the Principal Act is amended by- (a) in subsection (ib)- (i) omitting the words "and designated pursuant to this Act as industrial land"; ii) omitting the words "sections six to nine, both inclusive, of The Land Acts, 1910 to 1958" and substituting the words "Division 1 of Part II of the Land Act 1962-1987"; (b) adding at the end thereof the following subsections:- "(3) In determining the purchasing price for the sale of land by the Crown to a Harbour Board under subsection (lb) the Governor in Council shall take into account the extent, if any, to which works relative to the reclamation or improvement of the land have been carried out by the Harbour Board, by any lessee or licensee of the Board or from moneys which would otherwise have passed to the Board. (4) Subject to this Act and without limiting the powers under this Act of a Harbour Board to sell land or grant leases, licences or permits to use and occupy land, where a Harbour Board obtains an estate in fee simple in land pursuant to subsection (1 b) the Board may- (a) notwithstanding the provisions of section 56 (4), sell the land at a purchasing price approved by the Governor in Council to the person who is the lessee of the land from the Board and who was the lessee of the land from the Board at the date of commencement of the Harbours Act and Other Acts Amendment Act 1987 upon the surrender of the lease to the Board;

848 Harbours Act and Other Acts Amendment Act 1987, No. 63 or (b) notwithstanding the provisions of section 64 (1) (a), lease the land for any lawful purpose whether for a purpose consistent with this Act or not, and the lease may with the approval of the Governor in Council contain a condition that, upon compliance with the terms and conditions of the lease to the satisfaction of the Board , the lessee shall be entitled to purchase the land for an estate in fee simple at the purchasing price set forth in the lease. (5) Where the approval of the Governor in Council has been granted to a lease containing the condition specified in subsection (4) (b) the provisions of section 66 shall not apply to the sale of the subject land.". 35. Amendment of s. 64. Power of Harbour Board to lease lands and grant licences and permits to occupy lands. Section 64 of the Principal Act is amended by- (a) adding at the end of subsection (3) the following paragraph:- "This subsection shall not apply to a licence granted by a Harbour Board for a term not exceeding 10 years in respect of land to be used principally for the purpose of mooring of a vessel not used for commercial purposes and adjacent to land held by the licensee."; (b) in subsection (4) (a)- "30"(i) omitting the expression "10" and substituting the expression (ii) omitting the expression "2" and substituting the expression 14 5, (c) inserting after subsection (7) the following subsection:- "(7A) (a) The approval of the Minister or of the Harbour Board given under subsection (6) or (7) may be given generally or specifically in respect of a particular use or person, subject in any case to such conditions as may be specified at the time of granting the approval. (b) In subsection (6) and (7), the requirement to obtain the approval of the Minister shall not apply to a lease or licence granted before the commencement of the Harbours Act and Other Acts Amendment Act 1987 in respect of property to be used principally for the purpose of mooring of a vessel not used for commercial purposes.". 36. Amendment of s. 67. Removal of certain materials from Queensland waters. Section 67 of the Principal Act is amended by inserting after subsection (2) the following subsections:- "(2A) A Harbour Board or the Harbours Corporation, as the case may be, shall, before granting a permit pursuant to a

Harbours Act and Other Acts Amendment Act 1987, No. 63 849 by-law made under subsection (2) (whether subject to any conditions or not), refer details of the relevant application together, with its views in respect thereof to the Beach Protection Authority. (2B) The Beach Protection Authority shall consider the effects removal of material pursuant to a permit referred to in subsection (2A) is likely to have in regard to coastal management and shall advise the relevant Harbour Board or the Corporation, as the case may be, in writing- (a) that it has no objection to the Board or the Corporation, as the case may be, granting a permit in the manner intended; (b) that it has no objection to the Board or the Corporation, as the case may be, granting a permit subject to such conditions as the Authority may specify; or (c) that it objects to the Board or the Corporation, as the case may be, granting a permit. (2c) Where the Beach Protection Authority advises a Harbour Board or the Corporation , as the case may be- (a) pursuant to subsection ( 2B) (a), the Board or the Corporation, as the case may be, may , subject to such conditions as it may specify , grant a permit in the manner intended; (b) pursuant to subsection (2B) (b)- (i) the Authority shall set out its reasons for specifying those conditions; (ii) the Board or the Corporation , as the case may be, may grant a permit in the manner intended , subject to such conditions as it may specify and the conditions specified by the Authority; and if the Board or the Corporation , as the case may be, still desires to grant a permit in the manner intended ( but not subject to all or any of the conditions specified by the Authority), the Board or the Corporation , as the case may be, shall submit all information relevant to the granting of the permit to the Minister for his consideration; (c) pursuant to subsection (2B) (c)- (i) the Authority shall set out its reasons for objecting to the granting of a permit; and (ii) if the Board or the Corporation, as the case may be, still desires to grant a permit in the manner intended, the Board or the Corporation, as the

850 Harbours Act and Other Acts Amendment Act 1987, No. 63 case may be, shall submit all information relevant to the granting of the permit to the Minister for his consideration. (2D) The Minister may, having considered the information submitted pursuant to subsection (2c) (b) (iii) or (2c) (c) (ii), direct the Board or the Corporation, as the case may be, to grant or not to grant a permit referred to in subsection (2A) (subject to all or any of the conditions specified by the Authority or the Board or the Corporation, as the case may be) in respect of the application and the Board or the Corporation, as the case may be, shall comply with that direction.". 37. Amendment of s. 73. Board may provide and maintain tugs and other vessels . Section 73 of the Principal Act is amended by- (a) renumbering subsection (2) as subsection (3); (b) inserting after subsection (1) the following subsection:- "(2) A Harbour Board may purchase or acquire a vessel including all necessary equipment or appliances therefor, for the purpose of hiring the vessel, equipment or appliances to any person for the carrying out by that person of works or services in relation to the use and service of the harbour or the safety and convenience of shipping resorting thereto.". 38. Repeal of and new s. 75. The Principal Act is amended by repealing section 75 and substituting the following section:- "75. Removal of abandoned property. (1) In this section, except where a contrary intention appears- "Abandoned" includes cast, placed, left, sunk or stranded; "Abandoned property" means a vessel, vehicle, aircraft or other thing whatsoever, whether of a like nature or not, together with any equipment, goods or other thing contained in, on or about the vessel, vehicle, aircraft or other thing whatsoever, in respect of which there are reasonable grounds for the Harbour Board to believe immediately prior to its first commencing any action in respect of the property pursuant to this section that the same has been abandoned by the person who last used it, or which is or is likely to become, in the opinion of the Board, an impediment or restriction to navigation or a nuisance to the public. The term also includes any part of the abandoned property; "Expenses of removal" means the costs incurred by a Harbour Board in removing the abandoned property to a place of detention and includes- (a) the cost of the labour used by the Board (such cost to be the same as the normal charge in force

Harbours Act and Other Acts Amendment Act 1987, No. 63 851 at the relevant time and fixed by the Board for the use of Board labour); (b) the cost of the use of the Board's plant or equipment (such cost to be the same as the normal charge in force at the relevant time and fixed by the Board for the hire of the Board's plant or equipment); (c) the cost of any materials used by the Board; (d) where the removal is carried out by a person for or on behalf of the Board, the cost incurred by the Board in the payment of that person, in removing the abandoned property; "Newspaper" means a newspaper circulating in the locality in which the abandoned property was found; "Owner" means the person who is the owner of the abandoned property at the material time action is or is required to be taken under this section. (2) Where there is abandoned property in or on a harbour or on Harbour Board land the Harbour Board may take possession of the abandoned property and cause it to be- (a) detained at the location at which it was found; (b) removed and detained in a manner and at a place it deems satisfactory; or (c) dealt with partly pursuant to paragraph (a) and partly pursuant to paragraph (b). (3) As soon as practicable after taking possession of abandoned property under subsection (2), a Harbour Board shall- (a) give notice in writing to the owner; or (b) where the owner cannot be ascertained and the abandoned property is, in the opinion of the Board, of a value exceeding $1000, cause notice that the abandoned property has been removed or detained by the Board to appear by public advertisement in a newspaper, requiring the removal of the abandoned property within the time specified in the notice and in a manner and to a place satisfactory to the Board, or an undertaking to be given in a form and under security satisfactory to the Board to remove the abandoned property within a time to be fixed by the Board, in a manner and to a place satisfactory to the Board. (4) Where,- (a) the whole of the abandoned property the subject of a notice under subsection (3) is not removed within

852 Harbours Act and Other Acts Amendment Act 1987, No. 63 the time specified in that notice and in a manner and to a place satisfactory to the Harbour Board; (b) an undertaking is not given under subsection (3); (c) an undertaking is given but not complied with; or (d) notice has not been given pursuant to subsection (3 the Board may cause the abandoned property- (e) to be sold pursuant to subsection (6); or (f) where, in the opinion of the Harbour Board, the value or condition of the abandoned property does not justify the expenses of a sale, to be destroyed or disposed of in a manner the Board deems fit. (5) The power of a Harbour Board under subsection (4) to cause abandoned property to be sold or disposed of in a manner the Board deems fit includes the power to dispose of the abandoned property for removal by the person acquiring the abandoned property from the place of detention and if it is not in the opinion of the Board practical to dispose of the abandoned property as a whole, includes the power to dispose of part of the abandoned property or to dispose of the abandoned property for scrap material or to dispose of the abandoned property for scrap material for removal by the person acquiring the abandoned property from the place of detention. (6) Where a Harbour Board determines that abandoned property be sold under subsection (4), it shall, as soon as practicable- (a) by notice published in a newspaper, advertise that the abandoned property will be offered for sale- (i) by public auction at the place and on the date (which shall not be earlier than 14 days after the date when the notice was first published) specified in the advertisement; or (ii) by the public invitation of written offers closing at the office of the Board on the date (which shall not be earlier than 14 days after the date when the notice was first published) specified in the advertisement; and (b) where the owner can be ascertained, cause notice (which shall include the particulars set out in tht: advertisement) of the intended sale of the abandoned property to be served on the owner. (7) Where a Harbour Board determines that abandoned property be destroyed or disposed of under subsection (4).

Harbours Act and Other Acts Amendment Act 1987, No. 63 853 otherwise than by sale pursuant to subsection (6), it shall, where the owner can be ascertained, cause notice of the intended destruction or disposal to be served on the owner. (8) Subject to subsection (9), at any time before abandoned property is destroyed, sold or otherwise disposed of pursuant to this section, the owner may, upon payment of- (a) the expenses of removal and other costs incurred by a Harbour Board in connexion with the detention, sale or other disposal of the abandoned property; and (b) all harbour dues and other charges due to the Board in respect of the abandoned property, obtain possession of the abandoned property. (9) Where abandoned property is not immediately removed subsequent to payment made pursuant to subsection (8) to a place satisfactory to a Harbour Board, the Board may recommence proceedings pursuant to this section. (10) Where a Harbour Board has taken possession of abandoned property pursuant to this section, the abandoned property shall not be delivered to the owner, or to another person acting on his behalf or claiming a right to the possession of the abandoned property unless- (a) the owner or that other person has applied to the Board in writing signed by him for the release of the abandoned property; (b) the owner or that other person has furnished proof to the satisfaction of the Board of his ownership or his right to possession of the abandoned property and, in the case of that other person, has furnished proof to the satisfaction of the Board, of his authority to so act; and (c) the recipient of the abandoned property has signed a receipt for its delivery to him. (11) A person who takes delivery of, or obtains possession of or removes or attempts to remove from the possession of a Harbour Board abandoned property detained pursuant to this section except in accordance with the provisions of subsection (10) commits an offence against this Act. (12) A Harbour Board may place a reserve price on abandoned property to be sold by public auction under this section and where the reserve price is not reached or no bids are received, may dispose of the abandoned property in the manner it deems fit. (13) Where written public offers are invited under this section a Harbour Board may accept the offer which in all the circumstances appears to it to be the most advantageous or it

854 Harbours Act and Other Acts Amendment Act 1987, No. 63 may decline to accept any offer and dispose of the abandoned property in the manner it deems fit. (14) Notwithstanding subsection (3), where abandoned property is of a perishable nature it may be disposed of in the manner the relevant Harbour Board determines and the proceeds, if any, of its disposal shall be applied in accordance with the provisions of subsection (15). (15) (a) The proceeds of the sale pursuant to this section of abandoned property shall be applied as follows:- (i) firstly, in payment of the expenses of removal of the abandoned property and other costs incurred by a Harbour Board in connexion with the detention, sale or other disposal of the abandoned property; (ii) secondly, in payment of all harbour dues and other charges due to the Board in respect of the abandoned property; (iii) thirdly, in payment of the balance of the proceeds to the owner or his agent. (b) Where the owner or his agent cannot be ascertained, and no request has been received from the owner or his agent for payment of the balance of the proceeds to him, within a period of 90 days from the date of the sale, the balance of the proceeds shall be paid into the Harbour Fund of the Harbour Board. (c) Moneys paid into the Harbour Fund of a Harbour Board pursuant to this subsection shall be the property of the Board. (16) Without limiting the provisions of section 162 (1), in the case of the sale of abandoned property pursuant to this section, the liability of a Harbour Board to- (a) the owner; (b) any other person claiming an interest in, or to have had an interest in, the abandoned property; or (c) two or more of the persons referred to in paragraphs (a) and (b), shall be limited to an aggregate amount not exceeding the proceeds received by the Board from the sale less- (d) the expenses of removal of the abandoned property and other costs incurred by the Board in connexion with the detention and sale of the abandoned property; and (e) all harbour dues and other charges due to the Board in respect of the abandoned property. (17) Without limiting the provisions of section 162 (1), the destruction or disposal otherwise than by sale of abandoned

Harbours Act and Other Acts Amendment Act 1987, No. 63 855 property pursuant to this section, shall not render a Harbour Board liable, in any way whatsoever, to- (a) the owner; or (b) any other person claiming an interest in, or to have had an interest in, the abandoned property, in respect thereof. (18) A Harbour Board may recover from the owner and his agent or either of them by action in any court of competent jurisdiction the expenses of removal of the abandoned property and other costs incurred by the Board in connexion with the detention, destruction, sale or other disposal thereof, together with all harbour dues and other charges due to the Board in respect of the abandoned property or in an appropriate case, reimburse itself out of the security given with the undertaking or the proceeds of sale of the abandoned property and, if the expenses of removal and the other costs, dues and charges are not fully satisfied may recover the balance not so reimbursed by action in any court of competent jurisdiction from the owner of the abandoned property and his agent or either of them. (19) Where abandoned property is in or on any tidal water or foreshore outside any harbour, the limits of which have been defined under and for the purposes of this Act, the Minister shall have and may exercise all the powers conferred upon a Harbour Board by this section and the provisions of this section shall, with and subject to all necessary modifications, extend and apply accordingly, and the proceeds arising pursuant to the application of subsection (15) (a) (i) or (15) (b), if any, shall be paid into Consolidated Revenue. (20) (a) Notwithstanding subsection (2), wherein the opinion of a Harbour Board an emergency exists in respect of abandoned property the Board may cause the abandoned property or any part thereof to be immediately destroyed at the location at which it was found or at such other place it deems satisfactory. (b) The Board shall immediately give notice in writing to the owner of the destruction of any abandoned property destroyed pursuant to this subsection. (c) Where the owner cannot be ascertained and the value of the abandoned property is in the opinion of the Board in excess of $ 1 000, the Board shall immediately, by public advertisement in a newspaper, give notice of the destruction of the abandoned property.". 39. Repeal of s. 75A. Disposal of abandoned goods . The Principal Act is amended by repealing section 75A. 40. Amendment of s. 75B. Litter prevention . Section 75B of the Principal Act is amended by:- (a) omitting from subsection (1) the definitions "Harbour Board land" and "vehicle";

856 Harbours Act and Other Acts Amendment Act 1987, No. 63 (b) omitting from subsection (3) the expression "$100" and substituting the words "4 penalty units"; (c) omitting from subsection (4) (b) the expressions "$300" and "$200" and substituting the words "12 penalty units" and "8 penalty units" respectively; (d) omitting from subsection (5) (a) the expression "$200" and substituting the words "8 penalty units". 41. Amendment o f s. 80. Special Lease of lands lying below high water mark . Section 80 of the Principal Act is amended by omitting from the end of the proviso to subsection (1) the expression "." and substituting the following expression and proviso:- «. Provided further that a Special Lease as aforesaid shall not be granted unless the views of the Beach Protection Authority are first obtained as to the effects the granting of the Special Lease is likely to have in regard to coastal management.". 42. Amendment of s. 86. Section 86 of the Principal Act is amended by- (a) in subsection (2)- (i) omitting from paragraph (a) the expression "$5 000" and substituting the words "200 penalty units"; (ii) omitting from paragraph (b) the expression "$500" and substituting the words "20 penalty units"; (b) in subsection (3)- (i) inserting after provision (ib) the following provisions:- "(ic) Where the works have been constructed or placed prior to the commencement of the Harbours Act and Other ActsAmendment Act 1982 with the sanction of the Governor in Council given under this section and a right to use and occupy the land concerned has not been granted under this Act or any other Act, the sanction of the Governor in Council under this section shall be construed as a right to use and occupy the land concerned for the purpose the subject of the application for sanction at the pleasure of the Governor in Council unless and until such right is withdrawn; (id) Where the works proposed to be constructed or placed on the coast consist of a groyne, seawall or river training wall or other works of a type which might have effects in regard to coastal management, The Marine Board of Queensland shall refer a copy of the plan of the proposed works to the Beach Protection Authority and the Authority shall submit to that Board in writing its views as to the effects the construction or placement of the works is likely to have in regard to coastal management;";

Harbours Act and Other Acts Amendment Act 1987, No. 63 857 (ii) inserting in provision (ii) after the words "(if any)" where they secondly occur the words ", and that approval should not be withheld because of any detrimental effects in regard to coastal management"; (c) inserting after subsection (3) the following subsections:- "(3A) (a) Subject to paragraph (b) and subsections (3B) and (3c), the third paragraph of provision (ia) and provisions (ib) and (v) of subsection (3), shall apply to works which have been constructed or placed without the sanction of the Governor in Council having been previously obtained under paragraph (a) of subsection (2), if the construction or placement of the works has received the sanction of the Governor in Council under this subsection during the progress of construction or placement or following the completion of construction or placement. (b) Provision (v) of subsection (3) shall not apply to the works so constructed or placed until the date of that sanction. (3B) (a) A person applying for the sanction of the Governor in Council for works which have been constructed or placed without sanction shall deposit at the office of The Marine Board of Queensland a plan in duplicate of the whole work showing all details of the work- (i) in the case of work in progress, in the proposed constructed or placed state; (ii) in the case of completed work, in the as constructed or placed state. (b) The applicant shall pay to the Marine Board at the time of application the fee prescribed pursuant to subsection (3) and an additional fee prescribed pursuant to this subsection. (3c) This section shall, with and subject to all necessary adaptations, extend and apply to the construction or placement of works for which application has been made for the sanction of the Governor in Council pursuant to subsection (3B). (3D) The sanction of the Governor in Council granted pursuant to this section whether prior to or after the commencement of the Harbours Act and Other Acts Amendment Act 1987 shall not be deemed invalid for the reason that the works were constructed or placed prior to the granting of the sanction."; (d) omitting paragraph (b) of subsection (5) and substituting the following paragraph:- "(b) used or intended to be used for navigational, ornamental and recreational purposes, or any of those purposes but which is not used or intended to be used to provide access to tidal water for persons occupying allotments in any subdivision of land,"; (e) adding at the end thereof the following subsections:- "(6) The sanction of the Governor in Council granted pursuant to this section and any restriction or condition relating to the 28

858 Harbours Act and Other Acts Amendment Act 1987, No. 63 construction or placement of the works or structure to which the sanction is subject shall be construed to be the prescription of minimum standards only and the constructing authority shall take or cause to be taken such steps as shall ensure the adequacy of the work. (7) The Governor in Council, in relation to any works or structure for which his sanction to the construction or placement thereof has been given pursuant to this section may at any time subsequent to the giving of that sanction- (a) amend or remove any restriction or condition imposed under that sanction in relation to the use of the works or structure; (b) impose new or additional conditions or restrictions in relation to the use of the works or structure. (8) A person shall not use or cause or suffer to be used any works or structure or any part thereof in contravention of any restriction or condition of the sanction of the Governor in Council granted pursuant to this section. Penalty: 100 penalty units and 10 penalty units for every day during which the works or structure or any part thereof are used contrary to this subsection. (9) Where an application for the sanction of the Governor in Council pursuant to this section for the construction or placement of any works or structure or any part thereof, whether such sanction was given before or after the commencement of the Harbours Act and Other Acts Amendment Act 1987, relates to the proposed use of the works or structure or part thereof for private purposes, a person, other than a person who is the holder at the material time of a lease, licence or permit granted under this Act or any other Act which permits him so to do, shall not use or cause or suffer the works or structure or any part thereof to be used for- (a) the mooring of a vessel used for commercial purposes; or (b) any other purpose, except a purpose related to the carrying out of recreational or sporting activities in conjunction with the use of private residential property. Penalty: 100 penalty units and 10 penalty units for every day during which the works or structure or any part thereof are used contrary to this subsection. (10) This section applies and shall be deemed to have always applied to the commencement or construction of any harbour works, or other works, or placement of any pile or other structure in anticipation that, as the result of any other works at or near the site of the construction or placement to be carried out by that or any other constructing authority or as the result of the construction of any canal within the meaning of the Canals Act

Harbours Act and Other Acts Amendment Act 1987, No. 63 859 1958-1987, the position of the high water mark will be varied so that the harbour works or other works, pile or other structure will be in, on, over, through or across any foreshore or land specified in subsection (2) (a).". 43. Amendment of s. 87. Works to be lighted. Section 87 of the Principal Act is amended in subsection (1) by omitting the words "one hundred pounds" and substituting the words "8 penalty units". 44. Amendment of s. 91. Section 91 of the Principal Act is amended in subsection (2) by- (a) omitting from paragraph (a) the word "The" and substituting the words "Subject to paragraph (aa), the"; (b) inserting after paragraph (a) the following paragraph:- "(aa) An Order in Council shall not be made pursuant to paragraph (a) unless the views of the Beach Protection Authority are first obtained as to the effects the reclamation of the land is likely to have in regard to coastal management.". 45. Repeal of and new s. 92 . The Principal Act is amended by repealing section 92 and substituting the following section:- "92. Application for Order in Council authorizing reclamation. (1) In addition to any provisions prescribed in that behalf by the regulations, the applicant for an Order in Council mentioned in section 91 shall deposit at the office of The Marine Board of Queensland a plan, on a scale not less than 1:1 500, prepared by a competent surveyor, showing all tidal waters coloured blue, and the extent of the land sought to be reclaimed under and for the purpose of that Order in Council. (2) After consideration of the application or, where the application has been advertised pursuant to subsection (3) and no objections have been received within the time specified for the lodgement of objections, The Marine Board of Queensland may- (a) make a recommendation to the Minister that the application be submitted to the Governor in Council for approval subject to such conditions as are included in the recommendation; (b) make a recommendation to the Minister that the application be rejected. (3) If The Marine Board of Queensland is of the opinion that the proposed reclamation may significantly affect the rights of persons having an interest in land in proximity to the proposed reclamation it shall require the applicant to cause public notice of the application to be given by an advertisement published in the Gazette and in a newspaper circulating in the locality affected by the proposed reclamation.

860 Harbours Act and Other Acts Amendment Act 1987, No. 63 (4) An advertisement required to be published pursuant to subsection (3) shall contain such particulars as are prescribed and, until so prescribed, shall state- (a) the name and address for service on the applicant; (b) the nature and effect of the proposed reclamation; (c) that objections to the proposed reclamation may be lodged in the Land Court registry at Brisbane on or before a date specified in the advertisement being not less than 14 days (or such longer period as may be specified by The Marine Board of Queensland having regard to the extent and purpose of the proposed reclamation) from the date of the publication in the Gazette and in such newspaper and that a copy of each objection is to be served on the applicant and on The Marine Board of Queensland, (5) (a) At any time before the date specified in the advertisement referred to in subsection (3) any person who feels aggrieved by the proposed reclamation may lodge his notice of objection in writing in the Land Court registry, Brisbane. (b) Such notice of objection shall state clearly and concisely the grounds of objection and the objection shall be limited to the grounds so stated and the burden of proving such grounds shall be on the objector. (c) The objector shall forthwith, after lodging such notice in the Land Court registry serve a copy thereof on each of them- (i) the applicant; (ii) The Marine Board of Queensland. (d) An objection under this section shall be heard and determined by the Land Court constituted by one member thereof sitting alone and the applicant and any person who has duly objected shall be the parties to the hearing. (6) The Land Court shall make such recommendations as it thinks fit to the Governor in Council as to the granting or refusal of the application in question and the Governor in Council shall have regard to such recommendations in relation to that application. (7) The Land Court may order any fee deposited or any part thereof to be paid to the applicant or any objector. (8) The determination of the Land Court and any orders made therein in respect of an objection made under this section shall be final. An appeal shall not lie to the Land Appeal Court or to any other Court or Tribunal from the determination of the Court upon an objection under this section nor shall any determination be reviewed, quashed or otherwise called in question in any proceeding whatsoever. (9) The provisions of Divisions V and VI of Part II of the Land Act 1962-1987 (excluding section 43 thereof) and the Rules

Harbours Act and Other Acts Amendment Act 1987, No. 63 861 of Court regulating the practice and procedure of the Land Court shall, subject to this section, apply with respect to the hearing and determination of objections made under this section. (10) The power conferred by the Land Act 1962-1987 to make Rules of Court regulating the practice and procedure of the Land Court includes power to make such rules with respect to the making of objections under this section and to their hearing and determination. (11) Subsections (2) to (9) (both inclusive) do not apply in any case where an application is made under subsection (1) in relation to the repair, renewal or maintenance of a wall or structure that retains reclaimed land if the reclamation of that land was effected according to law.". 46. New s. 94A. The Principal Act is amended by inserting after section 94 the following section:- "94A. Harbour Board may obtain fee simple of certain reclaimed land. (1) Notwithstanding the provisions of this Act or any other Act, where land has been satisfactorily reclaimed by a Harbour Board from the sea or from the waters of any harbour (including any navigable river) or from any tidal water under a permission or authority duly granted to the Board before or after the commencement of the Harbours Act and Other Acts Amendment Act 1987 and the land is held by the Board otherwise than for an estate in fee simple the Governor in Council may, upon the surrender to the Crown of the estate held by the Board and upon payment of a purchasing price determined by the Governor in Council, in the name of Her Majesty grant in fee simple in priority to and to the exclusion of all other persons the land to the Board, subject to any reservations required by any Act to be made in relation thereto. (2) Every grant in fee simple by the Governor in Council pursuant to this section and every deed of grant issued accordingly shall be granted and issued under the Land Act 1962-1987 the provisions whereof relating to deeds of grant, subject to subsection (1), apply thereto. (3) Subject to this Act, where a Harbour Board obtains an estate in fee simple of land pursuant to subsection (1) the Board may- (a) sell the land by public auction or by the invitation of written public offers; (b) sell the land at a purchasing price determined by the Board to the person who is the lessee of the land from the Board and who was the lessee of the land from the Board at the date of commencement of the Harbours Act and Other Acts Amendment Act 1987; or (c) lease the land for any lawful purpose whether for a purpose consistent with this Act or not, which lease

862 Harbours Act and Other Acts Amendment Act 1987, No. 63 may contain a condition that upon compliance with the terms and conditions of the lease to the satisfaction of the Board the lessee shall be entitled to purchase the land for an estate in fee simple at the purchasing price specified in the lease.". 47. New s. 97A. The Principal Act is amended by inserting after section 97, the following section:- "97A. Inundated land. (1) (a ) In this section, the term "inundated land" means land held in fee simple which, as the result of the excavation of that land or any other land, whether before or after the commencement of the Harbours Act and Other Acts Amendment Act 1987, has become inundated by water subject to tidal influence. (b) The term "inundated land" includes inundated land below high water mark but does not include a canal or portion of a canal within the meaning of the Canals Act 1958-1987. (2) Notwithstanding the provisions of this Act or any other Act, any estate or interest held in land immediately before that land became inundated land is not affected by that inundation. (3) For the purposes of any enactment which has application to tidal water, inundated land shall- (a) where it is inundated by water subject to influence by tidal water which is within the limits of a harbour, be included in and form part of that harbour; and (b) where it is inundated by water subject to influence by tidal water which is not within the limits of a harbour, be included in and form part of that tidal water. (4) The registered proprietor of inundated land or where that land is leased the lessee, may suitably mark across the water the boundaries of the inundated land. (5) Notwithstanding the provisions of any enactment which has application to tidal water, where the registered proprietor of inundated land or where that land is leased, the lessee, has marked the boundaries thereof pursuant to subsection (4) the registered proprietor of that inundated land or where that land is leased, the lessee, may restrict, regulate or prohibit the use or movement of vessels on, over, through or beneath the waters above that inundated land. (6) The registered proprietor of inundated land or where that land is leased, the lessee, shall cause the inundated land and any works therein or thereon to be maintained at the expense of the registered proprietor of the inundated land or where that land is leased, the lessee, to the satisfaction of the relevant Harbour Board. (7) Nothing in any enactment which has application to tidal waters or the payment by the registered proprietor of inundated land or where that land is leased, the lessee, to a Harbour Board shall impose upon that Board any obligation to maintain or

Harbours Act and Other Acts Amendment Act 1987, No. 63 863 undertake any works (including dredging) in respect of the inundated land, except to any extent agreed to in writing by the Board. (8) Subsection (7) shall not affect any of the powers of a Harbour Board under any enactment which has application to tidal waters. (9) Notwithstanding any enactment which has application to tidal waters, a Harbour Board shall not be competent to grant- (a) a lease of; (b) a licence to use and occupy; or (c) a permit to use and occupy, any inundated land. (10) A Harbour board may by by-law impose an annual charge, calculated in the manner as may be prescribed, on registered proprietors of inundated land or where that land is leased, the lessee, to be paid to the Board. (11) Where a lessee or sublessee, as the case may be, leases from a Harbour Board, the Harbours Corporation, the Port of Brisbane Authority or the Gold Coast Waterways Authority land vested in or held by the Board, the Corporation, the Port of Brisbane Authority or the Gold Coast Waterways Authority, as the case may be, under a lease or otherwise at the date of commencement of the Harbours Act and Other Acts Amendment Act 1987 for the purposes of operating a harbour for vessels and that land- (a) was held, at the time of application for approval to construct works comprising the harbour, for an estate in fee simple; and (b) was subsequently surrendered to the Crown under an arrangement for the approval of the works, the Board, the Corporation, the Port of Brisbane Authority or the Gold Coast Waterways Authority, as the case may be, shall, upon the surrender to it of the lease or sublease, as the case may be, surrender the land to the Crown and the Governor in Council shall, without the payment of any purchasing price, in the name of Her Majesty, grant to the lessee or sublessee, as the case may be, in fee simple in priority to and to the exclusion of all other persons that land subject to any reservations required by any Act to be made in relation thereto. (12) Every grant in fee simple by the Governor in Council pursuant to this section and every deed of grant issued accordingly shall be granted and issued under the Land Act 1962-1987 the provisions whereof relating to deeds of grant, subject to subsection (11), apply thereto.

864 Harbours Act and O ther Acts Amendment Act 1987, No. 63 (13) The Registrar ' of Titles shall upon payment of the appropriate fee record in the register maintained by him in respect of any grant issued pursuant to this section any and every mortgage, charge, encumbrance, lease, easement or other transaction which was registered, recorded or approved by the Minister, as the case may be, in respect of the surrendered land at the date of surrender thereof.". 48. Amendment of s. 98. Section 98 of the Principal Act is amended by- (a) omitting from. subsection (1) the words ", subject to section fourteen of this Act,"; (b) in subsection (2)- (i) omitting subparagraph (d) of paragraph (xviii) and substituting the following subparagraph:- "(d) Require the owner or master or the agent of the owner or master of every vessel to lodge, within such period as may be fixed by by-law- (A) a manifest or other proper account of the passengers taken on board of or landed from the vessel in the harbour; and (B) a copy or copies of the bill of lading or manifest of the cargo or other proper account of goods discharged or transhipped or intended to be shipped or carried, and the name of the consignee or other person to whom they are intended to be delivered or shipped or carried;"; (ii) omitting paragraph (xxiii) and substituting the following paragraphs:- "(xxiii) Prescribe the offences against the by-laws in respect of which a notice may be given to any person liable in respect of the commission of an offence advising that a prescribed penalty may be paid for those offences without involving court proceedings; make provision for those offences to be prescribed separately or by reference to a particular part of the by-law or by a general statement incorporating reference to offences against any provision of the by-laws or an offence except specified offences against the provisions of the by-laws; (xxiv) Prescribe the sum of money that shall be payable as a penalty in respect of an offence under provision (xxiii); make provision for the sum to be prescribed differently in relation to different offences or differently in relation to an offence according to previous like offences at the time, place or circumstances related to the commission of the offence; prescribe the person to whom a penalty shall be paid and the procedure with respect to payment generally;

Harbours Act and Other Acts Amendment Act 1987, No. 63 865 (xxv) Prescribe all matters to be shown on a notice given under provision (xxiii) to an offender; (xxvi) In relation to a vessel or vehicle, provide that the owner of the vessel or vehicle, as the case may be, shall be liable for an offence prescribed under provision (xxiii), whether he was or was not in charge of the vessel or vehicle, as the case may be at the material time; and for that purpose- (a) Define who shall be taker to be the owner of the vessel or vehicle, as the case may be, for the purposes of the by-laws; (b) Prescribe the proof necessary or sufficient to establish the owner's identity; (c) Prescribe for the recovery of a penalty for an offence against the by-laws from the owner of the vessel or vehicle, as the case may be, concerned as well as from the master of the vessel or the person in charge of the vehicle, as the case may be, at tie material time; (d) Provide that the nothe may be given by affixing it in a conspicuous position on the vessel or on the windscreen of the vehicle, as tht case may be;"; (c) omitting from subsection (3) (a) the expressions "$5 000" and "$500" and substituting the wordy "200 penalty units" and "20 penalty units" respectively. 49. Amendment of s. 99. Piwer to provide by by-laws for fees of members, long service leave for employees, etc. Section 99 of the Principal Act is amended by omitting fpm the note appearing in and at the beginning of the section the wads "fees of members,". 50. Repeal of and new s.101. The Principal Act is amended by repealing section 101 and subtituting the following section:- "101. By-laws madeby Harbours Corporation. The Harbours Corporation shall subnit under its seal any proposed by-law for the approval of the Governor in Council who shall consider the by-law so submitted aid may- (a) approve tie by-law as submitted; (b) approve he by-law subject to such alterations or modificatons as the Governor in Council determines; or (c) reject th, by-law.". 51. Repeal of and nev s. 102. The Principal Act is amended by repealing section 102 and ;ubstituting the following section:- "102. By-laws made by Harbour Boards. (1) Every resolution of a Harbour Boar making a by-law shall be passed at a special meeting of the Bard called for that purpose. (2) The Ifarbbur Board shall submit under its seal any by- law passed pursu.nt to subsection (1) for the approval of the Governor in Council who shall consider the by-law so submitted and may- (a) approve the by-law as submitted;

866 Harbours Act and Other Acts Amendment Act 1987, No. 63 (b) approve the by-law subject to such alterations or modifications as the Governor in Council determines; or (c) reject the by-law.". 52. Amendment of s. 104k. Publication of by-laws and laying before Le gislative Assembly. Section 104A of the Principal Act is amended by omitting from subsections (2), (3) and (4) the expression "(1A)" in each case. 53. Amendment of s. 105. Section 105 of the Principal Act is amended in subsection (1) by- (a) omitting from paragraph. (a) all words from and including the words "The funds shall" to the end of the paragraph; (b) in paragraph (b)- (i) omitting all words from End including the words "The funds prescribed" to the end of the paragraph; (ii) designating the provision commencing with the words "A Harbour Board" as paragraph "(c)"; (c) inserting after paragraph () as so designated the following paragraphs:- "(d) In respect of any fundestablished and kept by a Harbour Board pursuant to paragraph (i) or paragraph (b) the funds shall be kept separate and distinct and a separate banking account may be kept for each fund or a consolidated banking account may be kept for all or any of he funds. (e) In respect of a consolidaed banking account, the accounts of the Harbour Board shall be o kept that the balances of the several funds respectively incuded therein shall be readily ascertainable at any time.". 54. Amendment of s. 113. Section 113 of the Principal Act is amended in subsection (2) by omitting tom paragraph (c) the words "two hundred pounds" and substituting he words "16 penalty units". 55: Amendment of s. 114. Section t 14 of the Principal Act is amended in subsection (4) by omitting the expression "$200" and substituting the words "8 penalty units". 56. Repeal of s. 118. Regulations . Thy Principal Act is amended by repealing section 118. 57. Repeal of and new s. 123 . The Prncipal Act is amended by repealing section 123 and substituting the folowing section:- "123. Statutory declaration to be odged with manifest. The owner, agent of the owner, or master )f a vessel- (a) in respect of passengers tarn on board of or landed from that vessel within a larbcur;

Harbours Act and Other Acts Amendment Act 1987, No. 63 867 and (b) in respect of goods discharged at, or shipped from, or transhipped or carried in that vessel within the harbour, shall, where required by a Harbour Board's by-laws, at the time of lodging with the Board a copy of the bill of lading or manifest or other proper account of the passengers or goods or at any other time required by the Board , lodge a statutory declaration made by him under the Oaths Act 1867-1981 declaring- (c) the number of passengers (including the number of passengers in each category in respect of which a separate harbour due is prescribed); and (d) the nature of the goods and the weights and quantities thereof, shown on a copy of the bill of lading or manifest or other proper account and whether or not harbour dues lawfully payable by him in respect thereto have been paid.". 58. Am endment of s. 124. Inspections of books. Section 124 of the Principal Act is amended by- (a) omitting from the first paragraph the words " The owner, agent of the owner, and master respectively , of any vessel " and the words "that vessel " and substituting the words " A person liable to pay harbour dues under this Act" and the words "a vessel" respectively; (b) omitting from the second paragraph the words " such owner, agent , or master " and the words " the owner , agent or master" and substituting the words "a person liable to pay harbour dues under this Act" and the words " that person" respectively. 59. A m endment of s. 125. L i ability for harbour dues payable in respect of vessel . Section 125 of the Principal Act is amended by- (a) numbering the first paragraph thereof as subsection (1); (b) omitting the last paragraph and substituting the following subsections:- "(2) Harbour dues in respect of a vessel shall become payable on the date the vessel departs from a harbour unless the relevant Harbour Board prescribes by by-law any other time whereupon the dues shall become payable at the time so prescribed. (3) Harbour dues i n respect of a vessel shall be paid within 30 days of such dues becoming payable unless the relevant Harbour Board prescribes by by-law any other time : whereupon the dues shall be paid on or before the time so prescribed. (4) A Harbour Board may by by-law prescribe that harbour dues in respect of all vessels or a class of vessel as so prescribed shall become payable and be paid at the times so prescribed

868 Harbours Act and Other Acts Amendment Act 1987, No. 63 including, in appropriate cases, the time or prior to the time the vessel enters the harbour.". 60. Amendment of s. 126. Liability for harbour dues payable in respect of goods . Section 126 of the Principal Act is amended by- (a) omitting from paragraph ( a) (iii ) of subsection (1) the words "owner." and substituting the following words and subparagraph:- "owner; and (iv) The master of the vessel."; (b) in subsection (2)- (i) omitting from paragraph ( a) the words "The owner , agent of the owner, or master of any vessel " and substituting the words "A person liable to pay harbour dues under this section"; (ii) inserting in paragraph ( a) after the words "becoming payable" the words " or at such earlier time as the by-laws may prescribe"; (iii) omitting from paragraph (b) the words "approved by the Minister". 61. Amendment of s. 129. Section 129 of the Principal Act is amended in subsection (1) by omitting the expressions " $100" and "$l 000" and substituting the words " 10 penalty units " and "200 penalty units" respectively. 62. Amendment of s. 131 . Power to distrain . Section 131 of the Principal Act is amended in subsection ( 1) by omitting the words " approved by the Minister". 63. Amendment of s. 140 . Management of Government wharf may be vested in Harbour Board , etc. Section 140 of the Principal Act is amended by inserting after subsection (2) the following subsections:- "(2A) A Harbour Board, Local Authority or person in whom the management and control of any small craft harbour facility is vested pursuant to subsection ( 1) shall not undertake works in connexion with the facility on land situated above high water mark, unless with the prior approval in writing of the Minister, notwithstanding the land is vested in, held by or under the management and control of the Harbour Board, Local Authority or person whomsoever. (2B) Subsection (2A) shall not apply to works undertaken on land the subject of a lease or licence granted by a Harbour Board with the prior approval of the Minister.". 64. Amend m ent of s. 146. Restriction on the rubbish , etc. Section 146 of the Principal Act is amen_jc:. in suL3ecrs.1 (1) by- (a) omitting the expression '15 000 " and substituting the words "200 penalty units";

Harbours Act and Other Acts Amendment Act 1987, No. 63 869 (b) omitting from paragraph (a) of the proviso the words "any lawful reclamation of land; or" and substituting the words "or for the purpose of the lawful reclamation of land or other lawful construction;"; (c) omitting from paragraph (b) of the proviso the words "concerned)." and substituting the following words and paragraph:- "concerned); or (c) For any other purpose approved by the Harbour Board (authority to so approve being hereby given).". 65. A m endment of s. 148. Board may prohibit disch ar ge of refuse into harbour . Section 148 of the Principal Act is amended in subsection (2) by omitting the expressions "$ 10 000", "$ 100" and "$1000" and substituting the words "400 penalty units", "4 penalty units " and "40 penalty units" respectively. 66. Amendment of s. 151. Damaging lights, buoys, beacons, etc. Section 151 of the Principal Act is amended in subsection (1) by omitting the expression '15 000" and substituting the words "200 penalty units". 67. Amendm ent of s. 152. Damage to lights on certain harbour works. Section 152 of the Principal Act is amended by omitting the expression "$5 000" and substituting the words "200 penalty units". 68. Amendment of s. 157. Section 157 of the Principal Act is amended in subsection (3) by- (a) omitting the expression '15 000" and substituting the words "200 penalty units"; (b) inserting after paragraph (c) the following paragraph:- "(d) In this Act, a penalty for an offence expressed as a number of penalty units means a penalty of an amount equal to the product obtained by multiplying the number of penalty units referred to by the value of a penalty unit as prescribed by the Penalty Units Act 1985 at the time the offence, in respect of which the reference to penalty units is made, occurred.". 69. Amendment of s. 159D. Offence of resisting authorized person. Section 159D of the Principal Act is amended in subsection (2) by omitting the expression "$1000" and substituting the words "40 penalty units". 70. Amen--- ° °' s. 162. Section 162 of the Principal Act is amended in subsection (1) by- (a) inserting after the words "Any thing done" the words "or omitted to be done"; (b) inserting after the word "performance" the words "or purported performance";

870 Harbours Act and Other Acts Amendment Act 1987, No. 63 (c) inserting after the word " exercise " the words "or purported exercise"; (d) inserting after the words "and done" the words "or omitted to be done"; (e) inserting after the words "or person concerned" the words "or any of them". 71. --n'ment of s. 1A. D istribution of revenue from the operation of cer- : *--.t iu' . our works. Section 168A of the Principal Act is amended by omitting subsection (1) and substituting the following subsection:- "(1) The Governor in Council may, by Order in Council, on the recommendation of the Minister, direct in respect of any Harbour Board or the Harbours Corporation and in respect of any specified period that an amount fixed by reference to such of the revenue of the Board or the Harbours Corporation as is specified or to the volume of goods passing over or through a harbour or specified harbour works within a harbour or calculated in any other manner directed by the Governor in Council, shall be paid- (a) by the Board or the Harbours Corporation to a prescribed fund established and kept or to be established and kept by the Board or the Corporation, as the case may be, and made available for expenditure by the Board or the Corporation for a specified purpose or specified purposes; (b) by the Board or the Harbours Corporation to any other Harbour Board or to the Corporation as specified by the Governor in Council for use by that other Board or the Corporation, as the case may be, for a purpose specified by the Governor in Council; or (c) into any fund within the Public Accounts as specified by the Governor in Council.". 72. Amendment of s. 187. Provision of small craft facilities. Section 187 of the Principal Act is amended by adding at the end thereof the following paragraph:- "The provisions of this section shall apply notwithstanding management and control of the facility has been vested in a Harbour Board, Local Authority or person whomsoever pursuant to section 140 and notwithstanding the land concerned is vested in, held by or under the management and control of a Harbour Board, Local Authority or person whomsoever.". 73. Amt,-- of s. 190. General power to contract. Section 190 of the Principal Act is amended by- (a) inserting at the end of subsection (3) the following paragraph:- "In approving any cause as sufficient for the purpose of this subsection the Governor in Council may stipulate conditions

Harbours Act and Other Acts Amendment Act 1987, No. 63 871 which are to apply to the making of a contract pursuant to such approval and the Harbours Corporation shall comply with any such conditions."; (b) omitting from subsection (4) the second paragraph thereof 74. Omission of headings. The Principal Act is amended by omitting the headings shown in column I of the following Table and which immediately precede the respective sections shown opposite those headings in column 2 of the following Table:- Column I Column 2 TERM OF OFFICE OF MEMBERS OF HARBOUR BOARDS QUALIFICATION OF MEMBERS-DISQUALIFICATIONS EXTRAORDINARY VACANCIES DISSOLUTION OF HARBOUR BOARDS MANAGEMENT OF HARBOURS HARBOURS WORKS AND OTHER WORKS HARBOUR LIGHTS, SIGNALS, BUOYS, AND BEACONS ACQUISITION OF LANDS, ETC. SURRENDER TO CROWN SALE OF LAND ROCK, STONE, SHINGLE, GRAVEL, SAND, AND OTHER MATERIALS PROTECTION OF WATER FRONTAGES FROM EROSION LOADING AND DISCHARGING RAILWAYS AND ROADS STEVEDORING VESSELS PRIVATE EMPLOYMENT OF HARBOUR BOARD'S EQUIPMENT WRECKS, OBSTRUCTIONS, AND DAMAGES ACCRETIONS DISPOSAL OF FORESHORES, ETC. HARBOUR WORKS ON TIDAL LANDS RECLAMATION OF LAND JURISDICTION OF LOCAL AUTHORITY OVER RECLAIMED LAND BUDGETS DEBENTURES, BONDS, STOCK, ETC. ILLEGALLY BORROWING OR RAISING Section 21 Section 23 Section 28 Section 35 Section 58 Section 59 Section 60 Section 62 Section 63 Section 66 Section 67 Section 68 Section 69 Section 71 Section 72 Section 73 Section 74 Section 75 Section 78 Section 79 Section 86 Section 91 Section 95 Section 106 Section 109 Section 113

872 Harbours Act and Other Acts Amendment Act 1987, No. 63 Column 1 ANNUAL STATEMENTS, ETC. AUDITING LIABILITY FOR HARBOUR DUES EVASION OF DUES, ETC. RECOVERY OF HARBOUR DUES EXEMPTIONS FROM HARBOUR DUES SUSPENSION OF HARBOUR DUES PROVISION WHERE THERE IS NO BOARD WHARVES POWERS OF GOVERNOR IN COUNCIL ON FAILURE OF HARBOUR BOARD RESUMPTION OF LAND OFFENCES OFFICERS OF MARINE BOARD DISPUTES LIMITATION OF ACTIONS REGULATIONS ACQUISITION OF CERTAIN HARBOUR WORKS BY THE STATE FROM THE COMMONWEALTH FUNDS AND ACCOUNTS OF HARBOURS CORPORATION Column 2 Section 115 Section 116 Section 125 Section 129 Section 130 Section 134 Section 136 Section 137 Section 138 Section 141 Section 142 Section 145 Section 160 Section 161 Section 162 Section 163 Section 168 Section 206 75. Amendment of Second Schedule. The Second Schedule to the Principal Act is amended by omitting the third and fourth columns and the headings and contents thereof. PART III-AMENDMENTS TO GOLD COAST WATERWAYS AUTHORITY ACT 76. Principal Act and amended citation . ( 1) In this Part the GoldCoastWaterways Authority Act 1979-1982 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Gold Coast Waterways Authority Act 1979-1987. 77. A m endment of s. 4 . Meaning of terms. Section 4 of the Principal Act is amended by- (a) inserting after the term " "Authority" " the words "or "Waterways Authority" " ;

Harbours Act and Other Acts Amendment Act 1987, No. 63 873 (b) inserting after the term "Authority" and its meaning the following terms and their respective meanings:- "Beach Protection Authority" means The Beach Protection Authority constituted by the Beach Protection Act 1968- 1986; "Coast" means all land, including the bed and banks of any river, stream, watercourse, lake or other body of water- (a) that is situated above mean high-water mark at spring tides of any tidal water and within 400 metres, measured by the shortest distance, of that mark; (b) that is situated below mean high-water mark at spring tides of any tidal water: The term applies with respect to every island forming part of the State; "Coastal management" means the works, activities, maintenance and other matters considered by the Beach Protection Authority to be necessary or expedient to protect the amenity of the coast and, subject thereto, to minimize damage to property from erosion or encroachment by tidal water;". 78. Amendment of s. 10. Chairman and Deputy Chairman of Authority. Section 10 of the Principal Act is amended in subsection (1) by omitting the word "each". 79. Amendm ent of s. 15. Works not to be constructed without the approval of the Authority. Section 15 of the Principal Act is amended by- (a) in subsection (3)- (i) omitting from paragraph (a) the expression "$5 000" and substituting the words "200 penalty units"; (ii) in paragraph (c)- (A) omitting the words "for private use"; (B) omitting the expression "$500" and substituting the words "20 penalty units"; (b) adding at the end thereof the following subsection:- "(4) This section applies and shall be deemed to have always applied to the commencement or construction of any harbour works, or other works, or placement of any pile or other structure in anticipation that, as the result of any other works at or near the site of the construction or placement to be carried out by that or any other constructing authority or as the result of the construction of a canal within the meaning of the Canals Act1958-1987, the position of the high water mark will be varied so that the harbour works or other works, pile or other structure will be in, on, over, through or across any foreshore or land specified in subsection (3) (a).".

874 Harbours Act and Other Acts Amendment Act 1987, No. 63 80. Amendment of s. 16. Restriction on works affecting Waterways or navigation. Section 16 of the Principal Act is amended by- (a) in subsection (1)- (i) omitting from paragraph (b) the words "if the proposed work" and substituting the words "if it appears to the Authority that the proposed work will not impede or restrict navigation, that approval should not be withheld because of any detrimental effects in regard to coastal management and that it"; (ii) omitting from the end of paragraph (e) the words "thereof." and substituting the following words and paragraph:- "thereof; (f) an approval of the Authority under this section and any restriction or condition to which the approval relating to the construction or placement of the works or structure is subject shall be construed to be the prescription of minimum standards only and the applicant shall take or cause to be taken such steps as shall ensure the adequacy of the work; (g) where an application for the approval of the Authority under this section for the construction or placement of any works or structure or any part thereof is made, whether made and approved of before or after the commencement of the Harbours Act and Other Acts Amendment Act 1987 or made prior to the appointed day and sanctioned by the Governor in Council under section 86 of the Harbours Act 1955-1987, and relates to the proposed use of the works or structure or part thereof for private purposes, a person, other than a person who is the holder at the material time of a lease, licence or permit granted by the Authority under this Act which permits him so to do, shall not use or cause or suffer to be used the works or structure or any part thereof for- (i) the mooring of a vessel used for commercial purposes; or (ii) any other purpose, except a purpose related to the carrying out of recreational or sporting activities in conjunction with the use of private residential property. Penalty: 100 penalty units and 10 penalty units for every day during which such works or structure or any part thereof are used contrary to this paragraph; (h) where works have been constructed or a structure placed prior to the appointed day with the sanction of the Governor in Council under the Harbours Act 1955-1982 or after the appointed day with the approval

Harbours Act and Other Acts Amendment Act 1987, No. 63 875 of the Authority under this section and a right to use and occupy the land concerned has not been granted under this Act or any other Act, the sanction of the Governor in Council or the approval of the Authority, as the case may be, shall be construed as a right to use and occupy the land in question for the purpose the subject of the application for approval or sanction, at the pleasure of the Authority unless and until such right is withdrawn by the Authority."; (b) adding at the end thereof the following subsections:- "(3) (a) Subject to paragraph (b) and subsections (4) and (5), paragraphs (b) and (c) of section 15 (3) and paragraph (e) of subsection (1) shall apply to works which have been constructed or placed without the approval of the Authority having been previously obtained under this subsection and without the sanction of the Governor in Council under section 86 of the Harbours Act 1955-1987 having been obtained prior to the appointed day, if the construction or placement of the works or structure has received the approval of the Authority or sanction of the Governor in Council during the progress of construction or placement or following the completion of construction or placement under this subsection. (b) Subsection (1) (e) shall not apply to the works or structure so constructed or placed under this subsection until the date of that approval or sanction. (4) (a) A person applying for the approval of the Authority under subsection (3) shall deposit at the office of the Authority a plan in duplicate of the whole work showing all details of the work- (i) in the case of work in progress, in the proposed constructed, placed state; in the case of work completed, in the as constructed, placed state. (b) The applicant shall pay to the Authority at the time of application the fee provided for in the by-laws of the Authority and an additional fee as may be provided for in those by-laws pursuant to this subsection. (5) This section shall, with and subject to all necessary modifications, extend and apply to the construction or placement of the works or structure for which application has been made for the approval of the Authority under subsection (4). (6) The Authority, in relation to any works or structure for which its approval to the construction or placement thereof has been, given under this section or for which the sanction of the Governor in Council has been given under section 86 of the

876 Harbours Act and Other Acts Amendment Act 1987, No. 63 Harbours Act 1955-1987 may at any time subsequent to that approval- (a) amend or remove any restriction or condition imposed under that approval in relation to the use of the works or structure; (b) impose new or additional conditions or restrictions in relation to the use of the works or structure. (7) A person shall not use or cause or suffer to be used any works or structure or any part thereof in contravention of any restriction or condition of the approval of the Authority granted under this section or of the sanction of the Governor in Council given under section 86 of the Harbours Act 1955-1987. (8) Where any works or structure proposed to be constructed or placed within the Waterways consist of a groyne, seawall or river training wall or other works of a type which may have effects in regard to coastal management, the Waterways Authority shall, before approving the construction or placement thereof, refer details of the proposal together with its views in respect thereof to the Beach Protection Authority. (9) The Beach Protection Authority shall consider the effects a proposal referred to in subsection (8) is likely to have in regard to coastal management and shall advise the Waterways Authority, in writing- (a) that it has no objection to the Waterways Authority approving the proposal; (b) that it has no objection to the proposal subject to such conditions as the Beach Protection Authority may specify; or (c) that it objects to the proposal. (10) Where the Beach Protection Authority advises the Waterways Authority- (a) pursuant to subsection (9) (a), the Waterways Authority may, subject to such conditions as it may specify, approve the proposal; (b) pursuant to subsection (9) (b)- (i) the Beach Protection Authority shall set out its reasons for specifying those conditions; the Waterways Authority, may approve the proposal, subject to such conditions as it may specify and the conditions specified by the Beach Protection Authority; and if the Waterways Authority still desires to approve the proposal (but not subject to all or any of the conditions specified by the Beach Protection

Harbours Act and Other Acts Amendment Act 1987, No. 63 877 Authority), the Waterways Authority shall submit all information relevant to the proposal to the Minister for his consideration; (c) pursuant to subsection (9) (c)- (i) the Beach Protection Authority shall set out its reasons for objecting to the proposal; and (ii) if the Waterways Authority still desires to approve the proposal, the Waterways Authority shall submit all information relevant to the proposal to the Minister for his consideration. (11) The Minister may, having considered the information submitted pursuant to subsection (10) (b) (iii) or (10) (c) (ii), direct the Waterways Authority to approve or reject the proposal referred to in subsection (8) (subject to all or any of the conditions specified by the Beach Protection Authority or the Waterways Authority) and the Waterways Authority shall comply with that direction.". 8 1. Amendment of s. 17. Works to be lighted. Section 17 of the Principal Act is amended in subsection (1) by omitting the expression "$200" and substituting the words "8 penalty units". 82. Amendment of s. 18. Powers of Authority in respect of works. Section 18 of the Principal Act is amended in subsection (3) by omitting the words "for private use". 83. Amendment of s. 19. Authority may employ engineers, etc., to abate works. Section 19 of the Principal Act is amended by omitting the words ", any work for private use" and substituting the words "any work". 84. Amendment of s. 20 . Buoy mooring not to be ca st on bed of Waterways. Section 20 of the Principal Act is amended by- (a) omitting from subsection (2) the expression '12 000" and substituting the words "80 penalty units"; (b) omitting from subsection (3) the expression -$100- and substituting the words "4 penalty units"; (c) omitting from subsection (3c) the expression "$500" and substituting the words "20 penalty units". 35. Ar c of s. 21 A. power of Authority with respect to land. Section 21A of the rincipal Act is amended by- (a) in subsection (1)- (i) designating the first and second paragraphs thereof as paragraphs (b) and (c) respectively;

878 'Harbours Act and O ther Acts Amendment Act 1987, No. 63 (ii) inserting before paragraph (b) as so designated the following paragraph:- "(a) The Authority may reclaim from the Waterways land lying below high water mark for the purpose of rendering such land fit for the purposes or any of them set out in the conditions of granting by the Governor in Council of a Special Lease pursuant to section 80 of the Harbours Act 1955-1987."; (b) omitting from subsection (2) the expression "(1)" and substituting the expression "(1) (b)"; (c) adding at the end thereof the following subsection:- "(9) The Authority, with the approval of the Minister, may enter into financial arrangements with any person for the reclamation or reclamation and development of land within or adjacent to the Waterways in respect of which the Authority possesses a reclamation approval, or which has been acquired by the Authority or such person, whereby the Authority will become entitled to an agreed amount from, or share of the proceeds of, the sale of any or all of the land in question and whether or not such arrangement provides for variation of the normal by-law charges of the Authority in respect of material removed from the Waterways.". 86. Amendment of s. 24. Funds to be maintained. Section 24 of the Principal Act is amended by omitting the last paragraph. 87. Amendment of s. 28. Other prescribed funds. Section 28 of the Principal Act is amended by omitting the last paragraph. 88. New s. 28A. The Principal Act is amended by inserting after section 28 the following section:- "28A. Banking Accounts. (1) In respect of any fund established and kept by the Authority pursuant to section 24 or 28 the funds shall be kept separate and distinct and a separate banking account may be kept for each fund or a consolidated banking account may be kept for all or any of the funds. (2) In respect of any consolidated banking account, the accounts of the Authority shall be so kept that the balances of the several funds respectively included therein shall be readily ascertainable at any time.". 89. Amendment of s. 50. Annual accounts of Authority. Section 50 of the Principal Act is amended in subsection (4) by omitting the expression "$200" and substituting the words "8 penalty units". 90. New s. 73A. The Principal Act is amended by inserting after section 73 the following section:- "73A. Refusal of lease, licence or permit. Without limiting the Authority's discretion in respect of the approval of a lease, licence or permit, the Authority may refuse to approve a lease,

Harbours Act and Other Acts Amendment Act 1987, No. 63 879 licence or permit if it considers that navigation would be impeded or restricted or the public convenience would be prejudiced as a result.". 91. Amendment of s. 74. Minister may direct that investigation be carried out. Section 74 of the Principal Act is amended in paragraph (a) of subsection (2) by- (a) omitting the words "pursuant to the provisions of the Harbours Act 1955-1978"; (b) omitting the words "seeks the sanction of the Governor in Council" and substituting the word "proposes". 92. Amendment of s. 76. General offence provision. Section 76 of the Principal Act is amended in subsection (3) by- (a) omitting the expression "$l 000" and substituting the words "40 penalty units"; (b) inserting at the end of the subsection the following paragraph:- "In this Act, a penalty for an offence expressed as a number of penalty units means a penalty of an amount equal to the product obtained by multiplying the number of penalty units referred to by the value of a penalty unit as prescribed by the Penalty Units Act 1985 at the time the offence, in respect of which the reference to penalty units is made, occurred.". PART IV-AMENDMENTS TO PORT OF BRISBANE AUTHORITY ACT 93. Principal Act and amended citation. (1) In this Part the Portof Brisbane Authority Act 1976-1986 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Port of Brisbane Authority Act 1976-1987. 94. Amendment of s. 4. Meaning of terms. Section 4 of the Principal Act is amended by omitting the term "General Manager" and its meaning. 95. Amendment of s. 6. Members of Port Authority. Section 6 of the Principal Act is amended by- (a) in subsection (1)- (i) inserting before the word "nine" the words "a maximum of "; (ii) omitting the words "who, at the date of their appointment, have not attained the age of 70 years"; (b) inserting after subsection (1) the following subsection:- "() A) Subject to subsection (1), the Governor in Council, on the recommendation of the Minister, shall determine the actual number of members of the Port Authority.".

880 Harbours Act and Other Acts Amendment Act 1987, No. 63 96. Amendment of s. 17. General powers etc . of Port Authority. Section 17 of the Principal Act is amended in subsection (1) by- (a) inserting after the words "Port of Brisbane" the expression ","; (b) inserting before the words "the powers" in paragraph (b) the words "shall have". 97. Amendment of s. 22. Funds to be maintained . Section 22 of the Principal Act is amended by omitting the last paragraph. 98. Amendm ent of s. 22A. Certain provisions not to apply . Section 22A of the Principal Act is amended by- (a) inserting after the words "Port Authority" where they first occur the words "ceases the operation of the Graving Dockyard or"; (b) inserting after the words "necessary," the words "after cessation by the Port Authority of the operation of the Graving Dockyard or"; (c) inserting after the words "date of " the words "cessation by the Port Authority of the operation of the Graving Dockyard or". 99. Amendment of s. 27. O ther prescribed funds. Section 27 of the Principal Act is amended by omitting the last paragraph. 100. New s. 27A. The Principal Act is amended by inserting after section 27 the following section:- "27A. Banking accounts . (1) In respect of any fund established and kept by the Port Authority pursuant to section 22 or 27, the funds shall be kept separate and distinct and a separate banking account may be kept for each fund or a consolidated banking account may be kept for all or any of the funds. (2) In respect of any consolidated banking account, the books and accounts of the Port Authority shall be so kept that the balances of the several funds respectively included therein shall be readily ascertainable at any time.". 101. Amendment of s. 37. Debentures , bonds and stock. Section 37 of the Principal Act is amended in subsection (3) by omitting the words "General Manager" and substituting the word "Secretary". 1( ?. of and new s. 46. The Principal Act is amended by repealing :,_ion 46 and substituting the following section:- " ^ 5. Accounts to be kept. The Port Authority shall cause proper accounts to be established and faithfully and properly kept in accordance with this Act.". 103. Amendment of s. 47. Statement of account of funds . Section 47 of the Principal Act is amended by omitting the words "General Manager" and substituting the word "Chairman". 104. Amendment of s. 48 . Annual accounts of Port Authority. Section 48 of the Principal Act is amended in subsection (2) by omitting the

Harbours Act and Other Acts Amendment Act 1987, No. 63 881 words "General Manager" and substituting the words "the person responsible for the financial administration of the accounts". 105. Amendment of s. 54. Adjournment of meetings . Section 54 of the Principal Act is amended by omitting the words "General Manager" and substituting the word "Secretary". 106. Amendment of s. 56 . Custody of seal; authentication of documents . Section 56 of the Principal Act is amended by omitting from subsections (1) and (3) the words "General Manager" and substituting the word "Chairman" in each case. 107. Amendment of s. 58 . Disability on participation in business of Port Authority. Section 58 of the Principal Act is amended in subsection (3) by omitting the words "General Manager" where they twice occur and substituting the word "Secretary" in each case. 108. Amendment of s. 68 . Compensation tribunal. Section 68 of the Principal Act is amended in subsection (2) by omitting the words "General Manager" and substituting the word "Chairman". 109. Amendm ent of s. 70. Claim for compensation . Section 70 of the Principal Act is amended in subsection (2) by omitting the words "General Manager" wherever they occur and substituting the word "Chairman" in each case. 110. Amendment of s. 76. General offence provision. Section 76 of the Principal Act is amended by- (a) omitting from subsection (2) the words "General Manager" where they twice occur and substituting the word "Secretary" in each case; (b) in subsection (3)- (i) omitting the expression "$l 000" and substituting the words "40 penalty units"; (ii) inserting at the end of the subsection the following paragraph:- "In this Act, a penalty for an offence expressed as a number of penalty units means a penalty of an amount equal to the product obtained by multiplying the number of penalty units referred to by the value of a penalty unit as prescribed by the Penalty Units Act 1985 at the time the offence, in respect of which the reference to penalty units is made, occurred.". 111. Amendment of s. 77. Annual Report. Section 77 of the Principal Act is amended in subsection (2) by omitting the words "by the Chairman and General Manager". PART V-AMENDMENTS TO CAIRNS AIRPORT ACT 112. Principal Act and amended citation . (1) In this Part the CairnsAirport Act 1981 is referred to as the Principal Act.

882 Harbours Act and Other Acts Amendment Act 1987, No. 63 (2) The Principal Act as amended by this Part may be cited as the Cairns Airport Act 1981-1987. 113. Amendment of s. 13 . F, .es. Section 13 of the Principal Act is amended by- (a) omitting from subsection (2) the word "The" and substituting the words " Subject to subsection ( 3), the"; (b) adding at the end thereof the following subsection:- "(3) Subject to the authority of the Governor in Council bein g, given by Order in Council under section 107 of the Harurs Act 1955-1957 financial arrangements may be made for moneys for the time being forming part of a fund established and kept by the Authority under section 105 (1) (b ) of that Act for the purpose of the acquisition , improvement or replacement of assets for the benefit of the harbour of Cairns to be applied for the purposes of this Act as specified in the Order in Council, on the terms and conditions as the Governor in Council thinks fit including the terms of repayment of those moneys to that fund, as may be specified in the Order in Council.". 114. A m end m ent of s. 14, = Section 14 of the Principal Act is amended by omitting the last par lgraph. 115. Amendment of s. 17. : :r Prescribed Funds. Section 17 of the Principal Act is amended oy omitting the last paragraph. 116. New s. 17A . T he Principal Act is amended by inserting after section 17 the following section:- "17A. B a nk ing accounts. (1) In respect of any fund established and kept by the Authority pursuant to section 14 or 17, the funds shall be kept separate and distinct and a separate banking account may be kept for each fund or a consolidated banking account may be kept for all or any of the funds. (2) In respect of any consolidated banking account, the accounts of the Authority shall be so kept that the balances of the several funds respectively included therein shall be readily ascertainable at any time. (3) Notwithstanding subsections (1) and ( 2) of this section and section 105 of the Harbours Act 1955-1987, the Authority may, in respect of any fund established and kept by the Authority pursuant to section 14 or 17 of this Act or paragraph ( a) or (b) of section 105 of the Harbours Act 1955-1957, keep a consolidated banking account for all or any of those funds. (4) Where a consolidated banking account referred to in subsection ( 3) is kept, subsection ( 2) shall apply." . PART VI-AMENDMENTS TO CANALS ACT 117. Principal Act and amended citation . ( 1) In this Part the Canals Act 1955-1957 is referred to as the Principal Act.

Harbours Act and Other Acts Amendment Act 1987, No. 63 883 (2) The Principal Act as amended by this Part may be cited as the Canals Act 1958-1987. 118. Amendment of s. 3. Liability relating to constructing canals unlawfully. Section 3 of the Principal Act is amended in subsection (1) by- (a) omitting the word "or" where it occurs between paragraphs (a) and (b) and between paragraphs (b) and (c); (b) omitting from paragraph (c) the words "canal." and substituting the following words and paragraph:- "canal; or (d) Construct any canal whose tidal water will not upon completion be connected to the sea other than across inundated land within the meaning of section 97A of the Harbours Act 1955-1987 in respect of which the registered proprietor or where that land is leased, the lessee, may restrict, regulate or prohibit the use or movement of vessels on, over, through or beneath the waters thereof."; (c) omitting the expressions "$100 000" and "$2 000" and substituting the words "2000 penalty units" and "40 penalty units" respectively. 119. Amendment of s. 8 . When dealings with land in subdivision which provides for a ca nal prohibited . Section 8 of the Principal Act is amended in subsection (2) by omitting the expression "5 000" and substituting the words "100 penalty units". 120. Amendment of s. 10 . Consequences of connection of canal with tidal water . Section 10 of the Principal Act is amended in subsection (1) by inserting after the words "Harbours Act 1955-1978" the words ", the Gold Coast Waterways Authority Act 1976-1987". 121. Amendment of s. 15. Section 15 of the Principal Act is amended by- (a) omitting from subsection (5) the expression "$1 000" and substituting the words "20 penalty units"; (b) adding at the end thereof the following subsection:- "(6) In this Act, a penalty for an offence expressed as a number of penalty units means a penalty of an amount equal to the product obtained by multiplying the number of penalty units referred to by the value of a penalty unit as prescribed by the Penalty Units Act 1985 at the time the offence, in respect of which the reference to penalty units is made, occurred.". 122. Amendment of s. 17. Regulations . Section 17 of the Principal Act is amended in subsection (1) by omitting the expressions "$1000"

884 Harbours Act and Other Acts Amendment Act 1987, No. 63 and '1100" and substituting the words "20 penalty units" and "2 penalty units" respectively. 123. Repeal of and new Schedule. The Principal Act is amended by repealing the Schedule thereto and substituting the following Schedule:- "SCHEDULE (s. 2 (3)) CANALS ACT1958-1987 DESCRIPTION: DUNLOP'S DRAIN Parish of Gilston, County of Ward All those tidal waters contained in Dunlop's Drain within the following limits:- Commencing at a point on the high water mark of an unnamed creek, a tributary of Little Tallebudgera Creek, parish of Gilston, county of Ward, which said point bears 51 degrees 50 minutes (Magnetic) and is distant 593.45 metres from the north-western corner of resubdivision 31 of subdivision 11 of portion 66, parish of Gilston aforesaid, and bounded thence by a line bearing 165 degrees for a distance of 11.28 metres to high water mark on the right bank of the unnamed creek aforesaid, and bounded thence upstream by the right bank of tidal drain bearing generally southerly to a point on high water mark which said point bears 90 degrees and is distant approximately 402.34 metres from the south-western corner of resubdivison 54 of subdivision 11 of the aforesaid portion 66, as shown on plan catalogued Southport 3121-7 in the head office of the Department of Harbours and Marine, Queensland, and thence bounded by a line bearing 89 degrees 53 minutes 50 seconds for about 3 metres and thence bounded generally in a southerly direction by the lines shown on plan catalogued number 3120-28 in the head office of the Department of Harbours and Marine, Queensland, as far as the south-eastern corner of the area on the aforesaid plan and thence bounded by a line bearing 270 degrees for a distance of 57.868 metres to the south-western corner of the aforesaid area, and thence from this corner bounded generally in a northerly direction by lines shown on plan catalogued 3120-28 in the head office of Department of Harbours and Marine, Queensland, as far as the north-eastern corner of Lot 174 on T.P. 187683 in the Titles Office, Brisbane, thence by a line bearing 89 degrees 52 minutes 50 seconds for about 63 metres to a point on high water mark on the left bank of the aforesaid tidal drain, and bounded thence downstream along the line of high water mark, bearing generally northerly to the point of commencement, including all tidal

Harbours Act and Other Acts Amendment Act 1987, No. 63 885 tributaries thereof, as shown on plan catalogued Southport 3121-7 in the head office of the Department of Harbours and Marine, Queensland.".