Harbours Act and Other Acts Amendment Act 1989 (Qld)

530 HA:117313URS ACT AND OTHER ACT S AMENDMEN T A CT No. 44 of 1989 ANALY SIS OF CONTENTS 1. Short title 2. Arrangement of Act PART I-PRELIMINARY PART II-AMENDMENT OF HARBOURS ACT 1955-1987 3. Principal Act and citation as amended 4. Amendment of s. 3 . Parts of this Act 5. Amendment of s. 4. Repeals and savings 6. Amendment of s. 24. Disqualifications 7. Amendment of s. 75. Removal of abandoned property 8. Amendment of s. 86. Work on tidal lands or waters , etc., not to be constructed without sanction of Governor in Council 9. Amendment of s. 104A. Publication of by-laws and laying before Legislative Assembly 10. Amendment to heading of Division III, Part VI 11. Amendment of s. 114 12. Repeal of ss. 115, 116, 117 13. Amendment of s. 118A. Annual Report 14. Amendment of s. 140A. Boating Facilities Fee 15. Amendment of s. 168A . Distribution of revenue from the operation of certain harbour works 16. Repeal of s. 208 . Accounts and Audit PART III-AMENDMENT OF GOLD COAST WATERWAYS AUTHORITY ACT 1979-1987 17. Principal Act and citation as amended 18. Amendment of s. 3. Arrangement of Act 19. Amendment of s. 4. Meaning of Terms 20. Amendment of s. 16 . Restriction on works affecting Waterways or navigation 21. Amendment to heading of Div. 4, Part III . Accounts and Audit 22. Repeal of ss. 48, 51 23. Amendment of s. 50. Annual accounts of Authority 24. Amendment of s. 77. Annual report

531 PART IV-AMENDMENT OF PORT OF BRISBANE AUTHORITY ACT 1976-1987 25. Principal Act and citation as amended 26. Amendment of s. 3. Arrangement of Act 27. Amendment of s. 4. Meaning of terms 28. Amendment of s. 22. Funds to be maintained 29. Amendment of s. 23. Harbour Fund 30. Repeal of ss. 22A, 24, 46, 49 31. Amendment to heading of Div. 4, Part III. Accounts and Audit 32. Amendment of s. 48. Annual accounts of Port Authority 33. Amendment of s. 77. Annual Report PART V-AMENDMENT OF BEACH PROTECTION ACT 1968-1986 34. Principal Act and citation as amended 35. Amendment of s. 3. Meaning of terms 36. Amendment of s. 5. The Authority

532 A NN O TRICESIMO OCTAVO ELIZA - ET AE SEC N AE REGINAE An Act to am end the Harbours Act 1955-1987, the GoldCoast Waterways Authority Act 1979-1987, the Portof BrisbaneAuthority Act 1976 -1987 and the BeachProtectionAct 1968- 1986 each in certain particulars [ASSENTED TO 5TH MAY, 1989]

Harbours Act and Other Acts Amendment Act 1989, No. 44 533 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 1989. 2. Arrangement of Act. This Act is arranged as follows:- PART I-PRELIMINARY; PART II-AMENDMENT OF HARBOURS ACT 1955-1987; PART III-AMENDMENT OF GOLD COAST WATERWAYS AUTHORITY ACT 1979-1987; PART IV-AMENDMENT OF PORT OF BRISBANE AUTHORITY ACT 1976-1987; PART V-AMENDMENT OF BEACH PROTECTION ACT 1968-1987. PART II-AMENDMENT OF HARBOURS ACT 1955-1987 3. Principal Act and citation as amended . (1) In this Part the Harbours Act 1955-1987 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Harbours Act 1955-1989. 4. Amendment of s. 3. Parts of this Act. Section 3 of the Principal Act is amended by omitting the heading "Division III-Accounts and Audit (ss. 114-118A);" and substituting the heading "Division III- General (ss. 114, 118A);". 5. Amendment of s. 4. Repeals and savings . Section 4 of the Principal Act is amended by, in the proviso- (a) in paragraph (ii) (c) omitting the words ", as well as the limits of the Harbour Board Districts constituted for the election of the elective members of the Harbour Boards respectively,"; (b) omitting paragraph (xii). 6. Amendment of s. 24. Disqualifications . Section 24 (1) of the Principal Act is amended by omitting the words "; or (vi) A person who is ousted from his office by the Supreme Court". 7. Amendment of s. 75. Removal of abandoned property . Section 75 (19) of the Principal Act is amended by omitting the words "Consolidated Revenue" and substituting the words "the Harbours Marine Fund". 8. Amendment of s. 86. Work on tidal lands or waters , etc., not to be constructed without sanction of Governor in Council . Section 86 of the Principal Act is amended by- (a) in subsection (3),

534 Harbours Act and Other Acts Amendment Act 1989, No. 44 (i) inserting after the words "(each of whom is hereinafter" the words "in this section"; (ii) inserting at the end of provision (i) the following paragraph:- "The constructing authority, unless it is a Local Authority, shall seek and submit with the plan referred to in this provision (i) a statement of the views of the Local Authority concerned in respect of the proposed work;"; (iii) omitting the word "approval" wherever occurring and substituting the word "sanction" in each case; (iv) in provision (ii), omitting the word "approve" and substituting the word "sanction"; (v) in provisions (iii) and (iv), omitting the word "approved" and substituting the word "sanctioned" in each case; (b) in subsection (5), (i) in paragraph (b), omitting the words "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"; (ii) omitting the word "approval" where twice occurring and substituting the word "sanction" in each case; (c) inserting after subsection (5) the following subsection:- "(5A) Sanction shall not be given pursuant to this section for the construction of harbour works or other works referred to in subsection (5) unless the Governor in Council is satisfied- (a) that the artificial channel or lake or portion of the channel or lake is not used or intended to be used to provide access to tidal water for persons occupying, for private residential purposes, allotments in any subdivision of land; or (b) if the artificial channel or lake or portion of the channel or lake is used or intended to be used to provide access to tidal water for persons occupying, for private residential purposes, allotments in any subdivision of land, that the construction of the harbour works or other works will provide that access from not more than 10 of those allotments- (i) that have a frontage to or adjoin the high water mark of the artificial channel or lake or portion of the channel or lake; or (ii) that are so located to the high water mark of the artificial channel or lake or portion of the channel or lake that the distance from the high water mark

Harbours Act and Other Acts Amendment Act 1989, No. 44 535 to the point of those allotments that is nearest to the high water mark is 50 metres or less, and, if the Governor in Council considers it to be necessary, that satisfactory arrangements have been made or will be made for the maintenance of the harbour works or other works and the artificial channel or lake or portion of the channel or lake. For the purposes of this subsection, the expression "allotments in any subdivision of land" includes a parcel as defined in section 7 (1) of the Building Units and Group TitlesAct 1980-1988.". 9. Amendment of s. 104A . Publication of by-laws and laying before Legislative Assembly. Section 104A (3) of the Principal Act is amended by omitting the words "Harbour Board District and substituting the words "locality to which the by-law relates". 10. Amendment to heading of Division III, Part VI. The heading to Division III of Part VI of the Principal Act is amended by omitting the words "ACCOUNTS AND AUDIT" and substituting the word "GENERAL". 11. Amendment of s. 114. Section 114 of the Principal Act is amended by- (a) omitting subsections (1),(2) and (3); (b) in subsection (4), omitting the expression "(4)". 12. Repeal of ss. 115, 116, 117. Sections 115, 116 and 117 of the Principal Act are repealed. 13. Amendment of s. 118A . Annual Report . Section 118A of the Principal Act is amended by- (a) omitting the note appearing in and at the beginning of the section and substituting the note "Sale of annual report."; (b) omitting subsections (1), (2), (3), (5) and (6); (c) in subsection (4), (i) omitting the expression "(4)"; (ii) omitting the word "report" where firstly occurring and substituting the words "annual report of a Harbour Board"; (iii) omitting the words "pursuant to subsection (3) or, if the Legislative Assembly is not sitting when the report has been completed, until the release of the report has been approved by the Minister" and substituting the words "or is deemed to have been so laid, pursuant to section 461 of the Financial Administration and Audit Act 1977-1988".

536 Harbours Act and Other Acts Amendment Act 1989, No. 44 14. Amendment of s. 140A. Boating Facilities Fee. Section 140A of the Principal Act is amended by- (a) in the second paragraph, omitting the words "Harbours Corporation" and substituting the words "Department of Harbours and Marine"; (b) omitting the fourth paragraph. 15. Amendment of s. 168A . Distribution of revenue from the operation of certain harbour works. Section 168A of the Principal Act is amended by omitting subsection (1) and substituting the following subsections:- "(1) The Governor in Council, by Order in Council, may direct in respect of a Harbour Board or the Harbours Corporation and in respect of a period specified therein that an amount- (a) shall be paid by the Board or the 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 shall be made available for expenditure by the Board or the Corporation for a purpose or for purposes specified in the Order in Council; (b) shall be paid by the Board or the Corporation to any other Harbour Board or to the Corporation as specified in the Order in Council, for use by that other Board or the Corporation, as the case may be, for a purpose or for purposes specified in the Order in Council; or (c) shall be paid by the Board or the Corporation to any fund within the Public Accounts as specified in the Order in Council. (IA) The amount to which an Order in Council under subsection (1) is to relate may be assessed- (a) by reference to such of the revenue of the Harbour Board or the Harbours Corporation as is specified in the Order in Council; (b) by reference to the volume of goods passing over or through a harbour or particular harbour works within a harbour, as is specified in the Order in Council; or (c) in any other manner considered by the Governor in Council to be appropriate, which may, but need not, be specified in the Order in Council. (l B) Where in respect of a financial year after the year ending on 30 June 1989 the liability to contribute amounts payable to the Harbours Marine Fund in accordance with subsection l (c) is to be that of 2 or more of them, the Harbour Boards and the Harbours Corporation, then without prejudice to the generality of subsection (IA) (c), the liability to contribute to the sum of

Harbours Act and Other Acts Amendment Act 1989, No. 44 537 those amounts shall be distributed among the contributors by adjusting the proportion of the liability to contribute to the sum of the amounts so payable for the preceding financial year had by each of the contributors in accordance with the assessment by the Minister (made after consultation with the chairmen of the Boards that are to be required to contribute in the financial year in question) of variations in the capacities of the contributors to contribute to the sum of the amounts payable for the financial year in question. The variations to be assessed by the Minister under the preceding paragraph shall be based on- (a) variations in the volume of goods passing over or through the harbours of the Boards or the Corporation concerned in the contribution for the year in question in the categories to which harbour dues are applied; and (b) such other factors as the Minister considers relevant. (1c) In respect of any financial year after the year ending on 30 June 1989 the Minister may, by agreement with the chairmen of the Harbour Boards that are to be directed under subsection (1) to contribute an amount to the Harbours Marine Fund for that financial year, vary the division of liability to contribute to that Fund for that year as between the Harbour Boards on the one hand and the Harbours Corporation on the other, in addition to any variation made pursuant to subsection (1 B).". 16. Repeal of s. 208. Accounts and Audit . The Principal Act is amended by repealing section 208. PART III-AMENDMENT OF GOLD COAST WATERWAYS AUTHORITY ACT 1979-1987 17. Principal Act and citation as amended . (1) In this Part the GoldCoast Waterways Authority Act 1979-1987 is referred to as the Principal Act. (2) The Principal Act as amended by this Pa may be cited as the Gold Coast Waterways Authority Act 1979-1989. 18. Amendment of s. 3. Arrangement of Act. Section 3 of the Principal Act is amended by in the heading "Division 4-Accounts and Audit;" omitting the words "and Audit". 19. Amendment of s. 4. Meaning of terms. Section 4 (1) of the Principal Act is amended by omitting the definition "Minister" and substituting the following definition:- "Minister" includes a Minister of the Crown who is temporarily performing the duties of the Minister;". 18

538 Harbours Act and Other Acts Amendment Act 1989, No. 44 20. Amendment of s. 16 . Restriction on works affecting Waterways or navigation . Section 16 (1) of the Principal Act is amended by omitting paragraph (a) and substituting the following paragraph:- "(a) before commencing the work a person shall deposit at the office of the Authority a plan in duplicate of the whole work, showing all the details of the proposed work, with the limits of deviation (if any) to be allowed, and the mode in which it is proposed the same shall be carried out and shall- (i) seek and submit with the plan a statement of the views of the Local Authority concerned in respect of the work; and pay to the Authority such fee as is provided for in the by-laws of the Authority;". 21. Amendment to heading of Div. 4, Part III. Accounts and Audit. The heading to Division 4 of Part III of the Principal Act is amended by omitting the words "and Audit". 22. Repeal ofss. 48 , 51. Sections 48 and 51 of the Principal Act are repealed. 23. Amendment of s. 50 . Annual accounts of Authority. Section 50 of the Principal Act is amended by:- (a) omitting the note appearing in and at the beginning of the section and substituting the note "Inspection of books by members."; (b) omitting subsections (1), (2) and (3); (c) in subsection (4), omitting the expression "(4)". 24. Amendment of s. 77. Annual report. Section 77 of the Principal Act is amended by- (a) omitting the note appearing in and at the beginning of the section and substituting the note "Sale of annual report."; (b) omitting subsections (1), (2), (3) and (5); (c) in subsection (4)- (i) omitting the expression "(4)"; (ii) omitting the word "report" where firstly occurring and substituting the words "annual report of the Authority"; (iii) omitting the words "pursuant to subsection (3) or, if the Legislative Assembly is not sitting when the report has been completed until the release of the report has been approved by the Minister" and substituting the words ",: or is deemed to have been so laid, pursuant to section 461 of the Financial Administration and Audit Act 1977- 1988'.'.

Harbours Act and Other Acts Amendment Act 1989, No. 44 539 PART IV-AMENDMENT OF PORT OF BRISBANE AUTHORITY ACT 1976-1987 25. Principal Act and citation as amended . (1) In this Part the Portof Brisbane Authority Act 1976-1987 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 1976-1989. 26. Amendment of s. 3 . Arrangement of Act. Section 3 of the Principal Act is amended by, in the heading "Division 4-Accounts and Audit;" omitting the words "and Audit". 27. Amendment of s. 4. Meanin g of terms. Section 4 of the Principal Act is amended by omitting the definition "Minister" and substituting the following definition:- "Minister" includes a Minister of the Crown who is temporarily performing the duties of the Minister;". 28. Amendment of s. 22. Funds to be maintained . Section 22 of the Principal Act is amended by omitting all words from and including the words "; and" to and including the words "Graving Dock Fund". 29. Amendment of s. 23. Harbour Fund . Section 23 (2) of the Principal Act is amended by omitting paragraph (b). 30. Repeal of ss. 22A , 24, 46 , 49. The Principal Act is amended by repealing sections 22A, 24, 46 and 49. 31. Amendment to heading of Div. 4, Part III. Accounts and Audit. The heading to Division 4 of Part III of the Principal Act is amended by omitting the words "and Audit". 32. Amendment of s. 48 . Annual accounts of Port Authority . Section 48 of the Principal Act is amended by:- (a) omitting the note appearing in and at the beginning of the section and substituting the note "Inspection of books by members."; (b) omitting subsections (1), (1A), (2) and (3); (c) in subsection (4), omitting the expression "(4)". 33. Amendment of s. 77. Annual Report. Section 77 of the Principal Act is amended by:- (a) omitting the note appearing in and at the beginning of the section and substituting the note "Sale of annual report."; (b) omitting subsections (1), (2), (3) and (5); (c) in subsection (4), (i) omitting the expression "(4)"; (ii) omitting the word "report" where firstly occurring and substituting the words " annual report of the Port Authority";

540 Harbours Act and Other Acts Amendment Act 1989, No. 44 (iii) omitting the words "pursuant to subsection (3) or, if the Legislative Assembly is not sitting when the report has been completed until the release of the report has been approved by the Minister" and substituting the words ", or is deemed to have been so laid, pursuant to section 461 of the Financial Administration and Audit Act 1977- 1988". PART V- AMENDMENT OF BEACH PROTECTION ACT 1968-1986 34. Principal Act and citation as amended . (1) In this Part the Beach Protection Act 1968-1986 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Beach Protection Act 1968-1989. 35. Amendment of s. 3. Meaning of terms. Section 3 (1) of the Principal Act is amended by omitting the definition "Minister" and substituting the following definition:- "Minister"-Includes a Minister of the Crown who is temporarily performing the duties of the Minister;". 36. Amendment of s. 5. The Authority. Section 5 (3) (a) of the Principal Act is amended by inserting after the word "Director" the words or other officer of the Department of Harbours and Marine nominated by the Minister to carry out the functions and duties of the Chairman".