Nerang River Entrance Development Act 1984 (Qld)

49 ANNO 'IRICESIMO SECUNDO ELIZ. ET H AE S ECUN DAE REGINAE No. 8 of 1984 Act to autho rize the c arryi ng out by or on beh alf of the Gold Coast Waterways Authority of certain works in connexion with the relocation of the Nerang River entrance ; in relation thereto , to provide for the vesting of certain lands in the Crown ; and for connected p urp oses [PASSED THIRD READING 21ST DECEMBER, 1983; ASSENTED TO 10TH JANUARY, 1984]

50 Nerang River Entrance Development Act 1984, No. 8 BE IT ENACTED by the Queen' s Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Q ueensland in Parliament assembled , and by the authority of the same , as follows:- 1. Short title . This Act may be cited as the Nerang River Entrance Development Act 1984. 2. Interpretation . In this Act, unless the contrary intention appears- " the Authority " means the Gold Coast Waterways Authority; " the Minister " means the Minister for Water Resources and Maritime Services or other Minister of the Crown for the time being charged with the administration of this Act. The term includes any Minister of the Crown who is temporarily performing the duties of the Minister; " the specification " means the specification referred to in the meaning of the term " the works " and, where the specification is altered pursuant to section 5, means the specification as so altered; " the works " means all those works specified in the specification dated 11 May 1983 prepared on behalf of the Authority by Cardno & Davies Australia Pty. Ltd., a copy of which is held at the office of the Department of Harbours and Marine, Brisbane. Where the specification is altered pursuant to section 5, the term includes all those works specified in the specification as so altered. 3. Authority may carry o ut works . (1) The Authority is hereby authorized to carry out the works in accordance with the specification. (2) It may cause the works or any part of the works to be carried out by other persons on its behalf and may enter into contracts with other persons accordingly. (3) The situation geographically of the area where the works are to be carried out and the identification in relation thereto of certain of the works to be carried out are as indicated in the sketch plan contained in the Schedule to this Act. (4) Nothing contained in any scheme for town planning pursuant to the Local Government Act 1936-1983 relating to a town planning scheme area within which is the land or part of the land in respect of which the Authority is authorized to carry out the works and no reservation and setting apart of any Crown land for a public purpose or other thing done pursuant to the Land Act 1962-1983 shall prevent, limit or affect in any way the carrying out of the works or the use of the land or part of the land as aforesaid for that purpose. (5) For the purpose of the carrying out of the works or any part of the works by another person or behalf of the Authority, the Minister may identify an area of land of such dimensions as he considers necessary in the circumstances for use by that person as a site for the carrying out

Nerang River Entrance Development Act 1984, No. 8 51 by him of activities associated with the carrying out of the works or the part of the works; and that person may use that area of land accordingly during the currency of his contract with the Authority. 4. Calling of tenders prior to commencement of Act. Where prior to the commencement of this Act the Authority has called tenders for the carrying out of the works in accordance with the specification, such calling of tenders shall be taken to have been authorized by this Act as if this Act had then been in force. 5. Minor alteration of specification . (1) The Authority itself or, where it contracts with any person for the carrying out of the works or any part of the works, by agreement with that person may make minor alterations to the specification where the proposal for alteration is first communicated to the Minister and he consents thereto, but in no case shall an alteration be made where the concept relating to the works to be carried out embodied in the specification would be altered by reason of the alteration. (2) (a) If the Authority has made any minor alteration to the specification prior to the commencement of this Act, it shall as soon as practicable after such commencement communicate such alteration to the Minister and request his consent thereto. (b) If the Minister in his discretion consents to the alteration, the specification shall thereupon be taken to have been so altered. (3) Where an alteration is made pursuant to this section, the specification as so altered shall be taken to be the specification for the purposes of this Act. 6. Works in relation to Gold Coast Waterways area. (1) The Authority is authorized to carry out the works notwithstanding that part of the works may not be within the area of the Gold Coast Waterways as defined in the Gold Coast Waterways Authority Act1979-1982. (2) Upon completion of the works, the limits of the Gold Coast Waterways shall be taken to be varied by the amendment of its area to include the part of the works not previously within the area together with the Nerang River as relocated at its entrance. 7. Works of reclamation . (1) The provisions of sections 91 and 92 of the Harbours Act 1955-1982 are not applicable with respect to the carrying out by the Authority of any of the works that are works of reclamation of land below high water mark. (2) Sections 94 and 95 of the said Act apply to the works of reclamation of land below high water mark as aforesaid as if the reclamation were authorized by Order in Council pursuant to section 91 (2) of that Act. 8, Be ach Protection Act not to apply. (1) Subject to subsection (2 the Beach Protection Act1968-1974 is not applicable with respect to any of the works carried out pursuant to this Act.

52 Nerang River Entrance Development Act 1984, No. 8 (2) The Authority shall- (a) comply with any requirements of The Beach Protection Authority with respect to the transfer or movement of sand from one place to another in the vicinity of the relocated Nerang River entrance to the satisfaction of that Authority; (b) carry out to the satisfaction of The Beach Protection Authority such planting of and other activities with respect to vegetation on reclaimed land following works of reclamation pursuant to this Act and other land affected by the works as are required to be carried out by that Authority. 9. Vesting of certain lands in the Crown. (1) All those lands in the parish of Currigee, town of Moondarewa, alienated by the Crown in fee simple shall on the commencement of this Act and by force of this Act be divested from the owners thereof and vest in the Crown without the making of any compensation in respect thereof. (2) The Minister shall cause such notification to be given to the Registrar of Titles as will sufficiently identify to him the lands referred to in subsection (1), and the Registrar of Titles shall on receipt of such notification make every entry, cancellation and correction in any register, record or book in his custody or under his control and do and execute such other acts, matters and things as shall to him appear necessary and proper to register and record the vesting of the lands in the Crown. 10. Closure of roads . Any land in the parish of Currigee, town of Moondarewa, that is a road immediately prior to the commencement of this Act shall on such commencement cease to be a road.