Transport Legislation Amendment Regulation (No. 2) 2021 (Qld)

Part 1    Preliminary

1   Short title

This regulation may be cited as the Transport Legislation Amendment Regulation (No. 2) 2021.

2   Commencement

(1)Part 2 commences on 1 November 2021.

(2)Part 6 commences on 27 November 2021.

Part 2    Amendment of Traffic Regulation 1962

3   Regulation amended

This part amends the Traffic Regulation 1962.

4   Amendment of s 212 (Traffic Camera Coding Manual)

Section 212(2), after ‘signed by the’—
insert—

chief executive or

Part 3    Amendment of Transport Operations (Marine Safety) Regulation 2016

5   Regulation amended

This part amends the Transport Operations (Marine Safety) Regulation 2016.

6   Amendment of sch 3 (Compulsory pilotage areas)

(1)Schedule 3, section 4—
omit, insert—

4   Gladstone pilotage area

The part of the Gladstone pilotage area that is the area of—

(a)waters bounded by an imaginary line drawn—

•starting at the high-water mark at Connor Bluff on Curtis Island at approximate latitude 23° 42.909' south, longitude 151° 17.660' east

•then in a south-easterly direction to latitude 23° 46.614' south, longitude 151° 27.238' east

•then south to latitude 23° 51.419' south, longitude 151° 27.238' east

•then in a south-easterly direction to latitude 23° 54.045' south, longitude 151° 30.376' east

•then south to latitude 23° 55.583' south, longitude 151° 30.376' east

•then east to latitude 23° 55.583' south, longitude 151° 34.660' east

•then south to latitude 23° 56.509' south, longitude 151° 34.660' east

•then in a south-westerly direction to the high-water mark at the northern tip of Tiber Point on Hummock Hill Island

•then west to the high-water mark on Wild Cattle Island

•then by the high-water mark in a northerly direction along the eastern shoreline of Wild Cattle Island to the northern tip of the island

•then west to the high-water mark on the eastern shoreline of the mainland

•then by the high-water mark in a northerly direction along the eastern shoreline of the mainland to latitude 23° 38.409' south

•then east to the high-water mark of the western shoreline of Curtis Island at latitude 23º 38.409' south

•then by the high-water mark in a southerly direction along the western shoreline, in an easterly direction along the southern shoreline and in a northerly direction along the eastern shoreline of Curtis Island to the starting point; and

(b)the navigable waters of rivers and creeks flowing, directly or indirectly, into the waters mentioned in paragraph (a).

(2)Schedule 3, sections 8, 9 and 10—
omit, insert—

8   Abbot Point pilotage area

The part of the Abbot Point pilotage area that is the area of—

(a)waters bounded by an imaginary line drawn—

•starting at the high-water mark on the eastern shoreline of the mainland at longitude 147° 59.070' east

•then north to latitude 19° 48.999' south, longitude 147° 59.070' east

•then east to latitude 19° 48.999' south, longitude 148° 07.000' east

•then south to the high-water mark on the shoreline of the mainland at longitude 148° 07.000' east

•then along the shoreline of the mainland at the high-water mark to the starting point; and

(b)the navigable waters of rivers and creeks flowing, directly or indirectly, into the waters mentioned in paragraph (a).

9   Townsville pilotage area

The part of the Townsville pilotage area that is the area of—

(a)waters bounded by an imaginary line drawn—

•starting at the high-water mark on the northern tip of Cape Cleveland

•then in a south-westerly direction to latitude 19° 13.599' south, longitude 146° 54.300' east

•then west to latitude 19° 13.539' south, longitude 145° 51.450' east

•then in a north-easterly direction to latitude 19° 11.789' south, longitude 146° 52.750' east

•then in a north-easterly direction to latitude 19° 06.949' south, longitude 146° 55.050' east

•then in a north-westerly direction to latitude 19° 04.909' south, longitude 146° 52.070' east

•then west to latitude 19° 04.909' south, longitude 146° 45.070' east

•then south to the high-water mark on the mainland at longitude 146° 45.070' east

•then by the high-water mark along the shoreline of the mainland to the starting point; and

(b)the navigable waters of rivers and creeks flowing, directly or indirectly, into the waters mentioned in paragraph (a).

10   Lucinda pilotage area

The part of the Lucinda pilotage area that is the area of—

(a)waters bounded by an imaginary line drawn—

•starting at the high-water mark at George Point on Hinchinbrook Island at approximate latitude 18º 29.109' south, longitude 146º 19.500' east

•then east to latitude 18° 29.109' south, longitude 146° 24.300' east

•then south to latitude 18° 34.909' south, longitude 146° 24.300' east

•then west to the high-water mark on the mainland at latitude 18° 34.909' south

•then by the high-water mark in a northerly direction along the eastern shoreline of the mainland to approximate latitude 18° 31.409' south, longitude 146° 19.870' east

•then 352° (T) by a straight line to the starting point; and

(b)the navigable waters of rivers and creeks flowing, directly or indirectly, into the waters mentioned in paragraph (a).

(3)Schedule 3, sections 16, 16A and 17—
omit, insert—

16   Weipa pilotage area

The part of the Weipa pilotage area that is the area of—

(a)waters bounded by an imaginary line drawn—

•starting at the high-water mark on the western tip of Jantz Point (west of Duyfken Point)

•then in a south-easterly direction to latitude 12° 37.999' south, longitude 141° 36.073' east

•then in an east-south-easterly direction to latitude 12° 40.499' south, longitude 141° 45.000' east

•then in a west-south-westerly direction to latitude 12° 41.967' south, longitude 141° 36.590' east

•then in a southerly direction to the high-water mark at the western tip of Boyd Point

•then by the high-water mark in a northerly direction along the shoreline of the mainland to the starting point; and

(b)the navigable waters of rivers and creeks flowing, directly or indirectly, into the waters mentioned in paragraph (a).

17   Amrun pilotage area

The part of the Amrun pilotage area that is the area of—

(a)waters bounded by an imaginary line drawn—

•starting at the high-water mark on the shoreline of the mainland at approximate latitude 12º 54.599' south, longitude 141º 38.180' east

•then in a generally northerly direction along the south-west boundary of the Weipa pilotage area to latitude 12° 49.999' south, longitude 141° 37.600' east

•then west to latitude 12° 49.999' south, longitude 141° 35.000' east

•then in a southerly direction to the high-water mark at the western tip of Thud Point

•then by the high-water mark in a generally north-easterly direction along the shoreline of the mainland to the starting point; and

(b)the navigable waters of rivers and creeks flowing, directly or indirectly, into the waters mentioned in paragraph (a).

18   Karumba pilotage area

The part of the Karumba pilotage area that is the area of—

(a)waters bounded by an imaginary line drawn—

•starting on the shoreline of the mainland at approximate latitude 17° 23.999' south, longitude 140° 52.000' east

•then west to latitude 17° 23.999' south, longitude 140° 43.000' east

•then south to the high-water mark on the western shore of the Bynoe Inlet

•then by the high-water mark in a generally north-easterly direction along the shoreline of the mainland to the starting point; and

(b)the navigable waters of rivers and creeks flowing, directly or indirectly, into the waters mentioned in paragraph (a).

Part 4    Amendment of Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2015

7   Regulation amended

This part amends the Transport Operations (Road Use Management—Accreditation and Other Provisions) Regulation 2015.

8   Amendment of s 34 (Necessary expertise—Act, s 21(1)

Section 34(b)—
omit, insert—

(b)has successfully completed an approved training course in delivering training under the Q-Ride training curriculum.

Part 5    Amendment of Transport Operations (Road Use Management—Driver Licensing) Regulation 2021

9   Regulation amended

This part amends the Transport Operations (Road Use Management—Driver Licensing) Regulation 2021.

10   Replacement of s 390 (Fees—Act, ss 91P and 171)

Section 390—
omit, insert—

390   Fees

For sections 91B(4), 91G(3), 91P(4) and 171(3)(a) of the Act, the fees payable under the Act are stated in schedule 7.

Part 6    Amendment of Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021

11   Regulation amended

This part amends the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021.

12   Amendment of s 66 (What is a certificate of inspection)

(1)Section 66(2)(a) to (d) and (4)(a) to (d)—
omit, insert—

(a)for a heavy primary production vehicle—2 years;

(b)otherwise—1 year.

(2)Section 66(6), definitions public passenger vehicle and relevant bus—
omit.

13   Amendment of s 67 (What is a safety certificate)

Section 67(2)(c), after ‘of’—
insert—

other than

14   Amendment of s 77 (Approved examiner may approve inspection certificate for particular vehicles)

Section 77—
insert—

(2)Also, an approved examiner may approve a certificate of inspection for a vehicle if—

(a)the vehicle is a registered vehicle that is—

(i)a motor vehicle with a GVM of more than 16t; or

(ii)a trailer with an ATM of more than 10t; and

(b)the vehicle has a garage address in an exempt area; and

(c)the approved examiner inspects the vehicle in an exempt area.

(3)In this section—

garage address see the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021, section 5.

15   Amendment of s 111 (Waiving payment of particular fee in special circumstances)

(1)Section 111(a), ‘or 3’—
omit.

(2)Section 111(b), ‘11, 12’—
omit, insert—

4, 11, 13

16   Insertion of new pt 10, div 1, hdg

Part 10, before section 112—
insert—

Division 1 Transitional provisions for SL No. 114 of 2021

17   Insertion of new pt 10, div 2

Part 10, after section 127—
insert—

Division 2 Transitional provision for Transport Legislation Amendment Regulation (No. 2) 2021

128   Certificates of inspection issued for particular vehicles before commencement

(1)This section applies to a certificate of inspection—

(a)issued for—

(i)a public passenger vehicle, other than a booked hire vehicle, limousine or taxi; or

(ii)a bus, other than a relevant bus; and

(b)in effect immediately before the commencement.

(2)The certificate of inspection continues in effect until it would have ended under former section 66 as if the Transport Legislation Amendment Regulation (No. 2) 2021 had not been made.

(3)In this section—

former section 66 means section 66 as in force before the commencement.

public passenger vehicle see the Transport Operations (Passenger Transport) Act 1994, schedule 3.

relevant bus means a bus, other than a bus used to provide a public passenger service, that is—

(a)built to carry 12 or fewer seated adults; or

(b)used for a private purpose; or

(c)used for driver tuition.

18   Amendment of sch 2 (Exempt areas)

Schedule 2, item 1—
insert—

•Torres Strait Island