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©State of Queensland
QUEENSLAND
GOLD COAST WATERWAYS AUmORlTY ACT 1979-1982
(Reprinted as at 1 August, 1983}
Gold Coast Waterways Authority Act
1m,
No. 38 As amended byGold Coast Waterways Authority Ad Amendment Ad 1980, No. 44 Harbours Ad and Other Acts Amendment Ad 1982, No. 14, Part IV
An Act to provide for the constitution of a Gold Coast Waterways Authority and its powers and functions; to provide for the vesting in the Authority of assets and assumption by the Authority of liabilities and obligations and for related purposes
[ASSENTED TO 26 JUNE, 1979]
BB 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 fonows:-
PAR.T I-PRm.IMJNAR.Y
1. Short title. This Act may be cited as the Gold Coast Waterways Authority Act 1979.
Collective title conferred by Act of 1982, No. 14. s. 61 (2).
2. Commencement. (1) The provisions of this Act other than Parts I and II and Division 5 of Part III shall come into operation on a date to be appointed by Proclamation.
(2) Parts I and II and Division 5 of Part III shall come into operation on the date on which this Act is assented to for and on behalf of the Crown.
Parts I and
n
and Division S of Partm
commenced on date of Assent.Act (except Parts I and
n
and Division S of Part Ill) commenced 17 September 1979 (proc. pubd. Gaz. 1 September 1979, p. 95).~ ss. 3, 4 GOLD COAST WATERWAYS AUTHORnY ACT 19i9-i9a~
3.. Arrangement of Act. This Act is divided into Parts and Divisions as follows:-
PART I-PRELIMINARY (ss. 1-4);
PART II-TID! AUTHORITY (ss. 5-23);
Division I-Constitution;
Division 2-Powers and Functions,'
PART IH.;;....FrNANCIAL PROVISIONS (8S. 24-60);
Division I-Funds
0/
Authority,' Division 2-Budgets,-Division 3-Borrowing of Authority;
Division 4-A.ccounts and Audit;
Division 5-Proceedings and Business
0/
Authority,'PART IV-GOLD CoAST WATERWAYS (ss. 61-62);
PART V-AssETS AND LIABIUTIES OF AumORITY (S8. 63-69);
PART VI-GBNBRAL PROVISIONS (8$. 70-78).
4. Meamngofterms. (1) In this Aot save where·&: contrary intentio~
appears-
.. appointed day" means the date on which this Act is to 90mmence pursuant to Proclamation;
6.
Authority t. means the Gold Coast Waterways Authority constituted under this Act;" financial year" means the period commencing on 1 July in any calendar year and concluding on 30June in the next succeeding calendar year;
"~arbours Corporation" means The Harbours Corporation of Queensland constituted under the Harbours Act 1955-1978;
" Manager" includes any person who at the material time is performing the duties of the Manager of the Authority;
"Minister" means the Minister for Maritime Services and Tourism or other Minister of the Crown for the time being charged with the administration of this Act and includes any person who for the time being performs the duties of the Minister;
',' Port Authority n means the Port of Brisbane Authority constituted under the Port of Brisbane Authority Act 1976;
"Waterways" means the Gold Coast Waterways.
(2) Save where a contrary intention appears in this Act, any term or expression to which a meaning is assigned by the Harbours Act 1955-1978 has the meaning so assigned when used in this Act.
GOLD COAST WATERWAYS AUTHORITY ACT 1979-1982
PART II-THE AUTHORITY
Division I-Constitution
55. 5-7 3
5. Constitution or Authority. (1) There is hereby constituted a body corporate under the name and style" Gold Coast Waterways Authority".
(2) The Authority shall, by the name and style conferred On it by subsection (1), have perpetual succession and a common seal and for the purpose of carrying out the objects and purposes of this Act shall be capable in law of suing and being sued in its corporate name and subject to this Act (where it so provides) or, where this Act does not so provide, the Harbours Act 1955-1978 (where it so provides), of taking, acquiri:p.g, holding and disposing of land and other property, of granting and taking leases of land and other property, and of doing and suffering all such other acts and things as bodies corporate may in law do and suffer.
(3) All courts, judges and persons acting judicially shall take judicial notice of the common seal of the Authority affixed to a document and
shall presume that it was duly affixed.
(4) The Minister may issue directions to the Authority on matters of policy and the exercise of its powers and functions and the Authority shall observe and carry out the directions so given.
As amended by Act of 1980, No. 44, s. 2.
6. Composition or Authority. (1) The Authority shall consist of not less than five nor more than seven members ordinarily resident within Queensland, appointed by the Governor in Council on the recommendation of the Minister by notification published in the Gazette.
. (2) The Governor in Council may at any time appoint in accordance with subsection (1) the person who is Manager of the Authority to be a member of the Authority.
(3) The Authority may be first constituted at any time after the passing of this Act and if in so constituting the Authority the provisions of this Division are complied with the Authority shall be taken to have been thereby validly constituted.
7. Term of appointment of members. (1) Every member of the Authority shall be appointed for a term of three years and, if he is duly recommended for a second or subsequent appointment, shan be eligible for further appointment to membership of the Authority, but in every case, unless his office is sooner vacated as prescribed, his appointment shall be deemed to continue until his successor, duly appointed in accordance with this Act, assumes his office as a member.
(2) Notwithstanding subsection (I), if at any time during the term of appointment of members the person who is the Manager of the Authority is appointed a member of the Authority. his term of appointmen~
shall be until the expiration of the term of the other members of the Authority.
4 ss. 8·10 GOLD COAST WATERWAYS AUTHORITY ACT 1979-1982
8. Vacating member's office. (1) A member of the Authority 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 the Authority other than the person who is the Manager of the Authority.
(3) A member of the Authority shall be deemed to have vacated his office-
(a) in the event of his resignation, upon the receipt by the Minister of the notice of resignation;
(b) in the event of his removal, upon the issue by the Minister of notice of his removal;
(c) in the case of the person who is the Manager of the Authority, in the event of his ceasing to be Manager;
(d) in the event of his absence without the Authority'S leave first obtained from three consecutive ordinary meetings of the Authority of which notice has been duly given to him.
(4) For the purposes of subsection (3) (d)-
(a) the non attendance of a member at the time and place appointed for an ordinary meeting shall not constitute absence from such meeting unless a meeting of the Authority 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.
, 9. Casual vacancy in member's office. (1) A casual vacancy shall be taken to arise in the office of a member of the Authority-
(a) if he dies;
(b) if his office becomes vacant as prescribed by section eight.
. (2) If a casual vacancy occurs in the office of a member of the Authority during the currency of his term of appointment another person shall or, in the case of the Manager, may be appointed as a member in accordance with section six, to fill that vacancy.
The appointment of a person appointed to fill a casual vacancy shalf continue and be deemed to continue for as long as the appointment of his' predecessor had the casual vacancy not occurred.
10. Chairman and Deputy Chairman of Authority. (1) The Chairman of the Authority shall be appointed from the members of the Authority for the time being by the Governor in Council by notification published
1ll the Gazette and each shall hold his appointment as such until his office as member of the Authority is vacated or the term of appointment of members current at the material time expires, whichever event occurs
first.
GOLD COAST WATERWAYS AUTHORITY ACT 1979-1982 55. lI-nl\ 5
(2) When an appointment is made to fill a casual vacancy in the office of a member who was Chairman of the Authority the Governor in Council shall, by notification published in the Gazette, appoint the member of the Authority who shall be the new Chairman.
(3) The members of the Authority shall elect one of their number to be Deputy Chairman of the Authority at their first meeting held after they assume office or, where a vacancy occurs in the office of Deputy Chairman, after the appointment of a member in the place of the member who was Deputy Chairman.
11. Appointment of Manager. (1) The Authority shall from time to time appoint and employ a Manager of the Authority.
(2) Notwithstanding the provisions of section 49 (1) of the Harbours Act 1955-1978 the Authority mayor may not as it sees fit, appoint and employ a secretary.
(3) Until such time as the Authority sees fit to appoint a secretary in terms of section 49 (1) of the Harbours Act 1955-1978 the Manager of the Authority shall for the purposes of this Act have aU the powers, authorities, functions and duties of such a secretary.
12. Fees and allowances of members. (1) Each member of the Authority shall be paid such fees and allowances in respect of the discharge of his duties as a member as the Governor in Council approves from time to time.
(2) Each member of the Authority shall be paid such expenses as are necessarily incurred by him in the discharge of his duties as a member ,and as the Authority approves.
12A. Maintenance of superannuation scheme. The Authority may with the approval of the Governor in Council-
(a) institute and maintain any scheme or schemes;
(b) amend any scheme or schemes (whether instituted before or after the commencement of the Gold Coast Waterways Authority
Act Amendment Act 1980),
for the provision of superannuation benefits to its officers and employees and to that end may provide in such manner as it thinks fit for the estabHshment and maintenance of such funds as it considers necessary or desirable and may contribute to such funds:
Provided that it shall not be necessary for the Authority to obtain the approval of the Governor in Council to maintain any scheme or schemes instituted by it before the commencement of the Gold Coast
Waterways Authority Act Amendment Act 1980.
Inserted by Act of 1980, No. 44. s. 3.
p ss. 13-15 GOLD COAST WATERWAYS AUTHORITY ACT 1979-1982
Division 2-Powers and Functions
13. Principal function of Authority. Subject to this Act and to the Harbours Act 1955-1978 the Authority shall manage and control the Waterways and all harbour works and other works pertaining to the Waterways that are constructed by or are the property of the Authority or whose management and control has been vested in the Authority pursuant to this Act or the Harbours Act 1955-1978.
14. Meaning of term. In this Division-
" for private use" means for the use of a private pleasure vessel or private residential property.
15. Works not to be constructed without th~ approval of the Authority.
(1) On and from the appointed day the provisions of sections 86 to 90, both inclusive, of the Harbours Act 1955-1978 shall no longer apply to any harbour works or other works of any kind or any pile or other structure that for private use is constructed or placed in, on, over, through, or across any foreshore of or any land lying under the Waterways (including any navigable river) after that day.
(lA) On and from the date of commencement of the Harbours Act and Other Acts Amendment Act 1982 the, provisions of sections 86 to 90, both inclusive, of the Harbours Act 1955-1982 shall no longer apply to any harbour works or other works of any kind or any pile or ether structure that is constructed er placed in, on, over, through, or across any foreshore of or any land lying under the Waterways (including any navigable river) other than for private use after that date.
(In) Notwithstanding the provisions of subsections (1) and (IA), section 86 of the Harbours Act 1955-1982 shall continue to apply to. the construction of the works that are specified in section 86 (5) of that Act and are connected or intended to be connected with tidal water in the
Waterways.
(2) The provisions of subsection (3) of this sectien shall not apply to-
(a) any works constructed under the authority ef section 60 of the Harbours Act 1955-1978; or
(b) any work of reclaiming land under the authority of a special Act or an Order in Council as referred to in section 91 of the Harbours Act 1955-1978.
(3) (a) A person shall not commence or construct any harbour works or other works of any kind, or place any pile or other structure in, on, over, through, or across any foreshore of or any land lying under the Waterways (including any navigable river), whether the foreshore or land is alienated or held from the Crown or not, nor attempt any of those things, without the approval of the Authority previously obtained in the manner provided by section 16 of this Act.
Penalty: $5 000.
When such approval has been obtained, it shall not be necessary to obtain also any approval required by any enactment of any Minister or of The Marine Board of Queensland.
GOLD COAST WATERWAYS AUTHORITY ACT 1979-1982 s. 16 7
(b) The Authority in granting an approval under this section may~
where a right to use and occupy the land in question is not already held by the person concerned, as a condition of the approval require the person concerned to make application to the Authority for the issue of a lease, licence or permit by the Authority for the use and occupation of the land concerned.
Where that condition is not imposed by the Authority, the approval of the Authority under this section shall be construed as a right to use and occupy the land in question for the purpose proposed at the pleasure of the Authority unless and until such right is withdrawn.
(c) The Authority may by notice given in writing direct a person who has for private use commenced or constructed or placed any such works or structure contrary to the provisions of paragraph (a) of this subsection to abate and remove the same and restore the site thereof to its former condition as nearly as practicable within such time as the Authority may specify in the notice.
The person to whom such a notice is given shall not fail to comply in every respect with the direction therein contained.
Penalty: $500 for every day during which such works or structure or any part thereof is allowed to remain after the expiration of the time specified as aforesaid.
A notice may be given as aforesaid and proceedings may be taken upon a failure to comply with the direction thereby given whether proceedings are taken for a contravention of paragraph (a) of this subsection or not.
Moreover, upon a failure to comply with the direction given by a notice as aforesaid and without prejudice to any proceedings that may be taken upon such failure, or where such a notice is not given, the Authority may take all such steps and do all such things as it deems necessary for the abatement and removal of the works or structure commenced or constructed or placed contrary to the provisions of paragraph (a) of this subsection and have the site restored to its former
condition as nearly as practicable, and may recover all costs and expenses incurred by it in the exercise of these powers from the person w40 commenced or constructed or placed the works or structure by action as for a debt in any court of competent jurisdiction.
As amended by Act of 1982, No. 14, s. 62.
1~. Restriction on works affecting Waterways or navigation. (1) The following provisions shall have effect with respect to harbour works or other works or any pile or other structure of any kind commenced, yonstructed, or placed by any person in, on, over, through, or across any foreshore of or any land lying under the Waterways (including any
navigable river)-
(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
8 s. 16 GOLD COAST WATERWAYS AUTHORITY ACT 1979-1982
deviation (if any) to be allowed, and the mode in which it is proposed the same shall be carried out and shall pay to the Authority such fee as is provided for in the by-laws of the Authority;
(b) if the proposed work complies with the regulations that apply with respect to the work (if any) and with the by-laws of the Authority that apply with respect to the work (if any), the Authority may approve the deposited plan, with or without modification or addition, and may subject such approval of' the proposed work to any restrictions or conditions it deems necessary whether for the preservation of any public right or otherwise;
(c) the work as so approved shall not be altered or extended without the like approval, but any such approval shall not confer on a person any right to construct or alter or extend any work which independently thereof he would not have had;
(d) if a person in relation to the work acts in any respect in contravention of any of the provisions of this section, or of any provisions of the Harbours Act 1955-1978 applicable to the work other than those contained in sections 86 to 90, both inclusive, thereof or of any restriction or condition subject to which approval of the work is granted, or does not construct the work in accordance with the deposited plan as approved, the Authority may, with or without notice of its , intention so to do, take all such steps and do all such things, including the employment of all such persons, as it deems necessary to abate and remove the work or any part of it and restore the site thereof to its former condition as nearly as practicable and may recover all costs and expenses incurred by it in the exercise of these powers from that person by action as for a debt in any court of competent jurisdiction;
(e) subject to this Act, no person who, with and in accordance with such approval as aforesaid, commences, constructs, places, or alters or extends any harbour works or other works or any such pile or other structure shall be liable to action or indictment or process of law for nuisance, encroachment, or obstruction, or other like cause on account thereof.
(2) A member of the Authority and all persons authorized in that behalf by the Authority either generally or in the particular case shall at aU times have the right of entry to or upon and to inspect all harbour works and other works and all piles and other structures that are commenced, constructed, placed, or situated in, on, over, through,
~r across any foreshore of or any land lying under the Waterways (mcluding any navigable river), whether the foreshore or land is alienated
O'f held from the Crown or not.
As amended by Act of 1983, No. 14, s. 63.
GOLD COAST WATERWAYS AUTHORITY ACT 1979-1982 ss. 17. 18 17. Works to be lighted. (1) Every person who is constructing any work in, on, over, through, or across any foreshore of or any land lying under the Waterways (including any navigable river) whether the foreshore or land is alienated or held from the Crown or not:
shall, at his own expense, during the whole of the time during which that work is being constructed, maintain, exhibit, and keep burning every night from sunset to sunrise on or near the work such lights (if any) as the Authority requires or approves for the time being; and shall also on or near that work, when completed, always maintain, exhibit, and keep burning every night from sunset to sunrise such lights (if any) for the guidance of vessels as the Authority requires or approves for the time being.
For the purposes of this section the Authority may from time to time approve or require the maintenance and exhibition of such lights on or near any work as to it appears necessary or desirable.
If any person commits any breach of this subsection he commits an offence against this Act and shall be liable, for each night on which the breach occurs, to a penalty not exceeding $200.
(2) The provisions of this section shall not derogate from the provisions of sections 60 and 61 of the Harbours Act 1955-1978.
As amended by Act of 1982, No. 14, s. 64.
9
18. Powers of Authority in respect of works. (1) On and from the appointed day the provisions of section 89 of the Harbours Acts 1955-1978 shall no longer apply to any harbour works, structure or other work whatsoever that for private use was constructed or placed in, on, over, through, or across any foreshore of or any land lying under the Waterways (including any navigable river) prior to that day.
(lA) On and from the date of commencement of the Harbours Act and Other Acts Amendment Act 1982 the provisions of section 89 of the Harbours Act 1955-1982 shall no longer apply to any harbour works, structure, or other work whatsoever that was constructed or placed in, on, over, through, or across any foreshore of or any land lying under the Waterways (including any navigable river) other than for private use prior to that date.
(2) If, in the Authority's opinion, any harbour works, structure, or other work whatsoever that is constructed or placed, whether prior or subsequent to th,e appointed day, in, on, over, through, or across any foreshore of or any land lying under the Waterways (including any navigable river), whether the foreshore or land is alienated or held from the Crown or not, requires repairing or is abandoned, or for any reason whatsoever requires to be removed, the Authority may by notice given in writing direct the owner or occupier or other person responsible therefor or for the maintenance thereof to repair it to the Authority's satisfaction or, according to the notice, to abate and remove the same and restore the site thereof to its former condition as nearly as practicable, within such time as the Authority may specify in the notice.
The person to whom such notice is under this subsection given shall not fail to comply in every respect with the direction therein contained:
16399-B
10 ss. 19, 20 GOLD COAST WATERWAYS AUTHORfIY ACT 1979-1982
Upon a failure to comply with the direction given by a notice as aforesaid and without prejudice to any proceedings which may be taken upon such failure, or where, the Authority deeming fit, such a notice is not given, the Authority may take aU such steps and do all such things as it deems necessary for the repair of the same or for the abatement and removal of the works or structure and the restoration of the site thereof to its former condition as nearly as practicable, and may recover all costs and expenses incurred by it in the exercise of these powers from-
(a) the owner or occupier or other person responsible for, or for the maintenance of, the works or structure at the time of giving of a direction by notice as aforesaid for the repair ofthe same or, as the case may be, for the abatement and removal of the works
OI:
structure;(b) the owner or occupier or other person responsible for, or fot the maintenance of, the works or structure at the time of the repair of the same, or, as the case may be, the abatement and removal of the works or structure, by the Authority; and (c) the person who at any time subsequent to the repair thereof by
the Authority becomes the owner or occupier or other person responsible for, or for the maintenance of, the works or structure,
or from any of them by action as for a debt in any court of competent jurisdiction but so that the Authority shall not be entitled by virtue hereof to recover more than the full amount of any such costs and expenses.
(3) If in the construction of any harbour works, structure, or other work whatsoever for private use approved under this Act by the Authority, any deviation is made from the plan approved by the Authority, and the person concerned after notice in that behalf, fails to adhere to the plan as so approved the Authority may take aU such steps and do all such things as it deems necessary for the abatement and removal of the work or any part of it in respect whereof the deviation has occurred and have the site thereof restored to its former condition as nearly as practicable, and may recover all costs and expenses incurred by it in the exercise of these powers from that person by action as for a debt in any court of competent jurisdiction.
As amended by Act of 1982, No. 14, s. 65.
19. Authority may employ engineers, etc., to abate works. Where the Authority is empowered or authorized by this Act to repair or maintain
Of abate or remove, or to take any steps or to do any things which involve the repairing or maintaining or abating or removal of, any work for private use, it may employ aU such engineers, contractors, servants, labourers, and other persons as may be necessary for that purpose.
20. Buoy mooring not to be cast on bed of Waterways. (1) On and from the appointed day the provisions of section 198 of the Queensland Marine Act 1958-1979 shall not apply to any buoy mooring that for private use is cast, placed or left in, upon, on, over, through or across any portion of the bottom or bed of the Waterways after that day.
GOLD COAST WATERWAYS AUTHORITY ACT 1979-1982 s.20 11
(IA) On and from the date of commencement of the Harbours Act and Other Acts Amendment Act 1982 the provisions of section 198 of the Queensland Marine Act 1958-1981 shall not apply to any buoy mooring cast, placed or left in, upon, on, over, through or across any portion of the bottom or bed of the Waterways other than for private use after
that date. .
(2) A person shall not cast, place or leave or cause to be cast, placed or left any buoy mooring of whatever kind or description in, upon, on, over, through or across any portion of the bottom or bed of the Waterways without the approval of the Authority first had and obtained. A person seeking such an approval shall pay to the Authority the prescribed fee.
Penalty: $2 000.
(3) If any buoy mooring is so cast, placed or left or caused to be cast, placed or left in contravention of subsection (2), the Authority may, by notice given in writing, direct the person so casting, placing or leaving or causing to be cast, placed or left the buoy mooring to abate and remove the same and restore the site thereof to its former condition as nearly as practicable within such time as the Authority may specify in the notice.
The person to whom such notice is under this subsection given shall.
not fail in any respect to comply with the direction therein contained.
Penalty: $100.
A notice may be given under this subsection and proceedings may be taken upon a failure to comply with the direction contained in the notice whether or not proceedings are taken for a ~ontravention of subsection (2).
Upon a failure to comply with the direction given by a notice and without prejudice to any proceedings which may be taken upon that failure, or where a notice is not given, the Authority may take all the steps and do all the things that it deems necessary for the removal of the buoy mooring cast, placed, or left or caused to be cast, placed or left contrary to the provisions of subsection (2) and for the restoration of the site thereof to its former condition as nearly as practicable, and may recover all costs and expenses incurred by it in the exercise of those powers from the person who cast, placed, or left or caused to be cast, placed or left that buoy mooring by action as for a debt in any court of competent jurisdiction.
If the person referred to in this subsection is unknown or cannot be readily found, the Authority may remove the buoy mooring, and may dispose of it by sale or otherwise.
(3A) Where a buoy mooring is in the opinion of the Authority liable to impede or restrict navigation, development, or access to any property, or where for other good cause shown the Authority considers that a buoy mooring should be removed, the Authority may by notice given in writing under the hand of the manager, direct any person who has cast, placed, or left, or caused to be cast, placed or left a buoy mooring or any person to whom a buoy mooring has been transferred to remove the same and restore the site of the mooring to its former condition as
12 s. 21 GOLD COAST WATERWAYS AUTHORITY ACT 1979-1982 nearly as practicable within such time as the Authority may specify in the notice, notwithstanding that the approval of the Authority has been obtained or deemed to have been obtained pursuant to this section.
(3B) Where a person fails to comply with a direction made pursuant t.o ~ubsection (3A) or where the person is unknown or cannot be readily found the Authority may remove the buoy mooring, and may dispose of it by sale or otherwise.
(3c) Where a buoy mooring is sold or transferred to another person, the person selling or transferring the mooring shall not fail to adviSe the Authority in writing of the transaction within 28 days of the sale or transfer, giving the name and address of the person to whom the buoy mooring has been sold or transferred.
Penalty: $500.
(4) Every buoy mooring of whatever kind or description that, for private use, was-
(a) with the approval of The Marine Board of Queensland, cast~
placed or left in, upon, on, over, through or across any portion of the bottom or bed of the Waterways;
(b) cast, placed or left in, upon, on, over, through or across any portion of the bottom or bed of that part of the Waterways comprising the Southport Boat Harbour (being the area as shown delineated on plan H109 held at the office of the Department of Harbours and Marine, Brisbane),
and existing at the appointed day shall be deemed to have been so cast, placed or left with the approval of the Authority duly given pursuant
to this section.
(5) Every buoy mooring of whatever kind or description that, other than for private use, was-
(a) with the approval of the Marine Board of Queensland, cast;
placed or left in, upon, on, over, through or across any portion of the bottom or bed of the Waterways;
(b) cast, placed or left in, upon, on, over, through or across any portion of the bottom or bed of that part of the Waterways comprising the Southport Boat Harbour (being the area as shown delineated on plan H109 held at the office of the Department of Harbours and Marine, Brisbane),
and existing at the date specified in subsection (lA) shall be deemed to have been so cast, placed or left with the approval of the Authority duly given pursuant to this section.
As amended by Act of 1982, No. 14, s. 66.
21. General Powers etc. of Authority. (1) In respect of the Waterways the Authority-
(a) subject to this Act, shall have the powers, authorities, functions;
duties and obligations of a Harbour Board conferred, imposed or provided for by the Harbours Act 1955-1978 or by any other Act, save such as are conferred, imposed or provided for, on or in respect of a particular Harbour Board; and
GOLD COAST WATERWAYS AUTHORITY ACT 1979-1982 s. 2lA 13
(b) shall have the powers, authorities, functions, duties and obligations conferred, imposed, or provided for by this Act.
(2) The Authority may do and cause to be done aU such acts and things as are incidental to or necessary for the proper exercise or discharge of its powers, authorities, functions, duties and obligations.
(3) The Authority may as it thinks fit-
(a) appoint committees, either for general or special purposes;
(b) delegate to a committee power to hold any inquiry specified in the instrument of delegation or refer to a committee any matter of concern to the Authority on such terms of reference as the Authority determines and in either case require the committee to report on its findings to the Authority.
Such a committee may be comprised of such persons, whether members of the Authority or not, as the Authority thinks appropriate for the proper discharge of the committee's function and the members of a committee shall be paid such fees and allowances and expenses necessarily incurred in the discharge of their duties as the Authority approves.
(4) The Authority may exercise and discharge any power, authority, function, duty and obligation had by it under this Act in respect of its land, premises or works situated or to be situated at any place, whether within or outside the limits of the Waterways and whether in proximity to such limits or not, if in the Authority'S opinion such exercise or discharge is in connexion with the management, control or use of the Waterways.
21A. Additional power of Authority with respect to land. (1) The Authority, when authorized so to do by the Governor in Council by Order in Council made in accordance with section 91 of the Harbours Act 1955-1980, may reclaim from the Waterways land lying below high water mark for the purpose of rendering such land fit for harbour, manufacturing, industrial, residential, business purposes, and any other purposes specified in the Order in Council that authorizes the reclamation, or for any of such purposes.
A reclamation may be carried out under this subsection whethef or not the same is carried out in conjunction with a scheme for the improvement or maintenance of the Waterways.
(2) Land reclaimed by the Authority under subsection (1) shaH be dealt with by the Governor in Council in accordance with section 94 of the Harbours Act 1955-1980.
(3) Land reclaimed by the Authority shall become and be part of the Area of the Local Authority whose Area abuts on the land reclaimed and if in any case more than one such Area so abuts or no such Area so abuts the reclaimed land shall become and be part of such Area, or shall be apportioned between or among such Areas, as the Governor in Council by Order in Council directs.
. (4) Without prejudice to any other power conferred on the Authority by this Act or the Harbours Act 1955-1980 to acquire land or any interest in land, the Authority may acquire by purchase, lease, or otherwise
14 s. 22 GOLD COAST WATERWAYS AUTHORITY ACf 1979-1982
by agreement land or any interest in land, whether above or below high water mark, for the purpose of including that land together with other land in a scheme for reclaiming and rendering fit that other land for the purposes referred to in subsection (1), or any of t4em.
Nothing in this subsection or in any other provision of this Act
sha~l be construed to authorize the Authority to take land or any interest in land otherwise than by agreement for the purpose specified in the preceding paragraph.
The power to acquire an interest in land conferred by this subsection includes power to acquire for the purposes aforesaid an easement in or over land whether or not the easement is to be acquired for the benefit of other land as a dominant tenement and includes power to acquire for the purposes aforesaid any right in respect of any land.
(5) If the acquisition of particular land by the Authority from any owner will result in the severance of that land from other land of the owner that, immediately before the acquisition, is being used with the land to be acquired, then, subject to the Minister's approval being first had and obtained, the Authority may acquire in manner prescribed by subsection (4) the whole or any part of that other land.
The acquisition. of such other land or part thereof shall be deemed to be for a purpose incidental to the purpose for which the particular land (first-mentioned in this subsection) is to be acquired.
(6) Where additional1and acquired by the Authority under subsection (5) or any part of such additional land is not required by the Authority the land that is not so required may be sold or otherwise dealt with ,by the Authority as it thinks fit, without restriction imposed by any other Act.
(7) If land or an interest in land sought to be acquired by the Authority is to be applied to any purpose in conjunction with land to. be reclaimed by the Authority it shall be competent to the Authority to acquire such land or interest before the Governor in Council authorizes the Authority to carry out the reclamation.
(8) The Authority may do all things necessary to develop land reclaimed or acquired by it under this section and if, to that end, it seeks to open any new road or subdivide any land it shall comply with section 34 of the Local Government Act 1936-1980 and with the Canals Act 1958-1979.
Inserted by Act of 1980, No. 44, s. 4.
22. Application and construction of Harbours Act and other statutory provisions. (1) Subject to this Act, the provisions of the Harbours Act 1955-1978 or of any other Act that confer or impose powers, authorities, functions, duties or obligations on Harbour Boards generally shall apply so as to confer or impose the same on the Authority.
(2) Subject to this Act, the provisions of the Harbours Act 1955-1978 or of any other Act that-
(a) regulate the conduct of operations by Harbour Boards generally;
or
GOLD COAST WATERWAYS AUTHORITY ACT 1979-1982 s. 23 15
(b) apply to officers and employees of Harbour Boards in the performance of their duties,
shall apply in respect of the conduct of operations of the Authority and to officers and employees of the Authority and other persons performing work on behalf of the Authority in the performance of their duties.
For the purpose of applying the provisions of the Harbours Act 1955-1978 or of any other Act in respect of the conduct of operations of the Authority or the appointment, employment or suspension from office ..
or employment of officers or employees of the Authority the Chairman of the Authority shall have and may exercise all the powers and shall be subject to all the obligations of a Chairman of a Harbour Board.
(3) A provision of the Harbours Act 1955-1978 that in respect of the·
matter for which it provides is not confined in its application to one or more particular harbours or Harbour Boards shall be taken to continue to provide for that matter in relation to the Waterways and to the Authority and to the members thereof unless and until other provision is made for·
that matter by or under this Act.
(4) For the purpose of applying any provision of the Harbours Act 1955-1978 or of any other Act in accordance with the provisions of this Act a reference in that provision to a Harbour Board or to a Board shall be construed as including the Authority.
23. Power of delegation. (1) The Authority 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 emploYj;;e of the Authority all or any of its powers, authorities, functions and duties
except this power of delegation.
The Authority 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.
(2) A delegation may be made subject to such terms or limitations as the Authority 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.
(3) 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.
(4) 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 Authority;
(b) the exercise by the Authority 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.
(5) A delegation is revocable at the will of the Authority.
16 ss. 24·~7 GOLD COAST WATERWAYS AUTHORITYACf 1979-1982
PART III-FINANCIAL PROVISIONS
Division I-Funds of Authority
24. Funds to be maintained. The Authority shall establish and at all times maintain in accordance with this Act the following funds:- .
( a) a General Fund;
(b) a Trust Fund; and (c) a Loan Fund.
The funds shall be kept separate and distinct and a separate bank account shall be kept for each fund.
25. General Fund. (I) The Authority shall payor cause to be paid
into the General Fund all moneys arising from- .
. (a) mooring fees;
(b) plant hire;
(c) rentals;
(d) licence and permit fees;
(e) sales of sand or other materials; and
(f) any source when such moneys are not required by this Act to be paid into any other fund.
(2) Moneys from time to time fo rming the General Fund shall be applied to-
(a) expenditure necessarily incurred by the Authority in the exercise, performance and discharge of its powers, authorities, functions, duties and obligations save where this Act expressly provides that such expenditure should be charged to any other fund kept by the Authority;
(b) payment in accordance with the regulations of moneys to a prescribed fund kept pursuant to section 28.
26. Trost Fund. (1) The Authority shall payor cause to be paid into the Trust Fund all moneys paid to the Authority by way of deposit or in trust for any person and all moneys held by it that are unclaimed moneys.
(2) Moneys from time to time forming the Trust Fund shall be applied-
(a) in the case of moneys received by way of deposit according to the terms on which the deposit is held;
(b) in the case of moneys held in trust for any person, to the payment to or for the benefit of that person;
(c) in the case of unclaimed moneys, in disposing of those moneys according to law.
27. Loan Fund. There shall be paid into the Loan Fund all moneys paid t? the Authority for the purposes of carrying out capital works, Includmg moneys received by way of loan or subsidy for the purposes of this Act.
GOLD COAST WATERWAYS AUTHORITY ACf 1979-1982 ss. 28-30 17
Except with the approval of the Minister in writing who may approve the interim use of the Loan Fund for any purpose consistent with this Act, the Loan Fund shall be applied to expenditure necessarily incurred in carrying out the works or purposes in respect of which the loan liability was incurred or, as the case may be the subsidies or other moneys were received.
Substituted by Act of 1982, No. 14, s. 67.
28. Other prescribed funds. The Governor in Council may. by regulation made under this Act, prescribe one or more other funds to be established and kept by the Authority and the purposes for which such funds are to be applied.
The Authority shall establish and maintain all such funds as are so prescribed and shall cause the moneys for the time being forming such a fund to be applied to the purpose prescribed in respect of that fund.
The funds shall be separate and distinct and the manner of banking thereof shall be as prescribed.
29. Investment of funds. (1) The Authority may invest moneys which are surplus in any fund kept by it in one or more of the following investments : -
(a) deposit at a bank;
(b) securities of or guaranteed by the Government of the Commonwealth or of the State;
(c) with an authorized and approved dealer; or
(d) other securities approved by the Governor in Council by Order in Council on the recommendation of the Treasurer.
Every such security, safe custody acknowledgement or other document evidencing title issued in respect of any investment shall be held either by the Authority or to its account by its bank.
(2) For the purposes of this section the expression .' authorized and approved dealer H means a person who-
(a) is an authorized dealer in the short term money market with established lines of credit with the Reserve Bank of Australia as a lender oflast resort; and
(b) is approved by the Governor in Council by Order in Council.
Division 2-Budgets
30. Budget of Authority. (1) As soon as practicable after the appointed day the Authority shall frame, adopt and present to the Minister a budget in respect of each fund maintained by it showing its estimates of its receipts and disbursements in respect of the balance of the financial year in which the budget is presented and thereafter the Authority shall before 31 August of each succeeding financial year or such later date as the Minister (who is thereunto authorized) may on the application of the Authority permit, frame, adopt and present to the Minister a budget in respect of each fund maintained by it showing its estimates of its receipts and disbursements in respect of that succeeding financial year.
18 s. 31 GOLD COAST WATERWAYS AUTHORITY ACT 1979'-1982
(2) In framing the budget for each of its funds the Authority shall estimate in respect of the financial year for which the budget is being framed and shall therein show-
(a) the amounts to be disbursed upon the several works, matters and things to which the fund is applicable; and
(b) the amounts expected to be received from the several sources of income and other moneys of the Authority which income or other moneys are required by this Act to be paid to the fund.
(3) In any budget-
(a) the estimates of receipts shall be set out, as nearly as may be, separately in accordance with the several sources of receipts required by this section to be shown in the budget;
(b) the estimates of disbursements required by this section to be shown in the budget shall be set out, as nearly as may be, in accordance with each power, authority, function~ duty or obligation of the Authority;
(c) the estimates of receipts and disbursements that relate to common powers, authorities, functions, duties or obligations shall be set out, as nearly as may be, opposite each other.
(4) Each budget shall show-
(a) estimates of receipts and disbursements adopted for the financial year previous to that for which the budget is framed;
and
(b) actual receipts and disbursements for the financial year previous to that for which the budget is framed.
(5) A budget of the Authority shall be of no force or effect until it is approved by the Minister.
(6) The Minister may amend a budget of the Authority in such a way as he thinks fit.
(7) When the Minister has approved of a budget of the Authority the budget as approved~ whether or not it has been amended pursuant to subsection (6), shall be binding upon the Authority.
31. Observance of budget. (1) Subject to subsection (2), the Authority shall confine its disbursements throughout a financial year within the items and amounts contained in its budget for that financial year as approved by the Minister.
(2) If during any financial year it appears to the Authority that an extraordinary circumstance has arisen which requires the Authority to make a disbursement in that financial year that was not provided for in the budget (as approved) for that financial year or that exceeds the amount estimated in respect of that disbursement in the budge~ (as approved) for that financial year the Authority shall, before making the disbursement or excess disbursement-
(a) by resolution, approve that the disbursement or excess disbursement be made; and
GOLD COAST WATERWAYS AUTHORITY ACT 1979-1982 ss. 32, 33 19
(b) obtain the approval of the Minister for an amendment to tl;le budget.
(3) The Authority shall ensure that the budget as amended and approved will not then be exceeded in particular or in total by· the disbursement or excess disbursement referred to in subsection (2).
(4) If the Authority makes a disbursement in any financial year from any of its funds that has not been provided for in the approved budget relating to that fund for that financial year, then except where the disbursement has been made in emergent or extraordinary circumstancesj the members of the Authority who knowingly voted for such expenditure shall be jointly and severally liable to repay to the Authority the amount of the disbursement and such amount may be recovered by action in,a court of competent jurisdiction as a debt due and owing by all and each of such members to the Authority.
32. Treatment of ordinary expenditure, smplus and deficit. (1) Any disbursement of the Authority in any financial year prior to the adoption of the budget framed for that financial year is authorized and shall be shown as a disbursement in the budget framed for that financial year.
(2) If at the close of any financial year for which a budget is framed there is a surplus or deficit the same shall be carried -forward and taken into account in framing the budget for the next following financial year.
(3) At the close of each financial year for which a budget is framed iill authorizations of expenditure and votes of money for any item provided for in the budget so framed shall lapse but may be reaauthorizedor re .. voted, as the case may be.
Division 3-Borrowing of Authority
33. Power to borrow, etc. (1) Subject to this Act, the Authority may borrow or raise money or make financial arrangements-
(a) from or as the case may be, with the Treasurer;
(b) by the sale of debentures, bonds or inscribed stock;
(c) in such other way as is approved by the Treasurer;
(d) partly in one way and partly in another way or other ways specified in provision (a) or (b) or approved pursuant td
provision (c).
(2) Before entering into negotiations to borrow or raise money or make financial arrangements pursuant to subsection (1) the Authority shall obtain the sanction of the Treasurer authorizing it to enter upon those negotiations and for that purpose shall furnish to the Treasurer such information as he requires.
(3) The Authority shall not borrow or raise money or make financial arrangements pursuant to negotiations sanctioned by the Treasurer unless the authority of the Governor in Council to do so is first obtained.
Such authority, if given, shall be by way of Order in Council upon such terms and conditions as the Governor in Council thinks fit.
10 liS. 34·37 GOLD COAST WATERWAYS AUTHORITY ACT 197!J-1982
34. Resolution before borrowing, etc. Before proceeding to borrow or raise money or make financial arrangements the Authority shaH, at a special meeting called for the purpose, pass a resolution to that effect.
35. Allthority may give security. The Authority, with the approval of the Governor in Council, may create such encumbrances UP;)\! a:Jd over its property and revenues and execute in respect thereof such securities as it thinks fit.
36. Application of loan moneys. (1) All moneys borrowed or raised by the Authority shall be expended for the purpose for which it was authorized to borrow or raise the same and not otherwise save with the Treasurer's direction given pursuant to subsection (2).
(2) If any amount of moneys borrowed or raised remains unexpended upon the completion of the purpose for which the moneys were borrowed or raised such amount shall be applied as the Treasurer directs.
37. Repayment of Treasury loans. (1) Every loan advanced by the Treasurer to the Authority shall be liquidated by the payment to the Treasurer by the Authority on the first day of January and of July in each year of such instalments of principal and interest at the agreed rate as will permit the loan to be wholly redeemed within the period of the loan and such instalments shall continue to be payable until all moneys advanced from time to time by the Treasurer by way of that loan together with the interest accrued thereon have been so paid,
The Treasurer may at any time make any adjustment that he considers necessary to be made with respect to the period of any loan or the calculation of interest thereon or with respect to any other matter connected with the loan that in his opinion requires adjustment.
(2) When and so often as all or part of moneys from time to time due and payable by the Authority to the Treasurer in respect of a loan advanced by the Treasurer to the Authority remains unpaid after the expiration of three months from the date when such moneys or part are due and payable, or if the Treasurer pays any money under a guarantee given by him in relation to moneys borrowed by the Authority under the authority of this Act, the Treasurer may, by notification in the Gazette, appoint a receiver to collect on his behalf to pay to the Treasury all or any moneys from time to time due and owing to the Authority to the amount stated in such notification.
(3) The Treasurer may from time to time make all such orders and give all such directions with respect to the powers and duties of the' receiver and the management by him of the business of the Authority as he thinks fit and judicial notice shall be taken of all such orders and directions.
(4) On and from the date specified in the notification of his appointment the receiver shall be the only person legally entitled to receive, the revenues of the Authority and it shall be deemed to that extent and for
GOLD COAST WATERWAYS AUTIlORITY ACf 1979-1982 s. 38 21
that purpose that he is an accountable officer within the meaning of the Financial Administration and Audit Act 1977-1978 and that the Authority is his department.
(5) A receiver may be appointed under this section either in respect of the general revenue of the Authority or in respect of specified revenue.
38. Debentures, bonds and stock. (1) All debentures, bonds and inscribed stock issued under the authority of this Act-
(a) shall, subject to this Act, be issued in such series or sold in such arp.ounts or parcels at such times and places in or outside the State and in such manner as the Authority thinks fit;
(b) shall, with interest thereon, be a charge on the revenues of the Authority subject to any prior debentures, bonds or stock issued by the Board according to law;
(c) shall bear interest at the rate and be redeemable at such date or dates and at such place or places in or outside the State as prescribed in the Order in Council referred to in section 33 (3) made in respect of the loan to which the debentures, bonds or stock relate;
(d) may, in the case of debentures and bonds with the consent of the holder or in the case of inscribed stock with the consent of the registered owner, be paid off at any time before the due date for payment at not more than the amount of the principal remaining unpaid at the time or, with the consent of the Governor in Council, at a premium with interest thereon to the date of payment only.
(2) Interest secured by debentures, bonds or inscribed stock shaH be payable at such times and at such place or places in or outside the State as prescribed in the Order in Council referred to in section 33 (3) made in respect of the loan to which any such debenture, bond or stock relates.
(3) Every debenture issued under the authority of this Act-
(a) shall be sealed with the seal of the Authority and signed by the Chairman and the Manager and when so sealed and signed shall be taken to have been duly issued;
(b) shall be numbered consecutively so that no two debentures in one and the same series shall at any time bear the same number;
(c) shall have set forth therein the places and times at which the principal and interest are payable.
(4) When a debenture issued under the authority of this Act is not transferable by delivery that fact shall be expressly stated on its face.
(5) In the case of a debenture issued under the authority of thiS' Act with coupons the holder of such a coupon, whether the same be separate from the debenture or not, shall be entitled to receive payment from the Authority of the sum named therein upon presentation on or after the due date for payment at the place where the same is expressed to be made payable.
22 ss. 39, 40 GOLD COAST WATERWAYS AUTHORITY ACT 1979-1982
(6) In the case of a debenture issued under the authority of this Act without coupons the lender or in the event of a transfer of such debenture the transferee for the time being shall, subject to this subsection, be entitled to receive payment from the Authority in respect of principal and interest in accordance with the terms and conditions of such debenture.
A transferee in respect of whom the Authority has not been given notice as prescribed shall not be entitled to receive and the Authority shall not be liable to make to such a transferee any payment in respect of a debenture issued without coupons except under attachment by process of law and then only to the extent of moneys due and payable to such transferee under the debenture and unpaid by the Authority to the lender or a prior transferee.
The entitlement of a transferee in respect of whom the Authority has been given notice as prescribed to receive payment in respect of a debenture issued without coupons shall be subject to any payment which, having become due and payable under such debenture before the Authority was given such notice, was made by it to the lender or a prior transferee.
In this subsection the expression "notice as prescribed" means a notice in writing signed by the transferor and transferee and verified to the satisfaction of the Authority.
39. Remedies. (1) If the Authority makes default in making a payment whether of principal or interest to a person under any borrowing, raising or financial arrangement made pursuant to section 33-
(a) the person may make application to and procure all necessary orders and directions from the Supreme Court for the appointment of a receiver and such court shall have jurisdiction to make all such orders for the appointment of a receiver and for his removal and the appointment of another in his place as may be necessary and to make any orders and give any directions which such court considers proper; or
(b) the person to whom such payment should have been made may recover the amount in respect of which default has been made as a debt by action against the Authority in a court of competent jurisdiction.
(2) A recdver appointed under subsection (1) shall be deemed to be an officer of the court and shall act under its direction and may be appointed in respect of the general revenue of the Authority or in respect of specified revenue.
40. Powers and duties of receiver. (1) A receiver appointed by the Treasurer or the Supreme Court may collect all the revenue payable to the Authority in respect of which revenue he was appointed receiver and for the purpose of enforcing his right to such revenue he shall be deemed to be the Authority and may exercise all of its powers.
(2) A receiver shall pay and apply all moneys received by him in the course of his receivership as follows:-
(a) firstly, in payment of the costs, charges and expenses of collection and of his remuneration;
GOLD COAST WATERWAYS AUTHORITY ACT 1979-1982 5S. 41·43 23 (b) secondly-
(i) if he was appointed by the Treasurer, in payment of the amount due and payable to the Treasurer including any money paid by the Treasurer under a guarantee given by the Treasurer in relation to moneys borrowed or raised or in relation to financial arrangements made by the Authority pursuant to section 33 together with interest on such amount at such rate as is specified by the Treasurer; or
(ii) if he was appointed by the Supreme Court upon the application of a person from whom or with whom the Authority has borrowed or raised money or made financial arrangements, in payment subject to any order of the court to such person or to such other persons generally in such order of priority or otherwise as the court thinks fit;
(c) thirdly, in payment of the residue of such moneys to the Authority.
41. Remuneration of receiver. (1) A receiver appointed by the Treasurer shall be entitled to such commission and remuneration for his services as the Treasurer orders.
(2) receiver appointed by the Supreme Court shall be entitled to such commission and remuneration as the court orders.
(3) The commission or remuneration of a receiver shall be payable out of the revenues of the Authority in respect of which he was appointed as receiver.
42. Brokerage. (1) The Authority may pay moneys by way of brokerage in relation to any borrowing or raising of money or the making of financial arrangements which the Governor in Council has authorized:
Provided that no money shall be paid by the Authority by way of brokerage unless the Treasurer of Queensland has approved of the payment of brokerage, which approval may be given by the Treasurer subject to such terms and conditions as he thinks fit.
(2) Section 14 of the Money Lenders Act 1916-1973 shall not apply or extend to brokerage which the Authority is authorized by this section to pay and which is agreed to be paid by the Authority subject to the terms and conditions (if any) imposed by the Treasurer.
43. (1) Loan to be authorized investment. Unless expressly forbidden by the instrument (if any) creating the trust, an investment by a trustee of trust funds in a loan raised under the authority of this Act shall be an authorized investment within the meaning of the Trusts Act 1973.
(2) Notice of trosts not to be received. The Authority or any agent of the Authority shall not receive and shall be deemed to have not received notice of any trust express, implied or constructive in relation
