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Queensland Transport Infrastructure and Other Legislation Amendment Bill 2005
Queensland Transport Infrastructure and Other Legislation Amendment Bill 2005 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Part 2 Amendment of Maritime Safety Queensland Act 2002 3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4 Amendment of s 8 (Functions and powers of MSQ). . . . . . . . . . . 6 Part 3 Amendment of Transport Infrastructure Act 1994 5 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 6 Amendment of s 188 (Power to stop rolling stock or vehicle that may be entered or opened) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 7 Amendment of ch 8 hdg (Port infrastructure) . . . . . . . . . . . . . . . . 7 8 Amendment of s 267 (Definitions for chapter) . . . . . . . . . . . . . . . 7 9 Insertion of new s 267A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 267A Meaning of port facilities. . . . . . . . . . . . . . . . . . . . . . . 8 10 Amendment of s 275 (Functions of port authorities) . . . . . . . . . . 8 11 Replacement of ss 279-283. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Part 3A Liability for, and recovery of, charges and expenses 279 Port authority may impose a charge. . . . . . . . . . . . . . 9 280 Liability for a charge in relation to a ship . . . . . . . . . . 9 281 Liability for a charge in relation to an aircraft . . . . . . . 9 281A Liability for a charge in relation to goods . . . . . . . . . . 10 281B Liability for a charge in relation to passengers . . . . . . 10 281C Payment of a charge and interest on an unpaid charge .............................. 11 281D Liability for movement of ships, aircraft, vehicles, goods or rolling stock . . . . . . . . . . . . . . . . . . . . . . . . . 11
2 Transport Infrastructure and Other Legislation Amendment Bill 2005 281E Liability for damage to port authority's port facilities. . 12 281F Security for payment of charges and potential liabilities .............................. 13 Part 3B Control of activities at ports Division 1 Port notices 282 Port authority may control activities by port notice . . . 14 282A Port notice--movement or mooring of, or activities on or by, ships . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 282B Port notice--aircraft parking. . . . . . . . . . . . . . . . . . . . 15 282C Port notice--movement, handling or storage of goods ............................... 15 282D Port notice--movement of persons . . . . . . . . . . . . . . 15 282E Port notice--parking or stopping of vehicles . . . . . . . 16 282F Port notice--movement, stopping or parking of rolling stock ............................. 16 282G Display or publication of port notices . . . . . . . . . . . . . 16 282H Port notice may refer to documents held by port authority ............................... 17 282I Port notices generally . . . . . . . . . . . . . . . . . . . . . . . . . 18 282J Offence of not complying with a port notice . . . . . . . . 19 Division 2 Authorised officers 282K Appointment and qualifications of authorised officers ............................. 19 282L Appointment conditions and limit on powers . . . . . . . 20 282M Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . 20 282N Production or display of identity card . . . . . . . . . . . . . 20 282O When authorised officer ceases to hold office . . . . . . 21 282P Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . 21 Division 3 Directions 282Q Authorised officer may give directions . . . . . . . . . . . . 21 282R If a person does not comply with a direction . . . . . . . 23 282S Offence of not complying with a direction. . . . . . . . . . 24 Division 4 Moving contravening property 282T Moving contravening property . . . . . . . . . . . . . . . . . . 24 Division 5 Other powers and offences 283 Power to require name and address . . . . . . . . . . . . . 26 283A Inspection of documents . . . . . . . . . . . . . . . . . . . . . . 27
3 Transport Infrastructure and Other Legislation Amendment Bill 2005 283B Inspection of ships, aircraft, vehicles, rolling stock and goods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 283C Obstructing authorised officer . . . . . . . . . . . . . . . . . . 28 283D False or misleading statement . . . . . . . . . . . . . . . . . . 28 283E False or misleading document . . . . . . . . . . . . . . . . . . 28 283F Impersonating an authorised officer . . . . . . . . . . . . . . 29 283G Conduct causing public nuisance . . . . . . . . . . . . . . . . 29 283H Interfering with port notices . . . . . . . . . . . . . . . . . . . . 29 12 Replacement of ss 284 and 285. . . . . . . . . . . . . . . . . . . . . . . . . . 29 284 Definitions for div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 285 Land use plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 285A Statement of proposal for preparation of a land use plan or amendment of a plan . . . . . . . . . . . . . . . . . . . 31 285B Draft plan for preparation of a land use plan or amendment of a plan . . . . . . . . . . . . . . . . . . . . . . . . . 32 285C Consultation on statement of proposal or draft plan. . 33 285D Directions by Minister for amendment of draft plan . . 33 13 Amendment of s 286 (Approval of land use plans). . . . . . . . . . . . 33 14 Insertion of new ch 8, pts 4A and 4B . . . . . . . . . . . . . . . . . . . . . . 34 Part 4A Port approvals 289A Application of pt 4A . . . . . . . . . . . . . . . . . . . . . . . . . . 35 289B Definitions for pt 4A . . . . . . . . . . . . . . . . . . . . . . . . . . 35 289C Application for approval . . . . . . . . . . . . . . . . . . . . . . . 35 289D Port authority may grant approval, with or without conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 289E Change of conditions on an approval . . . . . . . . . . . . . 36 289F Decision by port authority in relation to approval . . . . 36 289G Review of and appeals against decisions. . . . . . . . . . 37 Part 4B Disposal of abandoned property 289H Definitions for pt 4B . . . . . . . . . . . . . . . . . . . . . . . . . . 38 289I Reasonable steps must be taken to find owner . . . . . 39 289J A person may claim property . . . . . . . . . . . . . . . . . . . 40 289K If property not claimed . . . . . . . . . . . . . . . . . . . . . . . . 40 289L Sale of perishable property . . . . . . . . . . . . . . . . . . . . 40 289M Proceeds from the sale of abandoned property . . . . . 40 289N Abandoned property of no value . . . . . . . . . . . . . . . . 41 15 Omission of s 293 (Payment of charges and interest on unpaid charges) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
4 Transport Infrastructure and Other Legislation Amendment Bill 2005 16 Insertion of new ch 18, pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Part 5 Transitional provisions for the Transport Infrastructure and Other Legislation Amendment Act 2005 532 Definitions for pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 533 Approvals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 534 Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 535 Land use plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 536 Detained property. . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 537 Notices in the form of official traffic signs . . . . . . . . . . 44 538 Things done under re-enacted provision . . . . . . . . . . 44 17 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 44 Part 4 Amendment of Transport Operations (Marine Safety) Act 1994 18 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 19 Amendment of s 3 (Objectives of this Act) . . . . . . . . . . . . . . . . . . 46 20 Amendment of s 29 (Achieving an appropriate balance between safety and cost) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 21 Amendment of s 197 (Proceedings for indictable offences) . . . . . 47 22 Amendment of s 218 (Other matters for regulations) . . . . . . . . . . 47
2005 A Bill for An Act to amend the Transport Infrastructure Act 1994, and for other purposes
s1 6 s4 Transport Infrastructure and Other Legislation Amendment Bill 2005 The Parliament of Queensland enacts-- 1 Part 1 Preliminary 2 Clause 1 Short title 3 This Act may be cited as the Transport Infrastructure and 4 Other Legislation Amendment Act 2005. 5 Clause 2 Commencement 6 Part 3 commences on a day to be fixed by proclamation. 7 Part 2 Amendment of Maritime Safety 8 Queensland Act 2002 9 Clause 3 Act amended in pt 2 10 This part amends the Maritime Safety Queensland Act 2002. 11 Clause 4 Amendment of s 8 (Functions and powers of MSQ) 12 Section 8(1)(a)-- 13 insert-- 14 `(ix) to monitor and manage the operation and activities 15 of ships in Queensland waters;'. 16
s5 7 s9 Transport Infrastructure and Other Legislation Amendment Bill 2005 Part 3 Amendment of Transport 1 Infrastructure Act 1994 2 Clause 5 Act amended in pt 3 3 This part amends the Transport Infrastructure Act 1994. 4 Clause 6 Amendment of s 188 (Power to stop rolling stock or 5 vehicle that may be entered or opened) 6 Section 188(6)-- 7 omit. 8 Clause 7 Amendment of ch 8 hdg (Port infrastructure) 9 Chapter 8, heading, after `infrastructure'-- 10 insert-- 11 `and other matters'. 12 Clause 8 Amendment of s 267 (Definitions for chapter) 13 Section 267-- 14 insert-- 15 `airport means the Cairns International Airport or the Mackay 16 Airport. 17 port area, of a port authority, means the area of its strategic 18 port land and port facilities, and within its port limits. 19 port facilities see section 267A. 20 requirement, of a port notice, includes a direction, instruction, 21 indication, condition or other provision contained in the port 22 notice.'. 23 Clause 9 Insertion of new s 267A 24 Chapter 8, part 1, after section 267-- 25 insert-- 26
s 10 8 s 10 Transport Infrastructure and Other Legislation Amendment Bill 2005 `267A Meaning of port facilities 1 `Port facilities, of a port authority, means the facilities or land 2 that are-- 3 (a) owned or controlled by a port authority; and 4 (b) used in the operation or strategic management of the 5 port authority's port. 6 7 Examples of port facilities-- 8 � wharf and port marine operational areas and shipping channels 9 within port limits 10 � marine and port structures 11 � ship building facilities and dry docks 12 � offshore structures used for shipping purposes 13 � wharf protection devices 14 � hydraulic structures 15 � bulk loading and unloading facilities 16 � boat harbours and boat ramps 17 � vehicle and railway ferry terminals, oil and liquid product terminals 18 and other terminals within the port area 19 � access roads and rail corridors 20 � car parking facilities 21 � an airport 22 � partially completed reclamation areas in areas designated as future 23 strategic port land 24 � partially completed port facilities'. Clause 10 Amendment of s 275 (Functions of port authorities) 25 Section 275-- 26 insert-- 27 `(3) If a function mentioned in subsection (1)(g) is conferred on a 28 port authority, the port authority must ensure a copy of a 29 document specifying the function is available during business 30 hours for inspection, or for purchase at a reasonable cost, at 31 the office of the port authority in, or nearest to, each port to 32 which it applies.'. 33
s 11 9 s 11 Transport Infrastructure and Other Legislation Amendment Bill 2005 Clause 11 Replacement of ss 279-283 1 Sections 279 to 283-- 2 omit, insert-- 3 `Part 3A Liability for, and recovery of, 4 charges and expenses 5 `279 Port authority may impose a charge 6 `(1) A port authority may impose a charge for the use of its port 7 area. 8 `(2) A charge may, for example, be imposed by reference to-- 9 (a) a ship or an aircraft using its port; or 10 (b) goods or passengers loaded, unloaded or transhipped to 11 or from a ship or an aircraft using port facilities in its 12 port. 13 `(3) This section does not limit the powers a port authority has 14 apart from this section. 15 `280 Liability for a charge in relation to a ship 16 `If a charge is payable in relation to a ship, the following 17 persons are jointly and severally liable for the charge-- 18 (a) the owner of the ship; 19 (b) the master of the ship; 20 (c) the agent of the ship's owner; 21 (d) another person who has accepted liability for the charge. 22 `281 Liability for a charge in relation to an aircraft 23 `If a charge is payable in relation to an aircraft, the following 24 persons are jointly and severally liable for the charge-- 25 (a) the owner of the aircraft; 26 (b) the licensee of the aircraft; 27 (c) the lessee of the aircraft; 28
s 11 10 s 11 Transport Infrastructure and Other Legislation Amendment Bill 2005 (d) the charterer of the aircraft; 1 (e) another person who has accepted liability for the charge. 2 `281A Liability for a charge in relation to goods 3 `If a charge is payable in relation to goods, the following 4 persons are jointly and severally liable for the charge-- 5 (a) the owner of the goods; 6 (b) the consignor and consignee of the goods; 7 (c) the agent for the sale or custody of the goods; 8 (d) the person entitled to possession of the goods; 9 (e) for goods transported by ship-- 10 (i) the owner of the ship; and 11 (ii) the master of the ship; 12 (f) for goods transported by aircraft-- 13 (i) the owner of the aircraft; and 14 (ii) the licensee of the aircraft; and 15 (iii) the lessee of the aircraft; and 16 (iv) the charterer of the aircraft; 17 (g) another person who has accepted liability for the charge. 18 `281B Liability for a charge in relation to passengers 19 `If a charge is payable in relation to passengers on a ship or an 20 aircraft, the following persons are jointly and severally liable 21 for the charge-- 22 (a) for passengers on a ship-- 23 (i) the owner of the ship; and 24 (ii) the master of the ship; and 25 (iii) the agent of the ship's owner; and 26 (iv) another person who has accepted liability for the 27 charge; 28
s 11 11 s 11 Transport Infrastructure and Other Legislation Amendment Bill 2005 (b) for passengers on an aircraft-- 1 (i) the owner of the aircraft; and 2 (ii) the licensee of the aircraft; and 3 (iii) the lessee of the aircraft; and 4 (iv) the charterer of the aircraft; and 5 (v) another person who has accepted liability for the 6 charge. 7 `281C Payment of a charge and interest on an unpaid 8 charge 9 `(1) A charge imposed by a port authority is payable within a 10 reasonable time decided by the authority. 11 `(2) If the charge is not paid on or before the day the charge is due, 12 interest is payable on the unpaid amount of the charge at a 13 reasonable rate decided by the authority. 14 `(3) The port authority may recover a charge, or part of a charge, 15 and any interest payable in relation to the charge, as a debt 16 payable to the port authority. 17 `(4) A regulation may provide for exemptions from the payment of 18 charges, including any interest on a charge. 19 `(5) Subsection (4) does not affect or limit the power of a port 20 authority to exempt or partially exempt a person from a 21 charge, including any interest on the charge, imposed by a 22 port authority. 23 `281D Liability for movement of ships, aircraft, vehicles, 24 goods or rolling stock 25 `(1) This section applies if a port authority incurs an expense 26 because an authorised officer of the port authority moves, or 27 takes a step to move, a ship, an aircraft, a vehicle, goods or 28 rolling stock under part 3B.1 29 1 Part 3B (Control of activities at ports)
s 11 12 s 11 Transport Infrastructure and Other Legislation Amendment Bill 2005 `(2) The amount of the expense, to the extent that the amount is 1 reasonable, is a debt owing to the port authority by-- 2 (a) for a ship, aircraft or goods--the persons who are liable 3 for a charge payable in relation to the ship, aircraft or 4 goods; or 5 (b) for a vehicle or rolling stock--the owner and driver of 6 the vehicle or rolling stock. 7 `(3) The liability of persons mentioned in subsection (2)(a) and (b) 8 is joint and several. 9 `281E Liability for damage to port authority's port facilities 10 `(1) If damage is caused to a port authority's port facilities, the 11 following persons are jointly and severally liable for the 12 damage-- 13 (a) if the damage is caused by a ship-- 14 (i) the owner of the ship; and 15 (ii) the master of the ship; and 16 (iii) the agent of the ship's owner; 17 (b) if the damage is caused by an aircraft-- 18 (i) the owner of the aircraft; and 19 (ii) the licensee of the aircraft; and 20 (iii) the lessee of the aircraft; and 21 (iv) the charterer of the aircraft. 22 `(2) If damage is caused to a port authority's port facilities by 23 floating or submerged material, the owner of the material is 24 liable for the damage if the damage happened because of the 25 intentional, reckless or negligent act of the owner. 26 `(3) The port authority may recover the reasonable cost of 27 rectifying the damage as a debt payable to the port authority. 28
s 11 13 s 11 Transport Infrastructure and Other Legislation Amendment Bill 2005 `281F Security for payment of charges and potential 1 liabilities 2 `(1) A port authority may, by written notice, require a person to 3 give the port authority a security deposit as security for a 4 liability or debt incurred, or that may be incurred, under this 5 part in relation to-- 6 (a) the payment of a charge; or 7 (b) damage caused, or that may be caused, to port facilities. 8 `(2) The security deposit must be in or for an amount decided by 9 the port authority that is a reasonable amount having regard to 10 the liability or potential liability of the person under this part. 11 `(3) The security deposit may be-- 12 (a) cash; or 13 (b) a guarantee from a financial institution; or 14 (c) in another form accepted by the port authority. 15 `(4) The port authority may appropriate or partly appropriate a 16 security deposit to meet the liability or indebtedness of the 17 person if the liability or debt is unpaid after becoming due. 18 `(5) If a security deposit is appropriated or partly appropriated, the 19 port authority may, by written notice, require the person to 20 give the port authority a further security deposit. 21 `(6) Also, if the port authority considers that the person's liability 22 or indebtedness, or potential liability or indebtedness, under 23 this part should be more adequately guaranteed, the port 24 authority may, by written notice, require the person to give the 25 port authority a security deposit in a greater amount, or in a 26 different form, or both. 27
s 11 14 s 11 Transport Infrastructure and Other Legislation Amendment Bill 2005 `Part 3B Control of activities at ports 1 `Division 1 Port notices 2 `282 Port authority may control activities by port notice 3 `(1) A port authority may display or publish a notice (a port 4 notice) to control activities or conduct in its port area if the 5 port authority reasonably considers the activities or conduct 6 may-- 7 (a) affect the port's operation; or 8 (b) cause damage to the port authority's strategic port land; 9 or 10 (c) cause damage to the environment. 11 `(2) Without limiting subsection (1), the purposes for which a port 12 authority may display or publish a port notice include-- 13 (a) maintaining or improving the safe, secure or efficient 14 operation of its port; or 15 16 Example for paragraph (a)-- 17 A port authority may issue a port notice to ensure that the 18 loading or unloading operations at the port facilities are carried 19 out efficiently. (b) maintaining fair or reasonable access to port facilities 20 for users of its port; or 21 22 Example for paragraph (b)-- 23 A port authority may issue a port notice to ensure that a user of 24 its port facilities does not unreasonably restrict the access of 25 other users of its port facilities. (c) moving or mooring ships, or parking aircraft, within its 26 port area; or 27 (d) managing controlled activities; or 28 (e) preventing damage to strategic port land; or 29 (f) preventing damage to the environment. 30 `(3) This section does not limit the powers a port authority has 31 under this division. 32
s 11 15 s 11 Transport Infrastructure and Other Legislation Amendment Bill 2005 `282A Port notice--movement or mooring of, or activities 1 on or by, ships 2 `A port authority may control by port notice-- 3 (a) the movement or mooring of ships at its port facilities; 4 or 5 (b) the movement or mooring of ships if the movement or 6 mooring may affect the port's operation; or 7 (c) activities on or by ships moored at its port facilities or in 8 its port if the activities may affect the port's operation. 9 `282B Port notice--aircraft parking 10 `(1) This section applies to the Cairns Port Authority and the 11 Mackay Port Authority. 12 `(2) Each port authority may control by port notice the parking of 13 aircraft at its airport including, for example, by indicating 14 where parking of aircraft is restricted or prohibited. 15 `282C Port notice--movement, handling or storage of 16 goods 17 `A port authority may control by port notice the movement, 18 handling or storage of goods loaded, waiting to be loaded, 19 unloaded or transhipped to or from-- 20 (a) ships at its port facilities; or 21 (b) if the port authority is the Cairns Port Authority or the 22 Mackay Port Authority--aircraft at its port facilities. 23 `282D Port notice--movement of persons 24 `A port authority may control by port notice the movement of 25 persons at its port facilities including, for example, where the 26 movement of members of the public, or another identified 27 group, is restricted or prohibited. 28
s 11 16 s 11 Transport Infrastructure and Other Legislation Amendment Bill 2005 `282E Port notice--parking or stopping of vehicles 1 `(1) A port authority may control by port notice the parking or 2 stopping of vehicles at or on its port facilities or strategic port 3 land including, for example, by indicating a place where 4 parking or stopping of a vehicle is restricted or prohibited. 5 `(2) However, a port authority's power to control a matter 6 mentioned in subsection (1) by port notice is subject to the 7 control of the matter by an official traffic sign installed under 8 the Transport Operations (Road Use Management) Act 1995, 9 chapter 5, part 2, by the chief executive within the meaning of 10 that part. 11 `282F Port notice--movement, stopping or parking of 12 rolling stock 13 `A port authority may control by port notice the movement, 14 stopping or parking of rolling stock at its port facilities 15 including, for example, by indicating where parking of rolling 16 stock is restricted or prohibited. 17 `282G Display or publication of port notices 18 `(1) To have effect, a port notice must-- 19 (a) be displayed on or near the thing to which it relates; or 20 (b) be published on the port authority's web site on the 21 internet. 22 `(2) Before a port notice mentioned in subsection (1)(b) has effect, 23 the port authority issuing the port notice must publish it on at 24 least 2 occasions in a newspaper circulated in the area to 25 which the port notice relates. 26 `(3) A copy of a port notice must be available during normal 27 business hours for inspection, or for purchase at a reasonable 28 cost, at the office of the port authority that is in, or nearest to, 29 the area to which the notice relates. 30
s 11 17 s 11 Transport Infrastructure and Other Legislation Amendment Bill 2005 `282H Port notice may refer to documents held by port 1 authority 2 `(1) A port notice may require a person to comply, in whole or in 3 part, with a requirement of a stated document held by the port 4 authority. 5 `(2) However, the requirement must be able to be made by a port 6 notice under this division. 7 `(3) If the document is a standard, the port notice must state that a 8 copy of the standard is available during normal business hours 9 for inspection, or for purchase at a reasonable cost, at a stated 10 office of the port authority that is in, or nearest to, the area to 11 which the notice relates. 12 `(4) If the document is not a standard, the port notice must-- 13 (a) include a copy of the document; or 14 (b) do both of the following-- 15 (i) include a summary of the requirement; 16 (ii) state that a copy of the document is available 17 during normal business hours, free of charge, at a 18 stated office of the port authority that is in, or 19 nearest to, the area to which the notice relates. 20 `(5) In this section-- 21 standard means-- 22 (a) the Code of Safe Practice for Solid Bulk Cargoes issued 23 by the International Maritime Organisation, as it applies 24 to materials mentioned in appendix B of the Code; or 25 (b) the International Maritime Dangerous Goods Code 26 published by the International Maritime Organisation; 27 or 28 (c) the International Safety Guide for Oil Tankers and 29 Terminals issued by the International Chamber of 30 Shipping, the Oil Companies International Marine 31 Forum and the International Association of Ports and 32 Harbours; or 33
s 11 18 s 11 Transport Infrastructure and Other Legislation Amendment Bill 2005 (d) the Ship to Ship Transfer Guide (Liquefied Gases) 1 issued by the International Chamber of Shipping and the 2 Oil Companies International Marine Forum; or 3 (e) the Ship to Ship Transfer Guide (Petroleum) issued by 4 the International Chamber of Shipping and the Oil 5 Companies International Marine Forum; or 6 (f) the Tanker Safety Guide (Chemicals) issued by the 7 International Chamber of Shipping; or 8 (g) the Tanker Safety Guide (Liquefied Gas) issued by the 9 International Chamber of Shipping; or 10 (h) a code, guide, rule, specification, standard or other 11 document (a relevant document) adopted, made or 12 published by-- 13 (i) the International Association of Ports and 14 Harbours; or 15 (ii) the International Chamber of Shipping; or 16 (iii) the International Maritime Organisation; or 17 (iv) the Oil Companies International Marine Forum; or 18 (v) the Civil Aviation Safety Authority; or 19 (vi) the International Civil Aviation Organisation; or 20 (i) a Standards Australia standard adopting, making or 21 publishing a relevant document adopted, made or 22 published by an entity mentioned in paragraph (h)(i) to 23 (vi); or 24 (j) a relevant document prescribed under a regulation for 25 this definition. 26 `282I Port notices generally 27 `(1) A port notice-- 28 (a) must indicate the area to which the port notice applies; 29 and 30 (b) if contravention of a requirement of the port notice is an 31 offence against this Act--must state that fact and the 32 maximum penalty for the offence. 33
s 11 19 s 11 Transport Infrastructure and Other Legislation Amendment Bill 2005 `(2) Evidence that a sign was displayed on or near the thing to 1 which it relates is evidence that the notice was displayed by 2 the port authority. 3 `(3) A port notice displayed on or near the thing to which it relates 4 must be clearly visible to passers-by. 5 `282J Offence of not complying with a port notice 6 `A person must comply with each requirement of a port 7 notice, unless the person has a reasonable excuse for not 8 complying with it. 9 Maximum penalty-- 10 (a) for a contravention of a requirement of a port notice 11 about a controlled activity--100 penalty units; or 12 (b) for a contravention of a requirement of a port notice 13 about the movement or mooring of, or activities on or 14 by, a ship--100 penalty units; or 15 (c) for a contravention of a requirement of a port notice 16 about the parking of an aircraft--50 penalty units; or 17 (d) for a contravention of a requirement of a port notice 18 about the movement, handling or storage of 19 goods--50 penalty units; or 20 (e) for a contravention of a requirement of a port notice 21 about any other matter--25 penalty units. 22 `Division 2 Authorised officers 23 `282K Appointment and qualifications of authorised 24 officers 25 `(1) A port authority may appoint a person as an authorised officer 26 for the port authority. 27 `(2) However, the port authority may appoint a person as an 28 authorised officer for the port authority only if the port 29 authority is satisfied the person is qualified for appointment 30 because the person has the necessary expertise or experience. 31
s 11 20 s 11 Transport Infrastructure and Other Legislation Amendment Bill 2005 `282L Appointment conditions and limit on powers 1 `(1) An authorised officer holds office on any conditions stated 2 in-- 3 (a) the authorised officer's instrument of appointment; or 4 (b) a signed notice given to the authorised officer; or 5 (c) a regulation. 6 `(2) The instrument of appointment, a signed notice given to the 7 authorised officer or a regulation may limit the authorised 8 officer's powers under this Act. 9 `(3) In this section-- 10 signed notice means a notice signed by the port authority or a 11 member of the port authority who is authorised by it to sign 12 notices. 13 `282M Issue of identity card 14 `(1) The port authority must issue an identity card to each 15 authorised officer. 16 `(2) The identity card must-- 17 (a) contain a recent photo of the authorised officer; and 18 (b) contain a copy of the authorised officer's signature; and 19 (c) identify the person as an authorised officer for the port 20 authority under this Act; and 21 (d) state an expiry date for the card. 22 `282N Production or display of identity card 23 `(1) In exercising a power under this Act in relation to a person, an 24 authorised officer must-- 25 (a) produce the authorised officer's identity card for the 26 person's inspection before exercising the power; or 27 (b) have the identity card displayed so it is clearly visible to 28 the person when exercising the power. 29
s 11 21 s 11 Transport Infrastructure and Other Legislation Amendment Bill 2005 `(2) However, if it is not practicable to comply with subsection (1), 1 the authorised officer must produce the identity card for the 2 person's inspection at the first reasonable opportunity. 3 `282O When authorised officer ceases to hold office 4 `(1) An authorised officer ceases to hold office if-- 5 (a) the term of office stated in a condition of office ends; or 6 (b) under another condition of office, the authorised officer 7 ceases to hold office. 8 `(2) Subsection (1) does not limit the ways an authorised officer 9 may stop holding office. 10 `(3) In this section-- 11 condition of office means a condition on which the authorised 12 officer holds office. 13 `282P Return of identity card 14 `A person who ceases to be an authorised officer of a port 15 authority must return the person's identity card to the port 16 authority within 21 days after ceasing to be an authorised 17 officer unless the person has a reasonable excuse. 18 Maximum penalty--10 penalty units. 19 `Division 3 Directions 20 `282Q Authorised officer may give directions 21 `(1) An authorised officer of a port authority may give a verbal 22 direction to a person in the port authority's port area if giving 23 the direction is reasonably necessary to-- 24 (a) ensure the safety or security of the port area, its users or 25 the port authority's employees; or 26 (b) prevent the person's activities or conduct from affecting 27 the port's operation. 28
s 11 22 s 11 Transport Infrastructure and Other Legislation Amendment Bill 2005 1 Examples of directions that may be given for subsection (1)-- 2 � a direction to control the movement or mooring of, or activities on 3 or by, a ship 4 � a direction to control the parking of an aircraft or the movement, 5 stopping or parking of a vehicle or rolling stock 6 � a direction to control the movement, handling or storage of goods 7 that are loaded, waiting to be loaded, unloaded or being transhipped 8 � a direction to control the movement of persons 9 � a direction to a person, who is the holder of an approval to perform 10 a controlled activity under part 4A, to stop performing the 11 controlled activity for a period `(2) Subsection (3) applies if an authorised officer-- 12 (a) finds a person committing an offence, or reasonably 13 suspects that a person has just committed an offence, 14 against section 283G;2 or 15 (b) reasonably believes that a person's presence at the port 16 facilities may pose a threat to the safety or security of 17 the port facilities, its users or the port authority's 18 employees; or 19 (c) reasonably believes that a person is in an area of the port 20 facilities without lawful justification or excuse. 21 `(3) An authorised officer may give a verbal direction to the 22 person to-- 23 (a) immediately leave the port facilities, or an area of the 24 port facilities; or 25 (b) immediately leave the port facilities, or an area of the 26 port facilities, and not return for at least 24 hours. 27 `(4) An authorised officer must identify himself or herself as an 28 authorised officer if the authorised officer gives a verbal 29 direction by radio, megaphone or another form of distance 30 communication. 31 `(5) An authorised officer must not give a verbal direction about 32 the movement of rolling stock if a train controller is satisfied 33 2 Section 283G (Conduct causing public nuisance)
s 11 23 s 11 Transport Infrastructure and Other Legislation Amendment Bill 2005 that the movement of the rolling stock would cause an 1 immediate threat to-- 2 (a) the safety of the railway; or 3 (b) the public using it or who may use it. 4 `282R If a person does not comply with a direction 5 `(1) If the person does not comply with a verbal direction given by 6 an authorised officer under section 282Q, the authorised 7 officer may give the person a written notice stating-- 8 (a) the authorised officer's name; and 9 (b) the direction; and 10 (c) a brief statement about the authorised officer's reason 11 for giving the direction; and 12 (d) a further reasonable time within which the person must 13 comply with the direction; and 14 (e) when the direction was given. 15 `(2) If it is not possible or reasonable for the authorised officer to 16 give the person a written notice at the time the person does not 17 comply with a verbal direction given by an authorised officer 18 under section 282Q, the authorised officer-- 19 (a) may give the person a further verbal direction stating the 20 information mentioned in subsection (1)(a) to (d); and 21 (b) must give the person the written notice the person would 22 have received at the time the person did not comply with 23 the verbal direction as soon as practicable after giving 24 the further verbal direction. 25 `(3) At the time the authorised officer gives the person a written 26 notice under subsection (1), or a further verbal direction under 27 subsection (2)(a), the authorised officer must warn the person 28 that the person may commit an offence unless the person 29 complies with the direction within the stated time. 30
s 11 24 s 11 Transport Infrastructure and Other Legislation Amendment Bill 2005 `282S Offence of not complying with a direction 1 `Unless a person has a reasonable excuse, a person must 2 comply with a direction given to the person by an authorised 3 officer under section 282R, within the reasonable time stated 4 in a written notice under section 282R(1) or as part of a 5 further verbal direction under 282R(2)(a). 6 Maximum penalty-- 7 (a) if the contravention results in a significant delay to port 8 operations--200 penalty units; or 9 (b) otherwise-- 10 (i) for a contravention of a direction to leave the port 11 facilities or an area of the port facilities, or leave 12 the port facilities or an area of the port facilities 13 and not return for 24 hours--100 penalty units; or 14 (ii) for a contravention of a direction about the 15 movement or mooring of, or activities on or by, a 16 ship--100 penalty units; or 17 (iii) for a contravention of a direction about the parking 18 of an aircraft--50 penalty units; or 19 (iv) for a contravention of a direction about the 20 movement, handling or storage of 21 goods--50 penalty units; or 22 (v) for a contravention of another 23 direction--25 penalty units. 24 `Division 4 Moving contravening property 25 `282T Moving contravening property 26 `(1) This section applies if-- 27 (a) an authorised officer of a port authority reasonably 28 believes that a ship, an aircraft, a vehicle, goods or 29 rolling stock in a port or at a port facility is contravening 30 property; and 31
s 11 25 s 11 Transport Infrastructure and Other Legislation Amendment Bill 2005 (b) the authorised officer reasonably believes that it is 1 necessary to move the contravening property having 2 regard to-- 3 (i) the efficient operation of the port; or 4 (ii) the safety or security of the port, its users or the 5 port authority's employees; and 6 (c) the authorised officer-- 7 (i) can not immediately find the person in charge of 8 the contravening property; or 9 (ii) reasonably believes the person in charge of the 10 contravening property can not, or will not, move 11 the contravening property immediately. 12 `(2) The authorised officer may-- 13 (a) take steps necessary and reasonable to have the 14 contravening property moved; and 15 (b) if the contravening property is property in the form of 16 goods that are perishable, or of little or no value, treat 17 the goods as abandoned property under part 4B.3 18 `(3) However, for contravening property that is rolling stock, the 19 authorised officer must not move the rolling stock if a train 20 controller is satisfied that the movement of the rolling stock 21 would cause an immediate threat to-- 22 (a) the safety of the railway; or 23 (b) the public using it or who may use it. 24 `(4) In this section-- 25 contravening property means a ship, an aircraft, a vehicle, 26 goods or rolling stock, that is moored, parked or left in a port 27 or at a port facility in contravention of-- 28 (a) a requirement of a port notice; or 29 (b) a direction of an authorised officer under division 3. 30 person in charge, of contravening property, means-- 31 3 Part 4B (Disposal of abandoned property)
s 11 26 s 11 Transport Infrastructure and Other Legislation Amendment Bill 2005 (a) for contravening property that is a ship--the ship's 1 master or another person in charge of the ship; or 2 (b) for contravening property that is an aircraft--the 3 aircraft's pilot or another person in charge of the 4 aircraft; or 5 (c) for contravening property that is a vehicle or rolling 6 stock--the driver of the vehicle or rolling stock or 7 another person in charge of the vehicle or rolling stock; 8 or 9 (d) for contravening property that is property in the form of 10 goods--the owner of the goods or another person in 11 charge of the goods. 12 `Division 5 Other powers and offences 13 `283 Power to require name and address 14 `(1) An authorised officer of a port authority may require a person, 15 who is in the port authority's port area, to state the person's 16 name and address if the authorised officer-- 17 (a) finds the person committing an offence against this Act; 18 or 19 (b) reasonably suspects the person has just committed an 20 offence against this Act. 21 `(2) When making the requirement, the authorised officer must 22 warn the person that it is an offence to fail to state the person's 23 name and address unless the person has a reasonable excuse. 24 `(3) The authorised officer may require the person to give 25 evidence of the correctness of the person's stated name and 26 address if the authorised officer reasonably suspects the stated 27 name or address is false. 28 `(4) A person must comply with the authorised officer's 29 requirement under subsection (1) or (3), unless the person has 30 a reasonable excuse for not complying with it. 31 Maximum penalty--10 penalty units. 32
s 11 27 s 11 Transport Infrastructure and Other Legislation Amendment Bill 2005 `(5) The person does not commit an offence against this section 1 if-- 2 (a) the authorised officer required the person to state the 3 person's name and address in the circumstances 4 mentioned in subsection (1)(a) or (b); and 5 (b) the person is not proved to have committed the offence. 6 `283A Inspection of documents 7 `(1) An authorised officer of a port authority may require a person, 8 who is or may be liable to pay a charge to the port authority, 9 to produce for the authorised officer's inspection, documents 10 that are-- 11 (a) under the person's control; and 12 (b) relevant to deciding-- 13 (i) whether the person is liable to pay the charge; or 14 (ii) the amount of the charge. 15 `(2) The person must comply with the requirement, unless the 16 person has a reasonable excuse for not complying with it. 17 Maximum penalty for subsection (2)--50 penalty units. 18 `283B Inspection of ships, aircraft, vehicles, rolling stock 19 and goods 20 `(1) This section applies only to the extent necessary to allow an 21 authorised officer of a port authority to decide-- 22 (a) whether a charge is payable in relation to a ship, an 23 aircraft or goods; and 24 (b) the amount of the charge. 25 `(2) A person in charge of a conveyance in the port authority's 26 port area must allow the authorised officer to enter and inspect 27 the conveyance, or inspect goods on or in the conveyance, if 28 asked by the authorised officer. 29 Maximum penalty--50 penalty units. 30 `(3) In this section-- 31
s 11 28 s 11 Transport Infrastructure and Other Legislation Amendment Bill 2005 conveyance means a ship, an aircraft, a vehicle or rolling 1 stock. 2 `283C Obstructing authorised officer 3 `(1) A person in a port authority's port area must not obstruct an 4 authorised officer in the exercise of a power under this part, 5 unless the person has a reasonable excuse. 6 Maximum penalty--50 penalty units. 7 `(2) In this section-- 8 obstruct includes hinder, resist, insult, attempt to obstruct and 9 threaten to obstruct. 10 `283D False or misleading statement 11 `(1) A person must not state anything to an authorised officer that 12 the person knows is false or misleading in a material 13 particular. 14 Maximum penalty--50 penalty units. 15 `(2) It is enough for a complaint for an offence against 16 subsection (1) to state the statement made was `false or 17 misleading' to the person's knowledge, without specifying 18 which. 19 `283E False or misleading document 20 `(1) A person must not give an authorised officer a document 21 containing information the person knows is false or 22 misleading in a material particular. 23 Maximum penalty--50 penalty units. 24 `(2) Subsection (1) does not apply to a person if the person when 25 giving the document-- 26 (a) tells the authorised officer, to the best of the person's 27 ability, how it is false or misleading; and 28 (b) if the person has, or can reasonably obtain, the correct 29 information--gives the correct information. 30
s 12 29 s 12 Transport Infrastructure and Other Legislation Amendment Bill 2005 `(3) It is enough for a complaint for an offence against 1 subsection (1) to state the document was `false or misleading' 2 to the person's knowledge, without specifying which. 3 `283F Impersonating an authorised officer 4 `A person must not pretend to be an authorised officer. 5 Maximum penalty--50 penalty units. 6 `283G Conduct causing public nuisance 7 `A person at a port authority's port facilities must not be 8 disorderly or create a disturbance. 9 Maximum penalty--50 penalty units. 10 `283H Interfering with port notices 11 `(1) This section applies to a port notice, other than a port notice 12 published on a port authority's web site on the internet. 13 `(2) A person must not unlawfully interfere with the port notice. 14 Maximum penalty--25 penalty units. 15 `(3) In this section-- 16 interfere, with a port notice, includes removing or damaging 17 the port notice.'. 18 Clause 12 Replacement of ss 284 and 285 19 Sections 284 and 285-- 20 omit, insert-- 21 `284 Definitions for div 1 22 `In this division-- 23 core matters, in relation to a land use plan (including its 24 preparation), means each of the following matters-- 25 (a) land use and development; 26 (b) port facilities; 27
s 12 30 s 12 Transport Infrastructure and Other Legislation Amendment Bill 2005 (c) valuable features. 1 land use and development, for an area, includes each of the 2 following-- 3 (a) the location of, and the relationships between, the land 4 uses in the area; 5 (b) the current effects of land use in the area; 6 (c) the likely effects of any proposed development of the 7 land; 8 (d) the accessibility to the area. 9 valuable features see the Integrated Planning Act 1997, 10 section 2.1.3A(4).4 11 `285 Land use plans 12 `(1) This section applies to the following port authority land-- 13 (a) in relation to the Cairns Port Authority--port authority 14 land that is used or that may be used by the Cairns Port 15 Authority for its airport; 16 (b) in relation to the Mackay Port Authority--port authority 17 land that is used or that may be used by the Mackay Port 18 Authority for its airport; 19 (c) in relation to any port authority--port authority land that 20 is on or near the interface between the land and the 21 waters within the limits of the port, as defined under 22 section 274, and that is used or may be used-- 23 (i) for domestic or international trade; or 24 (ii) by industries requiring close proximity to a port; or 25 (iii) for the integration of sea transport with other 26 transport modes; or 27 (iv) as port buffer lands; or 28 (v) as a boating facility; or 29 4 Integrated Planning Act 1997, section 2.1.3A (Core matters for planning schemes)
s 12 31 s 12 Transport Infrastructure and Other Legislation Amendment Bill 2005 (vi) for residential and tourist accommodation as 1 mentioned in section 275(1)(f);5 or 2 (vii) for other purposes of a port authority prescribed 3 under a regulation. 4 `(2) At least every 8 years, a port authority must prepare a land use 5 plan in relation to the port authority's land for approval under 6 section 286.6 7 `(3) The Minister may also direct a port authority to prepare a land 8 use plan, or an amendment of a land use plan, for approval 9 under section 286. 10 `(4) A port authority's land use plan must-- 11 (a) specify details of-- 12 (i) the port authority's strategic port land; and 13 (ii) land the port authority proposes to become 14 strategic port land; and 15 (iii) the current and proposed uses of the land; and 16 (b) coordinate and integrate the core matters relevant to the 17 land use plan; and 18 (c) identify desired environmental outcomes for the land; 19 and 20 (d) include measures that will help achieve the desired 21 environmental outcomes.'. 22 `(5) In this section-- 23 port authority land means land a port authority holds title to 24 or holds directly from the State. 25 `285A Statement of proposal for preparation of a land use 26 plan or amendment of a plan 27 `(1) A port authority must prepare a statement (statement of 28 proposal) about-- 29 5 Section 275 (Functions of port authorities) 6 Section 286 (Approval of land use plans)
s 12 32 s 12 Transport Infrastructure and Other Legislation Amendment Bill 2005 (a) the preparation of a land use plan; or 1 (b) an amendment of a land use plan, unless the 2 amendment-- 3 (i) is to remove land from the land use plan; or 4 (ii) relates to land that is already strategic port land and 5 its usage is not to change. 6 `(2) The statement of proposal must-- 7 (a) identify matters the port authority anticipates the land 8 use plan will address; and 9 (b) state how the port authority intends to address each 10 relevant aspect of a core matter in the land use plan. 11 `(3) A port authority must supply the statement of proposal to the 12 local government for the local government area within which 13 the port area is situated, and any other local government for a 14 local government area adjoining the port area. 15 `285B Draft plan for preparation of a land use plan or 16 amendment of a plan 17 `After complying with section 285A, and section 285C to the 18 extent the section relates to a statement of proposal, a port 19 authority must-- 20 (a) take appropriate account of issues raised as a result of 21 consultation under section 285C in relation to the 22 statement of proposal; and 23 (b) prepare a draft (draft plan) of-- 24 (i) if the statement of proposal is for the preparation of 25 a land use plan--the land use plan; or 26 (ii) if the statement of proposal is for an amendment of 27 a land use plan--the amendment of the land use 28 plan; and 29 (c) supply the draft plan to the local government for the 30 local government area within which the port area is 31 situated, and any other local government for a local 32 government area adjoining the port area. 33
s 13 33 s 13 Transport Infrastructure and Other Legislation Amendment Bill 2005 `285C Consultation on statement of proposal or draft plan 1 `(1) This section applies if a port authority prepares a statement of 2 proposal under section 285A or a draft plan under 3 section 285B. 4 `(2) The port authority must publish, at least once in a newspaper 5 circulating generally in the area to which the statement of 6 proposal or the draft plan relates, a notice stating the 7 following-- 8 (a) the name of the port authority; 9 (b) that the port authority has prepared a statement of 10 proposal or a draft plan and that it is available for 11 inspection and purchase; 12 (c) a contact telephone number for information about the 13 statement of proposal or draft plan; 14 (d) that any person may make written submissions about the 15 statement of proposal or draft plan to the port authority; 16 (e) the period (the consultation period) during which 17 submissions may be made; 18 (f) the requirements for properly making a submission. 19 `(3) The consultation period must be for at least 40 business days 20 after the notice is first published under subsection (2). 21 `285D Directions by Minister for amendment of draft plan 22 `(1) The Minister may return a draft plan prepared by the port 23 authority under section 285B for amendment in the way 24 directed by the Minister. 25 `(2) A copy of the direction must be published in the gazette 26 within 21 days after it is given.'. 27 Clause 13 Amendment of s 286 (Approval of land use plans) 28 (1) Section 286(1) and (2)-- 29 omit, insert-- 30
s 14 34 s 14 Transport Infrastructure and Other Legislation Amendment Bill 2005 `(1) The Minister may approve a draft plan prepared under 1 section 285B if the Minister is satisfied that-- 2 (a) the land included in the draft plan is used or may be 3 used for a matter or purpose mentioned in 4 section 285(1);7 and 5 (b) the port authority has taken appropriate account of 6 issues raised in written submissions made to it under 7 section 285C;8 and 8 (c) no local government has a substantial objection to the 9 draft plan; and 10 (d) State interests will not be adversely affected by the draft 11 plan. 12 `(2) If the Minister is satisfied about subsection (1)(a), (b) and (d) 13 but is satisfied that a local government has a substantial 14 objection to the draft plan, the draft plan may only be 15 approved by the Governor in Council.'. 16 (2) Section 286-- 17 insert-- 18 `(6) Each port authority must ensure the port authority's current 19 approved land use plan is published on the port authority's 20 web site on the internet.'. 21 Clause 14 Insertion of new ch 8, pts 4A and 4B 22 After section 289-- 23 insert-- 24 7 Section 285 (Land use plans) 8 Section 285C (Consultation on statement of proposal or draft plan)
s 14 35 s 14 Transport Infrastructure and Other Legislation Amendment Bill 2005 `Part 4A Port approvals 1 `289A Application of pt 4A 2 `This part applies if a port authority decides to regulate a 3 controlled activity by issuing a port notice, under section 282,9 4 under which the approval of the port authority is required to 5 perform the controlled activity. 6 `289B Definitions for pt 4A 7 `In this part-- 8 approval see section 289C(1). 9 controlled activity means any of the following activities-- 10 (a) operating a tug service; 11 (b) in relation to a ship-- 12 (i) burning; or 13 (ii) welding; or 14 (iii) riveting; or 15 (iv) spray painting; or 16 (v) sand blasting; or 17 (vi) another similar activity prescribed under a 18 regulation; 19 (c) operating a refuelling facility. 20 `289C Application for approval 21 `(1) A person may apply to a port authority for approval to 22 perform a controlled activity in a port authority's port area (an 23 approval). 24 `(2) The application must-- 25 (a) be in writing; and 26 9 Section 282 (Port authority may control activities by port notice)
s 14 36 s 14 Transport Infrastructure and Other Legislation Amendment Bill 2005 (b) identify the area where the controlled activity will be 1 performed under the approval; and 2 (c) state any other thing relevant to the proper consideration 3 of the application as required under a regulation. 4 `289D Port authority may grant approval, with or without 5 conditions 6 `(1) The port authority may decide to-- 7 (a) grant an application for an approval, with or without 8 conditions; or 9 (b) refuse the application. 10 `(2) A holder of an approval to operate a tug service may or may 11 not be given an exclusive right to operate the tug service in a 12 port area. 13 `(3) A holder of an approval must not breach a condition of the 14 approval. 15 Maximum penalty for subsection (3)--50 penalty units. 16 `289E Change of conditions on an approval 17 `(1) A port authority may change an approval, if the port authority 18 considers it reasonably necessary to do so having regard to-- 19 (a) the efficient operation of the port; or 20 (b) the safety or security of the port, its users or the port 21 authority's employees. 22 `(2) In this section-- 23 change, an approval, means revoke, suspend, or impose or 24 change a condition on, the approval. 25 `289F Decision by port authority in relation to approval 26 `(1) This section applies if the port authority decides to do any of 27 the following-- 28 (a) refuse an application for an approval; 29
s 14 37 s 14 Transport Infrastructure and Other Legislation Amendment Bill 2005 (b) impose a condition on an approval as part of a grant of 1 an application for an approval; 2 (c) change, within the meaning of section 289E, an 3 approval. 4 `(2) The port authority must give the applicant or approval holder 5 a written notice stating the following-- 6 (a) the decision; 7 (b) the reasons for the decision; 8 (c) that the applicant or approval holder may ask for the 9 decision to be reviewed and appeal against the reviewed 10 decision; 11 (d) that, under the Transport Planning and Coordination 12 Act 1994, part 5, as applied under section 289G, the 13 applicant or approval holder may ask for the decision or 14 the reviewed decision to be stayed. 15 `289G Review of and appeals against decisions 16 `(1) A person whose interests are affected by a decision to which 17 section 289F applies (the original decision) may ask the port 18 authority to review the decision. 19 `(2) The Transport Planning and Coordination Act 1994, part 5, 20 division 2-- 21 (a) applies to the review as if-- 22 (i) references in the division to the chief executive 23 were references to the port authority that made the 24 decision; and 25 (ii) references in the division to an appeal court or the 26 appeal court were references to a Magistrates 27 Court; and 28 (b) provides-- 29 (i) for the procedure for applying for the review and 30 the way it is to be carried out; and 31 (ii) that the original decision may be stayed by the 32 person by applying to a Magistrates Court. 33
s 14 38 s 14 Transport Infrastructure and Other Legislation Amendment Bill 2005 `(3) Also, after the port authority confirms or amends the original 1 decision or substitutes another decision, the person may 2 appeal against the confirmed, amended or substituted decision 3 (the reviewed decision) to a Magistrates Court. 4 `(4) The Transport Planning and Coordination Act 1994, part 5, 5 division 3-- 6 (a) applies to the appeal as if-- 7 (i) references in the division to the chief executive 8 were references to the port authority that made the 9 decision; and 10 (ii) references in the division to an appeal court or the 11 appeal court were references to a Magistrates 12 Court; and 13 (b) provides-- 14 (i) for the procedure for the appeal and the way it is to 15 be disposed of; and 16 (ii) that the reviewed decision may be stayed by the 17 person by applying to a Magistrates Court. 18 `Part 4B Disposal of abandoned 19 property 20 `289H Definitions for pt 4B 21 `In this part-- 22 abandoned property means property that the port authority 23 reasonably believes has been abandoned at the port 24 authority's port facilities including, for example-- 25 (a) a ship, an aircraft or a vehicle; or 26 (b) a thing attached to, or contained in, a ship, an aircraft or 27 a vehicle. 28 insufficient value property means abandoned property that 29 is-- 30
s 14 39 s 14 Transport Infrastructure and Other Legislation Amendment Bill 2005 (a) of no value; or 1 (b) if sold by a port authority, would not be likely to return 2 sufficient proceeds of sale to cover the total of the 3 following amounts-- 4 (i) the expenses reasonably incurred by the authority 5 in selling the property; 6 (ii) the expenses reasonably incurred by the authority 7 in dealing with the property under this part; 8 (iii) the charges, interest and other expenses owing to 9 the authority in relation to the property. 10 `289I Reasonable steps must be taken to find owner 11 `(1) This section applies to abandoned property found at the port 12 authority's port facility, unless-- 13 (a) it is insufficient value property; or 14 (b) it is perishable and it is impracticable for the port 15 authority to keep it having regard to its nature and 16 condition. 17 `(2) The port authority-- 18 (a) must take reasonable steps to locate the owner of the 19 property; and 20 (b) may have the property moved to a place it considers 21 appropriate. 22 `(3) If the port authority has located the owner of the property 23 within 28 days after the property was found, the port authority 24 must give the owner a written notice-- 25 (a) describing the property; and 26 (b) stating the property has been found; and 27 (c) explaining how it may be recovered; and 28 (d) stating the property may be sold or disposed of if it is 29 not recovered. 30 `(4) If the port authority has not located the owner of the property 31 within 28 days after finding the property, the port authority 32
s 14 40 s 14 Transport Infrastructure and Other Legislation Amendment Bill 2005 must publish a notice in a newspaper circulating generally in 1 the State that includes the matters mentioned in 2 subsection (3)(a) to (d). 3 `289J A person may claim property 4 `The port authority must return abandoned property to a 5 person if the person, within 28 days after the notice is given or 6 published under section 289I-- 7 (a) satisfies the port authority that the person is the owner of 8 the property; and 9 (b) pays the expenses reasonably incurred by the port 10 authority in dealing with the property under this part. 11 `289K If property not claimed 12 `If a person does not claim the abandoned property within 13 28 days after a port authority has given or published a notice 14 under section 289I about it, the port authority may sell the 15 property. 16 `289L Sale of perishable property 17 `The port authority may sell abandoned property if it is 18 perishable and it is impracticable for the port authority to keep 19 it having regard to its nature and condition. 20 `289M Proceeds from the sale of abandoned property 21 `(1) If abandoned property is sold by a port authority, the proceeds 22 of the sale must be applied in the following order-- 23 (a) in payment of the expenses reasonably incurred by the 24 port authority in selling the property; 25 (b) in payment of the expenses reasonably incurred by the 26 authority in dealing with the property under this part; 27 (c) in payment of charges, interest and other expenses 28 owing to the authority in relation to the property; 29 (d) in payment of any balance to the owner. 30
s 15 41 s 16 Transport Infrastructure and Other Legislation Amendment Bill 2005 `(2) If the proceeds of the sale are less than the total of the 1 expenses mentioned in subsection (1)(a), (b) and (c), the 2 difference is a debt owing to the port authority by the owner. 3 `(3) Compensation may not be recovered against the port authority 4 in relation to a payment under this section. 5 `289N Abandoned property of no value 6 `A port authority may dispose of abandoned property that is 7 insufficient value property in the way the port authority 8 considers appropriate.'. 9 Clause 15 Omission of s 293 (Payment of charges and interest on 10 unpaid charges) 11 Section 293-- 12 omit. 13 Clause 16 Insertion of new ch 18, pt 5 14 Chapter 18-- 15 insert-- 16 `Part 5 Transitional provisions for the 17 Transport Infrastructure and 18 Other Legislation Amendment 19 Act 2005 20 `532 Definitions for pt 5 21 `In this part-- 22 commencement means the commencement of this section. 23 repealed regulation means-- 24 (a) the Transport Infrastructure (Ports) Regulation 1994; or 25 (b) the Transport Infrastructure (Airport Management) 26 Regulation 1994. 27
s 16 42 s 16 Transport Infrastructure and Other Legislation Amendment Bill 2005 `533 Approvals 1 `(1) Subsection (2) applies to a written approval-- 2 (a) given by a port authority under the Transport 3 Infrastructure (Ports) Regulation 1994 before 4 commencement, other than a written approval given 5 under section 43, 44 or 45 of the regulation;10 and 6 (b) in force immediately before commencement. 7 `(2) The written approval is taken to be an approval granted by the 8 port authority under chapter 8, part 4A11 after commencement. 9 `(3) Subsection (4) applies to a written approval (controlled 10 activity approval)-- 11 (a) given by a port authority under the Transport 12 Infrastructure (Ports) Regulation 1994, section 43, 44 13 or 45, before commencement; and 14 (b) in force immediately before commencement. 15 `(4) The controlled activity approval-- 16 (a) is taken to be an approval granted by the port authority 17 under chapter 8, part 4A; and 18 (b) expires whenever the first of the following happens-- 19 (i) the end of 6 months after commencement; 20 (ii) the port authority gives a new approval to the 21 person in substitution for the controlled activity 22 approval under this Act. 23 `(5) For subsection 4(b)(ii), the port authority may give an 24 approval without receiving an application for the approval 25 under section 289C.12 26 10 Transport Infrastructure (Ports) Regulation 1994, section 43 (Approval for burning, welding etc. in certain ports), 44 (Approval of operation of a tug service in a port) or 45 (Approval of operation of fuelling facility in certain ports) 11 Chapter 8 (Port infrastructure and other matters), part 4A (Port approvals) 12 Section 289C (Application for approval)
s 16 43 s 16 Transport Infrastructure and Other Legislation Amendment Bill 2005 `534 Proceedings 1 `A proceeding by or against a port authority under a repealed 2 regulation, that has not ended before the commencement, may 3 be continued and finished as if the repealed regulation had not 4 been repealed. 5 `535 Land use plans 6 `(1) This section applies if, before commencement-- 7 (a) consultation had started or had been completed in 8 relation to a proposed land use plan or amendment of a 9 land use plan under section 285 as in force immediately 10 before commencement;13 and 11 (b) the Minister had not approved the proposed land use 12 plan or amendment of the land use plan under 13 section 286 as in force immediately before 14 commencement.14 15 `(2) Chapter 8, part 4, division 1, as in force immediately before 16 commencement, continues to apply to the proposed land use 17 plan or amendment of a land use plan despite the enactment of 18 the Transport Infrastructure and Other Legislation 19 Amendment Act 2005. 20 `536 Detained property 21 `(1) This section applies to property, detained by a port authority 22 under part 4, division 2 of a repealed regulation, which has not 23 been completely dealt with by the port authority under that 24 division before commencement. 25 `(2) The port authority may continue to deal with the property as if 26 the repealed regulation had not been repealed. 27 13 See sections 285 (Consultation on land use plans) as in force immediately before commencement. 14 See section 286 (Approval of land use plans) as in force immediately before commencement.
s 17 44 s 17 Transport Infrastructure and Other Legislation Amendment Bill 2005 `537 Notices in the form of official traffic signs 1 `(1) This section applies to a notice (however described), in the 2 form of an official traffic sign, erected or displayed under a 3 repealed regulation on a road by a port authority before 4 commencement if the notice was in force under the repealed 5 regulation immediately before commencement. 6 `(2) At commencement, the notice is taken to be an official traffic 7 sign installed under the Transport Operations (Road Use 8 Management) Act 1995, chapter 5, part 2, by the chief 9 executive within the meaning of that part. 10 `(3) This section expires 1 year after it commences. 11 `538 Things done under re-enacted provision 12 `(1) This section applies subject to this part. 13 `(2) A thing continues to have effect as if the thing had been done 14 under this Act if the thing-- 15 (a) expressly or impliedly was authorised to be done under 16 a provision of a repealed regulation; and 17 (b) was in force immediately before the repeal; and 18 (c) can be done under a re-enacted provision. 19 20 Examples of things that continue to have effect-- 21 � port notices issued by a port authority 22 � appointments of authorised officers 23 � directions given to a person by an authorised officer `(3) In this section-- 24 re-enacted provision means a provision of a repealed 25 regulation that has been re-enacted, including with changes, 26 as a provision in chapter 8 by the Transport Infrastructure and 27 Other Legislation Amendment Act 2005.'. 28 Clause 17 Amendment of sch 6 (Dictionary) 29 (1) Schedule 6, definitions approval, authorised officer and 30 commencement-- 31
s 17 45 s 17 Transport Infrastructure and Other Legislation Amendment Bill 2005 omit. 1 (2) Schedule 6-- 2 insert-- 3 `abandoned property, for chapter 8, part 4B, see 4 section 289H. 5 airport, for chapter 8, see section 267. 6 approval-- 7 (a) for chapter 8, part 4A--see section 289B; or 8 (b) for chapter 12--see section 415; or 9 (c) for chapter 14--means an approval by the chief 10 executive. 11 authorised officer-- 12 (a) for chapter 8--means a person appointed under 13 section 282K; or 14 (b) for a person who is appointed under a regulation as an 15 officer in relation to a matter as stated in the 16 regulation--means a person appointed under the 17 regulation as an officer for the matter. 18 commencement-- 19 (a) for chapter 18, part 3, see section 521; or 20 (b) for chapter 18, part 5, see section 532. 21 controlled activity, for chapter 8, see section 289B. 22 draft plan see section 285B. 23 insufficient value property, for chapter 8, part 4B, see 24 section 289H. 25 port area, of a port authority, for chapter 8, see section 267. 26 port facilities, for chapter 8, see section 267. 27 port notice, for chapter 8, see section 282(1). 28 requirement, of a port notice, for chapter 8, see section 267. 29 repealed regulation, for chapter 18, part 5, see section 532. 30 statement of proposal see section 285A. 31
s 18 46 s 20 Transport Infrastructure and Other Legislation Amendment Bill 2005 train controller, for rolling stock, means an individual who is 1 in control of train control signalling and communication for 2 the section of track on which the rolling stock is moving or 3 stationary.'. 4 (3) Schedule 6, definition port authority, paragraph (c)-- 5 omit, insert-- 6 `(c) the Central Queensland Ports Authority; or'. 7 Part 4 Amendment of Transport 8 Operations (Marine Safety) Act 9 1994 10 Clause 18 Act amended in pt 4 11 This part amends the Transport Operations (Marine Safety) 12 Act 1994. 13 Clause 19 Amendment of s 3 (Objectives of this Act) 14 (1) Section 3(1), after `overall'-- 15 insert-- 16 `primary'. 17 (2) Section 3-- 18 insert-- 19 `(4A) A further objective of this Act is to manage the operation and 20 activities of ships.'. 21 Clause 20 Amendment of s 29 (Achieving an appropriate balance 22 between safety and cost) 23 Section 29(1), after `is'-- 24 insert-- 25 `primarily'. 26
s 21 47 s 22 Transport Infrastructure and Other Legislation Amendment Bill 2005 Clause 21 Amendment of s 197 (Proceedings for indictable 1 offences) 2 Section 197(2)(b), first occurring-- 3 renumber as section 197(2)(a). 4 Clause 22 Amendment of s 218 (Other matters for regulations) 5 Section 218-- 6 insert-- 7 `(2) Also, a regulation may make provision about the operation 8 and activities of ships not otherwise provided for under 9 sections 208 to 217. 10 11 Examples for subsection (2)-- 12 � provision about amenity 13 � provision about zones and controlling the operation of ships in the 14 zones'. � State of Queensland 2005
AMENDMENTS TO BILL
1 Transport Infrastructure and Other Legislation Amendment Bill 2005 Transport Infrastructure and Other Legislation Amendment Bill 2005 Amendments agreed to during Consideration 1 Clause 17-- At page 45, after line 18-- insert-- `charterer, of an aircraft, for chapter 8, part 3A, does not include a person who hires, as part of the same transaction, the aircraft and the services of a pilot for the aircraft.'.
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