Queensland Consolidated Acts

TRANSPORT INFRASTRUCTURE ACT 1994 - SECT 267

In this chapter—

charge means an amount charged by a port authority or relevant entity.

completion day, in relation to the Port of Brisbane, means the beginning of the day of the first declaration of a port lessee for the port under section 289Y.

corporate plan means a corporate plan required by the Government Owned Corporations Act 1993.

extractive material means sand, gravel, boulders, clay, silt, mud or other material in or on land under tidal water, but does not include a mineral within the meaning of the Mineral Resources Act 1989.

land means any land, whether above or below the ordinary high water mark at spring tides.

Land Act means the Land Act 1994.

lease includes a sublease.

port agreement see section 279B.

port area see section 267AA.

port entity—

(a) in relation to a port, other than the Port of Brisbane, means the port authority; or

(b) in relation to the Port of Brisbane, means each of the following—

(i) the port lessor;

(ii) a port lessee;

(iii) a port manager.

port facilities see section 267A.

port lessee means an entity declared to be a port lessee under section 289Y.

port lessor means an entity declared to be the port lessor under section 289Y.

port manager means an entity appointed as a port manager under section 289ZA.

port operator means—

(a) a port lessee or port manager to whom functions have been delegated under section 289Z; or

(b) otherwise—the port lessor.

port services includes the following services relating to the management of a port area or port facilities—

(a) monitoring and management of the movement of vessels, vehicles, goods and people in the port area;

(b) services in relation to port facilities;

(c) services in relation to dredging;

(d) services in relation to reclaiming land;

(e) management, monitoring or administration of the use of, and access to, port facilities;

(f) security services and security monitoring services in the port area;

(g) services relating to the safety of persons or things in the port area;

(h) services relating to the preservation of the environment;

(i) issuing, and monitoring the use of, security identification;

(j) traffic control services;

(k) emergency services;

(l) processing applications, reporting information and attending to other administrative matters for the management of the port.

port user includes the following—

(a) the owner, master or agent of the owner of a vessel or vehicle using port facilities or port services;

(b) the owner, consignor or consignee or person entitled to possession of goods located in or passing through the port area;

(c) the agent of a person mentioned in paragraph (b);

(d) a lessee or licensee of any part of the port area (other than a port operator or the port lessor) and their invitees.

relevant entity see section 279A(1).

requirement, of a port notice, includes a direction, instruction, indication, condition or other provision contained in the port notice.

ship has the same meaning as in the Transport Operations (Marine Safety) Act 1994.

statement of corporate intent means a statement of corporate intent required by the Government Owned Corporations Act 1993.

strategic port land means land that is strategic port land under section 286 (Approval of land use plans).

sublease includes the following—

(a) any derivative under lease;

(b) a concurrent lease;

(c) a concurrent lease of any derivative under lease.

trade lease means a lease of land under the Land Act that was transferred, whether before or after the commencement of section 477C, from the Port of Brisbane Corporation to the Urban Land Development Authority under the Infrastructure Investment (Asset Restructuring and Disposal) Act 2009.

vessel includes a boat, ship, seaplane, hovercraft or amphibious craft.