Queensland Consolidated Acts Queensland Consolidated Actsact includes an omission.
agent, of a ship's owner, see section 7.
analyst means a person who is appointed as an analyst under section 132B.
approved, for a form or notice, means approved by the chief executive.
Australian Maritime Safety Authority means the Australian Maritime Safety Authority established by the Australian Maritime Safety Authority Act 1990 (Cwlth).
authorised action, for part 13A, for a prescribed applicant, means action the prescribed applicant is authorised to take by a District Court order made under section 117GA(1).
authorised officer means a person who is appointed as an authorised officer under section 72.
boat harbour means a non-State managed boat harbour or a State managed boat harbour under the Transport Infrastructure (Public Marine Facilities) Regulation 2000.
canal see the Coastal Protection and Management Act 1995, section 9.
cargo, for part 12, division 7, see section 97.
certified to carry noxious liquid substances, for a ship, means issued with an International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk.
coastal waters means the coastal waters of the State, and includes other waters within the limits of the State that are subject to the ebb and flow of the tide.
Note—
Coastal waters of the State is defined in the Acts Interpretation Act 1954, section 36.
Commonwealth Navigation Act means the Navigation Act 1912 (Cwlth).
condition includes restriction.
convicted, of an offence, means being found guilty of the offence, on a plea of guilty or otherwise, whether or not a conviction is recorded.
culpable person, for part 7, see section 45.
damage, in an express reference to damage to a ship or its equipment, does not include any existing defect in the ship or its equipment resulting from an event, a lack of maintenance or anything else.
declared ship, for part 7 and section 160, see section 45.
designated area means each of the following areas—
(a) the marine national park zone under the Marine Parks (Moreton Bay) Zoning Plan 2008;
(b) the Noosa River;
(c) the marine national park zone, under the Marine Parks (Great Sandy) Zoning Plan 2006, located near Burkitt's Reef, Hoffman's Rocks or Barolin Rock, adjacent to the Woongarra Coast;
(d) an area within the Great Barrier Reef Coast Marine Park prescribed under a regulation.
discharge see MARPOL.
discharge expenses, for part 13, see section 111.
discharge offence see—
• for part 4—section 24
• for part 5—section 33
• for part 6—section 40
• for part 7—section 45
• for part 8—section 53
• for part 9—section 59
• for part 11—section 67(1)
• for section 84—section 84(6)
• for part 13—section 111.
disclosing person see section 128C(1).
division 3 undertaking see section 117H(2)(b).
enforcement order means an order of the District Court under part 13A, division 2—
(a) to remedy or restrain the commission of a notice offence or a contravention of an intervention direction; or
(b) to ensure compliance with a division 3 undertaking.
environment includes ecosystems.
executive officer, of a corporation, means a person who is concerned with, or takes part in, the corporation's management, whether or not the person is a director or the person's position is given the name of executive officer.
fixed toilet, on a ship, means a toilet fixed permanently on board the ship.
garbage see MARPOL and, for part 8, section 53.
general manager means the general manager under the Maritime Safety Queensland Act 2002.
Great Barrier Reef Coast Marine Park means the marine park described in the Marine Parks (Declaration) Regulation 2006, schedule 2.
gross tonnage, for a ship, means the ship's gross tonnage decided under the Tonnage Measurement Convention within the meaning of the Commonwealth Navigation Act.
harmful substance see MARPOL and—
• for part 6—section 40
• for part 11—sections 67 and 40.
IMO means the International Maritime Organization.
incident see MARPOL.
interim enforcement order means an order under section 117D.
Intervention Convention for part 12, division 7, see section 97.
intervention direction means a direction issued under section 98(2)(b) of the kind authorised under section 99.
length overall, of a ship, see section 7A.
marina means a buoy mooring, jetty or pile mooring or combination of them where, for a fee or reward, a ship is, or may be, anchored, berthed or moored.
marine pollution controller see section 93A.
Marine Safety Act means the Transport Operations (Marine Safety) Act 1994.
maritime casualty, for part 12, division 7, see section 97.
MARPOL has the meaning given by section 6.
master has the meaning given by the Marine Safety Act.
mixture, for part 5, see section 33.
MSQ means Maritime Safety Queensland established under the Maritime Safety Queensland Act 2002.
n mile means an international nautical mile.
notice offence means an offence against any of the following provisions constituted by a person contravening an approval, direction, notice, requirement or order given to the person under this Act—
* section 63(5)
* section 66(5)
* section 84(3)
* section 84(5)
* section 89(2)
* section 95(6)
* section 96(3)
* section 103(2).
noxious liquid substance see MARPOL and—
• for part 5—section 33
• for part 9—sections 59 and 33
• for part 11—sections 67(1) and 33.
obstruct includes—
(a) assault, threaten, abuse, insult, intimidate or hinder; and
(b) attempt to obstruct.
occupier, of a place, includes a person who reasonably appears to be the occupier, or in charge, of the place.
official, for part 14A, see section 128A.
oil see MARPOL and—
• for part 4—section 24
• for part 5—sections 33 and 24
• for part 9—sections 59 and 24
• for part 11—sections 67 and 24.
oil tanker see MARPOL.
owner, of a seized thing, includes the person from whom the thing is seized unless the authorised officer concerned is aware of its actual owner.
owner, of a ship, has the meaning given by the Marine Safety Act.
person in control, of a ship, includes the person who has, or reasonably appears to have, command or charge of the ship.
place includes land and premises, but does not include a ship.
pollutant means a harmful substance, and includes sewage.
port authorised officer, for part 17, division 2, means a person who was, immediately before the commencement of section 145, an authorised officer appointed by the chief executive officer of a port authority.
port authority has the meaning given by the Transport Infrastructure Act 1994.
port limits of a port means the limits of the port under the Transport Infrastructure Act 1994.
port operator has the meaning given in the Transport Infrastructure Act 1994, section 267.
premises includes—
(a) a building or other structure or part of a building or other structure; and
(b) land where a building or other structure is situated.
prescribed applicant, for part 13A, means any of the following—
(a) the chief executive;
(b) the general manager;
(c) the marine pollution controller.
prohibited discharge waters means waters of any of the following—
(a) a boat harbour;
(b) a canal;
(c) a marina;
(d) a designated area.
public place means any place that the public is entitled to use, is open to the public, or used by the public, whether or not on payment of money.
QCAT information notice means a notice complying with the QCAT Act, section 157(2).
related Queensland interests means Queensland interests directly affected or threatened by a maritime casualty, and include—
(a) maritime coastal, port or estuarine activities, including, for example, fishing activities, that are an essential means of livelihood for persons; and
(b) tourist attractions; and
(c) the health of Queenslanders and the wellbeing of Queensland.
reportable incident, for part 11, see section 67.
representative, of a person, means—
(a) if the person is a corporation—an executive officer, employee or agent of the corporation; or
(b) if the person is an individual—an employee or agent of the individual.
reprisal, for part 14A, see section 128E(3).
sewage has the meaning given in Annex IV to MARPOL, and includes human faecal wastes.
sewage holding device, for part 7, see section 45.
sewage quality characteristics means any of the following—
(a) faecal coliforms;
(b) suspended solids;
(c) biochemical oxygen demand;
(d) dissolved oxygen;
(e) total nitrogen;
(f) total phosphorus;
(g) total residual chlorine;
(h) viruses;
(i) another thing prescribed under a regulation.
ship has the meaning given by MARPOL, and includes an aircraft when it is on the surface of the water.
state of mind, of a person, includes—
(a) the person's knowledge, intention, opinion, belief or purpose; and
(b) the person's reasons for the intention, opinion, belief or purpose.
territorial sea means the territorial sea of Australia.
toilet includes urinal.
transfer apparatus, for part 9, see section 59.
transfer operation, for part 9, see section 59.
transport coordination plan means the transport coordination plan developed under the Transport Planning and Coordination Act 1994.
treated sewage means sewage that has been treated in a treatment system so that the levels of sewage quality characteristics in the sewage are reduced to not more than the levels prescribed under a regulation.
treatment system means a system, installed on a ship, for treating sewage that—
(a) is able to reduce the levels of sewage quality characteristics in sewage to not more than the levels for treated sewage; and
(b) conforms with the standard prescribed under a regulation.
untreated sewage means sewage, other than treated sewage.