Rules and Safety | Port of Brisbane

Rules

The Manly, Scarborough, Cabbage Tree Creek, Gardens Point Boat Harbours and Dunwich One Mile Boat Haven Jetty (as delineated on Plan No. 1543-19, SI.7758, H81 and H110 respectively) are under the control of the Port of Brisbane Corporation. The use of these areas is governed by the Act, any regulations made under that Act, and these Rules.

Capitalised expressions in these Port of Brisbane Corporation Boat Harbour – Rules and Regulations (the Rules) have the meaning given to those terms in the definitions listed below;
A person must not moor a vessel within a Boat Harbour without the approval of the Corporation or any lessee of the Boat Harbour.
A person must not assign or sublet a Mooring Right within a Boat Harbour without the approval of the Corporation or any lessee of the Boat Harbour.
A person must not place a Mooring, anchor or other fixture in or on a Boat Harbour without the approval of the Corporation. Exceptions may be made in emergent situations.
A person must not Moor a vessel to any public Mooring within a Boat Harbour except for the following purposes:

taking on board stores, water or fuel;
off loading or loading cargo or goods; or
embarking or disembarking passengers.

The maximum time permitted alongside is one (1) hour.

A person who uses a public jetty in a Boat Harbour for commercial purposes must pay the Corporation a fee as determined by the Corporation or the Chief Executive Officer of the Corporation from time to time.
Where a person is granted Mooring Right or a Casual Mooring Permit, the person must pay to the Corporation a mooring fee as as determined from time to time by the Corporation.
All fees must be paid in advance.
Subject to clause 10 below, fees are non-refundable.
Where a Mooring Right is terminated by the holder of the Mooring Right, by giving one month's written notice to the Corporation, within a period of three months after the commencement date of the Mooring Right, the holder of the Mooring Right is entitled to a pro-rata refund of the balance of the period calculated in whole months.
A person must not double up vessels on a Mooring in a Boat Harbour.
Where the Corporation terminates a Mooring Right or other agreement between the Corporation and any person in relation to a Mooring Right, all vessels moored at the Mooring and all other property must be removed as soon as practicable following termination and within the time period specified by the Corporation by notice in writing.
Mooring lines must be of a suitable size and condition to ensure the safety of the vessel.
A person must not stage or promote any aquatic event within a Boat Harbour without prior approval of the Corporation or any lessee of the Boat Harbour.
A person must not use or attempt to use a sailboard or a windsurfer in a Boat Harbour.
A person must not navigate a vessel carelessly, recklessly or sail in a Boat Harbour for any purposes other than access and egress.
A person must not discharge litter, bilge water and/or other foreign material overboard from a vessel when moored within a Boat Harbour.
A person must not carry out major maintenance or repairs to any vessel in a Boat Harbour except in a part of the Boat Harbour designated by the Corporation or any lessee of the Boat Harbour specifically for that purpose.
A person must not use a public boat ramp in a Boat Harbour except for the purpose of launching or retrieving a vessel. The combined weight of the vessel and vehicle must not exceed three (3) gross tonnes, Persons who use the ramp must not unnecessarily impede or obstruct the use of the ramp by other users.
An Authorised Officer may control the mooring, unmooring and activity on or by vessels moored in a Boat Harbour.
The owners, master or crew of a vessel moored within a Boat Harbour or any other person who accesses or uses a Boat Harbour facility must comply with any reasonable direction given by an Authorised Officer.
A person must not live aboard any vessel anchored or moored within a boat harbour for a period in excess of forty-eight (48) hours over any seven (7) consecutive days.
Any person who causes wilful damage to Corporation property or property associated with the running of a Boat Harbour is liable to the penalties as prescribed in Section 177 of the Transport Infrastructure Act 1994.

DEFINITIONS

Act	means the Transport Infrastructure Act 1994 as amended from time to time.
Anchor	means the act of securing any vessel to a Boat Harbour floor in a temporary or permanent manner.
Aquatic Event	means any on or in water promotion or event whether of a commercial or non-commercial nature.
Authorised Officer	means an authorised officer pursuant to Chapter 8 of the Act.
Boat Harbour	means the Manly Boat Harbour, the Scarborough Boat Harbour, the Cabbage Tree Creek Boat Harbour, the Gardens Boat Harbour or the Dunwich One Mile Boat Haven Jetty.
Casual Mooring Permit	means the right granted by the Corporation or an Authorised Officer to moor a vessel in a Boat Harbour on a daily, weekly or monthly basis.
Corporation	means the Port of Brisbane Corporation established under the Government Owned Corporations Act 1993 and also operating under the provisions of the Transport Infrastructure Act 1994.
Moor	means the act of securing any vessel to a Mooring.
Mooring	means any wharf, jetty, pile, pontoon, buoyed anchor or floating marina berth.
Mooring Right	means a right granted by the Corporation to moor a vessel in a Boat Harbour.

BREACHES AND PENALTIES

Any person who contravenes or fails to comply with any provisions of this port notice is guilty of an offence under the Act.

Maximum penalties for such offences are:

Where the offence relates to the movement, mooring of, or other activities on or by, a ship – 100 Penalty Units.
Where the offence relates to the movement, handling or storage of goods: - 50 Penalty Units.
Where the offence related to any other matter dealt with in this notice: - 25 Penalty Units.

As 1 April 2002, a Penalty Unit is $75.00.

By order of the Chief Executive Officer.