Subordinate legislation tabled between 15 February 2017 and 28 February 2017

Report No. 41, 55th Parliament Public Works and Utilities Committee May 2017 Public Works and Utilities Committee

Chair Mr Shane King MP, Member for Kallangur

Deputy Chair Mr Robert Molhoek, Member for Southport

Members Mr Jason Costigan MP, Member for Whitsunday

Mr Matt McEachan MP, Member for Redlands

Ms MP, Member for Lytton

Mr MP, Member for Murrumba

Contact details Public Works and Utilities Committee Parliament House George Street Brisbane Qld 4000

Telephone +61 7 3553 6633 Email [email protected] Web http://www.parliament.qld.gov.au/work-of-committees/committees/PWUC

Subordinate legislation tabled between 15 February 2017 and 28 February 2017

1. Introduction

Role of the Committee The Public Works and Utilities Committee is a portfolio committee established by the Legislative Assembly of Queensland on 27 March 2015. The committee’s primary areas of responsibility are Main Roads, Road Safety, Ports, Energy and Water Supply; and Housing, Public Works and Sport.1 Pursuant to section 93(1) of the Act 2001, the committee is responsible for examining each item of subordinate legislation within its portfolio areas and considering: . the policy to be given effect by the legislation . the application of fundamental legislative principles (FLPs) to the legislation, and . the lawfulness of the subordinate legislation. Section 93(2)(a) of the Parliament of Queensland Act 2001 confers responsibility on the committee to monitor the content of explanatory notes in its portfolio areas to ensure they comply with part 4 of the Legislative Standards Act 1992.

Aim of this report This report advises on subordinate legislation examined and, where applicable, presents any concerns the committee has identified, in respect of subordinate legislation tabled between 15 February 2017 and 28 February 2017. 2. Subordinate Legislation

Summary of subordinate legislation examined

SL No. 020 Tabling Date: 28 February 2017 Disallowance Date: 15 June 2017

Title Transport Legislation Amendment Regulation (No. 1) 2017

Objectives The key objective of the Regulation is to provide for the establishment of a compulsory pilotage area for coastal waters surrounding a proposed bauxite export facility on the eastern coast of the Gulf of Carpentaria. The Regulation will: • create the Amrun pilotage area and designate the entire area as a compulsory pilotage area. As a result any ship within the area that is 50 metres or more in length will be required to have a qualified marine pilot (supplied by the responsible pilotage entity for the area) on board • prescribe RTA Weipa Pty Ltd as the responsible pilotage entity for the area. RTA Weipa Pty Ltd will be responsible for arranging for the provision of pilotage services for its private export facility, and • exempt ships using the compulsory pilotage area from the payment to the State of conservancy dues. The Regulation also amends the Transport Operations (Road Use Management— Driver Licensing) Regulation 2010 to remove, from all sections dealing with an administrative application process, the requirement that the application be made using an ‘approved form’. The Regulation inserts a new part 16A that will instead regulate how applications are to be made. This will allow the Department of Transport and Main Roads to make available to customers more convenient ways of making an application in appropriate circumstances.

1 Schedule 6 – Portfolio Committees, Standing Rules and Orders of the Legislative Assembly as amended on 14 Feb 2017. Public Works and Utilities Committee 1 Subordinate legislation tabled between 2 November 2016 and 14 February 2017

Committee The committee was satisfied that there were no issues of fundamental legislative comment principle detected and that the explanatory notes tabled comply with part 4 of the Legislative Standards Act 1992 and comprehensively address issues of fundamental legislative principle as referenced above.

3. Recommendation

Recommendation The Public Works and Utilities Committee recommends that the Legislative Assembly note: . the Transport Legislation Amendment Regulation (No. 1) 2017, and . the committee did not identify any significant issues regarding the policy to be given effect by the subordinate legislation, the application of fundamental legislative principles to it, or its lawfulness.

Mr Shane King MP Chair

2 Public Works and Utilities Committee