Memorandum of Understanding for the Gold Coast …/media/msqinternet/msqfiles...Memorandum of Understanding for the Gold Coast Waterways Steering Committee 4 MOU means this document

GOLD COAST WATERWAYS STEERING COMMITTEE

MEMORANDUM OF UNDERSTANDING FOR THE

ESTABLISHMENT AND OPERATION OF THE STEERING COMMITTEE

between

STATE OF QUEENSLAND acting through:

DEPARTMENT OF TRANSPORT AND MAIN ROADS, DEPARTMENT OF ENVIRONMENT AND RESOURCE MANAGEMENT,

DEPARTMENT OF EMPLOYMENT, ECONOMIC DEVELOPMENT AND INNOVATION

and

GOLD COAST CITY COUNCIL

and

Boating Industry Association Queensland Ltd trading as MARINE QUEENSLAND

Memorandum of Understanding for the Gold Coast Waterways Steering Committee

2

THIS MEMORANDUM is made BETWEEN: STATE OF QUEENSLAND (The State)

acting through: Department Of Transport and Main Roads (TMR), Department Of Environment and Resource Management DERM), Department Of Employment, Economic Development and Innovation (DEEDI).

AND: GOLD COAST CITY COUNCIL (GCCC) AND: MARINE QUEENSLAND PTY LTD (MQ) PURPOSE:

The purpose of this Memorandum of Understanding (MOU) is to set out the manner in which the State of Queensland (The State), Gold Coast City Council (GCCC), and Marine Queensland (MQ) will work together to plan, fund, develop and maintain coastal, foreshore and waterway infrastructure within Gold Coast City.

BACKGROUND: A. The State, GCCC and MQ are committed to improving the provision and quality of

coastal, foreshore and waterway infrastructure within Gold Coast City. In doing so, the parties are mindful of the need to identify infrastructure priorities and value for money opportunities having due regard for:

• improving accessibility throughout Gold Coast waterways and to adjacent inland waterways and coastal waters;

• recognised environmental values, coastal processes and amenity;

• contributing to a sustainable community and healthy lifestyle by providing waterway access to natural open space areas and recreational facilities;

• contributing to continued economic prosperity of the Gold Coast and Queensland by supporting employment within the marine, tourism, and development sectors.

B. The State (TMR) and GCCC entered into a Heads of Agreement, on 06 July 2009, to guide the preparation of this Memorandum of Understanding.

C. The State, GCCC and MQ have prepared this Memorandum of Understanding to provide agreed key principles, scope and governance arrangements for the establishment and ongoing operation of a joint Steering Committee to oversee coastal, foreshore and waterway infrastructure work on the Gold Coast.

D. This Memorandum of Understanding also provides agreed principles for funding contributions managed by the Steering Committee. A Funding Agreement has been prepared to address funding administrative matters between funding parties.

E. The parties agree to use their best endeavours to establish the Steering Committee in a timely manner, meet their respective commitments and adhere to the principles contained in this MOU.


3

AGREED TERMS: 1. DEFINITIONS & INTERPRETATION

In this MOU, the following definitions will apply:

ANS Gold Coast Waterways Access Needs Study;

Business Day means any day that is not a Saturday, Sunday, or a public holiday within the Gold Coast Local Government Area;

Commencement Date means the date at which all parties have signed the MOU or if signed on different dates, the date the last Party signs the MOU;

Confidential Information means all information that is by its nature confidential and which:

• is designated or marked by a Party as confidential; or

• a Party knows or ought to know is confidential,

• but does not include information which is or becomes public knowledge other than by breach of this MOU or any other confidentiality obligation or is otherwise required to be disclosed by law;

DEEDI means the Queensland Department of Employment, Economic Development and Innovation;

DERM means the Queensland Department of Environment and Resource Management;

Financial Year means each period from 1 July to the following 30 June;

Funding Parties means TMR (The State), GCCC and MQ;

Funding Agreement means the separate agreement between the Funding Parties in relation to this MOU, signed by the Parties on 15 July 1010;

GCCC means the Gold Coast City Council;

Gold Coast means the Gold Coast Local Government Area and associated waterways;

Intellectual Property Rights includes all copyright (including rights in relation to phonograms and broadcasts), all rights in relation to inventions (including patent rights), plant varieties, registered and unregistered trademarks (including service marks), registered designs, circuit layouts, and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields;

Marina Owner Levy means the marina owner levy as defined by the Transport Infrastructure Act 1994 Transport Infrastructure (Gold Coast Waterways) Management Plan 2000;

MIM means Southern Moreton Bay to Broadwater Marine Infrastructure Masterplan;


4

MOU means this document and includes all schedules to this document;

MQ means Boating Industry Association Queensland Ltd trading as Marine Queensland;

Navigation Channel means a navigation channel identified by the Gold Coast Waterways Access Needs Study or as identified by the Gold Coast Waterways Steering Committee;

Party/Parties means the organisation/s that is/are signatories to this MOU;

Project Manager means the nominated officer accountable for a particular project as identified by the Steering Committee. The Project Manager has overall responsibility for resources, consultants, budget and timeframe in accordance with an agreed project plan approved by the Steering Committee;

Project Proposal refers to a submission to the Steering Committee made in accordance with the Funding Agreement on the appropriate schedule or an alternative approved mechanism;

Responsible Organisation is the Party, or other authorised government entity, that has been assigned to undertake work on behalf of the Steering Committee;

Representative means an employee, agent, officer, director, auditor, adviser, partner, consultant, contractor, joint venturer, sub-contractor or other representative of a Party;

Schedule refers to the schedules to this MOU. Schedules may be amended as agreed by the Steering Committee;

Steering Committee means the committee of representatives established to implement an agreed coastal, foreshore and waterway infrastructure program in accordance with clause 4.1 of the MOU;

Term refers to the period described in subclause 3.2;

Terms of Reference means the operational guidelines to be endorsed by the Steering Committee and attached as a Schedule to this MOU;

The State means The State of Queensland represented by DERM, DEEDI and/or TMR;

TMR means the Queensland Department of Transport and Main Roads;

VfM Framework means the document entitled ‘Public Private Partnerships Guidance Material - Value for Money Framework’ and the PPP Guidance Material: Supporting Documents published by the State in August 2002 as revised from time to time;

Working Group means a group established under this MOU to address a common interest issue, such as navigation channel dredging. A working group is established to provide technical advice and recommendations to the Steering Committee.


5

2. SCOPE

2.1 This MOU is limited in its intent to the activities and funding arrangements related to the Gold Coast Waterways Steering Committee.

2.2 The Steering Committee will oversee a program of shared interest projects that relate to tidal waterways, coastal and foreshore areas within Gold Coast City.

2.3 The Steering Committee will share knowledge and information, identify suitable projects of shared interest; allocate funding and coordinate resources; prioritise works; undertake studies; and oversee the delivery and maintenance of infrastructure.

2.4 The Steering Committee may identify management issues related to the program of work, consider strategies to address these issues and report findings back to the State (TMR) and Council for consideration.

2.5 The Steering Committee may decide to amend its scope and membership to include Redland City Council in future. Any change of scope will not be undertaken unless equitable funding and resource allocations are made by the Parties, including Redland City Council, as agreed to by all Parties.

3. TERM

3.1. The inaugural Steering Committee meeting will be held as soon as possible following the execution of this MOU by all Parties, to consider a preliminary infrastructure program for the 2010 – 2011 financial year.

3.2. The term of this MOU commences on the Commencement Date of this MOU and is ongoing until such a time as the MOU is terminated.

4. GOVERNANCE ARRANGEMENT

4.1 The Steering Committee is comprised of the following membership (or delegate):

i Director General Department of Transport (Chair, or as decided);

ii Director General Department of Environment and Resource Management;

iii Director General Department of Employment, Economic Development and Innovation;

iv Chief Executive Officer, Gold Coast City Council; and

v Chief Executive Officer, Marine Queensland.

4.2 Steering Committee members will work together in good faith with respect for each other. In this context good faith includes, but is not limited to:

i acting fairly, reasonably and honestly;

ii doing all things reasonably to be expected in the context of this MOU;

iii giving as much weight to the interests of the Steering Committee as to the party’s own interests;


6

iv providing advice and working constructively to resolve issues in a timely manner; and

v not impeding or restricting another party’s performance of its obligations under this MOU.

4.3 Each Party (including its delegate member of the Steering Committee) must take all steps, execute all documents and do everything reasonably required to give effect to this MOU.

4.4 Decisions will be made in good faith on a majority vote basis, having due regard for source of funds and any associated limitations on the use of these funds by the Steering Committee.

4.5 To avoid any doubt, nothing in this MOU, including a decision made on a majority vote basis under clause 4.4, will act as a fetter or an estoppel about the exercise of a discretion or the making of a decision under Queensland law in respect of the Parties, or will prevent the Parties from fulfilling their statutory obligations.

4.6 Each Party is to be a champion of the Steering Committee within their respective organisations and in the public realm.

4.7 Steering Committee members or delegates will:

i Attend all meetings;

ii Review documents;

iii Report back to their respective organisation; and

iv Support the Steering Committee as required.

4.8 The Steering Committee will:

v Allocate funds to undertake studies for infrastructure planning and permitting purposes; infrastructure delivery; navigation channel maintenance; and for administrative purposes;

vi Share knowledge and information to enable the Parties to perform their obligations under this MOU;

vii Elect a Chair for a period of 12 months. The Steering Committee Chair is responsible for secretariat support to set meetings, prepare and distribute an agenda and minutes for each meeting;

viii Oversee and provide direction to Working Groups with regard to a program of work, project priority, resource coordination and funding;

ix Endorse a Terms of Reference Schedule for each Working Group and ensure nominated resources are provided for by the respective parties;

x Review the role, need and performance of the Working Group on an annual basis;


7

xi Assign a responsible organisation and project manager for each project having regard for capability, experience, risk, funding provision, and procurement opportunities;

xii Provide direction on all significant project scope issues;

xiii Provide direction on all significant project budget issues including approval of variations over 10%, or as determined by the Steering Committee for a particular project;

xiv Provide direction on any other significant issues impacting on project procurement;

xv Resolve any issues that cannot be resolved at Working Group level; and

xvi Receive minutes and/or reports from each Working Group.

4.9 The Steering Committee shall undertake its function in accordance with State and GCCC objectives and policies.

4.10 Steering Committee meetings are to be held on a quarterly basis or as determined by the Steering Committee.

4.11 A Party must advise the Steering Committee of any Conflict of Interest that exists or may be perceived to exist with an item to be discussed by the Steering Committee. A Party with a Conflict of Interest will be excluded from Steering Committee consideration of the relevant item.

4.12 The Steering Committee will provide confirmed meeting minutes to the Minister for Transport and GCCC following each meeting in a timely manner.

4.13 The Steering Committee will approve various Working Groups, as deemed necessary from time to time to provide advice and carry out work under this MOU.

4.14 Each Party will provide resources to support the effective function of the Working Groups, including providing core members as specified in the attached schedules.

4.15 Working Groups will:

i Implement the directions of the Steering Committee;

ii Present meeting minutes to the Steering Committee which will include project opportunities, project priority recommendations, estimated budget and funding opportunities, project progress, and any other relevant issues. Project management plans (which consider as a minimum responsible organisation, risk, resources, funding, media/communication and information management matters) will also be provided as required;

iii Draft a Terms of Reference for endorsement of the Steering Committee. The Terms of Reference will form a schedule to this MOU;

iv Undertake research and targeted consultation to identify issues and consider project opportunities;


8

v Share knowledge and work together in good faith with respect for one another; and

vi Elect a Chair for a period of 12 months. A Working Group Chair is responsible for secretariat support to set meetings, prepare and distribute an agenda and minutes for each meeting. A Working Group Chair will also report back to the Steering Committee on behalf of the Working Group.

4.16 All officers undertaking work for the Steering Committee remain directly accountable to their respective organisations.

4.17 Working Groups may also involve individuals or representatives from organisations or the community not party to this MOU.

4.18 The State and GCCC will delegate liaison officers to coordinate work between the Working Groups and to facilitate effective cross communication between the Parties. Liaison officers may attend Steering Committee meetings as non – voting members and act as representatives of the Steering Committee to the Working Groups as required to communicate decisions or coordinate requests. At least one liaison representative must be in attendance at all Working Group meetings.

4.19 Project agreements may be established between Parties which clearly stipulate obligations, interests and responsibilities separate to this MOU.

4.20 A diagrammatic Governance Structure is included at SCHEDULE 1.

4.21 The Steering Committee may amend this MOU as agreed by all Parties.

5. FUNDING AND PROCUREMENT

5.1. Funding contributions and funds administration for the Steering Committee are to be in accordance with the Funding Agreement.

5.2. Additional funding may be sought by the Steering Committee from the Parties on a project basis, or from other sources such as grants or PPPs. The Steering Committee will address the State’s VfM Framework, as appropriate, when considering PPP arrangements.

5.3. Procurement shall be undertaken by the State or GCCC noting that GCCC must comply with its enabling legislation that may impose greater constraints than may apply to the State.

5.4. Only legitimate expenses invoiced and subsequently certified by the Steering Committee, or its delegate, as being consistent with the agreed budget may be drawn down against the budget.

5.5. In the event that this MOU is terminated per section 12, the pooled funds shall be used to satisfy all outstanding obligations, after which the balance of funds shall be returned to the contributing parties, in proportion to their respective contributions for the most recent fiscal year, unless the Steering Committee should unanimously decide on a different mechanism.


9

6. INFORMATION MANAGEMENT AND CONFIDENTIALITY

6.1. The Steering Committee will keep complete and accurate records of meetings and decisions. An agenda will be set for all meetings and minutes kept. A record of each meeting will be circulated by the Chair to all Parties. The Steering Committee records will be maintained by the Department of Transport and Main Roads.

6.2. Minutes, reports and other recorded information will be made available to the Parties upon request and within a reasonable timeframe.

6.3. Minutes, reports and other non confidential information will be publically available. The Steering Committee may also received correspondence directly from community stakeholders.

6.4. The Parties will disclose, in a timely manner, all relevant information and data required to support the operations of the Steering Committee and its Working Groups in accordance with this MOU.

6.5. The Parties acknowledge that this MOU (or any part of it) may be disclosed under the Right to Information Act 2009 (RTI Act) and the Parties representing the State provide no guarantee that any information (including Confidential Information provided under this MOU) provided by a Party will be protected from disclosure under the RTI Act.

6.6. If disclosure under the RTI Act, and/or general disclosure of information provided by a Party in connection with this MOU, would be of substantial concern to that Party, because it would disclose trade secrets, information of commercial value, the purpose or results of research or other information of a confidential nature, this should be indicated by that Party.

6.7. Each Party will treat all Confidential Information owned by the other Party as confidential and will not, without the prior written consent of the other Party (not to be unreasonably withheld or delayed) disclose or permit the Confidential Information to be disclosed to any other person.

6.8. A Party is not in default under clause 6.7 if Confidential Information:

i is disclosed by a Party:

(a) to its Representatives or advisers who are bound to keep the information confidential; and

(b) solely in order to comply with its obligations, or to exercise its rights, under this MOU;

ii is disclosed by either Party to its responsible Minister administering the Party from time to time;

iii is disclosed by either party, in response to a request by the House or a Committee of the Parliament of the State;

iv is shared by a Party within its own organisation, or with another agency, where this serves the State's legitimate interests;


10

v is required or compelled by an order of a court or by any law to be disclosed; or

vi is necessary for the conduct of any legal proceedings arising in relation to this MOU.

6.9. Working Groups will provide minutes of meetings and other relevant information to the Steering Committee.

6.10. Project records will be kept and maintained by the responsible organisation in accordance with an approved project management plan. These records will be made available, within a reasonable time, to the Parties upon request. Auditable financial records will be kept of all project expenditure where funding has been provided to a project by the Steering Committee.

7. COMMUNICATION, MEDIA PROTOCOL AND PUBLICITY

7.1. The following provisions reflect the intent of the Parties, but are made in recognition of the Parties’ respective limits to control matters that may, for example, reside with the elected government, rather than the Department or its appointed officers.

7.2. Subject to relevant media contact protocols established by their respective organisations, no Steering Committee or Working Group member shall publically speak on behalf of the Steering Committee unless directed to do so by the Steering Committee, either on an ad hoc basis, or as established by the communication strategy discussed below.

7.3. A communication strategy will be established by the Steering Committee that addresses the following key principles:

i Shared responsibility and accountability;

ii Strategic Planning and early identification of media opportunities;

iii Joint media releases agreed to by the State, GCCC and MQ representatives;

iv The Director General Department of Transport and the CEO GCCC are joint spokespersons for the Steering Committee;

v Efficient media release drafting process to respond to media enquiries in a timely manner;

vi For each project the responsible organisation shall nominate a media officer unless agreed otherwise;

vii Circulation of media releases to relevant elected representatives prior to provision to the media; and

viii Equitable advertising (e.g. at project sites, within publications, media or at events).

7.4. Wherever possible, the Parties will keep each other informed of any media enquiries received about the Steering Committee or any of the jointly funded or managed infrastructure projects.


11

7.5. The Parties must acknowledge the financial and other support provided by one another to the Steering Committee as equals. All media, publication and communication material produced by, or on behalf of, the Steering Committee must incorporate, in equal proportions, the State, GCCC and MQ Logos.

7.6. At sites where activities are funded, in whole or in part, by the Steering Committee, including media or related events, signage shall be erected and maintained in accordance with approved Project Proposals.

7.7. Signage is to be displayed in public view where the activity is taking place. The signage shall be maintained for a period of time agreed to by the Steering Committee on a project by project basis.

7.8. Recognition of the Steering Committee must be made in all publications, promotional material, correspondence, and information displays where activities are funded or supported by the Steering Committee.

7.9. No Party may use another Party’s logo without the prior authorisation of the Steering Committee.

7.10. The Steering Committee will determine an agreed date where projects or activities involve an Official Opening or public function.

7.11. A representative from the State, GCCC and MQ must be invited to Official Openings or other public functions for projects or activities supported by the Steering Committee. Invitations to such events must be provided at least 4 weeks prior to the event taking place.

8. ISSUE RESOLUTION

8.1. Issues that arise between representatives of a Working Group, project or activity undertaken by or on behalf of the Steering Committee shall be resolved by the process set out in this section.

8.2. In the first instance representatives performing any function contemplated by this MOU must attempt to resolve any issue or differences at their management level.

8.3. If an issue cannot be resolved as detailed at section 8.2, it shall be brought before the Steering Committee for resolution. The Steering Committee must have due regard for section 4.2 when considering any issue or difference.

8.4. If the Steering Committee fails to reach a satisfactory resolution of an issue, the issue shall be reported to the Minister for Transport and Mayor GCCC for resolution.

9. NO AGENCY

9.1. No party is, by virtue of this Agreement, the agent or partner of any other Party and each Party must ensure that it conducts itself so as not to infer otherwise.

10. LIABILITY

10.1. The Parties agree that they enter into this MOU entirely at their own risk.


12

11. WITHDRAWAL FROM THIS MOU

11.1. A Party may, at any time, by providing written notice to the Steering Committee, withdraw from this MOU. A withdrawal takes effect 10 business days after receipt of the written notice by the Steering Committee.

11.2. On receipt of a Party’s notice of withdrawal, the Party is entitled to be refunded any funds contributed by the withdrawing Party which are uncommitted at the date of notice, on a pro-rata basis.

11.3. Any funds contributed by the withdrawing party which have been spent or legally committed for expenditure, are not refundable.

11.4. A withdrawing party retains their rights in intellectual property created or commercialised up to the date of their notice of withdrawal.

11.5. The withdrawing party does not acquire any rights in any intellectual property created or commercialised after the date of notice of withdrawal.

11.6. In the event of a Party withdrawing from this MOU, the Parties agree to act to take all reasonable measures to minimise loss resulting from that withdrawal and to minimise disruption to the projects and activities under this MOU.

12. TERMINATION OF THIS MOU

12.1. The Parties may resolve, through a unanimous vote of the Steering Committee, to terminate this MOU and dissolve the Steering Committee.

12.2. The following clause survives the expiry or termination of this MOU:

Clause 6 (Information Management and Confidentiality)

13. NOTICES

13.1. A Party giving notice or notifying under this MOU must do so in writing or by Electronic Communication:

i directed to the recipient's address, as varied by any notice; and

ii hand delivered or sent by pre-paid post or Electronic Communication to that address.

13.2. The Parties' address details are as specified in the Schedule.

13.3. A notice given in accordance with subclause 13.1 is taken to be received:

iii if hand delivered, on delivery;

iv if sent by pre-paid post, 5 Business Days after the date of posting unless it has been received earlier; or

v if sent by Electronic Communication, at the time that would be the time of receipt under the Electronic Transactions Act 1999 (Cth) if a notice was being given under a law of the Commonwealth, which is currently when the Electronic Communication enters the addressee's Information System.


13

14. GENERAL

14.1. A Party must not assign or subcontract the whole or any part of this MOU without the prior written consent of the other Parties, such consent not to be unreasonably withheld or delayed.

14.2. The Parties agree that nothing in this MOU is intended to be legally binding. Notwithstanding that the conditions of this MOU are not legally enforceable; the Parties must perform their respective obligations and receive their respective benefits in good faith.

14.3. The Parties will comply with the requirements of all Acts of the Parliaments of the Commonwealth and the State of Queensland including regulations issued under any such Act and with the lawful requirements of public, local or other authorities applicable to this MOU.

14.4. This MOU may be executed in any number of counterparts and by the Parties on separate counterparts. Each counterpart constitutes an original of this MOU, all of which constitute one MOU.


16

SCHEDULE 1 Governance Structure

Liaison Representatives

Steering CommitteeDepartment of Transport and Main Roads

Department of Environment and Resource Management

Department of Employment, Economic Development

and InnovationGold Coast City Council

Marine QueenslandPossible Future Members

Redland City Council

Department of Infrastructure and Planning

Memorandum of

Understanding

Queensland Government

Gold Coast City Council

Working Groups

Reporting

ScopeGovernance

Information Management

Communication, Media &

PublicityIssue Resolution

Funding

Agreement

Liaison Representatives

Steering CommitteeDepartment of Transport and Main Roads

Department of Environment and Resource Management

Department of Employment, Economic Development

and InnovationGold Coast City Council

Marine QueenslandPossible Future Members

Redland City Council

Department of Infrastructure and Planning

Memorandum of

Understanding

Queensland Government

Gold Coast City Council

Working Groups

Reporting

ScopeGovernance

Information Management

Communication, Media &

PublicityIssue Resolution

Funding

Agreement


17

SCHEDULE 2 Registered Contact Information of Parties Department of Transport and Main Roads GPO Box 2595 Brisbane QLD 4001 [email protected] Department of Environment and Resource Management GPO Box 2454 Brisbane QLD 4001 [email protected] Department of Employment, Economic Development, and Innovation PO Box 15168 City East QLD 4002 [email protected] Gold Coast City Council PO Box 5042 Gold Coast MC QLD 9729 [email protected] Marine Queensland PO Box 3305 Tingalpa DC QLD 4173 [email protected]


18

SCHEDULE 3 Dredging Working Group Terms of Reference Mission To provide a system of well maintained navigation channels and manage dredged resources within Gold Coast tidal waterways and adjoining coastal waters in a manner that is cost effective and provides broad benefits. Objectives (obtainable and measureable)

• Navigation channels are maintained to an agreed standard.

• Opportunities to realise sand management cost efficiencies, including sand commercialisation, are pursued.

• Dredged material (sand and mud) management activities are conducted so as to promote environmental and social outcomes where feasible.

• Knowledge and information of relevant coastal and environmental processes is shared, with research and monitoring undertaken where appropriate.

• Dredged material (sand and mud) may be allocated to protect coastal and foreshore infrastructure in order to strategically respond to the needs of the community and the impacts of climate change.

• Key stakeholders are kept informed of the activities of the working group. Scope (inclusion and exclusions)

• Dredged material (sand and mud) management activities of shared interest in tidal and coastal waterways (including navigation channel dredging).

• Coastal and foreshore protection studies, infrastructure development and maintenance work of shared interest.

• Excludes non tidal waterways, irrigation channels and stormwater infrastructure.

• Excludes floodplain management as a direct responsibility of the working group; however navigation channel dredging may provide secondary flood benefits.

• Excludes work within tidal waterways, coastal and foreshore areas that is not of shared interest.

Sunset/Review Period The working group is intended to operate on an ongoing basis subject to an annual review by the Steering Committee to confirm its continued function.


19

Core Members (maximum of 8)

Organisation Role or Interest

TMR Navigation Channel Dredging – Central Representative

TMR Navigation Channel Dredging – Regional Representative

DERM Natural Resource and Environment Group (Environment Planning)

DERM Regional Service Delivery SEQ (Environmental Regulation)

DEEDI Project Development and Facilitation

DEEDI Fisheries

GCCC Engineering Services

MQ Marine Queensland Representative

Responsibilities of Participants

• Being aware of the terms of reference and their individual role and responsibility within the Working Group.

• Attend all meetings and contribute to the function of the Working Group.

• Implement the directions of the Steering Committee.

• Share knowledge and information openly and work together in good faith with respect for one another.

• Provide advice to the Steering Committee as required.

• Assist with preparation of Working Group reports to the Steering Committee.

• Represent their organisation to the Working Group.

• Represent the Working Group within their organisation and implement agreed actions as required.

Endorsement of Terms of Reference by Steering Committee

Meeting Minute Date/Number


20

SCHEDULE 4 Destinations, Access and Management Working Group Terms of Reference Mission To plan for the provision and sustainable management of boating destinations and access to waterways to promote the Gold Coast maritime experience, with due recognition of competing interests and demands. Objectives (obtainable and measureable)

• Better coordinate between jurisdictions and interests.

• Provide convenient access to waterways and destinations.

• Promote Gold Coast waterway destinations to sustainably manage demand recognising the unique recreational and environmental characteristics of destinations.

• Improve the recreational experience of Gold Coast waterways and destinations for the community and visitors.

• Work with relevant local business representatives and keep key stakeholders informed of the activities of the working group.

• Recognise the critical link between environmental values and the recreational experience.

Scope (inclusion and exclusions)

• Strategic planning and provision of public boat ramps, jetties and pontoons.

• Identification of new destinations, destination improvement opportunities and associated management issues that will provide for a variety of maritime experiences and respond to community needs over time.

• Consider waterway, destination and associated access facility management issues.

• Strategies that improve community awareness and understanding of Gold Coast waterway destinations and access infrastructure.

• Identification of funding opportunities from both the public and private sectors to support projects.



21



TMR Waterway Access Infrastructure

DERM QPWS Marine Parks (Moreton Bay)

DERM Regional Service Delivery SEQ (State Land)

DEEDI Tourism Development

GCCC Engineering Services

GCCC Community Services

GCCC Economic Development

MQ Marine Queensland Representative

Responsibilities of Participants







• Represent their organisation to the Working Group





22

SCHEDULE 5 Marine Industry Planning and Major Development Projects Working Group Terms of Reference Mission To provide a forum for raising and promoting marine sector opportunities, and identifying potential solutions for constraints. To Provide advice to government during the preparation and implementation of strategic plans and policies, and when considering major marine development projects. To advocate to improve and sustain the provision of marine related infrastructure on the Gold Coast by all levels of government. Objectives (obtainable and measureable)

• To improve planning for and recognition of waterway infrastructure within Government policy.

• To consider major marine related development proposals, identify opportunities and constraints, and to collaborate on potential solutions where appropriate.

• To assist policy makers by providing an opportunity for government and industry to work together to identify relevant planning issues and solutions.

• To contribute to the viability and sustainability of the Gold Coast economy particularly with respect to the marine and tourism sectors.

• Key stakeholders are kept informed of the activities of the working group. Scope (inclusion and exclusions)

• Identify and consider potential impacts of proposed major marine development on waterway infrastructure and the marine environment.

• Provide advice regarding marine related planning issues when considering reviews or amendments to planning policies such as the SEQ Regional Plan; Southern Moreton Bay to Broadwater Marine Infrastructure Master Plan; Coastal Plan; Moreton Bay Marine Park Zoning Plan, and Gold Coast Planning Scheme.

• Identify and support major marine related economic development opportunities.

• The working group will not assess development applications.

• The working group will not prepare policy documents; rather it will review proposed amendments and provide advice back to government.

• The working group will generally not consider small scale private marine infrastructure associated with residential developments.



23



TMR Waterways Planning and Infrastructure

DERM Natural Resource and Environment Group (Environment Planning)

DEEDI Gold Coast Centre

DEEDI Marine Industries

GCCC Planning, Environment and Transport Directorate

GCCC Economic Development

MQ* Marine Queensland Representative

DIP Planning Representative

* To avoid any potential Conflict of Interest, MQ will be excluded from any discussion or information relating to major development proposals. Confidentiality of Major Development Proposals Information and discussion relating to major development proposals will be treated as commercial in confidence at all times. Minutes must identify confidential information. A non confidential version of the minutes will be provided to Marine Queensland and for public distribution. The Chair must notify the Steering Committee Chair of Confidential Information which must not be provided to Marine Queensland as a Party to the Steering Committee. Responsibilities of Participants







• Represent their organisation to the Working Group.


