Designating a port authority
Once a port is declared in Queensland, section 268 of the Transport Infrastructure Act 1994 prescribes that a regulation may establish a new port authority or assign an existing port authority to manage the port. The Transport Infrastructure Act 1994 provides that a declared port can be managed by a port authority, the State, or a local government.
The Transport Infrastructure Act 1994 also requires port authorities to plan, develop, maintain, and operate effective and efficient port facilities and services in their ports. Port authorities are expected to:
- provide skilled management of access for vessels and their cargoes and of resulting risks
- maintain appropriate levels of safety and security in the provision and operation of port facilities and services
- respond to industry and community expectations surrounding user needs and infrastructure access, as well as region-specific economic and development requirements
- offer economies of scale in the application of expertise, knowledge, capability and specialist equipment for service and infrastructure planning and delivery
- provide assurance to the State, industry, and the community that the high-level risks of port establishment and operation are controlled.
Port authorities should promote social, economic, and environmental sustainability by:
- planning and developing new trade and business opportunities and growing existing businesses of importers, exporters, and port tenants
- researching, planning, implementing, and monitoring environmental preservation and impact management
- encouraging good environmental practice by the port community
- building effective relationships and trust with the community and stakeholders and being a responsible corporate citizen fostering social value and economic benefit for their region.
Port authorities may also control risks to port operations by:
- managing operations to meet safety and commercial objectives, including, in consultation and as approved by Maritime Safety Queensland's Regional Harbour Master, control of vessel movements such as relocation of unserviceable vessel or control of marine traffic impeding operations
- ensuring the provision of port and port facility security
- undertaking incident prevention and incident response, including management, planning, exercising, and responding
- requiring notification and authorisation for higher risk activities including hazardous hot work approval and handling and storage of dangerous goods.
Port authorities ensure optimised use of infrastructure and services by:
- working to preserve and enhance port land side supply chains and address constraints to port optimisation and growth
- coordinating development and operations with privately managed port facilities
- promoting development across their catchment to facilitate support industries and services that can lead to additional trade
- planning and development of infrastructure including upgrades and sequencing to enhance performance
- land use planning on strategic port land in the form of a Port Land Use Plan for the land owned or controlled by a port authority under the Transport Infrastructure Act 1994. Port authorities have statutory planning functions under the Planning Act 2016 and Planning Regulation 2017, including undertaking the role of assessment manager for assessable development on strategic port land
- ensuring the primacy of safe, secure, and optimal cargo and vessel movements in planning and investing in development of ports and in executing port leases
- gathering and supplying data, monitoring performance, and reporting on efficiency and effectiveness of cargo and vessel movements, infrastructure, and services.
Ports in Queensland can be managed by:
- a port authority
- the State government
- a local government, or
- port management under exemption.
All ports in Queensland are managed by port authorities that are port government-owned corporations except for the Port of Brisbane which is managed and developed by the privately owned Port of Brisbane Pty Ltd under a 99-year lease from the Queensland Government.
There is no single model by which a port entity manages and administers its port. A port entity’s degree of involvement in port operations, infrastructure and services is determined on a case-by-case basis, according to its history, needs and requirements of its users.
Port activities of a substantial nature should be managed by a port authority when it will provide:
- a contribution to the government objectives of economic development, environmental protection, trade facilitation and regional development
- regulatory control to respond quickly to emerging risks and ensure compliance to control impacts
- open access to strategic infrastructure, optimising return on investment
- an entity with responsibility to sustainably plan and deliver for current and future industries, accounting for impacts, including community development
- an enterprise approach to recruiting, developing, and retaining expertise, knowledge, experience and capability in port planning, delivery, operation, and port risk management.
Port management through regulated port authorities concentrates specialised knowledge and experience, manages port risk and encourages planning and regional development.
Port authorities are responsible for the management of risks related to port operation, such as:
- in consultation with Maritime Safety Queensland and overseen by the Regional Harbour Master, emergency management including:
- cyclone moorings and extreme weather plans
- marine pollution response plans, equipment, and trained personnel
- emergency towage capabilities
- on-water firefighting capabilities
- waste reception facilities and management for ship-sourced pollutants
- biosecurity
- maritime security
- supply chain productivity
- marine pilotage service delivery, in accordance with the standards set by Maritime Safety Queensland
- environmental monitoring of port areas and impacts of port operations
- infrastructure planning, development, and operation
- towage service delivery.
Port management, planning and development by port authorities responds to emerging regional development initiatives and economic trends. This involves ensuring ports are operated efficiently on a commercial basis in a competitive environment.
A key function of port authorities as provided for under the Transport Infrastructure Act 1994 is the power to have strategic port land (and core port land for the Port of Brisbane). Strategic port land and Brisbane core port land are not subject to a local planning instrument under the Planning Act 2016.
Having strategic port land allows the port authority to plan for, control and manage, land use to ensure efficient and open access to strategic infrastructure.
A port authority requires tenure over port land so that it may fully exercise its functions and powers provided under the Transport Infrastructure Act 1994 with respect to strategic port land.
Management of a port by a government owned port authority enables appropriate oversight and management of ports in Queensland.
Port activities of a substantial nature may be managed by:
- the State to provide greater control over administration and funding and to meet State government objectives
- local governments when it supports operation of their local transport network—this provides local governments autonomy to manage infrastructure to meet the needs of the local community.
An exemption for a proponent to undertake port activities of a substantial nature could be considered under the Transport Infrastructure Act 1994 when it is deemed that the risks of the activity can be effectively managed without a regulated port authority being assigned. For example, the Governor in Council may deem it is not efficient nor effective to establish a regulated port authority if a substantial port activity:
- is to be for a limited time only
- involves operations in which the vessel size, cargo type and cargo volume pose minor or few risks.
This provides the Queensland Government some flexibility while ensuring that the risks posed by a substantial port activity are managed effectively.
No exemptions have been provided for any substantial port activity to date. It is envisaged the exemption would be applied in very limited circumstances and be subject to conditions, with the proponent meeting all other required regulatory authorisations to undertake development and engage in land and marine operations.
An example of a limited time exemption could be for the one-off landing of an oversize or over mass product on a foreshore to avoid road damage, noting the decision to grant an exemption is at the discretion of the Governor in Council.
The Transport Infrastructure Act 1994 provides the following matters to be undertaken by way of regulations (that is, subordinate legislation):
- section 268—establish a new port authority, specify the name of the port authority and the name of the port the authority is to manage, and transfer assets/liabilities to the port authority
- section 271—transfer/assign the management of a port from/to a port authority, the State or a local government
- section 274—define or amend the limits of a port (other than the Port of Brisbane).
If the State or a local government is given the management of a port, the Minister or the local government has, for the port, all the functions and powers, and all the obligations, of a port authority provided under the Transport Infrastructure Act 1994.
For the port management under exemption, a Governor in Council decision is required under section 291 of the Transport Infrastructure Act 1994, rather than a regulation, to allow a proponent to undertake port activities of a substantial nature at a place that is not a port managed by a port authority, the State or a local government.
- Last updated
- 12 December 2025
Contact us
The process to establish new ports in Queensland is administered by TMR's Governance and Ports team.
Any queries can be directed to this unit, which can be contacted via email: [email protected] or telephone 13 23 80 during business hours, 8:30am–5:00pm on business days.