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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Great Barrier Reef Marine Park
Amendment (Authority Governance and
Other Matters) Bill 2017
No. , 2017
(Environment and Energy)
A Bill for an Act to amend the Great Barrier Reef
Marine Park Act 1975, and for related purposes
No. , 2017
Great Barrier Reef Marine Park Amendment (Authority Governance
and Other Matters) Bill 2017
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Authority governance
3
Part 1--Main amendments
3
Great Barrier Reef Marine Park Act 1975
3
Part 2--Consequential amendments
16
Environment Protection and Biodiversity Conservation Act 1999
16
Part 3--Application and transitional provisions
17
Schedule 2--Powers of zoning plans and plans of management
19
Part 1--Amendments
19
Great Barrier Reef Marine Park Act 1975
19
Part 2--Application and transitional provisions
21
No. , 2017
Great Barrier Reef Marine Park Amendment (Authority Governance
and Other Matters) Bill 2017
1
A Bill for an Act to amend the Great Barrier Reef
1
Marine Park Act 1975, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the Great Barrier Reef Marine Park Amendment
5
(Authority Governance and Other Matters) Act 2017.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Great Barrier Reef Marine Park Amendment (Authority Governance
and Other Matters) Bill 2017
No. , 2017
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
A single day to be fixed by Proclamation.
However, if the provisions do not commence
within the period of 12 months beginning on
the day this Act receives the Royal Assent,
they commence on the day after the end of
that period.
3. Schedule 2
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Authority governance Schedule 1
Main amendments Part 1
No. , 2017
Great Barrier Reef Marine Park Amendment (Authority Governance
and Other Matters) Bill 2017
3
Schedule 1--Authority governance
1
Part 1--Main amendments
2
Great Barrier Reef Marine Park Act 1975
3
1 Subsection 3(1)
4
Insert:
5
CEO means the Chief Executive Officer of the Authority.
6
member of the governing body of a relevant interest group has the
7
meaning given by subsection 10(10).
8
paid work means work for financial gain or reward (whether as an
9
employee, a self-employed person or otherwise).
10
2 Subsection 3(1) (definition of part-time member)
11
Repeal the definition, substitute:
12
part-time member means a member appointed under
13
subsections 10(2) and (2A).
14
3 Paragraph 6(2)(b)
15
Omit "Chairperson", substitute "CEO".
16
4 After subparagraph 6(2)(c)(i)
17
Insert:
18
(ia) the CEO;
19
5 Subsection 7A(8)
20
Omit "Chairperson", substitute "CEO".
21
6 Subsection 8(1) (note)
22
Omit "Chairperson", substitute "CEO".
23
7 Section 8B (heading)
24
Repeal the heading, substitute:
25
Schedule 1 Authority governance
Part 1 Main amendments
4
Great Barrier Reef Marine Park Amendment (Authority Governance
and Other Matters) Bill 2017
No. , 2017
8B CEO not subject to direction by Authority on certain matters
1
8 Section 8B
2
Omit "Chairperson", substitute "CEO".
3
9 Section 8B
4
Omit "Chairperson's", substitute "CEO's".
5
10 Paragraph 10(1)(b)
6
Repeal the paragraph, substitute:
7
(b) the CEO;
8
(c) 5 other members.
9
11 Subsection 10(2)
10
Repeal the subsection, substitute:
11
(2) A member, other than the CEO, is to be appointed by the
12
Governor-General by written instrument.
13
(2A) A member, other than the CEO, is appointed on a part-time basis.
14
12 Subsection 10(3)
15
After "part-time members", insert "(other than the Chairperson)".
16
13 Subsections 10(6) to (8)
17
Repeal the subsections, substitute:
18
(6) A person is not eligible for appointment as a part-time member of
19
the Authority unless the Governor-General is satisfied that the
20
person is suitably qualified for appointment because of significant
21
knowledge of, or significant experience concerning, one or more of
22
the following fields:
23
(a) science (including one or more fields related to climate
24
change, marine science, coastal ecology, fisheries, social
25
sciences or engineering);
26
(b) natural resource management;
27
(c) Indigenous matters relating to the Marine Park;
28
(d) the tourism industry associated with the Marine Park;
29
(e) business or industry;
30
Authority governance Schedule 1
Main amendments Part 1
No. , 2017
Great Barrier Reef Marine Park Amendment (Authority Governance
and Other Matters) Bill 2017
5
(f) resource economics;
1
(g) public sector governance;
2
(h) regulation;
3
(i) education or communications;
4
(j) strategic management.
5
(7) At least one part-time member must be an Indigenous person who
6
qualifies under paragraph (6)(c).
7
(8) At least one part-time member must be a person who qualifies
8
under paragraph (6)(d).
9
(9) A person is not eligible for appointment as a part-time member of
10
the Authority if, at the time of appointment, the person is a member
11
of the governing body of a relevant interest group.
12
(10) A person is a member of the governing body of a relevant interest
13
group if:
14
(a) the person is involved in the management of another entity
15
(whether incorporated or otherwise); and
16
(b) the other entity represents one or more groups of people who:
17
(i) are directly involved in advocating about the
18
management of the Marine Park; or
19
(ii) use the Marine Park for commercial purposes.
20
14 Sections 11 to 14
21
Repeal the sections, substitute:
22
11 Period of appointment of part-time members of Authority
23
(1) A part-time member holds office for the period specified in the
24
instrument of appointment. The period of appointment must not
25
exceed 5 years.
26
Note:
A member of the Authority may be reappointed: see section 33AA of
27
the Acts Interpretation Act 1901.
28
(2) A person must not hold office as a part-time member for a
29
continuous period exceeding 10 years.
30
Schedule 1 Authority governance
Part 1 Main amendments
6
Great Barrier Reef Marine Park Amendment (Authority Governance
and Other Matters) Bill 2017
No. , 2017
(3) For the purposes of subsection (2), any period when a person holds
1
an acting appointment as a part-time member of the Authority
2
under subsection 15(3) is to be disregarded.
3
12 Remuneration and allowances of part-time members of Authority
4
(1) A part-time member is to be paid the remuneration that is
5
determined by the Remuneration Tribunal. If no determination of
6
that remuneration by the Tribunal is in operation, a part-time
7
member is to be paid the remuneration that is prescribed by an
8
instrument under subsection (4).
9
(2) A part-time member is to be paid the allowances that are
10
prescribed by an instrument under subsection (4).
11
(3) This section has effect subject to the Remuneration Tribunal Act
12
1973.
13
(4) The Minister may, by legislative instrument, prescribe:
14
(a) remuneration for the purposes of subsection (1); and
15
(b) allowances for the purposes of subsection (2).
16
13 Leave of absence for part-time members of Authority
17
Chairperson
18
(1) The Minister may grant leave of absence to the Chairperson on the
19
terms and conditions that the Minister determines.
20
Other part-time members
21
(2) The Chairperson may grant leave of absence to any other part-time
22
member on the terms and conditions that the Chairperson
23
determines.
24
(3) The Chairperson must notify the Minister if the Chairperson grants
25
a part-time member leave of absence for a period that exceeds 3
26
months.
27
Authority governance Schedule 1
Main amendments Part 1
No. , 2017
Great Barrier Reef Marine Park Amendment (Authority Governance
and Other Matters) Bill 2017
7
14 Resignation of part-time members of Authority
1
(1) A part-time member may resign his or her appointment by giving
2
the Governor-General a written resignation.
3
(2) The resignation takes effect on the day it is received by the
4
Governor-General or, if a later day is specified in the resignation,
5
on that later day.
6
15 Subsections 15(1) and (3) (note)
7
Omit "section 33A", substitute "sections 33AB and 33A".
8
16 After subsection 15(3)
9
Insert:
10
(4) A person is not eligible for appointment to act as a part-time
11
member unless the person is eligible for appointment as a part-time
12
member of the Authority under subsections 10(6) and (9).
13
17 Subsection 15(5)
14
Repeal the subsection.
15
18 After section 15
16
Insert:
17
15A Outside employment
18
A part-time member must not engage in any paid work that, in the
19
Minister's opinion, conflicts or could conflict with the proper
20
performance of his or her duties.
21
15B Member of governing body of a relevant interest group
22
A part-time member must not be a member of the governing body
23
of a relevant interest group.
24
Note:
For when an individual is a member of the governing body of a
25
relevant interest group, see subsection 10(10).
26
19 Section 16
27
Repeal the section, substitute:
28
Schedule 1 Authority governance
Part 1 Main amendments
8
Great Barrier Reef Marine Park Amendment (Authority Governance
and Other Matters) Bill 2017
No. , 2017
16 Termination of appointment of part-time members of Authority
1
(1) The Governor-General may terminate the appointment of a
2
part-time member:
3
(a) for misbehaviour; or
4
(b) if the member is unable to perform the duties of his or her
5
office because of physical or mental incapacity.
6
(2) The Governor-General may terminate the appointment of a
7
part-time member if:
8
(a) the part-time member:
9
(i) becomes bankrupt; or
10
(ii) applies to take the benefit of any law for the relief of
11
bankrupt or insolvent debtors; or
12
(iii) compounds with his or her creditors; or
13
(iv) makes an assignment of his or her remuneration for the
14
benefit of his or her creditors; or
15
(b) the part-time member is absent, except on leave of absence,
16
from 3 consecutive meetings of the Authority; or
17
(c) the part-time member engages in paid work that, in the
18
Minister's opinion, conflicts or could conflict with the proper
19
performance of his or her duties (see section 15A); or
20
(d) the part-time member becomes a member of the governing
21
body of a relevant interest group (see section 15B); or
22
(e) the Minister is satisfied that the performance of the part-time
23
member has been unsatisfactory for a significant period; or
24
(f) the part-time member fails, without reasonable excuse, to
25
comply with section 29 of the Public Governance,
26
Performance and Accountability Act 2013 (which deals with
27
the duty to disclose interests) or rules made for the purposes
28
of that section.
29
20 Subsections 16A(1) and (3)
30
Omit "a member", substitute "a part-time member".
31
21 After section 16A
32
Insert:
33
Authority governance Schedule 1
Main amendments Part 1
No. , 2017
Great Barrier Reef Marine Park Amendment (Authority Governance
and Other Matters) Bill 2017
9
16B Other terms and conditions
1
A part-time member of the Authority holds office on the terms and
2
conditions (if any) in relation to matters not covered by this Act
3
that are determined by the Minister.
4
22 Subsection 17(3)
5
Repeal the subsection, substitute:
6
(3) At a meeting of the Authority, 4 members constitute a quorum.
7
(3A) However, if:
8
(a) a member of the Authority is required by the rules made for
9
the purposes of section 29 of the Public Governance,
10
Performance and Accountability Act 2013 not to be present
11
during the deliberations, or to take part in any decision, of the
12
Authority with respect to a particular matter; and
13
(b) when the member leaves the meeting concerned there is no
14
longer a quorum present;
15
the remaining members at the meeting constitute a quorum for the
16
purpose of any deliberation or decision at the meeting with respect
17
to that matter.
18
23 Subsections 17(6) to (10)
19
Repeal the subsections, substitute:
20
(6) At a meeting of the Authority, a question is decided by a majority
21
of the votes of the members of the Authority present and voting.
22
(7) The person presiding at the meeting has a deliberative vote and, in
23
the event of an equality of votes, also has a casting vote.
24
(8) The Authority must keep minutes of its meetings.
25
24 At the end of Part III
26
Add:
27
19 Other matters
28
The Authority may, subject to this Part, regulate proceedings at its
29
meetings as it considers appropriate.
30
Schedule 1 Authority governance
Part 1 Main amendments
10
Great Barrier Reef Marine Park Amendment (Authority Governance
and Other Matters) Bill 2017
No. , 2017
Note:
Section 33B of the Acts Interpretation Act 1901 contains further
1
information about the ways in which the members of the Authority
2
may participate in meetings.
3
25 Before section 40
4
Insert:
5
Division 1--Chief Executive Officer of Authority
6
39ZJ Establishment
7
There is to be a Chief Executive Officer of the Great Barrier Reef
8
Marine Park Authority.
9
39ZK Role
10
(1) The CEO is responsible for the day-to-day administration of the
11
Authority.
12
(2) The CEO may do all things that are necessary or convenient to be
13
done for or in connection with the performance of his or her duties.
14
(3) The CEO must act in accordance with policies determined by the
15
Authority.
16
(4) The Authority may give written directions to the CEO about the
17
performance of the CEO's responsibilities.
18
Note:
The Authority cannot give a direction in relation to the CEO's
19
functions or powers under the Public Governance, Performance and
20
Accountability Act 2013 or the Public Service Act 1999: see
21
section 8B of this Act.
22
(5) The CEO must comply with a direction under subsection (4).
23
(6) A direction under subsection (4) is not a legislative instrument.
24
39ZL Appointment
25
(1) The CEO is to be appointed by the Governor-General by written
26
instrument.
27
(2) The CEO is to be appointed on a full-time basis.
28
Authority governance Schedule 1
Main amendments Part 1
No. , 2017
Great Barrier Reef Marine Park Amendment (Authority Governance
and Other Matters) Bill 2017
11
(3) The CEO holds office for the period specified in the instrument of
1
appointment. The period must not exceed 5 years.
2
Note:
The CEO may be reappointed: see section 33AA of the Acts
3
Interpretation Act 1901.
4
(4) A person must not hold office as the CEO for a continuous period
5
exceeding 10 years.
6
(5) For the purposes of subsection (4), any period when a person holds
7
an acting appointment as CEO under section 39ZM is to be
8
disregarded.
9
(6) A person is not eligible for appointment as the CEO if, at the time
10
of appointment, the person is a member of the governing body of a
11
relevant interest group.
12
Note:
For when an individual is a member of the governing body of a
13
relevant interest group: see subsection 10(10).
14
39ZM Acting appointments
15
The Minister may, by written instrument, appoint a person to act as
16
the CEO:
17
(a) during a vacancy in the office of CEO (whether or not an
18
appointment has previously been made to the office); or
19
(b) during any period, or during all periods, when the CEO:
20
(i) is absent from duty or from Australia; or
21
(ii) is, for any reason, unable to perform the duties of the
22
office.
23
Note:
For rules that apply to acting appointments, see sections 33AB and
24
33A of the Acts Interpretation Act 1901.
25
39ZN Remuneration and allowances of CEO
26
(1) The CEO is to be paid the remuneration that is determined by the
27
Remuneration Tribunal. If no determination of that remuneration
28
by the Tribunal is in operation, the CEO is to be paid the
29
remuneration that is prescribed by an instrument under
30
subsection (4).
31
(2) The CEO is to be paid the allowances that are prescribed by an
32
instrument under subsection (4).
33
Schedule 1 Authority governance
Part 1 Main amendments
12
Great Barrier Reef Marine Park Amendment (Authority Governance
and Other Matters) Bill 2017
No. , 2017
(3) This section has effect subject to the Remuneration Tribunal Act
1
1973.
2
(4) The Minister may, by legislative instrument, prescribe:
3
(a) remuneration for the purposes of subsection (1); and
4
(b) allowances for the purposes of subsection (2).
5
39ZP Leave of absence of CEO
6
(1) The CEO has the recreation leave entitlements that are determined
7
by the Remuneration Tribunal.
8
(2) The Minister may grant the CEO leave of absence, other than
9
recreation leave, on the terms and conditions as to remuneration or
10
otherwise that the Minister determines.
11
39ZQ Outside employment
12
The CEO must not engage in paid work outside the duties of his or
13
her office without the Minister's approval.
14
39ZR Member of governing body of a relevant interest group
15
The CEO must not be a member of the governing body of a
16
relevant interest group.
17
Note:
For when an individual is a member of the governing body of a
18
relevant interest group: see subsection 10(10).
19
39ZS Resignation of CEO
20
(1) The CEO may resign his or her appointment by giving the
21
Governor-General a written resignation.
22
(2) The resignation takes effect on the day it is received by the
23
Governor-General or, if a later day is specified in the resignation,
24
on that later day.
25
39ZT Termination of appointment
26
(1) The Governor-General may terminate the appointment of the CEO:
27
(a) for misbehaviour; or
28
Authority governance Schedule 1
Main amendments Part 1
No. , 2017
Great Barrier Reef Marine Park Amendment (Authority Governance
and Other Matters) Bill 2017
13
(b) if the CEO is unable to perform the duties of his or her office
1
because of physical or mental incapacity.
2
(2) The Governor-General may terminate the appointment of the CEO
3
if:
4
(a) the CEO:
5
(i) becomes bankrupt; or
6
(ii) applies to take the benefit of any law for the relief of
7
bankrupt or insolvent debtors; or
8
(iii) compounds with his or her creditors; or
9
(iv) makes an assignment of his or her remuneration for the
10
benefit of his or her creditors; or
11
(b) the CEO is absent, except on leave of absence, for 14
12
consecutive days or for 28 days in any 12 months; or
13
(c) the CEO engages, except with the Minister's approval, in
14
paid work outside the duties of his or her office (see
15
section 39ZQ); or
16
(d) the CEO becomes a member of the governing body of a
17
relevant interest group (see section 39ZR); or
18
(e) the Minister is satisfied that the performance of the CEO has
19
been unsatisfactory for a significant period; or
20
(f) the CEO fails, without reasonable excuse, to comply with
21
section 29 of the Public Governance, Performance and
22
Accountability Act 2013 (which deals with the duty to
23
disclose interests) or rules made for the purposes of that
24
section.
25
39ZU Other terms and conditions
26
The CEO holds office on the terms and conditions (if any) in
27
relation to matters not covered by this Act that are determined by
28
the Minister.
29
Division 2--Staff and inspectors
30
26 Paragraphs 40(2)(a) and (b)
31
Omit "Chairperson" (wherever occurring), substitute "CEO".
32
Schedule 1 Authority governance
Part 1 Main amendments
14
Great Barrier Reef Marine Park Amendment (Authority Governance
and Other Matters) Bill 2017
No. , 2017
27 Before section 46
1
Insert:
2
Division 3--Delegations
3
28 After paragraph 47(1)(a)
4
Insert:
5
(aa) the CEO;
6
29 Section 48 (heading)
7
Repeal the heading, substitute:
8
48 Delegation by CEO
9
30 Before subsection 48(1)
10
Insert:
11
(1AA) The CEO may, by signed writing, delegate a power or function of
12
the CEO under this Act to a member of the staff of the Authority
13
who:
14
(a) is an SES employee or an acting SES employee; or
15
(b) holds, or is acting, in an Executive Level 2, or equivalent,
16
position.
17
31 Subsections 48(1) and (2)
18
Omit "Chairperson" (wherever occurring), substitute "CEO".
19
32 After subsection 48(3)
20
Insert:
21
(3A) In exercising powers or performing functions under a delegation,
22
the delegate must comply with any directions of the CEO.
23
33 Subsections 48(4) and (5)
24
Omit "Chairperson" (wherever occurring), substitute "CEO".
25
34 Sections 53 and 53A
26
Omit "Chairperson", substitute "CEO".
27
Authority governance Schedule 1
Main amendments Part 1
No. , 2017
Great Barrier Reef Marine Park Amendment (Authority Governance
and Other Matters) Bill 2017
15
35 Paragraphs 59F(7)(b) and (c)
1
Repeal the paragraphs, substitute:
2
(b) the CEO;
3
36 Section 61AMA
4
Omit "Chairperson" (wherever occurring), substitute "CEO".
5
37 Subsections 61AMB(4) and (5)
6
Omit "Chairperson" (wherever occurring), substitute "CEO".
7
38 Subsections 61AMC(1), (2), (3) and (4)
8
Omit "Chairperson", substitute "CEO".
9
Schedule 1 Authority governance
Part 2 Consequential amendments
16
Great Barrier Reef Marine Park Amendment (Authority Governance
and Other Matters) Bill 2017
No. , 2017
Part 2--Consequential amendments
1
Environment Protection and Biodiversity Conservation Act
2
1999
3
39 Subsection 486E(2) (paragraph (d) of the definition of
4
official)
5
Omit "Chairperson", substitute "Chief Executive Officer".
6
40 Paragraph 515AA(1)(b)
7
Omit "Chairperson", substitute "Chief Executive Officer".
8
41 Paragraph 515AB(1)(b)
9
Omit "Chairperson", substitute "Chief Executive Officer".
10
42 Subparagraph 17(3)(c)(i) of Schedule 1
11
Omit "Chairperson", substitute "Chief Executive Officer".
12
43 Paragraph 38(3)(b) of Schedule 1
13
Omit "Chairperson", substitute "Chief Executive Officer".
14
44 Subclause 38(4) of Schedule 1
15
Omit "Chairperson", substitute "Chief Executive Officer".
16
Authority governance Schedule 1
Application and transitional provisions Part 3
No. , 2017
Great Barrier Reef Marine Park Amendment (Authority Governance
and Other Matters) Bill 2017
17
Part 3--Application and transitional provisions
1
45 Interpretation
2
In this Part:
3
Authority means the Great Barrier Reef Marine Park Authority.
4
commencement day means the day on which this Schedule commences.
5
Minister means the Minister responsible for administering the Great
6
Barrier Reef Marine Park Act 1975.
7
46 Period of appointment
8
Subsections 11(2) and (3) of the Great Barrier Reef Marine Park Act
9
1975, as in force on or after the commencement day, apply in relation to
10
a member of the Authority whether the member's continuous period of
11
office starts before or after the commencement day.
12
47 Conditions of appointment
13
Sections 15A, 15B, 16 and 16B of the Great Barrier Reef Marine Park
14
Act 1975, as in force on or after the commencement day, apply in
15
relation to a member of the Authority whether the member was
16
appointed before or after the commencement day.
17
48 References in certain instruments to the Chairperson of
18
Authority
19
(1)
This item applies to an instrument that:
20
(a) is in force immediately before the commencement day; and
21
(b) contains a reference to the Chairperson of the Authority:
22
(i) as the accountable authority of the Authority under the
23
Public Governance, Performance and Accountability
24
Act 2013; or
25
(ii) as the Head of the Statutory Agency constituted under
26
paragraph 40(2)(a) of the Great Barrier Reef Marine
27
Park Act 1975.
28
(2)
A reference in an instrument to which this item applies to the
29
Chairperson of the Authority has effect, on and after the
30
Schedule 1 Authority governance
Part 3 Application and transitional provisions
18
Great Barrier Reef Marine Park Amendment (Authority Governance
and Other Matters) Bill 2017
No. , 2017
commencement day, as if it were a reference to the CEO of the
1
Authority.
2
(3)
This item does not apply to an instrument excluded from the operation
3
of this item by rules made under item 49.
4
(4)
In this item:
5
instrument includes:
6
(a) a contract, undertaking, deed or agreement: or
7
(b) a notice, authority, order or instruction; or
8
(c) an instrument made under an Act or a legislative instrument;
9
but does not include an Act.
10
49 Transitional rules
11
(1)
The Minister may, by legislative instrument, make rules prescribing
12
matters of a transitional nature (including any saving or application
13
provisions) relating to the amendments or repeals made by this Act.
14
(2)
Without limiting subitem (1), rules may be made for the purposes of
15
subitem 48(3).
16
(3)
To avoid doubt, the rules may not do any of the following:
17
(a) create an offence or civil penalty;
18
(b) provide powers of:
19
(i) arrest or detention; or
20
(ii) entry, search or seizure;
21
(c) impose a tax;
22
(d) set an amount to be appropriated from the Consolidated
23
Revenue Fund under an appropriation in this Act;
24
(e) directly amend the text of this Act.
25
Powers of zoning plans and plans of management Schedule 2
Amendments Part 1
No. , 2017
Great Barrier Reef Marine Park Amendment (Authority Governance
and Other Matters) Bill 2017
19
Schedule 2--Powers of zoning plans and
1
plans of management
2
Part 1--Amendments
3
Great Barrier Reef Marine Park Act 1975
4
1 After section 35D
5
Insert:
6
35DA Power of zoning plans
7
(1) A zoning plan may provide in relation to a matter by providing that
8
the regulations, or any other legislative instrument, provide in
9
relation to that matter.
10
(2) To avoid doubt, a reference to a zoning plan in this Part (except
11
subsections 32B(2) and 35A(1)) does not include a reference to
12
regulations, or another legislative instrument, covered by
13
subsection (1) of this section.
14
2 After section 39ZF
15
Insert:
16
39ZFA Power of plans of management
17
(1) A plan of management may provide in relation to a matter by
18
providing that the regulations, or any other legislative instrument,
19
provide in relation to that matter.
20
(2) To avoid doubt, a reference to a plan of management in this Part
21
(except section 39W) does not include a reference to regulations,
22
or another legislative instrument, covered by subsection (1) of this
23
section.
24
3 Subsection 66(1)
25
After "a zoning plan", insert "(disregarding regulations made for the
26
purposes of subsection 35DA(1))".
27
Schedule 2 Powers of zoning plans and plans of management
Part 1 Amendments
20
Great Barrier Reef Marine Park Amendment (Authority Governance
and Other Matters) Bill 2017
No. , 2017
4 At the end of subsection 66(1)
1
Add:
2
Note:
The regulations may provide for a matter that a zoning plan or plan of
3
management may otherwise provide for (see sections 35DA and
4
39ZFA. See also subsections (4) and (4A) of this section).
5
5 After paragraph 66(2)(ba)
6
Insert:
7
(bb) providing that zoning plans or plans of management may
8
provide in relation to a matter in relation to which the
9
regulations may provide;
10
Powers of zoning plans and plans of management Schedule 2
Application and transitional provisions Part 2
No. , 2017
Great Barrier Reef Marine Park Amendment (Authority Governance
and Other Matters) Bill 2017
21
Part 2--Application and transitional provisions
1
6 Definitions
2
In this Part:
3
affected order means:
4
(a) either:
5
(i) an order purportedly made, before the commencement
6
of this Part, in relation to any pre-commencement
7
GBRMPA instrument; or
8
(ii) an order purportedly made, before the commencement
9
of this Part, on appeal from, or review of, an order
10
referred to in subparagraph (i); or
11
(b) if, before the commencement of this Part, a court or Registrar
12
purported to vary, revoke, set aside, revive or suspend an
13
order referred to in paragraph (a)--an order in the form in
14
which, and to the extent to which, it purports or purported to
15
have effect from time to time.
16
pre-commencement GBRMPA instrument means any of the following
17
instruments as in force under the Great Barrier Reef Marine Park Act
18
1975 at any time before the commencement of this Part:
19
(a) any zoning plan;
20
(b) any plan of management;
21
(c) any regulations.
22
7 Application of amendments
23
The amendments of the Great Barrier Reef Marine Park Act 1975 made
24
by Part 1 of this Schedule apply in relation to:
25
(a) any zoning plan; and
26
(b) any plan or management; and
27
(c) any regulations;
28
made under that Act, whether before or after the commencement of this
29
Part.
30
Schedule 2 Powers of zoning plans and plans of management
Part 2 Application and transitional provisions
22
Great Barrier Reef Marine Park Amendment (Authority Governance
and Other Matters) Bill 2017
No. , 2017
8 Instruments made before commencement etc.
1
(1)
A pre-commencement GBRMPA instrument is, and is taken to always
2
have been, as valid as the instrument would have been if the instrument
3
had been made under the Great Barrier Reef Marine Park Act 1975 as
4
amended by Part 1 of this Schedule.
5
(2)
Any thing done before the commencement of this Part under a
6
pre-commencement GBRMPA instrument is, and is taken always to
7
have been, as valid as it would have been if the instrument had been
8
valid.
9
9 Rights and liabilities of persons
10
(1)
Subject to subitems (3) and (4), the rights and liabilities of all persons
11
are, by force of this item, declared to be, and always to have been, the
12
same as if each pre-commencement GBRMPA instrument had always
13
been valid.
14
(2)
Without limiting the effect of subitem (1):
15
(a) all persons are, by force of this item, declared to be, and
16
always to have been, entitled to act on the basis that other
17
persons had, and have, the rights and liabilities as declared by
18
subitem (1); and
19
(b) a right or liability that a person is declared by subitem (1) to
20
have, or to have had:
21
(i) is exercisable or enforceable; and
22
(ii) is to be regarded as always having been exercisable or
23
enforceable;
24
as if each pre-commencement GBRMPA instrument had
25
always been valid; and
26
(c) the rights and liabilities that a person is declared by
27
subitem (1) to have, or to have had, include any right the
28
person would have or have had to appeal, or to seek review
29
of, an affected order, if each pre-commencement GBRMPA
30
instrument had always been valid.
31
Effect on proceedings
32
(3)
This item does not affect rights or liabilities of parties to proceedings
33
for which leave to appeal to the High Court has been given on or before
34
Powers of zoning plans and plans of management Schedule 2
Application and transitional provisions Part 2
No. , 2017
Great Barrier Reef Marine Park Amendment (Authority Governance
and Other Matters) Bill 2017
23
the day this Part commences, to the extent that the fact a
1
pre-commencement GBRMPA instrument was not valid is in issue in
2
the proceedings.
3
(4)
Nothing in this item is intended to affect the jurisdiction of the High
4
Court under section 75 of the Constitution.
5
10 Compensation for acquisition of property
6
(1)
If the operation of this Part would result in an acquisition of property
7
(within the meaning of paragraph 51(xxxi) of the Constitution) from a
8
person otherwise than on just terms (within the meaning of that
9
paragraph), the Commonwealth is liable to pay a reasonable amount of
10
compensation to the person.
11
(2)
If the Commonwealth and the person do not agree on the amount of the
12
compensation, the person may institute proceedings in any of the
13
following courts for the recovery from the Commonwealth of such
14
reasonable amount of compensation as the court determines:
15
(a) the Federal Court of Australia;
16
(b) the Federal Circuit Court of Australia;
17
(c) a court of a State or Territory that has jurisdiction in relation
18
to matters arising under the Great Barrier Reef Marine Park
19
Act 1975.
20
11 Evidence
21
The court record, or a copy of the court record, of an affected order may
22
be adduced in evidence to show the existence, nature and extent of an
23
order-based right or liability.
24
12 Part does not apply to certain orders
25
Nothing in this Part applies to an order declared or held to be invalid, or
26
to have been made without power, by a court before the commencement
27
of this Part.
28