Commonwealth Consolidated Regulations Commonwealth Consolidated RegulationsNote: A number of expressions used in this instrument are defined in the Act, or in the Zoning Plan, including:
(a) Authority;
(b) dory;
(c) Marine Park;
(d) prohibited;
(e) trapping;
(f) vessel;
(g) zone.
(1) In this instrument:
"1 kilometre line" has the same meaning as in the Zoning Plan.
"1 nautical mile line" means the line every point of which is at a distance of 1 nautical mile seaward from the nearest point of the coastline at high water.
"100 metre line" has the same meaning as in the Zoning Plan.
"500 metre line" has the same meaning as in the Zoning Plan.
"A1 licence" has the same meaning as it has in the Fisheries Declaration.
"A2 licence" has the same meaning as it has in the Fisheries Declaration.
"accredited TUMRA" means a TUMRA that is accredited under Part 4.
"Act" means the Great Barrier Reef Marine Park Act 1975 .
"Amalgamated Great Barrier Reef Section" means the area to which that name is assigned by the Great Barrier Reef (Declaration of Amalgamated Marine Park Area) Proclamation 2004 .
"application" for a permission means an application that has not been withdrawn or lapsed.
"authority" :
(a) (except in section 44 (Species Conservation (Dugong Protection) SMAs)) means an authority given under section 118 or 150; or
(b) in section 44--has the meaning given by the Queensland fisheries legislation.
"bait netting" has the meaning given by the Zoning Plan.
Note: Bait netting means netting using a net declared in this instrument, and in accordance with any limitations prescribed in this instrument. See also section 15.
"bank" includes, but is not limited to, a body corporate that is an ADI (authorised deposit - taking institution) for the purposes of the Banking Act 1959 .
"bareboat" means a vessel that:
(a) is a hire and drive vessel within the meaning of the Marine Safety (Domestic Commercial Vessel) National Law; and
(b) has an overall length of at least 6 metres; and
(c) is made available for use without master or crew.
Note: Examples of bareboats are cruisers, houseboats and yachts.
"bareboat operation" means making available a bareboat under a commercial arrangement (including a hiring, timeshare or similar arrangement) for recreational use.
"beach equipment" includes:
(a) sailing boats (except boats that have an overall length of at least 6 metres); and
(b) windsurfing craft; and
(c) canoes and kayaks; and
(d) pedal craft.
"Buffer Zone" means the zone described in the Zoning Plan as the Buffer Zone.
"business day" has the meaning given by section 2B of the Acts Interpretation Act 1901 .
"Cairns Planning Area" has the meaning given by the Cairns Area Plan of Management 1998 .
"calf" of a cetacean of a particular species means an animal not more than half the length of an adult of the species.
"capital dredge spoil material" :
(a) means material excavated as a result of dredging:
(i) to create new channels, basins, ports, berths or other areas; or
(ii) to enlarge or deepen existing channels, basins, ports, berths or other areas; or
(iii) to remove material unsuitable for foundations; or
(iv) to create trenches for pipes, cables or tubes; or
(v) for any other purpose incidental to creating a void; and
(b) does not include material excavated as a result of dredging carried out for the sole purpose of:
(i) maintaining an existing channel, basin, port, berth or other area for its intended use; or
(ii) protecting human life or property.
"cast net" means a circular net that:
(a) is weighted around its outside; and
(b) has a rope attached to its centre to allow the net to be cast and retrieved.
"caution zone" for a cetacean means an area around the cetacean with a radius of:
(a) for a dolphin--150 metres; and
(b) for a whale--300 metres.
"cetacean" means an animal of the Suborder Mysticeti or Odontoceti of the Order Cetacea.
"changed company" has the meaning given by subsection 125(1).
"charge year" means a period of 12 months beginning on 1 April.
"coastal 1 kilometre line" has the same meaning as in the Zoning Plan.
"coastal 100 metre line" has the same meaning as in the Zoning Plan.
"coastal 500 metre line" has the same meaning as in the Zoning Plan.
"collapsible trap" has the meaning given by the General Fisheries Regulation.
"collected amount" has same meaning as in Part VA of the Act.
"commercial fisher" has the same meaning as in the General Fisheries Regulation.
"Commercial Fisheries Regulation" means the Fisheries (Commercial Fisheries) Regulation 2019 (Qld), as in force from time to time.
"Commonwealth Heritage value" has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999 .
"Commonwealth island" means an island that is:
(a) owned by the Commonwealth; and
(b) within the Marine Park.
"Conservation Park Zone" means the zone described in the Zoning Plan as the Conservation Park Zone.
"continuation application" means an application for a permission for which the following conditions are met:
(a) the permission is of the same kind and relates to the same conduct as a permission (the original permission ) the applicant holds or held;
(b) either:
(i) the application is made before the end of the period specified in the original permission as the period for which the permission is in force; or
(ii) the application is made after the end of that period but the Authority decides under subsection 83(4) to treat the application for the permission as having been made before the end of that period.
Note: Subsection 83(4) relates to applications for special permissions.
"CPI" means the All Groups Consumer Price Index number for Brisbane published by the Australian Statistician.
"crab pot" has the meaning given by the General Fisheries Regulation.
"cruise ship anchorage" has the same meaning as designated anchorage .
"Defence Force" means the Australian Defence Force.
"designated anchorage" means an area described in:
(a) Schedule 1; or
(b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(a) of this section--the declaration, as in force from time to time.
Note: A declaration under paragraph (2)(a) may add additional areas to the areas described in Schedule 1.
"dilly" has the meaning given by the General Fisheries Regulation.
"dinghy" :
(a) means a small open boat, having no designed sleeping accommodation, that has an overall length of less than 6 metres; and
(b) does not include a boat of the kind commonly known as a half - cabin boat.
"dolphin" means a member of the family Delphinidae or the family Phocoenidae.
"drying reef" means an area of reef exposed at low tide.
"engage in conduct" , when used in relation to an offence, has the meaning given by the Criminal Code .
"environmental impact statement" (except in item 6 of the table in subsection 202(6)) means an environmental impact statement under Subdivision C of Division 3 of Part 3.
"EOI notice" means a notice given under section 84.
"EPBC referral deemed application" means a referral under the Environment Protection and Biodiversity Conservation Act 1999 of a proposal to take an action that, under section 37AB of the Great Barrier Reef Marine Park Act 1975 , is taken to be an application for a permission.
"existing permission" has the same meaning as in the Hinchinbrook Plan of Management 2004 , as in force from time to time.
Note: Existing permission means a relevant permission (within the meaning of section 11 of this instrument) in force immediately before 15 April 2004 (which was the day the Hinchinbrook Plan of Management 2004 commenced).
"facility" has the same meaning as it has in subsection 3A(9) of the Act.
Note: A facility includes a building, a structure, a vessel, goods, equipment or services.
"fee-bearing application" means an application under Part 3 for a permission, except an application for a permission that is required to carry on an activity in the Marine Park for any of the following purposes in accordance with the Zoning Plan:
(a) the traditional use of marine resources;
(b) the taking, in accordance with a program approved by the Authority, of animals or plants that pose a threat to:
(i) human life or safety; or
(ii) marine or island ecosystems that are part of the Marine Park; or
(iii) the use and amenity of an area of the Marine Park or of adjacent areas.
"Fisheries Declaration" means the Fisheries Declaration 2019 (Qld), as in force from time to time.
"fishing or collecting" has the meaning given by the Zoning Plan.
Note 1: Fishing or collecting means taking any plant, animal or marine product in accordance with any limitations prescribed by this instrument. See also section 17.
Note 2: Fishing or collecting has the meaning given by the Act or its ordinary meaning in some sections of this instrument (see for example section 47).
"fix" , a net, means attach or anchor the net or part of the net to a place or thing to prevent the net or the part of the net from moving away from the position in which it is set.
"floating hotel" means a vessel that:
(a) has designed sleeping accommodation for persons who are not:
(i) crew; or
(ii) persons employed on the vessel for the purpose of the maintenance of the vessel or the provision of services; and
(b) is supplied with visitors by other vessels or by aircraft.
"full day amount" has the meaning given by subsection 217(2).
"General Fisheries Regulation" means the Fisheries (General) Regulation 2019 (Qld), as in force from time to time.
"General Use Zone" means the zone described in the Zoning Plan as the General Use Zone.
"grade A treated sewage" means sewage that has been treated and complies with the standard set out in Part 2 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).
Note 1: The standards for grade A treated sewage implement Resolution of MEPC.2(IV) MARPOL 73/78 made for the purposes of Annex IV of MARPOL 73/78.
Note 2: The samples of grade A treated sewage taken during the test period must not contain more than the following:
(a) 250 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;
(b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes;
(c) 50 mg/L of 5 day biochemical oxygen demand.
"grade B treated sewage" means sewage that has been treated and complies with the standard set out in Part 3 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).
Note: The samples of grade B treated sewage taken during the test period must not contain more than the following:
(a) 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure;
(b) 50 mg/L of total suspended solids content above the suspended solids content of ambient water used for flushing purposes.
"grade C treated sewage" means sewage that has been treated and complies with the standard set out in Part 4 of Schedule 5 to the Transport Operations (Marine Pollution) Regulation 2018 (Qld).
Note: The samples of grade C treated sewage taken during the test period must not contain more than 150 thermotolerant coliforms/100 mL, most probable number, as assessed by a multiple tube fermentation analysis or an equivalent analytical procedure.
"Habitat Protection Zone" means the zone described in the Zoning Plan as the Habitat Protection Zone.
"haul" , a net, means gather or retrieve the net or a part of the net for taking fish.
"hazardous goods" :
(a) has the same meaning as dangerous goods has in Chapter VII of the Annex to the International Convention for the Safety of Life at Sea, done at London on 1 November 1974, as in force for Australia from time to time; and
(b) includes noxious liquid substances within the meaning of Part III of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 .
Note: The Convention is in Australian Treaty Series 1983 No. 22 ([1983] ATS 22) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
"heli-pontoon" means a non - motorised, permanently moored facility that is used solely as a landing area for helicopters.
"high-speed vessel" means a personal watercraft, hovercraft or wing - in - ground - effect craft, or any other vessel if operated faster than 35 knots.
"Hinchinbrook authorisation" means an authorisation mentioned in the Hinchinbrook Plan of Management 2004 and granted under section 69.
"Hinchinbrook Planning Area" has the meaning given by the Hinchinbrook Plan of Management 2004 .
"holding company" has the same meaning as in the Corporations Act 2001 .
"hook" means any of the following:
(a) hook within the ordinary meaning of the expression;
(b) a single - shanked double or treble hook;
(c) a lure (that is, an artificial bait with no more than 3 hooks attached to it);
(d) an artificial fly;
(e) a jig for taking squid;
(f) a ganged hook set, consisting of no more than 6 hooks, each of which is in contact (by the point of one hook being threaded through the eye of another, or joined by a swivel or wire) with at least one of the other hooks in the set, used to attach one piece of bait and intended to catch only one fish;
(g) a bait jig (that is, a hook or a group of hooks consisting of no more than 6 hooks, each hook being of a size between number 1 and number 12 (both inclusive) or their equivalents).
"Indigenous heritage value" has the same meaning as indigenous heritage value has in the Environment Protection and Biodiversity Conservation Act 1999 .
"INF Code" means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High - Level Radioactive Wastes on Board Ships, done at London on 27 May 1999, as in force from time to time.
Note: The INF Code could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
"infringement notice offence" has the meaning given by subsections 243(1) and (2).
"infringement notice penalty" has the meaning given by subsections 243(1) and (2).
"inlet" means an area that includes the word inlet in its name as obtained by using the online tool for searching place names on Geoscience Australia's website.
Note: The online tool for searching place names could in 2024 be viewed on Geoscience Australia's website (www.ga.gov.au).
"lead core rope" means rope which, during manufacture, incorporates lead along the full length of the rope.
"limited research sampling" has the meaning given by subsection 20(2).
"Marine National Park Zone" means the zone described in the Zoning Plan as the Marine National Park Zone.
"mesh net" means a net suspended vertically through a water column, but does not include a trawl net.
Note 1: Examples of a net that is a mesh net include the following:
(a) a net commonly known as a bottom set net, which is a mesh net set along the seabed;
(b) a net commonly known as a ring net, which is a mesh net that is shot in a way that allows it to encircle the fish being targeted;
(c) a net referred to as a general purpose mesh net in the Commercial Fisheries Regulation;
(d) a net that is neither fixed nor hauled;
(e) a seine net;
(f) a set mesh net.
Note 2: Examples of a net that is not a mesh net include the following:
(a) a cast net;
(b) a scoop net;
(c) a set pocket net;
(d) a tunnel net.
"mesh size" :
(a) of a net that is knotted, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite knots of 10 meshes at least 30 cm from each other; and
(b) of a net that is knotless, means the average distance, when the mesh of the net is closed, between the inner edges of 2 diagonally opposite corners of 10 meshes at least 30 cm from each other.
For the purposes of this definition, the mesh of a net is closed when the inner edges of 2 diagonally opposing knots or corners of the mesh are pulled:
(c) by hand in opposite directions; and
(d) using no more force than is reasonably necessary to pull the mesh, or the material from which it is made, to its natural length;
so that the sides of the mesh, when the knots or corners are pulled as described, are as close to touching each other as is reasonably practicable.
"minor research aid" means any of the following:
(a) any of the following that is not powered in a way that poses a threat to the environment:
(i) apparatus, or equipment, authorised under Queensland fisheries legislation for recreational use;
(ii) a data logger;
(iii) a water - sampling device;
(iv) a sediment - sampling device;
(v) passive acoustic monitoring or survey equipment;
(vi) equipment for conducting an underwater video survey;
(b) a tag;
(c) a stake;
(d) a non - fixed plankton net;
(e) a sub - surface marker buoy;
(f) a surface marker buoy;
(g) a non - fixed transect tape or quadrat;
(h) clove oil in solution;
(i) equipment for fastening anything described in another paragraph of this definition.
"misuse of a public mooring" includes the following:
(a) attaching a vessel to the mooring by attaching the mooring tackle to a part of the vessel other than to its bow;
(b) attaching a vessel to the mooring when another vessel is already attached to the mooring;
(c) attaching a vessel (except a tender) to another vessel when that other vessel is attached to a mooring;
(d) attaching a vessel to another vessel when that other vessel is part of a chain of 2 or more attached vessels, and a vessel in that chain is attached to the mooring;
(e) if a vessel is attached to the mooring for the maximum period specified on a tag or buoy attached to the mooring--reattaching the vessel to the mooring within one hour of the end of that period;
(f) claiming to be the owner of the mooring or falsely claiming to have a preferential right to the use of the mooring;
(g) altering or moving the mooring;
(h) shortening a mooring rope attached to the mooring;
(i) manoeuvring a vessel under power while the vessel is attached to the mooring (except when the vessel is being released from the mooring);
(j) if a tag or buoy attached to the mooring includes instructions for the use of the mooring--not complying with an instruction on the tag or buoy.
Note: The following are examples for paragraph (j):
(a) a vessel attached to the mooring is over the maximum vessel length limit specified on the tag or buoy;
(b) a vessel has been attached to the mooring for longer than the maximum period specified on the tag or buoy;
(c) a vessel is attached to the mooring, or remains attached to the mooring, when the wind speed at the location of the mooring exceeds the maximum wind speed specified on the tag or buoy.
"misuse of public infrastructure" includes attaching a vessel to public infrastructure that is not intended for use by the attaching of vessels.
"modify" a condition includes vary, add, omit and substitute.
"mooring reference number" for a permitted mooring means:
(a) the unique number, or alphanumeric code, issued by or for:
(i) the Authority; or
(ii) the Government of Queensland; or
(iii) an authority of that Government;
in relation to the permitted mooring for display on the mooring buoy; or
(b) if the mooring is also a buoy mooring approved under the Transport Operations (Marine Safety) Regulation 2016 (Qld)--the identifying number for the buoy mooring mentioned in paragraph 190(a) of that Regulation.
"motorised water sport" means (except in section 26) any of the following activities:
(a) the irregular driving of a motorised vessel other than in a straight line (except for necessary turns or diversions), including:
(i) driving in a circle or other pattern; or
(ii) weaving or diverting; or
(iii) surfing down, or jumping over or across, any wave, swell or wash;
(b) any activity in which a high - speed vessel or a motorised vessel tows a person on top of the water or in the air (for example, waterskiing or parasailing);
(c) any activity in which a personal watercraft is used, except:
(i) for transiting an area or from a place to another place; or
(ii) if the personal watercraft can only be operated when fully submerged under the water and is only operated for the primary purpose of viewing the environment.
"N11 fish" has the same meaning as in the Commercial Fisheries Regulation.
"N11 fishery" has the same meaning as in the Commercial Fisheries Regulation.
"N11 licence" has the same meaning as it has in the Fisheries Declaration.
"National Heritage value" has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999.
"nearshore waters" means tidal waters that are less than 2 metres deep at low water, but does not include waters:
(a) in a river or creek upstream of a line across its banks at low water; or
(b) in an inlet.
net fishery (no. NX) has the same meaning as it has in the Commercial Fisheries Regulation.
"net free north area" means the area described in subsection 27(1B).
"net free south area" means the Marine Park excluding:
(a) the net free north area; and
(b) a Species Conservation (Dugong Protection) SMA.
Note: See section 44 for the designation of Species Conservation (Dugong Protection) SMAs.
"net that is neither fixed nor hauled" means a mesh net that, while it is used for taking fish:
(a) is allowed to move freely in the water; and
(b) is not fixed to a place or otherwise restricted in its movement by the person using the net.
"netting" has the meaning given by the Zoning Plan.
Note 1: Netting means netting in accordance with any limitations prescribed by this instrument. See also section 27.
Note 2: Netting has its ordinary meaning in some sections of this instrument (see for example section 15).
"no-anchoring area" means an area of the Marine Park that is located inshore of, or is enclosed by, a no - anchoring boundary line shown on a map in Schedule 3.
"non-bait fish" means a fish of any of the following species:
(a) bream of the genus Acanthopagrus or Rhabdosargus ;
(b) flathead of the genus Platycephalus ;
(c) whiting of the genus Sillago .
"non-fishing area of the Marine Park" means:
(a) a zone described in the Zoning Plan as:
(i) the Scientific Research Zone; or
(ii) the Marine National Park Zone; or
(iii) the Preservation Zone; or
(b) any other area of the Marine Park where the taking of fish is not permitted.
"Offshore Port Douglas Sector" has the same meaning as in Schedule 2 to the Cairns Area Plan of Management 1998 .
"offshore waters" means tidal waters that are at least 2 metres deep at low water, but does not include waters:
(a) in a river or creek upstream of a line across its banks at low water; or
(b) in an inlet.
"oil" (except in paragraph (h) of the definition of minor research aid ) means oil or an oily mixture within the meaning of Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 .
"operation" of a tourist program:
(a) has the same meaning as in subsection 3A(3) of the Act; and
(b) includes the construction, maintenance or operation of a building or other facility (or its removal or demolition) in the Marine Park, for a purpose of the tourist program.
"owner" of a vessel means:
(a) for a vessel that is registered under a law of a State or Territory providing for the registration of vessels--the registered owner; or
(b) for any other vessel--the person who is legally entitled to possession of the vessel.
"part day amount" has the meaning given by subsection 219(2).
"permission" means a permission to which Part 3 applies.
"permitted mooring" means a mooring, other than a public mooring, for which the Authority has granted a permission.
"personal watercraft" means a powered vessel that:
(a) has a fully enclosed hull that does not take on water if the vessel capsizes; and
(b) is designed to be operated by a person standing, crouching or kneeling on the vessel or sitting astride the vessel.
"PIP terms" has the meaning given by subsection 94(1).
"possess" a thing (except in paragraph (b) of the definition of owner in this subsection) means:
(a) have custody or control of the thing; or
(b) have an ability or right to obtain custody or control of the thing.
"primary commercial fishing vessel" means:
(a) a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a law of the Commonwealth, a State or a Territory, permitting the vessel to be used to take fish for commercial purposes; or
(b) a vessel that is used to take fish for commercial purposes.
"primary service" means a service that:
(a) forms part of a tourist program; and
(b) is not a secondary service.
"Princess Charlotte Bay specified area" means the area enclosed by the meridians 143 ï‚° 30.0 ï‚¢ E and 144 ï‚° 30.0 ï‚¢ E and the parallels 14 ï‚° 00.0 ï‚¢ S and 14 ï‚° 30.0 ï‚¢ S.
Note: The area defined is known as the Queensland fisheries logbook areas D11 and E11.
"private mooring" means a mooring other than a public mooring.
"prohibited dumping" :
(a) means dumping, in the Marine Park, an amount of capital dredge spoil material that prior to its excavation was, in situ, more than 15,000 cubic metres in volume; and
(b) does not include burying a pipe, cable or tube with capital dredge spoil material if the material had been excavated to create the trench in which the pipe, cable or tube was laid.
"prohibited vessel" means any of the following:
(a) a jet ski;
(b) a vessel that is being used for parasailing;
(c) a hovercraft;
(d) a hydrofoil;
(e) a wing - in - ground - effect craft;
(f) a motorised diving aid (for example, a motorised underwater scooter).
"proposed conduct" , in relation to an application for a permission, means the conduct proposed to be permitted by the permission.
"proposed conduct advertisement" has the meaning given by subparagraph 98(1)(c)(ii).
"Protocol of 1978" means the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships of 2 November 1973, as amended, done at London on 17 February 1978.
Note: The Protocol of 1978 is in Australian Treaty Series 1988 No. 29 ([1988] ATS 29) and could in 2019 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
"public environment report" (except in item 6 of the table in subsection 202(6)) for an activity means a public environment report under Subdivision C of Division 3 of Part 3.
"public infrastructure" :
(a) means infrastructure that is installed in the Marine Park by or for:
(i) the Authority; or
(ii) the Government of Queensland; or
(iii) an authority of that Government;
and relates to the use of the Marine Park by the public; and
(b) includes infrastructure covered by paragraph (a) that is:
(i) a reef protection marker; or
(ii) a buoy not attached to a public mooring; or
(iii) a sign; or
(iv) a boundary - marking rope.
"public mooring" :
(a) means a mooring that is installed in the Marine Park by or for:
(i) the Authority; or
(ii) the Government of Queensland; or
(iii) an authority of that Government;
and is labelled as a public mooring or otherwise intended for public use; and
(b) includes a mooring covered by paragraph (a) that is:
(i) a floating buoy, tag and tackle; or
(ii) a structure fixing the mooring to the seabed.
"purse seine net" means a seine net that is used to trap fish by drawing together or pursing the lower edge of the net with a drawstring attached to the edge.
"quarter" means a period of 3 months beginning on 1 January, 1 April, 1 July or 1 October.
"Queensland fisheries legislation" has the meaning given by the Zoning Plan.
Note: See also section 31.
"Queensland planning legislation" means:
(a) the Planning Act 2016 (Qld); or
(b) the Planning Regulation 2017 (Qld); or
(c) the State Planning Policy as defined in Schedule 24 to the Planning Regulation 2017 (Qld).
"recreational fisher" has the same meaning as in the General Fisheries Regulation.
"reef edge" has the same meaning as in the Zoning Plan.
"relevant heritage values" has the meaning given by subsection 176(2).
"relevant impacts" of proposed conduct or permitted conduct means:
(a) the potential direct and indirect impacts of the conduct, and the potential cumulative impacts of the conduct (in conjunction with other conduct, events and circumstances), on the environment, biodiversity, and heritage values, of the Marine Park or a part of the Marine Park; or
(b) the risk of the proposed conduct restricting reasonable use by the public of a part of the Marine Park and the extent of that restriction (if any).
"relevant net" means a cast net, a mesh net, a set pocket net or a tunnel net.
"representative Aboriginal/Torres Strait Islander body" has the same meaning as in the Native Title Act 1993 .
"research guidelines" means written policies about the conduct of research in the Marine Park that are published by the Authority, as they are in existence from time to time.
"research location" means:
(a) a discrete, identified reef; or
(b) a continuous non - reef area of up to 1,000 hectares.
"research project" means a diligent and systematic inquiry or investigation into a subject, in order to discover facts or principles, that has its own objectives, sampling design and outcomes.
"Ribbon Reefs Sector" has the same meaning as in Schedule 2 to the Cairns Area Plan of Management 1998 .
"scoop net" means a net with a handle that can be used to take fish by being formed into a scoop.
"secondary service" means a service that:
(a) forms part of a tourist program; and
(b) the Authority has determined, under section 212, to be a secondary service.
"secondary treatment" : sewage receives secondary treatment if the sewage complies with the following standards:
(a) 5 - day biochemical oxygen demand does not exceed 20 milligrams per litre;
(b) suspended solids do not exceed 30 milligrams per litre;
(c) pH value is between 6.0 and 8.5;
(d) dissolved oxygen is at least 2 milligrams per litre;
(e) Escherichia coli bacteria organisms in at least 5 samples of the effluent, collected at intervals of not less than half an hour:
(i) have, in respect of all the samples, a geometric mean value that is not more than 200 colonies per 100 millilitres; and
(ii) number, in 80% of the samples, less than 1000 colonies per 100 millilitres.
"seine net" means a mesh net, with or without a pocket, that can be:
(a) shot in a way that partly encircles the fish being targeted; and
(b) hauled, including by the use of a vessel, in a way that concentrates the fish in an area for taking them.
"set" , a net, means fix the net or part of it in a way that it can trap fish.
"set mesh net" means a mesh net that has:
(a) two or more points that are each fixed to the ground, the bed of a body of water or a thing to prevent the net from moving from the position in which it is set; or
(b) a point that is fixed to a vessel and another point that is fixed to the ground, the bed of a body of water or a thing.
"set pocket net" means a bag shaped net that is set across a current or tide to trap fish.
"sewage" means drainage and other waste from any form of toilet or urinal (including waste water that includes such drainage or waste).
"shoot" , a net, means place or spread the net, or part of it, in a way that it can trap fish.
"sightseeing aircraft excursion" means an aircraft excursion that:
(a) is provided under a chargeable permission; and
(b) returns to, and disembarks passengers at, the place from which the aircraft embarked the passengers without landing at any other place; and
(c) has sightseeing as its sole purpose.
"SMA" means Special Management Area.
"special management provision" has the meaning given by subsection 42(1).
"special permission" has the meaning given by subsections 82(1), (2) and (3).
"special tourism permission" means a permission to conduct a tourist program, or to conduct an activity under a tourist program, if:
(a) this instrument or a plan of management has imposed a limit on the number of such permissions that may be granted; or
(b) a plan of management declares such permissions to be special tourism permissions for the purposes of this instrument.
"standard tourist program charge" means charge that is payable under section 215.
"stowed or secured" in relation to equipment for fishing or collecting has the meaning given by the Zoning Plan.
Note: See also section 33 which prescribes requirements for the purposes of the definition of stowed or secured in the Zoning Plan.
"subsidiary" has the same meaning as in the Corporations Act 2001 .
"superyacht" means a high - value, luxury sailing or motor vessel in use for sport or pleasure (whether for private or commercial use).
"superyacht anchorage" means an area described in:
(a) Schedule 2; or
(b) without limiting paragraph (a), if a declaration is in force under paragraph (2)(c) of this section--the declaration, as in force from time to time.
Note: A declaration under paragraph (2)(c) may add additional areas to the areas described in Schedule 2.
"swimming-with-whales activity" means an activity for the purpose of enabling tourists to swim, snorkel or scuba dive with cetaceans, or to observe cetaceans while in the water with them, including:
(a) using an aircraft or vessel to find cetaceans for that purpose; and
(b) placing tourists in the water for that purpose.
"takes part i" n a tourist program has the meaning given by section 214.
"tertiary treatment" : sewage receives tertiary treatment if the sewage has received secondary treatment and the sewage complies with the following standards:
(a) either:
(i) total nitrogen content is less than 4 milligrams per litre and the total phosphorus content is less than 1 milligram per litre; or
(ii) if subparagraph (i) does not apply--no more than 5% of the annual volume of effluent generated is discharged into the Marine Park at a land - based outfall;
(b) total oil and grease content is less than 10 mg/litre;
(c) the effluent does not produce a slick or any other visible evidence of oil or grease;
(d) if the effluent has been disinfected by chlorination, the effluent does not contain by - products of the disinfection that may pollute water in a manner harmful to animals or plants in the Marine Park.
"tourist" has the same meaning as it has in subsection 3A(9) of the Act.
"Traditional Owner" has the same meaning as traditional owner has in the Act.
"Traditional Owner group" has the same meaning as traditional owner group has in subsection 34(2).
"transfer passenger" means a person who:
(a) is transported into the Marine Park and disembarked at a place contiguous to, or at a wharf or jetty within or partly within, the Marine Park by a person who holds a permission for a tourist program; and
(b) is transported by the most direct reasonable route; and
(c) does not:
(i) during the course of travel in the Marine Park--engage in any tourist activity provided by the permission holder; and
(ii) at the disembarkation destination, for at least 2 hours after disembarkation--engage in any tourist activity provided by the permission holder under that permission.
"transiting" : a vessel or aircraft is transiting an area (however described), or from a place (the origin ) to another place (the destination ), if the vessel or aircraft is travelling:
(a) through the area, or from the origin to the destination, by the most direct and reasonable route; and
(b) in the case of a vessel--in such a manner that, at all times when the vessel is on that route, the vessel is being propelled (whether by engine, sail or human power) through the water in a forward direction and is not adrift.
For this purpose, it does not matter where the origin or the destination is, whether the origin is a point or an area or whether the destination is a point or an area.
"trawl net" means a net that may be used in the fishery area of the east coast trawl fishery (as described in Part 1 of Schedule 2 to the Commercial Fisheries Regulation) under the fishery provisions (within the meaning of that Regulation) about the fishery, and includes any other fishing or collecting apparatus normally used with the net.
Note: Examples of other fishing or collecting apparatus normally used with a trawl net include ground chains or ropes.
"TUMRA" (short for traditional use of marine resources agreement) has the same meaning as traditional use of marine resources agreement has in the Zoning Plan.
"TUMRA holder" , in relation to a TUMRA, is an individual:
(a) who is a member of the Traditional Owner group covered by the TUMRA; and
(b) to whom correspondence may be sent on behalf of the group.
"tunnel net" means a net, supported by stakes, in which there is an opening so fish trapped by the net can enter a trough or tunnel formed by the net.
"use" , a net, includes:
(a) setting and shooting the net; and
(b) for a trawl net--also includes having the net rigged for fishing or collecting.
"visitor" means a person to whom a service is provided under a chargeable permission, but who is not:
(a) a transfer passenger; or
(b) a person of one of the following kinds, in respect of whom the holder of the permission is not paid a fee for the provision of the service:
(i) a child aged less than 4 years;
(ii) a person visiting the Marine Park as a beneficiary of a charity registered under a law of the Commonwealth, a State or a Territory;
(iii) a member of a school - supervised school group;
(iv) a person engaged in the tourism industry who is visiting the Marine Park for trade familiarisation or who is accompanying visitors to the Marine Park as driver, guide, instructor, or for a similar reason;
(v) a person engaged in the newspaper, broadcasting or other information media who is visiting the Marine Park for the purpose of reporting on a matter in the Marine Park.
"whale" means a cetacean other than a dolphin.
"whale protection area" means a whale protection area in Schedule 4.
"whale watching activity" means an activity (other than a swimming - with - whales activity) conducted for the purpose of enabling tourists to observe cetaceans, including using a vessel or aircraft to find cetaceans for that purpose.
"Whitsunday Planning Area" has the meaning given by the Whitsundays Plan of Management 1998 , as in force from time to time.
"wreck" has the meaning given by the Zoning Plan.
"Zoning Plan" means the Great Barrier Reef Marine Park Zoning Plan 2003 , as in force from time to time.
Declarations
(2) The Authority may, by notifiable instrument, declare an area described in the declaration to be:
(a) a designated anchorage for the purposes of the definition of designated anchorage in subsection (1); or
(c) a superyacht anchorage for the purposes of the definition of superyacht anchorage in subsection (1).
(3) In making a declaration under subsection (2), the Authority must have regard to the environmental, economic and social values of the area described.