Commonwealth Numbered Acts

GREAT BARRIER REEF MARINE PARK AMENDMENT ACT 1990 No. 44 of 1990 - SECT 3

3. After section 3 of the Principal Act the following section is inserted:
Interpretation of zoning plans

"3A. (1) In the interpretation of a zoning plan, this section has effect in
addition to section 3.

"(2) If:

   (a)  a provision of a zoning plan (in this subsection called the 'first
        provision') has the effect that a particular activity in a particular
        area requires permission; and

   (b)  another provision of the zoning plan (in this subsection called the
        'second provision') would, apart from this subsection, have the effect
        that the same activity in the same area does not require permission;
        the first provision prevails over the second provision.

"(3) In a zoning plan, a reference to the operation, to the conduct, or to the
establishment, of a tourist program is a reference to an activity (whether
consisting of a single act or a series of acts) that:

   (a)  is in the course of carrying on business; and

   (b)  is or includes the provision of transport, accommodation or services
        for tourists or for persons who include tourists.

"(4) In a zoning plan, a reference to the provision of a tourist facility is a
reference to the provision, in the course of carrying on business, of a
facility for tourists or for persons who include tourists.

"(5) In a zoning plan, a reference to the construction or provision of a
facility for a tourist program is a reference to the construction or
provision, in the course of carrying on business, of a facility for an
activity (whether consisting of a single act or a series of acts) that is or
includes the provision of transport, accommodation or services for tourists or
for persons who include tourists.

"(6) In a zoning plan, a reference to the operation, to the conduct, or to the
establishment, of an educational program is a reference to the provision
(whether as a single act or a series of acts) of transport, accommodation or
services for a group or groups of 6 or more persons (none of whom is a
tourist) principally for the purpose of systematically educating those
persons.

"(7) In a zoning plan, a reference to the provision of an educational facility
is a reference to the provision of a facility for a group of 6 or more persons
(none of whom is a tourist) principally for the purpose of systematically
educating those persons.

"(8) In a zoning plan, a reference to the construction or provision of a
facility for an educational program is a reference to the construction or
provision of a facility for the provision (whether as a single act or a series
of acts) of transport, accommodation or services for a group or groups of 6 or
more persons (none of whom is a tourist) principally for the purpose of
systematically educating those persons.

"(9) In this section, and in a zoning plan:
'facility' includes a building, a structure, a vessel, goods, equipment or
services;
'tourist' means a person who is in the Marine Park principally for the purpose
of recreation (which may include fishing or collecting).

"(10) For the purposes of subsection 38B (2), this section is not to be
regarded as amending a zoning plan.".