Great Barrier Reef Marine Park Act 1975
1 Subsection 3(1) (definition of compulsory pilotage area)
2 Subsection 3(1) (definition of inner route) 3 After
section 3A
(1) Where it is necessary for the purposes of this Act to determine the
position on the surface of the Earth of a point, line or area that is
specified by reference to one or more geographic co-ordinates, then that
position must be determined, unless the contrary intention appears, by
reference to the Australian Geodetic Datum as defined in Gazette No. 84
of 6 October 1966.
4 At the end of section 38A (2) A person is guilty of an offence
if the person uses or enters a zone for a purpose other than a purpose that is
permitted under the zoning plan that relates to the zone. Penalty: 60 penalty
units. (3) An offence under subsection (2) is an offence of strict
liability.
5 After section 38C
(1) A person is guilty of an offence if:
Penalty: 2,000 penalty units. (2) In this section:
fish includes all species of bony fish, sharks, rays, crustaceans, molluscs
and other marine organisms, but does not include marine mammals or marine
reptiles.
fishing means any of the following:
take , in relation to fish, means catch, capture, take or harvest.
38CB Permission requirements to be observed for fishingzoned area
Penalty: 2,000 penalty units. (2) Strict liability applies to
paragraph (1)(a).
(3) In this section:
38CC Contravening conditions of permit or authority in relation to
fishingzoned area
Penalty: 2,000 penalty units. (2) The fault element for paragraph (1)(d)
is negligence.
(3) In this section:
6 Subsection 38J(1) (1) A person is
guilty of an offence if:
Penalty: 2,000 penalty units. (1A) Subsection (1) does not apply if the
discharge is sewage.
(1B) A person is guilty of an offence if:
Penalty: 500 penalty units. (1C) An offence under subsection (1B) is an
offence of strict liability.
(1D) Subsection (1B) does not apply if the discharge is sewage.
7 Paragraphs 38J(5)(c) and (d) 8 Subsection 38J(6) 8A After subsection 38L(3) (3A) The
regulations may prescribe measures for the management of the discharge of
sewage from vessels in the Marine Park and may create offences, not
inconsistent with this Act, relating to the discharge of sewage from vessels. 38M Zones to be used only by permitted ships Operators (1) A person is guilty of an offence if:
Penalty: 2,000 penalty units. Owners and operators (2) If:
(3) An offence under subsection (2) is an offence of strict liability.
Interpretation (4) In this section:
38MA Permission requirements to be observed for shipszoned area Operators (1) A person is guilty of an offence if:
Penalty: 2,000 penalty units. (2) Strict liability applies to
paragraph (1)(a).
Owners and operators (3) If:
(4) An offence under subsection (3) is an offence of strict liability.
Interpretation (5) In this section:
38MB Contravening conditions of permit or authority in relation to
shipszoned area
Penalty: 2,000 penalty units. (2) The fault element for paragraph (1)(d)
is negligence.
(3) In this section:
38MC Vessels causing damage in the Marine Park Operators (1) A person is
guilty of an offence if:
Penalty: 2,0 00 penalty units. Owners and operators (2) If a vessel is
operated in the Marine Park and that operation results in, or is likely to
result in, damage to the Marine Park, the operator and the owner of the vessel
are each guilty of an offence punishable on conviction by a fine of not more
than 500 penalty units.
10 Subsections 38N(1) and (2) 11 Subsection
38N(7) 12 After subsection 66(3)
(4) A regulation is taken not to be inconsistent with a zoning plan merely
because it:
(4A) Nothing in subsection (4) allows a regulation to allow or permit an
activity that is otherwise prohibited by the zoning plan concerned. compulsory
pilotage area means any part of the Great Barrier Reef Region that is
prescribed by the regulations.
(2) In this section: geographic co-ordinate includes:
this Act includes the following:
boat means launch,
vessel or floating craft of any description.
processing , in relation to fish, includes the work of cutting up,
dismembering, cleaning, sorting, packing or freezing.
(1) A person is guilty of an offence if:
fishing has the same meaning as in section 38CA.
(1) A person is guilty of an offence if:
engage in conduct means:
(3B) Regulations made for the purposes of subsection (3A) may provide a
maximum penalty for an offence against the regulations not exceeding the
maximum penalty for an offence against subsection (1), but nothing in this
subsection enables the regulations to provide penalties of imprisonment.
9
After section 38L
the operator and the owner of the ship are each guilty of an offence
punishable on conviction by a fine of not more than 500 penalty units.
ship has the same meaning as in the
zoning plan concerned.
the operator and the owner of the ship are each guilty of an offence
punishable on conviction by a fine of not more than 500 penalty units.
ship has the same meaning as in the
zoning plan concerned.
(1) A person is guilty of an offence if:
engage in conduct means:
(3) An offence under subsection (2) is an offence of strict liability.
13
Schedule 2
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