Commonwealth Numbered Acts Commonwealth Numbered Acts
Great Barrier Reef Marine Park Act 1975
1 After section 2
Insert:
(1) The main object of this Act is to provide for the long term protection and conservation of the environment, biodiversity and heritage values of the Great Barrier Reef Region.
(2) The other objects of this Act are to do the following, so far as is consistent with the main object:
(a) allow ecologically sustainable use of the Great Barrier Reef Region for purposes including the following:
(i) public enjoyment and appreciation;
(ii) public education about and understanding of the Region;
(iii) recreational, economic and cultural activities;
(iv) research in relation to the natural, social, economic and cultural systems and value of the Great Barrier Reef Region;
(b) encourage engagement in the protection and management of the Great Barrier Reef Region by interested persons and groups, including Queensland and local governments, communities, Indigenous persons, business and industry;
(c) assist in meeting Australia's international responsibilities in relation to the environment and protection of world heritage (especially Australia's responsibilities under the World Heritage Convention).
(3) In order to achieve its objects, this Act:
(a) provides for the establishment, control, care and development of the Great Barrier Reef Marine Park; and
(b) establishes the Great Barrier Reef Marine Park Authority; and
(c) provides for zoning plans and plans of management; and
(d) regulates, including by a system of permissions, use of the Great Barrier Reef Marine Park in ways consistent with ecosystem‑based management and the principles of ecologically sustainable use; and
(e) facilitates partnership with traditional owners in management of marine resources; and
(f) facilitates a collaborative approach to management of the Great Barrier Reef World Heritage area with the Queensland government.
2 Subsection 3(1) (definition of Australian coastal sea )
Repeal the definition.
3 Subsection 3(1)
Insert:
"Australian jurisdiction" has the meaning given by subsection 5(4).
4 Subsection 3(1)
Insert:
"continental shelf" has the same meaning as in the Seas and Submerged Lands Act 1973 .
5 Subsection 3(1) (definition of continental shelf of Australia )
Repeal the definition.
6 Subsection 3(1) (definition of Director )
Repeal the definition.
7 Subsection 3(1) (definition of ecological community )
Repeal the definition.
8 Subsection 3(1)
Insert:
"ecologically sustainable use" has the meaning given by section 3AA.
9 Subsection 3(1)
Insert:
"ecosystem-based management" means an integrated approach to managing an ecosystem and matters affecting that ecosystem, with the main object being to maintain ecological processes, biodiversity and functioning biological communities.
10 Subsection 3(1)
Insert:
"exclusive economic zone" has the same meaning as in the Seas and Submerged Lands Act 1973 .
11 Subsection 3(1)
Insert:
"Indigenous person" means a person who is:
(a) a member of the Aboriginal race of Australia; or
(b) a descendant of an Indigenous inhabitant of the Torres Strait Islands.
12 Subsection 3(1)
Insert:
"precautionary principle" means the principle that lack of full scientific certainty should not be used as a reason for postponing a measure to prevent degradation of the environment where there are threats of serious or irreversible environmental damage.
13 Subsection 3(1)
Insert:
"principles of ecologically sustainable use" has the meaning given by section 3AB.
14 Subsection 3(1) (definition of right )
Repeal the definition.
15 Subsection 3(1) (definition of species )
Repeal the definition.
16 Subsection 3(1)
Insert:
"traditional owner" means an Indigenous person:
(a) who is recognised in the Indigenous community or by a relevant representative Aboriginal or Torres Strait Islander body:
(i) as having spiritual or cultural affiliations with a site or area in the Marine Park; or
(ii) as holding native title in relation to that site or area; and
(b) who is entitled to undertake activities under Aboriginal or Torres Strait Islander custom or tradition in that site or area.
17 After subsection 3(1)
Insert:
(1A) In this Act, the following terms have the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999 :
"approved conservation advice"
"Australian aircraft"
"Australian IUCN reserve management principles"
"Australian vessel"
"biodiversity"
"bioregional plan"
"cetacean"
"critical habitat"
"ecological community"
"ecosystem"
"environment"
"heritage value"
"IUCN category"
"key threatening process"
"listed marine species"
"listed migratory species"
"listed threatened ecological community"
"listed threatened species"
"recovery plan"
"species"
"threat abatement plan"
"wildlife conservation plan"
"World Heritage Convention"
"world heritage values"
18 After section 3
Insert:
3AA Ecologically sustainable use
For the purposes of this Act, ecologically sustainable use of the Great Barrier Reef Region or its natural resources is use of the Region or resources:
(a) that is consistent with:
(i) protecting and conserving the environment, biodiversity and heritage values of the Great Barrier Reef Region; and
(ii) ecosystem‑based management; and
(b) that is within the capacity of the Region and its natural resources to sustain natural processes while maintaining the life‑support systems of nature and ensuring that the benefit of the use to the present generation does not diminish the potential to meet the needs and aspirations of future generations.
3AB Principles of ecologically sustainable use
For the purposes of this Act, the following principles are principles of ecologically sustainable use :
(a) decision‑making processes should effectively integrate both long‑term and short‑term environmental, economic, social and equitable considerations;
(b) the precautionary principle;
(c) the principle of inter‑generational equity--that the present generation should ensure that the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations;
(d) the conservation of biodiversity and ecological integrity should be a fundamental consideration in decision‑making;
(e) improved valuation, pricing and incentive mechanisms should be promoted.
19 Subsection 4(2)
Repeal the subsection.
Note: The heading to section 4 is replaced by the heading " Act to bind Crown ".
20 Section 5
Repeal the section, substitute:
Extension to external Territories
(1) This Act extends to every external Territory.
Limited extraterritorial application
(2) This Act applies to acts, omissions, matters and things in the Australian jurisdiction, and does not apply to acts, omissions, matters and things outside the Australian jurisdiction except so far as the contrary intention applies.
Application to everyone in Australia and exclusive economic zone
(3) A provision of this Act that has effect in relation to a place that is within the outer limits of the exclusive economic zone of Australia (whether the place is in the zone or in Australia or an external Territory), or that is on or in the continental shelf of Australia, applies in relation to the following:
(a) all persons (including persons who are not Australian citizens);
(b) all vessels (including vessels that are not Australian vessels);
(c) all aircraft (including aircraft that are not Australian aircraft);
(d) all platforms.
Note: A reference to Australia or to an external Territory generally includes a reference to the coastal sea of Australia or the Territory (as appropriate). See section 15B of the Acts Interpretation Act 1901 .
Definition of Australian jurisdiction
(4) In this Act:
"Australian jurisdiction" means:
(a) the land, waters, seabed and airspace in, under or above:
(i) Australia; or
(ii) an external Territory; or
(iii) the exclusive economic zone of Australia; or
(b) the continental shelf of Australia.
Note: A reference to Australia or to an external Territory generally includes a reference to the coastal sea of Australia or the Territory (as appropriate). See section 15B of the Acts Interpretation Act 1901 .
21 At the end of section 7
Add:
(3) In managing the Marine Park and performing its other functions, the Authority must have regard to, and seek to act in a way that is consistent with:
(a) the objects of this Act in section 2A; and
(b) the principles of ecologically sustainable use; and
(c) the protection of the world heritage values of the Great Barrier Reef World Heritage Area.
(4) The Authority may prepare and publish plans and policies about:
(a) the way in which the Authority intends to manage the Marine Park or perform its other functions; and
(b) the way in which the Authority considers that this Act or a zoning plan applies:
(i) in relation to persons generally or a class of persons; or
(ii) in relation to persons generally, or a class of persons, in relation to particular circumstances.
(5) A plan or policy prepared under subsection (4) is not a legislative instrument.
22 Section 39Z
Repeal the section.
23 Subsections 54(6) and 65(1)
Repeal the subsections.
24 Subsection 65(2)
Omit "(2)".
25 At the end of section 66
Add:
(13) Despite subsection 14(2) of the Legislative Instruments Act 2003 , the regulations may make provision in relation to a matter by applying, adopting or incorporating any matter contained in an instrument or other writing as in force or existing from time to time.
Great Barrier Reef Marine Park (Environmental Management Charge--Excise) Act 1993
26 Section 3
Repeal the section, substitute:
3 Application of the Great Barrier Reef Marine Park Act 1975
Sections 4 and 5 of the Great Barrier Reef Marine Park Act 1975 apply in relation to this Act in a corresponding way to the way in which they apply in relation to that Act.
Great Barrier Reef Marine Park (Environmental Management Charge--General) Act 1993
27 Section 3
Repeal the section, substitute:
3 Application of the Great Barrier Reef Marine Park Act 1975
Sections 4 and 5 of the Great Barrier Reef Marine Park Act 1975 apply in relation to this Act in a corresponding way to the way in which they apply in relation to that Act.