Commonwealth Numbered Acts Commonwealth Numbered ActsPart 1 -- Amendment of the Environment Protection and Biodiversity Conservation Act 1999
Environment Protection and Biodiversity Conservation Act 1999
1 At the end of section 321
Add:
(3) Subsection (2) does not apply in relation to so much of a property as is in the Great Barrier Reef Marine Park.
Note: A zoning plan must be prepared under the Great Barrier Reef Marine Park Act 1975 for areas that are part of the Great Barrier Reef Marine Park. In preparing a zoning plan, regard must be had to the Australian World Heritage management principles.
2 After subsection 324X(2)
Insert:
(2A) Subsection (2) does not apply in relation to so much of a place as is in the Great Barrier Reef Marine Park.
Note: A zoning plan must be prepared under the Great Barrier Reef Marine Park Act 1975 for areas that are part of the Great Barrier Reef Marine Park. In preparing a zoning plan, regard must be had to the National Heritage management principles.
Part 2 -- Amendment of the Great Barrier Reef Marine Park Act 1975
Great Barrier Reef Marine Park Act 1975
3 Subsection 3(1)
Insert:
"community group having a special interest" has a meaning affected by section 39V.
4 Subsection 3(1) (definition of plan of management )
Omit "under section 39ZD", substitute "in accordance with Part VB".
5 Subsection 3(1)
Insert:
"public notice" means a notice published:
(a) in the Gazette ; and
(b) in a newspaper circulating generally in Queensland; and
(c) on the website of the Authority; and
(d) in such other manner (if any) as the Authority considers appropriate.
6 Subsection 3(1) (at the end of the definition of zone )
Add "(whether designated in the plan as a zone, area or some other designation)".
7 Subsection 3(1) (definition of zoning plan )
Omit "in pursuance of section 32", substitute "in accordance with Division 2 of Part V".
8 Subsection 3(3)
Repeal the subsection.
9 Paragraph 7(1)(c)
Before "Part V", insert "Division 2 of".
10 Before section 30
Insert:
Division 1 -- Great Barrier Reef Marine Park
11 At the end of subsection 31(1)
Add:
Note: A Proclamation under subsection (1) is a legislative instrument but is not subject to disallowance or sunsetting (see item 23 of the table in subsection 44(2), and item 22 of the table in subsection 54(2), of the Legislative Instruments Act 2003 ).
12 Subsection 31(3)
Omit "subsection (4)", substitute "subsections (4) and (5)".
13 At the end of subsection 31(3)
Add:
Note: A Proclamation under subsection (3) is a legislative instrument but is not subject to disallowance or sunsetting (see item 23 of the table in subsection 44(2), and item 22 of the table in subsection 54(2), of the Legislative Instruments Act 2003 ).
14 At the end of section 31
Add:
(6) Before preparing the report, the Authority must, by public notice:
(a) state that the area is proposed to be included in the Marine Park; and
(b) state the boundaries of the area; and
(c) state any name or other designation proposed for the area; and
(d) invite the public to make comments in connection with the proposal by the date specified in the notice (which must be at least 60 days after the date the notice is published in the Gazette ); and
(e) specify the address to which comments must be sent.
(7) The Authority must include in the report any comments made in accordance with the notice and the Authority's views on the comments.
15 Sections 32 and 33
Repeal the sections, substitute:
(1) The objects of this Division are:
(a) to regulate the use of the Marine Park so as to:
(i) protect the ecosystem within the Great Barrier Reef Region; and
(ii) ensure the use is ecologically sustainable use; and
(iii) manage competing usage demands; and
(b) to protect areas in the Marine Park that are of high conservation value; and
(c) to protect and conserve the biodiversity of the Marine Park, including ecosystems, habitats, populations and genes; and
(d) to regulate activities that exploit the resources of the Great Barrier Reef Region so as to:
(i) minimise the adverse effect of those activities on the Great Barrier Reef; and
(ii) ensure the ecologically sustainable use of the resources; and
(e) to protect the world heritage values of the Great Barrier Reef World Heritage Area; and
(f) to provide for the ecologically sustainable use of marine resources by traditional owners consistent with their traditional practices; and
(g) to reserve some areas of the Great Barrier Reef Region for public enjoyment and appreciation; and
(h) to preserve some areas of the Great Barrier Reef Region in a natural state, undisturbed except for the purposes of scientific research that cannot be undertaken elsewhere in the Marine Park.
(2) To achieve these objects, this Division provides for the preparation of zoning plans in respect of areas in the Marine Park.
32A When zoning plans must be prepared
As soon as practicable after an area has been declared under section 31 to be part of the Marine Park, the Authority must prepare a zoning plan in respect of the area.
(1) A zoning plan prepared in respect of an area must provide that, for the purposes of this Act, the area:
(a) constitutes a single zone; or
(b) is divided into 2 or more zones described in the plan.
(2) The plan must do the following in relation to the zone or each of the zones:
(a) give the zone a name or other designation;
(b) make provision with respect to the purposes for which the zone may be used or entered;
(c) designate an IUCN category for the zone, or each part of the zone.
32C Notice of intention to prepare zoning plan
(1) Before preparing a zoning plan in respect of an area, the Authority must, by public notice:
(a) state that it intends to prepare a zoning plan in respect of the area; and
(b) invite the public to make comments in connection with the proposed plan by the date specified in the notice (which must be at least 3 months after the date the notice is published in the Gazette ); and
(c) specify the address to which comments must be sent; and
(d) specify that the following are publicly available and how a copy may be obtained:
(i) principles approved under section 34;
(ii) a statement prepared under subsection 35(1).
(2) The Authority must consider any comments made in accordance with the notice.
16 Subsection 34(9)
Omit "section 33", substitute " section 38 of the Legislative Instruments Act 2003 ".
17 After section 35
Insert:
35A Matters to which Authority must have regard when preparing zoning plans
(1) The Authority must, in preparing a zoning plan in respect of an area (the zoning plan area ), have regard to the following:
(a) the objects of this Division;
(b) the principles approved under section 34 relating to the preparation of the plan;
(c) any reports that have been given to the Minister under section 54;
(d) any matter protected by a provision of Part 3 of the Environment Protection and Biodiversity Conservation Act 1999 that is relevant to the zoning plan area;
(e) any approved conservation advice, bioregional plan, recovery plan, threat abatement plan or wildlife conservation plan that is relevant to the zoning plan area;
(f) any value, plan or principle referred to in Part 15 of the Environment Protection and Biodiversity Conservation Act 1999 that relates to a property, place, wetland or other area that is in the zoning plan area;
(g) any habitat in the zoning plan area that is critical habitat;
(h) any plan made under the Marine Parks Act 2004 of Queensland or the Nature Conservation Act 1992 of Queensland that is relevant to the zoning plan area;
(i) any other matter prescribed by the regulations for the purposes of this paragraph.
(2) In designating an IUCN category in relation to a zone for the purposes of paragraph 32B(2)(c), the Authority must have regard to:
(a) the purposes for which the zone may be used or entered; and
(b) the Australian IUCN Reserve Management Principles for the category.
35B Notice of preparation of zoning plan
(1) When the Authority has prepared a zoning plan in respect of an area, it must, by public notice:
(a) state that a zoning plan has been prepared in respect of the area; and
(b) invite the public to make comments in connection with the plan by the date specified in the notice (which must be at least 3 months after the date the notice is published in the Gazette ); and
(c) specify the address or addresses at which copies of the plan may be inspected or purchased; and
(d) specify the address to which comments must be sent; and
(e) specify that a statement prepared under subsection 35(2) is publicly available and how a copy may be obtained.
(2) The Authority must consider any comments made in accordance with the notice and, if it thinks fit, alter the plan accordingly.
35C Zoning plans must be submitted to Minister
Submission to Minister
(1) When the Authority has prepared a zoning plan in respect of an area, it must submit to the Minister:
(a) the plan; and
(b) if comments have been made in accordance with a notice under section 35B in connection with the plan--those comments, together with the Authority's views on those comments.
Plan may be accepted or referred
(2) The Minister may:
(a) accept the plan; or
(b) refer the plan to the Authority, together with the Minister's suggestions, for further consideration.
Process after plan is referred
(3) If the plan is referred to the Authority, it must, as soon as practicable after receiving the plan, further consider the plan, having regard to the Minister's suggestions.
(4) The Authority must then submit the plan again, with or without alterations, to the Minister, together with its views on the Minister's suggestions.
(5) When the plan is again submitted to the Minister, the Minister must, as soon as practicable after receiving the plan:
(a) accept the plan; or
(b) accept the plan after making such alterations as the Minister thinks fit.
(6) If the Minister alters the plan under subsection (5), the Minister must prepare a report:
(a) specifying the alterations; and
(b) setting out any views expressed by the Authority in respect of the matters to which the alterations relate.
(7) The report must accompany the plan when it is laid before both Houses of the Parliament under section 38 of the Legislative Instruments Act 2003 .
Matters to which Minister must have regard
(8) In deciding whether to accept a zoning plan under this section, the Minister must have regard to the obligations of Australia under international law, including obligations under any agreement or arrangement between Australia and another country or countries.
35D Zoning plans are legislative instruments
A zoning plan prepared by the Authority and accepted by the Minister is a legislative instrument made by the Minister on the day on which the plan is accepted, but neither section 42 (disallowance) nor Part 6 (sunsetting) of the Legislative Instruments Act 2003 applies to the plan.
35E Disallowance of zoning plans
(1) If notice of a motion to disallow a zoning plan is given in a House of the Parliament within 15 sitting days of that House after a copy of the plan was laid before that House, the House may, within 15 sitting days of that House after the giving of that notice, pass a resolution, in pursuance of the motion, disallowing the plan.
Note: A zoning plan is a legislative instrument (see section 35D) and must be laid before each House of the Parliament under section 38 of the Legislative Instruments Act 2003 .
(2) If:
(a) notice of a motion to disallow a zoning plan is given in a House of the Parliament within 15 sitting days of that House after a copy of the plan was laid before that House; and
(b) before the end of 15 sitting days of that House after the giving of that notice of motion, the House of Representatives is dissolved or expires, or the Parliament is prorogued; and
(c) at the time of the dissolution, expiry or prorogation, as the case may be:
(i) the notice has not been withdrawn and the motion has not been called on; or
(ii) the motion has been called on, moved and (where relevant) seconded and has not been withdrawn or otherwise disposed of;
the plan is taken, for the purposes of this section, to have been laid before the first‑mentioned House on the first sitting day of that first‑mentioned House after the dissolution, expiry or prorogation, as the case may be.
(3) If either House of the Parliament passes a resolution in accordance with subsection (1) disallowing a zoning plan:
(a) the Minister must direct the Authority to prepare a fresh plan; and
(b) the Authority must prepare a fresh plan in accordance with this Division.
35F Commencement of zoning plans
(1) If:
(a) a zoning plan has been laid before both Houses of the Parliament under section 38 of the Legislative Instruments Act 2003 ; and
(b) neither House of the Parliament passes a resolution in accordance with subsection 35E(1) disallowing the plan;
the Minister must, as soon as practicable after the end of the last day on which a resolution disallowing the plan could have been passed, state, by public notice, that the plan is to come into operation on the date specified in the notice (which must not be earlier than the date the notice is published in the Gazette ).
(2) The plan comes into operation on the date specified in the notice.
(3) The notice:
(a) must specify an address or addresses at which copies of the plan may be inspected or purchased; and
(b) may contain:
(i) a description of the zone or zones to which the plan relates; and
(ii) any other particulars of the plan.
35G Statement about operational principles
Within 60 days after the day on which a notice under section 35F is published in the Gazette in relation to a zoning plan, the Authority must make publicly available a report that contains a statement of how the Authority, in preparing the plan, had regard to the principles approved under section 34 relating to the preparation of the plan.
18 Subsection 37(2)
Omit "subsection 32(2)", substitute "section 32C".
19 Subsection 37(2) (note)
Omit "Subsection 32(2)", substitute "Section 32C".
20 After subsection 37(2)
Insert:
Amendment is a legislative instrument
(2A) An amendment of a zoning plan, prepared by the Authority and accepted by the Minister, is a legislative instrument made by the Minister on the day on which the amendment is accepted, but neither section 42 (disallowance) nor Part 6 (sunsetting) of the Legislative Instruments Act 2003 applies to the amendment.
21 Subsection 37(4)
Omit "subsection 32(2)", substitute "section 32C".
22 Subsection 37(4) (note)
Omit "Subsection 32(2)", substitute "Section 32C".
23 After subsection 37(4)
Insert:
Revocation is a legislative instrument
(4A) A revocation of a zoning plan, prepared by the Authority and accepted by the Minister, is a legislative instrument made by the Minister on the day on which the revocation is accepted, but neither section 42 (disallowance) nor Part 6 (sunsetting) of the Legislative Instruments Act 2003 applies to the revocation.
24 Subsection 37(8)
Omit "to 35", substitute "to 35C and 35E to 35G".
Note: The heading to subsection 37(8) is altered by omitting " 35 " and substituting " 35C and 35E to 35G ".
25 Subsection 37(8)
Omit "section 32", substitute "this Division".
26 Subsection 37(9)
Omit "subsection 32(2)", substitute "section 32C".
27 Subsection 37A(2)
Omit "Subsections 33(1) to (3) and (5) and (6)", substitute "Subsections 35E(1) and (2) and section 35F".
28 Subsection 37A(2)
Omit "section 32", substitute "section 35C".
29 At the end of section 37A
Add:
(3) An amendment of a zoning plan, prepared by the Authority and approved by the Minister, is a legislative instrument made by the Minister on the day on which the amendment is approved, but neither section 42 (disallowance) nor Part 6 (sunsetting) of the Legislative Instruments Act 2003 applies to the amendment.
30 After section 37A
Insert:
31 Subsection 39V(1)
Omit "(1) A reference in this Part to a community group having a special interest ", substitute "A reference in this Act to a community group having a special interest".
32 Subsection 39V(2)
Repeal the subsection.
33 At the end of section 39W
Add:
(3) Plans of management prepared in accordance with this Part may set out:
(a) policies and strategies in relation to management of the matters referred to in section 39X; and
(b) enforcement provisions (see subsection 39ZD(5)).
34 Paragraphs 39ZB(1)(c) and (d)
Repeal the paragraphs, substitute:
(c) invite the public to make comments in relation to matters to be included in the plan by the date specified in the notice (which must be at least 1 month after the date the notice is published in the Gazette ); and
(d) specify the address to which comments must be sent.
35 Subsections 39ZB(2) and (3)
Repeal the subsections, substitute:
(2) The Authority must take into account any comments made in accordance with the notice.
36 Subsection 39ZD(1)
Omit "submissions", substitute "comments".
37 Subsection 39ZD(2)
Repeal the subsection, substitute:
(1A) The Authority must, in preparing the plan of management, have regard to the following:
(a) any key threatening process that is relevant to the area, species or ecological community to which the plan relates;
(b) any critical habitat that is in the area, or that is relevant to the species or ecological community, to which the plan relates;
(c) if the plan relates to a listed threatened species or a listed threatened ecological community--any approved conservation advice, recovery plan, threat abatement plan or wildlife conservation plan that is relevant to the species or ecological community;
(d) any plan made under the Marine Parks Act 2004 of Queensland or the Nature Conservation Act 1992 of Queensland that is relevant to the area, species or ecological community to which the plan relates.
(2) The plan of management must not be inconsistent with any of the following:
(a) a provision of this Act;
(b) a provision of a zoning plan in force for the area, or in force for an area relevant to the species or ecological community, to which the plan of management relates;
(c) if the plan of management relates to a listed threatened species or a listed threatened ecological community--a recovery plan or threat abatement plan that is relevant to the species or ecological community.
38 Paragraph 39ZE(1)(c)
Repeal the paragraph, substitute:
(c) invite the public to make comments in connection with the plan by the date specified in the notice (which must be at least 1 month after the date the notice is published in the Gazette ); and
39 Subparagraph 39ZE(1)(d)(ii)
Omit "submissions may", substitute "comments must".
40 Subsection 39ZE(2)
Repeal the subsection.
41 Subsection 39ZE(3)
Omit "submissions so made", substitute "comments made in accordance with the notice".
42 Section 39ZF
Repeal the section, substitute:
39ZF Plans of management are legislative instruments
A plan of management made under subsection 39ZE(3) is a legislative instrument.
Note: A plan of management is not subject to sunsetting (see item 22 of the table in subsection 54(2) of the Legislative Instruments Act 2003 ).
43 Subsection 39ZG(2)
Omit "to 39ZF", substitute "and 39ZE".
44 Paragraph 39ZG(3)(a)
Omit "submissions", substitute "comments".
45 At the end of section 39ZG
Add:
(4) An amendment of a plan of management made in accordance with this section is a legislative instrument.
Note: An amendment of a plan of management is not subject to sunsetting (see item 22 of the table in subsection 54(2) of the Legislative Instruments Act 2003 ).
46 Subsections 39ZH(1), (2) and (3)
Repeal the subsections, substitute:
(1) The Authority may, by legislative instrument, revoke a plan of management.
Note: A revocation of a plan of management is not subject to sunsetting (see item 22 of the table in subsection 54(2) of the Legislative Instruments Act 2003 ).
47 Section 39ZI
Repeal the section, substitute:
39ZI Authority to comply with management plans
(1) While a plan of management is in force in relation to an area of the Marine Park, the Authority must perform its functions and exercise its powers in relation to the area in accordance with that plan and not otherwise.
(2) While a plan of management is in force in relation to a species within the Marine Park or within an area of the Marine Park, the Authority must perform its functions and exercise its powers in relation to the species, or in relation to the species within the area, in accordance with that plan and not otherwise.
(3) While a plan of management is in force in relation to an ecological community within the Marine Park or within an area of the Marine Park, the Authority must perform its functions and exercise its powers in relation to the community, or in relation to the community within the area, in accordance with that plan and not otherwise.
Part 3 -- Amendment of the Legislative Instruments Act 2003
Legislative Instruments Act 2003
48 Subsection 54(2) (table item 22)
Omit "zoning plans prepared under section 32 of that Act, instruments made under section 37 of that Act amending or revoking such zoning plans,".
Part 4 -- Transitional, application and saving provisions
49 Zoning plans in force under Part V of the Great Barrier Reef Marine Park Act 1975
(1) This item applies if, immediately before the commencement of this Schedule, a zoning plan was in force under Part V of the Great Barrier Reef Marine Park Act 1975 .
(2) Despite the amendments made by this Schedule, the zoning plan continues in force after the commencement of this Schedule as if the plan had been prepared in accordance with Division 2 of Part V of the Great Barrier Reef Marine Park Act 1975 , as that Division is in force immediately after the commencement of this Schedule.
(3) Despite subsection 37(1) of the Great Barrier Reef Marine Park Act 1975 , and subject to subsection 35A(2) of that Act as in force immediately after the commencement of this Schedule, the Authority may, with the Minister's approval, amend the zoning plan for the purpose of designating an IUCN category for each zone, or each part of a zone, described in the plan.
(4) Subsections 37A(2) and (3) of the Great Barrier Reef Marine Park Act 1975 , as in force immediately after the commencement of this Schedule, apply to an amendment under subitem (3) in the same way as they apply to amendments under subsection 37A(1) of that Act.
50 Plans of management in force under Part VB of the Great Barrier Reef Marine Park Act 1975
(1) This item applies if, immediately before the commencement of this Schedule, a plan of management was in force under Part VB of the Great Barrier Reef Marine Park Act 1975 .
(2) Despite the amendments made by this Schedule, the plan of management continues in force after the commencement of this Schedule as if the plan had been prepared in accordance with Part VB of the Great Barrier Reef Marine Park Act 1975 , as that Part is in force immediately after the commencement of this Schedule.
51 Plans of management etc. prepared under Part VB of the Great Barrier Reef Marine Park Act 1975
(1) This item applies if, before the commencement of this Schedule:
(a) a plan of management, or an amendment of a plan of management, was prepared under Part VB of the Great Barrier Reef Marine Park Act 1975 ; and
(b) a notice under subsection 39ZE(1) of that Act was given in relation to the plan or amendment; and
(c) the plan or amendment had not yet come into force.
(2) Despite the amendments made by this Schedule:
(a) Part VB of the Great Barrier Reef Marine Park Act 1975 continues to apply in relation to the preparation and coming into force of the plan or amendment as if those amendments had not been made; and
(b) after the plan or amendment comes into force, it is taken to be, and continues in force as if it were, a plan or amendment prepared in accordance with Part VB of the Great Barrier Reef Marine Park Act 1975 , as that Part is in force immediately after the commencement of this Schedule.
52 Plans of management etc. being prepared under Part VB of the Great Barrier Reef Marine Park Act 1975
(1) If, before the commencement of this Schedule:
(a) a plan of management, or an amendment of a plan of management, was being prepared under Part VB of the Great Barrier Reef Marine Park Act 1975 ; but
(b) a notice under subsection 39ZE(1) of that Act had not been given in relation to the plan or amendment;
the amendments made by this Schedule apply in relation to the plan or amendment.
(2) This item does not limit the application that the amendments made by this Schedule have apart from this item.