Commonwealth Numbered Acts Commonwealth Numbered ActsGreat Barrier Reef Marine Park Act 1975
1 Subsection 3(1)
Insert:
"aggravated contravention" has the meaning given by section 38GB.
2 Subsection 3(1)
Insert:
"aggravated offence" has the meaning given by section 38GA.
3 Subsection 3(1)
Insert:
"Australian resident" means:
(a) a person who holds a permanent visa (as defined in the Migration Act 1958 ) that is in effect; or
(b) a New Zealand citizen who is usually resident in Australia or a Territory and who holds a special category visa (as defined in the Migration Act 1958 ) that is in effect; or
(c) any other person who is usually resident in Australia or a Territory and whose continued presence in Australia or a Territory is not subject to a limitation as to time imposed by law.
4 Subsection 3(1)
Insert:
"conduct has the same meaning as in the Criminal Code" .
5 Subsection 3(1)
Insert:
"discharge" , in relation to waste, means release the waste, however the release is caused, and includes any escape, disposal, depositing, spilling, leaking, pumping, emitting or emptying of the waste.
6 Subsection 3(1)
Insert:
"dory" 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 authorising the vessel to be used in association with a primary commercial fishing vessel; or
(b) a vessel that is used in association with a primary commercial fishing vessel.
Note: A dory might also be known as a tender commercial fishing vessel.
7 Subsection 3(1)
Insert:
"engage in conduct has the same meaning as in the Criminal Code" .
8 Subsection 3(1)
Insert:
"fish" includes all species of bony fish, sharks, rays, crustaceans, molluscs and other marine organisms, but does not include marine mammals or marine reptiles.
9 Subsection 3(1)
Insert:
"fishing" means any of the following:
(a) taking fish;
(b) attempting to take fish;
(c) engaging in any activity (including searching for fish, using fishing apparatus and using fish aggregating devices) in connection with taking, or attempting to take, fish.
9A Subsection 3(1)
Insert:
"geological storage operations" means:
(a) operations to inject and store a gas substance in part of a geological formation; or
(b) operations preparing for or incidental to operations mentioned in paragraph (a).
10 Subsection 3(1)
Insert:
"minerals" means minerals in any form, whether solid, liquid or gaseous and whether organic or inorganic.
11 Subsection 3(1)
Insert:
"mining operations" :
(a) means operations or activities connected with, or incidental to, the mining or recovery of minerals; and
(b) includes prospecting for or exploring for minerals.
12 Subsection 3(1) (definition of operations for the recovery of minerals )
Repeal the definition.
13 Subsection 3(1) (definition of owner )
After " owner ", insert ", in relation to a vessel,".
14 Subsection 3(1)
Insert:
"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 authorising the vessel to be used to take fish for commercial purposes; or
(b) a vessel that is used to take fish for commercial purposes.
15 Subsection 3(1)
Insert:
"prohibited" : conduct in a zone is prohibited if the conduct is neither:
(a) for a purpose for which, under the zoning plan for the zone, the zone may be used or entered without permission; nor
(b) for a purpose that, under the zoning plan for the zone, requires permission.
16 Subsection 3(1)
Insert:
"protected species" means any of the following:
(a) a cetacean;
(b) a listed marine species, a listed migratory species, a listed threatened ecological community, or a listed threatened species;
(c) a species of marine mammal, bird or reptile that is prescribed as endangered wildlife, vulnerable wildlife or rare wildlife under the Nature Conservation Act 1992 of Queensland;
(d) a species declared by the regulations to be a protected species for the purposes of this definition;
(e) a species declared by the regulations to be a strictly protected species for the purposes of this definition.
17 Subsection 3(1)
Insert:
"reef" includes bommie fields, reef slopes, moats and ramparts.
18 Subsection 3(1)
Insert:
"take" , in relation to an animal or plant, includes remove, gather, catch, capture, kill, destroy, dredge for, raise, carry away, bring ashore, interfere with and obtain.
19 Subsection 3(1)
Insert:
"territorial sea " has the same meaning as in the Seas and Submerged Lands Act 1973 .
20 Subsection 3(1)
Insert:
"waste" means any of the following:
(a) oil within the meaning of Part II of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 ;
(b) noxious liquid substances within the meaning of Part III of that Act;
(c) packaged harmful substances within the meaning of Part IIIA of that Act;
(d) sewage within the meaning of Part IIIB of that Act;
(e) garbage within the meaning of Part IIIC of that Act;
(f) mixtures where the oil content is greater than 15 parts in 1,000,000 parts;
(g) any other matter that is declared by the regulations to be waste for the purposes of this definition.
21 Subsection 3(9)
Omit "either".
22 After paragraph 3(9)(a)
Insert:
(aa) under a law of a State or Territory; or
23 Subsection 3A(10)
Omit "38B(2)", substitute "38BA(5) and regulations made for the purposes of that subsection".
24 Sections 38A to 39
Repeal the sections, substitute:
Part VAA -- Offences and penalties in relation to Great Barrier Reef Marine Park and Region
Division 1 -- Conduct in Great Barrier Reef Region
38AA Mining or geological storage operations in Great Barrier Reef Region: offence
(1) A person commits an offence if:
(a) the person engages in conduct; and
(b) the conduct is mining operations or geological storage operations; and
(c) the conduct is engaged in in the Great Barrier Reef Region; and
(d) the person is not authorised to engage in the conduct by:
(i) a permission granted under the regulations for the purposes of this section; or
(ii) an authority given in accordance with a condition of a permission referred to in subparagraph (i).
Penalty:
(a) for an aggravated offence--imprisonment for 3 years or 2,000 penalty units, or both; or
(b) in any other case--1,000 penalty units.
Note: See also Division 8.
(2) Strict liability applies to paragraphs (1)(c) and (d).
Note: For strict liability, see section 6.1 of the Criminal Code .
(3) The Authority must not grant a person permission to engage in conduct for the purposes of this section unless the Authority is satisfied that the conduct is for the purpose of research or investigations relevant to the conservation of the Marine Park.
(4) Subsection (1) does not apply if:
(a) the person is the Authority; and
(b) the Authority is engaging in the conduct for the purpose of research or investigations relevant to the conservation of the Marine Park.
(5) This section applies despite any other law of the Commonwealth, a State or a Territory.
38AB Mining or geological storage operations in Great Barrier Reef Region: civil penalty provision
(1) A person must not engage in mining operations or geological storage operations in the Great Barrier Reef Region unless the person is authorised to engage in the operations by:
(a) a permission granted under the regulations for the purposes of section 38AA; or
(b) an authority given in accordance with a condition of a permission referred to in paragraph (a).
Civil penalty:
(a) for an aggravated contravention by an individual--5,000 penalty units; or
(b) for an individual in any other case--2,000 penalty units; or
(c) for an aggravated contravention by a body corporate--50,000 penalty units; or
(d) for a body corporate in any other case--20,000 penalty units.
(2) Subsection (1) does not apply if:
(a) the person is the Authority; and
(b) the Authority is engaging in the operations for the purpose of research or investigations relevant to the conservation of the Marine Park.
Division 2 -- Conduct in Marine Park zones
Conduct prohibited or done without required permission
(1) A person commits an offence if:
(a) the person engages in conduct; and
(b) the conduct is engaged in in a zone; and
(c) under the zoning plan for the zone, the conduct:
(i) is prohibited; or
(ii) requires permission; and
Note: Prohibited is defined in subsection 3(1).
(d) if the conduct requires permission--the person is not authorised to engage in the conduct by:
(i) a permission granted under the regulations for the purposes of the zoning plan; or
(ii) an authority given in accordance with a condition of a permission referred to in subparagraph (i).
Penalty:
(a) for an aggravated offence--imprisonment for 3 years or 2,000 penalty units, or both; or
(b) in any other case--1,000 penalty units.
Note: See also Division 8.
(2) Strict liability applies to paragraphs (1)(b), (c) and (d).
Note: For strict liability, see section 6.1 of the Criminal Code .
Conduct prohibited or done without required permission: strict liability
(3) A person commits an offence if:
(a) the person engages in conduct; and
(b) the conduct is engaged in in a zone; and
(c) under the zoning plan for the zone, the conduct:
(i) is prohibited; or
(ii) requires permission; and
Note: Prohibited is defined in subsection 3(1).
(d) if the conduct requires permission--the person is not authorised to engage in the conduct by:
(i) a permission granted under the regulations for the purposes of the zoning plan; or
(ii) an authority given in accordance with a condition of a permission referred to in subparagraph (i).
Penalty: 60 penalty units.
(4) Strict liability applies to subsection (3).
Note: For strict liability, see section 6.1 of the Criminal Code .
Defence--prescribed circumstances
(5) Subsections (1) and (3) do not apply if circumstances prescribed by the regulations for the purposes of this subsection exist in relation to the conduct. Any circumstances prescribed must relate to:
(a) conduct engaged in during the period of 120 days after the day on which the zoning plan, or an amendment of the zoning plan, commenced; or
(b) conduct engaged in after the end of that period if the person had applied for a permission for the purposes of the zoning plan during that period.
Note: The defendant bears an evidential burden in relation to the matters in this subsection. See subsection 13.3(3) of the Criminal Code .
38BB Conduct in zone: civil penalty provision
(1) A person must not engage in conduct in a zone that is prohibited under the zoning plan for the zone.
Note: Prohibited is defined in subsection 3(1).
Civil penalty:
(a) for an aggravated contravention by an individual--5,000 penalty units; or
(b) for an individual in any other case--2,000 penalty units; or
(c) for an aggravated contravention by a body corporate--50,000 penalty units; or
(d) for a body corporate in any other case--20,000 penalty units.
(2) A person must not engage in conduct in a zone if:
(a) under the zoning plan for the zone, the conduct requires permission; and
(b) the person is not authorised to engage in the conduct by:
(i) a permission granted under the regulations for the purposes of the zoning plan; or
(ii) an authority given in accordance with a condition of a permission referred to in subparagraph (i).
Civil penalty:
(a) for an aggravated contravention by an individual--5,000 penalty units; or
(b) for an individual in any other case--2,000 penalty units; or
(c) for an aggravated contravention by a body corporate--50,000 penalty units; or
(d) for a body corporate in any other case--20,000 penalty units.
(3) Subsections (1) and (2) do not apply if circumstances prescribed for the purposes of subsection 38BA(5) exist in relation to the conduct.
38BC Conduct in zone without required notice: offence
(1) A person commits an offence if:
(a) the person engages in conduct; and
(b) the conduct is engaged in in a zone; and
(c) the zoning plan for the zone requires that notice must be given to a specified body before the conduct is engaged in; and
(d) the person failed to give the specified body notice in accordance with the zoning plan before engaging in the conduct.
Penalty: 200 penalty units.
(2) Strict liability applies to paragraphs (1)(b) and (c).
Note: For strict liability, see section 6.1 of the Criminal Code .
(3) The fault element for paragraph (1)(d) is negligence.
Note: For negligence, see section 5.5 of the Criminal Code .
38BD Operation of fishing vessel in zone: offence
Operation of a fishing vessel prohibited or done without permission
(1) A person commits an offence if:
(a) the person operates a vessel; and
(b) the person does so in a zone; and
(c) the vessel is a primary commercial fishing vessel; and
(d) the vessel is an Australian vessel; and
(e) the vessel is authorised, under a law of the Commonwealth or of a State (including by a licence granted under such a law), to fish using a particular fishing method or particular fishing apparatus; and
(f) under the zoning plan for the zone, fishing using that method or apparatus:
(i) is prohibited; or
(ii) requires permission; and
Note: Prohibited is defined in subsection 3(1).
(g) if it requires permission--the person is not authorised to fish using that method or apparatus by:
(i) a permission granted under the regulations for the purposes of the zoning plan; or
(ii) an authority given in accordance with a condition of a permission referred to in subparagraph (i).
Penalty: 500 penalty units.
(2) Strict liability applies to paragraphs (1)(b), (c), (f) and (g).
Note: For strict liability, see section 6.1 of the Criminal Code .
(3) Absolute liability applies to paragraphs (1)(d) and (e).
Note: For absolute liability, see section 6.2 of the Criminal Code .
Defence--vessel is transiting or anchoring
(4) Subsection (1) does not apply if:
(a) the vessel is transiting through the zone; or
(b) the vessel is anchored in the zone; or
(c) the vessel is transiting to a place where the vessel is to anchor or transiting from a place where the vessel has been anchored.
Note: The defendant bears an evidential burden in relation to the matters in this subsection. See subsection 13.3(3) of the Criminal Code .
(5) For the purposes of subsection (4), a vessel is only transiting if:
(a) the vessel is taking the most direct practicable route:
(i) through the zone to a destination outside the zone; or
(ii) to or from a place of anchor; and
(b) the vessel is maintaining a speed of at least 5 knots.
Defence--emergency or unavoidable accident
(6) Subsection (1) does not apply if:
(a) the operation of the vessel in the zone:
(i) is reasonably necessary to deal with an emergency involving a serious threat to human life or property; or
(ii) is a result of an unavoidable accident, other than an accident caused by reckless or negligent behaviour; and
(b) the Authority is notified of the operation, and the emergency or accident, no more than 48 hours after the vessel was first operated in the zone.
Note: The defendant bears an evidential burden in relation to the matters in this subsection. See subsection 13.3(3) of the Criminal Code .
Division 3 -- Conduct in unzoned area of Marine Park
38CA Conduct in unzoned area: offence
(1) A person commits an offence if the person engages in any of the following conduct in the unzoned area:
(a) building, assembling or fixing in position:
(i) a building or similar structure; or
(ii) a pontoon or other floating structure; or
(iii) a walkway, mooring facility or similar structure; or
(iv) a device for catching marine animals;
(b) operating a vessel (see subsection (3)) with provision for more than 8 sleeping berths in the one vicinity for more than:
(i) 14 consecutive days; or
(ii) 30 days in any period of 60 days;
(c) carrying out reclamation work, beach protection work, road building work or any other work;
(d) constructing a landing area;
(e) constructing a farming facility;
(f) conducting operations in or on, or maintaining:
(i) a building or similar structure; or
(ii) a pontoon or other floating structure; or
(iii) a walkway, mooring facility or similar structure;
(g) maintaining a device for catching marine animals;
(h) demolishing or removing:
(i) a building or similar structure; or
(ii) a pontoon or other floating structure; or
(iii) a walkway, mooring facility or similar structure;
and the person is not authorised to engage in the conduct by:
(i) a permission granted under the regulations for the purposes of this section; or
(j) an authority given in accordance with a condition of a permission referred to in paragraph (i).
Penalty:
(a) for an aggravated offence--imprisonment for 3 years or 2,000 penalty units, or both; or
(b) in any other case--1,000 penalty units.
Note: See also Division 8.
(2) Strict liability applies to the physical element of circumstance in subsection (1), that the person engages in the conduct in the unzoned area.
Note: For strict liability, see section 6.1 of the Criminal Code .
(3) The references in subsection (1) and section 38CB to operating a vessel include references to the following:
(a) conducting operations in or on the vessel;
(b) using the vessel as a base for carrying on other activities;
(c) carrying out maintenance of the vessel.
38CB Conduct in unzoned area: civil penalty provision
A person must not engage in any of the following conduct in the unzoned area:
(a) building, assembling or fixing in position:
(i) a building or similar structure; or
(ii) a pontoon or other floating structure; or
(iii) a walkway, mooring facility or similar structure; or
(iv) a device for catching marine animals;
(b) operating a vessel (see subsection 38CA(3)) with provision for more than 8 sleeping berths in the one vicinity for more than:
(i) 14 consecutive days; or
(ii) 30 days in any period of 60 days;
(c) carrying out reclamation work, beach protection work, road building work or any other work;
(d) constructing a landing area;
(e) constructing a farming facility;
(f) conducting operations in or on, or maintaining:
(i) a building or similar structure; or
(ii) a pontoon or other floating structure; or
(iii) a walkway, mooring facility or similar structure;
(g) maintaining a device for catching marine animals;
(h) demolishing or removing:
(i) a building or similar structure; or
(ii) a pontoon or other floating structure; or
(iii) a walkway, mooring facility or similar structure;
unless the person is authorised to engage in the conduct by:
(i) a permission granted under the regulations for the purposes of section 38CA; or
(j) an authority given in accordance with a condition of a permission referred to in paragraph (i).
Civil penalty:
(a) for an aggravated contravention by an individual--20,000 penalty units; or
(b) for an individual in any other case--2,000 penalty units; or
(c) for an aggravated contravention by a body corporate--50,000 penalty units; or
(d) for a body corporate in any other case--5,000 penalty units.
Division 3A--Convictions under former section 38CA
38CC Convictions under former section 38CA
(1) Despite any other Commonwealth law or any State law or Territory law, if a person was convicted for an offence under section 38CA of the Great Barrier Reef Marine Park Act 1975 :
(a) that occurred during the period 1 July 2004 to 14 December 2006; and
(b) that did not attract a monetary penalty exceeding $5,000;
that conviction is for all purposes to be treated as a spent conviction under Part VIIC of the Crimes Act 1914 .
(2) For the avoidance of doubt, a conviction referred to in subsection (1) is to be treated as a spent conviction whether or not the waiting period for the offence under Part VIIC of the Crimes Act 1914 has ended.
(3) Despite Division 3 of Part VIIC of the Crimes Act 1914 , the exclusions provided by Division 6 of Part VIIC of the Crimes Act 1914 do not apply in relation to a conviction referred to in subsection (1).
Division 4 -- Conduct in Marine Park generally
38DA Vessel causing damage in Marine Park: offence
(1) A person commits an offence if:
(a) the person is in charge of a vessel; and
(b) the vessel is in the Marine Park; and
(c) the person's charge of the vessel results in, or is likely to result in, the vessel causing damage to the environment in the Marine Park.
Penalty:
(a) for an aggravated offence--imprisonment for 3 years or 2,000 penalty units, or both; or
(b) in any other case--1,000 penalty units.
Note: See also Division 8.
(2) Strict liability applies to paragraph (1)(b).
Note: For strict liability, see section 6.1 of the Criminal Code .
(3) The fault element for paragraph (1)(c) is negligence.
Note: For negligence, see section 5.5 of the Criminal Code .
38DB Vessel causing damage in Marine Park: civil penalty provision
A person who is in charge of a vessel that is in the Marine Park must ensure that the person's charge of the vessel does not result in, and is not likely to result in, the vessel causing damage to the environment in the Marine Park.
Civil penalty:
(a) for an aggravated contravention by an individual--20,000 penalty units; or
(b) for an individual in any other case--2,000 penalty units; or
(c) for an aggravated contravention by a body corporate--50,000 penalty units; or
(d) for a body corporate in any other case--5,000 penalty units.
38DC Contravening order or direction: offence
(1) A person commits an offence if:
(a) the Authority or another body gives the person an order or direction under the regulations; and
(b) the order or direction is of a kind declared by the regulations to be an order or direction to which this section applies; and
(c) the person engages in conduct; and
(d) the conduct contravenes the order or direction.
Penalty: 500 penalty units.
(2) Absolute liability applies to paragraphs (1)(a) and (b).
Note: For absolute liability, see section 6.2 of the Criminal Code .
(3) The fault element for paragraph (1)(d) is negligence.
Note: For negligence, see section 5.5 of the Criminal Code .
38DD Discharging waste: offence
Discharging waste
(1) A person commits an offence if:
(a) the person discharges waste; and
(b) the waste is discharged in the Marine Park; and
(c) the person is not authorised to discharge the waste by:
(i) a permission granted under the regulations for the purposes of this section; or
(ii) an authority given in accordance with a condition of a permission referred to in subparagraph (i).
Penalty:
(a) for an aggravated offence--imprisonment for 3 years or 2,000 penalty units, or both; or
(b) in any other case--1,000 penalty units.
Note: See also Division 8.
(2) The fault element for paragraph (1)(a) is negligence.
Note: For negligence, see section 5.5 of the Criminal Code .
(3) Strict liability applies to paragraphs (1)(b) and (c).
Note: For strict liability, see section 6.1 of the Criminal Code .
Discharging waste: strict liability
(4) A person commits an offence if:
(a) the person discharges waste; and
(b) the waste is discharged from a vessel; and
(c) the waste is discharged in the Marine Park; and
(d) the person is not authorised to discharge the waste by:
(i) a permission granted under the regulations for the purposes of this section; or
(ii) an authority given in accordance with a condition of a permission referred to in subparagraph (i).
Penalty: 500 penalty units.
(5) Strict liability applies to subsection (4).
Note: For strict liability, see section 6.1 of the Criminal Code .
Defence--prescribed circumstances
(6) Subsections (1) and (4) do not apply if circumstances prescribed by the regulations for the purposes of this subsection exist in relation to the discharge. Any circumstances prescribed must be circumstances that relate to the discharge of sewage from vessels.
Note: The defendant bears an evidential burden in relation to the matters in this subsection. See subsection 13.3(3) of the Criminal Code .
Defence--certain discharges of fish from vessels and aircraft
(7) Subsections (1) and (4) do not apply to the discharge of waste from a vessel or aircraft if:
(a) the waste is fresh fish, or parts of fresh fish, caught in the Marine Park; and
(b) the waste is not discharged in a part of the Marine Park specified in the regulations for the purposes of this paragraph.
Note: The defendant bears an evidential burden in relation to the matters in this subsection. See subsection 13.3(3) of the Criminal Code .
Defence--certain discharges from vessels, aircraft and platforms
(8) Subsections (1) and (4) do not apply to the discharge of waste from a vessel, aircraft or platform if any of the following apply in relation to the discharge:
(a) it was for the purpose of securing the safety of the vessel, aircraft or platform;
(b) it was for the purpose of saving life at sea;
(c) it was for the purpose of combating a specific incident of pollution in order to minimise the damage from pollution and had been approved by:
(i) a prescribed officer within the meaning of subsection 3(2) of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 ; or
(ii) the Authority under section 38DE.
Note: The defendant bears an evidential burden in relation to the matters in this subsection. See subsection 13.3(3) of the Criminal Code .
Defence--discharge in zone where discharges do not require permission
(9) Subsections (1) and (4) do not apply in relation to the discharge of waste in a zone if the discharge of waste is for a purpose for which, under the zoning plan for the zone, the zone may be used or entered without permission.
Note: The defendant bears an evidential burden in relation to the matters in this subsection. See subsection 13.3(3) of the Criminal Code .
38DE Pollution‑related approval
For the purposes of subparagraphs 38DD(8)(c)(ii), 38EA(7)(c)(ii) and 38EB(3)(c)(ii), the Authority may approve a proposed discharge of waste from a vessel, aircraft or platform if the Authority is satisfied that the discharge is for the purpose of combating a specific incident of pollution in order to minimise the damage from pollution.
Division 5 -- Conduct contravening conditions
38EA Conduct contravening condition of permission or authority: offence
Contravening condition of permission or authority
(1) A person commits an offence if:
(a) the person is authorised to do something by:
(i) a permission granted under the regulations for the purposes of a provision of this Act or of a zoning plan; or
(ii) an authority given in accordance with a condition of a permission referred to in subparagraph (i); and
(b) the permission is subject to a condition; and
(c) the person engages in conduct; and
(d) the conduct contravenes the condition.
Penalty:
(a) for an aggravated offence--1,000 penalty units; or
(b) in any other case--500 penalty units.
(2) Absolute liability applies to paragraphs (1)(a) and (b).
Note: For absolute liability, see section 6.2 of the Criminal Code .
(3) The fault element for paragraph (1)(d) is negligence.
Note: For negligence, see section 5.5 of the Criminal Code .
Contravening condition of permission or authority: strict liability
(4) A person commits an offence if:
(a) the person is authorised to do something by:
(i) a permission granted under the regulations for the purposes of a provision of this Act or of a zoning plan; or
(ii) an authority given in accordance with a condition of a permission referred to in subparagraph (i); and
(b) the permission is subject to a condition; and
(c) the person engages in conduct; and
(d) the conduct contravenes the condition.
Penalty: 60 penalty units.
(5) Strict liability applies to subsection (4).
Note: For strict liability, see section 6.1 of the Criminal Code .
Defence--certain discharges of fish from vessels and aircraft
(6) Subsections (1) and (4) do not apply to the discharge of waste from a vessel or aircraft if:
(a) the waste is fresh fish, or parts of fresh fish, caught in the Marine Park; and
(b) the waste is not discharged in a part of the Marine Park specified in the regulations for the purposes of this paragraph.
Note: The defendant bears an evidential burden in relation to the matters in this subsection. See subsection 13.3(3) of the Criminal Code .
Defence--certain discharges from vessels, aircraft and platforms
(7) Subsections (1) and (4) do not apply to the discharge of waste from a vessel, aircraft or platform if any of the following apply in relation to the discharge:
(a) it was for the purpose of securing the safety of the vessel, aircraft or platform;
(b) it was for the purpose of saving life at sea;
(c) it was for the purpose of combating a specific incident of pollution in order to minimise the damage from pollution and had been approved by:
(i) a prescribed officer within the meaning of subsection 3(2) of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 ; or
(ii) the Authority under section 38DE.
Note: The defendant bears an evidential burden in relation to the matters in this subsection. See subsection 13.3(3) of the Criminal Code .
38EB Conduct contravening condition of permission or authority: civil penalty provision
(1) A person who is authorised to do something by:
(a) a permission granted under the regulations for the purposes of a provision of this Act or of a zoning plan; or
(b) an authority given in accordance with a condition of a permission referred to in paragraph (a);
must not engage in conduct that contravenes a condition of the permission.
Civil penalty:
(a) for an aggravated contravention by an individual--2,000 penalty units; or
(b) for an individual in any other case--1,000 penalty units; or
(c) for an aggravated contravention by a body corporate--20,000 penalty units; or
(d) for a body corporate in any other case--10,000 penalty units.
(2) Subsection (1) does not apply to the discharge of waste from a vessel or aircraft if:
(a) the waste is fresh fish, or parts of fresh fish, caught in the Marine Park; and
(b) the waste is not discharged in a part of the Marine Park specified in the regulations for the purposes of this paragraph.
(3) Subsection (1) does not apply to the discharge of waste from a vessel, aircraft or platform if any of the following apply:
(a) it was for the purpose of securing the safety of the vessel, aircraft or platform;
(b) it was for the purpose of saving life at sea;
(c) it was for the purpose of combating a specific incident of pollution in order to minimise the damage from pollution and had been approved by:
(i) a prescribed officer within the meaning of subsection 3(2) of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 ; or
(ii) the Authority under section 38DE.
Division 6 -- Collective and vicarious liability
38FA Liability for vessel, aircraft or platform used in committing offence: offence
(1) A person commits an offence if:
(a) a person is responsible (see subsection (4)) for a vessel, aircraft or platform; and
(b) the vessel, aircraft or platform is used in committing an offence against a provision of another Division of this Part; and
(c) the person failed to take all reasonable steps and to exercise due diligence to prevent the vessel, aircraft or platform being used in committing the offence.
Penalty: The penalty for which the person would have been liable had the person committed the offence referred to in paragraph (1)(b).
Note: See also Division 8.
(2) Strict liability applies to paragraphs (1)(a) and (b).
Note: For strict liability, see section 6.1 of the Criminal Code .
(3) In determining whether the person took all reasonable steps and exercised due diligence for the purposes of paragraph (1)(c), have regard to:
(a) any steps the person took to become satisfied that this Act would be complied with; and
(b) if the person was, or should have been, aware that there was a risk that the vessel, aircraft or platform would be used in committing an offence--any steps the person took to reduce or remove that risk.
(4) For the purposes of paragraph (1)(a), each of the following persons is responsible for the vessel, aircraft or platform:
(a) the master of the vessel or the person in charge of the aircraft or platform;
(b) the owner or a co‑owner, or an owner of any part of or share in, the vessel, aircraft or platform;
(c) a party to an agreement with a person referred to in paragraph (a) or (b) under which the party, or the party and the other person, may determine the activities for which the vessel, aircraft or platform is used;
(d) in relation to a primary commercial fishing vessel used in committing an offence constituted by conduct that is fishing:
(i) a person who, under a law of the Commonwealth, a State or Territory, holds a licence or other permission (however described and including one that is suspended) permitting the vessel to be used to take fish for commercial purposes; and
(ii) a person who, under a law of the Commonwealth, a State or Territory, holds a licence or other permission (however described and including one that is suspended) permitting the person to be in charge of the vessel's fishing operations;
(e) in relation to a dory used in committing an offence constituted by conduct that is fishing:
(i) the master of the primary commercial fishing vessel in association with which the dory is used; and
(ii) a person who, under a law of the Commonwealth, a State or a Territory, holds a licence or other permission (however described and including one that is suspended) permitting the dory to be used in association with a primary commercial fishing vessel; and
(iii) a person who, under a law of the Commonwealth, a State or a Territory, holds a licence or other permission (however described and including one that is suspended) permitting the primary commercial fishing vessel in association with which the dory is used to be used to take fish for commercial purposes; and
(iv) a person who, under a law of the Commonwealth, a State or a Territory, holds a licence or other permission (however described and including one that is suspended) permitting the person to be in charge of the fishing operations of the primary commercial fishing vessel in association with which the dory is used.
38FB Liability for ship used in committing offence: offence
(1) A person commits an offence if:
(a) the person is an owner of or the master of a vessel; and
(b) the vessel is used in committing an offence against a provision of another Division of this Part; and
(c) the conduct constituting the offence is engaged in in a zone; and
(d) the vessel is a ship within the meaning of the zoning plan for the zone.
Penalty: 500 penalty units.
(2) Strict liability applies to subsection (1).
Note: For strict liability, see section 6.1 of the Criminal Code .
38FC Liability for vessel causing damage in Marine Park: offence
(1) A person commits an offence if:
(a) the person is an owner of or the master of a vessel; and
(b) the vessel is used in committing an offence against section 38DA (vessel causing damage in Marine Park) or 38DD (discharging waste).
Penalty: 500 penalty units.
(2) Strict liability applies to subsection (1).
Note: For strict liability, see section 6.1 of the Criminal Code .
38FD Liability of permission holder for conduct contravening permission: offence
(1) A person commits an offence if:
(a) the person gives another person authority to engage in conduct; and
(b) the authority is given in accordance with a permission granted under the regulations for the purposes of a provision of this Act or of a zoning plan; and
(c) the permission is subject to a condition; and
(d) the other person commits an offence against section 38EA involving a contravention of the condition; and
(e) the person failed to take all reasonable steps and to exercise due diligence to prevent the other person contravening the condition.
Penalty: The penalty for which the person would have been liable had the person committed the offence referred to in paragraph (1)(d).
(2) Strict liability applies to paragraphs (1)(a), (b), (c) and (d).
Note: For strict liability, see section 6.1 of the Criminal Code .
(3) In determining whether the person took all reasonable steps and exercised due diligence for the purposes of paragraph (1)(e), have regard to:
(a) any steps the person took to become satisfied that the conditions of the permission would be complied with; and
(b) if the person was, or should have been, aware that there was a risk that the other person would contravene a condition of the permission--any steps the person took to reduce or remove that risk.
Division 7 -- Aggravated offences and contraventions
(1) A person commits an aggravated offence against a provision of this Part if the conduct the person engaged in that constituted the offence:
(a) was fishing that involved a primary commercial fishing vessel or a dory; or
(b) was navigating a vessel that is a ship within the meaning of the zoning plan for the zone in which the vessel was being navigated; or
(c) resulted in:
(i) the taking of or injury to an animal or plant that is a member of a protected species; or
(ii) serious harm to the environment in the Marine Park (see subsection (7)); or
(d) had the potential to result in serious harm to the environment in the Marine Park (see subsection (8)); or
(e) was done for a commercial purpose.
(2) If the prosecution intends to prove an aggravated offence, the charge must allege the relevant aggravated offence.
(3) In order to prove an aggravated offence, the prosecution must prove the following:
(a) if paragraph (1)(a) applies--that the defendant was reckless as to whether the conduct he or she engaged in was fishing;
(b) if paragraph (1)(b) applies--that the defendant was reckless as to whether the conduct he or she engaged in was navigating a vessel;
(c) if paragraph (1)(c) applies--that the defendant was reckless as to whether the conduct he or she engaged in had the result referred to in paragraph (1)(c);
(d) if paragraph (1)(d) applies--that the defendant was reckless as to whether the conduct he or she engaged in had the potential to result in serious harm to the environment in the Marine Park;
(e) if paragraph (1)(e) applies--that the defendant intended to engage in the conduct for a commercial purpose.
(4) Strict liability applies to:
(a) if paragraph (1)(a) applies--the physical element of circumstance, that the fishing involved a primary commercial fishing vessel or a dory; and
(b) if paragraph (1)(b) applies--the physical element of circumstance, that the vessel is a ship within the meaning of the zoning plan for the zone in which it was being navigated; and
(c) if subparagraph (1)(c)(i) applies--the physical element of circumstance, that the animal or plant is a member of a protected species.
Note: For strict liability, see section 6.1 of the Criminal Code .
(5) If, in a prosecution for an aggravated offence against a provision of this Part, the trier of fact:
(a) is not satisfied that the defendant has committed an aggravated offence against that provision; and
(b) is satisfied beyond reasonable doubt that the defendant has committed an offence against that provision;
the trier of fact may find the defendant not guilty of the aggravated offence but guilty of an offence against that provision.
(6) For the purposes of paragraph (1)(b), navigate includes moor, or anchor, in the course of navigation.
(7) In determining for the purposes of subparagraph (1)(c)(ii) whether conduct has resulted in serious harm to the environment in the Marine Park, have regard to the following:
(a) the harm;
(b) the size of the affected environment;
(c) the sensitivity of the affected environment;
(d) the significance of the affected environment;
(e) the management objectives contained in the zoning plan for the zone in which the person engaged in the conduct;
(f) whether the harm is irreversible;
(g) the measures required to remedy the harm.
(8) In determining for the purposes of paragraph (1)(d) whether conduct had the potential to result in serious harm to the environment in the Marine Park, have regard to the potential for the conduct to result in serious harm for the purposes of subparagraph (1)(c)(ii).
38GB Aggravated contraventions
(1) A contravention of a civil penalty provision by a person is an aggravated contravention if the conduct the person engaged in that constituted the contravention:
(a) was fishing that involved a primary commercial fishing vessel or a dory; or
(b) was navigating a vessel that is a ship within the meaning of the zoning plan for the zone in which the vessel is being navigated; or
(c) resulted in:
(i) the taking of or injury to an animal or plant that is a member of a protected species; or
(ii) serious harm to the environment in the Marine Park; or
(d) had the potential to result in serious harm to the environment in the Marine Park; or
(e) was done for a commercial purpose.
(2) If the Authority, on behalf of the Commonwealth, intends to prove that the person has committed an aggravated contravention, the Authority's application to the Federal Court under section 61AIA in relation to the contravention must specify the relevant aggravated contravention.
(3) If, in proceedings for a declaration of contravention in relation to an aggravated contravention of a provision of this Part, the Federal Court:
(a) is not satisfied that the person has committed an aggravated contravention against that provision; and
(b) is satisfied beyond reasonable doubt that the person has contravened that provision;
the Federal Court may make a pecuniary penalty order against the person not for the aggravated contravention but for the contravention of that provision.
(4) Subsection 38GA(6) (about navigation) also applies for the purposes of paragraph (1)(b).
(5) Subsections 38GA(7) and (8) (about serious harm) also apply for the purposes of subparagraph (1)(c)(ii) and paragraph (1)(d).
38HA Commencement of certain prosecutions: time limit
(1) A prosecution of an individual for an offence against a provision of this Part, the maximum penalty for which:
(a) does not include a term of imprisonment (otherwise than because of section 38HC, 38HD, 38HE or 38HF); or
(b) includes a term of imprisonment of 6 months or less;
may be commenced at any time within 2 years of the commission of the offence.
Note: Subsection (1) extends by a year the deadline that would otherwise apply to these offences under section 15B of the Crimes Act 1914 . For offences with a maximum penalty of more than 6 months' imprisonment, section 15B of that Act means that there is no deadline.
(2) A prosecution of a body corporate for an offence against a provision of this Part, the maximum penalty for which is a fine of 150 penalty units or less, may be commenced at any time within 2 years of commission of the offence.
Note: Subsection (2) extends by a year the deadline that would otherwise apply to these offences under section 15B of the Crimes Act 1914 . For offences with a maximum penalty of more than 150 penalty units, section 15B of that Act means that there is no deadline.
(3) In applying subsection 15B(1) of the Crimes Act 1914 to an offence against a provision of this Part, disregard the effect of sections 38HC, 38HD, 38HE and 38HF.
38HB Commencement of certain prosecutions: Attorney‑General's consent
(1) Proceedings for an offence committed by a person against a provision of Division 6 of this Part must not be commenced without the Attorney‑General's written consent if the person is not an Australian citizen, an Australian resident or a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory.
(2) In deciding whether to consent for the purposes of this section, the Attorney‑General 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.
38HC Conduct in the exclusive economic zone: offences other than Division 6 offences
(1) This section applies in relation to an offence committed by a person against a provision of this Part (other than a provision of Division 6) if:
(a) the conduct constituting the offence occurs in the exclusive economic zone of Australia; and
(b) none of the following apply:
(i) the person is an Australian citizen, an Australian resident or a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory;
(ii) an Australian vessel is used in committing the offence;
(iii) an Australian aircraft is used in committing the offence;
(iv) a platform located in the Great Barrier Reef Region is used in committing the offence; and
(c) the penalty set out at the foot of the provision for an offence against the provision includes imprisonment.
(2) Despite the penalty set out at the foot of the provision, the penalty for the offence committed by the person does not include imprisonment.
38HD Conduct in the exclusive economic zone: Division 6 offences
(1) This section applies in relation to an offence (a vicarious liability offence ) committed by a person against a provision of Division 6 of this Part if:
(a) the conduct constituting the offence (the underlying offence ) to which the vicarious liability offence relates occurs in the exclusive economic zone of Australia; and
(b) the person is not an Australian citizen, an Australian resident or a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory; and
(c) the penalty set out at the foot of the provision for an offence against the provision includes imprisonment.
(2) Despite the penalty set out at the foot of the provision, the penalty for the offence committed by the person does not include imprisonment.
38HE Conduct in the territorial sea: offences other than Division 6 offences
(1) This section applies in relation to an offence committed by a person against a provision of this Part (other than a provision of Division 6) if:
(a) the result of the conduct constituting the offence is pollution of the marine environment (however described); and
(b) the conduct occurs in the territorial sea of Australia; and
(c) none of the following apply:
(i) the person is an Australian citizen, an Australian resident or a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory;
(ii) an Australian vessel is used in committing the offence;
(iii) an Australian aircraft is used in committing the offence;
(iv) a platform located in the Great Barrier Reef Region is used in committing the offence; and
(d) the penalty set out at the foot of the provision for an offence against that provision includes imprisonment.
(2) Despite the penalty set out at the foot of the provision, the penalty for the offence committed by the person only includes imprisonment if the prosecution proves that:
(a) the person intended to engage in the conduct that constituted the offence; and
(b) the pollution is serious.
38HF Conduct in the territorial sea: Division 6 offences
(1) This section applies in relation to an offence (a vicarious liability offence ) committed by a person against a provision of Division 6 of this Part if:
(a) the result of the conduct constituting the offence (the underlying offence ) to which the vicarious liability offence relates is pollution of the marine environment (however described); and
(b) the conduct constituting the underlying offence occurs in the territorial sea of Australia; and
(c) the person is not an Australian citizen, an Australian resident or a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory; and
(d) the penalty set out at the foot of the provision for an offence against that provision includes imprisonment.
(2) Despite the penalty set out at the foot of the provision, the penalty for the offence committed by the person only includes imprisonment if the prosecution proves that:
(a) the person who engaged in the conduct that constituted the underlying offence intended to engage in that conduct; and
(b) the pollution is serious.
25 After subsection 39FA(1)
Insert:
Civil penalty for failing to collect charge
(1A) A holder of a chargeable permission must not fail to collect charge from a visitor if:
(a) the holder provides a service to the visitor under the permission; and
(b) charge is due and payable by the visitor in relation to the permission.
Civil penalty:
(a) for an individual--100 penalty units; or
(b) for a body corporate--500 penalty units.
26 Subsection 39FA(2)
Omit "subsection (1)", substitute "subsections (1) and (1A)".
27 At the end of subsection 39FA(5)
Add "or for a contravention of subsection (1A)".
28 Subsection 39FA(6)
After "subsection (1)", insert "or a court makes a declaration of contravention against a person for a contravention of subsection (1A)".
29 At the end of subsection 39FA(7)
Add "or the amount of any pecuniary penalty order made against the person for the contravention of subsection (1A)".
30 After subsection 39FB(2)
Insert:
Civil penalty for failing to pay collected amount on time
(2A) A holder of a chargeable permission must not fail to pay a collected amount to the Authority before or on the day it is due and payable.
Civil penalty:
(a) for an individual--20 penalty units; or
(b) for a body corporate--100 penalty units.
Note: The following heading to subsection 39FB(1) is inserted " Offence for failing to pay collected amount on time ".
31 Subsection 39FB(3)
After "subsection (1)", insert "or a court makes a declaration of contravention against a person for a contravention of subsection (2A)".
Note: The following heading to subsection 39FB(3) is inserted " Penalty for failing to pay collected amount on time ".
32 At the end of subsection 39FB(4)
Add "or the amount of any pecuniary penalty order made against the person for the contravention of subsection (2A)".
33 At the end of Division 2A of Part VA
Add:
39FF False or misleading representation in relation to tourism services: offence
(1) A person commits an offence if:
(a) the person makes a false or misleading representation; and
(b) the person is reckless as to whether the representation is false or misleading; and
(c) the representation relates to:
(i) a person's liability to pay a tax, charge or fee (however described) imposed by the Commonwealth for purposes connected with use of or entry to the Marine Park; or
(ii) the amount of any such tax, charge or fee; and
(d) the representation is made in the course of providing a tourism‑related service (see subsection (3)).
Penalty: 1,000 penalty units.
(2) In a prosecution for an offence against subsection (1), it is not necessary to prove that the representation expressly refers to the Marine Park or to an imposition by the Commonwealth.
(3) For the purposes of subsection (1), a tourism‑related service means:
(a) a service provided on a commercial basis to or for the benefit of tourists, or in relation to tourism, in Australia; and
(b) any action incidental to such a service (for example, advertising a service).
34 Subsections 39G(1), (1A) and (1B)
Repeal the subsections, substitute:
(1) If any charge payable by a person (other than a visitor) remains unpaid after the time when it became due for payment, the person is liable to pay, by way of penalty, an amount (the late payment penalty ) equal to:
(a) the amount worked out at the rate of 20% per annum of the amount unpaid, as at the time the amount unpaid became due for payment; or
(b) if the amount worked out under paragraph (a) is less than $250--$250.
(1A) If a collected amount payable by a person remains unpaid after the time when it became due for payment, the person is liable to pay, by way of penalty, an amount (the late payment penalty ) equal to:
(a) the amount worked out at the rate of 20% per annum of the amount unpaid, as at the time the amount unpaid became due for payment; or
(b) if the amount worked out under paragraph (a) is less than $250--$250.
(1B) If a penalty amount payable by a person remains unpaid after the time when it became due for payment, the person is liable to pay, by way of penalty, an amount (the late payment penalty ) equal to:
(a) the amount worked out at the rate of 20% per annum of the amount unpaid, as at the time the amount unpaid became due for payment; or
(b) if the amount worked out under paragraph (a) is less than $250--$250.
Part 2 -- Transitional, application and saving provisions
35 Definition
In this Part:
Marine Park regulations means regulations made under the Great Barrier Reef Marine Park Act 1975 .
36 Mining or drilling in Great Barrier Reef Region (sections 38AA and 38AB)
A reference in section 38AA or 38AB of the Great Barrier Reef Marine Park Act 1975 , as in force after the commencement of this Schedule, to a permission granted under the regulations for the purposes of section 38AA includes a reference to an approval that meets the following conditions:
(a) the approval was given by the Authority under subsection 38(3) of the Great Barrier Reef Marine Park Act 1975 as in force before the commencement of this Schedule;
(b) either:
(i) the approval was in force immediately before the commencement of this Schedule; or
(ii) if, at the time this Schedule commenced, the approval was suspended--the suspension has been removed under Marine Park regulations;
(c) the approval is not suspended under Marine Park regulations;
(d) the approval has not expired or been revoked under Marine Park regulations.
37 Conduct in zone (sections 38BA and 38BB)
A reference in section 38BA or 38BB of the Great Barrier Reef Marine Park Act 1975 , as in force after the commencement of this Act, to a permission granted under the regulations for the purposes of the zoning plan includes a reference to a permission that meets the following conditions:
(a) the permission was granted or transferred to a person under Marine Park regulations before the commencement of this Schedule;
(b) the permission was, immediately before the commencement of this Schedule, a permission of a kind declared by Marine Park regulations to be a permission to which section 38B, 38CB or 38MA of the Great Barrier Reef Marine Park Act 1975 applied;
(c) either:
(i) the permission was in force immediately before the commencement of this Schedule; or
(ii) if, at the time this Schedule commenced, the permission was suspended--the suspension has been removed under Marine Park regulations;
(d) the permission is not suspended under Marine Park regulations;
(e) the permission has not expired or been revoked under Marine Park regulations.
38 Conduct in unzoned area (sections 38CA and 38CB)
A reference in section 38CA or 38CB of the Great Barrier Reef Marine Park Act 1975 , as in force after the commencement of this Schedule, to a permission granted under the regulations for the purposes of section 38CA includes a reference to a permission that meets the following conditions:
(a) the permission was granted or transferred to a person under Marine Park regulations before the commencement of this Schedule;
(b) the permission was, immediately before the commencement of this Schedule, a permission of a kind declared by Marine Park regulations to be a permission to which section 38F of the Great Barrier Reef Marine Park Act 1975 applied;
(c) either:
(i) the permission was in force immediately before the commencement of this Schedule; or
(ii) if, at the time this Schedule commenced, the permission was suspended--the suspension has been removed under Marine Park regulations;
(d) the permission is not suspended under Marine Park regulations;
(e) the permission has not expired or been revoked under Marine Park regulations.
39 Contravening order or direction (section 38DC)
(1) A reference in section 38DC of the Great Barrier Reef Marine Park Act 1975 , as in force after the commencement of this Schedule, to an order or direction of a kind declared by the regulations to be an order or direction to which section 38DC applies includes a reference to an order that meets the following conditions:
(a) the order was given before the commencement of this Schedule;
(b) the order was, immediately before the commencement of this Schedule, an order of a kind declared by the regulations to be an order to which section 38H of the Great Barrier Reef Marine Park Act 1975 applied;
(c) the order was in force immediately before the commencement of this Schedule;
(d) the order has not expired or been revoked.
(2) A reference in section 38DC of the Great Barrier Reef Marine Park Act 1975 , as in force after the commencement of this Schedule, to an order or direction of a kind declared by the regulations to be an order or direction to which section 38DC applies includes a reference to a direction that meets the following conditions:
(a) the direction was given before the commencement of this Schedule;
(b) the direction was, immediately before the commencement of this Schedule, a direction of a kind declared by Marine Park regulations to be a direction to which section 38E of the Great Barrier Reef Marine Park Act 1975 applied;
(c) the direction was in force immediately before the commencement of this Schedule;
(d) the direction has not expired or been revoked.
40 Discharging waste (section 38DD)
A reference in section 38DD of the Great Barrier Reef Marine Park Act 1975 , as in force after the commencement of this Schedule, to a permission granted under the regulations for the purposes of that section includes a reference to a permission that meets the following conditions:
(a) the permission was granted or transferred to a person under Marine Park regulations before the commencement of this Schedule;
(b) the permission was, immediately before the commencement of this Schedule, a permission of a kind declared by Marine Park regulations to be a permission to which section 38B or 38J of that Act applied;
(c) either:
(i) the permission was in force immediately before the commencement of this Schedule; or
(ii) if, at the time this Schedule commenced, the permission was suspended--the suspension has been removed under Marine Park regulations;
(d) the permission is not suspended under Marine Park regulations;
(e) the permission has not expired or been revoked under Marine Park regulations.
41 Conduct contravening condition of permission or authority (sections 38EA and 38EB)
A reference in section 38EA or 38EB of the Great Barrier Reef Marine Park Act 1975 , as in force after the commencement of this Schedule, to a permission granted under the regulations for the purposes of a provision of the Great Barrier Reef Marine Park Act 1975 or of a zoning plan includes a reference to a permission that meets the conditions in item 27, 28, 29 or 31.
42 Liability of permission holder for conduct contravening permission (section 38FD)
A reference in section 38FD of the Great Barrier Reef Marine Park Act 1975 , as in force after the commencement of this Schedule, to a permission granted under the regulations for the purposes of a provision of the Great Barrier Reef Marine Park Act 1975 or of a zoning plan includes a reference to a permission that meets the conditions in item 27, 28, 29 or 31.
[ Minister's second reading speech made in--
House of Representatives on 18 June 2008
Senate on 27 August 2008 ]
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