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GREAT BARRIER REEF MARINE PARK AMENDMENT (CAPITAL DREDGE SPOIL DUMPING) REGULATION 2015 (SLI NO 71 OF 2015) - SCHEDULE 1

Amendments

   

Great Barrier Reef Marine Park Regulations 1983

1  After regulation 88R

Insert:

88RA   Limitation on granting permission for dumping

Limitation on dumping

             (1)  Despite any other provision in this Part, the Authority must not grant a permission for an activity if the Authority is satisfied that the activity would constitute or involve prohibited dumping.

             (2)  Subregulation (1) applies in relation to the following applications for permission:

                     (a)  an application made, or taken to have been made, before the day the Great Barrier Reef Marine Park Amendment (Capital Dredge Spoil Dumping) Regulation 2015 commences, but not decided before that day;

                     (b)  an application made, or taken to have been made, on or after the day that Regulation commences.

Prohibited dumping

             (3)  In this regulation, prohibited dumping means dumping, in the Marine Park, an amount of capital dredge spoil material that prior to its excavation was, in situ, more than 15 000 cubic metres in volume.

             (4)  However, prohibited dumping does not include burying a pipe, cable or tube with capital dredge spoil material if the material had been excavated to create the trench in which the pipe, cable or tube was laid.

Capital dredge spoil material

             (5)  In this regulation, capital dredge spoil material means material excavated as a result of dredging:

                     (a)  to create new channels, basins, ports, berths or other areas; or

                     (b)  to enlarge or deepen existing channels, basins, ports, berths or other areas; or

                     (c)  to remove material unsuitable for foundations; or

                     (d)  to create trenches for pipes, cables or tubes; or

                     (e)  for any other purpose incidental to creating a void.

             (6)  However, capital dredge spoil material does not include material excavated as a result of dredging carried out for the sole purpose of:

                     (a)  maintaining an existing channel, basin, port, berth or other area for its intended use; or

                     (b)  protecting human life or property.

2  At the end of Division 2A.8

Add:

88ZVA   Revocation of permission--North Queensland Bulk Ports Corporation Limited

             (1)  Despite any other provision in this Part, the permission granted by the Authority on 31 January 2014 in relation to North Queensland Bulk Ports Corporation Limited (permit number G14/34897.1) is revoked.

             (2)  The revocation takes effect on the day the Great Barrier Reef Marine Park Amendment (Capital Dredge Spoil Dumping) Regulation 2015 commences.

             (3)  This regulation is repealed on the day after the day mentioned in subregulation (2).



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