Commonwealth Numbered Regulations Commonwealth Numbered RegulationsGreat Barrier Reef Marine Park Regulations 1983
1 At the end of regulation 45
Add:
; (j) Maritime Cultural Heritage Protection SMA.
2 After regulation 65B
Insert:
66 Maritime Cultural Heritage Protection SMA--declaration
An area described in Part 1 or 2 of Table 66 is declared to be a Maritime Cultural Heritage Protection SMA having the name set out in the Part heading.
Table 66 Maritime Cultural Heritage Protection SMA
Table 66, Part 1 Catalina A24-25 Maritime Cultural Heritage Protection SMA
The area bounded by a notional line commencing at 17 ° 12.825′S, 146 °1 2.134′E then running progressively:
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1 |
east along the parallel to 17 °12.825′S, 146°12.704′E; |
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2 |
south along the meridian to 17 °13.395′S, 146°12.704′E; |
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3 |
west along the parallel to 17 °13.395′S, 146°12.134′E; |
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4 |
north along the meridian to the point of commencement. |
Table 66, Part 2 Catalina A24-24 Maritime Cultural Heritage Protection SMA
The area bounded by a notional line commencing at 19 ° 49.988′S, 148 °1 8.734′E then running progressively:
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1 |
east along the parallel to 19 °49.988′S, 148°19.304′E; |
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2 |
south along the meridian to 19 °50.558′S, 148°19.304′E; |
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3 |
west along the parallel to 19 °50.558′S, 148°18.734′E; |
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4 |
north along the meridian to the point of commencement. |
66A Maritime Cultural Heritage Protection SMAs--special management provisions
(1) In this regulation:
"fishing or collecting " has the meaning given by the Zoning Plan.
"under way " : a vessel is taken to be under way only if the vessel is being propelled (whether by engine, sail or human power) through the water in a forward direction and is not adrift.
"wreck " has the meaning given by the Zoning Plan.
(2) A person must not:
(a) enter a wreck; or
(b) approach within 100 metres of a wreck (other than in a non-submersible vessel or aircraft);
in a Maritime Cultural Heritage Protection SMA without the written permission of the Authority.
(3) A person must not, without the written permission of the Authority, operate a vessel in a Maritime Cultural Heritage Protection SMA, other than for the purpose of transiting through the SMA to a place outside the SMA:
(a) by the most direct and reasonable route; and
(b) in such a manner that the vessel is under way at all times when it is in the SMA.
(4) A person must not anchor or attempt to anchor a vessel, or deploy the vessel's anchoring equipment, in a Maritime Cultural Heritage Protection SMA without the written permission of the Authority.
(5) A person must not undertake fishing or collecting in a Maritime Cultural Heritage Protection SMA.
Note: See sections 38BA and 38BB of the Act for, respectively, an offence and a civil penalty provision that apply to a person who engages in conduct that contravenes this regulation.
3 After regulation 88V
Insert:
(1) In this regulation:
"cultural heritage purposes " means one or more of the following:
(a) to carry out cultural heritage research;
(b) to carry out cultural heritage monitoring;
(c) to carry out works to stabilise wrecks;
(d) to carry out photography, filming or sound recording that will improve public education about, or understanding of, cultural heritage;
(e) to carry out ceremonial activities directly relevant to cultural heritage;
(f) to carry out activities incidental to an activity covered by paragraphs (a) to (e).
"wreck " has the meaning given by the Zoning Plan.
(2) The Authority must not grant a permission to a person to use or enter a Maritime Cultural Heritage Protection SMA other than for cultural heritage purposes.