Commonwealth Numbered Regulations

GREAT BARRIER REEF MARINE PARK AMENDMENT REGULATIONS 2001 (NO. 3) 2001 NO. 197 - SCHEDULE 1

(regulation 3)

[1] After subregulation 6 (2)

insert

(3)

A permission granted under regulation 13 or 22 is declared to be a permission to which paragraphs 38CB (1) (c), 38MA (1) (d) and 38MA (3) (c) of the Act apply.

[2] After regulation 45

insert

45A Discharge of sewage
(1) A person is guilty of an offence if the person intentionally or negligently discharges sewage in the Marine Park.

Penalty:
50 penalty units.

(2) This regulation does not apply to the discharge of sewage:
(a) from a vessel or aircraft:

(i)

that does not contain a storage tank designed for storing sewage; or

(ii)

that contains a storage tank designed for storing sewage, if the vessel or aircraft is more than 500 metres seawards from the seaward edge of the nearest reef; or

(iii)

if the discharge was for the purpose of saving life at sea or securing the safety of the vessel or aircraft; or

(b)

in a zone for which the zoning plan provides for the zone to be used or entered for that purpose.

Note    A defendant bears an evidential burden for matters in subregulation (2) — see Criminal Code , subsection 13.3 (3).

(3) In this regulation:

"discharge" has the meaning given by subsection 38J (7) of the Act.

"reef" includes bommie fields, reef slopes, moats and ramparts.

"sewage" has the meaning given by Part IIIB of the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 .

[3] Part 7, before regulation 62

insert

61A Compulsory pilotage area

(1)

For the definition of compulsory pilotage area in subsection 3 (1) of the Act, the following parts of the Great Barrier Reef Region are prescribed:

(a)

the inner route described in Part 1 of Schedule 8;

(b)

the Hydrographer's Passage described in Part 2 of Schedule 8;

(c)

the Whitsundays compulsory pilotage area described in Part 3 of Schedule 8.

(2)

A geographic coordinate mentioned in Schedule 8 is to be determined by reference to the Geocentric Datum of Australia (known as GDA94), as defined in Gazette No. GN 35 of 6 September 1995.

[4] After Schedule 7

insert

Schedule 8 Compulsory pilotage area

(regulation 61A)

Part 1 Inner route
The waters bounded by:

(a)

the Australian mainland; and

(b)

the outer eastern edge of the Great Barrier Reef; and

(c)

the northern boundary of the Great Barrier Reef Region; and

(d)

latitude 16° 39.91' S.

Part 2 Hydrographer's Passage
The area bounded by a line that progressively joins, on geodesic lines, the following points:

Part 3 Whitsundays compulsory pilotage area
The area bounded by a line that begins at the northernmost point of Cape Gloucester at low water, at about latitude 20° 03.94' S, longitude 148° 27.51' E, and continues progressively:
(a) on geodesic lines to the following points:

(b)

west along parallel of latitude 20° 39.73' S to the coastline of the mainland at low water, near Midge Point; and

(c)

generally northerly, easterly, south-easterly and north-westerly along the coastline of the mainland at low water to the point where the boundary began.

Note
The line described by the points mentioned in items 2 to 14 of the table in paragraph (a) follows the Australian territorial sea baseline, as defined in AMBIS 2001 data, published by the Australian Surveying and Land Information Group (AUSLIG).