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GREAT BARRIER REEF MARINE PARK AMENDMENT REGULATIONS 2002 (NO. 2) 2002 NO. 73 - SCHEDULE 1
Amendments
(regulation 3)
[1] Subregulation 6 (2)
substitute
(2) For subsection 38B
(2) of the Act, the following circumstances are prescribed:
(a) in respect of conduct engaged in by a person in an area covered by a
zoning plan during the first 120 days after the day on which the
zoning plan comes into operation:
- (i)
- the person engaged in conduct
of the same kind, in that area, before the zoning plan came into
operation; and
- (ii)
- permission was not required for that conduct before the zoning plan came
into operation;
(b) in respect of conduct engaged in by a person in an area covered by a
zoning plan during the first 120 days after the day on which an amendment
of the zoning plan comes into operation:
- (i)
- the person engaged in conduct
of the same kind, in the same area, before the amendment came into operation;
and
- (ii)
- permission was not required for that conduct before the amendment came
into operation;
(c) in respect of conduct engaged in by a person in an area covered by a
zoning plan after the end of a period mentioned in paragraph (a) or (b):
- (i)
- the person engaged in conduct of the same kind, in that area, before the
beginning of that period; and
- (ii)
- permission was not required for that conduct before the beginning of that
period; and
- (iii)
- the person applied for permission to engage in the conduct during that
period; and
- (iv)
- the person applied for the permission in accordance with these
Regulations; and
- (v)
- the person complies with any requirement or request made by the Authority
under the Act, these Regulations or the zoning plan in relation to the
application; and
- (vi)
- the permission has not been granted or refused, and the application has
not been withdrawn or lapsed.
[2] Before regulation 8
insert
Division 3.1 General
[3] Regulation 8,
before definition of zone
insert
"designated area" means a Seasonal Closure
Area, Restricted Access Area, Replenishment Area, Shipping Area or Cruise Ship
Anchorage Area specified in the zoning plan or designated under regulation 14.
[4] Regulation 8, definition of zoning plan
substitute
"zoning plan" means
the Far Northern Section Zoning Plan in force under section 33 of the Act.
[5] Subregulations 9 (2) to (7)
substitute
(1A) For the purposes of the
definition of limited collecting contained in the zoning plan, the following
limitations on the collection of shells, fish and invertebrates are declared:
- (a)
- collecting may be carried out only by hand or by the use of a hand-held
implement;
- (b)
- not more than 5 shells, fish or invertebrates of any
1 species (except a species listed in Part 4 of Schedule 1) are to be
collected, or held in possession, in any period of 28 days;
- (c)
- an invertebrate of a species listed in Part 4 of Schedule 1 is not to be
collected with the aid of any underwater breathing apparatus except a snorkel;
- (d)
- an organism of a species listed in Schedule 3 is not to be collected
except by a traditional inhabitant (within the meaning of the zoning plan) for
his or her own use.
- (2)
- For the purposes of the definition of fishing contained in the zoning
plan, a declared fish, crustacean or mollusc is a fish, crustacean or mollusc
that is not in a taxon specified in Schedule 4.
- (3)
- For the purposes of the definition of bait netting contained in the zoning
plan, nets of the following kinds are declared:
- (a)
- in relation to netting
permitted in the Marine Park under Part 3 of Schedule 8 to the Fisheries
Regulation 1995 of Queensland nets described in section 12 of that
Schedule;
- (b)
- in relation to netting permitted in the Marine Park under Part 1 of
Schedule 13 to the Fisheries Regulation 1995 of Queensland nets
described in sections 4, 6 and 7 of that Schedule;
- (c)
- in relation to netting permitted in the Marine Park under Part 3 of
Schedule 13 to the Fisheries Regulation 1995 of Queensland nets
described in section 25 of that Schedule.
- (4)
- For the purposes of the definition of commercial netting contained in the
zoning plan, netting permitted in the Marine Park under Schedule 13, or Part 1
of Schedule 15, of the Fisheries Regulation 1995 of Queensland, except netting
in accordance with the following provisions of that Regulation:
- (a)
- Part 3
of Schedule 8;
- (b)
- Part 1 of Schedule 13;
- (c)
- section 25 of Schedule 13;
is declared to be commercial netting.
- (5)
- For the purposes of the definition
of crabbing contained in the zoning plan:
- (a)
- in relation to crabbing
permitted by Part 1 of Schedule 8 to the Fisheries Regulation 1995 of
Queensland apparatus of a kind mentioned in subsection 3 (1) of
that Schedule is declared; and
- (b)
- in relation to crabbing permitted by Schedule 11 to the Fisheries
Regulation 1995 of Queensland apparatus of a kind mentioned in
subsection 4 (1) of that Schedule is declared; and
- (c)
- in relation to crabbing permitted by Part 5 of the Fisheries (Spanner
Crab) Management Plan 1999 of Queensland apparatus of a kind
mentioned in section 48 of that Plan is declared; and
- (d)
- in relation to crabbing permitted by Part 6 of the Fisheries (Spanner
Crab) Management Plan 1999 of Queensland apparatus of a kind
mentioned in section 68 of that Plan is declared.
Note 1
Subsection 3 (1) of Schedule 8 to the Fisheries Regulation 1995 of
Queensland mentions crab pots, collapsible traps, dillies and inverted
dillies. Subsection 4 (1) of Schedule 11 to that Regulation mentions crab
pots, dillies and inverted dillies. Crab pot , collapsible trap , dilly and
inverted dilly are defined, for the purposes of that Regulation, in Part 2 of
Schedule 17 to that Regulation.
Note 2
Section 48 of the Fisheries
(Spanner Crab) Management Plan 1999 of Queensland mentions dillies. Section 68
of that Plan mentions crab pots, collapsible traps, dillies and inverted
dillies. Crab pot , dilly and inverted dilly are defined, for the purposes of
that Plan, in Part 3 of Schedule 3 to that Plan.
- (6)
- For the purposes of the
definition of limited crabbing contained in the zoning plan:
- (a)
- in
relation to the taking of crabs under Part 1 of Schedule 8, or Schedule 11, to
the Fisheries Regulation 1995 of Queensland or Part 6 of the Fisheries
(Spanner Crab) Management Plan 1999 of Queensland, except in an area in
Princess Charlotte Bay that is in the Conservation Park Zone, the declared
number of crab pots, dillies or inverted dillies (alone or in combination) is
4; and
- (b)
- in relation to the taking of crabs under Part 5 of the Fisheries (Spanner
Crab) Management Plan 1999 of Queensland, except in an area in Princess
Charlotte Bay that is in the Conservation Park Zone:
- (i)
- the declared number of dillies, within the meaning of that Part, is 4; and
- (ii)
- the declared number of crab pots or inverted dillies is 0; and
- (c)
- in relation to the taking of crabs, in an area in Princess Charlotte Bay
that is in the Conservation Park Zone, under Part 1 of Schedule 8 to the
Fisheries Regulation 1995 of Queensland, the declared number of crab pots,
dillies or inverted dillies (alone or in combination), within the meaning of
that Part, is 4; and
- (d)
- in relation to the taking of crabs, in an area in Princess Charlotte Bay
that is in the Conservation Park Zone, under Schedule 11 to the Fisheries
Regulation 1995 of Queensland, the declared number of crab pots, dillies or
inverted dillies (alone or in combination), within the meaning of that
Schedule, is 50; and
- (e)
- in relation to the taking of crabs, in an area in Princess Charlotte Bay
that is in the Conservation Park Zone, under Part 5 of the Fisheries (Spanner
Crab) Management Plan 1999 of Queensland:
- (i)
- the declared number of dillies, within the meaning of that Part, is 30;
and
- (ii)
- the declared number of crab pots or inverted dillies is 0; and
- (f)
- in relation to the taking of crabs, in an area in Princess Charlotte Bay
that is in the Conservation Park Zone, under Part 6 of the Fisheries (Spanner
Crab) Management Plan 1999 of Queensland, the declared number of crab pots,
dillies or inverted dillies (alone or in combination), within the meaning of
that Part, is 4.
- (7)
- For the purposes of the definition of limited line fishing contained in
the zoning plan, the following limitations are declared:
- (a)
- the fishing
must involve no more than 2 hand-held rods or handlines;
- (b)
- each line must have no more than 1 hook, artificial fly or lure.
[6] Subregulation 10 (2)
omit everything before paragraph (a), insert
(2) An
application to the Authority for a relevant permission must contain the
following information:
[7] Paragraph 10 (2) (b)
omit
area forming part
insert
Section
[8] Paragraph 10 (2) (c)
after
zone
insert
, and (if a
designated area is proposed to be used or entered) the name of the designated
area,
[9] Paragraph 10 (2) (d)
after
zone
insert
or designated area
[10]
Paragraph 10 (2) (f)
substitute
- (f)
- the proposed movements within the zone
or designated area of any person proposing to use or enter the zone or
designated area;
[11] Paragraph 10 (2) (g)
substitute
- (g)
- the location of the use of, or
entry into, the zone or designated area, including the name of any shoal, reef
or island on or near which the use or entry is proposed to take place;
[12] Paragraph 10 (2) (i)
substitute
- (i)
- the means of transport to be used
for entry into, travel within, and departure from, the zone or designated
area;
[13] Subregulation 10 (2)
omit everything after paragraph (j), insert
- (k)
- any other information that the Authority may reasonably require and has asked
the applicant to provide.
[14] Subregulations 10 (3) and (4)
substitute
- (2A)
- However, an application
is not invalid only because it does not include all of the information
required by subregulation (2).
(3) An application for a relevant permission
for the purposes of research (including manipulative research), however
described, must contain, in addition to the information required under
subregulation (2), the following information:
- (a)
- the purpose of the
research;
(b) a brief description of the manner in which the research is to be
undertaken, including:
- (i)
- a description of the sequence and location of
fieldwork to be carried out; and
- (ii)
- an explanation of the experimental design and methods of analysis to be
used in the research; and
- (iii)
- the number, quantity and description of any living or non-living matter
to be taken for the purpose of the research; and
- (iv)
- the methods to be used in taking any such matter;
- (c)
- the frequency and duration of visits to the zone or designated area for
the purposes of the research.
(4) In considering an application for a relevant permission, the Authority
must have regard to:
- (a)
- the objective of the zone; and
- (b)
- the need to protect the cultural and heritage values held in relation to
the Marine Park by traditional inhabitants and other people; and
- (c)
- the likely effect of granting permission on future options for the Marine
Park; and
- (d)
- the conservation of the natural resources of the Marine Park; and
- (e)
- the nature and scale of the proposed use in relation to the existing use
and amenity, and the future or desirable use and amenity, of the relevant area
and of nearby areas; and
- (f)
- the likely effects of the proposed use on adjoining and adjacent areas and
any possible effects of the proposed use on the environment and the adequacy
of safeguards for the environment; and
- (g)
- the means of transport for entry into, use within, or departure from, the
zone or designated area and the adequacy of provisions for aircraft or vessel
mooring, landing, taking off, parking, loading and unloading; and
(h) in relation to any structure, landing area, farming facility, vessel or
work to which the proposed use relates:
- (i)
- the health and safety aspects
involved, including the adequacy of construction; and
- (ii)
- the arrangements for removal upon the expiration of the permission of the
structure, landing area, farming facility or vessel or any other thing that is
to be built, assembled, constructed or fixed in position as a result of that
use; and
- (i)
- the arrangements for making good any damage caused to the Marine Park by
the proposed activity; and
- (j)
- any other requirements for ensuring the orderly and proper management of
the Marine Park; and
- (k)
- any charge payable by the applicant in relation to a chargeable permission
(whether or not in force) that is overdue for payment; and
- (l)
- if the application relates to an undeveloped project, the cost of which
will be large the capacity of the applicant to satisfactorily
develop the project.
(5) In considering an application for permission to enter or use a zone or
designated area for the purpose of traditional fishing or for the purpose
of traditional hunting and gathering, the Authority must have regard, in
addition to the matters specified in subregulation (4), to the following
matters:
- (a)
- the need for conservation of endangered species and, in
particular, the capability of the relevant population of that species to
sustain harvesting;
- (b)
- the means to be employed in the proposed traditional fishing or
traditional hunting and gathering;
- (c)
- the number of animals or plants, or the amount of marine product, proposed
to be taken;
- (d)
- the purpose of the proposed taking;
- (e)
- whether the entry and use of the area in which the activity is to take
place will be in accordance with Aboriginal tradition or Islander tradition,
as the case requires;
- (f)
- the normal place of residence of the applicant;
- (g)
- whether the applicant is a traditional inhabitant.
[15] Subregulation 11 (1)
after
public notice
insert
by written
advertisement
[16] Paragraph 11 (1) (a)
substitute
- (a)
- setting out any
information relating to the application that the Authority reasonably
requires; and
[17] Subregulations 11 (2) and (3)
substitute
- (2)
- Before making a decision
in respect of an application for a relevant permission in relation to which
public notice is required to be given under subregulation (1), the
Authority must have regard to any written comments received in response to the
notice.
(3) In subregulation (1), a reference to a written advertisement is
a reference to a notice published on 2 days, separated by at least 7 days
and not more than 14 days:
- (a)
- in the Gazette ; and
- (b)
- in a newspaper that has circulation generally in Queensland; and
- (c)
- in any local newspaper that has circulation in an area of Queensland that
is adjacent to a part of the Marine Park that is proposed to be used or
entered.
[18] After regulation 13
insert
13A Permission to use or enter the Remote
Natural Area
For clause 11.5 of the zoning plan, the Authority must not grant a permission
to use or enter the Remote Natural Area for any of the following purposes:
(a) carrying out works (other than works related to the construction and
operation of navigational aids) involving:
- (i)
- the dumping of spoil;
or
- (ii)
- reclamation; or
- (iii)
- beach protection works; or
- (iv)
- harbour works;
- (b)
- motorised watersports;
- (c)
- anchoring or mooring a cruise ship, except in a Cruise Ship Anchorage
Area;
- (d)
- establishing or operating a site-dedicated tourist program;
- (e)
- constructing or operating a structure other than a vessel mooring or a
navigational aid.
13B Prohibited activities in the Far Northern Section
(1) Despite anything contained in the zoning plan, the following activities
are prohibited in the Habitat Protection Zone:
- (a)
- fishing involving
trawling;
- (b)
- the navigation of a ship except for the purpose of tourism or research.
(2) Despite anything contained in the zoning plan, the following activities
are prohibited in the Conservation Park Zone:
(a) fishing (except for the purpose of research) involving:
- (i)
- trolling
(except trolling for pelagic species); or
- (ii)
- line fishing (except limited line fishing); or
- (iii)
- spearfishing; or
- (iv)
- commercial netting (except commercial netting in the Princess Charlotte
Bay area); or
- (v)
- trawling; or
- (vi)
- crabbing (except crabbing in the Princess Charlotte Bay area and limited
crabbing);
- (b)
- mariculture;
- (c)
- the navigation of a ship except for the purpose of tourism or research.
(3) Despite anything contained in the zoning plan, the following activities
are prohibited in the Buffer Zone:
(a) fishing (except for the purpose of research) involving:
- (i)
- trolling
(except trolling for pelagic species); or
- (ii)
- line fishing; or
- (iii)
- spearfishing; or
- (iv)
- commercial netting; or
- (v)
- trawling; or
- (vi)
- crabbing;
- (b)
- bait netting (except bait netting for pelagic species);
- (c)
- mariculture;
- (d)
- the navigation of a ship except for the purpose of tourism or research.
(4) Despite anything contained in the zoning plan, the following activities
are prohibited in the National Park Zone:
- (a)
- recreational activities that
involve the taking of plants, animals or marine products;
- (b)
- fishing (except traditional fishing or fishing for the purpose of
research);
- (c)
- collecting (except traditional collecting or collecting for the purpose of
research);
- (d)
- hunting (except traditional hunting);
- (e)
- mariculture;
- (f)
- the navigation of a ship except for the purpose of tourism or research.
- (5)
- Despite anything contained in the zoning plan, all activities except
activities mentioned in paragraph 10.3 (a) or (b) or 10.4 (a)
of the zoning plan are prohibited in the Preservation Zone.
[19] Regulation
14
substitute
Division 3.2 Designated areas
14 Authority may designate
areas
- (1)
- Subject to regulations 14B and 14C, for paragraph 12.1 (b) of
the zoning plan, the Authority may designate a part or parts of a zone, or of
more than 1 zone, as a Seasonal Closure Area.
Note
Part 9 of Schedule 1
of the zoning plan describes other Seasonal Closure Areas.
- (2)
- Subject to
regulations 14B and 14C, for paragraph 13.1 (b) of the zoning plan, the
Authority may designate a part or parts of a zone, or of more than
1 zone, as a Restricted Access Area.
Note
Part 10 of Schedule 1 of the
zoning plan describes other Restricted Access Areas.
- (3)
- Subject to
regulations 14B and 14C, for paragraph 14.1 (b) of the zoning plan, the
Authority may designate a part or parts of a zone, or of more than
1 zone, as a Replenishment Area.
Note
Part 11 of Schedule 1 of the
zoning plan describes other Replenishment Areas.
- (4)
- Subject to regulations
14B and 14C, for paragraph 15.1 (b) of the zoning plan, the Authority may
designate a part or parts of a zone, or of more than 1 zone, as a
Shipping Area.
Note
Part 12 of Schedule 1 of the zoning plan describes other
Shipping Areas.
- (5)
- Subject to regulations 14B and 14C, for clause 16.1
of the zoning plan, the Authority may designate a part or parts of a zone, or
of more than 1 zone, as a Cruise Ship Anchorage Area.
14A Authority may
declare that Special Management Provisions apply
- (1)
- Subject to regulations
14B and 14C, for clause 12.3 of the zoning plan, the Authority may
declare that the Special Management Provisions set out in clause 12.4 of
the zoning plan apply to a Seasonal Closure Area for a specified period of up
to 7 months in any 12 month period.
- (2)
- Subject to regulations 14B and 14C, for clause 13.3 of the zoning
plan, the Authority may declare that the Special Management Provisions set out
in clause 13.4 of the zoning plan apply to a Restricted Access Area for a
specified period.
- (3)
- Subject to regulations 14B and 14C, for clause 14.3 of the zoning
plan, the Authority may declare that 1 or more of the Special Management
Provisions set out in paragraphs 14.4 (a) to (d) of the zoning plan apply
to a Replenishment Area.
- (4)
- Subject to regulations 14B and 14C, for clause 15.3 of the zoning
plan, the Authority may declare that the Special Management Provisions set out
in clause 15.4 of the zoning plan apply to a Shipping Area that is
designated under subregulation 14 (4).
- (5)
- Subject to regulations 14B and 14C, for clause 16.3 of the zoning
plan, the Authority may declare that the Special Management Provisions set out
in clause 16.4 of the zoning plan apply to a Cruise Ship Anchorage Area.
14B Proposed designation or declaration
- (1)
- Before making a designation
under regulation 14, the Authority must, by written advertisement:
- (a)
- specify an area within which it proposes to create a designated area; and
- (b)
- specify the kind of designated area that the area is proposed to be
designated as; and
- (c)
- invite interested persons to make representations in writing in relation
to the designation of the area on or before a day that is:
- (i)
- not less than 30 days after the date of the notice; and
- (ii)
- specified in the notice.
- (2)
- Before making a declaration under regulation 14A, the Authority must,
by written advertisement:
- (a)
- specify the area for which it proposes to
declare Special Management Provisions; and
- (b)
- state the Special Management Provisions that it proposes to declare for
the area; and
- (c)
- if the area is, or is proposed to be designated as, a Seasonal Closure
Area state the period or periods for which it proposes that the
Special Management Provisions will apply; and
- (d)
- if it proposes to designate the area as a Restricted Access
Area state the period for which it proposes that the Special
Management Provisions will apply; and
- (e)
- invite interested persons to make representations in writing in relation
to the declaration of the proposed Special Management Provisions on or before
a day that is:
- (i)
- not less than 30 days after the date of the notice; and
- (ii)
- specified in the notice.
(3) A person may, not later than the date specified in the notice referred to
in subregulation (1) or (2), make written representations to the Authority in
relation to:
- (a)
- the designation of the area mentioned in the notice; or
- (b)
- the declaration of the proposed Special Management Provisions.
(4) In subregulations (1) and (2), a reference to a written advertisement is a
reference to a notice published on 2 days, separated by at least 7 days
and not more than 14 days:
- (a)
- in a newspaper that has circulation
generally in Queensland; and
- (b)
- in any local newspaper that has circulation in an area of Queensland that
is adjacent to a part of the Marine Park that is proposed to be designated, or
in relation to which Special Management Provisions are proposed to be
declared.
14C Making a designation or declaration
- (1)
- In making a designation under
regulation 14, or a declaration under regulation 14A, the Authority must have
regard to
any representations made in accordance with subregulation 14B (3).
- (2)
- A designation under regulation 14, or a declaration under
regulation 14A, must be in accordance with the proposal specified under
regulation 14B.
(3) A designation under regulation 14, or a declaration
under regulation 14A, must be published:
- (a)
- in a newspaper that has
circulation generally in an area of Queensland adjacent to the area that is
proposed to be designated, or in relation to which Special Management
Provisions are to apply; and
- (b)
- in the Gazette .
(4) A designation under regulation 14, or a declaration under regulation
14A, takes effect from:
- (a)
- a date specified in the designation or
declaration, being a date not earlier than the date of publication of the
designation or declaration in the Gazette ; or
- (b)
- if no date is specified in the designation or declaration for the purposes
of paragraph (a), the date of publication in the Gazette .
14D Extension and revocation
- (1)
- The Authority may at any time, by notice
published in the Gazette , revoke a designation under regulation 14 or a
declaration under regulation 14A.
- (2)
- If the Authority makes a declaration
under subregulation
14A (1) or (2) that Special Management Provisions are to
apply to an area for a specified period, the Authority may, before the end of
that period, by notice published in the Gazette , extend the period for a
further period mentioned in the notice.
- (3)
- However, the Authority must not extend the period during which Special
Management Provisions are to apply to a Seasonal Closure Area if the extended
period would be greater than 7 months in any 12 month period.
[20]
Regulation 15, definition of zoning plan
substitute
"zoning plan" means the
Cairns Section Zoning Plan, Central Section Zoning Plan or Mackay/Capricorn
Section Zoning Plan in force under section 33 of the Act.
[21] Subregulation 18 (2)
omit everything before paragraph (a), insert
(2)
An application to the Authority for a relevant permission must contain the
following information:
[22] Paragraph 18 (2) (c)
omit
, where appropriate,
insert
(if a designated area is proposed to be used or entered)
[23]
Paragraph 18 (2) (i)
substitute
- (i)
- the means of transport to be used for
entry into, travel within, and departure from, the zone or designated area;
[24] Paragraph 18 (2) (j)
omit
and
[25] Paragraph 18 (2) (k)
substitute
- (k)
- any other information that the Authority may reasonably require and has
asked the applicant to provide.
[26] After subregulation 18 (2)
insert
- (2A)
- However, an application is not
invalid only because it does not include all of the information required by
subregulation (2).
[27] Subregulation 18 (3)
omit
shall
insert
must
[28] Subparagraph 18 (3) (b) (iii)
omit
identity
insert
description
[29]
Subregulation 18 (4)
omit
shall
insert
must
[30] Paragraph 18 (4) (g)
substitute
- (g)
- the means of transport for entry into, use within, or
departure from, the zone or designated area and the adequacy of provisions for
aircraft or vessel mooring, landing, taking off, parking, loading and
unloading; and
[31] Subregulation 18 (5)
omit
shall
insert
must
[32] Paragraph 20 (1)
(a)
substitute
- (a)
- setting out any information relating to the application
that the Authority reasonably requires; and
[33] Subregulations 20 (2) and (3)
substitute
- (2)
- Before making a decision
in respect of an application for a relevant permission in relation to which
public notice is required to be given under subregulation (1), the
Authority must have regard to any written comments received in response to the
notice.
(3) In subregulation (1), a reference to a written
advertisement is a reference to a notice published on 2 days, separated
by at least 7 days and not more than 14 days:
- (a)
- in the Gazette ; and
- (b)
- in a newspaper that has circulation generally in Queensland; and
- (c)
- in any local newspaper that has circulation in an area of Queensland that
is adjacent to a part of the Marine Park that is proposed to be used or
entered.
[34] Schedule 2
omit
[35] Schedule 4, heading
substitute
Schedule 4 Fish,
molluscs and crustaceans that are not declared fish, molluscs or
crustaceans
(subregulations 9 (2) and 16 (3))
[36] Schedule 4, Part 1,
table, column 2, heading
substitute
Species
[37] Schedule 4, Part 2, table,
column 2, heading
substitute
Species
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