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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the permission has not been granted or refused, and the application has not been withdrawn or lapsed.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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