Commonwealth Numbered Regulations

GREAT BARRIER REEF MARINE PARK AMENDMENT REGULATIONS 2004 (NO. 2) 2004 NO. 39 - SCHEDULE 1

(subregulation 3 (1))

[1] Regulation 3

omit

[2] Subregulation 4 (1)

substitute

(1) In these Regulations:

"Act" means the Great Barrier Reef Marine Park Act 1975 .

"Amalgamated Great Barrier Reef Section" means the area to which that name is assigned by the Great Barrier Reef (Declaration of Amalgamated Marine Park Area) Proclamation 2004 .

"authorisation" means an authorisation referred to in the Cairns Area Plan of Management 1998 , the Hinchinbrook Plan of Management 2004 or the Whitsundays Plan of Management 1998 , and granted under regulation 28.

"authority" means an authority given under regulation 50.

"bareboat operation" means a commercial operation that involves the use of a bareboat.

"Cairns Planning Area" has the meaning given by the Cairns Area Plan of Management 1998 .

"Defence Force" has the meaning given by section 30 of the Defence Act 1903 .

dory means:

(a)

a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a Commonwealth, State or Territory law, permitting the vessel to be used in association with a primary commercial fishing vessel; or

(b)

a vessel that is used in association with a primary commercial fishing vessel.

"Hinchinbrook Planning Area" has the meaning given by the Hinchinbrook Plan of Management 2004 .

"holders", for an accredited TUMRA, means the members of the traditional owner group in whose names the TUMRA is made.

"prescribed activity" means an activity in the unzoned area that is an activity referred to in paragraph 38F (1) (a), (b), (c), (d), (e), (f), (g) or (h) of the Act.

primary commercial fishing vessel means:

(a)

a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a Commonwealth, State or Territory law, permitting the vessel to be used to take fish for commercial purposes; or

(b)

a vessel that is used to take fish for commercial purposes.

"relevant permission" means a permission required under a provision of the Zoning Plan with respect to the purposes for which a zone may be used or entered.

"tender commercial fishing vessel" has the same meaning as dory .

TUMRA is an acronym for traditional use of marine resources agreement.

"Uniform Shipping Laws Code" has the meaning given by section 427 of the Navigation Act 1912 .

"Whitsunday Planning Area" has the meaning given by the Whitsundays Plan of Management 1998 .

"Zoning Plan" means the Great Barrier Reef Marine Park Zoning Plan 2003 .

[3] Subregulation 4 (2)

omit

at the commencement of this subregulation.

insert

on 7 June 2002.

[4] Subregulation 4 (3)

substitute

(2B)

A reference in these Regulations to a law of Queensland (including a Management Plan made under the Fisheries Act 1995 of Queensland) is a reference to that law as in force on 1 July 2004.

(3)

Unless the contrary intention appears, a word or expression that is used in both these Regulations and the Zoning Plan, and is defined in the Zoning Plan, has, in the application of these Regulations to and in relation to the Amalgamated Great Barrier Reef Section, the same meaning as it has in the Zoning Plan.

[5] After subregulation 4 (5), including the example

insert

(6) Geographic coordinates in these Regulations are expressed in terms of the Geocentric Datum of Australia 1994.

Note
The Geocentric Datum of Australia 1994 (also known as GDA94) was published in Gazette No. GN35 of 6 September 1995.

[6] Paragraph 5 (b)

substitute

(b)

the Transport Operations (Marine Safety) Act 1994 of Queensland.

[7] Regulation 5A

substitute

5A Prescribed officers
For the definition of prescribed officer in subsection 38J (7) of the Act, each of the following persons is prescribed:
(a) a member of the staff of the Authority who performs the duties of any of the following positions in the Authority:

(i)

the Executive Director whose responsibilities include shipping;

(ii)

Director, Day to Day Management Coordination Unit;

(iii)

Manager, Liaison (Northern);

(iv)

Manager, Liaison (Southern);

(v)

Project Manager, Shipping;

(b) an officer (within the meaning of the Australian Maritime Safety Authority Act 1990 ) of the Australian Maritime Safety Authority who performs the duties of either of the following positions in that Authority:

(i)

General Manager, Emergency Response;

(ii)

Manager, Environment Protection Response;

(c) an officer (within the meaning of the Public Service Act 1996 of Queensland) of the Department of Transport of Queensland who performs the duties of any of the following positions in that Department:

(i)

General Manager (Maritime Safety Queensland);

(ii)

Deputy General Manager (Maritime Safety Queensland);

(iii)

Assistant Director, Operational Services (Maritime Safety Queensland);

(iv)

Regional Harbour Master.

[8] Parts 2 and 3

substitute

Part 3 Amalgamated Great Barrier Reef Section
Division 3.1 Preliminary
6A Definitions for Part
In this Part:

"Fisheries Regulation" means the Fisheries Regulation 1995 of Queensland, as in force on 1 July 2004.

representative Aboriginal/Torres Strait Islander body has the same meaning as in the Native Title Act 1993 .

Spanner Crab Plan means the Fisheries (Spanner Crab) Management Plan 1999 of Queensland, as in force on 1 July 2004.

Note
For coastal 500 metre line and similar expressions, see the Zoning Plan, subsections 1.6 (7) and (8).

Division 3.2 Zoning Plan — definitions and related matters
6E Accreditation of educational or research institutions
(1) The Authority may accredit an educational or research institution for the Zoning Plan by notice in the Gazette if it is satisfied that the institution:

(a)

has adopted appropriate environmental practices and standards (including instruction and training of personnel); and

(b)

has an ongoing commitment to improve those practices and standards;

relating to research being undertaken in the Marine Park by the institution or on its behalf.

(2) The Authority may revoke an accreditation by notice in the Gazette if it is satisfied that the institution:

(a)

has ceased to hold the practices and standards mentioned in paragraph (1) (a); or

(b)

no longer has the commitment mentioned in paragraph (1) (b).

6I Accreditation of harvest fisheries
(1) The Authority may accredit a harvest fishery for the Zoning Plan by notice in the Gazette if it is satisfied that the management arrangements for the fishery under the law of Queensland provide a sound basis for an ecologically sustainable harvest fishery in an area that is part of, or includes a part of, the Marine Park.

Note
In the Zoning Plan, harvest fishery is defined in part as `... a fishery declared by the Regulations'. For the list of harvest fisheries, see regulation 7C.

(2) The Authority may revoke an accreditation by notice in the Gazette if it is satisfied that:

(a)

the management arrangements are no longer a sound basis for an ecologically sustainable fishery in an area that is part of, or includes a part of, the Marine Park; or

(b)

the compliance arrangements for the fishery are not adequate, or are not being adequately enforced.

6J Traditional use of marine resources agreements —development

(1)

An application for accreditation of a TUMRA must be in writing, and must be accompanied by a copy of the TUMRA.

(2) The application:

(a)

must set out the names of all of the members of the traditional owner group in whose name the application is made; and

(b)

must give the name and address of a person to whom correspondence may be sent on behalf of the traditional owner group; and

(c)

must include written confirmation, by a relevant representative Aboriginal/Torres Strait Islander body, that each member of the traditional owner group is a traditional owner in relation to the relevant part of the Marine Park.

(3) A TUMRA must contain the following information:

(a)

the area of the Marine Park in respect of which the TUMRA is to operate;

(b)

the names, or other means of identifying, the persons who are covered by the TUMRA;

(c)

the name and address of a person to whom correspondence can be sent on behalf of the traditional owner group;

(d)

a detailed description of the area and traditional use of marine resources to be covered by the TUMRA, including a description of the activities (such as dugong hunting) proposed to be undertaken at specific locations;

(e)

what animal species are proposed to be harvested, and if those species include 1 or more protected species, how many specimens of each protected species is proposed to be harvested;

(f)

the management arrangements proposed by the traditional owner group for implementation of the TUMRA, including the proposed role of the traditional owner group in ensuring compliance with the provisions of the TUMRA;

(g)

the manner in which monitoring and reporting of the traditional use of marine resources is to be conducted under the TUMRA, including the recording and reporting of information about the take of protected species;

(h)

a statement about the process used to develop the TUMRA by the traditional owner group, including any consultation with government authorities and interested persons;

(i) any other information that the Authority reasonably requires.

Note for paragraphs (3) (e) and (g)
For what species are protected species, see regulation 8U.

(4)

However, a TUMRA is not ineligible for accreditation only because it does not contain all of the information required by subregulation (3).

(5)

If the Authority considers that further particulars or documents are necessary for a proper consideration of the application, the Authority may, by notice in writing (specifying the further particulars or documents) to the person referred to in paragraph (2) (b), ask the applicants to give to the Authority the further particulars (in writing) or documents.

(6)

If the Authority asks for further particulars or documents under subregulation (5), and the applicants do not give the particulars or documents to the Authority within 90 days after the day of receipt by the applicant of the notice (or within any longer period that the Authority, before the expiration of the period of 90 days, allows) the application is taken to have lapsed.

6M Accreditation of TUMRAs

(1)

The Authority must not consider an application for accreditation of a TUMRA unless a relevant representative Aboriginal/Torres Strait Islander body has confirmed in writing that each member of the traditional owner group in whose name the application is made is a traditional owner.

(2) In considering an application for accreditation of a TUMRA, the Authority must have regard to the following:

(a)

the terms of the TUMRA;

(b)

the objectives of the zone or zones in which the proposed traditional use of marine resources is proposed to be undertaken;

(c)

the likely effect of accreditation of the TUMRA on future options for the Marine Park;

(d)

the nature and scale of the proposed traditional use of marine resources;

(e)

the conservation of the natural resources of the Marine Park, including the need for conservation of protected species and, in particular, the capability of the relevant population of such a species to sustain harvesting;

(f)

any other requirements for ensuring the orderly and proper management of the Marine Park;

(g)

the need to protect the cultural and heritage values held in relation to the Marine Park by traditional owners and other people;

(h)

the possible effects of the proposed traditional use of marine resources on the environment and the adequacy of safeguards for the environment and the likely effects of that use on adjoining and adjacent areas;

(i)

any existing agreements or arrangements between the Authority and those traditional owners;

(j)

any legislation or government policy that applies to the proposed traditional use of marine resources;

(k) any other relevant matters, including the provision of authorities under these Regulations and any action necessary to avoid, remedy or mitigate unacceptable environmental impact.

Note for paragraph (2) (e)
For what species are protected species, see regulation 8U.

(3)

If an application for accreditation of a TUMRA has been made and the applicants have complied with any requirement or request made by the Authority in relation to the application, the Authority must grant, or refuse to grant, accreditation of the TUMRA.

(4) If the Authority grants accreditation of the TUMRA, the Authority must also decide:

(a)

when the accredited TUMRA is to come into effect; and

(b)

when it is to cease to have effect.

(5) If the Authority's decision is to grant accreditation of a TUMRA, the Authority must give the holders:

(a)

a copy of the accredited TUMRA; and

(b) a written statement of when the accredited TUMRA:

(i)

is to come into effect; and

(ii)

is to cease to have effect; and

(c) a written statement of any conditions imposed under subregulation (6).

Note
See Part 13 concerning reconsideration and review of decisions. The Authority must publish a notice of the grant of the accreditation in the Gazette .

(6) The Authority may grant accreditation of a TUMRA subject to:

(a)

conditions allowing the holders to give authorities and specifying the maximum number of persons to whom authorities may be given; or

(b)

conditions appropriate to the attainment of the object of the Act (including a requirement that in specified circumstances a person must give the Authority a written undertaking in a form approved by the Authority).

(7) An accredited TUMRA:

(a)

has effect on the date referred to in paragraph (4) (a); and

(b)

unless it is sooner terminated, surrendered or revoked, ceases to be in force on the date referred to in paragraph (4) (b).

(8)

A TUMRA has no force or effect unless it is accredited by the Authority.

6O Variation of condition of accredited TUMRA by Authority

(1)

The Authority may at any time vary a condition of an accredited TUMRA, by written notice to the holders of the TUMRA, if the variation is appropriate to the attainment of the object of the Act.

(2)

For subregulation (1), service of the notice on the person whose name is specified in the TUMRA for the purposes of paragraph 6J (3) (c) is sufficient.

(3)

A variation under subregulation (1) comes into effect on the day specified in the notice (being a day at least 28 days after the giving of the notice).

(4)

The Authority may at any time vary a condition of an accredited TUMRA with the written consent of the holders.

(5)

A variation under subregulation (4) comes into effect on the day determined by the Authority and specified in writing to the holders (being a day not earlier than the date of the written notice).

(6)

Nothing in this regulation limits the Authority's power to impose or vary a condition in the circumstances mentioned in subregulation 55 (1) or (2) or 56 (1).

6P Termination of accredited TUMRA by holders

(1)

The holders of an accredited TUMRA may terminate the TUMRA at any time by written notice to the Authority.

(2)

The TUMRA ceases to have effect on the date of the notice, or any later date (not being a date later than the date referred to in paragraph 6M (4) (b)) specified in the notice.

6R Bait netting
For the definition of bait netting in the Zoning Plan:
(a) the following nets are declared:

(i)

a cast, scoop or seine net that complies with the relevant subsection or subsections of section 12 of Schedule 8 to the Fisheries Regulation;

(ii)

a cast net that complies with section 6 of Schedule 13 to that Regulation;

(iii)

a mesh or seine net that complies with section 7 of Schedule 13 to that Regulation;

(iv)

a seine net that complies with subsection 25 (1) of Schedule 13 to that Regulation; and

(b) the limitations on their use are follows:

(i)

in the case of a net referred to in subparagraph (a) (i) — that the net is used in accordance with section 13 of Schedule 8 to the Fisheries Regulation;

(ii)

in the case of a net referred to in subparagraph (a) (ii) or (iii) — that the net is used in accordance with sections 4, 6 and 7 of Schedule 13 to that Regulation;

(iii)

in the case of a net referred to in subparagraph (a) (iv) — that the net is used in accordance with subsections 22 (4) and 25 (2) of Schedule 13 to that Regulation.

6U Defence activities  — definition for Zoning Plan
In the Zoning Plan:
"defence activities" means activities for defence purposes:

(a)

conducted by the Defence Force; or

(b)

conducted by an arm of the defence forces of another country that is in Australia with the approval of the Government of Australia; or

(c)

conducted or authorised by the Department of Defence.

6X Fishing or collecting
(1) In this regulation:
"possess" something means:

(a)

to have custody or control of it; or

(b)

to have an ability or right to obtain custody or control of it.

(2) For the definition of fishing or collecting in the Zoning Plan:
(a) the following limitations are prescribed:

(i)

an animal or plant of a protected species is not to be taken or possessed;

(ii)

a specimen of an animal of a species referred to in Part 1 of Table 6X is not to be taken or possessed;

(iii)

not more than 5 specimens of an animal of a species referred to in Part 2 of that table are to be taken or possessed;

(iv) if an animal or plant of a species authorised to be taken under Queensland fisheries legislation is taken:

(A) no more than the number of specimens authorised by that legislation to be taken or possessed are to be taken or possessed; and
(B) the taking or possession is to be in accordance with that legislation; and

(b) the following additional limitations are prescribed:

(i)

no more than 1 dory is to be detached from its primary commercial fishing vessel in the Conservation Park Zone or the Buffer Zone;

(ii) subject to the exceptions in subregulation (3), a dory is not to be detached from its primary commercial fishing vessel in the Marine National Park Zone.

Note for subparagraph (2) (a) (i)
For what species are protected species, see regulation 8U.

(3) For paragraph (2) (b) (ii), the exceptions are the following:

(a)

that the relevant dory was engaged in the rescue or attempted rescue of an endangered person;

(b)

that the relevant dory was providing assistance to an endangered aircraft, vessel or structure to prevent or mitigate damage to the environment or to the aircraft, vessel or structure;

(c)

that the relevant dory was conveying a person on a direct journey from land to its primary commercial fishing vessel (the primary vessel ), or from the primary vessel to land, and throughout the journey the primary vessel remained within 1 nautical mile of both the dory and the land (not including any coral reefs);

(d)

that at the relevant time the relevant dory was in the area described in Part 6 of Schedule 1 to the Zoning Plan as MNP-13-1015 (Night Island), and stayed within 500 metres of a fishing industry service vessel for which a relevant permission is in force.

(4)

For a prosecution under the Act, each circumstance set out in subregulation (3) is to be a defence.

Table 6X Restricted species for fishing or collecting

7C Harvest fisheries
For the definition of harvest fishery in the Zoning Plan, the following fisheries (being fisheries described in Schedule 15 to the Fisheries Regulation) are declared:

(a)

the Aquarium Fish Fishery;

(b)

the Bêche-de-Mer Fishery (East Coast);

(c)

the Coral Fishery;

(d)

the Crayfish and Rock Lobster Fishery;

(e)

the Pearl Fishery;

(f)

the Shell Fishery;

(g)

the Trochus Fishery (East Coast);

(h)

the Worm Fishery (Beachworm);

(i)

the Worm Fishery (Bloodworm);

(j)

the Yabby Fishery.

7G Hook  — definition for Zoning Plan
(1) In the Zoning Plan:

"hook" means, in addition to its ordinary meaning, any of the things mentioned in subregulation (2).

(2) Those things are the following:

(a)

a single-shanked double or treble hook;

(b)

a lure (that is, an artificial bait with no more than 3 hooks attached to it);

(c)

an artificial fly;

(d)

a jig for taking squid;

(e)

a ganged hook set, consisting of no more than 6 hooks, each of which is in contact with at least 1 of the other hooks in the set;

(f)

a bait jig (that is, a hook or a group of hooks consisting of no more than 6 hooks, each hook being of a size between number 1 and number 12 (both inclusive) or their equivalents).

7K Limited collecting

In the Zoning Plan, limited collecting means the collecting of an animal or plant of a species mentioned or referred to in Part 1 or 2 of Table 6X, subject to the condition or limitation that the collecting is done by hand, or with a hand-held implement that is not motorised nor pneumatically nor hydraulically operated.

7O Limited impact research (extractive)  — definition for Zoning Plan
(1) In this regulation:

"location" means a discrete, identified reef, or a continuous non-reef area of up to 10 square kilometres.

"research project" means a diligent and systematic inquiry or investigation into a subject, in order to discover facts or principles, that has its own objectives, sampling design and outcomes.

"site" means an area of 3 000 square metres within a location.

(2) In the zoning plan, limited impact research (extractive) means:
(a) research that involves:

(i)

the taking of an animal, plant or marine product by limited research sampling; or

(ii) the installation and operation of minor research aids:

(A) that do not pose a threat to safety or navigation; and
(B) that are installed and used in accordance with the limitations set out in subregulation (5); and

(b) research that is a component of:

(i)

an educational program; or

(ii) a research project;

conducted by an accredited educational or research institution; and

(c) if the research is conducted in the Scientific Research Zone, and the Authority has approved an environmental management plan in writing for the research station adjacent to the area — research that is conducted in accordance with that plan.

Note
Limited research sampling is defined in subregulation (3); minor research aids is defined in subregulation (4). For accredited educational or research institution , see the Zoning Plan and regulation 6E.

(3) In subregulation (2):
"limited" research sampling means sampling in accordance with the following limitations or conditions:
(a) taking is done:

(i)

by hand; or

(ii)

by the use of a hand-held implement that is not motorised nor pneumatically nor hydraulically operated; or

(iii)

by the use of a minor research aid;

(b)

explosives or chemicals are not used;

(c)

in the case of an animal species mentioned or referred to in Part 1 of Table 7O-1, no specimens are taken or collected;

(d) in the case of an animal species mentioned or referred to in Part 2 of that table:

(i)

no more than 20 specimens in total; and

(ii)

no more than 5 specimens per location;

are taken or collected per research project per calendar year;

(e) in the case of an animal species mentioned or referred to in Part 3 of that table:

(i)

no more than 50 specimens in total, and no more than 10 specimens per site, are taken or collected per research project per calendar year; and

(ii)

no specimen longer than 1 000 millimetres is taken;

(f) in the case of an animal species mentioned or referred to in Part 4 of that table:

(i)

no more than 50 specimens in total; and

(ii)

no more than 10 specimens per site;

are taken or collected per research project per calendar year;

(g) in the case of an animal species referred to in Part 5 of that table:

(i)

no more than 500 specimens in total; and

(ii)

no more than 100 specimens per location;

are taken or collected per research project per calendar year;

(h) in the case of an animal species other than a species mentioned or referred to in that table:

(i)

no more than 200 specimens in total; and

(ii)

no more than 50 specimens per location;

are taken or collected per research project per calendar year;

(i)

in the case of a plant species referred to in Table 7O-2, no more than the number of specimens permitted by Queensland fisheries legislation to be taken are taken or collected;

(j)

no more than 20 litres of wet sediment is taken or collected per research project per calendar year;

(k)

no more than 100 litres of seawater is taken or collected per research project per calendar year;

(l) the relevant laws of the Commonwealth and Queensland are complied with.

Note
Tables 7O-1 and 7O-2 are at the end of this regulation.

(4) In subregulation (2):
"minor research aids" means the following:

(a)

apparatus and equipment authorised under Queensland fisheries legislation for recreational use;

(b)

fish tags;

(c)

stakes less than 12 mm in diameter;

(d)

data loggers for attachment to marker buoys, bolts or dive weights;

(e)

non-fixed plankton nets;

(f)

water sampling devices that are not motorised nor pneumatically nor hydraulically operated;

(g)

sediment sampling devices that are not motorised nor pneumatically nor hydraulically operated;

(h)

sub-surface marker buoys less than 100 mm in diameter;

(i)

surface marker buoys less than 200 mm in diameter;

(j)

bolts or dive weights for attachment to data loggers.

(5) For sub-subparagraph (2) (a) (ii) (B), the following are the limitations on the installation and use of minor research aids:

(a)

no more than 10 stakes may be used per research project;

(b)

a stake must protrude less than 300 mm from the substrate;

(c)

no more than 20 sub-surface marker buoys may be used per research project per location;

(d) sub-surface marker buoys must be attached by lines to either:

(i)

concrete nails driven into dead coral substrate; or

(ii)

inverted-U-shaped metal rods less than 6 mm in diameter driven into sand;

(e)

no more than 10 surface marker buoys may be used per research project per location;

(f)

if surface marker buoys are used, a researcher associated with the research project must be present at all relevant times at the location;

(g) a surface marker buoy must be attached by lines to either:

(i)

concrete nails driven into dead coral substrate; or

(ii)

inverted-U-shaped metal rods less than 6 mm in diameter driven into sand.

Table 7O-1 Animal species limited by number for limited research sampling

Table 7O-2 Plant species limited by number for limited research sampling

7P Limited impact research (non-extractive)  — definition for Zoning Plan
(1) In this regulation:

"research project" means a diligent and systematic inquiry or investigation into a subject, in order to discover facts or principles, that has its own objectives, sampling design and outcomes.

(2) In the Zoning Plan, limited impact research (non-extractive) means:
(a) research that does not involve the taking of animals, plants or marine products, but includes:

(i)

visual surveys, other than of cetaceans; or

(ii)

research that does not involve an activity that would, if it were not part of a research activity, require permission; and

(iii)

social research that does not involve the conduct of archaeological excavations; and

(b) research that is a component of:

(i)

an educational program; or

(ii) a research project;

conducted by an accredited educational or research institution; and

(c) if the research is conducted in an area in the Scientific Research Zone, and the Authority has approved an environmental management plan in writing for the research station adjacent to the area — research that is conducted in accordance with that plan.

Note
For accredited educational or research institution , see the Zoning Plan and regulation 6E.

7R Limited spearfishing
For the purposes of the definition of limited spearfishing in the Zoning Plan, the following limitations are prescribed:

(a)

a person must not have a loaded speargun in his or her possession out of the water;

(b)

a person must not engage in spearfishing in any part of the Marine Park to which Part 5 of Schedule 3 to the Fisheries Regulation applies.

7S Limited trapping
(1) For the purposes of the definition of limited trapping in the Zoning Plan, the following conditions or limitations are prescribed:
(a) that:

(i)

Part 1 of Schedule 8, or Schedule 11, to the Fisheries Regulation, or

(ii)

Part 5 or 6 of the Spanner Crab Plan;

is complied with, but that no more than 4 crab pots, dillies or inverted dillies (alone or in combination) are used;

(b)

that crabbing is the only kind of trapping permitted.

(2) In paragraph (1) (a):

crab pots , dillies and inverted dillies have the same respective meanings as in the Fisheries Regulation.

7W Managed vessel or aircraft
For the definition of managed vessel or aircraft in the Zoning Plan, vessels of the following kinds are declared:

(a)

hovercraft;

(b)

wing-in-ground-effect craft;

(c)

hydrofoils.

8A Mission Beach Leader Prawn Broodstock Capture Area
For the definition of Mission Beach Leader Prawn Broodstock Capture Area in the Zoning Plan, the following area is declared, that is, the area of the Marine Park bounded by a notional line beginning at the intersection of the coastline of the mainland at low water with the parallel 17° 39.1' S near Double Point and running progressively:

(a)

east along the parallel to 17° 39.1' S, 146° 11.8' E;

(b)

southerly along the geodesic to 17° 52.81' S, 146° 9.62' E;

(c)

south-easterly along the geodesic to 18° 3.92' S, 146° 13.39' E;

(d)

north-westerly along the geodesic to the easternmost intersection of the coastline of the mainland at low water with the parallel 18° 1.97' S near the southern bank of the mouth of the Tully River;

(e)

generally northerly along the coastline at low water to the point of commencement.

8E Motorised watersports  — definition for Zoning Plan
In the Zoning Plan:
"motorised watersports" means any of the following:
(a) irregular driving of a motorised vessel — that is, driving such a vessel otherwise than in a straight line, including:

(i)

driving in a circular pattern; or

(ii)

weaving or diverting; or

(iii)

surfing down, or jumping over or across, any wave, swell or wash;

except for any necessary turn or diversion;

(b)

any activity in which a motorised vessel tows a person on top of the water or in the air, for example, waterskiing or parasailing;

(c) any activity in which:

(i)

a vessel is operated at a speed greater than 35 knots; or

(ii)

a personal watercraft (within the meaning given by the Transport Operations (Marine Safety) Regulation 1995 of Queensland) is used;

except transport by the most direct reasonable route (not including irregular driving) between 2 places.

8I Netting

For the purposes of the definition of netting in the Zoning Plan, in relation to netting (other than bait netting) the condition or limitation prescribed is that Schedule 13 (except Part 1, subsection 22 (4) and section 25) to the Fisheries Regulation is complied with.

8M Pelagic species
For the definition of pelagic species in the Zoning Plan:
(a) all species in each of the following families are declared:

(i)

Carangidae;

(ii)

Coryphaenidae;

(iii)

Sphyraenidae;

(iv)

Istiophoridae;

(v)

Scombridae; and

(b) all species in each of the following genera are declared:

(i)

Aphareus ;

(ii)

Aprion ; and

(c) the following species are declared:

(i)

Rachycentron canadum ;

(ii)

Xiphias gladius .

8Q Photography, filming or sound recording  — definition for Zoning Plan
In the Zoning Plan:
photography, filming or sound recording means the recording of images or sounds in a way that has or is likely to have negligible impact on the Marine Park and does not involve any of the following:

(a)

the use of a facility within 100 metres of a whale or within 50 metres of a dolphin;

(b)

a person being in the water within 30 metres of a whale or dolphin;

(c)

the use of an aircraft (other than a helicopter) at a height lower than 1 000 feet within a horizontal radius of 300 metres of a whale or dolphin;

(d)

the use of a helicopter within 1 000 metres of a whale or a dolphin.

8U Protected species
(1) For the definition of protected species in the Zoning Plan, the following species are declared:

(a)

each species that is a listed threatened species, a listed migratory species or a listed marine species (in each case within the meaning given by the Environment Protection and Biodiversity Conservation Act 1999 );

(b)

each species of marine mammal, bird or reptile that is prescribed as `endangered wildlife', `vulnerable wildlife' or `rare wildlife' under the Nature Conservation Act 1992 of Queensland;

(c)

each species mentioned or referred to in Table 8U.

(2)

An individual of a species of the genus Epinephelus (other than E. tukula or E. lanceolatus ) is taken to be of a protected species if the individual is more than 1 000 millimetres long.

Table 8U Protected species

9C Queensland fisheries legislation
For the definition of Queensland fisheries legislation in the Zoning Plan, the following laws of Queensland are prescribed:

(a)

the Fisheries Act 1994 ;

(b)

the Fisheries Regulation;

(c)

the Fisheries (Coral Reef Fin Fish) Management Plan 2003 ;

(d)

the Fisheries (East Coast Trawl) Management Plan 1999 ;

(e)

the Spanner Crab Plan.

9G Ship  — definition for Zoning Plan
In the Zoning Plan:
"ship" means a vessel that is:

(a)

50 metres or more in overall length; or

(b)

an oil tanker (within the meaning given by the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973), regardless of its length; or

(c)

a chemical carrier or liquefied gas carrier, regardless of its length; or

(d)

a ship to which the INF Code applies, regardless of its length; or

(e)

a vessel that is adapted to carry oil or chemicals in bulk in cargo spaces; or

(f)

a vessel engaged in towing or pushing another vessel or vessels if any of paragraphs (a) to (e) applies to the towed or pushed vessel, or the total length of the tow, from the stern of the towing vessel to the after end of the tow, is greater than 150 metres;

but does not include:

(g)

a vessel of the Defence Force; or

(h)

a vessel of the armed service of another country, if the vessel is in Australian waters with the consent of Australia; or

(i)

a super-yacht (that is, a vessel more than 50 metres in overall length used for private recreational activities).

Note for paragraph (d) of the definition of ship
The INF Code is the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High-level Radioactive Wastes on Board Ships. The Code has effect under Chapter VII of the International Convention for the Safety of Life at Sea, 1974. (See Department of Foreign Affairs and Trade, Select Documents on International Affairs , No. 47 (1999)).

9K Stowed or secured
For the definition of stowed or secured in the Zoning Plan, the following requirements are prescribed for trawl fishing apparatus:

(a)

all nets are out of the water or the fore ends of the nets are drawn up to the booms;

(b)

all otter boards are drawn up to the trawl blocks on the booms or are inboard the vessel;

(c)

all lazy lines are through the blocks;

(d)

the cod ends are open.

9O Traditional owner and traditional owner group — definitions for Zoning Plan
In the Zoning Plan:
"traditional owner" means a person of Aboriginal or Torres Strait Islander descent who:
(a) is recognised in the indigenous community or by a relevant representative Aboriginal/Torres Strait Islander body:

(i)

as having spiritual or cultural affiliations with a site or area in the Marine Park; or

(ii)

as holding native title in relation to that site or area; and

(b)

is entitled to undertake activities under Aboriginal or Torres Strait Islander custom or tradition in that site or area.

"traditional owner group", in relation to a site or area of the Marine Park, means the group of traditional owners who, in accordance with Aboriginal or Torres Strait Islander custom, speak for the site or area.

9W Trapping
(1) For the purposes of the definition of trapping in the Zoning Plan, the conditions or limitations prescribed are the following:

(a)

that the only kind of trapping permitted is crabbing;

(b)

that only crab pots, collapsible traps, dillies or inverted dillies may be used;

(c) that apparatus must be used in accordance with the relevant provision of Queensland fisheries legislation, as follows:

(i)

in relation to recreational fishing (other than for spanner crabs) — Part 1 of Schedule 8 to the Fisheries Regulation;

(ii)

in relation to commercial crab fishing (other than for spanner crabs) in the area mentioned in section 2 of Schedule 11 to the Fisheries Regulation — that Schedule;

(iii)

in relation to commercial fishing for spanner crabs in managed areas A and B (within the meaning of the Spanner Crab Plan) — Parts 4 and 5, respectively, of that Plan;

(iv)

in relation to recreational fishing for spanner crabs — Part 6 of that Plan.

(2) In paragraph (1) (b):

crab pots , collapsible traps , dillies and inverted dillies have the same respective meanings as in the Fisheries Regulation.

10A Trawling

For the purposes of the definition of trawling in the Zoning Plan, the limitation prescribed is that the Fisheries (East Coast Trawl) Management Plan 1999 of Queensland is complied with.

10C Vessel or aircraft charter operation  — definition for Zoning Plan
In the Zoning Plan:
"vessel or aircraft charter operation" means an activity (whether consisting of a single act or a series of acts) that involves a vessel or aircraft:

(a)

that is available for charter or hire; and

(b)

that is used in the course of carrying on a business that is, or includes, the provision of accommodation, transport, or services for a purpose other than a tourist program or an educational program; and

(c)

that travels in or into the Marine Park; and

(d)

that is not merely transiting through the Marine Park by the most direct and reasonable route to a place outside the Marine Park.

10E General Use Zone — activities

For paragraph 2.2.4 (o) of the Zoning Plan, fishing or collecting (other than for the purposes of research or management of the Marine Park) involving line fishing using more than 6 hooks per line is declared.

10M Habitat Protection Zone — activities
For paragraph 2.3.4 (o) of the Zoning Plan, the following purposes are declared:

(a)

fishing or collecting (other than for the purposes of research or management of the Marine Park) involving line fishing using more than 6 hooks per line;

(b)

aquaculture operations that involve the addition of feed.

10Q Conservation Park Zone — activities
For paragraph 2.4.4 (n) of the Zoning Plan, the following activities are declared:

(a)

fishing or collecting (other than for the purposes of research or management of the Marine Park) involving line fishing using more than 6 hooks per line;

(b)

aquaculture operations that involve the addition of feed.

10U Buffer Zone — activities
For paragraph 2.5.4 (k) of the Zoning Plan, the following activities are declared:

(a)

fishing or collecting (other than for the purposes of research or management of the Marine Park) involving line fishing using more than 6 hooks per line;

(b)

aquaculture operations that involve the addition of feed.

10Y Scientific Research Zone — activities
For paragraph 2.6.4 (l) of the Zoning Plan, the following activities are declared:
(a) fishing or collecting (other than for the purposes of research or management of the Marine Park) involving line fishing using more than 6 hooks per line;

(b)

aquaculture operations that involve the addition of feed.

11C Marine National Park Zone — activities
For paragraph 2.7.4 (l) of the Zoning Plan, the following activities are declared:

(a)

fishing or collecting (other than for the purposes of research or management of the Marine Park) involving line fishing using more than 6 hooks per line;

(b)

aquaculture operations that involve the addition of feed.

11G Preservation Zone — activities
For paragraph 2.8.4 (b) of the Zoning Plan, the following activities are declared:

(a)

fishing or collecting (other than for the purposes of research or management of the Marine Park) involving line fishing using more than 6 hooks per line;

(b)

aquaculture operations that involve the addition of feed.

11H Remote Natural Area — purposes for which the area may not be used or entered
For paragraph 3.3 (b) of the Zoning Plan, the following purposes are declared:
(a) carrying out works (other than works relating to navigational aids) involving:

(i)

dumping spoil; or

(ii)

reclamation; or

(iii)

beach protection works; or

(iv)

harbour works;

(b)

constructing or operating a structure other than a vessel mooring or a navigational aid.

11J Special Management Areas — types
For section 4.2.1 of the Zoning Plan, there are the following additional types of Special Management Area:

(a)

Species Conservation (Dugong Protection) SMA;

(b)

Seasonal Closure (Offshore Ribbon Reefs) SMA;

(c)

No Dories Detached (Offshore Ribbon Reefs) SMA;

(d)

Restricted Access SMA;

(e)

Public Appreciation SMA;

(f)

No Dories Detached (Marine National Park Zone) SMA;

(g)

One Dory Detached (Conservation Park Zone) SMA;

(h)

One Dory Detached (Buffer Zone) SMA.

11K Species Conservation (Dugong Protection) SMAs — declaration

(1)

The areas described in Parts 1 and 2 of Table 11K are declared to be the Hinchinbrook Island Area Species Conservation (Dugong Protection) SMA.

(2)

The areas described in Parts 3 and 4 of that table are declared to be the Lucinda to Allingham — Halifax Bay Species Conservation (Dugong Protection) SMA.

(3)

The areas described in Parts 5 and 6 of that table are declared to be the Cleveland Bay — Magnetic Island Species Conservation (Dugong Protection) SMA.

(4)

The areas described in Parts 18, 19 and 20 of that table are declared to be the Port of Gladstone — Rodds Bay Species Conservation (Dugong Protection) SMA.

(5)

The area described in each other Part of that table is declared to be a Species Conservation (Dugong Protection) SMA having the name set out in the Part heading.

Table 11K Species Conservation (Dugong Protection) SMAs
Table 11K Part 1
Hinchinbrook Island Area Species Conservation (Dugong Protection) SMA — Part 1
The area bounded by a notional line commencing at the intersection of the mainland coastline at mean low water and the parallel 18º 12.809' S (at or about 18°12.809' S, 146° 00.778' E) then running progressively:

Table 11K Part 2
Hinchinbrook Island Area Species Conservation (Dugong Protection) SMA — Part 2
The area bounded by a notional line commencing at the intersection of the eastern tip of Hillock Point, Hinchinbrook Island at mean low water and the parallel 18° 25.176' S (at or about 18° 25.176' S, 146° 21.460' E) then running progressively:

Table 11K Part 3
Lucinda to Allingham — Halifax Bay Species Conservation (Dugong Protection) SMA — Part 1
The area bounded by a notional line commencing at the point 18° 31.216' S, 146° 23.189' E then running progressively:

Table 11K Part 4
Lucinda to Allingham — Halifax Bay Species Conservation (Dugong Protection) SMA — Part 2
The area bounded by a notional line commencing at the intersection of the Marine Park boundary and the parallel 18° 33.999' S (at or about 18° 33.999' S, 146° 23.473' E), then running progressively:

Table 11K Part 5
Cleveland Bay — Magnetic Island Species Conservation (Dugong Protection) SMA — Part 1
The area bounded by a notional line commencing at the intersection of the mainland coastline at mean low water and the parallel 19° 10.708' S (at or about 19° 10.708' S, 146° 39.060' E) then running progressively:

Table 11K Part 6
Cleveland Bay — Magnetic Island Species Conservation (Dugong Protection) SMA — Part 2
The area bounded by a notional line commencing at the intersection of the Marine Park boundary and the meridian 146° 58.286' E (at or about 19° 09.539' S, 146° 58.286' E) then running progressively:

Table 11K Part 7
Bowling Green Bay Species Conservation (Dugong Protection) SMA
The area bounded by a notional line commencing at the intersection of the northern tip of Cape Cleveland at mean low water and the meridian 147° 00.891' E (at or about 19° 10.920' S, 147° 00.891' E) then running progressively:

Table 11K Part 8
Upstart Bay Species Conservation (Dugong Protection) SMA
The area bounded by a notional line commencing at the intersection of the mainland coastline at mean low water near Beach Hill and the parallel 19° 43.525' S (at or about 19° 43.525' S, 147° 35.273' E) then running progressively:

Table 11K Part 9
Edgecumbe Bay — Bowen Species Conservation (Dugong Protection) SMA
The area bounded by a notional line commencing at the intersection of the mainland coastline at mean low water and the meridian 148° 11.230' E (at or about 19° 56.648' S, 148° 11.230' E) then running progressively:

Table 11K Part 10
Repulse Bay Species Conservation (Dugong Protection) SMA
The area bounded by a notional line commencing at the intersection of the southern tip of Rocky Point at mean low water and the meridian 148° 45.825' E (at or about 20° 28.740' S, 148° 45.825' E) then running progressively:

Table 11K Part 11
Stewart Peninsula — Newry Islands — Ball Bay Species Conservation (Dugong Protection) SMA
The area bounded by a notional line commencing at the intersection of the mainland coastline at mean low water and the parallel 20° 44.908' S (at or about 20° 44.908' S, 148° 46.663' E) then running progressively:

Table 11K Part 12
Ball Bay — Sand Bay Species Conservation (Dugong Protection) SMA
The area bounded by a notional line commencing at the intersection of the mainland coastline at mean low water at Ball Bay and the meridian 148° 59.813' E (at or about 20° 53.625' S, 148° 59.813' E) then running progressively:

Table 11K Part 13
Llewellyn Bay Species Conservation (Dugong Protection) SMA
The area bounded by a notional line commencing at the intersection of the mainland coastline at mean low water at Freshwater Point and the meridian 149° 19.840' E (at or about 21° 24.643' S, 149° 19.840' E) then running progressively:

Table 11K Part 14
Ince Bay (Cape Palmerston — Allom Point) Species Conservation (Dugong Protection) SMA
The area bounded by a notional line commencing at the intersection of the north-eastern tip of Allom Point at mean low water and the meridian 149° 20.630' E (at or about 21° 28.565' S, 149° 20.630' E) then running progressively:

Table 11K Part 15
Clairview Bluff — Carmilla Creek Species Conservation (Dugong Protection) SMA
The area bounded by a notional line commencing at the intersection of the mainland coastline at mean low water near Carmilla Creek and the parallel 21° 54.324' S (at or about 21° 54.324' S, 149° 27.864' E) then running progressively:

Table 11K Part 16
Shoalwater Bay Species Conservation (Dugong Protection) SMA
The area bounded by a notional line commencing at the intersection of MacDonald Point at mean low water and the parallel 22° 19.550' S (at or about 22° 19.550' S, 150° 11.575' E) then running progressively:

Table 11K Part 17
Port Clinton (Reef Point — Cape Clinton) Species Conservation (Dugong Protection) SMA
The area bounded by a notional line commencing at the intersection of Reef Point at mean low water and the meridian 150° 33.980' E (at or about 22° 18.950' S, 150° 33.980' E) then running progressively:

Table 11K Part 18
Port of Gladstone — Rodds Bay Species Conservation (Dugong Protection) SMA — Part 1
The area bounded by a notional line commencing at the intersection of the northern tip of North Point on Facing Island at mean low water and the meridian 151° 19.953' E (at or about 23° 45.219' S, 151° 19.953' E) then running progressively:

Table 11K Part 19
Port of Gladstone — Rodds Bay Species Conservation (Dugong Protection) SMA — Part 2
The area bounded by a notional line commencing at the intersection of the eastern tip of East Point on Facing Island at mean low water and the parallel 23° 51.875' S (at or about 23° 51.875' S, 151° 23.667' E) then running progressively:

Table 11K Part 20
Port of Gladstone — Rodds Bay Species Conservation (Dugong Protection) SMA — Part 3
The area bounded by a notional line commencing at the intersection of the Marine Park boundary and longitude 151° 30.695' E (at or about 23° 55.522' S, 151° 30.695' E) then running progressively:

11KA Species Conservation (Dugong Protection) SMAs — special management provisions

The special management provision that applies to a Species Conservation (Dugong Protection) SMA is that netting (other than bait netting) in the area must be carried on in accordance with the provisions of Schedule 2 to the Fisheries Regulation mentioned for the area in the following table:

Note
Under the Zoning Plan, only the General Use Zone and the Habitat Protection Zone may be used or entered without permission for the purpose of netting (other than bait netting).

11L Seasonal Closure (Offshore Ribbon Reefs) SMAs — declaration

(1)

The area described in each of Parts 1 to 3 of Table 11L is declared to be a Seasonal Closure (Offshore Ribbon Reefs) SMA having the name set out in the Part heading.

(2)

Each location mentioned in Part 4 of Table 11L is declared to be a Seasonal Closure (Offshore Ribbon Reefs) SMA having as its name the name of the Location followed by the words `Seasonal Closure (Offshore Ribbon Reefs) SMA'.

Table 11L Seasonal Closure (Offshore Ribbon Reefs) SMAs
Table 11L Part 1
Day Reef (14-089) Seasonal Closure (Offshore Ribbon Reefs) SMA
The area bounded by a notional line commencing at 14° 26.393' S, 145° 32.329'  E then running progressively:

Table 11L Part 2
Ribbon No. 10 Reef (14-146) Seasonal Closure (Offshore Ribbon Reefs) SMA
The area bounded by a notional line commencing at 14° 39.402' S, 145° 39.529' E then running progressively:

Table 11L Part 3
Ribbon No. 7 Reef (15-026), Ribbon No. 6 Reef (15-032), Unnamed Reef (15-034) Seasonal Closure (Offshore Ribbon Reefs) SMA
The area bounded by a notional line commencing at 15° 19.836' S, 145° 47.063' E, then running progressively:

Table 11L Part 4
Areas described by reference to the Zoning Plan
The areas described in Part 4 of Schedule 1 to the Zoning Plan as follows:

11LA Seasonal Closure (Offshore Ribbon Reefs) SMAs — special management provisions

(1)

A Seasonal Closure (Offshore Ribbon Reefs) SMA must not be used or entered for the purposes of fishing involving the taking of a pelagic species by trolling during the months of January to August (inclusive) in a year.

(2)

A tender commercial fishing vessel must be physically attached to its primary commercial fishing vessel at all times during the months referred to in subregulation (1).

11M No Dories Detached (Offshore Ribbon Reefs) SMAs — declaration

The area described in each Part of Table 11M is declared to be a No Dories Detached (Offshore Ribbon Reefs) SMA having the name set out in the Part heading.

Table 11M No Dories Detached (Offshore Ribbon Reefs) SMAs
Table 11M Part 1
Yonge Reef (14-138) and No Name Reef (14-139) No Dories Detached (Offshore Ribbon Reefs) SMA
The area bounded by a notional line commencing at 14° 33.073' S, 145° 38.224' E then running progressively:

Table 11M Part 2
No. 10 Patches (No. 3) (14-153a) and No. 10 Patches (No. 4) (14-153b) No Dories Detached (Offshore Ribbon Reefs) SMA
The area bounded by a notional line commencing at 14° 57.135' S, 145° 43.767' E then running progressively:

11MA No Dories Detached (Offshore Ribbon Reefs) SMAs — special management provision

A tender commercial fishing vessel must be physically attached to its primary commercial fishing vessel at all times.

11N Restricted Access SMAs — declaration

(1)

The area described in each of Parts 1 to 3 of Table 11N is declared to be a Restricted Access SMA having the name set out in the Part heading.

(2)

Each location mentioned in Part 4 of Table 11N is declared to be a Restricted Access SMA having as its name the name of the Location followed by the words `Restricted Access SMA'.

Table 11N Restricted Access SMAs
Table 11N Part 1
MacLennan Cay Reef (11-070) Restricted Access SMA
The area bounded by a notional line commencing at 11° 18.644' S, 143° 47.472' E then running progressively:

Table 11N Part 2
Moulter Cay Reef (11-130) Restricted Access SMA
The area bounded by a notional line commencing at 11° 23.800' S, 144° 01.157' E then running progressively:

Table 11N Part 3
Raine Island Reef (11-243) Restricted Access SMA
The area bounded by a notional line commencing at 11° 34.879' S, 144° 02.080' E then running progressively:

Table 11N Part 4
Areas described by reference to the Zoning Plan
The areas described in Part 5 of Schedule 1 to the Zoning Plan as follows:

11NA Restricted Access SMAs — special management provision

Subject to Part 5 (Additional purposes for use or entry) of the Zoning Plan and regulations 11NB to 11ND, and despite Part 2 of the Zoning Plan, a Restricted Access SMA must not be used or entered without the written permission of the Authority.

11NB Raine Island Reef, Moulter Cay Reef and MacLennan Cay Reef Restricted Access SMAs — exceptions to special management provision
The Raine Island Reef Restricted Access SMA, the Moulter Cay Reef (11-030) Restricted Access SMA, or the MacLennan Cay Reef (11-070) Restricted Access SMA may be entered to navigate a vessel (except a ship or managed vessel, or an aircraft) for access to areas that form part of Queensland:

(a)

if any equipment normally used for fishing or collecting is stowed or secured; and

(b)

access is in accordance with all relevant laws of Queensland.

11NC Australian Institute of Marine Science Restricted Access SMA — exceptions to special management provision
The Australian Institute of Marine Science, or a person acting with its approval, may enter the Australian Institute of Marine Science Restricted Access SMA for the purpose of an activity associated with the operation of the research station, being an activity:

(a)

for which permission would not, but for regulation 11NA, be required under Part 2 of the Zoning Plan; or

(b)

for which the Institute already holds the written permission of the Authority.

11ND One Tree Island Reef Restricted Access SMA — exceptions to special management provision
The University of Sydney, or a person acting with its written approval, may enter the One Tree Island Reef (23-055) Restricted Access SMA for the purpose of an activity associated with the operation of the research station, being an activity:

(a)

for which permission would not, but for regulation 11NA, be required under Part 2 of the Zoning Plan; or

(b)

for which the University already holds the written permission of the Authority.

11O Public Appreciation SMAs — declaration

(1)

The area described in each of Parts 1 to 8 of Table 11O is declared to be a Public Appreciation SMA having the name set out in the Part heading.

(2)

Each location mentioned in Part 9 of Table 11O is declared to be a Public Appreciation SMA having as its name the name of the Location followed by the words `Public Appreciation SMA'.

Table 11O Public Appreciation SMAs
Table 11O Part 1
Fitzroy Island Reef (CP-16-4039) Public Appreciation SMA
The area bounded by a notional line commencing at 16° 54.601' S, 145° 59.760' E then running progressively:

Table 11O Part 2
Dunk Island Reef (CP-17-4045) Public Appreciation SMA
The area bounded by a notional line commencing at 17° 55.323' S, 146° 08.697' E then running progressively:

Table 11O Part 3
Bedarra Island Reef (CP-17-4045) Public Appreciation SMA
The area bounded by a notional line commencing at 17° 59.567' S, 146° 08.798' E then running progressively:

Table 11O Part 4
Whitsundays Public Appreciation SMA
The area bounded by a notional line commencing at 20° 02.086' S, 148° 52.803' E then running progressively:

Table 11O Part 5
Brampton Island — West (CP-20-4091) Public Appreciation SMA
The area bounded by a notional line commencing at 20° 47.388' S, 149° 15.681' E then running progressively:

Table 11O Part 6
Brampton Island — East (CP-20-4091) Public Appreciation SMA
The area bounded by a notional line commencing at the intersection of the island coastline at mean low water and the meridian 149° 18.007' E (at or about 20° 48.284' S, 149° 18.007' E) then running progressively:

Table 11O Part 7
Heron Reef (CP-23-4104) Public Appreciation SMA
The area bounded by a notional line commencing at 23° 25.062' S, 151° 57.184' E then running progressively:

Table 11O Part 8
Wistari Reef (CP-23-4106) Public Appreciation SMA
The area bounded by a notional line commencing at 23° 25.800' S, 151° 53.100' E then running progressively:

Table 11O Part 9
Areas described by reference to the Zoning Plan
The areas described in Part 3 of Schedule 1 to the Zoning Plan as follows:

11OA Public Appreciation SMAs (other than Whitsundays Public Appreciation SMA) — special management provisions
(1) Subject to Part 5 (Additional purposes for use or entry) of the Zoning Plan, a Public Appreciation SMA (other than the Whitsundays Public Appreciation SMA) must not be used or entered for any of the following purposes:

(a)

limited spearfishing;

(b)

the conduct of a harvest fishery;

(c)

subject to subregulation (2), aquaculture operations.

(2)

Paragraph (1) (c) does not apply to the Fitzroy Island Reef (CP-16-4039) Public Appreciation SMA.

11OB Whitsundays Public Appreciation SMA — special management provisions
Subject to Part 5 (Additional purposes for use or entry) of the Zoning Plan, a part of the Whitsundays Public Appreciation SMA that is in the Conservation Park Zone must not be used or entered for any of the following purposes:

(a)

limited spearfishing;

(b)

the conduct of a harvest fishery;

(c)

aquaculture operations.

11P No Dories Detached (Marine National Park Zone) SMAs — declaration

Each location mentioned or referred to in Part 6 (Marine National Park Zone) of Schedule 1 to the Zoning Plan is declared to be a No Dories Detached (Marine National Park Zone) SMA having as its name the name of the Location followed by the words `No Dories Detached (Marine National Park Zone) SMA'.

11PA No Dories Detached (Marine National Park Zone) SMAs — special management provisions

(1)

Subject to the exceptions in subregulation (2), a dory must be physically attached to its primary commercial fishing vessel at all times.

(2) The exceptions are the following:

(a)

that the relevant dory was engaged in the rescue or attempted rescue of an endangered person;

(b)

that the relevant dory was providing assistance to an endangered aircraft, vessel or structure to prevent or mitigate damage to the environment or to the aircraft, vessel or structure;

(c)

that the relevant dory was conveying a person on a direct journey from land to its primary commercial fishing vessel (the primary vessel ), or from the primary vessel to land, and throughout the journey the primary vessel remained within 1 nautical mile of both the dory and the land (not including any coral reefs);

(d)

that at the relevant time the relevant dory was in the area described in Part 6 of Schedule 1 to the Zoning Plan as MNP-13-1015 (Night Island) and stayed within 500 metres of a fishing industry service vessel for which a relevant permission is in force.

11Q One Dory Detached (Conservation Park Zone) SMAs — declaration

Each location mentioned or referred to in Part 3 (Conservation Park Zone) of Schedule 1 to the Zoning Plan is declared to be a One Dory Detached (Conservation Park Zone) SMA having as its name the name of the Location followed by the words `One Dory Detached (Conservation Park Zone) SMA'.

11QA One Dory Detached (Conservation Park Zone) SMAs — special management provision

No more than 1 dory is to be detached from its primary commercial fishing vessel at any time.

11R One Dory Detached (Buffer Zone) SMAs — declaration

Each location mentioned or referred to in Part 4 (Buffer Zone) of Schedule 1 to the Zoning Plan (except for the areas described in Parts 1 and 2 of Table 11M — that is, areas that are No Dories Detached (Offshore Ribbon Reefs) SMAs) is declared to be a One Dory Detached (Buffer Zone) SMA having as its name the name of the Location followed by the words `One Dory Detached (Buffer Zone) SMA'.

11RA One Dory Detached (Buffer Zone) SMA — special management provisions

(1)

Subject to subregulation (2), no more than 1 dory is to be detached from its primary commercial fishing vessel at any time.

(2)

Subregulation (1) applies to the areas described in Parts 1 to 4 of Table 11L (Seasonal Closure (Offshore Ribbon Reefs) SMA) only during September, October, November and December in a year.

11S Princess Charlotte Bay SMA — special management provisions
(1) In this regulation:

"primary commercial fishing boat licence" means a primary commercial fishing boat licence issued under the law of Queensland.

specified area means the area enclosed by the meridians 143° 30.00' E and 144° 30.00' E and the parallels 14° 00.00' S and 14° 30.00' S.

Note
The area defined is known as the Queensland fisheries logbook areas D11 and E11.

(2) For section 4.2.4 of the Zoning Plan, the Authority may grant a permission to a person to use or enter the Princess Charlotte Bay Special Management Area for netting (other than bait netting) only if:

(a)

the person is the holder of a primary commercial fishing boat licence that authorises netting to be carried out in the specified area; and

(b) in accordance with the licence, netting was carried out in the specified area:

(i)

at any time between 1 January 1996 and 31 December 1999 (inclusive); and

(ii)

at any time in 3 or more calendar years between 1 January 1988 and 31 December 1999 (inclusive); and

(c)

in accordance with the licence, at least 5 tonnes of catch were taken while netting was being carried out in the specified area in the period mentioned in subparagraph (b) (ii).

(3)

An application for permission to use or enter the Princess Charlotte Bay Special Management Area for netting (other than bait netting) must, in addition to containing the information required by subregulation 14E (2), be accompanied by adequate evidence showing that the applicant satisfies the criteria in subregulation (2).

(4) For the purposes of subregulation (3), an application is accompanied by adequate evidence if the application is accompanied by:

(a)

a certificate, or a certified copy of a certificate, issued under section 74 of the Fisheries Act 1994 of Queensland, showing that the applicant is the holder of a primary commercial fishing boat licence of the kind mentioned in paragraph (2) (a); and

(b)

a copy of each of the documents specified in subregulation (5), certified to be a true copy by or on behalf of the chief executive (within the meaning of the Fisheries Act 1994 of Queensland), showing that the applicant had complied with the conditions set out in paragraphs (2) (b) and (c).

(5) For paragraph (4) (b), the following documents are specified:

(a)

each relevant return, or part of a return, given to the former Queensland Fisheries Management Authority or the State of Queensland through the Queensland Fisheries Service under regulation 109 of the Fisheries Regulation;

(b)

if applicable, each relevant return, or part of a return, given to the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 of Queensland.

12I Emergency Special Management Areas
(1) For subsection 4.2.1 (2) of the Zoning Plan, the circumstances in which the Authority may designate an Emergency Special Management Area are that the designation is required for 1 or more of the following purposes:

(a)

conservation of 1 or more species;

(b)

conservation of natural resources;

(c)

protection of cultural or heritage values;

(d)

public safety;

(e)

emergency situations requiring immediate management action.

(2)

The designation may be of a part or parts of a zone, or of more than 1 zone.

(3) The designation:

(a)

must specify the area to be designated; and

(b)

must state the special management provisions that will apply to the area; and

(c)

must state the period during which those provisions will apply to the area.

(4) The Authority must publish a notice of the designation:

(a)

in the Gazette ; and

(b) in 1 or more of the following ways:

(i)

in a newspaper that circulates generally in Queensland;

(ii)

in a local newspaper that circulates in the part of Queensland adjacent to the part of the Marine Park that is designated;

(iii)

on the Authority's website.

(5)

A notice referred to in paragraph (4) (b) must also state that it is an offence to fail to comply with the special management provisions that apply to the area.

(6)

The designation takes effect from the date it is published in the Gazette , or a later date specified in it.

(7)

The designation ceases to have effect 120 days after it commences unless extended in accordance with subregulation 12M (2).

12M Extension and revocation of designation

(1)

The Authority may at any time, by notice published in the Gazette , revoke a designation under regulation 12I.

(2)

Before the designation expires, the Authority may, by notice in the Gazette , extend the designation for a further period mentioned in the notice, being a period of not more than 60 days.

12N Entry to zones for purpose of taking certain protected species
For paragraph 5.3 (c) of the Zoning Plan:

(a)

the following purpose is prescribed, that is, the taking of an animal of the species Solegnathus hardwickii or S. dunckeri ; and

(b)

the following limitation is prescribed, that is, that the taking must be in accordance with the Fisheries (East Coast Trawl) Management Plan 1999 of Queensland.

Note
The 2 species mentioned are pipefish, of the family Syngnathidae. All species of that family are otherwise protected — see regulation 8U.

12P Transitional provisions in relation to permissions etc
(1) In this regulation:
"permission" means:

(a)

a relevant permission; or

(b)

an authorisation referred to in Division 2 of Part 4 of these Regulations (as in force immediately before the commencement of this regulation); or

(c)

a permission granted under regulation 37 or 45.

(2)

A permission granted before the Zoning Plan came into operation continues to have the same force and effect (including authorising the relevant activity to be carried on in a particular area) as it had immediately before the Zoning Plan came into operation, except to any extent to which the authorised use or entry is contrary to the Zoning Plan.

(3)

Such a permission continues to have effect (unless sooner surrendered or revoked) until the day on which it would have ceased to have effect if the Zoning Plan had not come into operation.

(4)

A reference in a permission to a section of the Marine Park (as in effect under a Proclamation revoked by the Great Barrier Reef (Declaration of Amalgamated Marine Park Area) Proclamation 2004 ) has effect as a reference to the area covered by that section.

(5) A reference in a permission to a zone (as in effect under a zoning plan revoked by the Zoning Plan) mentioned in column 2 of an item of the following table is taken to be a reference to the zone mentioned in column 3 of the item:

12Q Permission requirements to be observed

(1)

A permission granted under regulation 14H or 45, or a TUMRA accredited under regulation 6M, is declared to be a permission to which section 38B of the Act applies.

(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 the Zoning Plan during the first 120 days after the day on which the Plan comes into operation:

(i)

the person engaged in conduct of the same kind, in that area, before the Plan came into operation; and

(ii)

permission was not required for that conduct in that area before the Plan came into operation; and

(iii)

that conduct does not involve fishing or collecting in that area that would otherwise require permission after the Plan comes into operation;

(b) in respect of conduct engaged in by a person in an area covered by the Zoning Plan during the first 120 days after the day on which an amendment of the 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; and

(iii)

that conduct does not involve fishing or collecting in that area that would otherwise require permission after the amendment comes into operation;

(c) in respect of conduct engaged in by a person in an area covered by the 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 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.

(3)

A permission granted under regulation 14H is declared to be a permission to which paragraphs 38CB (1) (c), 38MA (1) (d) and 38MA (3) (c) of the Act apply.

12U Contravening directions

(1)

If a person notifies the Authority in accordance with section 38D of the Act that the person proposes to use or enter the zone, the Authority may give to the person a direction in respect of the person's use of, or entry to, the zone.

(2)

The direction may be any direction that is reasonably necessary for the protection or preservation of the Marine Park or property or things in the Marine Park, but must not require the person to remove a structure, landing area, farming facility, vessel, aircraft or other thing that is in the Marine Park.

(3)

A direction given under subregulation (1) is declared to be a direction to which section 38E of the Act applies.

12Y Commercial activities on Low Island
A person must not carry on a business on Low Island except a business that involves:

(a)

selling materials or services of an educational nature that relate to the Marine Park; or

(b)

providing guided tours of the island.

Penalty:
50 penalty units.

Division 3.3 Relevant permissions
14E Application for relevant permission

(1)

An application to the Authority for a relevant permission must be in writing unless the Authority agrees otherwise.

(2) An application to the Authority for a relevant permission must contain the following information:

(a)

the name and address of the person making the application;

(b)

the name of the zone, and (if a designated area is proposed to be used or entered) the name of the designated area, that is to be used or entered;

(c)

the purposes for which the zone or designated area is to be used or entered;

(d)

any prudent and feasible alternatives to the proposed use or entry;

(e)

the proposed movements within the zone or designated area of any person proposing to use or enter the zone or designated area;

(f)

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;

(g)

the period in respect of which the relevant permission is sought;

(h)

the means of transport to be used for entry into, travel within, and departure from, the zone or designated area;

(i)

the maximum number of persons (if any) to whom the applicant intends to give an authority;

(j)

any other information that the Authority may reasonably require and has asked the applicant to provide.

(3)

However, an application is not invalid only because it does not include all of the information required by subregulation (2).

(4) An application for a relevant permission for the purposes of 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 how 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 specimens of animals, plants or marine products to be taken for the purpose of the research; and

(iv)

the methods to be used in taking any such specimens;

(c)

the frequency and duration of visits to the zone or designated area for the purposes of the research.

(5) 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 owners 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, collected amount or penalty amount that is overdue for payment by the applicant as the holder of a chargeable permission (whether or not the permission is in force); and

(l)

any late payment penalty that is payable by the applicant as the holder of a chargeable permission (whether or not the permission is in force); and

(m)

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.

(6) In considering an application for permission to enter or use a zone or designated area for the purpose of the traditional use of marine resources involving the taking of animals, plants or marine product, the Authority must have regard, in addition to the matters specified in subregulation (5), to the following matters:

(a)

the need for conservation of protected 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 taking;

(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)

whether the applicant is a traditional owner.

Note for paragraph (6) (a)
For what species are protected species, see regulation 8U.

14F Advertising of application
(1) If, in considering an application for a relevant permission, the Authority considers that the granting of the permission may restrict the reasonable use by the public of a part of the Marine Park, the Authority may, by written notice to the applicant, require the applicant to publish, within the period specified in that notice, an advertisement:

(a)

setting out any information about the application that the Authority reasonably requires; and

(b)

inviting interested persons to make written comments to the Authority about the application within a period (of not less than 30 days) specified by the Authority; and

(c)

specifying an address to which such comments may be sent.

(2) The advertisement must be published in each of:

(a)

the Gazette ; and

(b)

a newspaper that circulates generally in Queensland; and

(c)

any local newspaper that circulates in an area of Queensland adjacent to a part of the Marine Park that is proposed to be used or entered.

(3)

The advertisements must be published again, in each of the 3 media referred to in subregulation (2), no less than 7 but no more than 14 days after the first publication.

(4)

When making a decision about an application about which the Authority has required such an advertisement to be published, the Authority must take into account any written comments received in response to the advertisement.

14G Further particulars in relation to an application

(1)

The Authority may, by written notice, ask an applicant for a relevant permission to give to the Authority, in writing, specified further particulars about the application, being particulars necessary for the proper consideration of the application.

(2)

If the further particulars are not given to the Authority within 21 days after the day the applicant receives the notice (or any longer period that the Authority allows before the expiration of that period), the application is taken to have lapsed.

14H Grant or refusal of relevant permission

(1)

If a person has applied for a relevant permission and has complied with any requirement or request by the Authority about the application, the Authority must, by notice in writing to the person, grant or refuse the permission.

(2) The Authority may grant the permission subject to a condition or conditions specified in the permission, being:

(a)

a condition allowing the giving of authorities and specifying the maximum number of persons to whom authorities may be given; and

(b)

a condition indemnifying the Authority against any costs to the Authority that the permission holder's activities incur; and

(c)

a condition appropriate to the attainment of the object of the Act (including a requirement that the person give the Authority a written undertaking in a form approved by the Authority).

(3) The Authority may impose a condition on the permission, or vary an existing condition, at any time:

(a)

in circumstances other than those to which subregulation 55 (1) or

(2)

or 56 (1) applies; and

(b)

if the permission holder consents in writing;

to ensure that the conditions of the permission remain appropriate to the attainment of the object of the Act.

(4)

A relevant permission remains in force for the period specified in the permission unless it is sooner surrendered or revoked.

14I Permissions to take leader prawn broodstock in Habitat Protection Zone in Mission Beach Leader Prawn Broodstock Capture Area
For subparagraph 2.3.4 (a) (iii) of the Zoning Plan, the following requirements are prescribed in relation to a relevant permission to take leader prawn broodstock in the Habitat Protection Zone in the Mission Beach Leader Prawn Broodstock Capture Area:
(a) such a relevant permission must not be granted unless the applicant:

(i)

demonstrates, by producing logbook records and receipts for broodstock from an aquaculture facility, that the applicant has taken leader prawn broodstock in the Area in at least 3 of the calendar years 1998, 1999, 2000, 2001 and 2002; and

(ii)

holds a current general fisheries licence (T1 endorsement) under the Fisheries Act 1994 of Queensland; and

(iii)

demonstrates compliance with the requirements of the Fisheries (East Coast Trawl) Management Plan 1999 of Queensland relating to turtle excluder devices and bycatch reduction devices; and

(iv)

demonstrates compliance with the requirements of that Plan relating to the maintenance and use of vessel monitoring systems; and

(v)

holds a purchase order for leader prawn broodstock from a licensed Australian aquaculture facility;

(b)

such a relevant permission must not be granted if doing so would result in there being more than 5 such relevant permissions in force at any one time.

[9] Part 4, heading

omit

[10] Part 4, Division 1

omit

[11] Part 4, Division 2

renumber as Division 3.4

[12] Part 4, Division 3

renumber as Division 3.5

[13] Part 4A

omit

[14] Division 5.2

omit

[15] Regulation 38

omit

[16] Regulations 40, 40A and 41

omit

[17] After paragraph 41A (2) (a)

insert

(aa)

the person has a hearing impairment and the animal is the person's guide dog or hearing dog; or

[18] Regulation 45B

omit

[19] After subregulation 49 (3)

insert

(4)

Subregulation (2) applies to an application for accreditation of a TUMRA as if references in that subregulation to a permission were references to the accreditation of the TUMRA.

[20] After subregulation 50 (3)

insert

(4)

Subregulations (1) and (2) apply to an accredited TUMRA as if references in those subregulations to a permission were references to the TUMRA.

[21] Subregulation 51 (1)

omit

subregulation 12 (2), 21 (2), 32F (2),

insert

regulation 14G, subregulation

[22] Subregulation 51 (3)

substitute

(3) In this regulation:
"prescribed permission" means:

(a)

a permission granted under subregulation 14H (1), 37 (1) or 45 (1); and

(b)

an accredited TUMRA.

[23] Paragraphs 52 (6) (a), (b) and (ba)

substitute

(a)

regulation 14H; or

[24] Before subregulation 55 (1)

insert

(1A) In this regulation:

"grant" includes approval of a transfer of a permission under regulation 52.

[25] Subregulation 55 (1)

omit

37G or

[26] Paragraph 55 (2) (a)

omit

37G or

[27] Subregulation 55 (9)

substitute

(9) Subject to subregulations (10), (11) and (12), subregulations (1), (2), (3), (4), (5) and (6) apply to an accredited TUMRA as if:

(a)

references in those subregulations to a permission were references to an accredited TUMRA; and

(b)

references to a condition of a permission included:

(i)

a condition of the accreditation of the TUMRA; and

(ii)

a condition of the TUMRA itself.

(10) In the application of subregulation (1) to a matter covered by an accredited TUMRA, paragraph (1) (a) is taken to be omitted and the following paragraph substituted:

`(a) a person authorised by or under the TUMRA to undertake a traditional use of marine resources has not complied with a condition of the TUMRA or a condition of its accreditation; and'.

(11)

In the application of subregulation (3) to a matter covered by an accredited TUMRA, a reference to a permission holder is taken to be a reference to the holders of the TUMRA.

(12)

For the application of subregulation (3) in relation to an accredited TUMRA, it is sufficient service if the written notice referred to in that subregulation is served on the person whose name and address is specified in the TUMRA for paragraph 6J (3) (c).

[28] Paragraph 56 (1) (a)

omit

37G or

[29] After subregulation 56 (7)

insert

(8) Subject to subregulations (9), (10) and (11), paragraph (1) (a) and subregulations (2), (3), (4) and (5) apply to an accredited TUMRA as if:

(a)

references in that paragraph or those subregulations to a permission were references to an accredited TUMRA; and

(b)

references to a condition of a permission included:

(i)

a condition of the accreditation of the TUMRA; and

(ii)

a condition of the TUMRA itself.

(9)

In the application of paragraph (1) (a) and subregulation (5) to a matter covered by an accredited TUMRA, a reference to a permission holder is taken to be a reference to a person authorised by or under the TUMRA to undertake a traditional use of marine resources.

(10)

In the application of subregulation (2) to a matter covered by an accredited TUMRA, a reference to a permission holder is taken to be a reference to the holders of the TUMRA.

(11)

For the application of subregulation (2) in relation to an accredited TUMRA, it is sufficient if the Authority notifies the person whose name and address is specified in the TUMRA for paragraph 6J (3) (c).

[30] Paragraph 58 (2) (a)

omit

37G or

[31] Paragraph 58 (3) (a)

omit

37G or

[32] After subregulation 58 (8)

insert

(9) Subject to subregulations (10), (11) and (12), subregulations (1), (2), (3) and (6) apply to an accredited TUMRA as if:

(a)

references in those subregulations to a permission were references to an accredited TUMRA; and

(b)

references to a condition of a permission included:

(i)

a condition of the accreditation of the TUMRA; and

(ii)

a condition of the TUMRA itself.

(10)

In the application of subregulations (1) and (2) to a matter covered by an accredited TUMRA, a reference to a permission holder is taken to be a reference to a person authorised by or under the TUMRA to undertake a traditional use of marine resources.

(11)

In the application of subregulation (6) to a matter covered by an accredited TUMRA, a reference to a permission holder is taken to be a reference to the holders of the TUMRA.

(12)

For the application of subregulation (6) in relation to an accredited TUMRA, it is sufficient if the written notification referred to in that subregulation is served on the person whose name and address is specified in the TUMRA for paragraph 6J (3) (c).

[33] Paragraph 59 (1) (c)

omit

37G or

[34] After subregulation 59 (3)

insert

(4) Subject to subregulation (5), subregulation (1) applies to an accredited TUMRA as if:

(a)

a reference in that subregulation to a permission were a reference to an accredited TUMRA; and

(b)

a reference to a condition of a permission included:

(i)

a condition of the accreditation of the TUMRA; and

(ii)

a condition of the TUMRA itself.

(5)

In the application of subregulation (1) to a matter covered by an accredited TUMRA, a reference to the holder of a permission is taken to be a reference to a person authorised by or under the TUMRA to undertake traditional use of marine resources.

[35] Paragraph 59A (4) (a)

substitute

(a) permission includes:

(i)

an approval, authorisation, authority, exemption, licence, permit or other permission (however described and whether in force or not) relating to the Marine Park; and

(ii)

an accredited TUMRA; and

[36] After subregulation 61 (2)

insert

(3)

The Authority must not grant accreditation of a TUMRA unless the Authority has made an assessment, or had an assessment made, of the impact that the relevant traditional use of marine resources is likely to have on the Marine Park and the Great Barrier Reef.

[37] Regulation 61A

substitute

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 subregulation (2);

(b)

Hydrographer's Passage (described in subregulation (3));

(c)

the Whitsundays compulsory pilotage area described in subregulation (4).

(2) The inner route is 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)

the parallel 16° 39.91' S.

(3) Hydrographer's Passage is the area bounded by a line that progressively joins, on geodesic lines, the following points:

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

(b)

west along the parallel 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).

[38] Regulations 67 and 68

substitute

67 Interpretation of this Part

(1)

In this Part (other than regulation 73A):

"permission" means a permission to which section 38B, 38F or 38J of the Act, or regulation 41A, applies, but does not include a permission that is required to carry on an activity in the Marine Park for any of the following purposes in accordance with the Zoning Plan:

(a)

the traditional use of marine resources;

(b)

the taking, in accordance with a program approved by the Authority, of animals or plants that pose a threat to human life or safety, to marine or island ecosystems which are part of the Marine Park or to the use and amenity of an area of the Park or of adjacent areas.

(2)

In this Part, a reference to an activity in the Marine Park includes entering or using the Park.

(3)

If, before a permission ceases to be in force, the permission holder applies for a permission to carry on, in the Marine Park, after the permission ceases to be in force, an activity that:

(a)

is the same as the permitted activity; and

(b)

is to be carried on in the same area as the permitted activity;

the application is taken, for the purposes of this Part, to be an application for continuation of a permission.

68 Fees for assessment in respect of application for permission
(1) Subject to regulation 69, there is payable to the Authority, for an assessment under regulation 61 in respect of an application for a permission to carry on an activity of a commercial nature in the Marine Park that is an activity listed in column 2 in Table 68, the fee specified:

(a)

if the application is for an initial permission — in column 3 of Table 68 for the activity; or

(b)

if the application is for continuation of a permission — in column 4 of that table for the activity.

(2)

If an activity is referred to in more than 1 item or sub-item in column 2 of Table 68, the fee payable is the higher or highest of the fees specified for the activity in column 3 or 4 of the table.

(3) In items 4 and 5 in Table 68:
"public environment report" means:

(a)

a public environment report in accordance with Division 5 of Part 8 of the Environment Protection and Biodiversity Conservation Act 1999 concerning the impact the relevant activity is likely to have on the Marine Park or the Great Barrier Reef; or

(b)

if the Authority is satisfied that a report referred to in paragraph (a) is not likely to be prepared, a document setting out the results of an assessment of the impact the activity is likely to have on the Marine Park or the Great Barrier Reef in connection with which the Authority is satisfied that it will be necessary for the Authority to undertake an investigation as extensive as would be necessary for the purposes of a report referred to in paragraph (a).

(4) In items 6 and 7 in Table 68:
"environmental impact statement" about an activity means:

(a)

an environmental impact statement in accordance with Division 6 of Part 8 of the Environment Protection and Biodiversity Conservation Act 1999 concerning the impact the relevant activity is likely to have on the Marine Park or the Great Barrier Reef; or

(b)

if the Authority is satisfied that a statement referred to in paragraph

(a)

is not likely to be prepared, a document setting out the results of an assessment of the impact the activity is likely to have on the Marine Park or the Great Barrier Reef in connection with which the Authority is satisfied that it will be necessary for the Authority to undertake an investigation as extensive as would be necessary for the purposes of a statement referred to in paragraph (a).

Table 68 Fees for assessments in respect of applications for permission

[39] Regulation 71

substitute

71 Notices of fees payable
(1) As soon as practicable after receiving an application from a person for permission, the Authority must give the person a notice in writing:

(a)

stating the fee payable for the application; and

(b)

stating the date on which the notice is given; and

(c) requiring the person to pay, within 21 days after that date:

(i)

if item 1, 2, 3, 5, 7 or 8 of Table 68 covers the relevant activity — the fee in full; or

(ii)

if item 4 or 6 of that table covers the activity — the sum of $10 000 in part payment of the fee.

(2) If an application for permission is withdrawn before the end of the 21 days referred to in paragraph (1) (c):

(a)

no fee is payable for the application; and

(b)

the amount of any fee paid for it is to be refunded.

(3) If:

(a)

a person has applied for permission to carry on an activity covered by item 4 or 6 of Table 68; and

(b)

the person has paid $10 000 in part payment of the fee for the application; and

(c)

the public environment report or environmental impact statement about the activity is made available for public comment in draft or final form;

the Authority must give the person a notice in writing:

(d)

stating the date on which the notice is given; and

(e)

requiring the person to pay, within 21 days after that date, the amount of the fee that has not been paid.

(4)

Except as set out in subregulation (2), an amount paid for an application is not to be refunded if the application is withdrawn, or otherwise ceases to have effect, after the amount is paid.

[40] Subregulation 73A (1)

omit

Part 2 of Schedule 7

insert

Table 73A

[41] After subregulation 73A (1)

insert

Table 73A Fees for other applications and requests

Note
The fee, mentioned in item 7, for a request to vary an application is additional to any fee payable under regulation 68 for an assessment in respect of the application.

[42] Subregulation 104 (2)

omit

12 (2), 21 (2), 32F (2)

insert

14G (2)

[43] Regulation 117A

substitute

117A Cruise ship anchorages
For the Plan, the cruise ship anchorages are the following:

(a)

the Hardy Reef Cruise Ship Anchorage  — that is, the point at or about 19° 44.45' S, 149° 08.40' E, approximately 1.10 nautical miles due west of the beacon depicted as No. 2 on Hydrographic Chart AUS254;

(b) the Cid Harbour Cruise Ship Anchorage  — that is, the area bounded by a notional line beginning at 20° 14.30' S, 148° 56.00' E and running progressively:

(i)

south-easterly along the geodesic to 20° 15.00' S, 148° 56.20' E;

(ii)

south along the meridian to 20° 15.70' S, 148° 56.20' E;

(iii)

west along the parallel to 20° 15.70' S, 148° 55.80' E;

(iv)

north-easterly along the geodesic to 20° 14.30' S, 148° 55.20' E;

(v)

east along the parallel to the point of commencement;

(c) the Turtle Bay Cruise Ship Anchorage  — that is, the area bounded by a notional line beginning at 20° 19.50' S, 149° 01.00' E and running progressively:

(i)

south along the meridian to 20° 20.00' S, 149° 01.00' E;

(ii)

west along the parallel to 20° 20.00' S, 148° 59.50' E;

(iii)

north along the meridian to 20° 19.50' S, 148° 59.50' E;

(iv)

east along the parallel to the point of commencement;

(d) the Funnel Bay Cruise Ship Anchorage  — that is, the area bounded by a notional line beginning at 20° 13.20' S, 148° 44.75' E and running progressively:

(i)

south along the meridian to 20° 14.60' S, 148° 44.75' E;

(ii)

west along the parallel to 20° 14.60' S, 148° 43.00' E;

(iii)

north along the meridian to 20° 13.20' S, 148° 43.00' E;

(iv)

east along the parallel to the point of commencement;

(e) the Port Molle Cruise Ship Anchorage  — that is, the area bounded by a notional line beginning at 20° 19.00' S, 148° 50.10' E and running progressively:

(i)

south-easterly along the geodesic to 20° 19.80' S, 148° 50.60' E;

(ii)

west along the parallel to 20° 19.80' S, 148° 50.00' E;

(iii)

north-westerly along the geodesic to 20° 19.00' S, 148° 49.50' E;

(iv)

east along the parallel to the point of commencement;

(f)

the South East Hamilton Cruise Ship Anchorage  — that is, the point at or about 20° 22.10' S, 148° 59.25' E;

(g) the South Hayman Cruise Ship Anchorage  — that is, the area bounded by a notional line beginning at 20° 04.20' S, 148° 53.40' E and running progressively:

(i)

south-westerly along the geodesic to 20° 04.70' S, 148° 53.20' E;

(ii)

north-westerly along the geodesic to 20° 04.28' S, 148° 52.27' E;

(iii)

north-easterly along the geodesic to 20° 03.90' S, 148° 52.51' E;

(iv)

south-easterly along the geodesic to the point of commencement;