(subregulation 3 (1))
[1] Regulation 3
omit
[2] Subregulation 4 (1)
substitute
(1) In these Regulations:
"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:
"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:
"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
[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
[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:
(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:
(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:
[8] Parts 2 and 3
substitute
Part 3 Amalgamated Great Barrier Reef Section
Division 3.1 Preliminary
6A Definitions for Part
In this Part:
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:
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:
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:
6J Traditional use of marine resources agreements development
(2) The application:
(3) A TUMRA must contain the following information:
(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.
6M Accreditation of TUMRAs
(2) In considering an application for accreditation of a TUMRA, the Authority must have regard to the following:
(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.
(4) If the Authority grants accreditation of the TUMRA, the Authority must also decide:
(5) If the Authority's decision is to grant accreditation of a TUMRA, the Authority must give the holders:
(b) a written statement of when the accredited TUMRA:
(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:
(7) An accredited TUMRA:
6O Variation of condition of accredited TUMRA by Authority
6P Termination of accredited TUMRA by holders
6R Bait
netting
For the definition of bait netting in the Zoning Plan:
(a) the following nets are declared:
(b) the limitations on their use are follows:
6U Defence activities definition for Zoning Plan
In the Zoning Plan:
"defence activities" means activities for defence
purposes:
6X Fishing or collecting
(1) In this regulation:
"possess" something means:
(2) For the definition of fishing or collecting in the Zoning Plan:
(a) the following limitations are prescribed:
(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:
(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:
Table 6X Restricted species for fishing or collecting
Item | Species | Common names |
---|---|---|
Part 1 No specimens to be taken or possessed at any time | ||
1 | Class Anthozoa (all species) | Corals (hard, soft and black), anemones, zooanthids, seafans, corallimorpharians |
Part 2 No more than 5 specimens to be taken or possessed at a time | ||
2 | Phylum Porifera (all species) | Sponges |
3 | Class Ascidiacea (all species) |
Sea squirts |
4 | Class Hydrozoa (all species) | Hydroids and fire corals |
5 | Phylum Echinodermata (all species except those of the order Holothuroidea) |
Sea stars, crinoids, brittle stars, sea urchins, but not sea cucumbers |
6 |
Genus Nautilus (all species) | Nautilus |
7 | Class Gastropoda (all species except Cassis cornuta and Charonia tritonis ) | Snails, whelks, slugs, limpets, cowries including trochus, bailer shell, volutes, murex shells, nudibranchs (except helmet shell and triton shell) |
8 | Genus Pinctada (all species) | Pearl oysters |
9 | Family Anomalopidae (all species) |
Flashlightfishes |
10 | Family Antennariidae (all species) | Anglerfishes and frogfishes |
11 | Family Aploactinidae (all species) | Velvetfishes |
12 |
Family Apogonidae (all species) | Cardinalfishes and siphonfishes |
13 |
Family Aulostomidae (all species) | Trumpetfishes |
14 | Family Balistidae (all species) | Triggerfishes |
15 | Family Batrachoididae (all species) |
Toadfishes |
16 | Family Blenniidae (all species) | Blennies |
17 | Family Callionymidae (all species) | Dragonets |
18 | Family Caracanthidae (all species) | Crouchers and orbicular velvetfishes |
19 | Family Centriscidae (all species) | Razorfishes and shrimpfishes |
20 | Family Chaetodontidae (all species) | Butterflyfishes |
21 | Family Cirrhitidae (all species) |
Hawkfishes |
22 | Family Clinidae (all species) | Scaled blennies, armoured blennies and weedfishes |
23 | Family Diodontidae (all species) |
Porcupinefishes |
24 | Family Ephippidae (all species) | Batfishes |
25 |
Family Fistulariidae (all species) | Flutemouths |
26 | Family Gobiidae (all species) | Gobies |
27 | Family Holocentridae (all species) | Squirrelfishes and soldierfishes |
28 | Family Labridae (all species except Choerodon anchorago , C. hoenleini, C. anodus, C. phalotes, C. nustus, Bodianus spp., Cheilinus undulatus, Ch. fasciatus and Ch. lobatus ) | Wrasses and tuskfishes (except anchor tuskfish, blackspot tuskfish, blue tuskfish, grass tuskfish (purple tuskfish), hogfish, humphead Maori wrasse, redbreasted Maori wrasse, tripletail Maori wrasse and Venus tuskfish) |
29 | Family Malacanthidae (all species) | Sand tilefishes |
30 |
Family Microdesmidae (all species) | Wormfishes and dartfishes |
31 | Family Monacanthidae (all species) | Leatherjackets |
32 | Family Monocentridae (all species) | Pineapplefishes |
33 | Family Muraenidae (all species) | Moray eels |
34 | Family Ophichthidae (all species) | Snake eels |
35 | Family Congridae (all species) | Conger eels |
36 | Family Ostraciidae (all species) |
Boxfishes |
37 | Family Pegasidae (all species) | Seamoths |
38 | Family Plesiopidae (all species) | Longfins |
39 | Family Pomacanthidae (all species) | Angelfishes |
40 | Family Pomacentridae (all species) | Damselfishes |
41 |
Family Priacanthidae (all species) | Bigeyes |
42 | Family Pseudochromidae (all species) | Dottybacks and eel blennies |
43 | Chlorurus microrhinos |
Steephead parrotfish |
44 | Family Scorpaenidae (all species) | Firefishes, scorpionfishes, lionfishes |
45 | Sub-families Anthiinae and Grammistinae (all species) | Anthias and soapfishes |
46 | Family Siganidae (all species) |
Rabbitfish |
47 | Family Tetraodontidae (all species) | Pufferfishes |
48 |
Family Tripterygiidae (all species) | Triplefins |
49 | Family Zanclidae (all species) | Moorish idol |
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:
7G Hook definition for Zoning Plan
(1) In the Zoning Plan:
(2) Those things are the following:
7K Limited collecting
7O Limited impact research (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.
"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:
(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:
(ii) a research project;
(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:
(d) in the case of an animal species mentioned or referred to in Part 2 of that table:
(e) in the case of an animal species mentioned or referred to in Part 3 of that table:
(f) in the case of an animal species mentioned or referred to in Part 4 of that table:
(g) in the case of an animal species referred to in Part 5 of that table:
(h) in the case of an animal species other than a species mentioned or referred to in that table:
(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:
(5) For sub-subparagraph (2) (a) (ii) (B), the following are the limitations on the installation and use of minor research aids:
(d) sub-surface marker buoys must be attached by lines to either:
(g) a surface marker buoy must be attached by lines to either:
Table 7O-1 Animal species limited by number for limited research sampling
Item | Species | Common name |
---|---|---|
Part 1 No specimens to be taken | ||
1 | Class Mammalia (all species) | Mammals |
2 | Class Aves (all species) |
Birds |
3 | Class Reptilia (all species) | Reptiles |
4 | Class Amphibia (all species) | Amphibians |
5 | Family Syngnathidae (all species) | Seahorses, seadragons, pipefish |
6 | Family Solenostomidae (all species) | Ghost pipefish |
7 | Cheilinus undulatus | Humphead Maori wrasse |
8 | Coris aygula | Clown coris |
9 | Bolbometopon muricatum | Humphead parrotfish |
10 |
Chlorurus microrhinos | Steephead parrotfish |
11 | Cetoscarus bicolor |
Bicolour parrotfish |
12 | Scarus rubroviolaceus | Ember parrotfish |
13 |
Family Pristidae (all species) | Sawfish |
14 | Cromileptes altivelis |
Barramundi cod |
15 | Epinephelus lanceolatus | Queensland grouper |
16 |
Epinephelus tukula | Potato cod |
17 | Halophryne queenslandiae | Sculptured frogfish |
18 | Ogilbyina novaehollandiae | Multicolour dottyback |
19 |
Family Istiophoridae (all species) | Marlin |
20 | Xiphias gladius | Swordfish |
21 | Carcharias taurus | Grey nurse shark |
22 | Rhincodon typus | Whale shark |
23 | Carcharias carcharias | Great white shark |
24 | Family Palinuridae (all species) | Rock lobster |
25 | Holothuria nobilis | Black teatfish |
26 |
Holothuria fuscogilva | White teatfish |
27 | Family Tridacnidae (all species) | Giant clams |
28 | Melo amphora | Baler shell |
29 | Charonia tritonis |
Triton |
30 | Cassis cornuta | Helmet shell |
31 | Pinctada maxima , P. margaritifera | Pearl oyster |
32 | Family Muricidae (all species) |
Muricids |
33 | Class Anthozoa (all species) | All corals (hard, soft and black), anemones, zooanthids, seafans, corallimorpharians |
Part 2 20 specimens of each species in total and no more than 5 of each species per location | ||
34 | Order Octopoda (all species) | Octopus |
35 |
Brachaelurus colcloughi | Colclough's shark |
36 | Pseudocarcharias kamoharai | Crocodile shark |
37 | Isurus oxyrinchus | Shortfin mako |
38 | Hypogaleus hyagaensis | Blacktip topeshark |
39 | Carcharhinus amblyrhynchos | Grey reef shark |
40 | Carcharias brevipinna | Spinner shark |
41 | Carcharias falciformis | Silky shark |
42 | Carcharias leucas | Bull shark |
43 |
Galeocerdo cuvier | Tiger shark |
44 | Triaenodon obesus | Whitetip reef shark |
45 | Sphyrna lewini | Scalloped hammerhead |
46 | Sphyrna mokarran | Great hammerhead |
47 | Rhynchobatus djiddensis | Whitespot giant guitarfish |
48 |
Taeniura lymna | Bluespotted ribbontail ray |
49 | Aetobatus narinari |
Spotted eagle ray |
50 | Manta birostris | Manta ray |
51 | Dasyatis fluviorum | Estuary stingray |
52 | Urogymnus asperrimus | Porcupine ray |
53 |
Carcharhinus plumbeus | Sandbar shark |
54 | Carcharhinus obscurus | Black whaler |
55 | Orectolobus ornatus | Banded wobbegong |
56 | Carcharhinus limbatus | Blacktip shark |
57 | Centrophorus granulosus | Gulper shark |
58 |
Dalatias licha | Black shark |
Part 3 50 specimens of each species in total and no more than 10 of each species per site, none longer than 1 000 mm | ||
59 | Genus Epinephelus (all species except E. lanceolatus and E. tukula ) | Cods and groupers, except Queensland grouper and potato cod |
Part 4 50 specimens of each species in total and no more than 10 of each species per site | ||
60 | Genus Bodianus (all species) | Hogfish |
61 | Cheilinus fasciatus | Redbreasted Maori wrasse |
62 | Cheilinus trilobatus | Tripletail Maori wrasse |
63 |
Choerodon anchorago | Anchor tuskfish |
64 | Choerodon cephalotes | Purple tuskfish |
65 | Choerodon cyanodus | Blue tuskfish |
66 | Choerodon schoenleinii | Blackspot tuskfish |
67 | Choerodon venustus | Venus tuskfish |
68 | Family Scaridae (all species except Bolbometopon muricatum , Chlorurus microrhinos , Cetoscarus bicolor and Scarus rubroviolaceus ) | Parrotfish, all species except humphead parrotfish, steephead parrotfish, bicolour parrotfish and ember parrotfish |
69 | Family Serranidae (all species except Cromileptes altivelis and all those of the genus Epinephelus ) | (Exceptions: Barramundi cod and groupers) |
70 | Gnathodentex aureolineatus | Gold-lined sea bream |
71 | Genus Gymnocranius (all species) | Sea bream |
72 | Lethrinus atkinsoni |
Yellow-tailed emperor |
73 | Lethrinus erythracanthus | Yellow-spotted emperor |
74 | Lethrinus genivittatus | Lancer |
75 | Lethrinus harak | Thumbprint emperor |
76 | Lethrinus lentjan | Pink-eared emperor |
77 | Lethrinus miniatus | Sweetlip emperor (Red-throat emperor) |
78 | Lethrinus nebulosus |
Spangled emperor |
79 | Lethrinus obsoletus | Orange-striped emperor |
80 |
Lethrinus olivaceus | Long-nose emperor |
81 | Lethrinus ornatus |
Yellow-striped emperor |
82 | Lethrinus rubrioperculatus | Red-eared emperor |
83 | Lethrinus xanthochilus | Yellowlip emperor |
84 | Lethrinus variegates |
Variegated emperor |
85 | Monotaxis grandoculis | Bigeye bream |
86 | Aphareus furca | Small-toothed jobfish |
87 | Etelis carbunculus | Ruby snapper |
88 |
Etelis coruscans | Flame snapper |
89 | Lutjanus adetii | Hussar (Pink hussar) |
90 | Lutjanus bitueniatus | Indonesian snapper |
91 | Lutjanus bohar | Red bass |
92 | Lutjanus boutton | Paleface snapper |
93 | Lutjanus carponotatus |
Spanish flag (Stripey) |
94 | Lutjanus erythropterus | Crimson seaperch (Small-mouth nannygai) |
95 | Lutjanus malabaricus | Saddletail seaperch (Large-mouth nannygai) |
96 | Lutjanus fulviflamma | Black-spot snapper |
97 |
Lutjanus fulvus | Yellow-margined seaperch |
98 | Lutjanus gibbus | Paddletail |
99 | Lutjanus kasmira | Bluestripe seaperch |
100 | Lutjanus lemniscatus |
Dark-tailed seaperch |
101 | Lutjanus lutjanus | Bigeye seaperch |
102 |
Lutjanus monostigma | Onespot seaperch |
103 | Lutjanus quinquelineatus |
Five-lined seaperch |
104 | Lutjanus rivulatus | Maori seaperch |
105 |
Lutjanus russelli | Moses perch |
106 | Lutjanus sebae | Red emperor |
107 |
Lutjanus vitta | Brownstripe seaperch (Brown hussar) |
108 | Macolor macularis | Midnight seaperch |
109 | Macolor niger | Black and white seaperch |
110 |
Symphorus nematophorus | Chinamanfish |
111 | Symphorichthys spilurus |
Sailfin snapper |
112 | Lutjanus johnii | Fingermark |
113 | Pristipomoides filamentosus, P. sieboldi | Rosy jobfish |
114 | Pristipomoides multidens , P. typus | Gold band snapper |
115 | Aprion virescens | Green jobfish |
116 | Glaucosoma scaplare | Pearl perch |
117 | Atractoscion aequidens |
Teraglin jew |
118 | Protonibea diacanthus | Black jewfish |
119 |
Agrioposphyraena barracuda | Barracuda |
120 | Scomberomorus munroi | Spotted mackerel |
121 | Platycephalus fuscus | Dusky (mud) flathead |
122 | Family Antenariidae (all species except Halophryne queenslandiae ) | Anglerfishes and frogfishes, except sculptured frogfish |
123 | Family Aulostomidae (all species) | Trumpetfish |
124 | Family Balistidae (all species) | Triggerfish |
125 | Family Muraenidae (all species) | Moray eels |
126 | Family Ophichthidae (all species) | Snake eels |
127 | Family Congridae (all species) | Conger eels |
128 | Family Fistulariidae (all species) | Flutemouths |
129 | Family Ostraciidae (all species) | Boxfish |
130 | Phylum Echinodermata (all species except Holothuria nobilis and H. fuscogilva ) | Echinoderms, all species except black teatfish and white teatfish |
131 | Ranina ranina | Spanner crab |
132 | Phylum Mollusca (all species except: all those of the order Octopoda and the family Tridacnidae; Melo amphora , Charonia tritonis , Cassis cornuta , Pinctada maxima and P. margaritifera ; and all those of the family Muricidae) | All species of molluscs except octopus, giant clams, baler shell, triton, helmet shell, pearl oysters and muricids |
Part 5 500 specimens of each species in total and no more than 100 of each species per location | ||
133 | Family Atherinidae (all species) | Hardyheads |
134 | Family Blenniidae (all species) | Blennies |
135 | Family Clupeidae (all species) |
Herring |
136 | Family Engraulidae (all species) | Anchovies |
137 | Family Gobiidae (all species) | Gobies |
138 | Family Pomacentridae (all species) |
Damselfish |
139 | Family Siganidae (all species) | Rabbitfish |
140 | Family Synodontidae (all species) | Lizardfish |
141 | Family Tripterygiidae (all species) | Triplefins |
Table 7O-2 Plant species limited by number for limited research sampling
Item | Species | Common Name |
---|---|---|
1 | Family Rhizophoraceae (all species) |
Mangroves |
2 | Division Magnoliophyta (all species) | Seagrass |
3 | Kingdom Protista (all species) | Algae |
7P Limited impact research (non-extractive)
definition for Zoning Plan
(1) In this regulation:
(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:
(b) research that is a component of:
(ii) a research project;
(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:
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:
(2) In paragraph (1) (a):
7W Managed vessel or aircraft
For the definition of managed vessel or aircraft in the Zoning Plan, vessels
of the following kinds are declared:
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:
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:
(c) any activity in which:
8I Netting
8M Pelagic species
For the definition of pelagic species in the Zoning Plan:
(a) all species in each of the following families are declared:
(b) all species in each of the following genera are declared:
(c) the following species are declared:
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:
8U Protected species
(1) For the definition of protected species in the Zoning Plan, the following
species are declared:
Table 8U Protected species
Item | Species | Common name |
---|---|---|
Invertebrates | ||
1 | Family Tridacnidae (all species) | Giant clams |
2 | Cassis cornuta | Helmet shell |
3 | Charonia tritonis | Giant triton shell |
Fish | ||
4 | Families Syngnathidae and Solenostomidae (all species) | Seahorses, pipefish, seadragons |
5 |
Epinephelus tukula | Potato cod |
6 | Epinephelus lanceolatus | Queensland grouper |
7 | Cheilinus undulatus | Maori wrasse |
8 | Cromileptes altivelis |
Barramundi cod |
9 | Rhincodon typus | Whale shark |
10 | Carcharias taurus |
Grey nurse shark |
11 | Carcharias carcharias | Great white shark |
Marine reptiles | ||
12 | Genus Crocodylus (all species) | Crocodiles |
13 | Families Hydrophiidae and Laticaudidae (all species) | Sea snakes |
14 | Family Cheloniidae (all species) | Green turtle, loggerhead, turtle, olive ridley turtle, hawksbill turtle, flatback turtle |
15 | Family Dermochelydae (all species) | Leatherback turtle |
Birds | ||
16 | Class Aves (all species) | Birds |
Marine mammals | ||
17 | Families Otariidae and Phocidae (all species) | Seals |
18 | Dugong dugon | Dugong |
19 | Order Cetacea (all species) | Whales and dolphins |
9C Queensland fisheries legislation
For the definition of Queensland fisheries legislation in the Zoning Plan, the
following laws of Queensland are prescribed:
9G Ship definition for Zoning Plan
In the Zoning Plan:
"ship" means a vessel that is:
but does not include:
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:
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:
9W Trapping
(1) For the purposes of the definition of trapping in the Zoning Plan, the
conditions or limitations prescribed are the following:
(c) that apparatus must be used in accordance with the relevant provision of Queensland fisheries legislation, as follows:
(2) In paragraph (1) (b):
10A Trawling
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:
10E General Use Zone activities
10M Habitat
Protection Zone activities
For paragraph 2.3.4 (o) of the Zoning Plan, the following purposes are
declared:
10Q Conservation Park Zone activities
For paragraph 2.4.4 (n) of the Zoning Plan, the following activities are
declared:
10U Buffer Zone activities
For paragraph 2.5.4 (k) of the Zoning Plan, the following activities are
declared:
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;
11C Marine National Park Zone activities
For paragraph 2.7.4 (l) of the Zoning Plan, the following activities are
declared:
11G Preservation Zone activities
For paragraph 2.8.4 (b) of the Zoning Plan, the following activities are
declared:
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:
11J Special Management Areas types
For section 4.2.1 of the Zoning Plan, there are the following additional types
of Special Management Area:
11K Species Conservation (Dugong Protection) SMAs declaration
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:
1 |
north-easterly along the geodesic to 18° 08.493' S, 146° 09.898' E; |
2 | easterly along the geodesic to the intersection of the coastal 500 metre line around the Brook Islands and the parallel 18° 08.426' S; |
3 | along the coastal 500 metre line around the Brook Islands to its intersection with the meridian 146º 18.298' E (at or about 18° 09.813' S, 146° 18.298' E); |
4 | southerly along the geodesic to the intersection of the coastal 500 metre line around Eva Island and the meridian 146° 19.148' E (at or about 18° 13.651' S, 146° 19.148' E); |
5 | along that coastal 500 metre line around Eva Island to its intersection with the meridian 146° 19.681' E (at or about 18° 14.622' S, 146° 19.681' E); |
6 | southerly along the geodesic to the intersection of the eastern tip of Hillock Point, Hinchinbrook Island at mean low water and the parallel 18° 25.173' S (at or about 18° 25.173' S, 146° 21.460' E); |
7 | generally northerly and westerly along the island coastline at mean low water to its intersection with the Marine Park boundary (at or about 18° 14.816' S, 146° 04.238' E); |
8 | west along the Marine Park boundary to its intersection with the mainland coastline at mean low water (at or about 18° 14.816' S, 146° 00.983' E); |
9 | along the mainland coastline at mean low water to the point of commencement |
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:
1 | southerly along the geodesic to 18° 31.216' S, 146° 23.189' E; |
2 | westerly along the geodesic to the intersection of the Marine Park boundary and the parallel 18° 31.221' S (at or about 18° 31.221' S, 146° 23.116' E); |
3 | generally northerly along the Marine Park boundary to its intersection with the island coastline at mean low water (at or about 18° 29.220' S, 146° 19.055' E); |
4 | along the island coastline at mean low water to the point of commencement |
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:
1 | southerly along the geodesic to the intersection of the Marine Park boundary and the parallel 18° 32.731' S (at or about 18° 32.731' S, 146° 23.422' E); |
2 |
northerly along the Marine Park boundary to its intersection with the parallel 18° 31.221' S (at or about 18° 31.221' S, 146° 23.116' E); |
3 | easterly along the geodesic to the point of commencement |
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:
1 | southerly along the geodesic to 18° 37.593' S, 146° 23.098' E; |
2 | southerly along the geodesic to 18° 42.393' S, 146° 21.131' E; |
3 | west along the parallel to its intersection with the mainland coastline at mean low water (at or about 18° 42.393' S, 146° 18.046' E); |
4 | along the mainland coastline at mean low water to its intersection with the Marine Park boundary (at or about 18° 34.709' S, 146° 20.449' E); |
5 | along the Marine Park boundary to the point of commencement |
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:
1 | easterly along the geodesic to the intersection of the coastal 500 metre line around Magnetic Island and the parallel 19° 07.779' S (at or about 19° 07.779' S, 146° 46.469' E); |
2 |
along the coastal 500 metre line around the northern side of Magnetic Island to its intersection with the meridian 146° 50.045' E (at or about 19° 06.028' S, 146° 50.045' E); |
3 |
easterly along the geodesic to the intersection of the coastal 500 metre line around Magnetic Island with the meridian 146° 51.765' E (at or about 19° 05.859' S, 146° 51.765' E); |
4 | along the coastal 500 metre line around Magnetic Island in a south-easterly direction to its intersection with the parallel 19° 06.879' S (at or about 19° 06.879' S, 146° 53.357' E); |
5 | south-easterly along the geodesic to the intersection of the Marine Park boundary and the meridian 146° 54.690' E (at or about 19° 07.599' S, 146° 54.690' E); |
6 | generally south-westerly along the Marine Park boundary to the intersection of the mainland coastline at mean low water and the meridian 146° 47.465' E (at or about 19° 14.435' S, 146° 47.465' E); |
7 | along the mainland coastline at mean low water to the point of commencement |
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:
1 | south-easterly along the geodesic to the intersection of the northern tip of Cape Cleveland at mean low water and the meridian 147° 00.828' E (at or about 19° 10.910' S, 147° 00.828' E); |
2 | generally south-westerly along the mainland coastline at mean low water to its intersection with the meridian 146° 51.465' E (at or about 19° 16.975' S, 146° 51.465' E); |
3 |
north-easterly along the Marine Park boundary to the point of commencement |
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:
1 | easterly along the geodesic to the intersection of the northern tip of Cape Bowling Green and the meridian 147° 23.495' E (at or about 19° 18.137' S, 147° 23.495' E); |
2 | along the mainland coastline at mean low water to the point of commencement |
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:
1 | easterly along the geodesic to the intersection of the western tip of Cape Upstart at mean low water and the parallel 19° 42.403' S (at or about 19° 42.403' S, 147° 45.156' E); |
2 | along the mainland coastline at mean low water to the point of commencement |
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:
1 | easterly along the geodesic to the intersection of the northern tip of Gloucester Head, Gloucester Island at mean low water and the meridian 148° 27.061' E (at or about 19° 58.300' S, 148° 27.061' E); |
2 | along the western shore of Gloucester Island at mean low water to its intersection with the meridian 148° 27.430' E (at or about 20° 03.136' S, 148° 27.430' E); |
3 | south-westerly along the geodesic to the intersection of the northern tip of Cape Gloucester and the meridian 148° 27.188' E (at or about 20° 03.624' S, 148° 27.188' E); |
4 | along the mainland coastline at mean low water to its intersection with the Marine Park boundary (at or about 20° 04.408' S, 148° 16.622' E); |
5 | along the Marine Park boundary to the intersection of the mainland coastline at mean low water and the parallel 20° 00.708' S (at or about 20° 00.708' S, 148° 16.102' E); |
6 | along the mainland coastline at mean low water to the point of commencement |
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:
1 | along the mainland coastline at mean low water to its intersection with the meridian 148° 49.796' E (at or about 20° 30.131' S, 148° 49.796' E); |
2 | south along the meridian to its intersection with latitude 20° 30.141' S; |
3 | west along the parallel to its intersection with longitude 148° 45.847' E; |
4 | northerly along the geodesic to the point of commencement |
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:
1 | east along the parallel to its intersection with longitude 148° 50.763' E; |
2 | south-easterly along the geodesic to 20° 51.924' S, 148° 59.813' E; |
3 | south along the meridian to the intersection of the mainland coastline at mean low water and the parallel 20° 53.625' S (at or about 20° 53.625' S, 148° 59.813' E); |
4 | along the mainland coastline at mean low water to the point of commencement |
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:
1 | north along the meridian to 20° 51.924' S, 148° 59.813' E; |
2 | south-easterly along the geodesic to 20° 56.724' S, 149° 06.846' E; |
3 | south-westerly along the geodesic to the intersection of the mainland coastline at mean low water at Sand Bay and the meridian 149° 05.763' E (at or about 20° 58.774' S, 149° 05.763' E); |
4 | along the mainland coastline at mean low water to the point of commencement |
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:
1 | easterly along the geodesic to 21° 27.024' S, 149° 27.763' E; |
2 | southerly along the geodesic to 21° 30.574' S, 149° 28.979' E; |
3 | westerly along the geodesic to 21° 29.124' S, 149° 24.413' E; |
4 | westerly along the geodesic to 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); |
5 | along the mainland coastline at mean low water to the point of commencement |
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:
1 | easterly along the geodesic to 21° 29.124' S, 149° 24.413' E; |
2 | easterly along the geodesic to 21° 30.574' S, 149° 28.979' E; |
3 | southerly along the geodesic to the intersection of the northern tip of Cape Palmerston at mean low water and the meridian 149° 28.968' E (at or about 21° 31.935' S, 149° 28.968' E); |
4 | along the mainland coastline at mean low water to the point of commencement |
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:
1 | east along the parallel to its intersection with longitude 149° 33.063' E; |
2 | south-easterly along the geodesic to 21° 57.807' S, 149° 35.813' E; |
3 | south along the meridian to its intersection with latitude 22° 01.657' S; |
4 | southerly along the geodesic to 22° 10.474' S, 149° 36.779' E; |
5 | westerly along the geodesic to the intersection of the eastern tip of Clairview Bluff at mean low water and the parallel 22° 10.450' S (at or about 22° 10.450' S, 149° 34.022' E); |
6 | along the mainland coastline at mean low water to the point of commencement |
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:
1 |
north-easterly along the geodesic to the intersection of the Swan Island coastline at mean low water and the parallel 22° 19.308' S (at or about 22° 19.308' S, 150° 12.145' E); |
2 |
along the southern island coastline at mean low water to its intersection with the parallel 22° 19.168' S (at or about 22° 19.168' S, 150° 12.477' E); |
3 |
north-easterly along the geodesic to the intersection of the island coastline at Cape Townshend, Townshend Island and the meridian 150° 28.724' E (at or about 22° 12.283' S, 150° 28.724' E); |
4 | along the western and southern shores of the Townshend Island coastline at mean low water to its intersection with the parallel 22° 17.753' S (at or about 22° 17.753' S, 150° 33.680' E); |
5 | southerly along the geodesic to 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); |
6 | along the mainland coastline at mean low water to the point of commencement |
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:
1 | northerly along the geodesic to the intersection of the eastern tip of Townshend Island at mean low water and the parallel 22° 17.753' S (at or about 22° 17.753' S, 150° 33.680' E); |
2 | easterly along the geodesic to 22° 19.590' S, 150° 39.596' E; |
3 |
south-easterly along the geodesic to 22° 21.507' S, 150° 41.229' E; |
4 | southerly along the geodesic to 22° 22.340' S, 150° 41.529' E; |
5 |
south-easterly along the geodesic to 22° 24.873' S, 150° 43.262' E; |
6 | south-easterly along the geodesic to 22° 26.907' S, 150° 45.428' E; |
7 | southerly along the geodesic to 22° 31.890' S, 150° 47.346' E; |
8 | southerly along the geodesic to the intersection of the eastern tip of Cape Clinton at mean low water and the parallel 22° 32.231' S (at or about 22° 32.231' S, 150° 47.326' E); |
9 | along the mainland coastline at mean low water to the point of commencement |
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:
1 | generally south-easterly along the island coastline at mean low water to its intersection with the Marine Park boundary (at or about 23° 45.346' S, 151° 19.813' E); |
2 | westerly along the Marine Park boundary to its intersection with the meridian 151° 19.567' E (at or about 23° 45.340' S, 151° 19.567' E); |
3 | easterly along the geodesic to the point of commencement |
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:
1 |
south-easterly along the geodesic to its intersection with the Marine Park boundary (at or about 23° 52.173' S, 151° 24.241' E); |
2 | south-westerly along the Marine Park boundary to the intersection of Facing Island at mean low water and the parallel 23° 52.526' S (at or about 23° 52.526' S, 151° 23.317' E); |
3 | northerly along the island coastline at mean low water to the point of commencement |
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:
1 | south-easterly along the geodesic to the intersection of the northern tip of Flora Point, Rodds Peninsula at mean low water and the meridian 151° 36.814' E (at or about 23° 58.697' S, 151° 36.814' E); |
2 | southerly along the mainland coastline at mean low water to its intersection with the Marine Park boundary (at or about 24° 00.515' S, 151° 36.203' E); |
3 | south-westerly along the Marine Park boundary to the intersection of the eastern tip of Hummock Hill Island at mean low water, in the vicinity of Norton Point, and the parallel 24° 02.036' S (at or about 24° 02.036' S, 151° 32.748' E); |
4 | along the northern coastline of Hummock Hill Island at mean low water to its intersection with the Marine Park boundary in the vicinity of Tiber Point (at or about 23° 59.499' S, 151° 26.535' E); |
5 |
north-easterly along the Marine Park boundary to the point of commencement |
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:
Item | Species Conservation | Applicable provisions |
---|---|---|
1 | Hinchinbrook Island Area | section 264 |
2 | Lucinda to Allingham Halifax Bay | Subdivision 2 of Division 2 of Part 5 |
3 | Cleveland Bay Magnetic Island | section 263 |
4 | Bowling Green Bay | Subdivision 2 of Division 2 of Part 5 |
5 | Upstart Bay | section 262 |
6 | Edgecumbe Bay Bowen | Subdivision 2 of Division 2 of Part 5 |
7 | Repulse Bay | Subdivision 2 of Division 2 of Part 5 |
8 | Stewart Peninsula Newry Islands Ball Bay | section 261 |
9 |
Ball Bay Sand Bay | Subdivision 2 of Division 2 of Part 5 |
10 |
Llewellyn Bay | Subdivision 2 of Division 2 of Part 5 |
11 | Ince Bay (Cape Palmerston Allom Point) | section 260 |
12 | Clairview Bluff Carmilla Creek | Subdivision 2 of Division 2 of Part 5 |
13 | Shoalwater Bay | section 259 |
14 | Port Clinton (Reef Point Cape Clinton) | section 258 |
15 | Port of Gladstone Rodds Bay |
Subdivision 2 of Division 2 of Part 5 |
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
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:
1 | south-easterly along the geodesic to 14° 29.879' S, 145° 35.407' E; |
2 |
south-westerly along the geodesic to 14° 31.641' S, 145° 33.543' E; |
3 | westerly along the geodesic to 14° 31.458' S, 145° 32.208' E; |
4 |
north-westerly along the geodesic to 14° 31.379' S, 145° 32.060' E; |
5 | easterly along the geodesic to 14° 31.297' S, 145° 33.491' E; |
6 |
north-easterly along the geodesic to 14° 30.952' S, 145° 33.960' E; |
7 | northerly along the geodesic to 14° 30.363' S, 145° 33.897' E; |
8 |
north-westerly along the geodesic to 14° 28.210' S, 145° 32.101' E; |
9 | westerly along the geodesic to 14° 28.173' S, 145° 31.252' E; |
10 |
south-westerly along the geodesic to 14° 28.386' S, 145° 30.877' E; |
11 | northerly along the geodesic to 14° 27.761' S, 145° 31.128' E; |
12 |
north-easterly along the geodesic to the point of commencement |
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:
1 | easterly along the geodesic to 14° 39.405' S, 145° 41.808' E; |
2 |
south-easterly along the geodesic to 14° 41.983' S, 145° 43.512' E; |
3 | southerly along the geodesic to 14° 44.737' S, 145° 44.329' E; |
4 | southerly along the geodesic to 14° 51.997' S, 145° 45.742' E; |
5 | southerly along the geodesic to 14° 55.703' S, 145° 44.649' E; |
6 | west along the parallel to its intersection with longitude 145° 42.438' E; |
7 | easterly along the geodesic to 14° 55.549' S, 145° 42.861' E; |
8 | north-easterly along the geodesic to 14° 55.224' S, 145° 43.256' E; |
9 |
north-easterly along the geodesic to 14° 54.309' S, 145° 43.677' E; |
10 | northerly along the geodesic to 14° 53.183' S, 145° 44.030' E; |
11 | northerly along the geodesic to 14° 52.154' S, 145° 44.157' E; |
12 | northerly along the geodesic to 14° 50.703' S, 145° 44.058' E; |
13 | northerly along the geodesic to 14° 49.184' S, 145° 43.692' E; |
14 | northerly along the geodesic to 14° 46.774' S, 145° 43.284' E; |
15 | northerly along the geodesic to 14° 45.888' S, 145° 43.044' E; |
16 | northerly along the geodesic to 14° 44.983' S, 145° 42.903' E; |
17 |
north-westerly along the geodesic to 14° 44.518' S, 145° 42.558' E; |
18 | northerly along the geodesic to 14° 44.211' S, 145° 42.453' E; |
19 | northerly along the geodesic to 14° 42.576' S, 145° 42.216' E; |
20 | north-westerly along the geodesic to 14° 42.156' S, 145° 41.946' E; |
21 |
north-westerly along the geodesic to 14° 42.000' S, 145° 41.635' E; |
22 | north-westerly along the geodesic to 14° 41.556' S, 145° 41.124' E; |
23 | northerly along the geodesic to 14° 40.843' S, 145° 40.909' E; |
24 | westerly along the geodesic to 14° 40.719' S, 145° 40.566' E; |
25 |
north-westerly along the geodesic to 14° 40.422' S, 145° 40.355' E; |
26 | northerly along the geodesic to 14° 39.806' S, 145° 40.156' E; |
27 |
north-westerly along the geodesic to 14° 39.601' S, 145° 39.978' E; |
28 | north-westerly along the geodesic to the point of commencement |
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:
1 | westerly along the geodesic to 15° 20.448' S, 145° 44.976' E; |
2 |
north-easterly along the geodesic to 15° 20.074' S, 145° 45.329' E; |
3 | north-easterly along the geodesic to 15° 19.268' S, 145° 45.951' E; |
4 | easterly along the geodesic to 15° 19.236' S, 145° 46.147' E; |
5 | north-easterly along the geodesic to 15° 19.106' S, 145° 46.344' E; |
6 | northerly along the geodesic to 15° 18.858' S, 145° 46.425' E; |
7 | north-westerly along the geodesic to 15° 18.225' S, 145° 46.114' E; |
8 |
north-westerly along the geodesic to 15° 18.096' S, 145° 45.872' E; |
9 | west along the parallel to its intersection with longitude 145° 45.449' E; |
10 |
north-easterly along the geodesic to 15° 17.716' S, 145° 45.736' E; |
11 | northerly along the geodesic to 15° 17.574' S, 145° 45.768' E; |
12 | northerly along the geodesic to 15° 16.821' S, 145° 45.575' E; |
13 | northerly along the geodesic to 15° 16.427' S, 145° 45.585' E; |
14 | northerly along the geodesic to 15° 15.720' S, 145° 45.359' E; |
15 | northerly along the geodesic to 15° 15.581' S, 145° 45.348' E; |
16 |
north-westerly along the geodesic to 15° 15.444' S, 145° 45.135' E; |
17 | westerly along the geodesic to 15° 15.390' S, 145° 44.871' E; |
18 |
north-westerly along the geodesic to 15° 15.120' S, 145° 44.721' E; |
19 | north along the meridian to its intersection with latitude 15° 14.119' S; |
20 | north-easterly along the geodesic to 15° 13.817' S, 145° 45.078' E; |
21 | northerly along the geodesic to 15° 13.509' S, 145° 45.114' E; |
22 |
north-westerly along the geodesic to 15° 13.346' S, 145° 45.002' E; |
23 | northerly along the geodesic to 15° 12.864' S, 145° 44.952' E; |
24 |
north-easterly along the geodesic to 15° 12.551' S, 145° 45.221' E; |
25 | northerly along the geodesic to 15° 12.146' S, 145° 45.234' E; |
26 |
north-westerly along the geodesic to 15° 11.859' S, 145° 44.645' E; |
27 | north-westerly along the geodesic to 15° 11.402' S, 145° 44.417' E; |
28 | easterly along the geodesic to 15° 11.400' S, 145° 45.000' E; |
29 | east along the parallel to its intersection with longitude 145° 47.063' E; |
30 | south along the meridian to the point of commencement |
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:
Item | Location | Zone No |
---|---|---|
1 | Ribbon Reef No. 5 Patches (15-042) and inter-reefal areas | B-15-3007 |
2 | Ribbon Reef No. 2 and 3 inter-reefal areas | B-15-3008 |
11LA Seasonal Closure (Offshore Ribbon Reefs) SMAs special management provisions
11M No Dories Detached (Offshore Ribbon Reefs) SMAs declaration
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:
1 | south-easterly along the geodesic to 14° 39.402' S, 145° 41.809' E; |
2 | west along the parallel to its intersection with longitude 145° 39.530' E; |
3 | south-westerly along the geodesic to 14° 39.905' S, 145° 38.514' E; |
4 | south-easterly along the geodesic to 14° 39.943' S, 145° 38.534' E; |
5 |
south-easterly along the geodesic to 14° 40.021' S, 145° 38.684' E; |
6 | south-easterly along the geodesic to 14° 40.176' S, 145° 38.879' E; |
7 | easterly along the geodesic to 14° 40.188' S, 145° 39.098' E; |
8 | south-westerly along the geodesic to 14° 40.993' S, 145° 38.508' E; |
9 |
north-westerly along the geodesic to 14° 37.571' S, 145° 36.771' E; |
10 | northerly along the geodesic to 14° 37.046' S, 145° 36.595' E; |
11 | northerly along the geodesic to 14° 35.982' S, 145° 36.240' E; |
12 | northerly along the geodesic to 14° 34.989' S, 145° 35.910' E; |
13 |
north-westerly along the geodesic to 14° 34.910' S, 145° 35.848' E; |
14 | north-easterly along the geodesic to the point of commencement |
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:
1 | west along the parallel to its intersection with longitude 145° 42.136' E; |
2 | south-westerly along the geodesic to 14° 58.323' S, 145° 41.493' E; |
3 |
west along the parallel to its intersection with longitude 145° 40.127' E; |
4 | north along the meridian to its intersection with latitude 14° 55.985' S; |
5 | east along the parallel to its intersection with longitude 145° 40.353' E; |
6 | south along the meridian to its intersection with latitude 14° 56.062' S; |
7 | south-easterly along the geodesic to 14° 56.203' S, 145° 40.479' E; |
8 | easterly along the geodesic to 14° 56.250' S, 145° 40.646' E; |
9 | easterly along the geodesic to 14° 56.264' S, 145° 40.830' E; |
10 | easterly along the geodesic to 14° 56.172' S, 145° 41.235' E; |
11 | north-easterly along the geodesic to 14° 56.097' S, 145° 41.412' E; |
12 |
north-easterly along the geodesic to 14° 55.978' S, 145° 41.511' E; |
13 | easterly along the geodesic to 14° 55.977' S, 145° 41.793' E; |
14 |
north-easterly along the geodesic to 14° 55.703' S, 145° 41.988' E; |
15 | east along the parallel to its intersection with longitude 145° 42.438' E; |
16 | east along the parallel to its intersection with longitude 145° 44.650' E; |
17 | south-westerly along the geodesic to the point of commencement |
11MA No Dories Detached (Offshore Ribbon Reefs) SMAs special management provision
11N Restricted Access SMAs declaration
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:
1 | east along the parallel to its intersection with longitude 143° 48.230' E; |
2 | south along the meridian to its intersection with latitude 11° 19.388' S; |
3 | west along the parallel to its intersection with longitude 143° 47.472' E; |
4 | north along the meridian to the point of commencement |
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:
1 | south-easterly along the geodesic to 11° 24.556' S, 144° 01.847' E; |
2 |
south-westerly along the geodesic to 11° 25.045' S, 144° 01.340' E; |
3 | north-westerly along the geodesic to 11° 24.230' S, 144° 00.629' E; |
4 |
north-easterly along the geodesic to the point of commencement |
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:
1 | south-easterly along the geodesic to 11° 35.518' S, 144° 02.908' E; |
2 |
south-westerly along the geodesic to 11° 36.074' S, 144° 02.411' E; |
3 | north-westerly along the geodesic to 11° 35.452' S, 144° 01.610' E; |
4 |
north-easterly along the geodesic to the point of commencement |
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:
Item | Location | Zone No |
---|---|---|
1 | Australian Institute of Marine Science |
SR-19-2008 |
2 | One Tree Island Reef (23-055) | SR-23-2010 |
11NA Restricted Access SMAs special management provision
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:
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:
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:
11O Public Appreciation SMAs declaration
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:
1 | east along the parallel to its intersection with the meridian 146° 00.443' E; |
2 | southerly along the geodesic to the intersection of the island coastline at mean low water and longitude 146° 00.444' E (at or about 16° 55.291' S, 146° 00.444' E); |
3 | along the island coastline at mean low water to its intersection with the parallel 16° 55.398' S (at or about 16° 55.398' S, 146° 00.390' E); |
4 |
south-westerly along the geodesic to the intersection of the island coastline at mean low water and the parallel 16° 55.455' S (at or about 16° 55.455' S, 146° 00.352' E); |
5 | along the island coastline at mean low water to its intersection with the meridian 145° 59.309' E (at or about 16° 56.629' S, 145° 59.309' E); |
6 | south-westerly along the geodesic to 16° 57.000' S, 145° 59.124' E; |
7 | northerly along the geodesic to 16° 55.740' S, 145° 58.620' E; |
8 | north-easterly along the geodesic to the point of commencement |
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:
1 | easterly along the geodesic to 17° 55.444' S, 146° 09.338' E; |
2 |
south-easterly along the geodesic to 17° 56.887' S, 146° 10.904' E; |
3 | southerly along the geodesic to 17° 58.236' S, 146° 11.037' E; |
4 |
south-westerly along the geodesic to 17° 58.509' S, 146° 10.732' E; |
5 | north-westerly along the geodesic to 17° 58.285' S, 146° 10.236' E; |
6 |
north-westerly along the geodesic to 17° 57.530' S, 146° 09.033' E; |
7 | north-westerly along the geodesic to 17° 56.175' S, 146° 07.767' E; |
8 |
north-easterly along the geodesic to the point of commencement |
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:
1 | east along the parallel to its intersection with longitude 146° 09.339' E; |
2 | southerly along the geodesic to 18° 00.221' S, 146° 09.606' E; |
3 | southerly along the geodesic to 18° 00.856' S, 146° 09.598' E; |
4 | westerly along the geodesic to 18° 00.848' S, 146° 08.925' E; |
5 |
north-westerly along the geodesic to 18° 00.613' S, 146° 08.484' E; |
6 | north-westerly along the geodesic to 18° 00.334' S, 146° 08.221' E; |
7 | northerly along the geodesic to 17° 59.916' S, 146° 08.310' E; |
8 | north-easterly along the geodesic to the point of commencement |
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:
1 | easterly along the geodesic to 20° 02.088' S, 148° 54.194' E; |
2 | easterly along the geodesic to 20° 04.327' S, 149° 03.672' E; |
3 | southerly along the geodesic to 20° 14.281' S, 149° 03.666' E; |
4 | easterly along the geodesic to 20° 14.283' S, 149° 07.992' E; |
5 | southerly along the geodesic to 20° 17.511' S, 149° 08.004' E; |
6 |
south-westerly along the geodesic to 20° 23.280' S, 149° 02.281' E; |
7 | southerly along the geodesic to the intersection of the island coastline at mean low water and the parallel 20° 25.854' S (at or about 20° 25.854' S, 149° 02.339' E); |
8 | along the island coastline at mean low water to its intersection with the parallel 20° 26.268' S (at or about 20° 26.268' S, 149° 03.311' E); |
9 |
easterly along the geodesic to 20° 26.267' S, 149° 04.232' E; |
10 | south along the meridian to its intersection with latitude 20° 27.668' S; |
11 | south-westerly along the geodesic to 20° 29.633' S, 149° 00.095' E; |
12 | westerly along the geodesic to the intersection of the mainland coastline at mean low water and the parallel 20° 28.714' S (at or about 20° 28.714' S, 148° 54.696' E); |
13 | along the mainland coastline at mean low water to its intersection with the parallel 20° 14.139' S (at or about 20° 14.139' S, 148° 46.134' E); |
14 | north-westerly along the geodesic to 20° 07.140' S, 148° 42.124' E; |
15 | northerly along the geodesic to 20° 06.361' S, 148° 42.120' E; |
16 |
north-easterly along the geodesic to 20° 05.760' S, 148° 42.904' E; |
17 | east along the parallel to its intersection with longitude 148° 43.743' E; |
18 | easterly along the geodesic to the point of commencement |
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:
1 | east along the parallel to its intersection with longitude 149° 16.179' E; |
2 | south along the meridian to its intersection with the island coastline at mean low water (at or about 20° 48.025' S, 149° 16.179' E); |
3 | along the island coastline at mean low water to its intersection with the meridian 149° 15.681' E (at or about 20° 48.052' S, 149° 15.681' E); |
4 | north along the meridian to the point of commencement |
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:
1 |
south-westerly along the geodesic to the intersection of the island coastline at mean low water and the parallel 20° 48.872' S (at or about 20° 48.872' S, 149° 17.520' E); |
2 | along the island coastline at mean low water to its intersection with the parallel 20° 48.390' S (at or about 20° 48.390' S, 149° 17.058' E); |
3 | north-easterly along the geodesic to the intersection of the island coastline at mean low water and the meridian 149° 17.267' E (at or about 20° 48.180' S, 149° 17.267' E); |
4 | along the island coastline at mean low water to the point of commencement |
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:
1 | east along the parallel to its intersection with longitude 152° 00.745' E; |
2 | south along the meridian to its intersection with latitude 23° 28.678' S; |
3 | west along the parallel to its intersection with longitude 151° 57.184' E; |
4 | north along the meridian to the point of commencement |
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:
1 | south along the meridian to its intersection with latitude 23° 30.000' S; |
2 | west along the parallel to its intersection with longitude 151° 49.287' E; |
3 | north along the meridian to its intersection with latitude 23° 27.345' S; |
4 | easterly along the geodesic to the point of commencement |
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:
Item | Location | Zone No |
---|---|---|
1 | Yonge Reef (14-138) lee side |
CP-14-4017 |
2 | Lizard Island Reef (14-116b): Mermaid Bay to Pigeon Point |
CP-14-4018 |
3 | North Opal Reef (16-025) | CP-16-4029 |
4 | Flynn Reef (16-065) | CP-16-4035 |
5 | Thetford Reef (16-068) | CP-16-4036 |
6 | Orpheus Island Reef south-west (18-049b) | CP-18-4053 |
7 | Davies Reef (18-096) |
CP-18-4056 |
8 | Cape Upstart | CP-19-4064 |
9 | North Keppel Island Considine Bay | CP-23-4101 |
10 | Great Keppel Island western side | CP-23-4102 |
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:
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:
11P No Dories Detached (Marine National Park Zone) SMAs declaration
11PA No Dories Detached (Marine National Park Zone) SMAs special management provisions
(2) The exceptions are the following:
11Q One Dory Detached (Conservation Park Zone) SMAs declaration
11QA One Dory Detached (Conservation Park Zone) SMAs special management provision
11R One Dory Detached (Buffer Zone) SMAs declaration
11RA One Dory Detached (Buffer Zone) SMA special management provisions
11S Princess Charlotte
Bay SMA special management provisions
(1) In this regulation:
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:
(b) in accordance with the licence, netting was carried out in the specified area:
(4) For the purposes of subregulation (3), an application is accompanied by adequate evidence if the application is accompanied by:
(5) For paragraph (4) (b), the following documents are specified:
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:
(3) The designation:
(4) The Authority must publish a notice of the designation:
(b) in 1 or more of the following ways:
12M Extension and revocation of designation
12N Entry to zones for purpose of
taking certain protected species
For paragraph 5.3 (c) of the Zoning Plan:
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:
(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:
Item | Reference in revoked zoning plans | Reference in Zoning Plan |
---|---|---|
1 | Buffer Zone | Buffer Zone |
2 |
Commonwealth Islands Zone | Commonwealth Islands Zone |
3 | Conservation Park Zone | Conservation Park Zone |
4 | General Use `A' Zone | General Use Zone |
5 | General Use `B' Zone | Habitat Protection Zone |
6 | General Use Zone |
General Use Zone |
7 | Habitat Protection Zone | Habitat Protection Zone |
8 |
Marine National Park `A' Zone | Conservation Park Zone |
9 | Marine National Park `B' Zone | Marine National Park Zone |
10 | National Park Zone | Marine National Park Zone |
11 | Preservation Zone | Preservation Zone |
12 |
Scientific Research Zone | Scientific Research Zone |
12Q Permission requirements to be observed
(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:
(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:
(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):
12U Contravening directions
12Y Commercial activities on Low
Island
A person must not carry on a business on Low Island except a business that
involves:
Penalty:
50 penalty units.
Division 3.3 Relevant permissions
14E Application
for relevant permission
(2) An application to the Authority for a relevant permission must contain the following information:
(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:
(b) a brief description of how the research is to be undertaken, including:
(5) In considering an application for a relevant permission, the Authority must have regard to:
(h) in relation to any structure, landing area, farming facility, vessel or work to which the proposed use relates:
(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:
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:
(2) The advertisement must be published in each of:
14G Further particulars in relation to an application
14H Grant or refusal of relevant permission
(2) The Authority may grant the permission subject to a condition or conditions specified in the permission, being:
(3) The Authority may impose a condition on the permission, or vary an existing condition, at any time:
to ensure that the conditions of the permission remain appropriate to the attainment of the object of the Act.
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:
[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
[18] Regulation 45B
omit
[19] After subregulation 49 (3)
insert
[20] After subregulation 50 (3)
insert
[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:
[23] Paragraphs 52 (6) (a), (b) and (ba)
substitute
[24] Before subregulation 55 (1)
insert
(1A) In this regulation:
[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:
(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:
[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:
[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:
[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:
[35] Paragraph 59A (4) (a)
substitute
(a) permission includes:
[36] After subregulation 61 (2)
insert
[37] Regulation 61A
substitute
61A Compulsory pilotage area
(2) The inner route is the waters bounded by:
(3) Hydrographer's Passage is the area bounded by a line that progressively joins, on geodesic lines, the following points:
Item | Latitude | Longitude |
---|---|---|
1 | 20° 39.11' S | 149° 49.36' E |
2 |
20° 35.91' S | 150° 07.36' E |
3 |
20° 28.31' S | 150° 18.06' E |
4 |
20° 02.91' S | 150° 03.06' E |
5 |
19° 54.91' S | 150° 16.56' E |
6 |
19° 39.91' S | 150° 10.56' E |
7 |
19° 50.91' S | 150° 33.06' E |
8 |
20° 01.41' S | 150° 25.86' E |
9 |
20° 06.91' S | 150° 17.26' E |
10 |
20° 19.91' S | 150° 27.06' E |
11 |
20° 32.91' S | 150° 27.06' E |
12 |
20° 41.51' S | 150° 11.66' E |
13 |
20° 54.41' S | 150° 01.96' E |
14 |
20° 39.11' S | 149° 49.36' E. |
(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:
Item | Latitude |
Longitude | |
---|---|---|---|
1 | 19° 58.02' S |
148° 18.60' E | |
2 | 19° 57.83' S |
148° 18.53' E | |
3 | 19° 58.00' S |
148° 21.68' E | |
4 | 19° 58.28' S |
148° 27.05' E | |
5 | 19° 58.37' S |
148° 27.40' E | |
6 | 19° 59.28' S |
148° 33.62' E | |
7 | 20° 00.82' S |
148° 37.48' E | |
8 | 20° 02.17' S |
148° 53.07' E | |
9 | 20° 03.58' S |
148° 57.92' E | |
10 | 20° 14.42' S |
149° 10.47' E | |
11 | 20° 15.20' S |
149° 11.15' E | |
12 | 20° 28.93' S |
149° 08.03' E | |
13 | 20° 31.20' S |
149° 09.07' E | |
14 | 20° 34.28' S |
149° 10.50' E | |
15 | 20° 33.91' S |
149° 07.06' E | |
16 | 20° 39.73' S |
148° 45.82' E; | and |
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
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:
(3) In items 4 and 5 in
Table 68:
"public environment report" means:
(4) In items 6 and 7 in Table 68:
"environmental impact statement" about an
activity means:
Table 68 Fees for assessments in respect of applications for permission
Item | Activity | Fee initial permission ($) | Fee continuation of permission ($) |
---|---|---|---|
1 | Activity that requires use of an aircraft or vessel having a maximum passenger capacity of: | ||
(a) fewer than 25 passengers | 520 | 520 | |
(b) 25 to 50 passengers | 750 | 600 | |
(c) 51 to 100 passengers | 1 360 | 830 | |
(d) 101 to 151 passengers | 2 260 |
1 200 | |
(e) more than 150 passengers | 3 780 | 1 510 | |
2 |
Activity that requires the use of a facility or structure in the Marine Park |
1 660 | 1 660 |
3 | Activity that requires a public notice to be given under regulation 14F, 35 or 43 | 6 040 | 2 260 |
4 | Activity about which a public environment report is to be prepared | 30 240 |
30 240 |
5 | Continuation of an activity about which a public environment report was prepared, if no other such report is to be prepared about the continuation | 3 780 | |
6 | Activity about which an environmental impact statement is to be prepared | 81 670 | 81 670 |
7 | Continuation of an activity about which an environmental impact statement was prepared, if no other such statement is to be prepared about the continuation | 3 780 | |
8 | Activity not covered by items 1 to 7 | 520 | 520 |
[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:
(c) requiring the person to pay, within 21 days after that date:
(2) If an application for permission is withdrawn before the end of the 21 days referred to in paragraph (1) (c):
(3) If:
the Authority must give the person a notice in writing:
[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
Item | Application or request | Fee ($) |
---|---|---|
1 | Application under regulation 52 for approval to transfer a chargeable permission | 430 |
2 | Request to the Authority for a variation of a condition of a permission to which regulation 14H, 37 or 45 applies | 295 |
3 | Application to the Authority for a change to a vessel or aircraft listed on a Vessel Notification Approval issued by the Authority for a relevant permission | 40 |
4 | Application to the Authority for the replacement of an identification number, or the document evidencing an identification number, issued for paragraph 66B (1) (d) | 40 |
5 | Application to the Authority for the replacement of a document evidencing a permission granted by the Authority | 40 |
6 | Request to the Authority for information about any of the following in respect of a permission granted by the Authority: (a) the conditions to which the permission is subject; | 40 |
7 |
Request to the Authority to vary an application for a permission if, as a result of the variation: (a) the Authority must notify or
renotify, under the Native Title Act 1993 , a representative
Aboriginal/Torres Strait Islander body, a registered native title body
corporate or a registered native title claimant about the application;
or | 40 |
8 | Request to the Authority for a summary of documents, being a list of any or all of the following: (a) each permission granted by the Authority to the
person making the request; | 40 |
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:
(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:
(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:
(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:
(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:
(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:
(h) the Fitzalan Passage Cruise Ship Anchorage that is, the area bounded by a notional line beginning at 20° 18.89' S, 148° 56.52' E and running progressively:
[44] Subparagraph 118 (1) (a) (iii)
omit
37G or
[45] Paragraph 118 (1) (b)
substitute
(b) any of the following decisions:
[46] Subparagraph 120 (1) (a) (ii)
substitute
[47] Subregulation 120 (1B)
substitute
(1B) A person who applied for the grant of a relevant permission to use or enter the Mission Beach Leader Prawn Broodstock Capture Area for the purpose of collecting leader prawn broodstock for aquaculture operations may ask the Authority to reconsider its decision on the application.
[48] Subregulation 120 (2)
omit
a authorisation
insert
an authorisation
[49] Regulation 122A
substitute
122A Purpose of Part 13A
122AA Infringement notice offences and infringement notice penalties
Table
122AA
Infringement notice offences and penalties
Item | Provision | Infringement notice penalty (penalty units) |
---|---|---|
1 |
regulation 19 (Commercial activities on Low Island) | 10 |
2 | subregulation 41A (1) (Certain animals not to be taken onto Commonwealth islands) | 2 |
3 | subregulation 46 (1) (Littering prohibited) | 2 |
4 | subregulation 48 (1) (Authority moorings) | 5 |
5 | subregulation 66C (1) (Offences identification numbers) | 5 |
6 | subregulation 84 (1) or (2) (Offence altering ticket etc) | 7 |
7 |
subregulation 106 (1), (2), (3) or (4) (Record-keeping etc) | 5 |
8 |
subregulation 113 (1) (Offences Cairns Area Plan of Management enforcement provisions) | 3 |
9 | subregulation 117 (1) (Offences Whitsundays Plan of Management enforcement provisions) |
3 |
10 | subregulation 117D (1) (Offences Hinchinbrook Plan of Management enforcement provisions) | 3 |
[50] Subregulation 122C (1)
omit
an offence against a provision mentioned in Schedule 10.
insert
an infringement notice offence.
[51] Regulation 122D
omit
[52] Paragraph 122J (1) (a)
omit
, under the provision in Schedule 10 mentioned in the notice,
[53] Regulation 124
substitute
124 Form of identity card
Commonwealth of Australia
Identity Card
( affix photograph ) | Name: |
Identification No: | |
Dated: | |
Signature | Issuing officer: |
Great Barrier Reef Marine Park Authority |
[54] Schedules 1A to 10
omit