Commonwealth Numbered Regulations

GREAT BARRIER REEF MARINE PARK AMENDMENT REGULATIONS 2004 (NO. 3) 2004 NO. 60 - SCHEDULE 1

(regulation 3)

[1] Subregulation 4 (1), after definition of Gumoo Woojabuddee Section

insert

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

[2] After subregulation 4 (2)

insert

(2A)

In these Regulations, a reference to the Hinchinbrook Plan of Management 2004 is a reference to that Plan as in force at the commencement of this subregulation.

[3] Paragraph 24 (b)

substitute

(b)

to do something in the Whitsunday Planning Area that is permitted by a relevant permission in force immediately before 27 October 1999, but is not permitted by a provision of the Whitsundays Plan of Management 1998 together with regulation 117; or

(c)

to do something in the Hinchinbrook Planning Area that is permitted by a relevant permission in force immediately before the day on which regulation 117C commences, but is not permitted by a provision of the Hinchinbrook Plan of Management 2004 together with regulation 117D.

[4] After subregulation 25 (4)

insert

(4A)

The holder of an existing permission may apply to the Authority to do a thing in the Hinchinbrook Planning Area if:

(a)

but for clause 2.5, 2.6, 2.9 or 2.18 of the Hinchinbrook Plan of Management 2004 and regulation 117D, the existing permission would authorise the holder to do the thing in the Area; and

(b)

the existing permission authorises the holder to do the thing in the Area on more than 50 days in each year.

(4B)

In subregulation (4A):

"existing permission" has the same meaning as in the Hinchinbrook Plan of Management 2004 .

[5] Subregulation 25 (5)

omit

subregulation (1) or (3)

insert

subregulation (1), (3) or (4A)

[6] Subregulation 25 (6)

omit

The application:

insert

An application for an authorisation:

[7] Subregulation 28 (3)

substitute

(3)

Except in special circumstances, the Authority must not grant an authorisation applied for:

(a)

in the case of something to be done in the Cairns Planning Area — on or after 1 July 1999; or

(b)

in the case of something to be done in the Whitsunday Planning Area — on or after 27 October 1999; or

(c)

in the case of something to be done in the Hinchinbrook Planning Area — 3 months or less after the eligibility process commencement day (within the meaning given in the Hinchinbrook Plan of Management 2004 ).

[8] Subregulation 112 (1)

omit

the day on which this regulation commences.

insert

7 June 2002.

[9] Subregulation 112 (2)

omit

the day specified by the Authority in a notice published in the Gazette for the purposes of this subregulation.

insert

17 October 2002.

[10] Subregulation 113 (3)

substitute

(3)

It is a defence to a prosecution under subregulation (1) if the person is acting:

(a)

in accordance with:

(i)

an authorisation; or

(ii)

a relevant permission granted on or after 27 October 1999; or

(b)

as permitted by subregulation 29 (3).

[11] Regulation 116

omit

the day on which this regulation commences.

insert

7 June 2002.

[12] Subregulation 117 (3)

substitute

(3)

It is a defence to a prosecution under subregulation (1) if the person is acting:

(a)

in accordance with:

(i)

an authorisation; or

(ii)

a new permission (within the meaning given in the Plan); or

(b)

as permitted by subregulation 29 (3).

[13] After Part 12

insert

Part 12A Hinchinbrook Plan of Management 2004 — enforcement provisions
117B Definition

In this Part:

"Plan" means the Hinchinbrook Plan of Management 2004 .

117C Date of effect of enforcement provisions of Plan

Part 2 of the Plan takes effect on the day on which this regulation commences.

117D Offences

(1)

A person, other than the Authority acting in accordance with its functions and powers, must not contravene a provision of Part 2 of the Plan.

Penalty:
50 penalty units.

(2)

An offence against subregulation (1) (other than an offence constituted by a contravention of subclause 2.15 (1) of the Plan) is an offence of strict liability.

Note
For strict liability , see section 6.1 of the Criminal Code .

(3)

It is a defence to a prosecution for an offence against subregulation (1) that the person is acting:

(a)

in accordance with:

(i)

an authorisation; or

(ii)

a new permission granted after the eligibility process commencement day; or

(b)

as permitted by subregulation 29 (3).

Note
A defendant bears an evidential burden in relation to the matter mentioned in subregulation (3) (see section 13.3 of the Criminal Code ).

(4)

For subparagraph (3) (a) (ii), new permission and eligibility process commencement day have the respective meanings given by the Plan.

[14] Schedule 10, after item 10

insert