Commonwealth Numbered Regulations

1985 No. 169 GREAT BARRIER REEF MARINE PARK REGULATIONS (AMENDMENT) - REG 12

12. After regulation 13 of the Principal Regulations the following Part,
heading and regulation are inserted:
                          "PART  III-UNZONED  AREA"
Prescribed activity prohibited in the unzoned area

"13A. (1) Subject to sub-regulations (2), (3) and (4), a person shall not
carry on a prescribed activity in the unzoned area without the permission in
writing of the Authority.
Penalty: $5,000.

"(2) Until the expiration of 21 days after the date of commencement of
sub-regulation (1), that sub-regulation does not apply to a person, in
relation to a prescribed activity, who immediately before that day was
carrying on that prescribed activity in the unzoned area.

"(3) Sub-regulation (2) does not exempt from the operation of sub-regulation
(1) a person who has, within the period referred to in sub-regulation (2),
made an application under regulation 13B for a permission to carry on that
prescribed activity and that application has been refused.

"(4) If within a period of 21 days after the commencement of sub-regulation
(1), a person referred to in sub-regulation (2) applies for a permission to
undertake in the unzoned area the prescribed activity referred to in that
sub-regulation, sub-regulation (1) does not thereafter apply to that person in
respect of that use or entry unless that person's application has lapsed under
sub-regulation 13E (2) or has been dealt with by the Authority in accordance
with sub-regulation 13F (1).

"(5) Where a permission referred to in sub-regulation (1) is expressed to be
subject to conditions or has conditions imposed upon it under sub-regulation
20 (1), the person to whom the permission is granted shall not carry on the
prescribed activity to which the permission relates otherwise than in
accordance with those conditions.
Penalty: $5,000. Application for permission-unzoned area

"13B. An application to the Authority for a permission to carry on a
prescribed activity in the unzoned area shall be in writing and shall specify-

   (a)  the name and address of the person making the application;

   (b)  the place where the prescribed activity is to be carried out and the
        name of the reef or shoals (if any) on or near which the prescribed
        activity is proposed;

   (c)  the objectives associated with carrying on the prescribed activity;

   (d)  any prudent and feasible alternatives to the prescribed activity;

   (e)  the means of transport to be used in connection with the carrying on
        of the prescribed activity;

   (f)  the estimated maximum number of persons who will enter the unzoned
        area for purposes associated with or related to the prescribed
        activity at any time; and

   (g)  the period in respect of which the permission is sought, and shall
        contain, or be accompanied by a document containing, such other
        information, if any, as the Authority may reasonably require and that
        it has requested the applicant to furnish. Consideration of
        application-unzoned area

"13C. In considering an application for a permission to carry on a prescribed
activity in the unzoned area, the Authority shall have regard to-

   (a)  the orderly and proper management of the Marine Park;

   (b)  the conservation of the natural resources of the Marine Park;

   (c)  the existing use and amenity and the future or desirable use and
        amenity of the area in the vicinity of the prescribed activity with
        particular regard to implications relating to the preparation under
        section 32 of the Act of a zoning plan for the area;

   (d)  the size, extent and location of the prescribed activity in relation
        to any nearby use of the Marine Park;

   (e)  the likely effects of the prescribed activity on the area in the
        vicinity of the prescribed activity and any possible effects on the
        environment;

   (f)  the means of access to and egress from the site of the prescribed
        activity and the adequacy of provisions for aircraft or vessel
        mooring, landing, parking, loading or unloading;

   (g)  health and safety aspects in relation to the carrying on of the
        prescribed activity;

   (h)  the adequacy of the construction of the structures, landing areas,
        farming facilities or vessels to which the prescribed activity
        relates;

   (j)  arrangements for the removal, upon the expiration of the permission,
        of any structure, landing area, farming facility or vessel to which an
        application for a permission relates; and

   (k)  arrangements for making good any damage caused to the Marine Park by a
        prescribed activity.

Advertising of application-unzoned area

"13D. (1) Where in considering an application for a permission to carry on a
prescribed activity in the unzoned area 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 notice in writing given to the
applicant, require the applicant, within the period specified in the notice,
to give public notice-

   (a)  setting out such information relating to the application as the
        Authority requires;

   (b)  inviting interested persons to lodge with the Authority comments in
        writing in relation to the application within a period specified by
        the Authority, being a period of not less than 30 days; and

   (c)  specifying an address to which such comments may be forwarded.



"(2) Before making a decision in respect of an application for a permission to
carry on a prescribed activity in relation to which public notice is required
to be given in accordance with sub-regulation (1), the Authority shall give
due consideration to any comments in writing received by it in response to
such a notice.

"(3) In sub-regulation (1), a reference to public notice is a reference to a
notice published on 2 separate days within a period of 14 days-

   (a)  in the Gazette;

   (b)  in a newspaper circulating generally in the State of Queensland; and

   (c)  in a newspaper, if any, that is a local newspaper circulating in that
        part of the State of Queensland adjacent to that part of the Marine
        Park in which the prescribed activity is to be carried on.

Further particulars in relation to an application-unzoned area

"13E. (1) The Authority may, in respect of an application for a permission to
carry on a prescribed activity, by notice in writing given to the applicant,
request the applicant to furnish to the Authority in writing such further
particulars in relation to the application as are specified in the notice,
being particulars that are necessary for a proper consideration of the
application by the Authority.

"(2) Where further particulars requested by notice under sub-regulation (1) in
relation to an application are not furnished by the applicant within 60 days
after the day of receipt by the applicant of the notice or within such longer
period as the Authority before the expiration of that period of 60 days
allows, the application shall be taken to have lapsed. Grant or refusal of
permission-unzoned area

"13F. (1) Where a person has made an application for a permission to carry on
a prescribed activity in the unzoned area and has complied with any
requirement of, or request duly made by, the Authority in relation to the
application, the Authority shall-

   (a)  grant the permission in writing subject to such conditions (if any) as
        are specified in the permission, being conditions necessary for the
        attainment of the object of the Act; or

   (b)  by notice in writing given to that person, refuse to grant the
        permission.

"(2) Subject to sub-regulation 20 (1), where a permission referred to in
sub-regulation (1) has been granted subject to conditions, the Authority may,
with the consent in writing of the person to whom the permission has been
granted, vary such conditions so that the conditions, as varied, are necessary
for the attainment of the object of the Act.

"(3) A permission granted under this regulation remains in force for such
period as is specified in the permission unless it is sooner surrendered or
revoked.".
                              "PART  IV-GENERAL"
Removal of structures

"13G. (1) Where-

   (a)  a relevant permission or a permission under sub-regulation 13F (1) has
        at any time been granted to a person in relation to any prescribed
        property;

   (b)  there is no longer a relevant permission or a permission under
        sub-regulation 13F (1) in force in relation to that prescribed
        property; and

   (c)  the prescribed property is in the Marine Park, the Authority may order
        a person, who in relation to the prescribed property is a prescribed
        person, to remove that property from the Marine Park within a
        reasonable time.

"(2) A person who fails to comply with an order under sub-regulation (1) is
guilty of an offence punishable, upon conviction, by a fine not exceeding
$1,000 for each day during which the offence continues.

"(3) In sub-regulation (1)-
'prescribed person' means-

   (a)  the owner of the property; or

   (b)  the person who last held a relevant permission or a permission under
        sub-regulation 13F (1), as the case may be, in relation to that
        property;
'prescribed property' means any structure or vessel.".