Commonwealth Numbered Regulations

1989 No. 367 GREAT BARRIER REEF MARINE PARK REGULATIONS (AMENDMENT) - REG 4

4. After regulation 4 of the Principal Regulations the following Part is
inserted:

"PART 1A-ZONED AREAS-USE OR ENTRY Permission requirements to be observed-zoned
area

"5. (1) A permission granted under regulation 11 or 13AF is declared to be a
permission to which section 38B of the Act applies.

"(2) For the purposes of subsection 38B (2) of the Act, the following
circumstances are prescribed:

   (a)  in respect of conduct engaged in by a person during the period of 120
        days after the day on which the zoning plan concerned comes into
        operation-circumstances in which the person engages in conduct of the
        same kind as conduct engaged in by the person before that zoning plan
        came into operation; and

   (b)  in respect of conduct engaged in by a person during the period of 120
        days after the day on which an amendment of the zoning plan concerned
        comes into operation-circumstances in which the person engages in
        conduct of the same kind as conduct engaged in by the person before
        the amendment of that zoning plan came into operation; and

   (c)  in respect of conduct engaged in by a person after the end of the
        period referred to in paragraph (a) or (b) where the person applied
        during that period for a permission of a kind referred to in
        subregulation (1), being conduct engaged in before the application is
        granted, refused or withdrawn or lapses under subregulation 10 (2) or
        13AE (2) or regulation 32-circumstances in which:

        (i)    the person engages in conduct of the same kind as conduct
               engaged in by the person before the person applied for the
               permission; and

        (ii)   the person applied in accordance with these Regulations for the
               permission; and

        (iii)  the person complies with any requirement or request made by the
               Authority under the Act, these Regulations or a zoning plan in
               relation to the application. Contravening directions-zoned area

"5A. (1) Where a person notifies the Authority in accordance with section 38D
of the Act that the person proposes to use or enter a zone, the Authority may
give a direction to the person:

   (a)  that is in respect of the person's use of, or entry to, the zone; and

   (b)  that is reasonably necessary for the protection or preservation of the
        Marine Park or property or things in the Marine Park; and

   (c)  that does not require the person to remove a structure, landing area,
        farming facility, vessel, aircraft or other thing that is in the
        Marine Park.

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