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1993 No. 188 GREAT BARRIER REEF MARINE PARK REGULATIONS (AMENDMENT) - REG 4

4. New part 5A
4.1 After regulation 33, insert:
             "PART 5A-ENVIRONMENTAL MANAGEMENT CHARGES


"Division 1-General Interpretation

"34. (1) In this Part:
'beach equipment' includes:

   (a)  sailing boats (except boats that have an overall length of 6 metres or
        more); and

   (b)  windsurfing craft; and

   (c)  canoes and kayaks; and

   (d)  peddle craft;
'preceding quarter' means:

   (a)  in relation to April-the preceding period commencing on 1 January and
        ending on 31 March; and

   (b)  in relation to July-the preceding period commencing on 1 April and
        ending on 30 June; and

   (c)  in relation to October-the preceding period commencing on 1 July and
        ending on 30 September; and

   (d)  in relation to January-the preceding period commencing on 1 October
        and ending on 31 December;
'secondary treatment', in relation to sewage, has the meaning given in
subregulation (2);
'sole purpose of sight-seeing', in relation to an aircraft excursion, means:

   (a)  that the aircraft returns to, and disembarks passengers at, the place
        from which they embarked; and

   (b)  that the aircraft is not landed at any other place;
'tertiary treatment', in relation to sewage, has the meaning given in
subregulation (3) or (4);
'tourist' has the same meaning as it has in subsection 3A (3) of the Act;
'tourist program:

   (a)  has the same meaning as it has in subsection 3A (3) of the Act; and

   (b)  includes the construction, maintenance or operation of a building or
        other facility (or its removal or demolition) in the Marine Park, for
        a purpose of the tourist program;
'transfer passenger' means a person who enters the Marine Park primarily for
the purpose of travelling from a place outside the Marine Park to another
place outside the Marine Park and who:

   (a)  is carried by the most direct reasonable route; and

   (b)  does not:

        (i)    during the course of travel in the Marine Park-engage in any
               tourist activities; or

        (ii)   at the disembarkation destination, for at least 2 hours after
               disembarkation-engage in a tourist program offered by the
               permission holder adjacent to that destination.

"(2) Sewage is taken to have received secondary treatment if the effluent
discharge complies with the following standards:

   (a)  5 day biochemical oxygen demand does not exceed 20 milligrams per
        litre;

   (b)  suspended solids do not exceed 30 milligrams per litre;

   (c)  pH value is between 6.0 and 8.5;

   (d)  dissolved oxygen is at least 2 milligrams per litre;

   (e)  Escherichia coli bacteria organisms in at least 5 samples of the
        effluent, collected at intervals of not less than half an hour:

        (i)    have, in respect of all the samples, a geometic mean value that
               is not more than 200 colonies per 100 millilitres; and

        (ii)   number, in 80% of the samples,less than 1000 colonies per 100
               millilitres.

"(3) Sewage is taken to have received tertiary treatment if the effluent
discharge complies with the following standards:

   (a)  5 day biochemical oxygen demand does not exceed 20 milligrams per
        litre;

   (b)  suspended solids do not exceed 30 milligrams per litre;

   (c)  pH value is between 6.0 and 8.5;

   (d)  dissolved oxygen is at least 2 milligrams per litre;

   (e)  Escherichia coli bacteria organisms in at least 5 samples of the
        effluent, collected at intervals of not less than half an hour:

        (i)    have, in respect of all the samples, a geometic mean value that
               is not more than 200 colonies per 100 millilitres; and

        (ii)   number, in 80% of the samples, less than 1000 colonies per 100
               millilitres;

   (f)  total nitrogen content is less than 4 milligrams per litre;

   (g)  total phosphorus content is less than 1 milligram per litre.

"(4) Sewage that fails to comply with subregulation (3) only in respect of
paragraph (3) (f) or (g) is taken to have received tertiary treatment if not
more than 5% of the annual volume of effluent generated is discharged into the
Marine Park at a land-based outfall. Chargeable permissions

"35. (1) For the purposes of the definition of 'chargeable permission' in
subsection 3 (1) of the Act, a permission granted under regulation 11 or 13AF
is a chargeable permission for the purposes of the Act if it is a permission
for any of the following kinds of activity:

   (a)  the operation of a tourist program;

   (b)  a commercial operation that primarily involves:

        (i)    the sale of goods or services from a vessel; or

        (ii)   vessel chartering for a purpose other than tourism;

   (c)  the operation of a land-based sewage outfall;

   (d)  the establishment or operation of farming facilities for the culture
        of pearls or clams. Charges relating to number of Park users

"36. (1) A reference in this Part to a tourist in respect of whom charge is
payable is taken not to be a reference to:

   (a)  a transfer passenger; or

   (b)  a person of any of the following kinds:

        (i)    a child aged less than 4 years;

        (ii)   a member of a group visiting the Marine Park as beneficiaries
               of a charity registered under a law of the Commonwealth, a
               State or a Territory;

        (iii)  a member of a school supervised school group;

        (iv)   a person engaged in the tourism industry who is visiting the
               Marine Park for the purpose of trade familiarisation.

"Division 2-Amount of Charge and Payment Standard tourist program charge

"37. (1) The standard tourist charge payable by the holder of a permission for
a tourist program is $1.00 in respect of:

   (a)  each tourist who takes part in the program; and

   (b)  each occasion on which the tourist takes part in the program; during
        the period to which the charge relates.

"(2) For the purposes of subregulation (1):

   (a)  each day, and part of a day, that the tourist is in the Marine Park is
        taken to be an occasion on which the tourist takes part in the
        program; and

   (b)  if, on any day, the tourist participates in more than one excursion,
        activity or serial package of activities, provided in the Marine Park
        by the permission holder-each excursion, activity or package of
        activities is taken to be an occasion on which the tourist takes part
        in the program.

"(3) Charge is payable by the holder of the permission in April, July, October
and January in respect of the exercise of the permission in the preceding
quarter. Non-motorised beach equipment charges

"38. (1) The charge payable by the holder of a permission for the hiring of
non-motorised beach equipment who does not hold a permission for any other
kind of tourist program, is:

   (a)  if the permission allows the hire of no more than 5 pieces of
        equipment at any time during a quarter-$12.00 for the quarter; or

   (b)  if the permission allows the hire of more than 5 pieces of equipment
        at any time during a quarter-$25.00 for the quarter.

"(2) If the permission holder holds 2 permissions of the kind referred to in
paragraph (1) (a) and exercises those permissions at the same location, charge
is payable as if those permissions were one permission of the kind referred to
in paragraph (1) (b).

"(3) Charge is payable by the holder of the permission in April, July, October
and January in respect of the exercise of the permission in the preceding
quarter. Dinghy charges

"39. (1) The charge payable by the holder of a permission for the hiring of
dinghies who does not hold a permission for any other kind of tourist program,
is:

   (a)  for each dinghy that the permission allows to be hired-$12.00 per
        quarter; or

   (b)  if the permission allows the hire of no more than 5 dinghies at any
        time during a quarter-$50.00 for the quarter.

"(2) For the purposes of subregulation (1), 'dinghy' means a small open boat
the design of which does not include sleeping accommodation.

"(3) Charge is payable by the holder of the permission in April, July, October
and January in respect of the exercise of the permission in the preceding
quarter. Motorised water sports charges

"40. (1) The charge payable by the holder of a permission for the hiring
motorised water sports equipment (excluding dinghies) who does not hold a
permission for any other kind of tourist program, is:

   (a)  if the equipment is jet boats designed to carry no more than 2
        persons-$25.00 per quarter; or

   (b)  if the equipment includes no jet boats-$62.00 per quarter; or

   (c)  if the equipment is jet boats and other motorised equipment-$87 per
        quarter.

"(2) Charge is payable by the holder of the permission in April, July, October
and January in respect of the exercise of the permission in the preceding
quarter. Semi-submersible and glass-bottomed boats charges

"41. (1) The charge payable by the holder of a permission for the providing of
semi-submersible, or glass-bottomed, boat excursions is the amount calculated
under the formula:
N x 0.2 x $1.00 where: N is the number of tourists carried on excursions in
the period to which the charge relates.

"(2) For the purpose of subregulation (1):

   (a)  a tourist who participates in more than one excursion is taken to be a
        different tourist on each of those excursions; and

   (b)  a tourist is not to be included in the calculation if:

        (i)    the tourist's excursion is permitted under a permission to
               which regulation 37 applies; and

        (ii)   the holder of the permission is liable to pay charge in
               accordance with that regulation in respect of the tourist.

"(3) Charge is payable by the holder of the permission in April, July, October
and January in respect of the exercise of the permission in the preceding
quarter. Sight-seeing aircraft charges

"42. (1) The charge payable by the holder of a permission for the providing of
aircraft excursions in or into the Marine Park for the sole purpose of
sight-seeing, who does not hold a permission for any other kind of tourist
program, is the amount calculated under the formula:
N x 0.2 x $1.00 where: N is the number of tourists carried on excursions in
the period to which the charge relates.

"(2) For the purpose of subregulation (1):

   (a)  a tourist who participates in more than one excursion is taken to be a
        different tourist on each of those excursions; and

   (b)  a tourist is not to be included in the calculation if:

        (i)    the tourist's excursion is permitted under a permission to
               which regulation 37 applies; and

        (ii)   the holder of the permission is liable to pay charge in
               accordance with that regulation in respect of the tourist.

"(3) Charge is payable by the holder of the permission in April, July, October
and January in respect of the exercise of the permission in the preceding
quarter. Pontoon charges

"43. (1) The charge payable by the holder of a permission for the operation of
a pontoon is:

   (a)  if the horizontal surface area of the pontoon is 40 square metres or
        less-$45.00 per quarter; or

   (b)  if the horizontal surface area of the pontoon is more than 40 square
        metres-the greater of:

        (i)    $90.00 per quarter; or

        (ii)   $1.00 for each tourist for each excursion to the pontoon that
               the tourist is taken on by the holder.

"(2) For the purpose of subregulation (1):

   (a)  a tourist who participates in more than one excursion is taken to be a
        different tourist on each of those excursions; and

   (b)  a tourist is not to be included in the calculation if:

        (i)    the tourist's excursion is permitted under a permission to
               which regulation 37 applies; and

        (ii)   the holder of the permission is liable to pay charge in
               accordance with that regulation in respect of the tourist.

"(3) Charge is payable by the holder of the permission in April, July, October
and January in respect of the exercise of the permission in the preceding
quarter. Floating hotels charges

"44. (1) The charge payable by the holder of a permission for the operation of
a floating hotel is the greater of:

   (a)  $140.00 per quarter; or

   (b)  $1.00 for each tourist for each night in the quarter that he or she is
        accommodated in the hotel.

"(2) Charge is payable by the holder of the permission in April, July, October
and January in respect of the exercise of the permission in the preceding
quarter. Marina charges

"45. (1) The charge payable by the holder of a permission for the operation of
a marina is the greater of:

   (a)  $190.00 per quarter; or

   (b)  $1.00 for each tourist vessel that is berthed at the marina for each
        day, and part of a day, in the quarter that it is so berthed.

"(2) Charge is payable by the holder of the permission in April, July, October
and January in respect of the exercise of the permission in the preceding
quarter. Underwater observatory charges

"46. (1) The charge payable by the holder of a permission for the operation of
an underwater observatory that is not attached to a pontoon is the greater of:

   (a)  $65.00 per quarter; or

   (b)  for each tourist for each day, and part of a day, in the quarter that
        he or she participates in an excursion to the observatory-the amount
        calculated under the formula:
N x 0.1 x $1.00 where: N is the number of tourists participating in excursions
in the period to which the charge relates.

"(2) For the purpose of subregulation (1):

   (a)  a tourist who participates in more than one excursion is taken to be a
        different tourist on each of those excursions; and

   (b)  a tourist is not to be included in the calculation if:

        (i)    the tourist's excursion is permitted under a permission to
               which regulation 37 applies; and

        (ii)   the holder of the permission is liable to pay charge in
               accordance with that regulation in respect of the tourist.

"(3) Charge is payable by the holder of the permission in April, July, October
and January in respect of the exercise of the permission in the preceding
quarter. Lady Elliot Island charges

"47. (1) The charge payable by the holder of a permission for a tourist
program that involves visiting Lady Elliot Island is $1.00 for each tourist
for each day, and part of a day, in the quarter that he or she is a visitor at
the island.

"(2) For the purpose of subregulation (1) a tourist is not to be counted in
the assessment of charge payable if:

   (a)  the tourist's visit is permitted under a permission to which
        regulation 37 applies; and

   (b)  the holder of the permission is liable to pay charge in accordance
        with that regulation in respect of the tourist.

"(3) Charge is payable by the holder of the permission in April, July, October
and January in respect of the exercise of the permission in the preceding
quarter. Discharge of sewage charges

"48. (1) The charge payable by the holder of a permission for the operation of
a land-based outfall for the discharge of waste that is sewage is:

   (a)  if the sewage has received primary, secondary and tertiary
        treatment-$200.00 per quarter; or

   (b)  if the sewage has received primary and secondary treatment only:

        (i)    $200.00 per quarter; and

        (ii)   an amount calculated under the formula:
$1.9 x V x (N + P) where: N is the concentration of nitrogen, expressed as
milligrams per litre, assessed to be discharged in the quarter; and P is the
concentration of phosphorus, expressed as milligrams per litre, assessed to be
discharged in the quarter; and V is the total volume of sewage, expressed in
megalitres, discharged in the quarter

"(2) For the purpose of subparagraph (1) (b) (ii), an assessment must be made
only in accordance with samples of discharge analysed by a laboratory
registered under the rules of the National Association of Testing Authorities
for analyses of that kind.

"(3) Charge is payable by the holder of the permission in April, July, October
and January in respect of the exercise of the permission in the preceding
quarter. Vessel chartering charges

"49. (1) The charge payable by the holder of a permission for the chartering
of a vessel for a commercial purpose unrelated to tourism is $1.00 for each
person (except crew) carried on the chartered vessel.

"(2) Charge is payable by the holder of the permission in April, July, October
and January in respect of the exercise of the permission in the preceding
quarter. Vending operations charges

"50. (1) The charge payable by the holder of a permission for the sale of
goods or services from a vessel is $15.00 per quarter for each metre of the
overall length of the vessel unless the vessel is used primarily:

   (a)  for a purpose connected to an operation respect of which charge
        applies under regulation 43, 44, 45 or 46; or

   (b)  for the provision of goods or services to commercial fishing vessels.

"(2) Charge is payable by the holder of the permission in April, July, October
and January in respect of the exercise of the permission in the preceding
quarter. Mariculture

"51. (1) The charge payable by the holder of a permission for the
establishment and operation of farming facilities for the culture of pearls or
clams is:

   (a)  for a parcel of facilities of up to 10 hectares-$250.00 per quarter;
        and

   (b)  for each additional parcel of 10 hectares-$100.00 per quarter.

"(2) Charge is payable by the holder of the permission in April, July, October
and January in respect of the exercise of the permission in the preceding
quarter.
Division 3-Record-keeping and returns, etc Record-keeping

"52. (1) The holder of a permission referred to in regulation 37, 41, 42, 43,
44, 45, 46, 47 or 49 must record each day the information that the Authority
requires the holder to keep for the purpose of ascertaining the charge payable
from time to time by the holder.

"(2) The information must be recorded by the permission holder in a logbook
supplied to the holder by the Authority or in a form approved by the Authority
and kept:

   (a)  in the permission holder's booking office; or

   (b)  if the holder's permitted tourist program involves visiting more than
        5 different locations (except destinations for transfer purposes
        only), access to each of which requires the use of a vessel-in the
        vessel used for the part of the program to which the information
        relates.

"(3) The information must be kept by the permission holder for the purpose of
inspection by an inspector at the holder's booking office for at least 2 years
after the quarter to which the information relates. Penalty: 10 penalty units.
Returns

"53. (1) A permission holder referred to in this Part (except the holder of a
permission referred to in regulation 48) must give the Authority a charge
return, in a form approved by the Authority, in April, July, October and
January in relation to the exercise of the permission in the preceding
quarter.

"(2) The holder of a permission referred to in regulation 48 must give the
Authority a return, in a form approved by the Authority, in April, July,
October and January in relation to the exercise of the permission in the
preceding quarter, that sets out:

   (a)  the total volume of sewage generated during the quarter; and

   (b)  the total volume of sewage discharged at the land-based outfall during
        the quarter; and

   (c)  the information determined by the laboratory referred to in
        subregulation 48 (2) that discloses the level of treatment the sewage
        has received before discharge.". 


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