Commonwealth Numbered Regulations

1993 No. 206 GREAT BARRIER REEF MARINE PARK REGULATIONS (AMENDMENT) - REG 14

14.1 Omit the regulation, substitute: Removal of property

"13G. (1) The Authority may order the responsible person, in relation to
property of a kind described in paragraph 38H (b) of the Act that is in the
Marine Park, to remove the property from the Marine Park within a reasonable
time specified in the order if:

   (a)  there is not in force, or is no longer in force, a relevant permission
        or a permission under regulation 13F granted for an activity that
        involves that property; or

   (b)  the property is abandoned, sunk or wrecked.

"(2) An order must be in writing and served on the responsible person
personally or by pre-paid mail.

"(3) If the Authority cannot identify the responsible person, within a time
that is reasonable in the circumstances, the Authority may publish a notice in
accordance with subregulation (4) in the Gazette and in a daily newspaper that
is circulated in the State of Queensland.

"(4) The notice must:

   (a)  describe the property; and

   (b)  identify, as appropriate:

        (i)    the place where the property is located (as accurately as is
               practicable); or

        (ii)   the person from whom the property can be recovered; and

   (c)  order the responsible person to remove the property from the Marine
        Park within a reasonable time specified in the order; and

   (d)  state that, if the property is not removed from the Marine Park within
        the time specified in the order, the Minister may remove the property
        under section 61A of the Act.

"(5) An order under this regulation is declared to be an order to which
section 38H of the Act applies.

"(6) In this regulation:
'responsible person', in relation to property, means:

   (a)  if a relevant permission or a permission under regulation 13F has been
        granted for an activity that involves that property-the person who
        last held the permission or a permission of that kind; or

   (b)  the owner of the property; or

   (c)  the person who has control of the property; or

   (d)  the person who caused the property to be in the Marine Park; as the
        Authority determines the case to be.".