Commonwealth Numbered Regulations

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GREAT BARRIER REEF MARINE PARK REGULATIONS 2019 (F2019L00166) - REG 20

Definition of limited impact research (extractive)

Definition for Zoning Plan

             (1)  In the Zoning Plan, limited impact research (extractive) means research that:

                     (a)  involves:

                              (i)  the taking (within the meaning of the Zoning Plan) of an animal, plant or marine product by limited research sampling (see subsection (2)); or

                             (ii)  the installation and operation of minor research aids in a way that does not pose a threat to the environment, safety or navigation and is in accordance with the research guidelines (if any); and

                     (b)  is a component of a research project conducted by a research institution accredited under section 13; and

                     (c)  if:

                              (i)  the research is conducted in an area of the Scientific Research Zone; and

                             (ii)  the Authority has approved an environmental management plan in writing for a research station associated with the area;

                            is conducted in accordance with that plan.

             (2)  Limited research sampling is sampling in accordance with all of the following conditions:

                     (a)  taking is done, in accordance with the research guidelines (if any):

                              (i)  by hand; or

                             (ii)  with a hand-held implement that is not motorised and not pneumatically or hydraulically operated; or

                            (iii)  by the use of a minor research aid;

                     (b)  no more than 20 litres of wet sediment is taken for a research project for a calendar year;

                     (c)  no more than 100 litres of seawater is taken for a research project for a calendar year;

                     (d)  taking of marine plants, as defined in the Fisheries Act 1994 (Qld), complies with Queensland fisheries legislation and Queensland planning legislation;

                     (e)  taking of organisms of marine taxa of the kingdom Chromista would comply with Queensland fisheries legislation and Queensland planning legislation if those organisms were marine plants for the purposes of all that legislation;

                      (f)  the conditions described in subsections (3) and (4) on taking animals.

Note:          As all the conditions mentioned in the definition need to be met for sampling to be limited research sampling, if 2 or more conditions potentially relate to the same activity, the activity will be limited research sampling only if all those conditions are met.

Conditions on taking animals of certain species in limited research sampling

             (3)  Sampling for a research project in a calendar year:

                     (a)  must not involve the taking (within the meaning of the Zoning Plan) of any animals of the following species:

                              (i)  a protected species as defined in the Act or the Zoning Plan;

                             (ii)  a species in class Mammalia (mammals);

                            (iii)  a species in class Aves (birds);

                            (iv)  a species in class Reptilia (reptiles);

                             (v)  a species in class Amphibia (amphibians); and

                     (b)  must comply with the limits specified in:

                              (i)  an item of the table in Schedule 6; or

                             (ii)  without limiting subparagraph (i), if a declaration is in force under subsection (5)--the declaration, as in force from time to time;

                            on taking (within the meaning of the Zoning Plan) animals of a species (or a species or length) specified in the item or declaration.

Note 1:       If a species is both a protected species and a species specified in the declaration, no animals of that species can be taken in limited research sampling.

Note 2:       A declaration under subsection (5) may add additional limits to the limits specified in Schedule 6.

Conditions on taking animals of other species in limited research sampling

             (4)  For a research project in a calendar year:

                     (a)  no more than 200 animals of a particular species (or species and length) whose taking is not dealt with in subsection (3) may be taken; and

                     (b)  no more than 50 of those animals may be taken from a single research location.

Notifiable instrument

             (5)  The Authority may, by notifiable instrument, make a declaration for the purposes of subparagraph (3)(b)(ii).



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