Commonwealth Numbered Regulations - Explanatory Statements

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GREAT BARRIER REEF MARINE PARK AMENDMENT REGULATIONS 2001 (NO. 4) 2001 NO. 307

STATUTORY RULES 2001 No. 307

ISSUED BY AUTHORITY OF THE MINISTER FOR THE ENVIRONMENT AND HERITAGE

Great Barrier Reef Marine Park Act 1975

Great Barrier Reef Marine Park Amendment Regulations 2001 (No. 4)

Subsection 66(1) of the Great Barrier Reef Marine Park Act 1975 (the Act) provides that the Governor-General may make regulations, not inconsistent with this Act or with a zoning plan, prescribing all matters required or permitted by this Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to this Act. Paragraph 66(2)(e) of the Act provides for the making of regulations which regulate or prohibit acts (whether in the Great Barrier Reef Marine Park (the Marine Park) or elsewhere' that may pollute water in a manner harmful to animals or plants in the Marine Park.

The purpose of the amendment Regulations is to regulate the discharge of sewage from vessels in the Marine Park.

Subsection 38J(1) of the Act provides that it is an offence for a person. to intentionally or negligently discharge waste in the Marine Park where that discharge is not authorised by a permission which is granted or transferred under the regulations and is of a kind declared by the regulations to be a permission to which this section applies. Subsection 38J(1A) goes on to state that subsection (1) does not apply if the discharge is sewage.

Regulation 45A of the Great Barrier Reef Marine Park Regulations 1983 (the principal Regulations) provides that it is an offence for a person to intentionally or negligently discharge sewage in the Marine Park. Paragraph 45A(2)(a) provides exemptions to the offence where the discharge is from a vessel or aircraft:

(i)       that does not contain a storage tank designed for storing sewage; or

(ii)       that contains a storage tank designed for storing sewage, if the vessel or aircraft is more than 500 metres seawards from the seaward edge of the nearest reef; or

(iii)       if the discharge was for the purpose of saving life at sea or securing the safety of the vessel or aircraft.

Paragraph 45A(2)(b) also provides an exemption to the offence if the discharge of sewage occurred in a zone for which the zoning plan provides for the zone to be used or entered for that purpose.

Under the amendment Regulations, on 1 January 2004 the exemptions to the offence provision will be repealed, and vessels or aircraft will only be allowed to discharge sewage in the Marine Park:

(i)       if the vessel is surveyed to carry up to 6 passengers; or

(ii)       if the vessel or aircraft is more than 1,000 metres seawards from the mean

low water mark of an island or the mainland or is more than 1,000 metres seawards from the seaward edge of the nearest reef; or

(iii)       if the sewage has received tertiary treatment prior to discharge; or

(iv)       if the discharge is necessary for the purpose of securing the safety of the vessel or aircraft, or for the purpose of saving life at sea.

The amendment Regulations also insert a note at the end of subregulation 45A(2) of the principal Regulations which clarifies that a defendant bears an evidential burden for matters in subregulation (2), and refers to subsection 13.3(3) of the Criminal Code. This is to ensure that the offence provision is interpreted by the courts in the same manner after the commencement of Chapter 2 of the Criminal Code.

Finally the amendment Regulations update the principal Regulations by including a reference to public environment reports and environmental impact statements prepared under the provisions of the Environment Protection and Biodiversity Conservation Act 1999.

A Regulation Impact Statement, in a form approved by the Office of Regulation Review, is included at Attachment 1.

Schedule 1 of the amendments Regulations commence on gazettal.

Schedule 2 of the amendment Regulations will commence on 1 January 2004. This will enable boat owners to purchase sewage holding devices and/or make structural changes to their vessels.

REGULATION IMPACT STATEMENT

AMENDMENT OF THE GREAT BARRIER REEF MARINE PARK REGULATIONS WITH REGARD TO THE DISCHARGE OF SEWAGE

PREPARED BY THE GREAT BARRIER REEF MARINE PARK AUTHORITY

INTRODUCTION

The object of the Great Barrier Reef Marine Park Act 1975 ("the Act") is to make provision for and in relation to the establishment, control, care and development of a marine park in the Great Barrier Reef Region.

Subsection 38J(1) of the Act (as amended by the Great Barrier Reef Marine Park Amendment Act 2001 ("the Amendment Act")) states that a person is guilty of an offence if:

(a)       the person intentionally or negligently discharges waste in the Marine Park; and

(b)       the discharge is not authorised by a permission Chat:

(i)       is granted or transferred to the person under the regulations; and

(ii)       is of a kind declared by the regulations to be a permission to which this section applies.

Subsection 38J(1A) goes on to state that subsection (1) does not apply if the discharge is sewage.

WHAT IS THE PROBLEM BEING ADDRESSED

The provisions of section 38J of the Act (as amended) do not adequately protect sensitive marine environments in the Great Barrier Reef Marine Park ("'the Marine Park") from the effects of sewage. Sewage contains pathogens that are a risk affect human health, and nutrients and other compounds that can adversely impact on coral reef, seagrasses, and other benthic communities.

The proposed regulations make it an offence for a person to negligently or intentionally discharge sewage in the Marine Park except in certain specified circumstances. Upon commencement of the proposed regulations, the offence provision will not apply to a vessel or aircraft that does not contain sewage storage tanks or, if it does contain a sewage storage tank, provided the discharge occurs more than 500 metres seawards from the seaward edge of the nearest reef. However, on 1 January 2004, the exceptions to the offence provision will be repealed, and the regulation of sewage discharge in the Marine Park will become more restrictive.

OBJECTIVES

What options for dealing with the problem were considered?

The regulation of sewage discharge in the Marine Park was the only option considered to address this issue. However, the regulations will be complemented by a comprehensive education program.

IMPACT ANLYSIS

Who is likely to be affected?

The proposed regulations coming into immediate effect will apply to those users of the Marine Park whose vessels contain a sewage storage tank but they choose not to discharge more than 500 metres seawards from the seaward edge of the nearest reef. These users were subject to similar provisions prior to the Amendment Act.

The proposed regulations coming into effect on 1 January 2004, will introduce a requirement for all vessels, surveyed for greater than six persons, to manage sewage onboard whilst transiting "no discharge" area within 1000 metres of land, island of reef. Owners of these vessels will be required to install some form of sewage management device.

Sewage management devices vary significantly in cost, dependent upon the requirements of the user and the degree of modification to the vessel. Sewage management devices range from basic systems costing approximately $200 to more complex systems, such as dedicated holding tanks and require a degree of vessel modification.

Vessels surveyed for greater than six persons make up 13% (approximately) of 160,759 registered Queensland vessels.

The regulations will also contain an exemption for vessels that are able to treat sewage to a tertiary level. The intent of this provision is to encourage the development of higher quality sewage treatment devices in the medium to long term' and remove the need for storage of sewage onboard vessels.

CONSULTATION

The Authority has developed the proposed vessel sewage regulations in cooperation with the Queensland Department of Transport ("QDOT"). QDOT has conducted a comprehensive public consultation program. The program included two rounds of public consultation, distribution of an options paper for public comment, public meetings and presentations at boating and industry conventions.

The Authority has also consulted directly with key industry groups and sought submissions from a number of targeted stakeholder groups. The responses were generally supportive of the proposed regulations. The main issues related to introduction dates for the regulations and the types of vessel that would be required to comply with the regulations.

IMPLEMENTATION AND REVIEW

There will be a two staged approach to introduction of the regulations. The first stage will come into immediate effect (upon commencement of the Amendment Act) and the second stage will come into effect on 1 January 2004, providing users with time to upgrade vessels and infrastructure.

The Authority will conduct a public education program to inform users of the requirements of the proposed regulations and measures by which users can comply with the regulations.

CONCLUSIONS

The further regulation of sewage will enhance the protection of the Great Barrier Reef Marine Park.

It is recommended that the Great Barrier Reef Marine Park Regulations 1983 be amended to include a sewage discharge regime, such regime becoming more restrictive over time.