Commonwealth Numbered Regulations - Explanatory Statements

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GREAT BARRIER REEF MARINE PARK AMENDMENT REGULATIONS 2002 (NO. 3) 2002 NO. 112

STATUTORY RULES 2002 No. 112

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 2002 (No. 3)

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 nor with a zoning plan, prescribing all matters required or convenient to be prescribed for carrying out or giving effect to this Act.

Paragraph 66(2)(ba) of the Act provides that regulations may be made to give effect to the enforcement provisions of an amendment of a plan of management.

Paragraph 66(2)(o) of the Act provides that regulations may be made to regulate the use of vessels in, and the passage of vessels through, the Marine Park, and the landing and use of aircraft in, and the flying of aircraft over, the Marine Park.

The purpose of the Regulations is to give effect to the amendments to two Plans of Management for the Cairns Area and Whitsundays and prescribe areas of the Whitsundays Planning Area as cruise ship anchorage areas.

The Regulations:

•       Give effect to the enforcement provisions of the Cairns Area Plan of Management and the Whitsundays Plan of Management as amended by the Cairns Area Plan of Management Amendment 2002 (No. 1) and the Whitsundays Plan of Management Amendment 2002 (No. 1) respectively.

•       Section 39ZG of the Act provides that the Authority may, in writing, prepare an amendment of a plan of management for the Great Barrier Reef Marine Park (the Marine Park). Both the Cairns Planning Area and the Whitsundays Planning Area are subject to high-density tourism and recreational activities. The Authority has prepared Plans of Management to manage the level of tourism and recreational activities and their associated impacts to the Planning Areas. The Cairns Area Plan of Management 1998 and the Whitsundays Plan of Management 1998 were gazetted on 28 June 1998. The Authority has subsequently made amendments to both Plans to further manage both access and usage of the Planning Areas and to implement management strategies for new or arising issues.

•       The Regulations also prescribe, for the purposes of the Whitsundays Plan of Management, those areas of the Whitsundays Planning Area that are designated as cruise ship anchorage areas.

•       Cruise ship anchorage areas are areas that have been set aside in the Whitsundays Planning Area for cruise ships to access with a permit. Cruise ship anchorages are areas which are likely to be safer for cruise ships to anchor and where the likelihood of adverse environmental impact is low.

The Regulations commence on gazettal.