Commonwealth Numbered Regulations - Explanatory Statements

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GREAT BARRIER REEF MARINE PARK AMENDMENT REGULATIONS 2002 (NO. 6) 2002 NO. 224

STATUTORY RULES 2002 No. 224

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. 6)

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)(a) of the Act provides for the making of regulations conferring functions on the Great Barrier Reef Marine Park Authority ("the Authority") for the purposes of the regulations.

Under the zoning plans for each Section of the Great Barrier Reef Marine Park, certain activities (for example, tourist programs, carrying out works, and programs for the taking of animals or plants) can only be carried out with permission of the Authority. The Great Barrier Reef Marine Park Regulations 1983 ("the principal Regulations") provide that the Authority may keep a register of permissions but did not previously provide for that register to be kept electronically, nor made available for inspection on the Internet.

The purpose of the Amendment Regulations is to provide for a register of permissions and related information which can be kept by electronic means and made available for inspection on the Internet.

The Amendment Regulations:

•       provide for a register of permissions and related information to be kept by the Authority;

•       enable the register to be kept in electronic form and to be made available for inspection on the Internet; and

•       provide for permit applications and associated information given to the Authority to be given in a form that can be included in the register.

Details of the Amendment Regulations are as follows.

Regulation 1 provides that the name of the Regulations is the Great Barrier Reef Marine Park Amendment Regulations 2002 (No. 6).

Regulation 2 provides that the Regulations commence on gazettal.

Regulation 3 provides that Schedule 1 amends the Great Barrier Reef Marine Park Regulations 83.

Schedule 1 - Amendments

Amendment 1 substitutes regulation 59A of the principal Regulations with a new regulation 59A as follows:

New Regulation 59A - Register of permissions and related information

Subregulation (1) provides that the Authority may keep a register of permissions and related information.

Subregulation (2) provides that the register may be kept solely in electronic form, or in any form that the Authority decides.

Subregulation (3) sets out information that may be included in the register.

Subregulation (4) defines the term "permission" for the purposes of regulation 59A.

Amendment 2 renumbers regulation 59B as subregulation 59B (1) so as to enable Amendment 3.

Amendment 3 inserts a new subregulation 59B (2) which provides that the register may be made available for inspection on the Internet.

Amendment 4 amends subregulations 59C (1) and (2) by adding "or information" after "a document'.

Amendment 5 inserts a new subregulation 59C (3) which provides that if the register is kept in electronic form, the Authority is taken to have given a copy of a document or information that is in the register if the Authority gives a printout of the document or information.

Amendment 6 inserts a new regulation 123A which provides that the Authority may require an application that is to be made, or a document or information that is to be given, to the Authority in writing to be made, or given, in an electronic form that meets particular information technology requirements.

The Regulations commence on gazettal.