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GREAT BARRIER REEF MARINE PARK AMENDMENT REGULATIONS 2004 (NO. 2) 2004 NO. 39
STATUTORY RULES 2004 NO. 39
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 2004 (No. 2)
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 the Act or with a zoning plan, prescribing all matters required or permitted by the Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Other relevant regulation-making powers are set out in Attachment A.
The Great Barrier Reef Marine Park Zoning Plan 2003 (the Zoning Plan) was tabled in both houses of Parliament on 3 December 2003. Zoning plans are broad scale planning and management tools for the Great Barrier Reef Marine Park (the Marine Park). Zoning plans set out the purposes for which zones may be used or entered "as of right" and those purposes for which permission is required. The following zoning plans, as amended and in force immediately before the commencement of the Zoning Plan, will be revoked by the Zoning Plan:
(a) the Central Section Zoning Plan that came into operation on 1 October 1987;
(b) the Mackay/Capricorn Section Zoning Plan that came into operation on 1 August 1988;
(c) the Cairns Section Zoning Plan that came into operation on 3 April 1992;
(d) the Far Northern Section Zoning Plan that came into operation on 15 April 2002; and
(e) the Gumoo Woojabuddee Section Zoning Plan that came into operation on 20 December 2002.
When the Great Barrier Reef Marine Park Authority (the Authority) prepares a Zoning Plan, it is required to invite interested persons to make submissions to the Authority in connection with the proposed plan pursuant to section 32 of the Act. Such consultation is required for a period of no less than one month, and is required at two stages; that is, before and after a draft zoning plan is prepared. Consultation occurred at both stages with respect to the Zoning Plan.
The purpose of the Regulations is primarily to support the new Zoning Plan, namely to:
• prescribe the matters which are to be addressed when applying for a relevant permission to conduct an activity in the Marine Park;
• outline the matters that the Authority must take into account when considering an application for a relevant permission to conduct an activity in the Marine Park;
• prescribe mechanisms for the accreditation of educational or research institutions, harvest fisheries, and Traditional Use of Marine Resources Agreements (TUMRA). A TUMRA is an agreement by a traditional owner group for the traditional use of marine resources in a site or area of the Marine Park;
• define terms used in the Zoning Plan and prescribe limitations or conditions for the conduct of activities in the Marine Park;
• prescribe the "any other purpose" activities for which permission is not able to be granted;
• prescribe the activities for which the Remote Natural Area may not be used or entered; and
• declare, in addition to those declared in the Zoning Plan, the additional kinds of Special Management Areas (SMA), the areas to be covered by the various kinds of Special Management Area, and prescribe the special management provisions that are to apply to each of the Special Management Areas.
The Regulations also:
• renumber the provisions of the Great Barrier Reef Marine Park Regulations 1983 (the Principal Regulations);
• amend the Great Barrier Reef Marine Park (Aquaculture) Regulations 2000 in order to correct a drafting error; and
• make other consequential amendments in order to give effect to the above.
Details of the Regulations are set out in Attachment B.
The Act specifies no conditions that need to be met before the power to make the Regulations may be exercised.
Regulations 1, 2 and 4 and Schedule 3 will commence on the day on which the Regulations are notified in the Gazette. Regulation 3 and Schedules 1 and 2 will commence on 1 July 2004 to coincide with the commencement of the Zoning Plan.
Attachment A
Subsection 66(2) of the Great Barrier Reef Marine Park Act 1975 (the Act) provides that regulations may be made:
• providing for giving effect to, and enforcing the observance of, zoning plans (paragraph 66(2)(b));
• providing for the protection and preservation of the Marine Park and property and things in the Marine Park (paragraph 66(2)(f));
• regulating the conduct of persons in the Marine Park (paragraph 66(2)(i));
• regulating or prohibiting the carrying on of any trade or commerce in the Marine Park (paragraph 66(2)(j));
• enabling a person who is alleged to have contravened a provision of the regulations to pay to the Authority, as an alternative to prosecution, a stated penalty that is not more than one-fifth of the maximum penalty by which a contravention of that provision is otherwise punishable (paragraph 66(2)(n));
• regulating 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 (paragraph 66(2)(o));
• regulating or prohibiting the taking of animals or plants into, or out of, the Marine Park (paragraph 66(2)(p));
• regulating or prohibiting the taking into the Marine Park, and use in the Marine Park, of weapons, traps, nets, snares, fishing apparatus and other devices (paragraph 66(2)(r));
• providing for the collection of specimens and the pursuit of research in the Marine Park (paragraph 66(2)(t)); and
• providing for the grant or issue of licences, permissions, permits and authorities, the conditions subject to which they are granted or issued, and the charging of fees by the Authority in respect of such licences, permissions, permits and authorities (paragraph 66(2)(u)).
Attachment B
Details of the Regulations are as follows:
Regulation 1 provides that the name of the Regulations is the Great Barrier Reef Marine Park Amendment Regulations 2004 (No. 2).
Regulation 2 provides that the regulations 1, 2 and 4 and Schedule 3 commence on the date on which these Regulations are notified in the Gazette. Regulation 3 and Schedules 1 and 2 commence on 1 July 2004.
Regulation 3 provides that Schedule 1 amends the Great Barrier Reef Marine Park Regulations 1983 (the Principal Regulations). This Regulation also provides that Schedule 2 amends the Principal Regulations, as amended by Schedule 1.
Regulation 4 provides that Schedule 3 amends the Great Barrier Reef Marine Park (Aquaculture) Regulations 2000.
Schedule 1 - Amendments of Great Barrier Reef Marine Park Regulations 1983
Amendment 1 omits regulation 3 from the Principal Regulations.
Regulation 3 currently states that the Great Barrier Reef Marine Park (Capricornia Section) Regulations (being Statutory Rules 1981 No. 108) and the Great Barrier Reef Marine Park (Cormorant Pass Section) Regulations (being Statutory Rules 1981 No. 347) are repealed. As these Regulations were repealed on 4 November 1983 by the Great Barrier Reef Marine Park Regulations 1983 (Statutory Rules 1983 No. 262), this regulation is no longer required.
Amendment 2 substitutes subregulation 4(1) of the Principal Regulations with a new subregulation 4(1).
New subregulation 4(1) defines key terms used in the Principal Regulations including, Act, Amalgamated Great Barrier Reef Section, authorisation, authority, bareboat operation, Cairns Planning Area, Defence Force, dory, Hinchinbrook Planning Area, holders, prescribed activity, primary commercial fishing vessel, relevant permission, tender commercial fishing vessel, TUMRA, Uniform Shipping Laws Code, Whitsunday Planning Area and Zoning Plan.
Amendment 3 omits the reference to "at the commencement of this subregulation" in subregulation 4(2) of the Principal Regulations, and replaces it with a reference to "7 June 2002".
The purpose of this amendment is to reflect that a reference to the Cairns Area Plan of Management 1998 or the Whitsundays Plan of Management 1998 is a reference to the Plans as amended on 7 June 2002.
Amendment 4 substitutes subregulation 4(3) of the Principal Regulations with new subregulations (2B) and (3).
New subregulation 4(2B) clarifies that a reference to a law of Queensland (including a Management Plan made under the Fisheries Act 1995 of Queensland) is a reference to that law as in force on 1 July 2004.
New subregulation 4(3) has been inserted as an aid to interpreting the Principal Regulations in circumstances where terms have been used both in the Regulations and the Zoning Plan. New subregulation 4(3) clarifies that, unless a contrary intention appears, a word or expression that is used in both the Principal Regulations and the Zoning Plan, and is defined in the Zoning Plan, has, in the application of the Principal Regulations to and in relation to the Amalgamated Great Barrier Reef Section, the same meaning as it has in the Zoning Plan.
Amendment 5 amends regulation 4 of the Principal Regulations by inserting a new subregulation (6). New subregulation 4(6) has been inserted as an aid to interpretation by clarifying that any geographic coordinates used in the Principal Regulations are expressed in terms of the Geocentric Datum of Australia (GDA94).
This amendment is necessary as section 3B of the Act has the effect that any geographic coordinates are determined by reference to the Australian Geodetic Datum as defined in Gazette No. 84 of 6 October 1966, unless the contrary intention appears.
Amendment 6 substitutes paragraph 5(b) of the Principal Regulations with a new paragraph 5(b). New paragraph 5(b) replaces the reference to the repealed Queensland Marine Act of 1958 of Queensland in that paragraph with a reference to the Transport Operations (Marine Safety) Act 1994 of Queensland.
Amendment 7 substitutes regulation 5A of the Principal Regulations with a new regulation 5A. The purpose of new regulation 5A is to declare certain members of staff or officers of the Great Barrier Reef Marine Park Authority (the Authority), the Australian Maritime Safety Authority, and the Queensland Department of Transport as prescribed officers for the purposes of that definition in subsection 38J(7) of the Act.
The effect of this amendment is that the prescribed officers will not be committing an offence for the discharge of waste under subsection 38J(1) of the Act if the discharge was for the purpose of combating specific incidents of pollution (paragraph 38J(5)(b) of the Act).
Amendment 8 amends the Principal Regulations by substituting Parts 2 and 3 with a new Part 3 (Amalgamated Great Barrier Reef Section) as follows:
New Division 3.1 - Preliminary
Amendment 8 inserts a new Division 3.1 (Preliminary) into the Principal Regulations and inserts new regulation 6A.
New regulation 6A - Definitions for Part
New Regulation 6A defines key terms used in Part 3 including Fisheries Regulation, representative Aboriginal/Torres Strait Islander body and Spanner Crab Plan.
New Division 3.2 - Zoning Plan - definitions and related matters
Amendment 8 inserts a new Division 3.2 (Zoning Plan - definitions and related matters) into the Principal Regulations and inserts new regulations 6E, 6I, 6J, 6M, 6O, 6P, 6R, 6U, 6X, 7C, 7G, 7K, 7O, 7P, 7R, 7S, 7W, 8A, 8E, 8I, 8M, 8Q, 8U, 9C, 9G, 9K, 9O, 9W, 10A, 10C, 10E, 10M, 10Q, 10U, 10Y, 11C, 11G, 11H, 11J, 11K, 11KA, 11L, 11LA, 11M, 11MA, 11N, 11NA, 11NB, 11NC, 11ND, 11O, 11OA, 11OB, 11P, 11PA, 11Q, 11QA, 11R, 11RA, 11S, 12I, 12M, 12N, 12P, 12Q, 12U and 12Y as follows:
New Regulation 6E - Accreditation of educational or research institutions
New subregulation 6E(1) allows the Authority to accredit an educational or research institution for the purposes of the Zoning Plan by publishing a notice in the Gazette if the Authority is satisfied that the institution has adopted appropriate environmental practices and standards (including instruction and training of personnel) and has an ongoing commitment to improve those practices and standards relating to research being undertaking in the Marine Park by the institution or on its behalf.
New subregulation 6E(2) allows the Authority to revoke the accreditation of an accredited educational or research institution issued under subregulation (1) by publishing a notice in the Gazette if the Authority is satisfied that the institution has ceased to hold appropriate environmental practices and standards or no longer has an ongoing commitment to improve those practices and standards.
New Regulation 6I - Accreditation of harvest fisheries
New subregulation 6I(1) allows the Authority to accredit a harvest fishery for the purposes of the Zoning Plan by publishing a notice in the Gazette in circumstances where the Authority is satisfied that the management arrangements for the fishery under the law of Queensland provide a sound basis for an ecologically sustainable harvest fishery in an area that is part of, or includes a part of, the Marine Park.
A harvest fishery is defined in the Dictionary to the Zoning Plan to mean the taking of fish, crustaceans or invertebrates in accordance with Queensland fisheries legislation in respect of any fishery declared for the purposes of this definition in the Regulations, and in accordance with any limitations prescribed in the Regulations. The harvest fisheries are declared in new regulation 7C.
New subregulation 6I(2) allows the Authority to revoke the accreditation of a harvest fishery issued under subregulation 6I(1) by publishing a notice in the Gazette if the Authority is satisfied that the management arrangements are no longer a sound basis for an ecologically sustainable fishery in an area that is part of, or includes a part of, the Marine Park, or the compliance arrangements for the fishery are not adequate, or are not being adequately enforced.
New Regulation 6J - Traditional use of marine resources agreements - development
New subregulation 6J(1) provides that an application for accreditation of a Traditional Use of Marine Resources Agreement (TUMRA) must be in writing, and must be accompanied by a copy of the TUMRA.
New subregulation 6J(2) outlines the information that an application for accreditation of a TUMRA must contain.
New subregulation 6J(3) outlines the information that a TUMRA must contain.
New subregulation 6J(4) clarifies that a TUMRA is not ineligible for accreditation only because it does not contain all of the information required by subregulation (3).
New subregulation 6J(5) allows the Authority, by notice in writing, to ask the person nominated in the accreditation application to receive notices on behalf of the applicants, to provide to the Authority further particulars (in writing) or further documents that the Authority considers necessary for the proper consideration of the application.
New subregulation 6J(6) clarifies that an application for accreditation of a TUMRA is taken to have lapsed if such information or further documents as requested under subregulation (5) is not provided to the Authority within 90 days after the receipt by the applicant of the notice (or such further time as the Authority allows).
New Regulation 6M - Accreditation of TUMRAs
New subregulation 6M(1) specifies that the Authority must not consider an application for accreditation of a TUMRA unless a relevant representative Aboriginal/Torres Strait Islander body has confirmed in writing that each member of the traditional owner group, in whose name the application is made, is a traditional owner.
New subregulation 6M(2) specifies the matters that the Authority must have regard to when considering an application for accreditation of a TUMRA.
New subregulation 6M(3) requires the Authority to grant, or refuse to grant, accreditation of a TUMRA in circumstances where an application for accreditation of a TUMRA has been made and the applicants have complied with any requirement or request made by the Authority in relation to the application.
New subregulation 6M(4) requires the Authority, when a decision is made to grant accreditation of a TUMRA, to also decide when the accredited TUMRA is to come into effect and when it is to cease to have effect.
New subregulation 6M(5) requires that, when the Authority decides to grant accreditation of a TUMRA, the Authority must provide to the holders, a copy of the accredited TUMRA, a written statement of when the accredited TUMRA is to come into effect and when it is to cease to have effect, and a written statement of any conditions imposed under new subregulation 6M(6).
New subregulation 6M(6) allows the Authority to grant accreditation of a TUMRA subject to conditions allowing the holders of an accredited TUMRA to grant authorities and specify the maximum number of persons to whom authorities may be given, or conditions appropriate to the attainment of the object of the Act. This may include a requirement that in specified circumstances, a person must give to the Authority a written undertaking in a form approved by the Authority.
New subregulation 6M(7) specifies the duration for which a TUMRA has effect by references to dates determined by the Authority pursuant to new subregulation 6M(4).
New subregulation 6M(8) clarifies that a TUMRA has no force or effect unless it is accredited by the Authority.
New Regulation 6O - Variation of condition of accredited TUMRA by Authority
New subregulation 6O(1) allows the Authority to vary a condition of an accredited TUMRA at any time by providing written notice to the holders of the TUMRA, so long as the variation is appropriate to the attainment of the object of the Act.
New subregulation 6O(2) clarifies that for the purposes of subregulation (1), service of the notice on the person whose name is specified in the TUMRA as the person to whom correspondence may be sent on behalf of the traditional owner group, is sufficient.
New subregulation 6O(3) clarifies that a variation of a condition of an accredited TUMRA under subregulation (1) comes into effect on the day specified in the notice; such a day being at least 28 days after the giving of the notice in order to allow the holders and other persons covered by the TUMRA sufficient time to be informed of the variation and (if necessary) to comply with the condition.
New subregulation 6O(4) allows the Authority to vary a condition of an accredited TUMRA at any time with the written consent of the holders of the TUMRA.
New subregulation 6O(5) clarifies that a variation of a condition of an accredited TUMRA under subregulation (4) comes into effect on the day determined by the Authority and specified in writing to the holders; such day being a day not earlier than the date of the written notice.
New subregulation 6O(6) clarifies that this regulation does not limit the Authority's power to impose or vary a condition in the circumstances set out in subregulation 55(1) or (2) or 56(1) of the Principal Regulations.
New Regulation 6P - Termination of accredited TUMRA by holders
New subregulation 6P(1) allows the holders of an accredited TUMRA to terminate the TUMRA at any time by providing written notice to the Authority of the holder's intention to do so.
New subregulation 6P(2) clarifies that where the holders have provided the Authority with such a written notice, the TUMRA ceases to have effect on the date of the notice, or any later date specified in the notice. However, such a date cannot be a date later than the date referred to in new paragraph 6M(4)(b) (being the date the accreditation of the TUMRA ceases to have effect).
New Regulation 6R - Bait Netting
The Dictionary to the Zoning Plan defines bait netting as netting using a net declared in the Regulations, and in accordance with any limitations prescribed in the Regulations. New regulation 6R declares the types of nets that can be used for bait netting and declares the limitations on the use of those nets for the purposes of this definition.
New Regulation 6U - Defence activities - definition for Zoning Plan
The Dictionary to the Zoning Plan defines defence activities as having the meaning given by the Regulations. New regulation 6U defines defence activities as being activities for defence purposes conducted by the Defence Force, conducted by an arm of the defence forces of another country that is in Australia with the approval of the Government of Australia, or conducted or authorised by the Department of Defence.
New Regulation 6X - Fishing or collecting
New subregulation 6X(1) defines possess, in relation to a thing, for the purposes of this regulation, as having custody or control of it or to have an ability to obtain custody or control of it.
The Dictionary to the Zoning Plan defines fishing or collecting as the taking of a plant, animal or marine product in accordance with any limitations prescribed in the Regulations. New subregulation 6X(2) prescribes, for the purposes of this definition, the limitations that are placed on those activities.
New subregulation 6X(3) outlines the exceptions to the requirement that a dory (a vessel that is used in association with a primary commercial fishing vessel) is not detached from its primary commercial fishing vessel whilst in the Marine National Park Zone of the Marine Park. The exceptions include the rescue or attempted rescue of an endangered person, and providing assistance to endangered aircraft, vessels or structures to prevent or mitigate damage to the environment or to the aircraft, vessel or structure.
New subregulation 6X(4) clarifies that the exceptions as set out in subregulation 6X(3) are each a defence to a prosecution under the Act.
New regulation 6X also inserts Table 6X into the Principal Regulations. This table sets out, for the purpose of regulation 6X, the restricted species for fishing or collecting in the Marine Park.
New Regulation 7C - Harvest fisheries
The Dictionary to the Zoning Plan defines harvest fishery as the taking of fish, crustaceans or invertebrates in accordance with Queensland fisheries legislation in respect of any fishery declared for the purposes of this definition in the Regulations, and in accordance with any limitations prescribed in the Regulations.
New regulation 7C declares various fisheries to be harvest fisheries for the purposes of the definition of harvest fishery in the Zoning Plan.
New Regulation 7G - Hook - definition for Zoning Plan
The Dictionary to the Zoning Plan defines hook as having the meaning given by the Regulations. New regulation 7G defines hook for the purposes of the Zoning Plan.
New Regulation 7K - Limited collecting
The Dictionary to the Zoning Plan defines limited collecting as collecting in accordance with any limitations prescribed in the Regulations. New regulation 7K prescribes that limited collecting is the collecting of an animal or plant of a species mentioned or referred to in Parts 1 or 2 of Table 6X, and sets out the prescribed limitations; namely, that collecting must be done by hand or with a hand-held implement that is not motorised nor pneumatically nor hydraulically operated.
New Regulation 7O - Limited impact research (extractive) - definition for Zoning Plan
New subregulation 7O(1) defines key terms used in this Regulation, including location, research project, and site.
The Dictionary to the Zoning plan defines limited impact research (extractive) as having the meaning given by the Regulations. New subregulation 7O(2) defines what constitutes limited impact research (extractive) for the purposes of the Zoning Plan. This term includes research that involves the taking of an animal, plant or marine product by limited research sampling, and the installation and operation of minor research aids.
New subregulation 7O(3) defines limited research sampling for the purposes of new subregulation 7O(2).
New subregulation 7O(4) defines minor research aids for the purposes of new subregulation 7O(2).
New subregulation 7O(5) sets out the limitations that are imposed on the installation and operation of minor research aids as provided for in sub-subparagraph 7O(2)(a)(ii)(B).
New subregulation 7O also inserts new Table 7O-1 which specifies the animal species limited by number for limited research sampling, and new Table 7O-2 which specifies the plant species limited by number for limited research sampling.
New Regulation 7P - Limited impact research (non-extractive) - definition for Zoning Plan
The Dictionary to the Zoning Plan defines limited impact research (non-extractive) as having the meaning given by the Regulations.
New subregulation 7P(1) defines research project for the purposes of this regulation.
New subregulation 7P(2) defines limited impact research (non-extractive) for the purposes of the Zoning Plan.
New Regulation 7R - Limited spearfishing
The Dictionary to the Zoning Plan defines limited spearfishing as fishing with a spear or speargun, not using a powerheard, a firearm, a light, or underwater breathing apparatus other than a snorkel, and in accordance with any limitations prescribed in the Regulations.
New regulation 7R sets out, for the purposes of the definition of limited spearfishing in the Zoning Plan, the limitations that are prescribed for that activity.
New Regulation 7S - Limited trapping
The Dictionary to the Zoning Plan defines limited trapping as trapping in accordance with any limitations prescribed in the Regulations. New subregulation 7S(1) specifies, for the purposes of the definition of limited trapping in the Zoning Plan, the conditions and limitations that are prescribed for that activity.
New subregulation 7S(2) clarifies that, for the purposes of paragraph 7S(1)(a), crab pots, dillies and inverted dillies have the same respective meanings as in the Fisheries Regulation 1995 of Queensland (Fisheries Regulations).
New Regulation 7W - Managed vessel or aircraft
The Dictionary to the Zoning Plan defines managed vessel or aircraft as a vessel, aircraft or other craft that is declared for the purposes of this definition in the Regulations. New regulation 7W declares that hovercraft, wing-in-ground-effect craft, and hydrofoils are managed vessels or aircraft for the purposes of the Zoning Plan.
New Regulation 8A - Mission Beach Leader Prawn Broodstock Capture Area
The Dictionary to the Zoning Plan defines the Mission Beach Leader Prawn Broodstock Capture Area as the area declared for the purposes of this definition in the Regulations. New regulation 8A sets out the boundary description for the Mission Beach Leader Prawn Broodstock Capture Area for the purposes of that definition in the Zoning Plan.
New Regulation 8E - Motorised watersports - definition for Zoning Plan
The Dictionary to the Zoning Plan defines motorised watersports as having the meaning given by the Regulations. New regulation 8E defines motorised watersports for the purposes of the Zoning Plan.
New Regulation 8I - Netting
The Dictionary to the Zoning Plan defines netting as netting in accordance with any limitations prescribed in the Regulations. New regulation 8I declares, for the purposes of the definition of netting in the Zoning Plan, the conditions or limitations that are prescribed for this activity.
New Regulation 8M - Pelagic species
The Dictionary to the Zoning Plan defines pelagic species as a species declared for the purposes of this definition in the Regulations. New regulation 8M declares the pelagic species for that definition in the Zoning Plan.
New Regulation 8Q - Photography, filming or sound recording - definition for zoning plan
The Dictionary to the Zoning Plan defines photography, filming or sound recording as having the meaning given by the Regulations (including any limitations prescribed in the Regulations). New regulation 8Q defines photography, filming or sound recording for the purposes of the Zoning Plan and sets out the prescribed limitations.
New Regulation 8U - Protected Species
The Dictionary to the Zoning Plan defines protected species as a species declared for the purposes of this definition in the Regulations, and subject to any limitation prescribed in the Regulations.
New subregulation 8U(1) declares the species that are prescribed as protected species for the purposes of the definition in the Zoning Plan.
New subregulation 8U(2) clarifies that an individual of a species of the Genus Ephinephelus (other than E. tukula or E. lanceolatus, the Potato Cod and the Queensland Grouper, respectively) is taken to be of a protected species if the individual is more than 1,000 millimetres long.
New regulation 8U also inserts new Table 8U into the Principal Regulations. This Table sets out species which are to be a protected species for the purposes of new paragraph 8U(1)(c).
New Regulation 9C - Queensland fisheries legislation
The Dictionary to the Zoning Plan defines Queensland fisheries legislation as meaning the laws of Queensland prescribed for the purposes of this definition in the Regulations. New regulation 9C prescribes which laws of Queensland are to be prescribed as Queensland fisheries legislation for the purposes of the Zoning Plan.
New Regulation 9G - Ship - definition for Zoning Plan
The Dictionary to the Zoning Plan defines ship as having the meaning given by the Regulations. New regulation 9G sets out the definition of ship for the purposes of the Zoning Plan.
New Regulation 9K - "Stowed or secured"
The Dictionary to the Zoning Plan defines stowed or secured as meaning, in relation to equipment for fishing or collecting, such equipment being rendered inoperative and stowed or secured and otherwise in accordance with any requirements prescribed in the Regulations. New regulation 9K sets out the requirements that are prescribed for the purposes of that definition with respect to trawl fishing apparatus.
New Regulation 9O - Traditional owner and traditional owner group - definitions for Zoning Plan
The Dictionary to the Zoning Plan defines traditional owner as having the meaning given by the Regulations. New regulation 9O defines traditional owner for the purposes of the Zoning Plan.
The Dictionary to the Zoning Plan defines traditional owner group as having the meaning given by the Regulations. New regulation 9O also defines traditional owner group for the purposes of the Zoning Plan.
New Regulation 9W - Trapping
The Dictionary to the Zoning Plan defines trapping as trapping in accordance with any limitations prescribed in the Regulations. New regulation 9W prescribes, for the purposes of the definition in the Zoning Plan, the conditions or limitations that are prescribed for this activity.
New Regulation 10A - Trawling
The Dictionary to the Zoning Plan defines trawling as trawling in accordance with any limitation prescribed in the Regulations. New regulation 10A prescribes compliance with the Fisheries (East Coast Trawl) Management Plan 1999 of Queensland as the limitation for this definition.
New Regulation 10C - Vessel or aircraft charter operation - definition for zoning plan
The Dictionary to the Zoning Plan defines vessel or aircraft charter operation as having the meaning given by the Regulations. New regulation 10C defines vessel or aircraft charter operation for the purposes of the Zoning Plan.
New Regulation 10E - General Use Zone - activities
Paragraph 2.2.4(o) of the Zoning Plan provides that, subject to Part 3 (Remote Natural Area), Part 4 (Designated Areas) and Part 5 (Additional purposes for use and entry), the written permission of the Authority is required to use or enter the General Use Zone for any other purpose that is consistent with the objective mentioned in section 2.2.2 for the zone and is not mentioned in section 2.2.3, other than an activity declared for the purposes of this paragraph in the Regulations.
New regulation 10E declares the activities for the purposes of paragraph 2.2.4(o) of the Zoning Plan.
New Regulation 10M - Habitat Protection Zone - activities
Paragraph 2.3.4(o) of the Zoning plan provides that, subject to
Part 3 (Remote Natural Area), Part 4 (Designated Areas) and Part 5 (Additional purposes for use and entry), the written permission of the Authority is required to use or enter the Habitat Protection Zone for any other purpose that is consistent with the objective mentioned in section 2.3.2 for the zone and is not mentioned in section 2.3.3, other than an activity declared for the purposes of this paragraph in the Regulations.
New regulation 10M declares the activities for the purposes of paragraph 2.3.4(o) of the Zoning Plan.
New Regulation 10Q - Conservation Park Zone - activities
Paragraph 2.4.4(n) of the Zoning Plan provides that, subject to Part 3 (Remote Natural Area), Part 4 (Designated Areas) and Part 5 (Additional purposes for use and entry), the written permission of the Authority is required to use or enter the Conservation Park Zone for any other purpose that is consistent with the objective mentioned in section 2.4.2 for the zone and is not mentioned in section 2.4.3, other than an activity declared for the purposes of this paragraph in the Regulations.
New regulation 10Q declares the activities for the purposes of paragraph 2.4.4(n) of the Zoning Plan.
New Regulation 10U - Buffer Zone - activities
Paragraph 2.5.4(k) of the Zoning Plan provides that, subject to Part 3 (Remote Natural Area), Part 4 (Designated Areas) and Part 5 (Additional purposes for use and entry), the written permission of the Authority is required to use or enter the Buffer Zone for any other purpose that is consistent with the objective mentioned in section 2.5.2 for the zone and is not mentioned in section 2.5.3, other than an activity declared for the purposes of this paragraph in the Regulations.
New regulation 10U declares the activities for the purposes of paragraph 2.5.4(k) of the Zoning Plan.
New Regulation 10Y - Scientific Research Zone - activities
Paragraph 2.6.4(l) of the Zoning Plan provides that, subject to Part 3 (Remote Natural Area), Part 4 (Designated Areas) and Part 5 (Additional purposes for use and entry), the written permission of the Authority is required to use or enter the Scientific Research Zone for any other purpose that is consistent with the objective mentioned in section 2.6.2 for the zone and is not mentioned in section 2.6.3, other than an activity declared for the purposes of this paragraph in the Regulations.
New regulation 10Y declares the activities for the purposes of paragraph 2.6.4(l) of the Zoning Plan.
New Regulation 11C - Marine National Park Zone - activities
Paragraph 2.7.4(l) of the Zoning Plan provides that, subject to Part 3 (Remote Natural Area), Part 4 (Designated Areas) and Part 5 (Additional purposes for use and entry), the written permission of the Authority is required to use or enter the Marine National Park Zone for any other purpose that is consistent with the objective mentioned in section 2.7.2 for the zone and is not mentioned in section 2.7.3, other than an activity declared for the purposes of this paragraph in the Regulations.
New regulation 11C declares the activities for the purposes of paragraph 2.7.4(l) of the Zoning Plan.
New Regulation 11G - Preservation Zone - activities
Paragraph 2.8.4(b) of the Zoning Plan provides that, subject to Part 3 (Remote Natural Area), Part 4 (Designated Areas) and Part 5 (Additional purposes for use and entry), the written permission of the Authority is required to use or enter the Preservation Zone for any other purpose that is consistent with the objective mentioned in section 2.8.2 for the zone and is not mentioned in section 2.8.3, other than an activity declared for the purposes of this paragraph in the Regulations.
New regulation 11G declares the activities for the purposes of paragraph 2.8.4(b) of the Zoning Plan.
New Regulation 11H - Remote Natural Area - purposes for which the area may not be used or entered
Paragraph 3.3(b) of the Zoning Plan provides, inter alia, that despite anything in Part 2 (Zones), but subject to Part 4 (Designated Areas) and Part 5 (Additional purpose for use or entry), the Remote Natural Area may not be used or entered for any other purpose declared for the purposes of this paragraph in the Regulations.
New regulation 11H declares, for the purposes of paragraph 3.3(b) of the Zoning Plan, the purposes for which the Remote Natural Area may not be used or entered.
New Regulation 11J - Special Management Areas - types
Paragraph 4.2.1(b) of the Zoning Plan provides, inter alia, that the Regulations may designate an area (being part or parts of a zone, or of more than 1 zone) as a Special Management Area ("SMA").
New regulation 11J declares, for section 4.2.1 of the Zoning Plan, the additional types of SMAs; being a Species Conservation (Dugong Protection) SMA, a Seasonal Closure (Offshore Ribbon Reefs) SMA, a No Dories Detached (Offshore Ribbon Reefs) SMA; a Restricted Access SMA, a Public Appreciation SMA, a No Dories Detached (Marine National Park Zone) SMA, a One Dory Detached (Conservation Park Zone) SMA, and a One Dory Detached (Buffer Zone) SMA.
New Regulation 11K - Species Conservation (Dugong Protection) SMAs - declaration
New subregulation 11K(1) provides that the areas described in Parts 1 and 2 of Table 11K are declared to be the Hinchinbrook Island Area Species Conservation (Dugong Protection) SMA.
New subregulation 11K(2) provides that the areas described in Parts 3 and 4 of Table 11K are declared to be the Lucinda to Allingham - Halifax Bay Species Conservation (Dugong Protection) SMA.
New subregulation 11K(3) provides that the areas described in Parts 5 and 6 of Table 11K are declared to be the Cleveland Bay - Magnetic Island Species Conservation (Dugong Protection) SMA.
New subregulation 11K(4) provides that the areas described in Parts 18, 19 and 20 of Table 11K are declared to be the Port of Gladstone - Rodds Bay Species Conservation (Dugong Protection) SMA.
New subregulation 11K(5) provides that the area described in each other Part of Table 11K is declared to be a Species Conservation (Dugong Protection) SMA having the name set out in the Part heading.
New regulation 11K also inserts new Table 11K into the Principal Regulations which sets out the boundary descriptions for each of the Species Conservation (Dugong Protection) SMAs.
New Regulation 11KA - Species Conservation (Dugong Protection) SMAs - special management provisions
New regulation 11KA prescribes the special management provisions that are to apply to the Species Conservation (Dugong Protection) SMAs for the purposes of section 4.2.3 of the Zoning Plan.
New Regulation 11L - Seasonal Closure (Offshore Ribbon Reefs) SMAs - declaration
New subregulation 11L(1) provides that the area described in each of Parts 1 to 3 of Table 11L is a Seasonal Closure (Offshore Ribbon Reefs) SMA having the name set out in the Part heading.
New subregulation 11L(2) provides that each location mentioned in Part 4 of Table 11L is a Seasonal Closure (Offshore Ribbon Reefs) SMA having as its name the name of the location followed by the words "Seasonal Closure (Offshore Ribbon Reefs) SMA".
New regulation 11L also inserts new Table 11L into the Principal Regulations. Parts 1 to 3 of the Table sets out the boundary descriptions for three Seasonal Closure (Offshore Ribbon Reefs) SMAs and Part 4 of the Table describes the Locations of two other such SMAs by reference to Part 4 of Schedule 1 to the Zoning Plan.
New Regulation 11LA - Seasonal Closure (Offshore Ribbon Reefs) SMAs - special management provisions
New regulation 11LA prescribes the special management provisions that are to apply to the Seasonal Closure (Offshore Ribbon Reefs) SMAs for the purposes of section 4.2.3 of the Zoning Plan.
New Regulation 11M - No Dories Detached (Offshore Ribbon Reefs) SMAs - declaration
New regulation 11M provides that the area described in each Part of Table 11M is a No Dories Detached (Offshore Ribbon Reefs) SMA having the name set out in the Part heading.
New regulation 11M also inserts new Table 11M into the Principal Regulations which sets out the boundary descriptions for each of the No Dories Detached (Offshore Ribbon Reefs) SMAs.
New Regulation 11MA - No Dories Detached (Offshore Ribbon Reefs) SMAs - special management provision
New regulation 11MA prescribes the special management provision that is to apply to the No Dories Detached (Offshore Ribbon Reefs) SMAs for the purposes of section 4.2.3 of the Zoning Plan.
New Regulation 11N - Restricted Access SMAs - declaration
New subregulation 11N(1) provides that the area described in each of Parts 1 to 3 of Table 11N is declared to be a Restricted Access SMA having the name set out in the Part heading.
New subregulation 11N(2) provides that each location mentioned in Part 4 of Table 11N is declared to be a Restricted Access Area having as its name the name of the Location followed by the words "Restricted Access SMA".
New regulation 11N also inserts a new Table 11N into the Principal Regulations. Parts 1 to 3 of the Table set out the boundary descriptions for three Restricted Access SMAs and Part 4 of the Table describes the Locations of two other such SMAs by reference to Part 5 of Schedule 1 to the Zoning Plan.
New Regulation 11NA - Restricted Access SMAs - special management provision
New regulation 11NA prescribes, subject to new regulations 11NB, 11NC, and 11ND, and despite Part 2 of the Zoning Plan, the special management provision that is to apply to the Restricted Access SMAs for the purposes of section 4.2.3 of the Zoning Plan.
New Regulation 11NB - Raine Island Reef, Moulter Cay Reef and MacLennan Cay Reef Restricted Access SMAs - exceptions to special management provision
New regulation 11NB sets out exceptions to the special management provision prescribed in new regulation 11NA, for the Raine Island Restricted Access SMA, the Moulter Cay Reef (11-030) Restricted Access SMA, and the MacLennan Cay Reef (11-070) Restricted Access SMA.
New Regulation 11NC - Australian Institute of Marine Science Restricted Access SMA - exceptions to special management provision
New regulation 11NC sets out exemptions to the special management provision prescribed in new regulation 11NA, for the Australian Institute of Marine Science Restricted Access SMA.
New Regulation 11ND - One Tree Island Reef Restricted Access SMA - exceptions to special management provision
New regulation 11ND sets out exemptions to the special management provision prescribed in new regulation 11NA, for the One Tree Island Reef Restricted Access SMA.
New Regulation 11O - Public Appreciation SMAs - declaration
New subregulation 11O(1) provides that the area described in each of Parts 1 to 8 of Table 11O is declared to be a Public Appreciation SMA having the name set out in the Part heading.
New subregulation 11O(2) provides that each location described in Part 9 of Table 11O is declared to be a Public Appreciation SMA having as its name the name of the Location followed by the words "Public Appreciation SMA".
New regulation 11O also inserts new Table 11O into the Principal Regulations. Parts 1 to 8 of the Table sets out the boundary descriptions for eight Public Appreciation SMAs and Part 9 of the Table describes the Locations of 10 other such SMAs by reference to Part 3 of Schedule 1 to the Zoning Plan.
New Regulation 11OA - Public Appreciation SMAs (other than Whitsundays Public Appreciation SMA) - special management provisions
New subregulation 11OA(1) prescribes the special management provisions that are to apply to the Public Appreciation SMAs (other than the Whitsundays Public Appreciation SMA) for the purposes of section 4.2.3 of the Zoning Plan. The special management provisions that are to apply to the Whitsundays Public Appreciation SMA are set out in new regulation 11OB.
New subregulation 11OA(2) provides that the special management provision restricting the Public Appreciation SMAs being used or entered for the purpose of aquaculture operations does not apply to the Public Appreciation SMA at Fitzroy Island Reef (CP-16-4039).
New Regulation 11OB - Whitsundays Public Appreciation SMA - special management provisions
New regulation 11OB prescribes the special management provisions that are to apply to those parts of the Whitsundays Public Appreciation SMA that are in the Conservation Park Zone for the purposes of section 4.2.3 of the Zoning Plan.
New Regulation 11P - No Dories Detached (Marine National Park Zone) SMAs - declaration
New regulation 11P declares that each location mentioned or referred to in Part 6 of Schedule 1 to the Zoning Plan is declared to be a No Dories Detached (Marine National Park Zone) SMA having as its name the name of the Location followed by the words "No Dories Detached (Marine National Park Zone) SMA".
New Regulation 11PA - No Dories Detached (Marine National Park Zone) SMAs - special management provision
New subregulation 11PA(1) prescribes the special management provision that is to apply to the No Dories Detached (Marine National Park Zone) SMAs for the purposes of section 4.2.3 of the Zoning Plan.
New subregulation 11PA(2) sets out a number of exceptions to the special management provision that applies to the No Dories Detached (Marine National Park Zone) SMAs.
New Regulation 11Q - One Dory Detached (Conservation Park Zone) SMAs - declaration
New regulation 11Q provides that each location mentioned or referred to in Part 3 of Schedule 1 to the Zoning Plan is declared to be a One Dory Detached (Conservation Park Zone) SMA having as its name the name of the Location followed by the words "One Dory Detached (Conservation Park Zone) SMA".
New Regulation 11QA - One Dory Detached (Conservation Park Zone) SMAs - special management provision
New regulation 11QA prescribes the special management provision that is to apply to the One Dory Detached (Conservation Park Zone) SMAs for the purposes of section 4.2.3 of the Zoning Plan.
New Regulation 11R - One Dory Detached (Buffer Zone) SMAs - declaration
New regulation 11R provides that each location mentioned or referred to in Part 4 of Schedule 1 to the Zoning Plan (except for the areas described in Parts 1 and 2 of new Table 11M) is declared to be a One Dory Detached (Buffer Zone) SMA having as its name the name of the Location followed by the words "One Dory Detached (Buffer Zone) SMA".
New Regulation 11RA - One Dory Detached (Buffer Zone) SMAs - special management provisions
New subregulation 11RA(1) prescribes the special management provisions that are to apply to the One Dory Detached (Buffer Zone) SMAs for the purposes of section 4.2.3 of the Zoning Plan.
New subregulation 11RA(2) prescribes that the special management provisions as prescribed by subregulation (1) only apply to the areas described in Parts 1 to 4 of Table 11L (Seasonal Closure (Offshore Ribbon Reefs) SMA) during September, October, November and December in a year.
New Regulation 11S - Princess Charlotte Bay SMA - special management provisions
Paragraph 4.2.1(1)(a) of the Zoning Plan declares the Princess Charlotte Bay Special Management Area.
New subregulation 11S(1) defines primary commercial fishing boat licence and specified area for the purposes of new regulation 11S.
Section 4.2.4 of the Zoning Plan provides that despite anything in Part 2 (Zones), but subject to Part 4 (Designated Area) and Part 5 (Additional purposes for use or entry), the written permission of the Authority is required to use or enter the Princess Charlotte Bay Special Management Area for netting (other than bait netting), in accordance with any limitations prescribed in the Regulations.
New subregulation 11S(2) prescribes, for the purposes of section 4.2.4 of the Zoning Plan, the limitations that have to be satisfied in order for the Authority to be able to grant a permission to a person to use or enter the Princess Charlotte Bay SMA for netting (other than bait netting).
New subregulation 11S(3) specifies what information, in addition to the information required by subregulation 14E(2), must accompany an application for permission to use or enter the Princess Charlotte Bay SMA for netting (other than bait netting).
New subregulation 11S(4) specifies, for the purposes of subregulation (3), the type of documents that will be accepted as adequate evidence to satisfy the criteria in new subregulation 11S(2).
New subregulation 11S(5) specifies the documents that are specified for the purposes of paragraph (4)(b).
New Regulation 12I - Emergency Special Management Areas
Subsection 4.2.1(2) of the Zoning Plan provides that, for the purposes of dealing with a situation requiring immediate management action, the Authority may designate, without public consultation, a Special Management Area for a period of not more than 120 days (extendible for up to a further 60 days) in the circumstances, and in the manner, prescribed by the Regulations.
For the purposes of subsection 4.2.1(2) of the Zoning Plan, new subregulation 12I(1) sets out the circumstances in which the Authority may designate an Emergency Special Management Area. Such circumstances include the conservation of one or more species, conservation of natural resources, protection of cultural or heritage values, public safety, and emergency situations requiring immediate management action.
New subregulation 12I(2) provides that the designation of an Emergency Special Management Area may encompass part or parts of a Zone, or of more than one Zone.
New subregulation 12I(3) sets out the information that the designation of an area as an Emergency Special Management Area must contain. Such information is to include the area to be designated, the special management provisions that will apply to the area, and the period during which those provisions will apply to the area.
New subregulation 12I(4) requires that the Authority must publish a notice of the designation in the Gazette and in one or more of the following: a newspaper that circulates generally in Queensland, a local newspaper that circulates in the part of Queensland adjacent to the Marine Park that is designated, or the Authority's website.
New subregulation 12I(5) requires that the notice published under new subregulation 12I(4)(b) must state that it is an offence to fail to comply with the special management provisions that apply to the area.
New subregulation 12I(6) specifies that the designation of an Emergency Special Management Area takes effect from the date that it is published in the Gazette, or if a later date is specified in the designation, from that date.
New subregulation 12I(7) specifies that a designation ceases to have effect 120 days after it commences, unless otherwise extended in accordance with subregulation 12M(2).
New Regulation 12M - Extension and revocation of designation
New subregulation 12M(1) allows the Authority to revoke a designation of an Emergency Special Management Area at any time by publishing a notice in the Gazette.
New subregulation 12M(2) allows the Authority to extend the period of a designation of an Emergency Special Management Area by publishing a notice in the Gazette before the expiration of the previous designation. However, a designation cannot be extended for a period of more than 60 days.
New Regulation 12N - Entry to zones for purpose of taking certain protected species
Paragraph 5.3(c) of the Zoning Plan provides, inter alia, that a zone may be used or entered for the purpose of taking an animal or plant of a protected species or a strictly protected species in certain circumstance, including any other purpose prescribed in the Regulations, and in accordance with any limitations prescribed in the Regulations.
New regulation 12N prescribes the purposes and limitations for which a zone may be used or entered to take an animal or plant of a protected species for paragraph 5.3(c) of the Zoning Plan.
New Regulation 12P - Transitional provisions in relation to permissions etc
New subregulation 12P(1) defines the term permission for the purposes of this regulation.
New subregulation 12P(2) clarifies that a permission that was granted before the commencement of the Zoning Plan continues to have the same force and effect (including authorising the relevant activity to be carried on in a particular area) as it had immediately before the Zoning Plan came into operation, except to any extent to which the authorised use or entry is contrary to the Zoning Plan.
New subregulation 12P(3) clarifies that a permission that was granted before the commencement of the Zoning Plan continues to have effect (unless sooner surrendered or revoked by the Authority) until the day on which it would have ceased to have effect if the Zoning Plan had not come into operation.
New subregulation 12P(4) clarifies that a reference in a permission to a section of the Marine Park (as in effect under a Proclamation revoked by the Great Barrier Reef (Declaration of Amalgamated Marine Park Area) Proclamation 2004) has effect as a reference to the area covered by that section.
New subregulation 12P(5) clarifies that a reference in a permission to a zone (in effect under a zoning plan revoked by the Zoning Plan) specified in column 2 of the Table included in this subregulation, is taken to be a reference to the zone mentioned in column 3 of the Table.
New Regulation 12Q - Permission requirements to be observed
New subregulation 12Q(1) specifies that a permission granted under new regulation 14H or regulation 45, or a TUMRA accredited under new regulation 6M, is declared to be a permission to which section 38B of the Act applies.
New subregulation 12Q(2) sets out the circumstances that are prescribed for the purposes of subsection 38B(2) of the Act. If any of these circumstances apply, then the offence set out in subsection 38B(1) of the Act is not available for a period of 120 days.
New subregulation 12Q(3) specifies that a permission granted under new regulation 14H is declared to be a permission to which paragraphs 38CB(1)(c), 38MA(1)(d) and 38MA(3)(c) of the Act apply.
New Regulation 12U - Contravening directions
New subregulation 12U(1) clarifies that the Authority may give a direction to a person who notifies the Authority in accordance with section 38D of the Act that the person proposes to use or enter the zone. The Authority may give a direction in respect of the person's use of, or entry to, the zone.
New subregulation 12U(2) clarifies that a direction given by the Authority under subregulation (1) may be any direction that is reasonably necessary for the protection or preservation of the Marine Park or property or things in the Marine Park. However, such a direction must not require the person to remove a structure, landing area, farming facility, vessel, aircraft or other thing that is in the Marine Park.
New subregulation 12U(3) clarifies that a direction given by the Authority under subregulation (1) is a direction to which section 38E of the Act applies. Section 38E of the Act makes it an offence for a person to intentionally or negligently contravene a direction given to the person by the Authority under the regulations.
New Regulation 12Y - Commercial activities on Low Island
New regulation 12Y makes it an offence for a person to carry on a business on Low Island, unless the business involves the selling of materials or services of an educational nature that relate to the Marine Park or the business provides guided tours of the island. Contravention of this offence is punishable by a maximum penalty of 50 penalty units.
New Division 3.3 - Relevant Permissions
Amendment 8 also inserts a new Division 3.3 (Relevant permissions) into the Principal Regulations and inserts new regulations 14E, 14F, 14G, 14H and 14I as follows:
New Regulation 14E - Application for relevant permission
New subregulation 14E(1) provides that an application to the Authority for a relevant permission must be in writing, unless the Authority agrees otherwise. This allows the Authority to accept an oral application in circumstances where an application requires urgent consideration.
New subregulation 14E(2) outlines the information that an application to conduct an activity in the Marine Park must contain.
New subregulation 14E(3) provides that an application is not invalid only because it does not include all of the information required by subregulation (2).
New subregulation 14E(4) lists all the matters, in addition to those listed in subregulation (2), that an application for a relevant permission for the purposes of research, however described, must contain.
New subregulation 14E(5) lists all the matters that the Authority must have regard to in considering an application for a relevant permission.
New subregulation 14E(6) lists all the matters that the Authority must have regard to (in addition to those matters listed in subregulation (5)) when considering an application to enter or use a zone or designated area for the purpose of the traditional use of marine resources involving the taking of animals, plants or marine products.
New Regulation 14F - Advertising of application
New subregulation 14F(1) allows the Authority, by written notice, to require an applicant for a relevant permission to give public notice by written advertisement of the application where the Authority considers that the granting of such a permission may restrict the reasonable use by the public of a part of the Marine Park.
Such public notice must set out the information relating to the application that the Authority reasonably requires, invite interested persons to provide comments in writing within the period specified by the Authority, and specify an address to which such comments may be sent.
New subregulation 14F(2) requires that such an advertisement be published in each of the Gazette, in a newspaper that circulates generally in Queensland, and in any local newspaper that circulates in an area of Queensland adjacent to a part of the Marine Park that is proposed to be used or entered.
New subregulation 14F(3) requires that the advertisements published under subregulation (2) must be published again, in each of the three media referred to, in the period of no less than 7 days but no more than 14 days after the first publication.
New subregulation 14F(4) requires that the Authority must have regard to any written comments received in response to the public advertisement before making a decision in respect of an application for a relevant permission.
New Regulation 14G - Further particulars in relation to an application
New subregulation 14G(1) allows the Authority, by notice in writing, to ask the applicant for a relevant permission to provide further particulars as specified in the notice, being particulars that the Authority deems necessary for the proper consideration of the application.
New subregulation 14G(2) clarifies that an application is taken to have lapsed if such information as requested under subregulation (1) is not provided to the Authority within 21 days of the applicant receiving the written notification of the request (or such further time as the Authority allows).
New Regulation 14H - Grant or refusal of relevant permission
New subregulation 14H(1) provides that the Authority may either grant a permission in writing or, by notice in writing, refuse to grant a permission in circumstances where the person has applied for a relevant permission and has complied with any requirement or request by the Authority about the application.
New subregulation 14H(2) clarifies that a relevant permission may be granted subject to conditions specified in the permission.
New subregulation 14H(3) provides that the Authority may impose a condition on a permission, or vary a condition of an existing permission in order to ensure that the conditions of the permission remain appropriate to the attainment of the object of the Act, and outlines the circumstances in which this may take place. This may be done at any time so long as the imposition or variation of a condition is in circumstances other than those to which subregulation 55(1) or (2) or 56(1) applies and if the permission holder consents in writing.
New subregulation 14H(4) clarifies that a permission remains in force for the period specified in the permission unless it is sooner surrendered by the permission holder or revoked by the Authority.
New Regulation 14I - Habitat Protection Zone - permissions to take leader prawn broodstock in Mission Beach Leader Prawn Broodstock Capture Area
Subparagraph 2.3.4(a)(iii) of the Zoning Plan provides that subject to Part 3 (Remote Natural Area), Part 4 (Designated Areas) and Part 5 (Additional purposes for use and entry), the written permission of the Authority is required to use or enter the Habitat Protection Zone for fishing involving the taking of leader prawn broodstock in the Mission Beach Leader Prawn Broodstock Capture Area, in accordance with any limitations prescribed in the Regulations.
New regulation 14I specifies, for the purposes of subparagraph 2.3.4(a)(iii) of the Zoning Plan, the requirements that are prescribed in relation to a relevant permission to take leader prawn broodstock in the Mission Beach Leader Prawn Broodstock Capture Area.
Amendment 9 omits the heading for Part 4 of the Principal Regulations. This amendment is of a technical nature and is required as a consequence of Amendments 10, 11 and 12 which are outlined below.
Amendment 10 omits Division 1 of Part 4 of the Principal Regulations. As Amendment 8 inserts a new Division 3.3 into the Principal Regulations covering the same matters dealt with by the current Division 1 of Part 4, that Division is no longer required.
Amendment 11 amends Part 4, Division 2 of the Principal Regulations by renumbering it as Division 3.4.
Amendment 12 amends Part 4, Division 3 of the Principal Regulations by renumbering it as Division 3.5. This amendment is required as a consequence of Amendment 11.
Amendment 13 amends the Principal Regulations by omitting Part 4A. Part 4A contains provisions relevant to the Gumoo Woojabuddee Section of the Marine Park. As all existing sections of the Marine Park will be revoked and a new section declared as the "Great Barrier Reef Amalgamated Section" prior to the commencement of the Regulations, the provisions relating to the Gumoo Woojabuddee Section are no longer required.
Amendment 14 amends the Principal Regulations by omitting Division 5.2. Division 5.2 makes provision for the granting of permissions for the collection of leader prawn broodstock in the Mission Beach trawl closure area (now described as the Mission Beach Leader Prawn Broodstock Capture Area). As the requirement for a permission to collect leader prawn broodstock is now contained in subparagraph 2.3.4(a)(iii) of the Zoning Plan and the assessment process for such permissions is now contained in new Division 3.3, Division 5.2 is no longer necessary.
Amendment 15 amends the Principal Regulations by omitting regulation 38. As contravention of the requirements relating to spearfishing in the Marine Park will now constitute a contravention of the Zoning Plan and be subject to the offence provisions in the Act, regulation 38 is no longer required.
Amendment 16 amends the Principal Regulations by omitting regulations 40, 40A and 41. These regulations have been omitted as they are no longer required. The matters covered by these provisions are now requirements or limitations of the Zoning Plan and, consequently, a failure to comply with such requirements or limitations will constitute a contravention of the Zoning Plan and be subject to the offence provisions in the Act.
Amendment 17 inserts a new paragraph (aa) after paragraph 41A(2)(a) of the Principal Regulations. The effect of new paragraph (aa) is to provide an additional defence to a prosecution for taking or allowing a living terrestrial animal to enter upon an island within the Marine Park that is owned by the Commonwealth if the person has a hearing impairment and the animal is the person's guide dog or hearing dog.
Amendment 18 amends the Principal Regulations by omitting regulation 45B. Regulation 45B is specific to the Cairns Section of the Marine Park and was included in the Principal Regulations to ensure a consistent approach for the management of vessel sewage across all sections of the Marine Park. As the current five zoning plans will be revoked and replaced with the Zoning Plan, regulation 45B is no longer required.
Amendment 19 amends the principal Regulations by inserting a new subregulation (4) into regulation 49. The purpose of new subregulation (4) is to specify that subregulation 49(2) applies to an application for accreditation of a TUMRA as if references to a permission in that subregulation were references to the accreditation of the TUMRA.
Therefore, if the Authority accredits a TUMRA and the holders of the TUMRA are convicted of an offence against section 136.1 (False or misleading statements in an application) or section 137.1 (False or misleading information) of the Criminal Code, then the Authority may, by notice in writing given to the holders of the TUMRA, revoke the accreditation of the TUMRA.
Amendment 20 amends the Principal Regulations by inserting a new subregulation (4) into regulation 50. The purpose of new subregulation (4) is to specify that subregulations 50(1) and (2) apply to an accredited TUMRA as if references in those subregulations to a permission were references to the TUMRA.
The effect of this amendment is that the TUMRA holder will be able to give a person a written authority to carry out any activity that may be lawfully carried out in accordance with the TUMRA as accredited by the Authority, so long as the accredited TUMRA contains a condition allowing the holder to give an authority. The person who holds the authority will then be authorised to conduct the activities allowed under the TUMRA and will be subject to any conditions that relate to that activity.
Amendment 21 amends subregulation 51(1) of the Principal Regulations by omitting the reference to "subregulations 12(2), 21(2), 32F(2)" and replacing it with a reference to "regulation 14G, subregulation". As regulations 12, 22 and 32F have been omitted by Amendments 8, 10 and 13 respectively, these references are no longer required.
Amendment 22 substitutes subregulation 51(3) of the Principal Regulations with a new subregulation (3) which contains a revised definition of prescribed permission. This revised definition is required to reflect the provisions of the Zoning Plan and other amendments to the Principal Regulations.
Amendment 23 substitutes paragraphs 52(6)(a), (b) and (ba) of the Principal Regulations with a new paragraph (a). As paragraphs 52(6)(a), (b) and (ba) refer to regulations 13 and 22 and subregulation 32G(1) which have been omitted by Amendments 8, 10 and 13 respectively, these references are no longer required.
Amendment 24 amends the Principal Regulations by inserting a new subregulation 55(1A) before subregulation 55(1). The purpose of new subregulation 55(1A) is to define grant for the purposes of regulation 55.
Amendment 25 omits the reference to "37G or" from subregulation 55(1) of the Principal Regulations. This amendment is required as regulation 37G is being omitted by Amendment 14.
Amendment 26 omits the reference to "37G or" from paragraph 55(2)(a) of the Principal Regulations. This amendment is required as regulation 37G is being omitted by Amendment 14.
Amendment 27 amends the Principal Regulations by substituting subregulation 55(9) with new subregulations (9), (10), (11) and (12).
Subject to new subregulations (10), (11) and (12), new subregulation 55(9) allows for the suspension of an accredited TUMRA in the circumstances as set out in subregulations (1), (2), (3), (4), (5) and (6) as if references in those subregulations to a permission were references to an accredited TUMRA, and references to a condition of a permission included a condition of the accreditation of the TUMRA and a condition of the TUMRA itself.
New subregulation 55(10) clarifies that when applying subregulation 55(1) to a matter covered by an accredited TUMRA, paragraph 55(1)(a) is taken to have been omitted and replaced with a provision providing that "a person authorised by or under the TUMRA to undertake traditional use of marine resources has not complied with a condition of the TUMRA itself or a condition of the accreditation of the TUMRA".
New subregulation 55(11) clarifies that when applying subregulation 55(3) to a matter covered by an accredited TUMRA, the reference to a permission holder is taken to be a reference to holders of the TUMRA.
New subregulation 55(12) clarifies that when applying subregulation 55(3) in relation to an accredited TUMRA, it is sufficient service if the written notice referred to in that subregulation is served on the person whose name and address is specified in the TUMRA to whom correspondence can be sent.
Amendment 28 omits the reference to "37G or" in paragraph 56(1)(a) of the Principal Regulations. This amendment is required as regulation 37G is being omitted by Amendment 14.
Amendment 29 amends the Principal Regulations by inserting new subregulations (8), (9), (10) and (11) into regulation 56.
Subject to new subregulations (9), (10) and (11), new subregulation 56(8) provides for the suspension of a TUMRA in the circumstances set out in paragraph 56(1)(a) and subregulations (2), (3), (4) and (5) as if references in those subregulations to a permission were references to an accredited TUMRA and references to a condition of a permission included a condition of the accreditation of the TUMRA and a condition of the TUMRA itself.
New subregulation 56(9) clarifies that when applying paragraph 56(1)(a) and subregulation 56(5) to a matter covered by an accredited TUMRA, a reference to a permission holder is taken to be a reference to a person authorised by or under the TUMRA to undertake traditional use of marine resources.
New subregulation 56(10) clarifies that when applying subregulation 56(2) to a matter covered by an accredited TUMRA, a reference to a permission holder is taken to be a reference to the holders of the TUMRA.
New subregulation 56(11) clarifies that when applying subregulation 56(2) in relation to an accredited TUMRA, it is sufficient if the Authority notifies the person whose name and address is specified in the TUMRA to whom correspondence can be sent.
Amendment 30 omits the reference to "37G or" in paragraph 58(2)(a) of the Principal Regulations. This amendment is required as regulation 37G is being omitted by Amendment 14.
Amendment 31 omits the reference to "37G or" in paragraph 58(3)(a) of the Principal Regulations. This amendment is required as regulation 37G is being omitted by Amendment 14.
Amendment 33 amends the Principal Regulations by inserting new subregulations (9), (10), (11) and (12) after subregulation 58(8) of the Principal Regulations.
Subject to subregulations (10), (11) and (12), new subregulation 58(9) provides for the revocation of an accredited TUMRA in the circumstances set out in subregulations (1), (2), (3) and (6) as if references in those subregulations to a permission were references to an accredited TUMRA and references to a condition of a permission included a condition of the accreditation of the TUMRA and a condition of the TUMRA itself.
New subregulation 58(10) clarifies that when applying subregulations 58(1) and (2) to a matter covered by an accredited TUMRA, a reference to a permission holder is taken to be a reference to a person authorised by or under the TUMRA to undertake traditional use of marine resources.
New subregulation 58(11) clarifies that when applying subregulation 58(6) to a matter covered by an accredited TUMRA, a reference to a permission holder is taken to be a reference to holders of the TUMRA.
New subregulation 58(12) clarifies that when applying subregulation 58(6) in relation to an accredited TUMRA, it is sufficient if the written notification referred to in that subregulation is served on the person whose name and address is specified in the TUMRA as being the person to whom correspondence can be sent.
Amendment 33 omits the reference to "37G or" in paragraph 59(1)(c) of the Principal Regulations. This amendment is required as regulation 37G is being omitted by Amendment 14.
Amendment 34 amends the Principal Regulations by inserting new subregulations (4) and (5) after subregulation 59(3) of the Principal Regulations.
New subregulation 59(4) clarifies that, subject to subregulation (5), subregulation 59(1) applies to an accredited TUMRA as if a reference in that subregulation to a permission were a reference to an accredited TUMRA and a reference to a condition of a permission included a condition of the accreditation of the TUMRA and a condition of the TUMRA itself.
New subregulation 59(5) clarifies that, when applying subregulation 59(1) to a matter covered by an accredited TUMRA, a reference to the holder of a permission is taken to be a reference to a person authorised by or under the TUMRA to undertake traditional use of marine resources.
The effect of this amendment is that a holder of a TUMRA or a person authorised by or under the accredited TUMRA to undertake traditional use of marine resources may be convicted of an offence by reason of his or her failure to comply with a condition of a TUMRA or a condition of the accreditation of the TUMRA, notwithstanding that the TUMRA has been revoked or has otherwise ceased to be in force.
Amendment 35 substitutes paragraph 59A(4)(a) of the Principal Regulations with a new paragraph (a). The effect of this amendment is to include an accredited TUMRA as a permission for the purposes of the register of permission and related information established by subregulation 59A(1).
Amendment 36 amends the Principal Regulations by inserting a new subregulation (3) after subregulation 61(2) of the Principal Regulations.
New subregulation 61(3) clarifies that the Authority must not grant accreditation of a TUMRA unless the Authority has made an assessment, or had an assessment made, of the impact that the relevant traditional use of marine resources is likely to have on the Marine Park and the Great Barrier Reef.
Amendment 37 substitutes regulation 61A of the Principal Regulations with a new regulation 61A.
New subregulation (1) defines the compulsory pilotage area for the purposes of the definition in subsection 3(1) of the Act.
New subregulation (2) describes the inner route compulsory pilotage area. The inner route compulsory pilotage area was previously described in Part 1 of Schedule 8 to the Principal Regulations.
New subregulation (3) describes the Hydrographer's Passage compulsory pilotage area. The Hydrographer's Passage compulsory pilotage area was previously described in Part 2 of Schedule 8 to the Principal Regulations.
New subregulation (4) describes the Whitsundays compulsory pilotage area. The Whitsundays compulsory pilotage area was previously described in Part 3 of Schedule 8 to the Principal Regulations.
Amendment 38 substitutes regulations 67 and 68 of the Principal Regulations with new regulations 67 and 68 and inserts a new Table 68 into the Principal Regulations.
New Regulation 67 - Interpretation of this Part
New subregulation 67(1) defines permission for the purposes of Part 8 of the Principal Regulations. However, the definition of permission does not apply with respect to regulation 73A of the Principal Regulations.
New subregulation 67(2) has been inserted as an aid to interpretation, and clarifies that a reference in this Part to an activity in the Marine Park includes entering or using the Marine Park.
New subregulation 67(3) clarifies that, for the purposes of this Part, if a permission holder who has a current permission applies for a permission to carry on an activity in the Marine Park after the current permission ceases to be in force for that activity, then the application for a new permission is taken to be an application for the continuation of a permission if the application is for an activity that is the same as the permitted activity and the activity is to be carried on in the same area as the permitted activity.
New Regulation 68 - Fees for assessment in respect of application for permission
New subregulation 68(1) imposes a fee on an applicant for the assessment of an application to carry on an activity of a commercial nature in the Marine Park. The various fees are set out in new Table 68.
New subregulation 68(2) clarifies that if an application to carry on an activity of a commercial nature is referred to in more than one item in Table 68, then the fee payable is the higher or highest of the fees specified for the activity.
New subregulation 68(3) defines public environment report for the purposes of items 4 and 5 in Table 68.
New subregulation 68(4) defines environmental impact statement for the purposes of items 6 and 7 in Table 68.
New regulation 68 also inserts new Table 68 into the Principal Regulations. New Table 68 sets out all of the fees that are applicable for applications to the Authority to carry on an activity of a commercial nature in the Marine Park.
Amendment 39 substitutes regulation 71 of the Principal Regulations with a new regulation 71 as follows:
New Regulation 71 - Notice of fees payable
New subregulation (1) requires the Authority, as soon as possible after receiving an application from a person for a permission, to give the person a notice in writing. The notice must set out the fee payable for the application, the date on which the notice is given, and requiring the person to pay the fee within 21 days after the date of the notice.
New subregulation (2) clarifies that if an application for a permission is withdrawn before the end of the 21 days in which the fee is to be paid, no fee is paid and, if the fee has been paid, the fee must be refunded.
New subregulation (3) clarifies that if a person has applied for a permission to carry on an activity which either requires a public environment report to be prepared or environmental impact statement to be prepared, the person has paid $10,000 in part payment of the fee for the application, and the person has made publicly available the public environment report or the environmental impact statement for comment in draft or final form, the Authority must provide a notice in writing to the person. The notice must specify the date on which the notice was given and a statement requiring the person to pay, within 21 days after the date of the notice, the amount of the fee that has not been paid.
Except as set out in new subregulation 71(2), new subregulation (4) clarifies that if the fee has been paid for an application, it is not to be refunded if the application is withdrawn, or otherwise ceases to have effect.
Amendment 40 amends subregulation 73A(1) of the Principal Regulations by omitting the reference to "Part 2 of Schedule 7" with a reference to "Table 73A" in order to reflect the following amendment.
Amendment 41 inserts a new Table 73A into the Principal Regulations after new subregulation 73A(1). New Table 73A sets out, for the purposes of subregulation 73A, the fees that are applicable with respect to applications or requests made in respect of a permission to carry on an activity of a commercial nature. The types of applications or requests to which the fees are applicable are set out in column 2 of the Table.
Amendment 42 omits the references to subregulations "12(2), 21(2), 32F(2)" in subregulation 104(2) of the Principal Regulations and replaces them with a reference to "14G(2)". As subregulations 12(2), 21(2) and 32F(2) have been omitted by Amendments 8, 10 and 13 respectively, these references are no longer required.
Amendment 43 substitutes regulation 117A of the Principal Regulations with a new regulation 117A. The purpose of this amendment is to prescribe the locations of cruise ship anchorages for the purposes of the Whitsundays Plan of Management 1998. The boundary descriptions of these cruise ship anchorages were previously described in Schedule 9 to the Principal Regulations.
Amendment 44 omits the reference to "37G or" in subparagraph 118(1)(a)(iii) of the Principal Regulations. This amendment is required as regulation 37G is being omitted by Amendment 14.
Amendment 45 substitutes paragraph 118(1)(b) of the Principal Regulations with a new paragraph 118(1)(b). The effect of this amendment is that the Authority must publish, in the Gazette, a notice of a decision relating to an application for the accreditation of a TUMRA, a decision to vary an accredited TUMRA, a decision to suspend or revoke the accreditation of an accredited TUMRA, and a decision to vary a condition of, or impose a condition on, an accredited TUMRA.
Amendment 46 substitutes subparagraph 120(1)(a)(ii) of the Principal Regulations with a new subparagraph (ii). This amendment is of a technical nature only, and reflects a change in terminology from "black tiger prawns" to "leader prawn broodstock".
Amendment 47 substitutes subregulation 120(1B) of the Principal Regulations with a new subregulation (1B). This amendment is of a technical nature only, and reflects a change in terminology from "black tiger prawns" to "leader prawn broodstock".
Amendment 48 omits the reference to "a authorisation" in subregulation 120(2) of the Principal Regulations and replaces it with a reference to "an authorisation". This amendment is of a technical nature only.
Amendment 49 substitutes regulation 122A of the Principal Regulations with new regulations 122A and 122AA.
The amendment to regulation 122A is of a technical nature only and reflects the amendment to the Principal Regulations to revoke Schedule 10 of the Principal Regulations relating to the infringement notice offences. The substance of Schedule 10 is reflected in new Table 122AA which is inserted by the following provision.
New subregulation 122AA(1) specifies that an offence against a provision of these Regulations mentioned in column 2 of Table 122AA (previously Schedule 10) is an infringement notice offence.
New subregulation 122AA(2) specifies that the infringement notice penalty for an infringement notice offence is the penalty mentioned in column 3 of the relevant item of Table 122AA.
This amendment also inserts new Table 122AA into the Principal Regulations which outlines the infringement notice offences and their corresponding infringement notice penalties.
Amendment 50 omits the reference to "an offence against a provision in Schedule 10" in subregulation 122C(1) of the Principal Regulations and replaces it with a reference to "an infringement notice offence". This amendment is of a technical nature only, and is necessary in order to reflect Amendment 54 that omits Schedule 10 from the Principal Regulations and Amendment 49 that inserts the provisions of Schedule 10 into new Table 122AA.
Amendment 51 omits regulation 122D of the Principal Regulations. The effect of regulation 122D was to specify that the infringement notice penalty for an infringement notice offence. New subregulation 122AA(2) now specifies the infringement notice penalty for each infringement notice offence listed in new Table 122AA.
Amendment 52 omits the reference to ", under the provision in Schedule 10 mentioned in the notice," from paragraph 122J(1)(a) of the Principal Regulations. This amendment is of a technical nature only, and is necessary in order to reflect Amendment 54 that omits Schedule 10 from the Principal Regulations.
Amendment 53 substitutes regulation 124 of the Principal Regulations with a new Regulation 124. The purpose of new regulation 124 is to specify, for the purposes of subsection 45(1) of the Act, the form of the identity card for inspectors appointed under section 43 of the Act. This form of identity card was previously contained in Schedule 6 to the Principal Regulations.
Amendment 54 omits Schedules 1A to 10 of the Principal Regulations. The provisions of the Schedules have been reproduced as Tables in the Regulations in order to reflect current drafting practices.
Schedule 2 - Renumbering of provisions of Great Barrier Reef Marine Park Regulations 1983
Given the volume and complexity of amendments to the Principal Regulations, it is considered necessary to perform a consolidated re-numbering exercise in order to eliminate any inadvertent gaps in the numbering sequence and to provide certainty with respect to references to regulations. Schedule 2 effects such a renumbering exercise.
Amendment 1 renumbers the Parts of the Principal Regulations consecutively beginning with 1.
Amendment 2 renumbers Divisions in a Part of the Principal Regulations with the Part number followed by a "." and successive numbers beginning with 1.
Amendment 3 renumbers the regulations contained in the Principal Regulations consecutively beginning with 1.
Amendment 4 renumbers the subregulations in a regulation in the Principal Regulations consecutively beginning with (1).
Amendment 5 re-letters paragraphs in a regulation that is not divided into subregulations, or in a subregulation or a definition by re-lettering consecutively with lower-case letters beginning with (a).
Amendment 6 renumbers subparagraphs in a paragraph in the Principal Regulations consecutively with lower-case roman numerals beginning with (i).
Amendment 7 re-letters sub-subparagraphs in a subparagraph in the Principal Regulations consecutively with upper-case letters beginning with (A).
Amendment 8 omits table numbers, and inserts the number (after renumbering) of the regulation of which it forms part.
Amendment 9 amends references in the Principal Regulations to a renumbered provision, or a table, of the regulations by omitting the provision or table number, and inserting its number after renumbering.
Amendment 10 amends notes in the Principal Regulations that refer to a reference to a provision by number by omitting the number, and inserting the number of the provision after renumbering.
Schedule 3 - Amendment of Great Barrier Reef Marine Park (Aquaculture) Regulations 2000
Amendment 1 amends subregulation 62(1) of the Great Barrier Reef Marine Park (Aquaculture) Regulations 2000 by omitting each occurrence of "this Act" and replacing it with a reference to "these Regulations". This amendment is of a technical nature only and is required to correct a drafting error by replacing the incorrect reference to "this Act" with "these Regulations".