EXPLANATORY STATEMENT

 

Select Legislative Instrument 2006 No. 342

 

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 2006 (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 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.

Without limiting the generality of subsection 66(1) of the Act, paragraph 66(2)(b) of the Act provides that regulations may be made providing for giving effect to, and enforcing the observance of, zoning plans, and paragraph 66(2)(i) provides that regulations may be made regulating the conduct of persons in the Great Barrier Reef Marine Park (the Marine Park).

The purpose of the Great Barrier Reef Marine Park Amendment Regulations 2006 (No. 3) (the Regulations) is to enhance the effective enforcement of fishing restrictions in the Great Barrier Reef Marine Park Zoning Plan 2003 (the Zoning Plan). The Zoning Plan is the primary planning instrument for the conservation and management of the Marine Park; it divides the Marine Park into zones, and makes provision for the purposes for which each zone may be used or entered with or without permission. The Act and the Great Barrier Reef Marine Park Regulations 1983 (the Principal Regulations) each contain offence provisions relating to breaches of provisions contained within the Zoning Plan.

The Zoning Plan does not allow for fishing in the Marine National Park Zone (the Green Zone) without the written permission of the Authority, unless the fishing is conducted in accordance with an accredited traditional use of marine resources agreement, including in compliance with any prescribed requirements under the Principal Regulations. The Authority may provide written permission to fish in the Green Zone, for instance, to allow for extractive research that is relevant to, and a priority for, the management of the Marine Park or that could not reasonably be conducted elsewhere.

Currently, unauthorised fishing in the Green Zone constitutes an offence under the Act. The Regulations introduce a similar offence provision into the Principal Regulations. This new offence attracts a maximum penalty of 50 penalty units and is an infringement notice offence to the value of 10 penalty units allowing the issue of an on-the-spot fine of $1,100. In line with the new offence being a regulatory offence dealing with a matter relating to the environment, and being an infringement notice offence, the offence is a strict liability offence. It is considered that the ability of enforcement officers to issue on-the-spot fines for this offence would aid the day-to-day enforcement of this provision by deterring the possibility of contravention.

 

If there are a number of regulation-making powers relevant to the Regulations, then use the following text:

 

Further regulation making powers, relevant to the Regulations, are set out at Attachment A.

 

The Great Barrier Reef Marine Park Authority did not undertake consultation specifically on the Regulations. The Office of Regulation Review confirmed that a Regulation Impact Statement was not required as the amendments were of a minor or machinery nature and do not substantially alter existing arrangements. A copy of that advice is at Attachment A.

 

Details of the Regulations are set out in the Attachment B. This reference may change to Attachment B if you are using the reference to Attachment A above.

 

 

The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

The Regulations commenced on the day after they were registered on the Federal Register of Legislative Instruments.

 

 

 

ATTACHMENT

 

Regulation 1 provides that the name of the Regulations is the Great Barrier Reef Marine Park Amendment Regulations 2006 (No. 3).

Regulation 2 provides that the Regulations commence on the day after they are registered.

Regulation 3 provides that Schedule 1 amends the Great Barrier Reef Marine Park Regulations 1983 (the Principal Regulations).

Schedule 1 – Amendments

 

Item [1] – Regulation 73A, after definition of Conservation Park Zone

Item 1 amends regulation 73A by inserting a definition of ‘Marine National Park Zone’.

 

Item [2] – After regulation 73B

Item 2 inserts new regulation 73BA into Division 2.2A of the Principal Regulations.

 

Regulation 73BA

Subregulation 73BA(1) provides that it is an offence for a person to fish in the Marine National Park Zone without the written permission of the Authority or unless the fishing is for a purpose set out in section 2.7.3 of the Zoning Plan. The maximum penalty is 50 penalty units.

 

Subregulation 73BA(2) provides that an offence against subregulation (1) is an offence of strict liability. It is considered appropriate that this offence is a strict liability offence because the offence is a regulatory offence that deals with a matter of the environment. Given the importance of deterring potential offenders from fishing in the Green Zone, and given that it may not always be appropriate to prosecute an offender, it is intended that this offence provision will have a general deterrent effect and will enhance the effectiveness of the enforcement regime behind the Great Barrier Reef Marine Park Zoning Plan 2003. It is also appropriate that the offence be a strict liability offence because it is an infringement notice offence.

 

Subregulation 73BA(3) provides a definition of ‘fish’, for the purposes of subregulation 73BA(1).

 

Item [3] corrects a minor error previously in the Principal Regulations by replacing a reference to regulation 73D.

 

Items [4 and 5] – Part 14, Table 189, before item 1A

Regulation 189 makes provision for certain offences in the Principal Regulations to be infringement notice offences and Table 189 specifies the infringement notice penalty units for those offences. These items make slight amendment to the sequence of the items in the table and insert a reference to regulation 73BA into Table 189 which specifies that the infringement notice penalty amount is ten penalty units.