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GREAT BARRIER REEF MARINE PARK REGULATIONS (AMENDMENT) 1993 NO. 206
EXPLANATORY STATEMENTSTATUTORY RULES 1993 No. 206
Issued under the authority of the Minister for the Environment, Sport and Territories
Great Barrier Reef Marine Park Act 1975
Great Barrier Reef Marine Park Regulations (Amendment)
The purpose of the Great Barrier Reef Marine Park Regulations (Amendment) is to finalise amendments to Part 5A of the Regulations which implements the Environmental Management Charge, to allow Marine Park permissions to become transferable, to allow for revocation and suspension of permits in certain circumstances and to make further amendments to the Regulations as outlined below.
Regulation 1 - Amendment
This proposed Regulation provides for the Great Barrier Reef Marine Park Regulations to be amended.
Regulation 2 - Pilots - prescribed law for the purpose of subsection 3(1)
This proposed Regulation inserts a new Regulation 4A into the Regulations to define under which laws a vessel pilot may be registered for the purpose of compulsory pilotage under the Act.
Regulation 3 - Regulation 6A (Interpretation)
This proposed Regulation adds the definition of zoning plan to Regulation 6A. This was necessary to clarify to which zoning plan Part 2 of the Regulations was referring.
Regulation 4 - Regulation 6 (Zoning plan definitions - collecting, fishing, netting and crabbing)
This proposed Regulation removes the reference to excepted species which have been deleted from Schedule 1 (species which can be collected with a permit). The only excepted species was the "Crown of Thorns" sea star and it is appropriate that this can be collected with a permit.
Regulation 5 - Regulation 7 (Application for a relevant permission)
This proposed Regulation amends the matters which the Authority is required to have regard to under subregulation 7(5) in deciding whether or not to grant a permit for entry or use of the Far Northern Section of the Marine Park. The additional matters are:
a) whether, in respect of the applicant, there is any environmental management charge overdue for payment in relation to another permit; and
b) whether the applicant, where the costs of the development are high, has the capacity to complete the project.
Regulation 6 - Regulation 11 (Grant or refusal of relevant permission)
This proposed Regulation amends paragraph 11(1A)(b) to particularise more fully what kinds of conditions may be attached to a permit.
Regulation 7 - Regulation 13AA (Interpretation)
This proposed Regulation adds a definition of zoning plan to Regulation 13AA to clarify which zoning plans are referred to in Part 2A of the Regulations.
Regulation 8 - Regulation 13AB (Zoning plan definitions - collecting, fishing, netting and crabbing)
This proposed Regulation amends Regulation 13AB in the following ways:
Paragraph 13AB(1)(a) is amended so that reference to Schedule 1 B is omitted and reference to Schedule 1 is added. The former schedule is identical to the latter once the amendment to remove the excepted species has been made and therefore the present Schedule 1B is redundant.
The present subregulation 13AB(2) has been re-drafted (in conjunction with the addition of a new Part 4 to Schedule 1 which was previously Schedule 1C and the addition of a new Schedule 1B -Protected Organisms) so that the animals in Schedule 1B (protected species) cannot be 'limited collected'. Limited collecting can be undertaken without a permit in low protection zones. The protected species should not be collected without a permit. The restriction does not apply if the person undertaking the collecting is a traditional inhabitant. This further protects these species and brings the legislation in line with Queensland legislation.
Subregulation 13AB(3) is amended to take into account the change in the schedules.
Regulation 9 - Regulation 13AC (Application for a relevant permission)
This proposed Regulation amends the matters which the Authority is required to have regard to under subregulation 13AC(4) in deciding whether or not to grant a permit for entry or use of the Cairns Section, Central Section or the Mackay /Capricorn Section of the Marine Park. The additional matters are:
a) whether, in respect of the applicant, there is any environmental management charge overdue for payment in relation to another permit; and
b) whether the applicant, where the costs of the development are high, has the capacity to complete the project.
Regulation 10 - New Regulation 13ACC (Commercial activities on Low Island)
This proposed Regulation adds a new Regulation 13ACC which prohibits certain commercial operations on Low Island (in the Cairns Section of the Marine Park) in line with the draft management plan for the area.
Regulation 11 - Regulation 13AF (Grant or refusal of relevant permission)
This proposed Regulation amends paragraph 13AF(2)(b) to particularise more fully what kinds of conditions may be attached to a permit.
Regulation 12 - Regulation 13C (Consideration of applications - unzoned areas)
This proposed Regulation amends Regulation 13C by adding additional matters to which the Authority is required to have regard in relation to the granting of a permit to use or enter an unzoned area. These matters are as follows:
a) whether, in respect of the applicant, there is any environmental management charge overdue for payment in relation to another permit; and
b) whether the applicant, where the costs of the development are high, has the capacity to complete the project.
Regulation 13 - Regulation 13F (Grant or Refusal of relevant permission)
This proposed Regulation amends paragraph 13F(1)(a) to particularise more fully what kinds of conditions may be attached to a permit.
Regulation 14 - Regulation 13G (Removal of Property)
The present Regulation 13G has been re-drafted to allow the Authority to order the responsible person (as defined in the Regulation) to remove his/her property from the Marine Park, where there is no permit for that property (as before) or where the property has been abandoned, sunk or wrecked. Where the Authority cannot identify the responsible person in relation to the property the Regulation provides that a notice may be published in the Gazette and a daily newspaper ordering the responsible person to remove the property from the Marine Park. Where the person fails to comply with the order, the Minister may remove the property from the Marine Park under section 61 of the Act.
Regulation 15 - Regulation 14 (Taking certain fish in the Marine Park)
The present Regulation 14 is re-drafted to reflect current legislative drafting practice and clarify the intent of the regulation.
Regulation 16 - New Regulation 14A (Regulation of fishing tenders in certain zones) This proposed regulation adds a new Regulation 14A. This Regulation requires commercial fishing dories to be attached to the mother ship when the vessels are in the Marine National Park Zones (or the equivalent) of the Marine Park. This zone is a high protection zone and the regulation seeks to ensure that fishing dories are not used for illegal fishing activities in that zone.
Regulation 17 - New Regulation 18 (Authority Moorings)
This proposed Regulation adds Regulation 18 which makes it an offence to damage public moorings in the Marine Park.
Regulation 18 - New Regulation 19E (Transfer of permissions)
This proposed Regulation adds a new Regulation 19E which makes permits to which the environmental management charge applies transferable after approval by the Authority. It indicates the matters the Authority is required to take into account in deciding whether or not to approve the transfer and what conditions may attach to the transfer.
Regulation 19 - Regulation 20 (Suspension of permission - endangerment of Marine Park)
This proposed Regulation amends subregulations 20(5) and (6) to clarify their intent in line with current drafting practices. In addition it ensures that the Regulation also applies to permits that have been transferred.
Regulation 20. - New Regulations 20A and 20B (Suspension of permission - noncompliance with a condition, Suspension of permission under which charge is owing)
This proposed Regulation adds two new Regulations 20A and 20B as follows.
The proposed Regulation 20A allows the Authority to suspend a permit, vary the conditions or impose additional permit conditions where the permission holder has breached a condition of the permit and that breach is continuing. The Authority is required to notify the permission holder. The Authority must investigate the matter and if it does not find any grounds for the action taken it must remove the suspension or withdraw the variation or additional conditions. There is an existing appeal process in Regulation 22.
The proposed Regulation 20B allows the Authority to suspend a permit for which an environmental charge is due if the charge is not paid within 30 days from the end of the calendar month in which the charge is payable.
Regulation 21 - Regulation 21 (Revocation of permission)
This proposed Regulation amends Regulation 21 in the following ways:
Subregulation 21(1) is re-drafted so that where a permission holder breaches a condition of the permit, the Authority is able, in addition to being able to revoke the permit (as it can do at present), to vary the permission to remove access to a part of the Marine Park to which the breach relates.
Subregulation 21(1B) is added to allow the Authority to revoke a permit if the permit has not been used within 120 days of the day on which it was granted or transferred to a new permission holder (as the case may be). This regulation is designed to remove unused permit capacity.
Subregulation 21(1C) is added to allow the Authority to revoke a suspended chargeable permission (suspended under Regulation 20B) if the full amount which is owing is not paid within 60 days of the date when the permit was suspended.
The Authority in each case is required to notify the permission holder in writing as soon as practicable.
Regulation 22 - Regulation 33 (Fee for application for exemption from compulsory pilotage)
This proposed Regulation amends Regulation 33 by increasing the fee for application for exemption from compulsory pilotage from $500 to $750. The increased fee more closely represents the cost of assessing the application.
Regulation 23 - Regulation 34 (Interpretation)
This proposed Regulation amends Regulation 34 in the following ways:
The definition of tourist program is omitted since it is unnecessary due to the insertion of a further definition - "operation of a tourist program" - which more fully describes the intended concept in relation to chargeable permissions.
A new definition of "transfer passenger" is included to clarify which passengers are not to be counted for the purpose of determining the operators liability to pay the charge. Passengers who are simply "transiting" the Marine Park are not to be counted.
A definition of "facility" is included by reference to its meaning in the Act.
A definition of "floating hotel" is included to clarify what tourist facilities fall under that particular charge category.
A new definition, "visitor" is added to ensure that all the appropriate persons undertaking a tourist program are counted for the purpose of determining an operator's liability to pay the charge.
A technical amendment is made to change the word geometic to geometric.
Regulation 24 - Regulation 35 (Chargeable permissions)
This proposed Regulation amends subregulation 35(1) to ensure that all the appropriate permissions are chargeable permissions.
Regulation 25 - Regulation 36 (Charges relating to number of Park users)
This proposed Regulation amends Regulation 36 to ensure that the appropriate persons are counted for the purpose of determining a permission holder's liability to pay the environmental management charge. Persons who are carried "free of charge" and who also fall into the categories specified in the Regulation are not to be counted.
Regulation 26 - Regulation 37 (Standard tourist program charge)
This proposed Regulation amends Regulation 37 in the following ways:
Subregulation 37(1) is amended so that the reference to "tourist charge" is deleted and replaced with "tourist program charge", the latter phrase being a more appropriate description of the charge.
Paragraphs 37(1) (a) and (b) and subregulation 37(2) are omitted and replaced so that it is clear that operators providing a package of activities in the Marine Park are charged only once for each visitor per day or part of a day.
A new subregulation 37(2A) is added (in conjunction with amendments to Regulations 38, 39 and 40) to ensure that users of beach hire equipment are not counted under the standard tourist program charge because a separate charge applies to beach hire operations.
Regulation 27 - Regulation 38 (Non-motorised beach equipment charges)
This proposed Regulation amends Regulation 38 so that it is clear that there is a standard charge for beach hire whether or not the permission holder holds a permit for another kind of tourist program. A further amendment ensures that the charge is independent of the number of pen-nits granted for the beach hire activity.
Regulation 28 - Regulation 39 (Dinghy charges)
This proposed Regulation amends Regulation 39 so that it is clear that there is a standard charge for dinghy hire whether or not the permission holder holds a permit for another kind of tourist program. A further amendment ensures that the charge is independent of the number of permits granted for the dinghy hire activity. Subregulation 28.3 amends subregulation 39(2) to further clarify the definition of dinghy.
Regulation 29 - Regulation 40 (Motorised water sports charges)
This proposed Regulation amends Regulation 40 so that it is clear that there is a standard charge for motorised water sports hire whether or not the permission holder holds a permit for another kind of tourist program.
Regulations 30, 32, 35 and 36 - Regulations 41, 43, 46, and 47 (Semi-submersibles and glassbottomed boats etc.)
These proposed Regulations amend Regulations 41, 43, 46, and 47 by replacing "tourists", "tourist" and "tourist's" as the case requires with "visitors", "visitor" and "visitor's" respectively.
Regulation 31 - Regulation 42 (Sight-seeing aircraft charges)
This proposed Regulation amends Regulation 42 so that it is clear that this activity may qualify for a reduced charge whether or not the permission holder holds a permit for another kind of tourist program. It also replaces the word "tourist" etc as in Regulation 30 with the appropriate form of the word "visitor".
Regulation 33 - Regulation 44 (Floating hotel charges)
This proposed Regulation amends Regulation 44 to further define what a floating hotel is for the purpose of specifying the category of operation that attracts the floating hotel charge.
Regulation 34 - Regulation 45 (Marina charges)
This proposed Regulation amends Regulation 45 to clarify the basis upon which persons holding permits to construct or operate marinas within the Marine Park are charged.
Regulation 37 - Regulation 48 (Discharge of sewage charges)
This proposed Regulation amends Regulation 48 to ensure that in determining the amount of nutrients in sewage for the purpose of determining the permission holder's liability to pay the environmental management charge the total figures for each element are calculated.
Regulation 38 - Regulation 49 (Vessel chartering charges)
This proposed Regulation amends Regulation 49 to clarify who is liable to pay the environmental management charge in relation to vessel charters for use in the Marine Park.
Regulation 39 - Regulation 50 (Vending operations charges)
This proposed Regulation amends Regulation 50 to ensure that an activity for the purpose of the environmental management charge does not fall into more than one category.
Regulation 40 - New Regulations 51A and 51B (Payment of charge on termination or transfer of permission; Overpayment of charge)
This proposed Regulation adds two new Regulations 51A and 51B as follows.
Subregulation 51A (1) makes the environmental management charge payable within the 30 days of the date on which a permit ceases to be in force.
Subregulation 51A(2) deems a permit to continue to be in force for the purpose of payment of the charge so that where there is a "renewal" of a permit the charge is not payable until the time it would have been payable if the previous permit had continued in force.
Subregulation 51A(3) makes the charge payable by the original permit holder, in cases where the permission is to be transferred, on the day of transfer.
Regulation 51B reduces the amount payable by a permit holder by an amount equal to any previous overpayment of the environmental management charge.
Regulation 41 - Regulation 52 (Record -keeping)
This proposed Regulation amends Regulation 52 to clarify where a permission holder is required to keep his or her records of activities in the Marine Park for the purpose of determining the operators liability to pay the environmental management charge.
Regulation 42 - Schedules 1, 1A, 1B, 1C and 2
This proposed Regulation omits Schedules 1, 1A, 1B, 1C and 2 and replaces them with new Schedules 1, 1A, 1B, 1C and 2. This is to take into account changes to the Regulations in relation to limited collecting (Regulation 8 of these Regulations) to clarify the intent of the schedules and add common names to the scientific names.