Commonwealth Numbered Regulations - Explanatory Statements

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GREAT BARRIER REEF MARINE PARK REGULATIONS (AMENDMENT) 1996 NO. 277

Statutory Rules 1996 No. 277

Minute No. 30 of 1996 - Minister for the Environment

Subject:       Great Barrier Reef Marine Park Act 1975

Great Barrier Reef Marine Park Regulations (Amendment)

Subsection 66(1) of the Great Barrier Reef Marine Park Act 1975 ("the Act) provides for the making of Regulations by the Governor-General. Section 39C of that Act provides that the amount of the Environmental Management Charge is to be ascertained in accordance with the Regulations.

The purpose of these amendments to the Great Barrier Reef Marine Park Regulations is to implement the Government's 1996 Budget decision to increase the fees and charges imposed in relation to the conduct of tourist and other activities in the Great Barrier Reef Marine Park ("the Marine Park"), to reflect the true cost of management of this important natural resource. The Environmental Management Charge ("the EMC") is an important cost recovery mechanism, helping to offset some of the costs associated with management of the Marine Park. The Marine Park is managed by the Great Barrier Reef Marine Park Authority ("the Authority").

The EMC is imposed by way of the Great Barrier Reef Marine Park (Environmental Management Charge - Excise) Act 199,3 and the Great Barrier Reef Marine Park (Environmental Management Charge - General) Act 1993. The level of the charge is prescribed in the Great Barrier Reef Marine Park Regulations. The EMC is a charge upon the holders of certain types of permissions for the Marine Park. The holder of the permission is liable to pay the prescribed amount for each visitor taken into the Marine Park (or per facility based upon various formulae).

These amendments will double the charge imposed upon holders of chargeable permissions (from $1 per visitor taken into the Marine Park to 52 per visitor taken into the Marine Park). Charges for other facilities, such as marinas, sewage outfalls, floating hotels and pontoons will also be proportionally increased by these proposed regulation amendments. Charges relating to beach hire and similar facilities will not change.

These amendments also correct a minor spelling error in the regulations and clarify the application of the EMC to vending operations in the Marine Park. These amendments will require the holders of chargeable permission to include copies of logbooks for the relevant quarter when submitting a charge return.

There have. been extensive consultations with effected groups and individuals, including the Government of Queensland following the Budget announcement. The Queensland Government has resolved to avoid charging for access to the Queensland Marine Park where the EMC applies in the adjacent Commonwealth Great Barrier Reef Marine Park.

These proposed regulations are to commence on 1 January 1997. Attachment 1 details the amendments proposed.

The Minute recommends that the Regulations be made in the form proposed.

Authority - Section 66 of the Great Barrier Reef Marine Park Act 1975

Attachment 1

The Regulations are amended specifically as follows:

Item 1

The Amendments commence on 1 January 1997.

Item 2

Specifies that the Great Barrier Reef Marine Park Regulations are amended as set out in these regulations.

Item 3 (Regulation 34 - Interpretation)

Amends definition of "beach equipment" to correct a spelling error and substitutes a new definition of "quarter" for the former definition of preceding quarter.

Item 4 (Regulation 37 - Standard tourist Program)

Changes present charge from $1.00 to $2.00.

Item 5 and 6 (Regulation 41 and 42 - Semi-submersibles, glass bottom boats and sigh seeing aircraft charges)

Doubles the present charge for semi-submarines, glass-bottom boats and sight-seeing aircraft.

Item 7 (Regulation 43 - Pontoon charges)

Increases pontoon charges for pontoons of an area less than 40 square meters from $45 to $90 per quarter. For pontoons in excess of 40 square meters, charges are increased from $90 to $180 per quarter, or $2.00 per visitor, depending upon which is the greater.

Item 8 (Regulation 44 - Floating, hotel charges)

Increases the charge per quarter for the operation of a floating hotel from $140 per quarter to $180 per quarter. or $2.00 per visitor per night, whichever is the greater.

Item 9 (Regulation 45 - Marina charges)

Increases marina charges from $190 to $380 per quarter, or $2.00 per vessel berthed overnight. whichever is greater.

Item 10 (Regulation 46 - Underwater observatory charges)

Increases underwater observatory charges from $65 to $130 per quarter or $0.20 per person, whichever is greater.

Item 11 (Regulation 47 - Lady Elliott Island charges)

Increases the charge for visitors to Lady Elliott Island, from $1.00 to $2.00 per person per day.

Item 12 (Regulation 48 - Discharge of sewage charges)

Increases the charge for sewage discharge from $200 per quarter to $400 per quarter. Where the sewage has only undergone primary or secondary treatment, the charge is $400 per quarter plus an amount calculated by formulae based upon phosphorous and nitrogen content. That increase is approximately 2.1 times the current charge.

Item 13 (Regulation 49 - Vessel chartering charges)

Increases charge for vessel chartering (unrelated to tourism) from $1.00 to $2.00 per person per day.

Item 14 (Regulation 50 - Vending operations charges)

Increases die charge for vending operations from $15 per meter of vessel per quarter to $30 per meter of vessel per quarter. The amendment further clarifies that persons carrying on vending operations as pan of their tourist program, or as a service to the fishing industry is not required to pay this charge.

Item 15 (Regulation 51 - Mariculture)

Increases the charge for mariculture operations from $250 to $500 for the first 10 hectares with an increase from $100 to $200 for every 10 hectares after the first 10 hectares.

Item 16 (Regulation 53 - Returns)

Requires the holder of a chargeable permission to submit copies of logbook entries that relate to the preceding quarter when submitting the Charge Return.