Queensland Consolidated Regulations
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MARINE PARKS REGULATION 2017
- Made under the Marine Parks Act 2004
- As at 21 May 2024
- Reg 154 of 2017
TABLE OF PROVISIONS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
3. Definitions
PART 2 - PROVISIONS ABOUT AREAS WITHIN MARINE PARK
4. Zones within marine park generally
5. Estuarine conservation zone in GBR Coast Marine Park
6. Objects for zones
7. Areas that are highly protected areas
PART 3 - PERMISSIONS TO ENTER OR USE MARINE PARK
Division 1 - Application for permission
8. Requirements for application
Division 2 - Considering and deciding application for permission
9. Fee must be paid
10. Matters to which chief executive must have regard
11. Other matters to which chief executive may have regard
12. Chief executive’s power to require further information or document
13. Amending application
14. Requirements if environmental impact statement requested by chief executive
15. Chief executive may request public notice of application
16. Deciding application
17. Only suitable person can hold permission
18. Restriction on grant of permission for commercial whale watching program
19. Restriction on grant of permission authorising feeding of dolphins
20. Permission can not be granted if plan restricts the grant
21. Restriction on grant of permission about insurance
22. Steps to be taken after application decided
Division 3 - Form of permission
23. Permission to be written
24. Matters to be stated on permission
Division 4 - Amendment, suspension or cancellation of permission
Subdivision 1 - Non-immediate amendment
25. Amendment by chief executive
26. Amendment by application
27. Chief executive’s power to require further information or document
28. Other non-immediate amendment
29. Procedure for non-immediate amendment
Subdivision 2 - Immediate amendment or suspension
30. Immediate amendment or suspension for safety or conservation
31. Immediate amendment or suspension for failure to pay fee
Subdivision 3 - Non-immediate suspension or cancellation
32. Non-immediate suspension or cancellation
33. Procedures for non-immediate suspension or cancellation
Subdivision 4 - Other provisions about permissions
34. (Repealed)
35. (Repealed)
36. (Repealed)
37. Requirement to notify chief executive of particular changes and ask for amendment
38. (Repealed)
39. Surrender of permission
40. Existing permission taken to be in force while new application is considered
Division 5 - Carrying out activities under permission
Subdivision 1 - Effect of grant of permission
41. Activities authorised under permission generally
42. Term of permission
43. How authorisation may be given to other persons
44. Effect of authorisation given under permission under s 43
Subdivision 2 - Inspection of permission
45. Permission or authorisation must be available for inspection
Division 6 - Transfer of permission
46. Application to transfer permission
46A. Restriction on particular transfers
47. Considering transfer application
48. Chief executive’s power to require further information
49. Deciding transfer application
50. Steps to be taken after transfer approved
51. Authorisations under transferred permission
PART 4 - COMMERCIAL ACTIVITY AGREEMENTS
Division 1 - Restrictions about and contents of agreements
52. Chief executive may enter into agreement
53. Restrictions on entering into agreement—conservation of marine park
54. Restrictions on entering into agreement—suitability of other party
55. Restrictions on entering into agreement—insurance
56. Content of agreement
57. Mandatory conditions of agreement
58. Compliance with conservation conditions
Division 2 - Expression of interest process
59. Application of division
60. Invitation for expressions of interest
61. Requirements for expression of interest
62. Requirements for process
63. Chief executive may request further information
64. Amending expression of interest
65. Notice to unsuccessful submitters
Division 3 - Application process
66. Application of division
67. Applying for agreement
68. Matters to which chief executive must have regard
69. Chief executive may request further information
70. Amending application
71. Chief executive may request public notice of application
72. Negotiating application for agreement
73. Steps to be taken after application decided
Division 4 - Requirements applying to and nature of agreements
74. Term and review of agreements
75. Nature of agreement
Division 5 - Amendment, suspension and cancellation of agreement by chief executive
76. Immediate amendment or suspension for safety or conservation
77. Non-immediate amendment
78. Procedure for non-immediate amendment
79. Amendment by application
80. Non-immediate cancellation or suspension
81. Procedure for non-immediate cancellation or suspension
Division 6 - Transfer of authorisation under agreement
82. Application to transfer agreement
83. Deciding transfer application
84. Giving effect to transfer
Division 7 - Inspection of agreement or copy
85. Agreement or copy must be available for inspection
PART 5 - ACCREDITATIONS
Division 1 - Accreditation of external authority as corresponding authority
86. Accreditation of external authority
87. Limitations on accreditation of external authority
88. Notice of accreditation to be available on website
89. Amendment of accreditation of external authority
90. Cancellation of accreditation of external authority
91. Review of accreditation of external authority
Division 2 - Accreditation of external instrument as accredited instrument
92. Accreditation of external instrument
93. Limitation on accreditation of external instrument
94. Notice of accreditation and accredited instrument to be available on website
95. Amendment of accreditation of external instrument
96. Cancellation of accreditation of external instrument
97. Review of accreditation of external instrument
Division 3 - Accreditation of educational or research institution
Note—
98. Accreditation of educational or research institution
99. Limitation on accreditation of educational or research institution
100. Notice of accreditation to be available on website
101. Cancellation of accreditation of educational or research institution
102. Review of accreditation of educational or research institution
Division 4 - Accreditation of harvest fishery
103. Accreditation of harvest fishery
104. Limitation on accreditation of harvest fishery
105. Notice of accreditation to be available on website
106. Amendment of accreditation of harvest fishery
107. Cancellation of accreditation of harvest fishery
108. Review of accreditation of harvest fishery
Division 5 - Accreditation of authorisation process or management arrangement for an activity
109. Accreditation of authorisation process or management arrangement
110. Limitations on accreditation of authorisation process or management arrangement
111. Notice of accreditation of authorisation process or management arrangement to be available on website
112. Amendment of accreditation of authorisation process or management arrangement
113. Cancellation of accreditation of authorisation process or management arrangement
114. Review of accreditation of authorisation process or management arrangement
PART 6 - REGULATORY NOTICES AND DECLARATIONS
Division 1 - Regulatory notices
115. Chief executive may erect or display regulatory notice
116. Regulatory information notice
117. Erection or display of regulatory notice or regulatory information notice is evidence of particular matters
118. Compliance with regulatory notice about public health and safety act
Division 2 - Declaration of restricted access area
119. Declaration of restricted access area
120. Erection or display of restricted access area notice
121. Reasons for declaring restricted access area
122. Notice of declaration of restricted access area
123. Period for which declaration is in force
123A. Approval to enter and use restricted access area
124. Unlawfully entering restricted access area
125. Removing property from restricted access area
Division 3 - Declaration of prescribed commercial activity
126. Declaration of prescribed commercial activity
127. Unlawfully conducting prescribed commercial activity
Division 4 - Declaration of special activity
128. Declaration of special activity
129. Activities that may be special activities
130. Notice of declaration of special activity
131. Period for which declaration is in force
131A. Approval to conduct special activity
132. Unlawfully conducting special activity
133. Compliance with special activity notice
PART 7 - ENTERING OR USING MARINE PARKS
Division 1 - Zoned marine parks
134. Prohibited purpose
135. Entry or use for a prohibited purpose
136. Purpose for which authority required
137. Entry or use without an authority
138. Entry or use requiring notice
Division 2 - Unzoned marine parks
Subdivision 1 - Entry or use without authority
139. Purpose for which authority required
140. Entry or use without an authority
Subdivision 2 - Entry or use without authority or notification for major impact activity
141. Object of subdivision
142. Entry or use in emergency
143. Entry or use for undertaking functions under Commonwealth Act
144. Entry or use for law enforcement
Subdivision 3 - Entry or use without authority but with notice for major impact activity
145. Object of subdivision
146. Entry or use to remove or salvage aircraft or vessel
147. Entry or use to remove property under particular instruments
148. Entry or use for defence activity
149. Entry or use for essential public services
150. Entry or use in particular emergencies
151. Entry or use requiring notice
PART 8 - OFFENCES ABOUT FIRES, VEHICLES, VESSELS, ANIMALS ETC. IN MARINE PARKS
Division 1 - Fires in marine parks
152. Unlawful lighting of fires
153. Unattended fires
154. Unauthorised things relating to fires
155. Inspector powers in relation to fires
Division 2 - Using vehicles or vessels in marine parks
156. Unlawfully bringing vehicle or vessel into marine park
157. Unlawfully using vehicle or vessel in marine park
Division 3 - Animals in marine parks
158. Restriction on bringing domestic animals into marine park
159. Unlawfully feeding native animals
Division 4 - Other conduct in marine park
160. Depositing litter in marine park
161. Unauthorised use of generators, compressors or motors
162. Disturbance by radio, tape recorder or sound system
163. Using particular items for spearfishing
164. General misconduct
PART 9 - INTERNAL AND EXTERNAL REVIEWS
Division 1 - Preliminary
165. Review starts with internal review
Division 2 - Internal review
166. Applying for an internal review
167. Staying operation of reviewable decision
168. Internal review decision
Division 3 - External review by QCAT
169. Who may apply
170. Extending time in which to apply
PART 10 - MISCELLANEOUS
171. Prescribed equipment for certificates—Act, s 128
PART 11 - FEES
Division 1 - GBR Coast Marine Park
172. Application of division
173. Fees payable generally
174. Fee payable for permission for more than 1 activity
175. No fee for joint permission if fee paid to Commonwealth
Division 2 - Other marine parks
176. Application of division
177. Fees payable
177A. Rounding of amounts expressed as numbers of fee units
Division 3 - Waiver of fee
178. Chief executive may waive fee in whole or part
PART 12 - TRANSITIONAL PROVISIONS
Division 1 - Transitional provisions for SL No. 154 of 2017
Subdivision 1 - Preliminary
179. Definitions for division
Subdivision 2 - Provisions about permissions
180. Existing 2006 permissions
181. Existing authorisation by holder of permission
182. Existing application relating to 2006 permission
183. Existing requirements or requests about 2006 permissions
Subdivision 3 - Provisions about commercial activity agreements
184. Existing commercial activity agreements
185. Existing application or submission of expression of interest relating to commercial activity agreement
186. Existing requests about commercial activity agreements
187. Existing application relating to transfer of commercial activity agreement
Subdivision 4 - Provision about accreditations
188. Existing accreditations
Subdivision 5 - Provisions about regulatory notices and declarations
189. Existing regulatory notice
190. Existing gazette notices about declarations
191. Consultation started for restricted access area declaration
192. Existing declaration of prescribed commercial activity
193. Consultation started for special activity declaration
Subdivision 6 - Other provisions
194. Existing information notices
195. Existing notice of internal review decision
196. References to 2006 regulation
Division 2 - Transitional provisions for Marine Parks (Great Sandy) Zoning Plan 2024
Subdivision 1 - Preliminary
197. Definitions for division
198. References to corresponding part of new marine park
Subdivision 2 - Permissions
199. Continuation of existing permission
200. Continuation of inconsistent activity under existing permission
201. Existing application for permission for activity no longer requiring permission
202. Existing application for permission for inconsistent activity
203. Existing application for permission for activity authorised with permission
Subdivision 3 - Commercial activity agreements
204. Existing commercial activity agreement
205. Existing expression of interest process for commercial activity agreement
206. Existing application for commercial activity agreement
Subdivision 4 - Particular notices
207. Existing regulatory notice
208. Existing restricted access area notice
209. Existing special activity notice
Subdivision 5 - Other matters
210. References to part of former marine park in a document
Division 3 - (Repealed)
Division 4 - (Repealed)
Division 5 - (Repealed)
Division 6 - (Repealed)
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
SCHEDULE 5
SCHEDULE 6
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