MARINE PARKS REGULATION 2017

Queensland Consolidated Regulations

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MARINE PARKS REGULATION 2017

- Made under the Marine Parks Act 2004
- As at 1 September 2023
- 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. When holder of amended permission must return permission
35. When holder of suspended permission must return permission
36. When holder of cancelled permission must return permission
37. Requirement to notify chief executive of particular changes and ask for amendment
38. Replacing permission
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. Public notice about declaration
123. Period for which declaration is in force
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. Public notice about proposed declaration
131. Period for which declaration is in force
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 - Preliminary

179. Definitions for part

Division 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

Division 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

Division 4 - Provision about accreditations

188. Existing accreditations

Division 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

Division 6 - Other provisions

194. Existing information notices
195. Existing notice of internal review decision
196. References to 2006 regulation
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
SCHEDULE 5
SCHEDULE 6

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