Queensland Numbered Acts

MARINE PARKS ACT 2004 No. 31 - SECT 15

(1) This section applies if--

(a) either--

(i) a zoning plan allows the chief executive to issue a permission for reclaiming particular tidal land in a marine park; or

(ii) tidal land not included in a zone is proposed to be reclaimed; and

(b) the land is not in a highly protected area; and

(c) the declaration of the reclaimed part of the park is intended to be revoked on completion of the reclamation.

(2) The chief executive may issue a permission for the reclamation if--

(a) a notice under section 14 for the reclamation is in force; and

(b) if section 16 applies to the proposed reclamation--the applicant for the permission has complied with the section and any requirement for additional information made by the chief executive under the section; and

(c) the chief executive is satisfied the permission should be issued having considered--

(i) each EIS and any additional information given to the chief executive under section 16; and

(ii) any written submissions made about the EIS and information; and

(iii) other matters the chief executive is required, under a regulation or zoning plan, to consider in issuing the permission; and

(iv) any other matter the chief executive considers relevant.

(3) To remove any doubt, it is declared that the chief executive may impose conditions on the permission, or amend, suspend or cancel the permission, as allowed under a regulation or zoning plan.

(4) Despite subsection (1), this section does not apply if the reclamation is necessary--

(a) to deal with an emergency involving a serious threat to a marine park's environment or use and non-use values; or

(b) to protect property from erosion; or

(c) to restore property after erosion; or

(d) to carry out small-scale works by or for a public authority, for a public purpose, and the works--

(i) are not prohibited under a regulation or zoning plan; and

(ii) involve only minimal disturbance to the park's natural resources, or minor alienation of parts of the park from enjoyment by the public.

Example of small-scale works--