Environmental Legislation Amendment Regulation (No. 1) 1997 (Qld)

Queensland Subordinate Legislation 1997 No. 379 Marine Parks Act 1982 Nature Conservation Act 1992 ENVIRONMENTAL LEGISLATION AMENDMENT REGULATION (No. 1) 1997 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 PART 2—AMENDMENT OF MARINE PARKS REGULATION 1990 2 Regulation amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Insertion of new s 10A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 10A Restrictions on grant of permission . . . . . . . . . . . . . . . . . . . . . . . . . . 2 PART 3—AMENDMENT OF NATURE CONSERVATION REGULATION 1994 4 Regulation amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 Insertion of new section 100AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 100AA Restriction on grant of commercial wildlife harvesting licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 6 Amendment of s 113 (Restrictions on grant of permits for educational or scientific purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 7 Amendment of s 118 (Restriction on grant of commercial whale watching permit) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 8 Amendment of sch 14 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

s1 2 s3 Environmental Legislation Amendment (No. 1) No. 379, 1997 PART 1—PRELIMINARY ˙ Short title 1. This regulation may be cited as the Environmental Legislation Amendment Regulation (No. 1) 1997 . PART 2—AMENDMENT OF MARINE PARKS REGULATION 1990 ˙ Regulation amended in pt 2 2. This part amends the Marine Parks Regulation 1990 . ˙ Insertion of new s 10A 3. After section 10— insert— ˙ ‘ Restrictions on grant of permission ‘ 10A.(1) The chief executive must not grant a permission to carry out a commercial whale watching program in the following areas of special interest for whales 1 — (a) Queensland waters between latitude 24°30' south (approximately 20 km north of Sandy Cape) and latitude 25°30' south (approximately 35 km north of Inskip Point) if there are 20 current permits for the area; (b) Queensland waters between latitude 25°30' south (approximately 35 km north of Inskip Point) and latitude 27°05' south 1 Maps showing the boundaries of the areas of special interest for whales are included in the Management Program for the Conservation and Management of Whales and Dolphins (Order Cetacea) in Queensland 1997—2001 approved by the Minister on 8 October 1997. A copy of the management program is available for inspection or purchase at the department’s head office and regional offices.

s4 3 s5 Environmental Legislation Amendment (No. 1) No. 379, 1997 (approximately 6 km south of Cape Moreton) including all waters in Moreton Bay west of Moreton, North Stradbroke and South Stradbroke Islands if there are 3 current permits for the area; (c) Queensland waters south of latitude 27°05' south (approximately 6 km south of Cape Moreton) excluding all waters in Moreton Bay west of Moreton, North Stradbroke and South Stradbroke Islands. ‘ (2) A reference in subsection (1) to a number of current permits is a reference to the number of any 1 or both of the following types of permits— (a) a commercial whale watching permit under the NatureConservation Act 1992 ; (b) a permission under this regulation. ‘ (3) After the commencement of this subsection, the chief executive must not grant a permission to feed dolphins in a marine park or a zone of a marine park. ‘ (4) However, the chief executive must not refuse to renew, or cancel, a permission under this regulation, in force at the commencement of this subsection, merely because the chief executive may no longer grant a permission to feed dolphins in a marine park or a zone of a marine park.’. PART 3—AMENDMENT OF NATURE CONSERVATION REGULATION 1994 ˙ Regulation amended in pt 3 4. This part amends the Nature Conservation Regulation 1994 . ˙ Insertion of new section 100AA 5. After section 100— insert—

s6 4 s6 Environmental Legislation Amendment (No. 1) No. 379, 1997 ˙ ‘ Restriction on grant of commercial wildlife harvesting licence ‘ 100AA. The chief executive must not grant a commercial wildlife harvesting licence for whales or dolphins if the purpose of harvesting the whales or dolphins is— (a) to demonstrate the whales or dolphins under a wildlife demonstrator licence; or (b) to display the whales or dolphins under a wildlife exhibitor licence.’. ˙ Amendment of s 113 (Restrictions on grant of permits for educational or scientific purposes 6. Section 113— insert— ‘ (3) The chief executive may grant a permit to take a whale or dolphin for scientific purposes only if the whale or dolphin is to be taken for scientific research that has been recommended by the scientific advisory committee or a person of professional standing in whale or dolphin research. ‘ (4) In this section— “scientific advisory committee” means the scientific advisory committee established under section 132 of the Act. “scientific research” includes research involving any 1 or more of the following— (a) the temporary capture of a whale or dolphin; (b) attaching a tracking device to a whale or dolphin; (c) taking biological samples from a whale or dolphin; (d) the use of a dedicated platform; (e) bringing a boat, aircraft or helicopter, or moving a person, closer to the whale or dolphin than is otherwise permitted under the Nature Conservation (Whales and Dolphins) Conservation Plan 1997 .’.

s7 5 s7 Environmental Legislation Amendment (No. 1) No. 379, 1997 ˙ Amendment of s 118 (Restriction on grant of commercial whale watching permit) 7.(1) Section 118, heading— omit, insert— ‘ Restrictions on grant of commercial whale watching permit ’. (2) Section 118— insert— ‘ (2) The chief executive must not grant a commercial whale watching permit for the following areas of special interest for whales 2 — (a) the part of the Whitsunday Management Area of the Townsville/Whitsunday Marine Park that is shown as an area of special interest for whales on the map of the Whitsunday Management Area included in the management program; (b) Queensland waters between latitude 24°30' south (approximately 20 km north of Sandy Cape) and latitude 25°30' south (approximately 35 km north of Inskip Point) if there are 20 current permits for the area; (c) Queensland waters between latitude 25°30' south (approximately 35 km north of Inskip Point) and latitude 27°05' south (approximately 6 km south of Cape Moreton) including all waters in Moreton Bay west of Moreton, North Stradbroke and South Stradbroke Islands if there are 3 current permits for the area; (d) Queensland waters south of latitude 27°05' south (approximately 6 km south of Cape Moreton) excluding all waters in Moreton Bay west of Moreton, North Stradbroke and South Stradbroke Islands. ‘ (3) A reference in subsection (2) to a number of current permits is a reference to the number of any 1 or both of the following types of permits— 2 Maps showing the boundaries of the areas of special interest for whales are included in the Management Program for the Conservation and Management of Whales and Dolphins (Order Cetacea) in Queensland 1997—2001 approved by the Minister on 8 October 1997. A copy of the management program is available for inspection or purchase at the department’s head office and regional offices.

s8 6 s8 Environmental Legislation Amendment (No. 1) No. 379, 1997 (a) a permission under the Marine Parks Act 1982 ; (b) a commercial whale watching permit under this regulation.’. ˙ Amendment of sch 14 (Dictionary) 8. Schedule 14— insert— ‘ “dolphin” means a cetacean of the family Delphinidae. “whale” means a cetacean of the family Balaenidae, Balaenopteridae, Kogiidae, Physeteridae or Ziphiidae.’. ENDNOTES 1. Made by the Governor in Council on 6 November 1997. 2. Notified in the gazette on 7 November 1997. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Environment. © State of Queensland 1997