Great Barrier Reef Marine Park Amendment Act 1983 (Cth)

Great Barrier Reef Marine Park Amendment Act 1983

No. 97 of 1983

 

An Act to amend the Great Barrier Reef Marine Park Act 1975

[Assented to 22 November 1983]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title, &c.

1. (1) This Act may be cited as the Great Barrier Reef Marine Park Amendment Act 1983.

(2) The Great Barrier Reef Marine Park Act 19751is in this Act referred to as the Principal Act.

Commencement

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Functions of Authority

3. Section 7 of the Principal Act is amended—

(a) by inserting after paragraph (1) (c) the following paragraphs:

“(ca) to furnish information and advice to the Minister in respect of matters relating to the Marine Park, including—

(i) information and advice in relation to any agreement (including any proposed agreement) between the Commonwealth and Queensland on such matters;

 

(ii) information and advice on the following matters:

(a) whether the Commonwealth should grant financial assistance to Queensland in respect of a matter relating to the Marine Park;

(b) the amount and allocation of such assistance;

(c) the terms and conditions (if any) on which such assistance should be granted; and

(iii) information and advice on the following matters:

(a) whether it is desirable that Queensland should make a payment to the Authority in respect of a matter relating to the Marine Park;

(b) the amount and allocation of such payment;

(c) the terms and conditions (if any) on which such payment should be given;

(cb) to receive and disburse moneys appropriated by the Parliament for payment to the Authority for the purpose of payment of the moneys to Queensland by way of financial assistance to Queensland in respect of matters that relate to the Marine Park;

(cc) to receive and disburse moneys paid to the Authority by Queensland under an agreement between—

(i) the Commonwealth and Queensland;

(ii) Queensland and the Authority; or

(iii) the Commonwealth, Queensland and the Authority;”; and

(b) by inserting after sub-section (1) the following sub-section:

“(1a) For the purposes of this section but without limiting the generality of paragraph (1) (ca) or (cb), a matter shall be taken to relate to the Marine Park if it relates to—

(a) the use or management of an area (which may be a Queensland national park or a Queensland marine park) the use or management of which would or might affect the Marine Park; or

(b) the use of a place outside the Marine Park for a purpose relating to the Marine Park.”.

Zoning plans to be laid before Parliament

4. (1) Section 33 of the Principal Act is amended—

(a) by omitting sub-section (1) and substituting the following sub-section:

“(1) Where a zoning plan has been accepted under section 32, the Minister shall cause it to be laid before both Houses of the Parliament as soon as practicable and not later than 15 sitting days after the day on which it was accepted.”; and

(b) by omitting from sub-sections (2) and (3) “20” and substituting “15”.

 

(2) The amendment made by paragraph (1) (a) applies only in relation to a zoning plan accepted after the commencement of this Act.

(3) The amendment made by paragraph (1) (b) applies only in relation to a zoning plan laid before a House of the Parliament after the commencement of this Act.

Application of moneys

5. Section 53 of the Principal Act is amended by inserting “, other than moneys referred to in section 54a or 54b,” after “Authority” (first occurring).

Estimates

6. Section 54 of the Principal Act is amended by inserting in sub-section (2) “, other than moneys referred to in section 54a or 54b,” after “Moneys”.

7. After section 54 of the Principal Act the following sections are inserted:

Financial assistance for Queensland

“54a. Where moneys appropriated by the Parliament for payment to the Authority for the purpose of payment of the moneys to Queensland by way of financial assistance to Queensland are paid to the Authority, the Authority shall, subject to any terms and conditions relating to the assistance, pay those moneys to Queensland.

Moneys paid by Queensland

“54b. Where, under an agreement referred to in paragraph 7 (1) (cc), moneys are paid by Queensland to the Authority for expenditure for a purpose, the Authority shall expend those moneys for that purpose and not otherwise.”.

Power to purchase and dispose of assets

8. Section 56 of the Principal Act is amended by inserting in paragraph (a) “(other than a contract with Queensland)” after “contract”.

Appropriate accounts to be kept

9. Section 57 of the Principal Act is amended by inserting “, including moneys referred to in section 54a or 54b,” after “Authority” (third occurring).

NOTE

1. No. 85, 1975, as amended. For previous amendments, see Nos. 36 and 140, 1978; No. 155, 1979; No. 70, 1980; and No. 80, 1982.