Great Barrier Reef Marine Park Amendment Regulations 1999 (No. 1) (Cth)

Great Barrier Reef Marine Park Amendment Regulations 1999 (No. 1)

Statutory Rules 1999 No. 252

I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under theGreat Barrier Reef Marine Park Act 1975.

Dated 20 October 1999.

WILLIAM DEANE

Governor-General

By His Excellency’s Command,

ROBERT HILL

Minister for the Environment and Heritage

Great Barrier Reef Marine Park Amendment Regulations 1999 (No. 1)1

Statutory Rules 1999 No. 2522

made under the

Great Barrier Reef Marine Park Act 1975

   

Contents

Page

• •
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1Name of Regulations

 These Regulations are the Great Barrier Reef Marine Park Amendment Regulations 1999 (No. 1).

2Commencement

 These Regulations commence on gazettal.

3Amendment of Great Barrier Reef Marine Park Regulations

• (1)

  Schedule 1 amends the Great Barrier Reef Marine Park Regulations.

• (2)

  Schedule 2 further amends those Regulations (as amended by Schedule 1).

• (3)

  Schedule 3 further amends those Regulations (as amended by Schedules 1 and 2).

4References in Zoning Plans or plans of management to renumbered provisions

 If a regulation is renumbered, a reference in a Zoning Plan or a plan of management to the regulation by its number before renumbering is taken to be a reference to it by its number after renumbering.

Schedule 1Amendments of the Great Barrier Reef Marine Park Regulations

(regulation 3)

Part1Major amendments

[1]Regulation 1

substitute

1Name of Regulations

 These Regulations are the Great Barrier Reef Marine Park Regulations 1983.

[2]Subregulation 4 (1), before definition of authority

insert

authorisation means an authorisation referred to in the Cairns Area Plan of Management 1998 or the Whitsundays Plan of Management 1998, and granted under regulation 13AL.

[3]After subregulation 4 (1)

insert

• (1A)

  In these Regulations, a reference to the Cairns Area Plan of Management 1998 or the Whitsundays Plan of Management 1998 is a reference to that Plan as in force at the commencement of this subregulation.

[4]Part 2A, before regulation 13AA

insert

Division 1General

[5]Part 2A, after regulation 13AG

insert

Division 2Authorisations

13AHWhat this Division does

 This Division sets out how to apply for an authorisation:

• (a)

  to do something in the Cairns Planning Area that is permitted by a relevant permission in force immediately before 1 July 1999, but is not permitted by a provision of the Cairns Area Plan of Management 1998 together with regulation 59; or

• (b)

  to do something in the Whitsunday Planning Area that is permitted by a relevant permission in force immediately before the day regulation 62 commences, but is not permitted by a provision of the Whitsunday Plan of Management 1998 together with regulation 63.

13AIApplication for authorisation

• (1)

  The holder of an existing permission that, but for clause 2.9, 2.10 or 2.11 of the Cairns Area Plan of Management 1998 and regulation 59, would authorise the holder to do something, may apply to the Authority for an authorisation to do the thing.

• (2)

  In subregulation (1):

existing permission has the same meaning as in the Cairns Area Plan of Management 1998.

• (3)

  The holder of an existing permission that, but for clause 2.4, 2.5 or 2.6 of the Whitsundays Plan of Management 1998 and regulation 63, would authorise the holder to do something, may apply to the Authority for an authorisation to do the thing.

• (4)

  In subregulation (3):

existing permission has the same meaning as in the Whitsundays Plan of Management 1998.

• (5)

  A person other than a holder mentioned in subregulation (1) or (3) is not entitled to apply for such an authorisation.

• (6)

  The application:

  • (a)

    must be in writing; and

  • (b)

    must set out:

    • (i)

      the name and address of the applicant; and

    • (ii)

      the details of the permission to which the authorisation is to be attached; and

    • (iii)

      details of the activity, including its location.

13AJAsking for more information about an application

• (1)

  The Authority may ask an applicant for an authorisation in writing to give the Authority, in writing, any other information that the Authority reasonably needs to consider the application.

• (2)

  If the Authority asks for information under subregulation (1) about an application, and the applicant does not give the Authority the information within 60 days after the Authority asks for it, or any further time that the Authority allows before the end of the first 60-day period, the application lapses.

13AKConsideration of application

 In considering an application for an authorisation, the Authority must take into account:

• (a)

  any relevant eligibility criteria set out in the relevant Plan of Management; and

• (b)

  the requirements for ensuring the orderly and proper management of the Marine Park; and

• (c)

  any charge payable by the applicant in relation to a chargeable permission (whether or not in force) that is overdue for payment.

13ALGrant or refusal of authorisation

• (1)

  If a person has applied for an authorisation, and has complied with any request by the Authority for more information about the application, the Authority must grant, or refuse to grant, the authorisation.

• (2)

  The Authority must not grant an authorisation to do something except to a person who holds an existing permission that would, but for a section of the relevant Plan of Management, authorise the holder to do the thing.

• (3)

  Except in special circumstances (within the meaning of the relevant Plan of Management), the Authority must not grant an authorisation applied for on or after:

  • (a)

    in the case of something to be done in the Cairns Planning Area — 1 July 1999; or

  • (b)

    in the case of something to be done in the Whitsunday Planning Area — the day mentioned in regulation 62.

• (4)

  An authorisation may be granted subject to conditions, including:

  • (a)

    a condition allowing the giving of authorities, and specifying how many persons may be given authorities; and

  • (b)

    a condition indemnifying the Authority in respect of costs to the Authority that the authorisation holder’s activities might incur; and

  • (c)

    any other condition appropriate to the attainment of the object of the Act (including a requirement that the authorisation holder give the Authority a written undertaking in a form approved by the Authority).

• (5)

  The Authority must give the person written notice of its decision, setting out:

  • (a)

    if the decision was to grant an authorisation — the details of the permission to which it is attached; and

  • (b)

    if the authorisation was granted subject to a condition — details of the condition and the Authority’s reasons for imposing it; and

  • (c)

    if the decision was to refuse to grant the authorisation sought — the reasons for the refusal.

• (6)

  If the Authority’s decision was to refuse the authorisation, or to grant the authorisation subject to a condition, the written notice must include a statement to the effect that the applicant:

  • (a)

    may ask the Authority to reconsider the decision; and

  • (b)

    if the applicant is dissatisfied with the Authority’s decision on reconsideration, may apply to the AAT for review of that decision.

Note   See Pt 9 of these Regulations concerning reconsideration and review of decisions.

13AMWhen condition or refusal has effect

• (1)

  A decision to grant an authorisation unconditionally has effect immediately after the relevant permission holder is told in writing of the decision.

• (2)

  A decision to refuse to grant an authorisation, or to grant an authorisation subject to a condition, has effect 6 months after the relevant permission holder is told in writing of the decision.

• (3)

  Until a decision to which subregulation (2) applies has effect, the permission holder may continue to carry on the relevant activity in accordance with the permission.

13ANAuthorisation is part of permission

 Except as otherwise provided in these Regulations, an authorisation is part of the relevant permission mentioned in the notice under subregulation 13AL (5) as the relevant permission to which it is attached.

13AOHow long authorisation remains in force

• (1)

  An authorisation remains in force while the permission to which it is attached remains in force, or until the authorisation is surrendered or revoked.

• (2)

  A permission holder may surrender an authorisation without surrendering the permission to which it is attached.

13APVariation of authorisation in certain circumstances

 If an authorisation is granted subject to a condition, the Authority may vary the condition at any time (with the written consent of the holder of the permission to which the authorisation is attached), in circumstances other than those to which subregulation 20 (1) or (1A) or 20A (1) applies, to ensure that the condition is appropriate to the attainment of the object of the Act.

[6]After subregulation 19 (2)

insert

• (3)

  Subregulations (1) and (2) apply to an application for an authorisation as if references in those subregulations to a permission were references to an authorisation.

[7]After subregulation 19D (1)

insert

• (1A)

  If a prescribed permission is taken to remain in force under subregulation (1), any authorisation attached to it is also taken to remain in force.

[8]After regulation 19E

insert

19EATransfer of authorisations

• (1)

  An authorisation cannot be transferred separately from the permission to which it is attached.

• (2)

  If a relevant permission is transferred, any authorisation attached to it is transferred with it.

[9]After regulation 20 (5)

insert

• (5A)

  Subregulations (1), (1A), (2), (3), (4) and (5) also apply to an authorisation as if references in those regulations to a permission or a relevant permission were references to an authorisation.

• (5B)

  However, an authorisation can be suspended separately from the permission to which it is attached.

[10]After regulation 20A (5)

insert

• (6)

  Subregulations (1), (2) (3), (4) and (5) also apply to an authorisation as if references in those regulations to a permission or a relevant permission were references to an authorisation.

• (7)

  However, an authorisation can be suspended separately from the permission to which it is attached.

[11]After regulation 21 (2)

insert

• (7)

  Subregulations (1), (2), (3), (4) and (5) also apply to an authorisation as if references in those subregulations to a relevant permission were references to an authorisation.

• (8)

  However, an authorisation can be revoked separately from the relevant permission to which it is attached.

[12]The subregulations of regulation 21

renumber consecutively beginning with (1)

[13]Regulation 21A

omit

A person who

insert

• (1)

  A person who

[14]Regulation 21A, at the end

insert

• (2)

  Subregulation (1) also applies to an authorisation as if references in that subregulation to a relevant permission were references to an authorisation.

• (3)

  However, an authorisation can be revoked separately from the relevant permission to which it is attached.

[15]Paragraph 22 (1) (f)

omit

subregulation 21 (1AA)

insert

subregulation 21 (2)

[16]After subregulation 22B (1)

insert

• (1A)

  A person who applied for the grant of a authorisation may ask the Authority to reconsider its decision on the application.

[17]Paragraph 22B (4) (c)

substitute

• (c)

  be given to the Authority within 21 days after:

  • (i)

    in the case of a decision mentioned in subregulation (1A) — the day on which the person who applied for the relevant authorisation is told in writing of the decision; or

  • (ii)

    in the case of a decision mentioned in subregulation (3) — the day on which the operator or proposed operator is told in writing of the decision; or

  • (iii)

    in any other case — the day notice of the decision is published in the Gazette.

[18]Regulation 54

omit

Division

insert

Part

[19]After regulation 56

insert

Part 7Cairns Area Plan of Management 1998 — enforcement provisions

57Definition

 In this Part:

Plan means the Cairns Area Plan of Management 1998.

58Date of effect of enforcement provisions of Plan

 Part 2 (Enforcement provisions) of the Plan takes effect as from the day this regulation commences.

59Offences

• (1)

  Except in accordance with an authorisation, or as permitted by subregulation 13AM (3), a person must not contravene a provision of Part 2 of the Plan.

  Penalty:   10 penalty units.

• (2)

  A contravention of subregulation (1) (other than a contravention of that subregulation constituted by a contravention of subclause 2.14 (1) of the Plan) is an offence of strict liability.

• (3)

  In subregulation (2), offence of strict liability has the meaning given by clause 6.1 of the Criminal Code.

60Restrictions on access to Planning Area in certain permissions

• (1)

  In this regulation:

Planning Area has the same meaning as in the Plan.

• (2)

  A condition or restriction, of a kind mentioned in paragraph (a), (b), (c), (d), (e) or (f), in a permission ceases to have effect when this regulation commences:

  • (a)

    a condition prohibiting anchoring at Flynn Reef, the National Park zone of Hastings Reef, Milln Reef, Norman Reef or Saxon Reef;

  • (b)

    a condition to the effect that, unless using the Cairns Professional Game Fishing Association moorings, the permission holder must not:

    • (i)

      go within 1 nautical mile of Michaelmas Cay; or

    • (ii)

      go to Upolu Reef;

  • (c)

    a condition requiring the permission holder to obtain a booking number from the Queensland Department of the Environment before going to Green Island Reef;

  • (d)

    a condition that the permission holder must not take 16 or more passengers to Green Island Reef more often than once a month;

  • (e)

    a condition prohibiting the permission holder from taking a vessel to any of the places mentioned in the table:

Reef number	Name
16-063	Buffer zone of Euston Reef
16-049	National Park and buffer zones of Green Island Reef
16-028	National Park zone of Low Island
16-028	National Park and buffer zones of Low Islets Reef
16-060	The area of Michaelmas Reef within 1 nautical mile of Michaelmas Cay
16-044	The area of Middle Reef enclosed by the reef edge around Vlasoff Cay
17-012a	Normanby Island Cay
17-001	The area of Sudbury Reef within 1 nautical mile of Sudbury Cay
16-046	Habitat protection zone of Upolu Reef

• (f)

  a condition prohibiting the permission holder flying over, or landing an aircraft at, any of the places mentioned in the table:

Reef number	Name
15-065	East Hope Island
Frankland Islands Group reefs
16-049	Green Island
16-028	Low Island
16-028	Low Islets Reef
16-015	Mackay Reef
16-060	Michaelmas Cay
14-116d	Seabird Islet (Lizard Group)
16-020	Undine Cay
16-046	Upolu Reef
16-028	Woody Island (Low Isles Reef)
15-064	West Hope Island

• (3)

  A permission is taken to allow the permission holder to have access to a place in the Planning Area:

  • (a)

    to the extent specified in Division 5 of Part 1 of the Plan as being permissible without an exemption granted by the Authority; or

  • (b)

    to any greater extent allowed by a relevant authorisation.

    Part 8Whitsundays Plan of Management 1998 — enforcement provisions

61Definition

 In this Part:

Plan means the Whitsundays Plan of Management 1998.

62Date of effect of enforcement provisions

 Part 2 (Enforcement provisions) of the Plan takes effect as from the day this regulation commences.

63Offences

• (1)

  Except in accordance with an authorisation, or as permitted by subregulation 13AM (3), a person must not contravene a provision of Part 2 of the Plan.

  Penalty:   10 penalty units.

• (2)

  A contravention of subregulation (1) (other than a contravention of that subregulation constituted by a contravention of subclause 2.12 (1) of the Plan) is an offence of strict liability.

• (3)

  In subregulation (2), offence of strict liability has the meaning given by clause 6.1 of the Criminal Code.

  Part 9Notification and review of decisions

  Part 10Miscellaneous

Part2Amendments to cross-references

[20]Amendments to cross-references

Provision	omit	insert
Subregulation 22A (1)	subregulation 22 (1)	subregulation 64 (1)
Subregulation 22A (1)	subregulation 22 (2)	subregulation 64 (2)
Paragraph 22A (1) (a)	paragraph 22 (1) (a), (b), (c), (e) or (f)	paragraph 64 (1) (a), (b), (c), (e) or (f)
Paragraph 22A (1) (d)	paragraph 22 (1) (d)	paragraph 64 (1) (d)
Subregulation 22B (1)	paragraph 22 (1) (a), (b), (c), (e) or (f)	paragraph 64 (1) (a), (b), (c), (e) or (f)
Subregulation 22B (2)	paragraph 22 (1) (d)	paragraph 64 (1) (d)
Subregulation 22B (5)	subregulation 22C (5)	subregulation 67 (5)
Subregulation 22C (1)	regulation 22B	regulation 66
Regulation 22D	subregulation 22C (2)	subregulation 67 (2)
Paragraph 35B (2) (b)	regulation 22	regulation 64

Schedule 2Amendments of the Great Barrier Reef Marine Park Regulations (as amended by Schedule 1)

(regulation 3)

Do not delete: Schedule Part placeholder

[1]Regulations 22, 22A, 22B, 22C and 22D

relocate as regulations 64, 65, 66, 67 and 68 in Part 9

[2]Regulations 23, 24 and 25

relocate as regulations 69, 70 and 71 in Part 10

Schedule 3Amendments of the Regulations (as amended by Schedules 1 and 2)

(regulation 3)

Do not delete: Schedule Part placeholder

[1]Parts of the Regulations

renumber consecutively beginning with 1

[2]Divisions in a Part

renumber consecutively beginning with 1

[3]Subdivisions in a Division

renumber consecutively beginning with 1

[4]Regulations

renumber consecutively beginning with 1

[5]Subregulations in a regulation

renumber consecutively beginning with (1)

[6]Paragraphs in a regulation that is not divided into subregulations, or in a subregulation or definition

re-letter consecutively with lower-case letters beginning with (a)

[7]Subparagraphs in a paragraph

renumber consecutively with lower-case roman numerals beginning with (i)

[8]Schedules

renumber consecutively beginning with 1

[9]Parts of a Schedule

renumber consecutively beginning with 1

[10]A reference to a renumbered provision

omit the provision number, insert its number after renumbering

Notes

1. These Regulations amend Statutory Rules 1983 No. 262, as amended by 1985 No. 169; 1986 No. 1; 1987 No. 247; 1988 No. 185; 1989 Nos. 269, 367 and 368; 1990 Nos. 9 and 35; 1991 Nos. 63, 257 and 296; 1992 No. 69; 1993 Nos. 188, 206 and 266; 1996 No. 277; 1997 Nos. 96 and 326.

2. Made by the Governor-General on 20 October 1999, and notified in the Commonwealth of Australia Gazette on 27 October 1999.