Great Barrier Reef Marine Park Amendment Regulations 2001 (No. 1) (Cth)

Great Barrier Reef Marine Park Amendment Regulations 2001 (No. 1)1

Statutory Rules 2001 No. 122

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 the Great Barrier Reef Marine Park Act 1975.

Dated 6 February 2001

WILLIAM DEANE

Governor-General

By His Excellency’s Command

ROBERT HILL

Minister for the Environment and Heritage

1Name of Regulations

 These Regulations are the Great Barrier Reef Marine Park Amendment Regulations 2001 (No. 1).

2Commencement

 These Regulations commence on gazettal.

3Amendment of Great Barrier Reef Marine Park Regulations 1983

Schedule 1 amends the Great Barrier Reef Marine Park Regulations 1983.

Schedule 1Amendments

  

(regulation 3)

[1]After regulation 5

insert

5APrescribed officers

 For the definition of prescribed officer in subsection 38J (7) of the Act, each of the following persons is a prescribed officer:

• (a)

  a member of the staff of the Authority who performs the duties of any of the following positions in the Authority:

  • (i)

    Director Water Quality and Coastal Development;

  • (ii)

    Manager Water Quality;

  • (iii)

    Project Manager (Shipping and Maritime Pollution Response);

• (b)

  an officer (within the meaning of the Australian Maritime Safety Authority Act 1990) of the Australian Maritime Safety Authority who performs the duties of either of the following positions in that Authority:

  • (i)

    General Manager, Maritime Operations;

  • (ii)

    Manager Operations, Environment Protection Group;

• (c)

  an officer (within the meaning of the Public Service Act 1996 of Queensland) of the Department of Transport of Queensland who performs the duties of any of the following positions in that Department:

  • (i)

    Executive Director (Maritime);

  • (ii)

    Director (Maritime Services);

  • (iii)

    Principal Advisor, Marine Environment Protection;

  • (iv)

    Regional Harbour Master.

[2]Part 4, after Division 2

insert

Division 3Moorings in Cairns Planning Area

32AApplications for relevant permissions to construct moorings in Cairns Planning Area

• (1)

  When considering an application for a relevant permission for the construction and conduct of a mooring for vessels in the Cairns Planning Area, the Authority must do so in accordance with clause 1.21 of the Cairns Area Plan of Management, as in force on 1 January 2001.

• (2)

  For the purposes of clause 1.21 of the Cairns Area Plan of Management, the Authority may allocate the preference by ballot between 2 or more permit applicants that would otherwise receive equal preference for the construction and conduct of a mooring at or in a Location.

• (3)

  Subregulations (1) and (2) do not affect the operation of subregulations 18 (1) and (4) in relation to an application mentioned in subregulation (1).

[3]Subregulation 75 (1)

omit

• (1)

  For the purposes of

insert

For

[4]Paragraph 75 (1) (d)

omit

clams.

insert

clams;

[5]After paragraph 75 (1) (d)

insert

• (e)

  the construction and conduct of a mooring.

[6]Subregulation 120 (1)

substitute

• (1)

  A person whose interests are affected by:

  • (a)

    a decision mentioned in paragraph 118 (1) (a) (other than a decision in relation to an application for a relevant permission for the construction and conduct of a mooring for vessels in the Cairns Planning Area); or

  • (b)

    a decision mentioned in paragraph 118 (1) (b), (c), (e) or (f);

may ask the Authority to reconsider the decision.

• (1A)

  A person who applied for the grant of a relevant permission for the construction and conduct of a mooring for vessels in the Cairns Planning Area may ask the Authority to reconsider its decision on the application.

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; 1999 No. 252; 2000 No. 5; Act No. 137, 2000.

2. Notified in the Commonwealth of Australia Gazette