Great Barrier Reef Marine Park Amendment Regulations 2001 (No. 2) (Cth)

Great Barrier Reef Marine Park Amendment Regulations 2001 (No. 2)1

Statutory Rules 2001 No. 1782

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 28 June 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. 2).

2Commencement

 These Regulations commence on 1 January 2002.

3Amendment of Great Barrier Reef Marine Park Regulations 1983

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

Schedule 1Amendments

Do not delete: Schedule Part placeholder

(regulation 3)

[1]Subregulation 4 (1), after definition of authority

insert

bareboat operation means a commercial operation that involves the use of a bareboat.

[2]Subregulation 4 (1), after definition of the Act

insert

Uniform Shipping Laws Code has the meaning given by section 427 of the Navigation Act 1912.

Whitsunday Planning Area has the meaning given by the Whitsundays Plan of Management 1998.

[3]After subregulation 4 (4)

insert

• (5)

  A vessel is a bareboat if the vessel is:

  • (a)

    a commercial ship registered under the Transport Operations (Marine Safety) Regulation 1995 of Queensland as a class 1F ship; and

  • (b)

    more than 6 m in length; and

  • (c)

    when hired or otherwise made available under a commercial arrangement, made available:

    • (i)

      for a person's recreational use; and

    • (ii)

      without master or crew.

Examples

Cruiser, houseboat, yacht.

[4]Regulation 57, heading

substitute

57Suspension of permission — non-compliance with Part 9

[5]After Part 7

insert

Part 7ABareboat operations

66ARegister of appropriately qualified persons

• (1)

  The Authority must:

  • (a)

    keep a register of persons appropriately qualified for bareboat operations; and

  • (b)

    show the register to any person who asks to see it at the Authority’s office when the office is open.

• (2)

  A person is taken to be appropriately qualified for a bareboat operation if the person holds:

  • (a)

    for senior staff and persons responsible for briefing clients of the operation:

    • (i)

      a Statement of Attainment from the Barrier Reef Institute of TAFE (Whitsunday Bareboat Course — Briefer) or equivalent; and

    • (ii)

      a Restricted Radio Operator’s Certificate; and

    • (iii)

      an Australian Yachting Federation TL4 Inshore Certificate or equivalent; and

    • (iv)

      for a person responsible for briefing clients about a bareboat that is less than 15 m long — a restricted coxswain’s licence under the Uniform Shipping Laws Code; and

    • (v)

      for a person responsible for briefing clients about a bareboat that is at least 15 m long — a restricted master class 5 licence under the Uniform Shipping Laws Code; or

  • (b)

    for radio operators:

    • (i)

      a Statement of Attainment from the Barrier Reef Institute of TAFE (Whitsunday Bareboat Course — Briefer) or equivalent; and

    • (ii)

      a Restricted Radio Operator’s Certificate.

66BSuspension or revocation of permission

• (1)

  The Authority may suspend a permission for a bareboat operation being conducted in the Whitsunday Planning Area if the operation does not comply with the following requirements:

  • (a)

    its senior staff, persons responsible for briefing clients and persons operating radio facilities

    must be registered with the Authority under regulation 66A;

  • (b)

    its vessels must have protection and public liability indemnity insurance for at least $5 000 000;

  • (c)

    it must have available on-board and on-shore facilities for the disposal of garbage;

  • (d)

    each of its vessels must display a unique identification number, issued by the Authority, when it operates in the Marine Park.

• (2)

  If the holder of a permission for a bareboat operation does not take reasonable steps to ensure compliance with the requirements, the Authority may revoke the permission after it has been suspended for 60 days.

66COffences — identification numbers

 A person may display, on a vessel, an identification number issued by the Authority for paragraph 66B (1) (d) only if:

• (a)

  the person is the holder of a permission for a bareboat operation, being a permission that is not suspended; and

• (b)

  the vessel is of a kind that the permission allows to be used for the operation; and

• (c)

  the identification number was issued by the Authority for the permission for the bareboat operation.

Penalty:   10 penalty units.

[6]Paragraph 118 (1) (f)

omit

permission.

insert

permission;

[7]After paragraph 118 (1) (f)

insert

• (g)

  a decision under regulation 66B to suspend or revoke a permission.

[8]Paragraph 119 (1) (a)

omit

or (f)

insert

, (f) or (g)

[9]Paragraph 119 (1) (b)

omit everything before

 — that

insert

if the decision is a decision mentioned in paragraph 118 (1) (d)

[10]Paragraph 120 (1) (b)

omit

or (f);

insert

, (f) or (g);

[11]Subregulation 120 (6)

substitute

• (6)

  This regulation does not apply to a decision made under subregulation 121 (2).

[12]Schedule 1, Part 4, item for Crustacea

omit

specis

insert

species

[13]Schedule 1, Part 4, item for Crustacea

omit

shover-nosed

insert

shovel-nosed

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; Statutory Rules 2001 No. 12.

2. Notified in the Commonwealth of Australia Gazette