Great Barrier Reef Marine Park Amendment Regulations 2001 (No. 4) (Cth)

Great Barrier Reef Marine Park Amendment Regulations 2001 (No. 4)1

Statutory Rules 2001 No. 3072

I, PETER JOHN HOLLINGWORTH, 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 8 October 2001

PETER HOLLINGWORTH

Governor-General

By His Excellency’s Command

ROBERT HILL

Minister for the Environment and Heritage

Contents

• •
• •

1Name of Regulations

 These Regulations are the Great Barrier Reef Marine Park Amendment Regulations 2001 (No. 4).

2Commencement

 These Regulations commence as follows:

• (a)

  on gazettal — regulations 1 to 3 and Schedule 1;

• (b)

  on 1 January 2004 — Schedule 2.

3Amendment of Great Barrier Reef Marine Park Regulations 1983

 Schedules 1 and 2 amend the Great Barrier Reef Marine Park Regulations 1983.

Schedule 1Amendments commencing on gazettal

(regulation 3)

  

[1]Subregulation 45A (2), note

substitute

Note 1   A defendant bears an evidential burden for matters in subregulation (2) — see Criminal Code, subsection 13.3 (3).

Note 2 In accordance with theGreat Barrier Reef Marine Park Amendment Regulations 2001 (No. 4), on 1 January 2004 subparagraphs (2) (a) (i) to (iii) will be replaced with the following subparagraphs:

‘(i) that is surveyed to carry up to 6 passengers; or

(ii) that is more than 1 000 metres seawards of the mean low water mark of an island or the mainland; or

(iii) that is more than 1 000 metres seawards of the seaward edge of the nearest reef; or

(iv) if the sewage has received tertiary treatment before it is discharged; or

(v) if the discharge was for the purpose of saving life at sea or securing the safety of the vessel or aircraft; or’.

[2]Subregulation 45A (3), at the foot

insert

Note In accordance with theGreat Barrier Reef Marine Park Amendment Regulations 2001 (No. 4), on 1 January 2004 the following subregulation will be added:

‘(4) For subparagraph (2) (a) (iv), sewage is taken to have received tertiary treatment if the effluent discharge complies with the standards mentioned in subregulation 74 (3).’.

[3]After regulation 45A

insert

45BDischarge of sewage from vessel in Cairns Section

 A provision of the zoning plan for the Cairns Section that deals with discharge of waste from a facility is not taken to deal with discharge of sewage from a vessel.

[4]Paragraphs 67 (4) (a) and (5) (a)

after

Environment Protection (Impact of Proposals) Act 1974

insert

or the Environment Protection and Biodiversity Conservation Act 1999

[5]Paragraph 74 (3) (g)

omit

litre.

insert

litre;

[6]After paragraph 74 (3) (g)

insert

• (h)

  total oil and grease content is less than 10 mg/litre;

• (i)

  the effluent does not produce a slick or any other visible evidence of oil or grease;

• (j)

  if the effluent has been disinfected by chlorination, the effluent does not contain by‑products of the disinfection that may pollute water in a manner harmful to animals or plants in the Marine Park.

 

Schedule 2Amendments commencing on 1 January 2004

(regulation 3)

  

[1]Subparagraphs 45A (2) (a) (i) to (iii)

substitute

• (i)

  that is surveyed to carry up to 6 passengers; or

• (ii)

  that is more than 1 000 metres seawards of the mean low water mark of an island or the mainland; or

• (iii)

  that is more than 1 000 metres seawards of the seaward edge of the nearest reef; or

• (iv)

  if the sewage has received tertiary treatment before it is discharged; or

• (v)

  if the discharge was for the purpose of saving life at sea or securing the safety of the vessel or aircraft; or

[2]Subregulation 45A (2), notes 1 and 2

substitute

Note   A defendant bears an evidential burden for matters in subregulation (2) — see Criminal Code, subsection 13.3 (3).

[3]Subregulation 45A (3), note

omit

[4]After subregulation 45A (3)

insert

• (4)

  For subparagraph (2) (a) (iv), sewage is taken to have received tertiary treatment if the effluent discharge complies with the standards mentioned in subregulation 74 (3).

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 Nos. 12, 178 and 197.

2. Notified in the Commonwealth of Australia Gazette on 15 October 2001.