Great Barrier Reef Marine Park Amendment Regulations 2002 (No. 3) (Cth)

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Great Barrier Reef Marine Park Amendment Regulations 2002 (No. 3)1

Statutory Rules 2002 No. 1122

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 6 June 2002

PETER HOLLINGWORTH

Governor-General

By His Excellency’s Command

DAVID KEMP

Minister for the Environment and Heritage

1Name of Regulations

 These Regulations are the Great Barrier Reef Marine Park Amendment Regulations 2002 (No. 3).

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]Subregulation 4 (2)

substitute

  • (2)

    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.

[2]Regulation 112

substitute

112Date of effect of enforcement provisions of Plan

  • (1)

    Subject to subregulation (2), Part 2 of the Plan, as amended by the Cairns Area Plan of Management Amendment 2002 (No. 1), takes effect on the day on which this regulation commences.

  • (2)

    Clause 2.25 of the Plan, as amended by the Cairns Area Plan of Management Amendment 2002 (No. 1), takes effect on the day specified by the Authority in a notice published in the Gazette for the purposes of this subregulation.

[3]Subregulation 113 (1)

omit

A person

insert

A person, other than the Authority acting in accordance with its functions and powers,

[4]Regulation 116

substitute

116Date of effect of enforcement provisions of Plan

Part 2 of the Plan, as amended by the Whitsundays Plan of Management Amendment 2002 (No. 1), takes effect on the day on which this regulation commences.

[5]Subregulation 117 (1)

omit

A person

insert

A person, other than the Authority acting in accordance with its functions and powers,

[6]After regulation 117

insert in Part 12

117ACruise ship anchorages

 For the Whitsundays Plan of Management 1998, cruise ship anchorage means an anchorage described in Schedule 9.

[7]After subparagraph 120 (1) (a) (ii)

insert

  • (iii)

    a relevant permission to conduct a tourist program that includes, as part of the program, swimming-with-whales activities in the Cairns Planning Area; or

[8]After subregulation 120 (1B)

insert

  • (1C)

    A person who applied for the grant of a relevant permission to conduct a tourist program that includes, as part of the program, swimming-with-whales activities in the Cairns Planning Area may ask the Authority to reconsider its decision on the application.

[9]After Schedule 8

insert

Schedule 9Cruise ship anchorages

(regulation 117A)

1Geographic coordinates

 For this Schedule, all geographic coordinates are expressed in terms of the Geocentric Datum of Australia, 1994.

2Hardy Reef Cruise Ship Anchorage

 The point within the Great Barrier Reef Marine Park at or about 19° 44.45´ S, 149° 08.40´ E, being approximately 1.10 nautical miles due west of the beacon depicted as No. 2 on Hydrographic Chart AUS254.

3Cid Harbour Cruise Ship Anchorage

 The area of the Great Barrier Reef Marine Park bounded by a notional line beginning at 20° 14.30´ S, 148° 56.00´ E and running progressively:

  • south-easterly along the geodesic to 20° 15.00´ S, 148° 56.20´ E

  • south along the meridian to 20° 15.70´ S, 148° 56.20´ E

  • west along the parallel to 20° 15.70´ S, 148° 55.80´ E

  • north-easterly along the geodesic to 20° 14.30´ S, 148° 55.20´ E

  • east along the parallel to the point of commencement.

4Turtle Bay Cruise Ship Anchorage

 The area of the Great Barrier Reef Marine Park bounded by a notional line beginning at 20° 19.50´ S, 149° 01.00´ E and running progressively:

  • south along the meridian to 20° 20.00´ S, 149° 01.00´ E

  • west along the parallel to 20° 20.00´ S, 148° 59.50´ E

  • north along the meridian to 20° 19.50´ S, 148° 59.50´ E

  • east along the parallel to the point of commencement.

5Funnel Bay Cruise Ship Anchorage

 The area of the Great Barrier Reef Marine Park bounded by a notional line beginning at 20° 13.20´ S, 148° 44.75´ E and running progressively:

  • south along the meridian to 20° 14.60´ S, 148° 44.75´ E

  • west along the parallel to 20° 14.60´ S, 148° 43.00´ E

  • north along the meridian to 20° 13.20´ S, 148° 43.00´ E

  • east along the parallel to the point of commencement.

6Port Molle Cruise Ship Anchorage

 The area of the Great Barrier Reef Marine Park bounded by a notional line beginning at 20° 19.00´ S, 148° 50.10´ E and running progressively:

  • south-easterly along the geodesic to 20° 19.80´ S, 148° 50.60´ E

  • west along the parallel to 20° 19.80´ S, 148° 50.00´ E

  • north-westerly along the geodesic to 20° 19.00´ S, 148° 49.50´ E

  • east along the parallel to the point of commencement.

7South East Hamilton Cruise Ship Anchorage

 The point within the Great Barrier Reef Marine Park at or about 20° 22.10´ S, 148° 59.25´ E.

8South Hayman Cruise Ship Anchorage

 The area of the Great Barrier Reef Marine Park bounded by a notional line beginning at 20° 04.20´ S, 148° 53.40´ E and running progressively:

  • south-westerly along the geodesic to 20° 04.70´ S, 148° 53.20´ E

  • north-westerly along the geodesic to 20° 04.28´ S, 148° 52.27´ E

  • north-easterly along the geodesic to 20° 03.90´ S, 148° 52.51´ E

  • south-easterly along the geodesic to the point of commencement.

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, 197 and 307; 2002 Nos. 8, 72 and 73.

2. Notified in the Commonwealth of Australia Gazette

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