Great Barrier Reef Marine Park Amendment Regulations 2002 (No 5) (Cth)

Great Barrier Reef Marine Park Amendment Regulations 2002 (No. 5)1

Statutory Rules 2002 No. 2092

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 5 September 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. 5).

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]Paragraph 9 (4) (a)

omit

[2]After subregulation 10 (3)

insert

• (3A)

  An application for a relevant permission to use or enter the Princess Charlotte Bay area of the Conservation Park Zone for commercial netting must, in addition to containing the information required under subregulation (2), be accompanied by adequate evidence showing that the applicant satisfies the condition mentioned in subregulation 13AA (1).

• (3B)

  For subregulation (3A), an application is taken to be accompanied by adequate evidence if the application is accompanied by:

  • (a)

    a certificate, or a certified copy of a certificate, issued under section 74 of the Fisheries Act 1994 of Queensland, showing that the applicant is the holder of a primary commercial fishing boat licence of the kind mentioned in paragraph 13AA (1) (a); and

  • (b)

    a copy of each of the documents specified in subregulation (3C), certified to be a true copy by the chief executive (within the meaning of the Fisheries Act 1994 of Queensland) or by a person at his or her direction, showing that the matters mentioned in paragraphs 13AA (1) (b) and (c) had occurred.

• (3C)

  For paragraph (3B) (b), the following documents are specified:

  • (a)

    each relevant return, or part of the return, given to the former Queensland Fisheries Management Authority under section 109 of the Fisheries Regulation 1995 of Queensland;

  • (b)

    if applicable, each relevant return, or part of the return, given to the former Queensland Fish Management Authority under the repealed Fishing Industry Organisation and Marketing Act 1982 of Queensland.

[3]After regulation 13

insert

13AAPermission to use or enter Princess Charlotte Bay area of Conservation Park Zone for commercial netting

• (1)

  For subclause 6.5.2 of the zoning plan, the Authority may grant a permission to a person to use or enter the Princess Charlotte Bay area of the Conservation Park Zone for commercial netting only if the person is the holder of a primary commercial fishing boat licence:

  • (a)

    that authorises commercial netting to be carried out in the specified area; and

  • (b)

    in accordance with which commercial netting was carried out in the specified area:

    • (i)

      at any time between 1 January 1996 and 31 December 1999 (inclusive); and

    • (ii)

      at any time in 3 or more calendar years between 1 January 1988 and 31 December 1999 (inclusive); and

  • (c)

    in accordance with which at least 5 tonnes of harvest were taken while commercial netting was being carried out in the specified area in the period mentioned in subparagraph (b) (ii).

• (2)

  In this regulation:

commercial netting means netting of a kind declared to be commercial netting under subregulation 9 (4).

primary commercial fishing boat licence means a primary commercial fishing boat licence issued under the Fisheries Regulation 1995 of Queensland.

specified area means the area enclosed by the meridians of longitude 143° 30.00¢ E and 144° 30.00¢ E and the parallels of latitude 14° 00.00¢ S and 14° 30.00¢ S.

Note   The area as defined is known as the Queensland fisheries logbook areas D11 and E11.

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, 73, 112 and 177.

2. Notified in the Commonwealth of Australia Gazette