Great Barrier Reef Marine Park Amendment Regulations 2002 (No. 7) (Cth)

Great Barrier Reef Marine Park Amendment Regulations 2002 (No. 7)1

Statutory Rules 2002 No. 3382

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 19 December 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. 7).

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 (1), after Far Northern Section

insert

Gumoo Woojabuddee Section means the area:

1. (a)

   declared to be a part of the Great Barrier Reef Marine Park by Proclamation made under subsection 31 (1) of the Act and published in the Gazette on 14 January 1998; and

2. (b)

   assigned by that Proclamation the name Great Barrier Reef Marine Park — Gumoo Woojabuddee Section.

[2]Subregulation 6 (1)

after

22

insert

, 32G

[3]Subregulation 6 (3)

omit

or 22

insert

, 22 or 32G

[4]After Part 4

insert

Part 4AZones (Gumoo Woojabuddee Section)

Division 4A.1General

32BInterpretation

In this Part, unless the contrary intention appears:

designated area means a Seasonal Closure Area, Dugong Management Area, Defence Area or Shipping Area specified in the zoning plan or designated under regulation 32I.

zone means a zone into which the Gumoo Woojabuddee Section has been divided by the zoning plan.

zoning plan means the Gumoo Woojabuddee Section Zoning Plan.

32CZoning plan definitions — collecting, fishing, netting and crabbing

1. (1)

   For the purposes of the definition of bait netting contained in the zoning plan, nets of the following kinds are declared:

   1. (a)

      in relation to netting permitted in the Marine Park under Part 3 of Schedule 8 to the Fisheries Regulation 1995 of Queensland — nets described in section 12 of that Schedule;

   2. (b)

      in relation to netting permitted in the Marine Park under Part 1 of Schedule 13 to the Fisheries Regulation 1995 of Queensland — nets described in sections 4, 6 and 7 of that Schedule;

   3. (c)

      in relation to netting permitted in the Marine Park under Part 3 of Schedule 13 to the Fisheries Regulation 1995 of Queensland — nets described in section 25 of that Schedule.

2. (2)

   For the purposes of the definition of collecting contained in the zoning plan:

   1. (a)

      each animal, or each animal of a species, mentioned in Part 1 of Schedule 1 is a declared animal; and

   2. (b)

      each plant of a species mentioned in Part 2 of Schedule 1 is a declared plant; and

   3. (c)

      each marine product mentioned in Part 3 of Schedule 1 is a declared marine product.

3. (3)

   For the purposes of the definition of commercial netting contained in the zoning plan, nets of the following kinds are declared:

   1. (a)

      in relation to netting permitted in the Marine Park under Schedule 13 (except Part 1 and section 25) to the Fisheries Regulation 1995 of Queensland — nets described in that Schedule;

   2. (b)

      in relation to netting permitted in the Marine Park under Part 1 of Schedule 15 to the Fisheries Regulation 1995 of Queensland — nets described in that Part.

4. (4)

   For the purposes of the definition of crabbing contained in the zoning plan:

   1. (a)

      in relation to crabbing permitted by Part 1 of Schedule 8 to the Fisheries Regulation 1995 of Queensland — apparatus of a kind mentioned in subsection 3 (1) of that Schedule is declared; and

   2. (b)

      in relation to crabbing permitted by Schedule 11 to the Fisheries Regulation 1995 of Queensland — apparatus of a kind mentioned in subsection 4 (1) of that Schedule is declared; and

   3. (c)

      in relation to crabbing permitted by Part 5 of the Fisheries (Spanner Crab) Management Plan 1999 of Queensland — apparatus of a kind mentioned in section 48 of that Plan is declared; and

   4. (d)

      in relation to crabbing permitted by Part 6 of the Fisheries (Spanner Crab) Management Plan 1999 of Queensland — apparatus of a kind mentioned in section 68 of that Plan is declared.

Note 1 Subsection 3 (1) of Schedule 8 to the Fisheries Regulation 1995 of Queensland mentions crab pots, collapsible traps, dillies and inverted dillies. Subsection 4 (1) of Schedule 11 to that Regulation mentions crab pots, dillies and inverted dillies. Crab pot, collapsible trap, dilly and inverted dilly are defined, for the purposes of that Regulation, in Part 2 of Schedule 17 to that Regulation.

Note 2 Section 48 of the Fisheries (Spanner Crab) Management Plan 1999 of Queensland mentions dillies. Section 68 of that Plan mentions crab pots, collapsible traps, dillies and inverted dillies. Crab pot, dilly and inverted dilly are defined, for the purposes of that Plan, in Part 3 of Schedule 3 to that Plan.

1. (5)

   For the purposes of the definition of fishing contained in the zoning plan, a declared fish, crustacean or mollusc is a fish, crustacean or mollusc that is not in a taxon mentioned in Schedule 4.

2. (6)

   For the purposes of the definition of limited collecting contained in the zoning plan, the following limitations on the collection of shells, fish and invertebrates are declared:

   1. (a)

      collecting may be carried out only by hand or by the use of a hand-held implement;

   2. (b)

      not more than 5 shells, fish or invertebrates of any 1 species (except a species listed in Part 4 of Schedule 1) are to be collected, or held in possession, in any period of 28 days;

   3. (c)

      an invertebrate of a species listed in Part 4 of Schedule 1 is not to be collected with the aid of any underwater breathing apparatus except a snorkel;

   4. (d)

      an organism of a species listed in Schedule 3 is not to be collected except by a traditional inhabitant (within the meaning of the zoning plan) for his or her own use.

3. (7)

   For the purposes of the definition of limited crabbing contained in the zoning plan:

   1. (a)

      in relation to the taking of crabs under Part 1 of Schedule 8, or Schedule 11, to the Fisheries Regulation 1995 of Queensland or Part 6 of the Fisheries (Spanner Crab) Management Plan 1999 of Queensland, the declared number of crab pots, dillies or inverted dillies (alone or in combination) is 4; and

   2. (b)

      in relation to the taking of crabs under Part 5 of the Fisheries (Spanner Crab) Management Plan 1999 of Queensland:

      1. (i)

         the declared number of dillies, within the meaning of that Part, is 4; and

      2. (ii)

         the declared number of crab pots or inverted dillies is 0.

4. (8)

   For the purposes of the definition of limited line fishing contained in the zoning plan, the following limitations are declared:

   1. (a)

      the fishing must involve no more than 2 hand-held rods or handlines;

   2. (b)

      each line must have no more than 1 hook, artificial fly or lure.

32DApplication for a relevant permission

1. (1)

   An application to the Authority for a relevant permission must be in writing unless, for the purpose of giving urgent consideration to the application, the Authority agrees to accept an oral application.

2. (2)

   An application to the Authority for a relevant permission must contain the following information:

   1. (a)

      the name and address of the person making the application;

   2. (b)

      the name assigned to the Section of the Marine Park that is to be used or entered;

   3. (c)

      the name of the zone, and (if a designated area is proposed to be used or entered) the name of the designated area, that is to be used or entered;

   4. (d)

      the purposes for which the zone or designated area is to be used or entered;

   5. (e)

      any prudent and feasible alternatives to the proposed use or entry;

   6. (f)

      the proposed movements within the zone or designated area of any person proposing to use or enter the zone or designated area;

   7. (g)

      the location of the use of, or entry into, the zone or designated area, including the name of any shoal, reef or island on or near which the use or entry is proposed to take place;

   8. (h)

      the period in respect of which the relevant permission is sought;

   9. (i)

      the means of transport to be used for entry into, travel within, and departure from, the zone or designated area;

   10. (j)

       the maximum number of persons (if any) to whom the applicant intends to give an authority;

   11. (k)

       any other information that the Authority may reasonably require and has asked the applicant to provide.

3. (3)

   However, an application is not invalid only because it does not include all of the information required by subregulation (2).

4. (4)

   An application for a relevant permission for the purposes of research (including manipulative research), however described, must contain, in addition to the information required under subregulation (2), the following information:

   1. (a)

      the purpose of the research;

   2. (b)

      a brief description of the manner in which the research is to be undertaken, including:

      1. (i)

         a description of the sequence and location of fieldwork to be carried out; and

      2. (ii)

         an explanation of the experimental design and methods of analysis to be used in the research; and

      3. (iii)

         the number, quantity and description of any living or non-living matter to be taken for the purpose of the research; and

      4. (iv)

         the methods to be used in taking any such matter;

   3. (c)

      the frequency and duration of visits to the zone or designated area for the purposes of the research.

5. (5)

   In considering an application for a relevant permission, the Authority must have regard to:

   1. (a)

      the objective of the zone; and

   2. (b)

      the need to protect the cultural and heritage values held in relation to the Marine Park by traditional inhabitants and other people; and

   3. (c)

      the likely effect of granting permission on future options for the Marine Park; and

   4. (d)

      the conservation of the natural resources of the Marine Park; and

   5. (e)

      the nature and scale of the proposed use in relation to the existing use and amenity, and the future or desirable use and amenity, of the relevant area and of nearby areas; and

   6. (f)

      the likely effects of the proposed use on adjoining and adjacent areas and any possible effects of the proposed use on the environment, and the adequacy of safeguards for the environment; and

   7. (g)

      the means of transport for entry into, use within, or departure from, the zone or designated area and the adequacy of provisions for aircraft or vessel mooring, landing, taking off, parking, loading and unloading; and

   8. (h)

      in relation to any structure, landing area, farming facility, vessel or work to which the proposed use relates:

      1. (i)

         the health and safety aspects involved, including the adequacy of construction; and

      2. (ii)

         the arrangements for removal, upon the expiration of the permission, of the structure, landing area, farming facility or vessel or any other thing that is to be built, assembled, constructed or fixed in position as a result of that use; and

   9. (i)

      the arrangements for making good any damage caused to the Marine Park by the proposed activity; and

   10. (j)

       any other requirements for ensuring the orderly and proper management of the Marine Park; and

   11. (k)

       any charge payable by the applicant in relation to a chargeable permission (whether or not in force) that is overdue for payment; and

   12. (l)

       if the application relates to an undeveloped project, the cost of which will be large — the capacity of the applicant to satisfactorily develop the project.

6. (6)

   In considering an application for permission to enter or use a zone or designated area for the purpose of traditional fishing and collecting or for the purpose of traditional hunting, the Authority must have regard, in addition to the matters specified in subregulation (5), to the following matters:

   1. (a)

      the need for conservation of endangered species and, in particular, the capability of the relevant population of that species to sustain harvesting;

   2. (b)

      the means to be employed in the proposed traditional fishing or traditional hunting and gathering;

   3. (c)

      the number of animals or plants, or the amount of marine product, proposed to be taken;

   4. (d)

      the purpose of the proposed taking;

   5. (e)

      whether the entry and use of the area in which the activity is to take place will be in accordance with Aboriginal tradition or Islander tradition, as the case requires;

   6. (f)

      the normal place of residence of the applicant;

   7. (g)

      whether the applicant is a traditional inhabitant.

32EAdvertising of application

1. (1)

   If, in considering an application for a relevant permission, the Authority considers that the granting of such permission may restrict the reasonable use by the public of a part of the Marine Park, the Authority may, by notice in writing given to the applicant, require the applicant, within the period specified in that notice, to give public notice by written advertisement:

   1. (a)

      setting out any information relating to the application that the Authority reasonably requires; and

   2. (b)

      inviting interested persons to lodge with the Authority comments in writing in relation to the application within a period specified by the Authority, being a period of not less than 30 days; and

   3. (c)

      specifying an address to which such comments may be forwarded.

2. (2)

   Before making a decision in respect of an application for a relevant permission in relation to which public notice is required to be given under subregulation (1), the Authority must have regard to any written comments received in response to the notice.

3. (3)

   In subregulation (1), a reference to a written advertisement is a reference to a notice published on 2 days, separated by at least 7 days and not more than 14 days:

   1. (a)

      in the Gazette; and

   2. (b)

      in a newspaper that has circulation generally in Queensland; and

   3. (c)

      in any local newspaper that has circulation in an area of Queensland that is adjacent to a part of the Marine Park that is proposed to be used or entered.

32FAdditional information in relation to an application

1. (1)

   The Authority may, in respect of an application for a relevant permission, by notice in writing given to the applicant, ask the applicant to give to the Authority, in writing, any additional information that is specified in the notice, being information that is necessary for a proper consideration of the application by the Authority.

2. (2)

   If the applicant does not give any additional information requested by notice under subregulation (1) in relation to an application to the Authority within 60 days after the applicant receives the notice (or such longer period as the Authority, before the expiration of that period, allows), the application is taken to have lapsed.

32GGrant or refusal of relevant permission

1. (1)

   If a person has made an application for a relevant permission and has complied with any requirement or request made by the Authority in relation to the application, the Authority must:

   1. (a)

      grant the permission in writing; or

   2. (b)

      by notice in writing given to the person, refuse to grant the permission.

2. (2)

   A relevant permission may be granted subject to conditions (if any) that the Authority specifies in the permission, being:

   1. (a)

      conditions allowing the giving of authorities and specifying the maximum number of persons to whom authorities may be given; and

   2. (b)

      conditions requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s activities might incur; and

   3. (c)

      conditions appropriate to the attainment of the object of the Act (including a requirement that the person give the Authority a written undertaking in a form approved by the Authority).

3. (3)

   If a permission is granted subject to a condition, the Authority may vary the condition at any time:

   1. (a)

      in circumstances other than those to which subregulation 55 (1) or (2) or 56 (1) applies; and

   2. (b)

      if the permission holder consents in writing;

to ensure that the condition is a condition appropriate to the attainment of the object of the Act.

1. (4)

   A relevant permission remains in force for the period specified in the permission unless it is sooner surrendered or revoked.

32HProhibited activities in the Gumoo Woojabuddee Section

1. (1)

   For paragraph 5.4 (m) of the zoning plan, the following activities are prohibited in the Habitat Protection Zone:

   1. (a)

      fishing involving trawling;

   2. (b)

      the navigation of a ship except for the purpose of tourism or research.

2. (2)

   For paragraph 6.4 (k) of the zoning plan, the following activities are prohibited in the Conservation Park Zone:

   1. (a)

      fishing (except for the purpose of research) involving:

      1. (i)

         trolling (except trolling for pelagic species); or

      2. (ii)

         line fishing (except limited line fishing); or

      3. (iii)

         spearfishing; or

      4. (iv)

         commercial netting (except bait netting); or

      5. (v)

         fishing involving trawling; or

      6. (vi)

         collecting or limited collecting (except limited oyster-gathering or bait gathering); or

      7. (vii)

         crabbing (except limited crabbing);

   2. (b)

      mariculture;

   3. (c)

      the navigation of a ship except for the purpose of tourism or research.

3. (3)

   For paragraph 8.4 (m) of the zoning plan, the following activities are prohibited in the National Park Zone:

   1. (a)

      activities that involve the taking of plants, animals or marine products (except research, traditional fishing and collecting, and traditional hunting);

   2. (b)

      fishing (except traditional fishing or fishing for the purpose of research);

   3. (c)

      collecting (except traditional collecting or collecting for the purpose of research);

   4. (d)

      hunting (except traditional hunting);

   5. (e)

      mariculture;

   6. (f)

      the navigation of a ship except for the purpose of tourism or research.

Division 4A.2Designated areas

32IAuthority may designate areas

1. (1)

   Subject to regulations 32L and 32M, for clause 9.1 of the zoning plan, the Authority may designate a part or parts of a zone, or of more than 1 zone, as a Seasonal Closure Area.

2. (2)

   Subject to regulations 32L and 32M, for paragraph 10.1 (b) of the zoning plan, the Authority may designate a part or parts of a zone, or of more than 1 zone, as a Dugong Management Area.

Note Part 6 of Schedule 1 to the zoning plan describes other Dugong Management Areas.

1. (3)

   Subject to regulations 32L and 32M, for paragraph 11.1 (b) of the zoning plan, the Authority may designate a part or parts of a zone, or of more than 1 zone, as a Defence Area.

Note Part 7 of Schedule 1 to the zoning plan describes other Defence Areas.

1. (4)

   Subject to regulations 32L and 32M, for clause 12.1 of the zoning plan, the Authority may designate a part or parts of a zone, or of more than 1 zone, as a Shipping Area.

32JAuthority may declare that special management provisions apply

1. (1)

   Subject to regulations 32L and 32M, for clause 9.3 of the zoning plan, the Authority may declare that the special management provisions set out in clause 9.4 of the zoning plan apply to a Seasonal Closure Area for a stated period of up to 7 months in any 12 month period.

2. (2)

   Subject to regulations 32L and 32M, for clause 10.3 of the zoning plan, the Authority may declare that the special management provisions set out in regulation 32K apply to a Dugong Management Area.

3. (3)

   Subject to regulations 32L and 32M, for clause 12.3 of the zoning plan, the Authority may declare that the special management provisions set out in clause 12.4 of the zoning plan apply to a Shipping Area for a specified period.

32KSpecial management provisions for Dugong Management Areas

1. (1)

   For clause 10.4 of the zoning plan, the special management provisions for a Dugong Management Area are as follows:

   1. (a)

      a person must not take a dugong except in accordance with a relevant permission;

   2. (b)

      commercial netting, except:

      1. (i)

         netting using a mesh, ring or seine net that:

         1. (A)

            is not fixed; and

         2. (B)

            has a mesh size of at least 50 mm but not more than 115 mm; and

      2. (ii)

         netting of a kind mentioned in Part 1 of Schedule 15 to the Fisheries Regulation 1995 of Queensland;

   is prohibited.

2. (2)

   In subparagraph (1) (b) (i), fix, mesh net, mesh size, ring net and seine net have the meanings given by Schedule 17 to the Fisheries Regulation 1995 of Queensland.

32LProposed designation or declaration

1. (1)

   Before making a designation under regulation 32I, the Authority must, by written advertisement:

   1. (a)

      specify an area within which it proposes to create a designated area; and

   2. (b)

      specify the kind of designated area that the area is proposed to be designated as; and

   3. (c)

      invite interested persons to make representations in writing in relation to the designation of the area on or before a day that is:

      1. (i)

         not less than 30 days after the date of the notice; and

1. 1. 1. (ii)

         specified in the notice.

2. (2)

   Before making a declaration under regulation 32J, the Authority must, by written advertisement:

   1. (a)

      specify the area for which it proposes to declare Special Management Provisions; and

   2. (b)

      state the Special Management Provisions that it proposes to declare for the area; and

   3. (c)

      if the area is, or is proposed to be designated as, a Seasonal Closure Area or Shipping Area — state the period or periods for which it proposes that the Special Management Provisions will apply; and

   4. (d)

      invite interested persons to make representations in writing in relation to the declaration of the proposed Special Management Provisions on or before a day that is:

      1. (i)

         not less than 30 days after the date of the notice; and

      2. (ii)

         specified in the notice.

3. (3)

   A person may, not later than the date specified in the notice referred to in subregulation (1) or (2), make written representations to the Authority in relation to:

   1. (a)

      the designation of the area mentioned in the notice; or

   2. (b)

      the declaration of the proposed Special Management Provisions.

4. (4)

   In subregulations (1) and (2), a reference to a written advertisement is a reference to a notice published on 2 days, separated by at least 7 days and not more than 14 days:

   1. (a)

      in a newspaper that has circulation generally in Queensland; and

   2. (b)

      in any local newspaper that has circulation in an area of Queensland that is adjacent to a part of the Marine Park that is proposed to be designated, or in relation to which Special Management Provisions are proposed to be declared.

32MMaking a designation or declaration

1. (1)

   In making a designation under regulation 32I, or a declaration under regulation 32J, the Authority must have regard to any representations made in accordance with subregulation 32L (3).

2. (2)

   A designation under regulation 32I, or a declaration under regulation 32J, must be in accordance with the proposal specified under regulation 32L.

3. (3)

   A designation under regulation 32I, or a declaration under regulation 32J, must be published:

   1. (a)

      in a newspaper that has circulation generally in an area of Queensland adjacent to the area that is proposed to be designated, or in relation to which the Special Management Provisions are to apply; and

   2. (b)

      in the Gazette.

4. (4)

   A designation under regulation 32I, or a declaration under regulation 32J, takes effect from:

   1. (a)

      a date specified in the designation or declaration, being a date not earlier than the date of publication of the designation or declaration in the Gazette; or

   2. (b)

      if no date is specified in the designation or declaration for the purposes of paragraph (a), the date of publication in the Gazette.

32NExtension and revocation

1. (1)

   The Authority may at any time, by notice published in the Gazette, revoke a designation under regulation 32I or a declaration under regulation 32J.

2. (2)

   If the Authority makes a declaration under subregulation 32J (1), (2) or (3) that Special Management Provisions are to apply to an area for a specified period, the Authority may, before the end of that period, by notice published in the Gazette, extend the period for a further period mentioned in the notice.

3. (3)

   However, the Authority must not extend the period for which Special Management Provisions are to apply to a Seasonal Closure Area if the extended period would be greater than 7 months in any 12 month period.

[5]Subregulation 51 (1)

after

21 (2),

insert

32F (2),

[6]Subregulation 51 (3), definition of prescribed permission

after

22 (1),

insert

32G (1),

[7]After paragraph 52 (6) (b)

insert

1. (ba)

   subregulation 32G (1); or

[8]Subregulation 104 (2)

after

21 (2)

insert

, 32F (2)

[9]Schedule 1, heading

substitute

Schedule 1Declared animals, plants and marine products — collecting

(subregulations 9 (1) and (1A), 16 (1) and (2) and 32C (2) and (6))

[10]Schedule 3, heading

substitute

Schedule 3Declared limitations — limited collecting (protected organisms)

(paragraphs 9 (1A) (d), 16 (2) (d) and 32C (6) (d))

[11]Schedule 4, heading

substitute

Schedule 4Fish, molluscs and crustaceans that are not declared fish, molluscs or crustaceans

(subregulations 9 (2), 16 (3) and 32C (5))

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, 177, 209 (disallowed by the Senate on 23 October 2002) and 224.

2. Notified in the Commonwealth of Australia Gazette