Great Barrier Reef Marine Park Amendment Regulations 2004 (No. 1) (Cth)

Case
No judgment structure available for this case.

Great Barrier Reef Marine Park Amendment Regulations 2004 (No. 1)1

Statutory Rules 2004 No. 152

I, PHILIP MICHAEL JEFFERY, 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 February 2004

P. M. JEFFERY

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 2004 (No. 1).

2Commencement

These Regulations commence on the date of their notification in the Gazette.

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 52 (2) (a)

omit

Authority;

insert

Authority; and

[2]Paragraph 52 (2) (c)

omit

occur.

insert

occur; and

[3]After paragraph 52 (2) (c)

insert

  1. (d)

    accompanied by a fee in accordance with regulation 73A.

[4]Subregulation 52 (4)

omit

receiving an application,

insert

receiving an application or, if the application is not accompanied by a fee in accordance with regulation 73A, within 28 days after the fee is paid,

[5]Part 8, heading

substitute

Part 8 Fees

[6]Subregulation 67 (1)

omit

this Part and Schedule 7,

insert

this Part (other than regulation 73A) and Part 1 of Schedule 7,

[7]Regulation 69, heading

substitute

69Indexation of fee for assessment

[8]Subregulation 69 (1)

substitute

  1. (1)

    The fee in respect of an application for permission made in a year after 2004 is an amount calculated in accordance with the formula:

where:

F is the fee determined in accordance with regulation 68.

N is the All Groups Consumer Price Index number for Brisbane published by the Australian Statistician in respect of the financial year ending immediately before the calendar year in which the application is made.

[9]Regulation 70, heading

substitute

70Waiver of fee for assessment

[10]Regulation 71, heading

substitute

71Notice of fee for assessment

[11]Regulation 72, heading

substitute

72Lapsing of application for permission

[12]After regulation 73

insert in Part 8

73AFees for other applications and requests

  1. (1)

    Subject to subregulation (4), if an application or request described in column 2 of an item in Part 2 of Schedule 7 is made in respect of a permission to carry on an activity of a commercial nature in the Marine Park, there is payable to the Authority, with the application or request, the fee specified in column 3 of the item.

  2. (2)

    If an application or request made by a person is not accompanied by the fee specified, the Authority must, as soon as practicable after receiving the application or request, give the person a written notice that:

    1. (a)

      sets out the amount of the fee payable; and

    2. (b)

      sets out the date of the notice; and

    3. (c)

      states that the application or request will lapse if the fee is not paid to the Authority within 10 working days after the date of the notice.

  3. (3)

    An application or request to which this regulation applies lapses if the fee specified for the application or request is not paid within 10 working days after the date of the written notice.

  4. (4)

    The fee in respect of an application or request made in a year after 2004 is an amount calculated in accordance with the formula:

where:

F is the fee determined in accordance with subregulation (1).

N is the All Groups Consumer Price Index number for Brisbane published by the Australian Statistician in respect of the financial year ending immediately before the calendar year in which the application or request is made.

  1. (5)

    In calculating an amount in accordance with the formula, any part of the result that is less than $1 is to be ignored.

  2. (6)

    In this regulation:

working day means a day that is not a Saturday, Sunday or public holiday in Queensland.

[13]Schedule 7, heading

substitute

Schedule 7Fees

(regulations 67, 68, 69, 71 and 73A)

Part 1Fees for assessments in respect of applications for permission

[14]Schedule 7, after item 3

insert

Part 2Fees for other applications and requests

Item

Application or request

Fee

1

Application under regulation 52 for approval to transfer a chargeable permission

$430

2

Request to the Authority for a variation of a condition of a permission to which regulation 13, 22, 32G, 37, 37G or 45 applies

$295

3

Application to the Authority for a change to a vessel or aircraft listed on a Vessel Notification Approval issued by the Authority for a relevant permission

$40

4

Application to the Authority for the replacement of an identification number, or the document evidencing an identification number, issued for paragraph 66B (1) (d)

$40

5

Application to the Authority for the replacement of a document evidencing a permission granted by the Authority

$40

6

Request to the Authority for information about any of the following in respect of a permission granted by the Authority:

  1. (a)

    the conditions to which the permission is subject;

  2. (b)

    whether the permission is in force;

  3. (c)

    the activities for which the permission has been granted

$40

7

Request to the Authority to vary an application for a permission if, as a result of the variation:

  1. (a)

    the Authority must notify or renotify, under the Native Title Act 1993, a representative Aboriginal/Torres Strait Islander body, a registered native title body corporate or a registered native title claimant about the application; or

  2. (b)

    an assessment, or an additional assessment, must be made under regulation 61 in respect of the application

$40

8

Request to the Authority for a summary of documents, being a list of any or all of the following:

  1. (a)

    each permission granted by the Authority to the person making the request;

  2. (b)

    each application made by the person to the Authority

$40

Note The fee, mentioned in item 7, for a request to vary an application is additional to any fee payable under regulation 68 for an assessment in respect of the application.

[15]Further amendments

Provision

omit

insert

Subregulation 67 (2)

Schedule 7,

Part 1 of Schedule 7,

Subregulation 67 (3)

Schedule 7

Part 1 of Schedule 7

Subregulations 67 (4) and (5)

Schedule 7,

Part 1 of Schedule 7,

Subregulation 68 (1)

Schedule 7,

Part 1 of Schedule 7,

Paragraphs 68 (1) (a) and (b)

Schedule 7

Part 1 of Schedule 7

Subregulation 68 (2)

Schedule 7

Part 1 of Schedule 7

Subregulation 68 (2)

the Schedule,

Part 1 of Schedule 7,

Subparagraphs 71 (1) (c) (i) and (ii)

Schedule 7 —

Part 1 of Schedule 7 —

Paragraph 71 (3) (a)

Schedule 7; and

Part 1 of Schedule 7; and

Schedule 7, item 1, paragraph (a), columns 3 and 4

$350

$520

Schedule 7, item 1, paragraph (b), column 3

$500

$750

Schedule 7, item 1, paragraph (b), column 4

$400

$600

Schedule 7, item 1, paragraph (c), column 3

$900

$1 360

Schedule 7, item 1, paragraph (c), column 4

$550

$830

Schedule 7, item 1, paragraph (d), column 3

$1,500

$2 260

Schedule 7, item 1, paragraph (d), column 4

$800

$1 200

Schedule 7, item 1, paragraph (e), column 3

$2,500

$3 780

Schedule 7, item 1, paragraph (e), column 4

$1,000

$1 510

Schedule 7, item 2, paragraph (a), columns 3 and 4

$1,100

$1 660

Schedule 7, item 2, paragraph (b), column 3

$4,000

$6 040

Schedule 7, item 2, paragraph (b), column 4

$1,500

$2 260

Schedule 7, item 2, paragraph (c), columns 3 and 4

$20,000

$30 240

Schedule 7, item 2, paragraph (d), column 4

$2,500

$3 780

Schedule 7, item 2, paragraph (e), columns 3 and 4

$54,000

$81 670

Schedule 7, item 2, paragraph (f), column 4

$2,500

$3 780

Schedule 7, item 3, columns 3 and 4

$350

$520

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), 224 and 338; 2003 Nos. 20, 200 and 293.

2. Notified in the Commonwealth of Australia Gazette

Actions
Download as PDF Download as Word Document
Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0