Great Barrier Reef Marine Park Amendment Regulations 2004 (No. 2) (Cth)

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Great Barrier Reef Marine Park Amendment Regulations 2004 (No. 2)1

Statutory Rules 2004 No. 392

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 23 March 2004

P. M. JEFFERY

Governor-General

By His Excellency’s Command

DAVID KEMP

Minister for the Environment and Heritage

Contents

1Name of Regulations

These Regulations are the Great Barrier Reef Marine Park Amendment Regulations 2004 (No. 2).

2Commencement

These Regulations commence as follows:

  1. (a)

    on the day on which these Regulations are notified in the Gazette — regulations 1, 2 and 4 and Schedule 3;

  2. (b)

    on 1 July 2004 — regulation 3 and Schedules 1 and 2.

3Amendment of Great Barrier Reef Marine Park Regulations 1983
  1. (1)

    Schedule 1 amends the Great Barrier Reef Marine Park Regulations 1983.

  2. (2)

    Schedule 2 amends the Great Barrier Reef Marine Park Regulations 1983, as amended by Schedule 1.

Note Schedule 2 renumbers those Regulations as amended by Schedule 1. A reference in the Great Barrier Reef Marine Park Zoning Plan 2003 or a plan of management to a provision of the Regulations by number is taken, after the renumbering, to be a reference to the provision by its number as so renumbered.

4Amendment of Great Barrier Reef Marine Park (Aquaculture) Regulations 2000

Schedule 3 amends the Great Barrier Reef Marine Park (Aquaculture) Regulations 2000.

Schedule 1Amendments of Great Barrier Reef Marine Park Regulations 1983

(subregulation 3 (1))

[1]Regulation 3

omit

[2]Subregulation 4 (1)

substitute

  1. (1)

    In these Regulations:

Act means the Great Barrier Reef Marine Park Act 1975.

Amalgamated Great Barrier Reef Section means the area to which that name is assigned by the Great Barrier Reef (Declaration of Amalgamated Marine Park Area) Proclamation 2004.

authorisation means an authorisation referred to in the Cairns Area Plan of Management 1998, the Hinchinbrook Plan of Management 2004 or the Whitsundays Plan of Management 1998, and granted under regulation 28.

authority means an authority given under regulation 50.

bareboat operation means a commercial operation that involves the use of a bareboat.

Cairns Planning Area has the meaning given by the Cairns Area Plan of Management 1998.

Defence Force has the meaning given by section 30 of the Defence Act 1903.

dory means:

  1. (a)

    a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a Commonwealth, State or Territory law, permitting the vessel to be used in association with a primary commercial fishing vessel; or

  2. (b)

    a vessel that is used in association with a primary commercial fishing vessel.

Hinchinbrook Planning Area has the meaning given by the Hinchinbrook Plan of Management 2004.

holders, for an accredited TUMRA, means the members of the traditional owner group in whose names the TUMRA is made.

prescribed activity means an activity in the unzoned area that is an activity referred to in paragraph 38F (1) (a), (b), (c), (d), (e), (f), (g) or (h) of the Act.

primary commercial fishing vessel means:

  1. (a)

    a vessel in relation to which a licence or other permission (however described and whether or not in force) has been granted under a Commonwealth, State or Territory law, permitting the vessel to be used to take fish for commercial purposes; or

  2. (b)

    a vessel that is used to take fish for commercial purposes.

relevant permission means a permission required under a provision of the Zoning Plan with respect to the purposes for which a zone may be used or entered.

tender commercial fishing vessel has the same meaning as dory.

TUMRA is an acronym for traditional use of marine resources agreement.

Uniform Shipping Laws Code has the meaning given by section 427 of the Navigation Act 1912.

Whitsunday Planning Area has the meaning given by the Whitsundays Plan of Management 1998.

Zoning Plan means the Great Barrier Reef Marine Park Zoning Plan 2003.

[3]Subregulation 4 (2)

omit

at the commencement of this subregulation.

insert

on 7 June 2002.

[4]Subregulation 4 (3)

substitute

  1. (2B)

    A reference in these Regulations to a law of Queensland (including a Management Plan made under the Fisheries Act 1995 of Queensland) is a reference to that law as in force on 1 July 2004.

  2. (3)

    Unless the contrary intention appears, a word or expression that is used in both these Regulations and the Zoning Plan, and is defined in the Zoning Plan, has, in the application of these Regulations to and in relation to the Amalgamated Great Barrier Reef Section, the same meaning as it has in the Zoning Plan.

[5]After subregulation 4 (5), including the example

insert

  1. (6)

    Geographic coordinates in these Regulations are expressed in terms of the Geocentric Datum of Australia 1994.

Note The Geocentric Datum of Australia 1994 (also known as GDA94) was published in Gazette No. GN35 of 6 September 1995.

[6]Paragraph 5 (b)

substitute

  1. (b)

    the Transport Operations (Marine Safety) Act 1994 of Queensland.

[7]Regulation 5A

substitute

5APrescribed officers

For the definition of prescribed officer in subsection 38J (7) of the Act, each of the following persons is prescribed:

  1. (a)

    a member of the staff of the Authority who performs the duties of any of the following positions in the Authority:

    1. (i)

      the Executive Director whose responsibilities include shipping;

    2. (ii)

      Director, Day to Day Management Coordination Unit;

    3. (iii)

      Manager, Liaison (Northern);

    4. (iv)

      Manager, Liaison (Southern);

    5. (v)

      Project Manager, Shipping;

  2. (b)

    an officer (within the meaning of the Australian Maritime Safety Authority Act 1990) of the Australian Maritime Safety Authority who performs the duties of either of the following positions in that Authority:

    1. (i)

      General Manager, Emergency Response;

    2. (ii)

      Manager, Environment Protection Response;

  3. (c)

    an officer (within the meaning of the Public Service Act 1996 of Queensland) of the Department of Transport of Queensland who performs the duties of any of the following positions in that Department:

    1. (i)

      General Manager (Maritime Safety Queensland);

    2. (ii)

      Deputy General Manager (Maritime Safety Queensland);

    3. (iii)

      Assistant Director, Operational Services (Maritime Safety Queensland);

    4. (iv)

      Regional Harbour Master.

[8]Parts 2 and 3

substitute

Part 3Amalgamated Great Barrier Reef Section

Division 3.1Preliminary

6ADefinitions for Part

In this Part:

Fisheries Regulation means the Fisheries Regulation 1995 of Queensland, as in force on 1 July 2004.

representative Aboriginal/Torres Strait Islander body has the same meaning as in the Native Title Act 1993.

Spanner Crab Plan means the Fisheries (Spanner Crab) Management Plan 1999 of Queensland, as in force on 1 July 2004.

Note For coastal 500 metre line and similar expressions, see the Zoning Plan, subsections 1.6 (7) and (8).

Division 3.2Zoning Plan — definitions and related matters

6EAccreditation of educational or research institutions

  1. (1)

    The Authority may accredit an educational or research institution for the Zoning Plan by notice in the Gazette if it is satisfied that the institution:

    1. (a)

      has adopted appropriate environmental practices and standards (including instruction and training of personnel); and

    2. (b)

      has an ongoing commitment to improve those practices and standards;

relating to research being undertaken in the Marine Park by the institution or on its behalf.

  1. (2)

    The Authority may revoke an accreditation by notice in the Gazette if it is satisfied that the institution:

    1. (a)

      has ceased to hold the practices and standards mentioned in paragraph (1) (a); or

    2. (b)

      no longer has the commitment mentioned in paragraph (1) (b).

6IAccreditation of harvest fisheries

  1. (1)

    The Authority may accredit a harvest fishery for the Zoning Plan by notice in the Gazette if it is satisfied that the management arrangements for the fishery under the law of Queensland provide a sound basis for an ecologically sustainable harvest fishery in an area that is part of, or includes a part of, the Marine Park.

Note In the Zoning Plan, harvest fishery is defined in part as ‘… a fishery declared by the Regulations’. For the list of harvest fisheries, see regulation 7C.

  1. (2)

    The Authority may revoke an accreditation by notice in the Gazette if it is satisfied that:

    1. (a)

      the management arrangements are no longer a sound basis for an ecologically sustainable fishery in an area that is part of, or includes a part of, the Marine Park; or

    2. (b)

      the compliance arrangements for the fishery are not adequate, or are not being adequately enforced.

6JTraditional use of marine resources agreements —development

  1. (1)

    An application for accreditation of a TUMRA must be in writing, and must be accompanied by a copy of the TUMRA.

  2. (2)

    The application:

    1. (a)

      must set out the names of all of the members of the traditional owner group in whose name the application is made; and

    2. (b)

      must give the name and address of a person to whom correspondence may be sent on behalf of the traditional owner group; and

    3. (c)

      must include written confirmation, by a relevant representative Aboriginal/Torres Strait Islander body, that each member of the traditional owner group is a traditional owner in relation to the relevant part of the Marine Park.

  3. (3)

    A TUMRA must contain the following information:

    1. (a)

      the area of the Marine Park in respect of which the TUMRA is to operate;

    2. (b)

      the names, or other means of identifying, the persons who are covered by the TUMRA;

    3. (c)

      the name and address of a person to whom correspondence can be sent on behalf of the traditional owner group;

    4. (d)

      a detailed description of the area and traditional use of marine resources to be covered by the TUMRA, including a description of the activities (such as dugong hunting) proposed to be undertaken at specific locations;

    5. (e)

      what animal species are proposed to be harvested, and if those species include 1 or more protected species, how many specimens of each protected species is proposed to be harvested;

    6. (f)

      the management arrangements proposed by the traditional owner group for implementation of the TUMRA, including the proposed role of the traditional owner group in ensuring compliance with the provisions of the TUMRA;

    7. (g)

      the manner in which monitoring and reporting of the traditional use of marine resources is to be conducted under the TUMRA, including the recording and reporting of information about the take of protected species;

    8. (h)

      a statement about the process used to develop the TUMRA by the traditional owner group, including any consultation with government authorities and interested persons;

    9. (i)

      any other information that the Authority reasonably requires.

Note for paragraphs (3) (e) and (g) For what species are protected species, see regulation 8U.

  1. (4)

    However, a TUMRA is not ineligible for accreditation only because it does not contain all of the information required by subregulation (3).

  2. (5)

    If the Authority considers that further particulars or documents are necessary for a proper consideration of the application, the Authority may, by notice in writing (specifying the further particulars or documents) to the person referred to in paragraph (2) (b), ask the applicants to give to the Authority the further particulars (in writing) or documents.

  3. (6)

    If the Authority asks for further particulars or documents under subregulation (5), and the applicants do not give the particulars or documents to the Authority within 90 days after the day of receipt by the applicant of the notice (or within any longer period that the Authority, before the expiration of the period of 90 days, allows) the application is taken to have lapsed.

6MAccreditation of TUMRAs

  1. (1)

    The Authority must not consider an application for accreditation of a TUMRA unless a relevant representative Aboriginal/Torres Strait Islander body has confirmed in writing that each member of the traditional owner group in whose name the application is made is a traditional owner.

  2. (2)

    In considering an application for accreditation of a TUMRA, the Authority must have regard to the following:

    1. (a)

      the terms of the TUMRA;

    2. (b)

      the objectives of the zone or zones in which the proposed traditional use of marine resources is proposed to be undertaken;

    3. (c)

      the likely effect of accreditation of the TUMRA on future options for the Marine Park;

    4. (d)

      the nature and scale of the proposed traditional use of marine resources;

    5. (e)

      the conservation of the natural resources of the Marine Park, including the need for conservation of protected species and, in particular, the capability of the relevant population of such a species to sustain harvesting;

    6. (f)

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

    7. (g)

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

    8. (h)

      the possible effects of the proposed traditional use of marine resources on the environment and the adequacy of safeguards for the environment and the likely effects of that use on adjoining and adjacent areas;

    9. (i)

      any existing agreements or arrangements between the Authority and those traditional owners;

    10. (j)

      any legislation or government policy that applies to the proposed traditional use of marine resources;

    11. (k)

      any other relevant matters, including the provision of authorities under these Regulations and any action necessary to avoid, remedy or mitigate unacceptable environmental impact.

Note for paragraph (2) (e) For what species are protected species, see regulation 8U.

  1. (3)

    If an application for accreditation of a TUMRA has been made and the applicants have complied with any requirement or request made by the Authority in relation to the application, the Authority must grant, or refuse to grant, accreditation of the TUMRA.

  2. (4)

    If the Authority grants accreditation of the TUMRA, the Authority must also decide:

    1. (a)

      when the accredited TUMRA is to come into effect; and

    2. (b)

      when it is to cease to have effect.

  3. (5)

    If the Authority’s decision is to grant accreditation of a TUMRA, the Authority must give the holders:

    1. (a)

      a copy of the accredited TUMRA; and

    2. (b)

      a written statement of when the accredited TUMRA:

      1. (i)

        is to come into effect; and

      2. (ii)

        is to cease to have effect; and

    3. (c)

      a written statement of any conditions imposed under subregulation (6).

Note See Part 13 concerning reconsideration and review of decisions. The Authority must publish a notice of the grant of the accreditation in the Gazette.

  1. (6)

    The Authority may grant accreditation of a TUMRA subject to:

    1. (a)

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

    2. (b)

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

  2. (7)

    An accredited TUMRA:

    1. (a)

      has effect on the date referred to in paragraph (4) (a); and

    2. (b)

      unless it is sooner terminated, surrendered or revoked, ceases to be in force on the date referred to in paragraph (4) (b).

  3. (8)

    A TUMRA has no force or effect unless it is accredited by the Authority.

6OVariation of condition of accredited TUMRA by Authority

  1. (1)

    The Authority may at any time vary a condition of an accredited TUMRA, by written notice to the holders of the TUMRA, if the variation is appropriate to the attainment of the object of the Act.

  2. (2)

    For subregulation (1), service of the notice on the person whose name is specified in the TUMRA for the purposes of paragraph 6J (3) (c) is sufficient.

  3. (3)

    A variation under subregulation (1) comes into effect on the day specified in the notice (being a day at least 28 days after the giving of the notice).

  4. (4)

    The Authority may at any time vary a condition of an accredited TUMRA with the written consent of the holders.

  5. (5)

    A variation under subregulation (4) comes into effect on the day determined by the Authority and specified in writing to the holders (being a day not earlier than the date of the written notice).

  6. (6)

    Nothing in this regulation limits the Authority’s power to impose or vary a condition in the circumstances mentioned in subregulation 55 (1) or (2) or 56 (1).

6PTermination of accredited TUMRA by holders

  1. (1)

    The holders of an accredited TUMRA may terminate the TUMRA at any time by written notice to the Authority.

  2. (2)

    The TUMRA ceases to have effect on the date of the notice, or any later date (not being a date later than the date referred to in paragraph 6M (4) (b)) specified in the notice.

6RBait netting

For the definition of bait netting in the Zoning Plan:

  1. (a)

    the following nets are declared:

    1. (i)

      a cast, scoop or seine net that complies with the relevant subsection or subsections of section 12 of Schedule 8 to the Fisheries Regulation;

    2. (ii)

      a cast net that complies with section 6 of Schedule 13 to that Regulation;

    3. (iii)

      a mesh or seine net that complies with section 7 of Schedule 13 to that Regulation;

    4. (iv)

      a seine net that complies with subsection 25 (1) of Schedule 13 to that Regulation; and

  2. (b)

    the limitations on their use are follows:

    1. (i)

      in the case of a net referred to in subparagraph (a) (i) — that the net is used in accordance with section 13 of Schedule 8 to the Fisheries Regulation;

    2. (ii)

      in the case of a net referred to in subparagraph (a) (ii) or (iii) — that the net is used in accordance with sections 4, 6 and 7 of Schedule 13 to that Regulation;

    3. (iii)

      in the case of a net referred to in subparagraph (a) (iv) — that the net is used in accordance with subsections 22 (4) and 25 (2) of Schedule 13 to that Regulation.

6UDefence activities — definition for Zoning Plan

In the Zoning Plan:

defence activities means activities for defence purposes:

  1. (a)

    conducted by the Defence Force; or

  2. (b)

    conducted by an arm of the defence forces of another country that is in Australia with the approval of the Government of Australia; or

  3. (c)

    conducted or authorised by the Department of Defence.

6XFishing or collecting

  1. (1)

    In this regulation:

possess something means:

  1. (a)

    to have custody or control of it; or

  2. (b)

    to have an ability or right to obtain custody or control of it.

  1. (2)

    For the definition of fishing or collecting in the Zoning Plan:

    1. (a)

      the following limitations are prescribed:

      1. (i)

        an animal or plant of a protected species is not to be taken or possessed;

      2. (ii)

        a specimen of an animal of a species referred to in Part 1 of Table 6X is not to be taken or possessed;

      3. (iii)

        not more than 5 specimens of an animal of a species referred to in Part 2 of that table are to be taken or possessed;

      4. (iv)

        if an animal or plant of a species authorised to be taken under Queensland fisheries legislation is taken:

        1. (A)

          no more than the number of specimens authorised by that legislation to be taken or possessed are to be taken or possessed; and

        2. (B)

          the taking or possession is to be in accordance with that legislation; and

    2. (b)

      the following additional limitations are prescribed:

      1. (i)

        no more than 1 dory is to be detached from its primary commercial fishing vessel in the Conservation Park Zone or the Buffer Zone;

      2. (ii)

        subject to the exceptions in subregulation (3), a dory is not to be detached from its primary commercial fishing vessel in the Marine National Park Zone.

Note for subparagraph (2) (a) (i) For what species are protected species, see regulation 8U.

  1. (3)

    For paragraph (2) (b) (ii), the exceptions are the following:

    1. (a)

      that the relevant dory was engaged in the rescue or attempted rescue of an endangered person;

    2. (b)

      that the relevant dory was providing assistance to an endangered aircraft, vessel or structure to prevent or mitigate damage to the environment or to the aircraft, vessel or structure;

    3. (c)

      that the relevant dory was conveying a person on a direct journey from land to its primary commercial fishing vessel (the primary vessel), or from the primary vessel to land, and throughout the journey the primary vessel remained within 1 nautical mile of both the dory and the land (not including any coral reefs);

    4. (d)

      that at the relevant time the relevant dory was in the area described in Part 6 of Schedule 1 to the Zoning Plan as MNP-13-1015 (Night Island), and stayed within 500 metres of a fishing industry service vessel for which a relevant permission is in force.

  1. (4)

    For a prosecution under the Act, each circumstance set out in subregulation (3) is to be a defence.

Table 6XRestricted species for fishing or collecting

Item

Species

Common names

Part 1 — No specimens to be taken or possessed at any time

1

Class Anthozoa (all species)

Corals (hard, soft and black), anemones, zooanthids, seafans, corallimorpharians

Part 2 — No more than 5 specimens to be taken or possessed at a time

2

Phylum Porifera (all species)

Sponges

3

Class Ascidiacea (all species)

Sea squirts

4

Class Hydrozoa (all species)

Hydroids and fire corals

5

Phylum Echinodermata (all species except those of the order Holothuroidea)

Sea stars, crinoids, brittle stars, sea urchins, but not sea cucumbers

6

Genus Nautilus (all species)

Nautilus

7

Class Gastropoda (all species except Cassis cornuta and Charonia tritonis)

Snails, whelks, slugs, limpets, cowries including trochus, bailer shell, volutes, murex shells, nudibranchs (except helmet shell and triton shell)

8

Genus Pinctada (all species)

Pearl oysters

9

Family Anomalopidae (all species)

Flashlightfishes

10

Family Antennariidae (all species)

Anglerfishes and frogfishes

11

Family Aploactinidae (all species)

Velvetfishes

12

Family Apogonidae (all species)

Cardinalfishes and siphonfishes

13

Family Aulostomidae (all species)

Trumpetfishes

14

Family Balistidae (all species)

Triggerfishes

15

Family Batrachoididae (all species)

Toadfishes

16

Family Blenniidae (all species)

Blennies

17

Family Callionymidae (all species)

Dragonets

18

Family Caracanthidae (all species)

Crouchers and orbicular velvetfishes

19

Family Centriscidae (all species)

Razorfishes and shrimpfishes

20

Family Chaetodontidae (all species)

Butterflyfishes

21

Family Cirrhitidae (all species)

Hawkfishes

22

Family Clinidae (all species)

Scaled blennies, armoured blennies and weedfishes

23

Family Diodontidae (all species)

Porcupinefishes

24

Family Ephippidae (all species)

Batfishes

25

Family Fistulariidae (all species)

Flutemouths

26

Family Gobiidae (all species)

Gobies

27

Family Holocentridae (all species)

Squirrelfishes and soldierfishes

28

Family Labridae (all species except Choerodon anchorago, C. hoenleini, C. anodus, C. phalotes, C. nustus, Bodianus spp., Cheilinus undulatus, Ch. fasciatus and Ch. lobatus)

Wrasses and tuskfishes (except anchor tuskfish, blackspot tuskfish, blue tuskfish, grass tuskfish (purple tuskfish), hogfish, humphead Maori wrasse, redbreasted Maori wrasse, tripletail Maori wrasse and Venus tuskfish)

29

Family Malacanthidae (all species)

Sand tilefishes

30

Family Microdesmidae (all species)

Wormfishes and dartfishes

31

Family Monacanthidae (all species)

Leatherjackets

32

Family Monocentridae (all species)

Pineapplefishes

33

Family Muraenidae (all species)

Moray eels

34

Family Ophichthidae (all species)

Snake eels

35

Family Congridae (all species)

Conger eels

36

Family Ostraciidae (all species)

Boxfishes

37

Family Pegasidae (all species)

Seamoths

38

Family Plesiopidae (all species)

Longfins

39

Family Pomacanthidae (all species)

Angelfishes

40

Family Pomacentridae (all species)

Damselfishes

41

Family Priacanthidae (all species)

Bigeyes

42

Family Pseudochromidae (all species)

Dottybacks and eel blennies

43

Chlorurus microrhinos

Steephead parrotfish

44

Family Scorpaenidae (all species)

Firefishes, scorpionfishes, lionfishes

45

Sub-families Anthiinae and Grammistinae (all species)

Anthias and soapfishes

46

Family Siganidae (all species)

Rabbitfish

47

Family Tetraodontidae (all species)

Pufferfishes

48

Family Tripterygiidae (all species)

Triplefins

49

Family Zanclidae (all species)

Moorish idol

7CHarvest fisheries

For the definition of harvest fishery in the Zoning Plan, the following fisheries (being fisheries described in Schedule 15 to the Fisheries Regulation) are declared:

  1. (a)

    the Aquarium Fish Fishery;

  2. (b)

    the Bêche-de-Mer Fishery (East Coast);

  3. (c)

    the Coral Fishery;

  4. (d)

    the Crayfish and Rock Lobster Fishery;

  5. (e)

    the Pearl Fishery;

  6. (f)

    the Shell Fishery;

  7. (g)

    the Trochus Fishery (East Coast);

  8. (h)

    the Worm Fishery (Beachworm);

(i) the Worm Fishery (Bloodworm);

  1. (j)

    the Yabby Fishery.

7GHook — definition for Zoning Plan

  1. (1)

    In the Zoning Plan:

hook means, in addition to its ordinary meaning, any of the things mentioned in subregulation (2).

  1. (2)

    Those things are the following:

    1. (a)

      a single-shanked double or treble hook;

    2. (b)

      a lure (that is, an artificial bait with no more than 3 hooks attached to it);

    3. (c)

      an artificial fly;

    4. (d)

      a jig for taking squid;

    5. (e)

      a ganged hook set, consisting of no more than 6 hooks, each of which is in contact with at least 1 of the other hooks in the set;

    6. (f)

      a bait jig (that is, a hook or a group of hooks consisting of no more than 6 hooks, each hook being of a size between number 1 and number 12 (both inclusive) or their equivalents).

7KLimited collecting

In the Zoning Plan, limited collecting means the collecting of an animal or plant of a species mentioned or referred to in Part 1 or 2 of Table 6X, subject to the condition or limitation that the collecting is done by hand, or with a hand-held implement that is not motorised nor pneumatically nor hydraulically operated.

7OLimited impact research (extractive) — definition for Zoning Plan

  1. (1)

    In this regulation:

location means a discrete, identified reef, or a continuous non‑reef area of up to 10 square kilometres.

research project means a diligent and systematic inquiry or investigation into a subject, in order to discover facts or principles, that has its own objectives, sampling design and outcomes.

site means an area of 3 000 square metres within a location.

  1. (2)

    In the zoning plan, limited impact research (extractive) means:

    1. (a)

      research that involves:

      1. (i)

        the taking of an animal, plant or marine product by limited research sampling; or

      2. (ii)

        the installation and operation of minor research aids:

        1. (A)

          that do not pose a threat to safety or navigation; and

        2. (B)

          that are installed and used in accordance with the limitations set out in subregulation (5); and

    2. (b)

      research that is a component of:

      1. (i)

        an educational program; or

      2. (ii)

        a research project;

    conducted by an accredited educational or research institution; and

    1. (c)

      if the research is conducted in the Scientific Research Zone, and the Authority has approved an environmental management plan in writing for the research station adjacent to the area — research that is conducted in accordance with that plan.

Note Limited research sampling is defined in subregulation (3); minor research aids is defined in subregulation (4). For accredited educational or research institution, see the Zoning Plan and regulation 6E.

  1. (3)

    In subregulation (2):

limited research sampling means sampling in accordance with the following limitations or conditions:

  1. (a)

    taking is done:

    1. (i)

      by hand; or

    2. (ii)

      by the use of a hand-held implement that is not motorised nor pneumatically nor hydraulically operated; or

    3. (iii)

      by the use of a minor research aid;

  2. (b)

    explosives or chemicals are not used;

  3. (c)

    in the case of an animal species mentioned or referred to in Part 1 of Table 7O-1, no specimens are taken or collected;

  4. (d)

    in the case of an animal species mentioned or referred to in Part 2 of that table:

    1. (i)

      no more than 20 specimens in total; and

    2. (ii)

      no more than 5 specimens per location;

are taken or collected per research project per calendar year;

  1. (e)

    in the case of an animal species mentioned or referred to in Part 3 of that table:

    1. (i)

      no more than 50 specimens in total, and no more than 10 specimens per site, are taken or collected per research project per calendar year; and

    2. (ii)

      no specimen longer than 1 000 millimetres is taken;

  2. (f)

    in the case of an animal species mentioned or referred to in Part 4 of that table:

    1. (i)

      no more than 50 specimens in total; and

    2. (ii)

      no more than 10 specimens per site;

are taken or collected per research project per calendar year;

  1. (g)

    in the case of an animal species referred to in Part 5 of that table:

    1. (i)

      no more than 500 specimens in total; and

    2. (ii)

      no more than 100 specimens per location;

are taken or collected per research project per calendar year;

  1. (h)

    in the case of an animal species other than a species mentioned or referred to in that table:

    1. (i)

      no more than 200 specimens in total; and

    2. (ii)

      no more than 50 specimens per location;

are taken or collected per research project per calendar year;

  1. (i)

    in the case of a plant species referred to in Table 7O-2, no more than the number of specimens permitted by Queensland fisheries legislation to be taken are taken or collected;

  2. (j)

    no more than 20 litres of wet sediment is taken or collected per research project per calendar year;

  3. (k)

    no more than 100 litres of seawater is taken or collected per research project per calendar year;

  4. (l)

    the relevant laws of the Commonwealth and Queensland are complied with.

Note Tables 7O-1 and 7O-2 are at the end of this regulation.

  1. (4)

    In subregulation (2):

minor research aids means the following:

  1. (a)

    apparatus and equipment authorised under Queensland fisheries legislation for recreational use;

  2. (b)

    fish tags;

  3. (c)

    stakes less than 12 mm in diameter;

  4. (d)

    data loggers for attachment to marker buoys, bolts or dive weights;

  5. (e)

    non-fixed plankton nets;

  6. (f)

    water sampling devices that are not motorised nor pneumatically nor hydraulically operated;

  7. (g)

    sediment sampling devices that are not motorised nor pneumatically nor hydraulically operated;

  8. (h)

    sub-surface marker buoys less than 100 mm in diameter;

  9. (i)

    surface marker buoys less than 200 mm in diameter;

  10. (j)

    bolts or dive weights for attachment to data loggers.

  1. (5)

    For sub-subparagraph (2) (a) (ii) (B), the following are the limitations on the installation and use of minor research aids:

    1. (a)

      no more than 10 stakes may be used per research project;

    2. (b)

      a stake must protrude less than 300 mm from the substrate;

    3. (c)

      no more than 20 sub-surface marker buoys may be used per research project per location;

    4. (d)

      sub-surface marker buoys must be attached by lines to either:

      1. (i)

        concrete nails driven into dead coral substrate; or

      2. (ii)

        inverted-U-shaped metal rods less than 6 mm in diameter driven into sand;

    5. (e)

      no more than 10 surface marker buoys may be used per research project per location;

    6. (f)

      if surface marker buoys are used, a researcher associated with the research project must be present at all relevant times at the location;

    7. (g)

      a surface marker buoy must be attached by lines to either:

      1. (i)

        concrete nails driven into dead coral substrate; or

      2. (ii)

        inverted-U-shaped metal rods less than 6 mm in diameter driven into sand.

Table 7O-1Animal species limited by number for limited research sampling

Item

Species

Common name

Part 1 — No specimens to be taken

1

Class Mammalia (all species)

Mammals

2

Class Aves (all species)

Birds

3

Class Reptilia (all species)

Reptiles

4

Class Amphibia (all species)

Amphibians

5

Family Syngnathidae (all species)

Seahorses, seadragons, pipefish

6

Family Solenostomidae (all species)

Ghost pipefish

7

Cheilinus undulatus

Humphead Maori wrasse

8

Coris aygula

Clown coris

9

Bolbometopon muricatum

Humphead parrotfish

10

Chlorurus microrhinos

Steephead parrotfish

11

Cetoscarus bicolor

Bicolour parrotfish

12

Scarus rubroviolaceus

Ember parrotfish

13

Family Pristidae (all species)

Sawfish

14

Cromileptes altivelis

Barramundi cod

15

Epinephelus lanceolatus

Queensland grouper

16

Epinephelus tukula

Potato cod

17

Halophryne queenslandiae

Sculptured frogfish

18

Ogilbyina novaehollandiae

Multicolour dottyback

19

Family Istiophoridae (all species)

Marlin

20

Xiphias gladius

Swordfish

21

Carcharias taurus

Grey nurse shark

22

Rhincodon typus

Whale shark

23

Carcharias carcharias

Great white shark

24

Family Palinuridae (all species)

Rock lobster

25

Holothuria nobilis

Black teatfish

26

Holothuria fuscogilva

White teatfish

27

Family Tridacnidae (all species)

Giant clams

28

Melo amphora

Baler shell

29

Charonia tritonis

Triton

30

Cassis cornuta

Helmet shell

31

Pinctada maxima, P. margaritifera

Pearl oyster

32

Family Muricidae (all species)

Muricids

33

Class Anthozoa (all species)

All corals (hard, soft and black), anemones, zooanthids, seafans, corallimorpharians

Part 2 — 20 specimens of each species in total and no more than 5 of each species per location

34

Order Octopoda (all species)

Octopus

35

Brachaelurus colcloughi

Colclough’s shark

36

Pseudocarcharias kamoharai

Crocodile shark

37

Isurus oxyrinchus

Shortfin mako

38

Hypogaleus hyagaensis

Blacktip topeshark

39

Carcharhinus amblyrhynchos

Grey reef shark

40

Carcharias brevipinna

Spinner shark

41

Carcharias falciformis

Silky shark

42

Carcharias leucas

Bull shark

43

Galeocerdo cuvier

Tiger shark

44

Triaenodon obesus

Whitetip reef shark

45

Sphyrna lewini

Scalloped hammerhead

46

Sphyrna mokarran

Great hammerhead

47

Rhynchobatus djiddensis

Whitespot giant guitarfish

48

Taeniura lymna

Bluespotted ribbontail ray

49

Aetobatus narinari

Spotted eagle ray

50

Manta birostris

Manta ray

51

Dasyatis fluviorum

Estuary stingray

52

Urogymnus asperrimus

Porcupine ray

53

Carcharhinus plumbeus

Sandbar shark

54

Carcharhinus obscurus

Black whaler

55

Orectolobus ornatus

Banded wobbegong

56

Carcharhinus limbatus

Blacktip shark

57

Centrophorus granulosus

Gulper shark

58

Dalatias licha

Black shark

Part 3 — 50 specimens of each species in total and no more than 10 of each species per site, none longer than 1 000 mm

59

Genus Epinephelus (all species except E. lanceolatus and E. tukula)

Cods and groupers, except Queensland grouper and potato cod

Part 4 — 50 specimens of each species in total and no more than 10 of each species per site

60

Genus Bodianus (all species)

Hogfish

61

Cheilinus fasciatus

Redbreasted Maori wrasse

62

Cheilinus trilobatus

Tripletail Maori wrasse

63

Choerodon anchorago

Anchor tuskfish

64

Choerodon cephalotes

Purple tuskfish

65

Choerodon cyanodus

Blue tuskfish

66

Choerodon schoenleinii

Blackspot tuskfish

67

Choerodon venustus

Venus tuskfish

68

Family Scaridae (all species except Bolbometopon muricatum, Chlorurus microrhinos, Cetoscarus bicolor and Scarus rubroviolaceus)

Parrotfish, all species except humphead parrotfish, steephead parrotfish, bicolour parrotfish and ember parrotfish

69

Family Serranidae (all species except Cromileptes altivelis and all those of the genus Epinephelus)

(Exceptions: Barramundi cod and groupers)

70

Gnathodentex aureolineatus

Gold-lined sea bream

71

Genus Gymnocranius (all species)

Sea bream

72

Lethrinus atkinsoni

Yellow-tailed emperor

73

Lethrinus erythracanthus

Yellow-spotted emperor

74

Lethrinus genivittatus

Lancer

75

Lethrinus harak

Thumbprint emperor

76

Lethrinus lentjan

Pink-eared emperor

77

Lethrinus miniatus

Sweetlip emperor (Red‑throat emperor)

78

Lethrinus nebulosus

Spangled emperor

79

Lethrinus obsoletus

Orange-striped emperor

80

Lethrinus olivaceus

Long-nose emperor

81

Lethrinus ornatus

Yellow-striped emperor

82

Lethrinus rubrioperculatus

Red-eared emperor

83

Lethrinus xanthochilus

Yellowlip emperor

84

Lethrinus variegates

Variegated emperor

85

Monotaxis grandoculis

Bigeye bream

86

Aphareus furca

Small-toothed jobfish

87

Etelis carbunculus

Ruby snapper

88

Etelis coruscans

Flame snapper

89

Lutjanus adetii

Hussar (Pink hussar)

90

Lutjanus bitueniatus

Indonesian snapper

91

Lutjanus bohar

Red bass

92

Lutjanus boutton

Paleface snapper

93

Lutjanus carponotatus

Spanish flag (Stripey)

94

Lutjanus erythropterus

Crimson seaperch (Small-mouth nannygai)

95

Lutjanus malabaricus

Saddletail seaperch (Large-mouth nannygai)

96

Lutjanus fulviflamma

Black-spot snapper

97

Lutjanus fulvus

Yellow-margined seaperch

98

Lutjanus gibbus

Paddletail

99

Lutjanus kasmira

Bluestripe seaperch

100

Lutjanus lemniscatus

Dark-tailed seaperch

101

Lutjanus lutjanus

Bigeye seaperch

102

Lutjanus monostigma

Onespot seaperch

103

Lutjanus quinquelineatus

Five-lined seaperch

104

Lutjanus rivulatus

Maori seaperch

105

Lutjanus russelli

Moses perch

106

Lutjanus sebae

Red emperor

107

Lutjanus vitta

Brownstripe seaperch (Brown hussar)

108

Macolor macularis

Midnight seaperch

109

Macolor niger

Black and white seaperch

110

Symphorus nematophorus

Chinamanfish

111

Symphorichthys spilurus

Sailfin snapper

112

Lutjanus johnii

Fingermark

113

Pristipomoides filamentosus, P. sieboldi

Rosy jobfish

114

Pristipomoides multidens, P. typus

Gold band snapper

115

Aprion virescens

Green jobfish

116

Glaucosoma scaplare

Pearl perch

117

Atractoscion aequidens

Teraglin jew

118

Protonibea diacanthus

Black jewfish

119

Agrioposphyraena barracuda

Barracuda

120

Scomberomorus munroi

Spotted mackerel

121

Platycephalus fuscus

Dusky (mud) flathead

122

Family Antenariidae (all species except Halophryne queenslandiae)

Anglerfishes and frogfishes, except sculptured frogfish

123

Family Aulostomidae (all species)

Trumpetfish

124

Family Balistidae (all species)

Triggerfish

125

Family Muraenidae (all species)

Moray eels

126

Family Ophichthidae (all species)

Snake eels

127

Family Congridae (all species)

Conger eels

128

Family Fistulariidae (all species)

Flutemouths

129

Family Ostraciidae (all species)

Boxfish

130

Phylum Echinodermata (all species except Holothuria nobilis and H. fuscogilva)

Echinoderms, all species except black teatfish and white teatfish

131

Ranina ranina

Spanner crab

132

Phylum Mollusca (all species except: all those of the order Octopoda and the family Tridacnidae; Melo amphora, Charonia tritonis, Cassis cornuta, Pinctada maxima and P. margaritifera; and all those of the family Muricidae)

All species of molluscs except octopus, giant clams, baler shell, triton, helmet shell, pearl oysters and muricids

Part 5 — 500 specimens of each species in total and no more than 100 of each species per location

133

Family Atherinidae (all species)

Hardyheads

134

Family Blenniidae (all species)

Blennies

135

Family Clupeidae (all species)

Herring

136

Family Engraulidae (all species)

Anchovies

137

Family Gobiidae (all species)

Gobies

138

Family Pomacentridae (all species)

Damselfish

139

Family Siganidae (all species)

Rabbitfish

140

Family Synodontidae (all species)

Lizardfish

141

Family Tripterygiidae (all species)

Triplefins

Table 7O-2Plant species limited by number for limited research sampling

Item

Species

Common Name

1

Family Rhizophoraceae (all species)

Mangroves

2

Division Magnoliophyta (all species)

Seagrass

3

Kingdom Protista (all species)

Algae

7PLimited impact research (non-extractive) — definition for Zoning Plan

  1. (1)

    In this regulation:

research project means a diligent and systematic inquiry or investigation into a subject, in order to discover facts or principles, that has its own objectives, sampling design and outcomes.

  1. (2)

    In the Zoning Plan, limited impact research (non-extractive) means:

    1. (a)

      research that does not involve the taking of animals, plants or marine products, but includes:

      1. (i)

        visual surveys, other than of cetaceans; or

      2. (ii)

        research that does not involve an activity that would, if it were not part of a research activity, require permission; and

      3. (iii)

        social research that does not involve the conduct of archaeological excavations; and

    2. (b)

      research that is a component of:

      1. (i)

        an educational program; or

      2. (ii)

        a research project;

    conducted by an accredited educational or research institution; and

    1. (c)

      if the research is conducted in an area in the Scientific Research Zone, and the Authority has approved an environmental management plan in writing for the research station adjacent to the area — research that is conducted in accordance with that plan.

Note For accredited educational or research institution, see the Zoning Plan and regulation 6E.

7RLimited spearfishing

For the purposes of the definition of limited spearfishing in the Zoning Plan, the following limitations are prescribed:

  1. (a)

    a person must not have a loaded speargun in his or her possession out of the water;

  2. (b)

    a person must not engage in spearfishing in any part of the Marine Park to which Part 5 of Schedule 3 to the Fisheries Regulation applies.

7SLimited trapping

  1. (1)

    For the purposes of the definition of limited trapping in the Zoning Plan, the following conditions or limitations are prescribed:

    1. (a)

      that:

      1. (i)

        Part 1 of Schedule 8, or Schedule 11, to the Fisheries Regulation, or

      2. (ii)

        Part 5 or 6 of the Spanner Crab Plan;

    is complied with, but that no more than 4 crab pots, dillies or inverted dillies (alone or in combination) are used;

    1. (b)

      that crabbing is the only kind of trapping permitted.

  2. (2)

    In paragraph (1) (a):

crab pots, dillies and inverted dillies have the same respective meanings as in the Fisheries Regulation.

7WManaged vessel or aircraft

For the definition of managed vessel or aircraft in the Zoning Plan, vessels of the following kinds are declared:

  1. (a)

    hovercraft;

  2. (b)

    wing-in-ground-effect craft;

  3. (c)

    hydrofoils.

8AMission Beach Leader Prawn Broodstock Capture Area

For the definition of Mission Beach Leader Prawn Broodstock Capture Area in the Zoning Plan, the following area is declared, that is, the area of the Marine Park bounded by a notional line beginning at the intersection of the coastline of the mainland at low water with the parallel 17° 39.1′ S near Double Point and running progressively:

  1. (a)

    east along the parallel to 17° 39.1′ S, 146° 11.8′ E;

  2. (b)

    southerly along the geodesic to 17° 52.81′ S, 146° 9.62′ E;

  3. (c)

    south-easterly along the geodesic to 18° 3.92′ S, 146° 13.39′ E;

  4. (d)

    north-westerly along the geodesic to the easternmost intersection of the coastline of the mainland at low water with the parallel 18° 1.97′ S near the southern bank of the mouth of the Tully River;

  5. (e)

    generally northerly along the coastline at low water to the point of commencement.

8EMotorised watersports — definition for Zoning Plan

In the Zoning Plan:

motorised watersports means any of the following:

  1. (a)

    irregular driving of a motorised vessel — that is, driving such a vessel otherwise than in a straight line, including:

    1. (i)

      driving in a circular pattern; or

    2. (ii)

      weaving or diverting; or

    3. (iii)

      surfing down, or jumping over or across, any wave, swell or wash;

except for any necessary turn or diversion;

  1. (b)

    any activity in which a motorised vessel tows a person on top of the water or in the air, for example, waterskiing or parasailing;

  2. (c)

    any activity in which:

    1. (i)

      a vessel is operated at a speed greater than 35 knots; or

    2. (ii)

      a personal watercraft (within the meaning given by the Transport Operations (Marine Safety) Regulation 1995 of Queensland) is used;

except transport by the most direct reasonable route (not including irregular driving) between 2 places.

8INetting

For the purposes of the definition of netting in the Zoning Plan, in relation to netting (other than bait netting) the condition or limitation prescribed is that Schedule 13 (except Part 1, subsection 22 (4) and section 25) to the Fisheries Regulation is complied with.

8MPelagic species

For the definition of pelagic species in the Zoning Plan:

  1. (a)

    all species in each of the following families are declared:

    1. (i)

      Carangidae;

    2. (ii)

      Coryphaenidae;

    3. (iii)

      Sphyraenidae;

    4. (iv)

      Istiophoridae;

    5. (v)

      Scombridae; and

  2. (b)

    all species in each of the following genera are declared:

    1. (i)

      Aphareus;

    2. (ii)

      Aprion; and

  3. (c)

    the following species are declared:

    1. (i)

      Rachycentron canadum;

    2. (ii)

      Xiphias gladius.

8QPhotography, filming or sound recording — definition for Zoning Plan

In the Zoning Plan:

photography, filming or sound recording means the recording of images or sounds in a way that has or is likely to have negligible impact on the Marine Park and does not involve any of the following:

  1. (a)

    the use of a facility within 100 metres of a whale or within 50 metres of a dolphin;

  2. (b)

    a person being in the water within 30 metres of a whale or dolphin;

  3. (c)

    the use of an aircraft (other than a helicopter) at a height lower than 1 000 feet within a horizontal radius of 300 metres of a whale or dolphin;

  4. (d)

    the use of a helicopter within 1 000 metres of a whale or a dolphin.

8UProtected species

  1. (1)

    For the definition of protected species in the Zoning Plan, the following species are declared:

    1. (a)

      each species that is a listed threatened species, a listed migratory species or a listed marine species (in each case within the meaning given by the Environment Protection and Biodiversity Conservation Act 1999);

    2. (b)

      each species of marine mammal, bird or reptile that is prescribed as ‘endangered wildlife’, ‘vulnerable wildlife’ or ‘rare wildlife’ under the Nature Conservation Act 1992 of Queensland;

    3. (c)

      each species mentioned or referred to in Table 8U.

  2. (2)

    An individual of a species of the genus Epinephelus (other than E. tukula or E. lanceolatus) is taken to be of a protected species if the individual is more than 1 000 millimetres long.

Table 8UProtected species

Item

Species

Common name

Invertebrates

1

Family Tridacnidae (all species)

Giant clams

2

Cassis cornuta

Helmet shell

3

Charonia tritonis

Giant triton shell

Fish

4

Families Syngnathidae and Solenostomidae (all species)

Seahorses, pipefish, seadragons

5

Epinephelus tukula

Potato cod

6

Epinephelus lanceolatus

Queensland grouper

7

Cheilinus undulatus

Maori wrasse

8

Cromileptes altivelis

Barramundi cod

9

Rhincodon typus

Whale shark

10

Carcharias taurus

Grey nurse shark

11

Carcharias carcharias

Great white shark

Marine reptiles

12

Genus Crocodylus (all species)

Crocodiles

13

Families Hydrophiidae and Laticaudidae (all species)

Sea snakes

14

Family Cheloniidae (all species)

Green turtle, loggerhead, turtle, olive ridley turtle, hawksbill turtle, flatback turtle

15

Family Dermochelydae (all species)

Leatherback turtle

Birds

16

Class Aves (all species)

Birds

Marine mammals

17

Families Otariidae and Phocidae (all species)

Seals

18

Dugong dugon

Dugong

19

Order Cetacea (all species)

Whales and dolphins

9CQueensland fisheries legislation

For the definition of Queensland fisheries legislation in the Zoning Plan, the following laws of Queensland are prescribed:

  1. (a)

    the Fisheries Act 1994;

  2. (b)

    the Fisheries Regulation;

  3. (c)

    the Fisheries (Coral Reef Fin Fish) Management Plan 2003;

  4. (d)

    the Fisheries (East Coast Trawl) Management Plan 1999;

  5. (e)

    the Spanner Crab Plan.

9GShip — definition for Zoning Plan

In the Zoning Plan:

ship means a vessel that is:

  1. (a)

    50 metres or more in overall length; or

  2. (b)

    an oil tanker (within the meaning given by the Protocol of 1978 relating to the International Convention for the Prevention of Pollution from Ships, 1973), regardless of its length; or

  3. (c)

    a chemical carrier or liquefied gas carrier, regardless of its length; or

  4. (d)

    a ship to which the INF Code applies, regardless of its length; or

  5. (e)

    a vessel that is adapted to carry oil or chemicals in bulk in cargo spaces; or

  6. (f)

    a vessel engaged in towing or pushing another vessel or vessels if any of paragraphs (a) to (e) applies to the towed or pushed vessel, or the total length of the tow, from the stern of the towing vessel to the after end of the tow, is greater than 150 metres;

but does not include:

  1. (g)

    a vessel of the Defence Force; or

  2. (h)

    a vessel of the armed service of another country, if the vessel is in Australian waters with the consent of Australia; or

  3. (i)

    a super-yacht (that is, a vessel more than 50 metres in overall length used for private recreational activities).

Note for paragraph (d) of the definition of ship The INF Code is the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High-level Radioactive Wastes on Board Ships. The Code has effect under Chapter VII of the International Convention for the Safety of Life at Sea, 1974. (See Department of Foreign Affairs and Trade, Select Documents on International Affairs, No. 47 (1999)).

9KStowed or secured

For the definition of stowed or secured in the Zoning Plan, the following requirements are prescribed for trawl fishing apparatus:

  1. (a)

    all nets are out of the water or the fore ends of the nets are drawn up to the booms;

  2. (b)

    all otter boards are drawn up to the trawl blocks on the booms or are inboard the vessel;

  3. (c)

    all lazy lines are through the blocks;

  4. (d)

    the cod ends are open.

9OTraditional owner and traditional owner group — definitions for Zoning Plan

In the Zoning Plan:

traditional owner means a person of Aboriginal or Torres Strait Islander descent who:

  1. (a)

    is recognised in the indigenous community or by a relevant representative Aboriginal/Torres Strait Islander body:

    1. (i)

      as having spiritual or cultural affiliations with a site or area in the Marine Park; or

    2. (ii)

      as holding native title in relation to that site or area; and

  2. (b)

    is entitled to undertake activities under Aboriginal or Torres Strait Islander custom or tradition in that site or area.

traditional owner group, in relation to a site or area of the Marine Park, means the group of traditional owners who, in accordance with Aboriginal or Torres Strait Islander custom, speak for the site or area.

9WTrapping

  1. (1)

    For the purposes of the definition of trapping in the Zoning Plan, the conditions or limitations prescribed are the following:

    1. (a)

      that the only kind of trapping permitted is crabbing;

    2. (b)

      that only crab pots, collapsible traps, dillies or inverted dillies may be used;

    3. (c)

      that apparatus must be used in accordance with the relevant provision of Queensland fisheries legislation, as follows:

      1. (i)

        in relation to recreational fishing (other than for spanner crabs) — Part 1 of Schedule 8 to the Fisheries Regulation;

      2. (ii)

        in relation to commercial crab fishing (other than for spanner crabs) in the area mentioned in section 2 of Schedule 11 to the Fisheries Regulation — that Schedule;

      3. (iii)

        in relation to commercial fishing for spanner crabs in managed areas A and B (within the meaning of the Spanner Crab Plan) — Parts 4 and 5, respectively, of that Plan;

      4. (iv)

        in relation to recreational fishing for spanner crabs — Part 6 of that Plan.

  2. (2)

    In paragraph (1) (b):

crab pots, collapsible traps, dillies and inverted dillies have the same respective meanings as in the Fisheries Regulation.

10ATrawling

For the purposes of the definition of trawling in the Zoning Plan, the limitation prescribed is that the Fisheries (East Coast Trawl) Management Plan 1999 of Queensland is complied with.

10CVessel or aircraft charter operation — definition for Zoning Plan

In the Zoning Plan:

vessel or aircraft charter operation means an activity (whether consisting of a single act or a series of acts) that involves a vessel or aircraft:

  1. (a)

    that is available for charter or hire; and

  2. (b)

    that is used in the course of carrying on a business that is, or includes, the provision of accommodation, transport, or services for a purpose other than a tourist program or an educational program; and

  3. (c)

    that travels in or into the Marine Park; and

  4. (d)

    that is not merely transiting through the Marine Park by the most direct and reasonable route to a place outside the Marine Park.

10EGeneral Use Zone — activities

For paragraph 2.2.4 (o) of the Zoning Plan, fishing or collecting (other than for the purposes of research or management of the Marine Park) involving line fishing using more than 6 hooks per line is declared.

10MHabitat Protection Zone — activities

For paragraph 2.3.4 (o) of the Zoning Plan, the following purposes are declared:

  1. (a)

    fishing or collecting (other than for the purposes of research or management of the Marine Park) involving line fishing using more than 6 hooks per line;

  2. (b)

    aquaculture operations that involve the addition of feed.

10QConservation Park Zone — activities

For paragraph 2.4.4 (n) of the Zoning Plan, the following activities are declared:

  1. (a)

    fishing or collecting (other than for the purposes of research or management of the Marine Park) involving line fishing using more than 6 hooks per line;

  2. (b)

    aquaculture operations that involve the addition of feed.

10UBuffer Zone — activities

For paragraph 2.5.4 (k) of the Zoning Plan, the following activities are declared:

  1. (a)

    fishing or collecting (other than for the purposes of research or management of the Marine Park) involving line fishing using more than 6 hooks per line;

  2. (b)

    aquaculture operations that involve the addition of feed.

10YScientific Research Zone — activities

For paragraph 2.6.4 (l) of the Zoning Plan, the following activities are declared:

  1. (a)

    fishing or collecting (other than for the purposes of research or management of the Marine Park) involving line fishing using more than 6 hooks per line;

  2. (b)

    aquaculture operations that involve the addition of feed.

11CMarine National Park Zone — activities

For paragraph 2.7.4 (l) of the Zoning Plan, the following activities are declared:

  1. (a)

    fishing or collecting (other than for the purposes of research or management of the Marine Park) involving line fishing using more than 6 hooks per line;

  2. (b)

    aquaculture operations that involve the addition of feed.

11GPreservation Zone — activities

For paragraph 2.8.4 (b) of the Zoning Plan, the following activities are declared:

  1. (a)

    fishing or collecting (other than for the purposes of research or management of the Marine Park) involving line fishing using more than 6 hooks per line;

  2. (b)

    aquaculture operations that involve the addition of feed.

11HRemote Natural Area — purposes for which the area may not be used or entered

For paragraph 3.3 (b) of the Zoning Plan, the following purposes are declared:

  1. (a)

    carrying out works (other than works relating to navigational aids) involving:

    1. (i)

      dumping spoil; or

    2. (ii)

      reclamation; or

    3. (iii)

      beach protection works; or

    4. (iv)

      harbour works;

  2. (b)

    constructing or operating a structure other than a vessel mooring or a navigational aid.

11JSpecial Management Areas — types

For section 4.2.1 of the Zoning Plan, there are the following additional types of Special Management Area:

  1. (a)

    Species Conservation (Dugong Protection) SMA;

  2. (b)

    Seasonal Closure (Offshore Ribbon Reefs) SMA;

  3. (c)

    No Dories Detached (Offshore Ribbon Reefs) SMA;

  4. (d)

    Restricted Access SMA;

  5. (e)

    Public Appreciation SMA;

  6. (f)

    No Dories Detached (Marine National Park Zone) SMA;

  7. (g)

    One Dory Detached (Conservation Park Zone) SMA;

  8. (h)

    One Dory Detached (Buffer Zone) SMA.

11KSpecies Conservation (Dugong Protection) SMAs — declaration

  1. (1)

    The areas described in Parts 1 and 2 of Table 11K are declared to be the Hinchinbrook Island Area Species Conservation (Dugong Protection) SMA.

  2. (2)

    The areas described in Parts 3 and 4 of that table are declared to be the Lucinda to Allingham — Halifax Bay Species Conservation (Dugong Protection) SMA.

  3. (3)

    The areas described in Parts 5 and 6 of that table are declared to be the Cleveland Bay — Magnetic Island Species Conservation (Dugong Protection) SMA.

  4. (4)

    The areas described in Parts 18, 19 and 20 of that table are declared to be the Port of Gladstone — Rodds Bay Species Conservation (Dugong Protection) SMA.

  5. (5)

    The area described in each other Part of that table is declared to be a Species Conservation (Dugong Protection) SMA having the name set out in the Part heading.

Table 11KSpecies Conservation (Dugong Protection) SMAs

Table 11K Part 1 Hinchinbrook Island Area Species Conservation (Dugong Protection) SMA — Part 1

The area bounded by a notional line commencing at the intersection of the mainland coastline at mean low water and the parallel 18º 12.809′ S (at or about 18°12.809′ S, 146° 00.778′ E) then running progressively:

1

north-easterly along the geodesic to 18° 08.493′ S, 146° 09.898′ E;

2

easterly along the geodesic to the intersection of the coastal 500 metre line around the Brook Islands and the parallel 18° 08.426′ S;

3

along the coastal 500 metre line around the Brook Islands to its intersection with the meridian 146º 18.298′ E (at or about 18° 09.813′ S, 146° 18.298′ E);

4

southerly along the geodesic to the intersection of the coastal 500 metre line around Eva Island and the meridian 146° 19.148′ E (at or about 18° 13.651′ S, 146° 19.148′ E);

5

along that coastal 500 metre line around Eva Island to its intersection with the meridian 146° 19.681′ E (at or about 18° 14.622′ S, 146° 19.681′ E);

6

southerly along the geodesic to the intersection of the eastern tip of Hillock Point, Hinchinbrook Island at mean low water and the parallel 18° 25.173′ S (at or about 18° 25.173′ S, 146° 21.460′ E);

7

generally northerly and westerly along the island coastline at mean low water to its intersection with the Marine Park boundary (at or about 18° 14.816′ S, 146° 04.238′ E);

8

west along the Marine Park boundary to its intersection with the mainland coastline at mean low water (at or about 18° 14.816′ S, 146° 00.983′ E);

9

along the mainland coastline at mean low water to the point of commencement

Table 11K Part 2 Hinchinbrook Island Area Species Conservation (Dugong Protection) SMA — Part 2

The area bounded by a notional line commencing at the intersection of the eastern tip of Hillock Point, Hinchinbrook Island at mean low water and the parallel 18° 25.176′ S (at or about 18° 25.176′ S, 146° 21.460′ E) then running progressively:

1

southerly along the geodesic to 18° 31.216′ S, 146° 23.189′ E;

2

westerly along the geodesic to the intersection of the Marine Park boundary and the parallel 18° 31.221′ S (at or about 18° 31.221′ S, 146° 23.116′ E);

3

generally northerly along the Marine Park boundary to its intersection with the island coastline at mean low water (at or about 18° 29.220′ S, 146° 19.055′ E);

4

along the island coastline at mean low water to the point of commencement

Table 11K Part 3 Lucinda to Allingham — Halifax Bay Species Conservation (Dugong Protection) SMA — Part 1

The area bounded by a notional line commencing at the point 18° 31.216′ S, 146° 23.189′ E then running progressively:

1

southerly along the geodesic to the intersection of the Marine Park boundary and the parallel 18° 32.731′ S (at or about 18° 32.731′ S, 146° 23.422′ E);

2

northerly along the Marine Park boundary to its intersection with the parallel 18° 31.221′ S (at or about 18° 31.221′ S, 146° 23.116′ E);

3

easterly along the geodesic to the point of commencement

Table 11K Part 4 Lucinda to Allingham — Halifax Bay Species Conservation (Dugong Protection) SMA — Part 2

The area bounded by a notional line commencing at the intersection of the Marine Park boundary and the parallel 18° 33.999′ S (at or about 18° 33.999′ S, 146° 23.473′ E), then running progressively:

1

southerly along the geodesic to 18° 37.593′ S, 146° 23.098′ E;

2

southerly along the geodesic to 18° 42.393′ S, 146° 21.131′ E;

3

west along the parallel to its intersection with the mainland coastline at mean low water (at or about 18° 42.393′ S, 146° 18.046′ E);

4

along the mainland coastline at mean low water to its intersection with the Marine Park boundary (at or about 18° 34.709′ S, 146° 20.449′ E);

5

along the Marine Park boundary to the point of commencement

Table 11K Part 5 Cleveland Bay — Magnetic Island Species Conservation (Dugong Protection) SMA — Part 1

The area bounded by a notional line commencing at the intersection of the mainland coastline at mean low water and the parallel 19° 10.708′ S (at or about 19° 10.708′ S, 146° 39.060′ E) then running progressively:

1

easterly along the geodesic to the intersection of the coastal 500 metre line around Magnetic Island and the parallel 19° 07.779′ S (at or about 19° 07.779′ S, 146° 46.469′ E);

2

along the coastal 500 metre line around the northern side of Magnetic Island to its intersection with the meridian 146° 50.045′ E (at or about 19° 06.028′ S, 146° 50.045′ E);

3

easterly along the geodesic to the intersection of the coastal 500 metre line around Magnetic Island with the meridian 146° 51.765′ E (at or about 19° 05.859′ S, 146° 51.765′ E);

4

along the coastal 500 metre line around Magnetic Island in a south-easterly direction to its intersection with the parallel 19° 06.879′ S (at or about 19° 06.879′ S, 146° 53.357′ E);

5

south-easterly along the geodesic to the intersection of the Marine Park boundary and the meridian 146° 54.690′ E (at or about 19° 07.599′ S, 146° 54.690′ E);

6

generally south-westerly along the Marine Park boundary to the intersection of the mainland coastline at mean low water and the meridian 146° 47.465′ E (at or about 19° 14.435′ S, 146° 47.465′ E);

7

along the mainland coastline at mean low water to the point of commencement

Table 11K Part 6 Cleveland Bay — Magnetic Island Species Conservation (Dugong Protection) SMA — Part 2

The area bounded by a notional line commencing at the intersection of the Marine Park boundary and the meridian 146° 58.286′ E (at or about 19° 09.539′ S, 146° 58.286′ E) then running progressively:

1

south-easterly along the geodesic to the intersection of the northern tip of Cape Cleveland at mean low water and the meridian 147° 00.828′ E (at or about 19° 10.910′ S, 147° 00.828′ E);

2

generally south-westerly along the mainland coastline at mean low water to its intersection with the meridian 146° 51.465′ E (at or about 19° 16.975′ S, 146° 51.465′ E);

3

north-easterly along the Marine Park boundary to the point of commencement

Table 11K Part 7 Bowling Green Bay Species Conservation (Dugong Protection) SMA

The area bounded by a notional line commencing at the intersection of the northern tip of Cape Cleveland at mean low water and the meridian 147° 00.891′ E (at or about 19° 10.920′ S, 147° 00.891′ E) then running progressively:

1

easterly along the geodesic to the intersection of the northern tip of Cape Bowling Green and the meridian 147° 23.495′ E (at or about 19° 18.137′ S, 147° 23.495′ E);

2

along the mainland coastline at mean low water to the point of commencement

Table 11K Part 8 Upstart Bay Species Conservation (Dugong Protection) SMA

The area bounded by a notional line commencing at the intersection of the mainland coastline at mean low water near Beach Hill and the parallel 19° 43.525′ S (at or about 19° 43.525′ S, 147° 35.273′ E) then running progressively:

1

easterly along the geodesic to the intersection of the western tip of Cape Upstart at mean low water and the parallel 19° 42.403′ S (at or about 19° 42.403′ S, 147° 45.156′ E);

2

along the mainland coastline at mean low water to the point of commencement

Table 11K Part 9 Edgecumbe Bay — Bowen Species Conservation (Dugong Protection) SMA

The area bounded by a notional line commencing at the intersection of the mainland coastline at mean low water and the meridian 148° 11.230′ E (at or about 19° 56.648′ S, 148° 11.230′ E) then running progressively:

1

easterly along the geodesic to the intersection of the northern tip of Gloucester Head, Gloucester Island at mean low water and the meridian 148° 27.061′ E (at or about 19° 58.300′ S, 148° 27.061′ E);

2

along the western shore of Gloucester Island at mean low water to its intersection with the meridian 148° 27.430′ E (at or about 20° 03.136′ S, 148° 27.430′ E);

3

south-westerly along the geodesic to the intersection of the northern tip of Cape Gloucester and the meridian 148° 27.188′ E (at or about 20° 03.624′ S, 148° 27.188′ E);

4

along the mainland coastline at mean low water to its intersection with the Marine Park boundary (at or about 20° 04.408′ S, 148° 16.622′ E);

5

along the Marine Park boundary to the intersection of the mainland coastline at mean low water and the parallel 20° 00.708′ S (at or about 20° 00.708′ S, 148° 16.102′ E);

6

along the mainland coastline at mean low water to the point of commencement

Table 11K Part 10 Repulse Bay Species Conservation (Dugong Protection) SMA

The area bounded by a notional line commencing at the intersection of the southern tip of Rocky Point at mean low water and the meridian 148° 45.825′ E (at or about 20° 28.740′ S, 148° 45.825′ E) then running progressively:

1

along the mainland coastline at mean low water to its intersection with the meridian 148° 49.796′ E (at or about 20° 30.131′ S, 148° 49.796′ E);

2

south along the meridian to its intersection with latitude 20° 30.141′ S;

3

west along the parallel to its intersection with longitude 148° 45.847′ E;

4

northerly along the geodesic to the point of commencement

Table 11K Part 11 Stewart Peninsula — Newry Islands — Ball Bay Species Conservation (Dugong Protection) SMA

The area bounded by a notional line commencing at the intersection of the mainland coastline at mean low water and the parallel 20° 44.908′ S (at or about 20° 44.908′ S, 148° 46.663′ E) then running progressively:

1

east along the parallel to its intersection with longitude 148° 50.763′ E;

2

south-easterly along the geodesic to 20° 51.924′ S, 148° 59.813′ E;

3

south along the meridian to the intersection of the mainland coastline at mean low water and the parallel 20° 53.625′ S (at or about 20° 53.625′ S, 148° 59.813′ E);

4

along the mainland coastline at mean low water to the point of commencement

Table 11K Part 12 Ball Bay — Sand Bay Species Conservation (Dugong Protection) SMA

The area bounded by a notional line commencing at the intersection of the mainland coastline at mean low water at Ball Bay and the meridian 148° 59.813′ E (at or about 20° 53.625′ S, 148° 59.813′ E) then running progressively:

1

north along the meridian to 20° 51.924′ S, 148° 59.813′ E;

2

south-easterly along the geodesic to 20° 56.724′ S, 149° 06.846′ E;

3

south-westerly along the geodesic to the intersection of the mainland coastline at mean low water at Sand Bay and the meridian 149° 05.763′ E (at or about 20° 58.774′ S, 149° 05.763′ E);

4

along the mainland coastline at mean low water to the point of commencement

Table 11K Part 13 Llewellyn Bay Species Conservation (Dugong Protection) SMA

The area bounded by a notional line commencing at the intersection of the mainland coastline at mean low water at Freshwater Point and the meridian 149° 19.840′ E (at or about 21° 24.643′ S, 149° 19.840′ E) then running progressively:

1

easterly along the geodesic to 21° 27.024′ S, 149° 27.763′ E;

2

southerly along the geodesic to 21° 30.574′ S, 149° 28.979′ E;

3

westerly along the geodesic to 21° 29.124′ S, 149° 24.413′ E;

4

westerly along the geodesic to the intersection of the north-eastern tip of Allom Point at mean low water and the meridian 149° 20.630′ E (at or about 21° 28.565′ S, 149° 20.630′ E);

5

along the mainland coastline at mean low water to the point of commencement

Table 11K Part 14 Ince Bay (Cape Palmerston — Allom Point) Species Conservation (Dugong Protection) SMA

The area bounded by a notional line commencing at the intersection of the north-eastern tip of Allom Point at mean low water and the meridian 149° 20.630′ E (at or about 21° 28.565′ S, 149° 20.630′ E) then running progressively:

1

easterly along the geodesic to 21° 29.124′ S, 149° 24.413′ E;

2

easterly along the geodesic to 21° 30.574′ S, 149° 28.979′ E;

3

southerly along the geodesic to the intersection of the northern tip of Cape Palmerston at mean low water and the meridian 149° 28.968′ E (at or about 21° 31.935′ S, 149° 28.968′ E);

4

along the mainland coastline at mean low water to the point of commencement

Table 11K Part 15 Clairview Bluff — Carmilla Creek Species Conservation (Dugong Protection) SMA

The area bounded by a notional line commencing at the intersection of the mainland coastline at mean low water near Carmilla Creek and the parallel 21° 54.324′ S (at or about 21° 54.324′ S, 149° 27.864′ E) then running progressively:

1

east along the parallel to its intersection with longitude 149° 33.063′ E;

2

south-easterly along the geodesic to 21° 57.807′ S, 149° 35.813′ E;

3

south along the meridian to its intersection with latitude 22° 01.657′ S;

4

southerly along the geodesic to 22° 10.474′ S, 149° 36.779′ E;

5

westerly along the geodesic to the intersection of the eastern tip of Clairview Bluff at mean low water and the parallel 22° 10.450′ S (at or about 22° 10.450′ S, 149° 34.022′ E);

6

along the mainland coastline at mean low water to the point of commencement

Table 11K Part 16 Shoalwater Bay Species Conservation (Dugong Protection) SMA

The area bounded by a notional line commencing at the intersection of MacDonald Point at mean low water and the parallel 22° 19.550′ S (at or about 22° 19.550′ S, 150° 11.575′ E) then running progressively:

1

north-easterly along the geodesic to the intersection of the Swan Island coastline at mean low water and the parallel 22° 19.308′ S (at or about 22° 19.308′ S, 150° 12.145′ E);

2

along the southern island coastline at mean low water to its intersection with the parallel 22° 19.168′ S (at or about 22° 19.168′ S, 150° 12.477′ E);

3

north-easterly along the geodesic to the intersection of the island coastline at Cape Townshend, Townshend Island and the meridian 150° 28.724′ E (at or about 22° 12.283′ S, 150° 28.724′ E);

4

along the western and southern shores of the Townshend Island coastline at mean low water to its intersection with the parallel 22° 17.753′ S (at or about 22° 17.753′ S, 150° 33.680′ E);

5

southerly along the geodesic to the intersection of Reef Point at mean low water and the meridian 150° 33.980′ E (at or about 22° 18.950′ S, 150° 33.980′ E);

6

along the mainland coastline at mean low water to the point of commencement

Table 11K Part 17 Port Clinton (Reef Point — Cape Clinton) Species Conservation (Dugong Protection) SMA

The area bounded by a notional line commencing at the intersection of Reef Point at mean low water and the meridian 150° 33.980′ E (at or about 22° 18.950′ S, 150° 33.980′ E) then running progressively:

1

northerly along the geodesic to the intersection of the eastern tip of Townshend Island at mean low water and the parallel 22° 17.753′ S (at or about 22° 17.753′ S, 150° 33.680′ E);

2

easterly along the geodesic to 22° 19.590′ S, 150° 39.596′ E;

3

south-easterly along the geodesic to 22° 21.507′ S, 150° 41.229′ E;

4

southerly along the geodesic to 22° 22.340′ S, 150° 41.529′ E;

5

south-easterly along the geodesic to 22° 24.873′ S, 150° 43.262′ E;

6

south-easterly along the geodesic to 22° 26.907′ S, 150° 45.428′ E;

7

southerly along the geodesic to 22° 31.890′ S, 150° 47.346′ E;

8

southerly along the geodesic to the intersection of the eastern tip of Cape Clinton at mean low water and the parallel 22° 32.231′ S (at or about 22° 32.231′ S, 150° 47.326′ E);

9

along the mainland coastline at mean low water to the point of commencement

Table 11K Part 18 Port of Gladstone — Rodds Bay Species Conservation (Dugong Protection) SMA — Part 1

The area bounded by a notional line commencing at the intersection of the northern tip of North Point on Facing Island at mean low water and the meridian 151° 19.953′ E (at or about 23° 45.219′ S, 151° 19.953′ E) then running progressively:

1

generally south-easterly along the island coastline at mean low water to its intersection with the Marine Park boundary (at or about 23° 45.346′ S, 151° 19.813′ E);

2

westerly along the Marine Park boundary to its intersection with the meridian 151° 19.567′ E (at or about 23° 45.340′ S, 151° 19.567′ E);

3

easterly along the geodesic to the point of commencement

Table 11K Part 19 Port of Gladstone — Rodds Bay Species Conservation (Dugong Protection) SMA — Part 2

The area bounded by a notional line commencing at the intersection of the eastern tip of East Point on Facing Island at mean low water and the parallel 23° 51.875′ S (at or about 23° 51.875′ S, 151° 23.667′ E) then running progressively:

1

south-easterly along the geodesic to its intersection with the Marine Park boundary (at or about 23° 52.173′ S, 151° 24.241′ E);

2

south-westerly along the Marine Park boundary to the intersection of Facing Island at mean low water and the parallel 23° 52.526′ S (at or about 23° 52.526′ S, 151° 23.317′ E);

3

northerly along the island coastline at mean low water to the point of commencement

Table 11K Part 20 Port of Gladstone — Rodds Bay Species Conservation (Dugong Protection) SMA — Part 3

The area bounded by a notional line commencing at the intersection of the Marine Park boundary and longitude 151° 30.695′ E (at or about 23° 55.522′ S, 151° 30.695′ E) then running progressively:

1

south-easterly along the geodesic to the intersection of the northern tip of Flora Point, Rodds Peninsula at mean low water and the meridian 151° 36.814′ E (at or about 23° 58.697′ S, 151° 36.814′ E);

2

southerly along the mainland coastline at mean low water to its intersection with the Marine Park boundary (at or about 24° 00.515′ S, 151° 36.203′ E);

3

south-westerly along the Marine Park boundary to the intersection of the eastern tip of Hummock Hill Island at mean low water, in the vicinity of Norton Point, and the parallel 24° 02.036′ S (at or about 24° 02.036′ S, 151° 32.748′ E);

4

along the northern coastline of Hummock Hill Island at mean low water to its intersection with the Marine Park boundary in the vicinity of Tiber Point (at or about 23° 59.499′ S, 151° 26.535′ E);

5

north-easterly along the Marine Park boundary to the point of commencement

11KASpecies Conservation (Dugong Protection) SMAs — special management provisions

The special management provision that applies to a Species Conservation (Dugong Protection) SMA is that netting (other than bait netting) in the area must be carried on in accordance with the provisions of Schedule 2 to the Fisheries Regulation mentioned for the area in the following table:

Item

Species Conservation

(Dugong Protection) SMA

Applicable provisions

1

Hinchinbrook Island Area

section 264

2

Lucinda to Allingham — Halifax Bay

Subdivision 2 of Division 2 of Part 5

3

Cleveland Bay — Magnetic Island

section 263

4

Bowling Green Bay

Subdivision 2 of Division 2 of Part 5

5

Upstart Bay

section 262

6

Edgecumbe Bay — Bowen

Subdivision 2 of Division 2 of Part 5

7

Repulse Bay

Subdivision 2 of Division 2 of Part 5

8

Stewart Peninsula — Newry Islands — Ball Bay

section 261

9

Ball Bay — Sand Bay

Subdivision 2 of Division 2 of Part 5

10

Llewellyn Bay

Subdivision 2 of Division 2 of Part 5

11

Ince Bay (Cape Palmerston — Allom Point)

section 260

12

Clairview Bluff — Carmilla Creek

Subdivision 2 of Division 2 of Part 5

13

Shoalwater Bay

section 259

14

Port Clinton (Reef Point — Cape Clinton)

section 258

15

Port of Gladstone — Rodds Bay

Subdivision 2 of Division 2 of Part 5

Note Under the Zoning Plan, only the General Use Zone and the Habitat Protection Zone may be used or entered without permission for the purpose of netting (other than bait netting).

11LSeasonal Closure (Offshore Ribbon Reefs) SMAs — declaration

  1. (1)

    The area described in each of Parts 1 to 3 of Table 11L is declared to be a Seasonal Closure (Offshore Ribbon Reefs) SMA having the name set out in the Part heading.

  2. (2)

    Each location mentioned in Part 4 of Table 11L is declared to be a Seasonal Closure (Offshore Ribbon Reefs) SMA having as its name the name of the Location followed by the words ‘Seasonal Closure (Offshore Ribbon Reefs) SMA’.

Table 11LSeasonal Closure (Offshore Ribbon Reefs) SMAs

Table 11L Part 1 Day Reef (14-089) Seasonal Closure (Offshore Ribbon Reefs) SMA

The area bounded by a notional line commencing at 14° 26.393′ S, 145° 32.329′ E then running progressively:

1

south-easterly along the geodesic to 14° 29.879′ S, 145° 35.407′ E;

2

south-westerly along the geodesic to 14° 31.641′ S, 145° 33.543′ E;

3

westerly along the geodesic to 14° 31.458′ S, 145° 32.208′ E;

4

north-westerly along the geodesic to 14° 31.379′ S, 145° 32.060′ E;

5

easterly along the geodesic to 14° 31.297′ S, 145° 33.491′ E;

6

north-easterly along the geodesic to 14° 30.952′ S, 145° 33.960′ E;

7

northerly along the geodesic to 14° 30.363′ S, 145° 33.897′ E;

8

north-westerly along the geodesic to 14° 28.210′ S, 145° 32.101′ E;

9

westerly along the geodesic to 14° 28.173′ S, 145° 31.252′ E;

10

south-westerly along the geodesic to 14° 28.386′ S, 145° 30.877′ E;

11

northerly along the geodesic to 14° 27.761′ S, 145° 31.128′ E;

12

north-easterly along the geodesic to the point of commencement

Table 11L Part 2 Ribbon No. 10 Reef (14-146) Seasonal Closure (Offshore Ribbon Reefs) SMA

The area bounded by a notional line commencing at 14° 39.402′ S, 145° 39.529′ E then running progressively:

1

easterly along the geodesic to 14° 39.405′ S, 145° 41.808′ E;

2

south-easterly along the geodesic to 14° 41.983′ S, 145° 43.512′ E;

3

southerly along the geodesic to 14° 44.737′ S, 145° 44.329′ E;

4

southerly along the geodesic to 14° 51.997′ S, 145° 45.742′ E;

5

southerly along the geodesic to 14° 55.703′ S, 145° 44.649′ E;

6

west along the parallel to its intersection with longitude 145° 42.438′ E;

7

easterly along the geodesic to 14° 55.549′ S, 145° 42.861′ E;

8

north-easterly along the geodesic to 14° 55.224′ S, 145° 43.256′ E;

9

north-easterly along the geodesic to 14° 54.309′ S, 145° 43.677′ E;

10

northerly along the geodesic to 14° 53.183′ S, 145° 44.030′ E;

11

northerly along the geodesic to 14° 52.154′ S, 145° 44.157′ E;

12

northerly along the geodesic to 14° 50.703′ S, 145° 44.058′ E;

13

northerly along the geodesic to 14° 49.184′ S, 145° 43.692′ E;

14

northerly along the geodesic to 14° 46.774′ S, 145° 43.284′ E;

15

northerly along the geodesic to 14° 45.888′ S, 145° 43.044′ E;

16

northerly along the geodesic to 14° 44.983′ S, 145° 42.903′ E;

17

north-westerly along the geodesic to 14° 44.518′ S, 145° 42.558′ E;

18

northerly along the geodesic to 14° 44.211′ S, 145° 42.453′ E;

19

northerly along the geodesic to 14° 42.576′ S, 145° 42.216′ E;

20

north-westerly along the geodesic to 14° 42.156′ S, 145° 41.946′ E;

21

north-westerly along the geodesic to 14° 42.000′ S, 145° 41.635′ E;

22

north-westerly along the geodesic to 14° 41.556′ S, 145° 41.124′ E;

23

northerly along the geodesic to 14° 40.843′ S, 145° 40.909′ E;

24

westerly along the geodesic to 14° 40.719′ S, 145° 40.566′ E;

25

north-westerly along the geodesic to 14° 40.422′ S, 145° 40.355′ E;

26

northerly along the geodesic to 14° 39.806′ S, 145° 40.156′ E;

27

north-westerly along the geodesic to 14° 39.601′ S, 145° 39.978′ E;

28

north-westerly along the geodesic to the point of commencement

Table 11L Part 3 Ribbon No. 7 Reef (15-026), Ribbon No. 6 Reef (15-032), Unnamed Reef (15-034) Seasonal Closure (Offshore Ribbon Reefs) SMA

The area bounded by a notional line commencing at 15° 19.836′ S, 145° 47.063′ E, then running progressively:

1

westerly along the geodesic to 15° 20.448′ S, 145° 44.976′ E;

2

north-easterly along the geodesic to 15° 20.074′ S, 145° 45.329′ E;

3

north-easterly along the geodesic to 15° 19.268′ S, 145° 45.951′ E;

4

easterly along the geodesic to 15° 19.236′ S, 145° 46.147′ E;

5

north-easterly along the geodesic to 15° 19.106′ S, 145° 46.344′ E;

6

northerly along the geodesic to 15° 18.858′ S, 145° 46.425′ E;

7

north-westerly along the geodesic to 15° 18.225′ S, 145° 46.114′ E;

8

north-westerly along the geodesic to 15° 18.096′ S, 145° 45.872′ E;

9

west along the parallel to its intersection with longitude 145° 45.449′ E;

10

north-easterly along the geodesic to 15° 17.716′ S, 145° 45.736′ E;

11

northerly along the geodesic to 15° 17.574′ S, 145° 45.768′ E;

12

northerly along the geodesic to 15° 16.821′ S, 145° 45.575′ E;

13

northerly along the geodesic to 15° 16.427′ S, 145° 45.585′ E;

14

northerly along the geodesic to 15° 15.720′ S, 145° 45.359′ E;

15

northerly along the geodesic to 15° 15.581′ S, 145° 45.348′ E;

16

north-westerly along the geodesic to 15° 15.444′ S, 145° 45.135′ E;

17

westerly along the geodesic to 15° 15.390′ S, 145° 44.871′ E;

18

north-westerly along the geodesic to 15° 15.120′ S, 145° 44.721′ E;

19

north along the meridian to its intersection with latitude 15° 14.119′ S;

20

north-easterly along the geodesic to 15° 13.817′ S, 145° 45.078′ E;

21

northerly along the geodesic to 15° 13.509′ S, 145° 45.114′ E;

22

north-westerly along the geodesic to 15° 13.346′ S, 145° 45.002′ E;

23

northerly along the geodesic to 15° 12.864′ S, 145° 44.952′ E;

24

north-easterly along the geodesic to 15° 12.551′ S, 145° 45.221′ E;

25

northerly along the geodesic to 15° 12.146′ S, 145° 45.234′ E;

26

north-westerly along the geodesic to 15° 11.859′ S, 145° 44.645′ E;

27

north-westerly along the geodesic to 15° 11.402′ S, 145° 44.417′ E;

28

easterly along the geodesic to 15° 11.400′ S, 145° 45.000′ E;

29

east along the parallel to its intersection with longitude 145° 47.063′ E;

30

south along the meridian to the point of commencement

Table 11L Part 4 Areas described by reference to the Zoning Plan

The areas described in Part 4 of Schedule 1 to the Zoning Plan as follows:

Item

Location

Zone No

1

Ribbon Reef No. 5 Patches (15-042) and inter-reefal areas

B-15-3007

2

Ribbon Reef No. 2 and 3 inter-reefal areas

B-15-3008

11LASeasonal Closure (Offshore Ribbon Reefs) SMAs — special management provisions

  1. (1)

    A Seasonal Closure (Offshore Ribbon Reefs) SMA must not be used or entered for the purposes of fishing involving the taking of a pelagic species by trolling during the months of January to August (inclusive) in a year.

  2. (2)

    A tender commercial fishing vessel must be physically attached to its primary commercial fishing vessel at all times during the months referred to in subregulation (1).

11MNo Dories Detached (Offshore Ribbon Reefs) SMAs — declaration

The area described in each Part of Table 11M is declared to be a No Dories Detached (Offshore Ribbon Reefs) SMA having the name set out in the Part heading.

Table 11MNo Dories Detached (Offshore Ribbon Reefs) SMAs

Table 11M Part 1 Yonge Reef (14-138) and No Name Reef (14‑139) No Dories Detached (Offshore Ribbon Reefs) SMA

The area bounded by a notional line commencing at 14° 33.073′ S, 145° 38.224′ E then running progressively:

1

south-easterly along the geodesic to 14° 39.402′ S, 145° 41.809′ E;

2

west along the parallel to its intersection with longitude 145° 39.530′ E;

3

south-westerly along the geodesic to 14° 39.905′ S, 145° 38.514′ E;

4

south-easterly along the geodesic to 14° 39.943′ S, 145° 38.534′ E;

5

south-easterly along the geodesic to 14° 40.021′ S, 145° 38.684′ E;

6

south-easterly along the geodesic to 14° 40.176′ S, 145° 38.879′ E;

7

easterly along the geodesic to 14° 40.188′ S, 145° 39.098′ E;

8

south-westerly along the geodesic to 14° 40.993′ S, 145° 38.508′ E;

9

north-westerly along the geodesic to 14° 37.571′ S, 145° 36.771′ E;

    1. (a)

      references in that paragraph or those subregulations to a permission were references to an accredited TUMRA; and

    2. (b)

      references to a condition of a permission included:

      1. (i)

        a condition of the accreditation of the TUMRA; and

      2. (ii)

        a condition of the TUMRA itself.

  2. (9)

    In the application of paragraph (1) (a) and subregulation (5) to a matter covered by an accredited TUMRA, a reference to a permission holder is taken to be a reference to a person authorised by or under the TUMRA to undertake a traditional use of marine resources.

  3. (10)

    In the application of subregulation (2) to a matter covered by an accredited TUMRA, a reference to a permission holder is taken to be a reference to the holders of the TUMRA.

  4. (11)

    For the application of subregulation (2) in relation to an accredited TUMRA, it is sufficient if the Authority notifies the person whose name and address is specified in the TUMRA for paragraph 6J (3) (c).

[30]Paragraph 58 (2) (a)

omit

37G or

[31]Paragraph 58 (3) (a)

omit

37G or

[32]After subregulation 58 (8)

insert

  1. (9)

    Subject to subregulations (10), (11) and (12), subregulations (1), (2), (3) and (6) apply to an accredited TUMRA as if:

    1. (a)

      references in those subregulations to a permission were references to an accredited TUMRA; and

    2. (b)

      references to a condition of a permission included:

      1. (i)

        a condition of the accreditation of the TUMRA; and

      2. (ii)

        a condition of the TUMRA itself.

  2. (10)

    In the application of subregulations (1) and (2) to a matter covered by an accredited TUMRA, a reference to a permission holder is taken to be a reference to a person authorised by or under the TUMRA to undertake a traditional use of marine resources.

  3. (11)

    In the application of subregulation (6) to a matter covered by an accredited TUMRA, a reference to a permission holder is taken to be a reference to the holders of the TUMRA.

  4. (12)

    For the application of subregulation (6) in relation to an accredited TUMRA, it is sufficient if the written notification referred to in that subregulation is served on the person whose name and address is specified in the TUMRA for paragraph 6J (3) (c).

[33]Paragraph 59 (1) (c)

omit

37G or

[34]After subregulation 59 (3)

insert

  1. (4)

    Subject to subregulation (5), subregulation (1) applies to an accredited TUMRA as if:

    1. (a)

      a reference in that subregulation to a permission were a reference to an accredited TUMRA; and

    2. (b)

      a reference to a condition of a permission included:

      1. (i)

        a condition of the accreditation of the TUMRA; and

      2. (ii)

        a condition of the TUMRA itself.

  2. (5)

    In the application of subregulation (1) to a matter covered by an accredited TUMRA, a reference to the holder of a permission is taken to be a reference to a person authorised by or under the TUMRA to undertake traditional use of marine resources.

[35]Paragraph 59A (4) (a)

substitute

(a) permission includes:

  1. (i)

    an approval, authorisation, authority, exemption, licence, permit or other permission (however described and whether in force or not) relating to the Marine Park; and

  2. (ii)

    an accredited TUMRA; and

[36]After subregulation 61 (2)

insert

  1. (3)

    The Authority must not grant accreditation of a TUMRA unless the Authority has made an assessment, or had an assessment made, of the impact that the relevant traditional use of marine resources is likely to have on the Marine Park and the Great Barrier Reef.

[37]Regulation 61A

substitute

61ACompulsory pilotage area

  1. (1)

    For the definition of compulsory pilotage area in subsection 3 (1) of the Act, the following parts of the Great Barrier Reef Region are prescribed:

    1. (a)

      the inner route described in subregulation (2);

    2. (b)

      Hydrographer’s Passage (described in subregulation (3));

    3. (c)

      the Whitsundays compulsory pilotage area described in subregulation (4).

  2. (2)

    The inner route is the waters bounded by:

    1. (a)

      the Australian mainland; and

    2. (b)

      the outer eastern edge of the Great Barrier Reef; and

    3. (c)

      the northern boundary of the Great Barrier Reef Region; and

    4. (d)

      the parallel 16° 39.91¢ S.

  3. (3)

    Hydrographer’s Passage is the area bounded by a line that progressively joins, on geodesic lines, the following points:

Item

Latitude

Longitude

1

20° 39.11¢ S

149° 49.36¢ E

2

20° 35.91¢ S

150° 07.36¢ E

3

20° 28.31¢ S

150° 18.06¢ E

4

20° 02.91¢ S

150° 03.06¢ E

5

19° 54.91¢ S

150° 16.56¢ E

6

19° 39.91¢ S

150° 10.56¢ E

7

19° 50.91¢ S

150° 33.06¢ E

8

20° 01.41¢ S

150° 25.86¢ E

9

20° 06.91¢ S

150° 17.26¢ E

10

20° 19.91¢ S

150° 27.06¢ E

11

20° 32.91¢ S

150° 27.06¢ E

12

20° 41.51¢ S

150° 11.66¢ E

13

20° 54.41¢ S

150° 01.96¢ E

14

20° 39.11¢ S

149° 49.36¢ E.

  1. (4)

    The Whitsundays compulsory pilotage area is the area bounded by a line that begins at the northernmost point of Cape Gloucester at low water, at about 20° 03.94¢ S, 148° 27.51¢ E, and continues progressively:

    1. (a)

      on geodesic lines to the following points:

Item

Latitude

Longitude

1

19° 58.02¢ S

148° 18.60¢ E

2

19° 57.83¢ S

148° 18.53¢ E

3

19° 58.00¢ S

148° 21.68¢ E

4

19° 58.28¢ S

148° 27.05¢ E

5

19° 58.37¢ S

148° 27.40¢ E

6

19° 59.28¢ S

148° 33.62¢ E

7

20° 00.82¢ S

148° 37.48¢ E

8

20° 02.17¢ S

148° 53.07¢ E

9

20° 03.58¢ S

148° 57.92¢ E

10

20° 14.42¢ S

149° 10.47¢ E

11

20° 15.20¢ S

149° 11.15¢ E

12

20° 28.93¢ S

149° 08.03¢ E

13

20° 31.20¢ S

149° 09.07¢ E

14

20° 34.28¢ S

149° 10.50¢ E

15

20° 33.91¢ S

149° 07.06¢ E

16

20° 39.73¢ S

148° 45.82¢ E;

and

  1. (b)

    west along the parallel 20° 39.73¢ S to the coastline of the mainland at low water, near Midge Point; and

  2. (c)

    generally northerly, easterly, south-easterly and north-westerly along the coastline of the mainland at low water to the point where the boundary began.

Note The line described by the points mentioned in items 2 to 14 of the table in paragraph (a) follows the Australian territorial sea baseline, as defined in AMBIS 2001 data, published by the Australian Surveying and Land Information Group (AUSLIG).

[38]Regulations 67 and 68

substitute

67Interpretation of this Part

  1. (1)

    In this Part (other than regulation 73A):

permission means a permission to which section 38B, 38F or 38J of the Act, or regulation 41A, applies, but does not include a permission that is required to carry on an activity in the Marine Park for any of the following purposes in accordance with the Zoning Plan:

  1. (a)

    the traditional use of marine resources;

  2. (b)

    the taking, in accordance with a program approved by the Authority, of animals or plants that pose a threat to human life or safety, to marine or island ecosystems which are part of the Marine Park or to the use and amenity of an area of the Park or of adjacent areas.

  1. (2)

    In this Part, a reference to an activity in the Marine Park includes entering or using the Park.

  2. (3)

    If, before a permission ceases to be in force, the permission holder applies for a permission to carry on, in the Marine Park, after the permission ceases to be in force, an activity that:

    1. (a)

      is the same as the permitted activity; and

    2. (b)

      is to be carried on in the same area as the permitted activity;

the application is taken, for the purposes of this Part, to be an application for continuation of a permission.

68Fees for assessment in respect of application for permission

  1. (1)

    Subject to regulation 69, there is payable to the Authority, for an assessment under regulation 61 in respect of an application for a permission to carry on an activity of a commercial nature in the Marine Park that is an activity listed in column 2 in Table 68, the fee specified:

    1. (a)

      if the application is for an initial permission — in column 3 of Table 68 for the activity; or

    2. (b)

      if the application is for continuation of a permission — in column 4 of that table for the activity.

  2. (2)

    If an activity is referred to in more than 1 item or sub-item in column 2 of Table 68, the fee payable is the higher or highest of the fees specified for the activity in column 3 or 4 of the table.

  3. (3)

    In items 4 and 5 in Table 68:

public environment report means:

  1. (a)

    a public environment report in accordance with Division 5 of Part 8 of the Environment Protection and Biodiversity Conservation Act 1999 concerning the impact the relevant activity is likely to have on the Marine Park or the Great Barrier Reef; or

  2. (b)

    if the Authority is satisfied that a report referred to in paragraph (a) is not likely to be prepared, a document setting out the results of an assessment of the impact the activity is likely to have on the Marine Park or the Great Barrier Reef in connection with which the Authority is satisfied that it will be necessary for the Authority to undertake an investigation as extensive as would be necessary for the purposes of a report referred to in paragraph (a).

  1. (4)

    In items 6 and 7 in Table 68:

environmental impact statement about an activity means:

  1. (a)

    an environmental impact statement in accordance with Division 6 of Part 8 of the Environment Protection and Biodiversity Conservation Act 1999 concerning the impact the relevant activity is likely to have on the Marine Park or the Great Barrier Reef; or

  2. (b)

    if the Authority is satisfied that a statement referred to in paragraph (a) is not likely to be prepared, a document setting out the results of an assessment of the impact the activity is likely to have on the Marine Park or the Great Barrier Reef in connection with which the Authority is satisfied that it will be necessary for the Authority to undertake an investigation as extensive as would be necessary for the purposes of a statement referred to in paragraph (a).

Table 68Fees for assessments in respect of applications for permission

Item

Activity

Fee — initial permission ($)

Fee — continuation of permission ($)

1

Activity that requires use of an aircraft or vessel having a maximum passenger capacity of:

  1. (a)

    fewer than 25 passengers

520

520

  1. (b)

    25 to 50 passengers

750

600

  1. (c)

    51 to 100 passengers

1 360

830

  1. (d)

    101 to 151 passengers

2 260

1 200

  1. (e)

    more than 150 passengers

3 780

1 510

2

Activity that requires the use of a facility or structure in the Marine Park

1 660

1 660

3

Activity that requires a public notice to be given under regulation 14F, 35 or 43

6 040

2 260

4

Activity about which a public environment report is to be prepared

30 240

30 240

5

Continuation of an activity about which a public environment report was prepared, if no other such report is to be prepared about the continuation

3 780

6

Activity about which an environmental impact statement is to be prepared

81 670

81 670

7

Continuation of an activity about which an environmental impact statement was prepared, if no other such statement is to be prepared about the continuation

3 780

8

Activity not covered by items 1 to 7

520

520

[39]Regulation 71

substitute

71Notices of fees payable

  1. (1)

    As soon as practicable after receiving an application from a person for permission, the Authority must give the person a notice in writing:

    1. (a)

      stating the fee payable for the application; and

    2. (b)

      stating the date on which the notice is given; and

    3. (c)

      requiring the person to pay, within 21 days after that date:

      1. (i)

        if item 1, 2, 3, 5, 7 or 8 of Table 68 covers the relevant activity — the fee in full; or

      2. (ii)

        if item 4 or 6 of that table covers the activity — the sum of $10 000 in part payment of the fee.

  2. (2)

    If an application for permission is withdrawn before the end of the 21 days referred to in paragraph (1) (c):

    1. (a)

      no fee is payable for the application; and

    2. (b)

      the amount of any fee paid for it is to be refunded.

  3. (3)

    If:

    1. (a)

      a person has applied for permission to carry on an activity covered by item 4 or 6 of Table 68; and

    2. (b)

      the person has paid $10 000 in part payment of the fee for the application; and

    3. (c)

      the public environment report or environmental impact statement about the activity is made available for public comment in draft or final form;

the Authority must give the person a notice in writing:

  1. (d)

    stating the date on which the notice is given; and

  2. (e)

    requiring the person to pay, within 21 days after that date, the amount of the fee that has not been paid.

  1. (4)

    Except as set out in subregulation (2), an amount paid for an application is not to be refunded if the application is withdrawn, or otherwise ceases to have effect, after the amount is paid.

[40]Subregulation 73A (1)

omit

Part 2 of Schedule 7

insert

Table 73A

[41]After subregulation 73A (1)

insert

Table 73AFees 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 14H, 37 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.

[42]Subregulation 104 (2)

omit

12 (2), 21 (2), 32F (2)

insert

14G (2)

[43]Regulation 117A

substitute

117ACruise ship anchorages

For the Plan, the cruise ship anchorages are the following:

  1. (a)

    the Hardy Reef Cruise Ship Anchorage — that is, the point at or about 19° 44.45¢ S, 149° 08.40¢ E, approximately 1.10 nautical miles due west of the beacon depicted as No. 2 on Hydrographic Chart AUS254;

  2. (b)

    the Cid Harbour Cruise Ship Anchorage — that is, the area bounded by a notional line beginning at 20° 14.30¢ S, 148° 56.00¢ E and running progressively:

    1. (i)

      south-easterly along the geodesic to 20° 15.00¢ S, 148° 56.20¢ E;

    2. (ii)

      south along the meridian to 20° 15.70¢ S, 148° 56.20¢ E;

    3. (iii)

      west along the parallel to 20° 15.70¢ S, 148° 55.80¢ E;

    4. (iv)

      north-easterly along the geodesic to 20° 14.30¢ S, 148° 55.20¢ E;

    5. (v)

      east along the parallel to the point of commencement;

  3. (c)

    the Turtle Bay Cruise Ship Anchorage — that is, the area bounded by a notional line beginning at 20° 19.50¢ S, 149° 01.00¢ E and running progressively:

    1. (i)

      south along the meridian to 20° 20.00¢ S, 149° 01.00¢ E;

    2. (ii)

      west along the parallel to 20° 20.00¢ S, 148° 59.50¢ E;

    3. (iii)

      north along the meridian to 20° 19.50¢ S, 148° 59.50¢ E;

    4. (iv)

      east along the parallel to the point of commencement;

  4. (d)

    the Funnel Bay Cruise Ship Anchorage — that is, the area bounded by a notional line beginning at 20° 13.20¢ S, 148° 44.75¢ E and running progressively:

    1. (i)

      south along the meridian to 20° 14.60¢ S, 148° 44.75¢ E;

    2. (ii)

      west along the parallel to 20° 14.60¢ S, 148° 43.00¢ E;

    3. (iii)

      north along the meridian to 20° 13.20¢ S, 148° 43.00¢ E;

    4. (iv)

      east along the parallel to the point of commencement;

(e) the Port Molle Cruise Ship Anchorage — that is, the area bounded by a notional line beginning at 20° 19.00¢ S, 148° 50.10¢ E and running progressively:

  1. (i)

    south-easterly along the geodesic to 20° 19.80¢ S, 148° 50.60¢ E;

  2. (ii)

    west along the parallel to 20° 19.80¢ S, 148° 50.00¢ E;

  3. (iii)

    north-westerly along the geodesic to 20° 19.00¢ S, 148° 49.50¢ E;

  4. (iv)

    east along the parallel to the point of commencement;

  1. (f)

    the South East Hamilton Cruise Ship Anchorage — that is, the point at or about 20° 22.10¢ S, 148° 59.25¢ E;

  2. (g)

    the South Hayman Cruise Ship Anchorage — that is, the area bounded by a notional line beginning at 20° 04.20¢ S, 148° 53.40¢ E and running progressively:

    1. (i)

      south-westerly along the geodesic to 20° 04.70¢ S, 148° 53.20¢ E;

    2. (ii)

      north-westerly along the geodesic to 20° 04.28¢ S, 148° 52.27¢ E;

    3. (iii)

      north-easterly along the geodesic to 20° 03.90¢ S, 148° 52.51¢ E;

    4. (iv)

      south-easterly along the geodesic to the point of commencement;

  3. (h)

    the Fitzalan Passage Cruise Ship Anchorage — that is, the area bounded by a notional line beginning at 20° 18.89¢ S, 148° 56.52¢ E and running progressively:

    1. (i)

      south-easterly along the geodesic to 20° 19.31¢ S, 148° 56.80¢ E;

    2. (ii)

      south-westerly along the geodesic to 20° 19.50¢ S, 148° 56.47¢ E;

    3. (iii)

      north-westerly along the geodesic to 20° 19.09¢ S, 148° 56.19¢ E;

    4. (iv)

      north-easterly along the geodesic to the point of commencement.

[44]Subparagraph 118 (1) (a) (iii)

omit

37G or

[45]Paragraph 118 (1) (b)

substitute

  1. (b)

    any of the following decisions:

    1. (i)

      a decision on an application for the accreditation of a TUMRA;

    2. (ii)

      a decision to vary an accredited TUMRA;

    3. (iii)

      a decision to suspend or revoke the accreditation of an accredited TUMRA;

    4. (iv)

      a decision to vary a condition of, or impose a condition on, an accredited TUMRA;

[46]Subparagraph 120 (1) (a) (ii)

substitute

  1. (ii)

    a relevant permission to use or enter the Mission Beach Leader Prawn Broodstock Capture Area for the purpose of collecting leader prawn broodstock for aquaculture operations; or

[47]Subregulation 120 (1B)

substitute

  1. (1B)

    A person who applied for the grant of a relevant permission to use or enter the Mission Beach Leader Prawn Broodstock Capture Area for the purpose of collecting leader prawn broodstock for aquaculture operations may ask the Authority to reconsider its decision on the application.

[48]Subregulation 120 (2)

omit

a authorisation

insert

an authorisation

[49]Regulation 122A

substitute

122APurpose of Part 13A

This Part provides a procedure under which a person who is alleged to have committed an offence against certain provisions of these Regulations (an infringement notice offence) may, as an alternative to having the matter dealt with by a court, dispose of the matter by paying a monetary penalty (an infringement notice penalty) specified in a notice (an infringement notice) served on the person.

122AAInfringement notice offences and infringement notice penalties

  1. (1)

    An offence against a provision of these Regulations mentioned in column 2 of an item in Table 122AA is an infringement notice offence.

  2. (2)

    The infringement notice penalty for such an offence is the penalty mentioned in column 3 of the relevant item in that table.

Table 122AA Infringement notice offences and penalties

Item

Provision

Infringement notice penalty (penalty units)

1

regulation 19 (Commercial activities on Low Island)

10

2

subregulation 41A (1) (Certain animals not to be taken onto Commonwealth islands)

2

3

subregulation 46 (1) (Littering prohibited)

2

4

subregulation 48 (1) (Authority moorings)

5

5

subregulation 66C (1) (Offences — identification numbers)

5

6

subregulation 84 (1) or (2) (Offence — altering ticket etc)

7

7

subregulation 106 (1), (2), (3) or (4) (Record-keeping etc)

5

8

subregulation 113 (1) (Offences — Cairns Area Plan of Management enforcement provisions)

3

9

subregulation 117 (1) (Offences — Whitsundays Plan of Management enforcement provisions)

3

10

subregulation 117D (1) (Offences — Hinchinbrook Plan of Management enforcement provisions)

3

[50]Subregulation 122C (1)

omit

an offence against a provision mentioned in Schedule 10.

insert

an infringement notice offence.

[51]Regulation 122D

omit

[52]Paragraph 122J (1) (a)

omit

, under the provision in Schedule 10 mentioned in the notice,

[53]Regulation 124

substitute

124Form of identity card

For subsection 45 (1) of the Act, the following form of identity card is prescribed:

Commonwealth of Australia

Identity Card

(if the inspector does not have all the powers available under sections 47 and 48 of the Act, specify kind of inspector)

The person whose name, signature and photograph appear on this card is an inspector under the Great Barrier Reef Marine Park Act 1975.

(affix photograph)

Name:

Identification No:

Dated:

Signature

Issuing officer:

Great Barrier Reef Marine Park Authority

[54]Schedules 1A to 10

omit

Schedule 2Renumbering of provisions of Great Barrier Reef Marine Park Regulations 1983

(subregulation 3 (2))

[1]Parts

renumber consecutively beginning with 1

[2]Divisions in a Part

renumber consecutively with the Part number followed by ‘.’ and successive numbers beginning with 1

[3]Regulations

renumber consecutively beginning with 1

[4]Subregulations in a regulation

renumber consecutively beginning with (1)

[5]Paragraphs in a regulation that is not divided into subregulations, or in a subregulation or definition

re-letter consecutively with lower-case letters beginning with (a)

[6]Subparagraphs in a paragraph

renumber consecutively with lower-case roman numerals beginning with (i)

[7]Sub-subparagraphs in a subparagraph

re-letter consecutively with upper-case letters beginning with (A)

[8]Numbered tables

omit the table number (or so much of it as is the same as the number of the regulation of which it forms part), insert the number (after renumbering) of the regulation

[9]A reference in the regulations to a renumbered provision (including a table) of the regulations

omit the provision number, insert its number after renumbering

[10]A note that refers to a provision by number

omit the number, inserting the number of the provision after renumbering

Schedule 3Amendment of Great Barrier Reef Marine Park (Aquaculture) Regulations 2000

(regulation 4)

[1]Subregulation 62 (1)

omit each occurrence of

this Act

insert

these Regulations

Notes

1. These Regulations amend (in Schedules 1 and 2) 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; 2004 No. 15.

These Regulations also amend (in Schedule 3) Statutory Rules 2000 No. 6, as amended by 2002 No. 8.

2. Notified in the Commonwealth of Australia Gazette on 24 March 2004.

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