Great Barrier Reef Marine Park Amendment Regulations 2005 (No. 1) (Cth)

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Great Barrier ReefMarinePark Amendment Regulations 2005 (No. 1)1

Select Legislative Instrument 2005 No. 155

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 ReefMarinePark Act 1975.

Dated 7 July 2005

P. M. JEFFERY

Governor-General

By His Excellency’s Command

IAN CAMPBELL

Minister for the Environment and Heritage

1Name of Regulations

These Regulations are the Great Barrier Reef Marine Park Amendment Regulations 2005 (No. 1).

2Commencement

These Regulations commence on the day after they are registered.

3Amendment of Great Barrier ReefMarinePark Regulations 1983

Schedule 1 amends the Great Barrier ReefMarinePark Regulations 1983.

Schedule 1Amendments

(regulation 3)

[1]Subregulation 3 (2A)

omit

at the commencement of this subregulation.

insert

on 2 December 2004.

[2]Paragraph 3 (7) (a)

substitute

  1. (a)

    a commercial ship registered under the Transport Operations (Marine Safety) Regulation 2004 of Queensland as a class 1F ship; and

[3]Regulation 7

substitute

7Accreditation of educational or research institutions

  1. (1)

    The Authority may, by notice in the Gazette, accredit an educational or research institution to conduct any 1 or more of the following:

    1. (a)

      limited impact research (extractive);

    2. (b)

      limited impact research (non-extractive);

    3. (c)

      a limited educational program;

if it is satisfied that the institution:

  1. (d)

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

  2. (e)

    has an ongoing commitment to improve those practices and standards;

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

Note For the meaning of limited educational program, see the Dictionary to the Zoning Plan. For the meaning of limited impact research (extractive) and limited impact research (non-extractive), see that Dictionary and regulations 19 and 20.

  1. (2)

    The Authority may revoke an accreditation by notice in the Gazette if:

    1. (a)

      it is satisfied that the institution:

      1. (i)

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

      2. (ii)

        no longer has the commitment mentioned in paragraph (1) (e); or

    2. (b)

      it is satisfied that:

      1. (i)

        damage to, or degradation or disruption of, the physical environment or the living resources of the Marine Park, or of any part of it, has occurred; or

      2. (ii)

        there is an imminent threat that such damage, degradation or disruption will occur.

  2. (3)

    Subject to subregulation (4), an institution accredited under subregulation (1), as in force immediately before this subregulation commences, continues to be accredited to conduct limited impact research (extractive) and limited impact research (non-extractive).

  3. (4)

    Subregulation (3) does not affect the Authority’s power to revoke the accreditation of such an institution.

[4]Subparagraph 15 (2) (a) (i)

substitute

  1. (i)

    an animal or plant of a protected species is not to be taken or possessed otherwise than in accordance with subparagraph 5.3 (b) (ii) or paragraph 5.3 (c) of the Zoning Plan;

[5]Regulation 15, Table 15, item 1

substitute

1

Classes Anthozoa and Hydrozoa (all species)

Corals (hard, soft and black), anemones, zoanthids, seafans, corallimorpharians, hydroids and fire corals

[6]Regulation 15, Table 15, item 4

omit

[7]Paragraph 17 (2) (e)

substitute

  1. (e)

    a ganged hook set, consisting of no more than 6 hooks, each of which is in contact (by the point of 1 hook being threaded through the eye of another, or joined by a swivel or wire) with at least 1 of the other hooks in the set, used to attach 1 piece of bait and intended to catch only 1 fish;

[8]Regulation 18

omit

plant of a species mentioned or referred to in Part 1 or 2 of Table 15,

insert

plant,

[9]Paragraph 19 (3) (l)

omit

and Queensland

[10]Paragraph 19 (4) (j)

omit

loggers.

insert

loggers;

[11]After paragraph 19 (4) (j)

insert

  1. (k)

    non-fixed transect tapes and quadrats, but only if such tapes or quadrats are attended at all times.

[12]Regulation 19, Table 19-1, item 33

substitute

33

Classes Anthozoa and Hydrozoa (all species)

All corals (hard, soft and black), anemones, zoanthids, seafans, corallimorpharians, hydroids and fire corals

[13]After subregulation 20 (2), including the note

insert

  1. (3)

    For subparagraph (2) (a) (i), a visual survey may include the use of non-fixed transect tapes or quadrats, but only if such tapes or quadrats are attended at all times.

[14]Subparagraph 25 (c) (ii)

substitute

  1. (ii)

    a personal watercraft (within the meaning given by the Transport Operations (Marine Safety) Regulation 2004 of Queensland) is used;

[15]After regulation 35

insert

35ATrolling — prescribed limitation

For the definition of trolling in the Zoning Plan, the limitation is prescribed that a vessel is taken to be under way only if it is being propelled through the water in a forward direction (whether by engine, sail or human power) and is not adrift.

[16]Regulation 54

after

Raine Island Reef

insert

(11-243)

[17]Subregulation 57 (1)

omit

Parts 1 to 8

insert

Parts 1 to 8A

[18]Regulation 57, Table 57, after Part 8

insert

Table 57 Part 8A CapeUpstart (CP-19-4064) Public Appreciation SMA

The area bounded by a line commencing at 19° 42.403′ S, 147° 44.344′ E then running progressively:

1

east along the parallel to its intersection with the mainland coastline at mean low water (at or about 19° 42.403′ S, 147° 45.155′ E);

2

along the mainland coastline at mean low water to its intersection with the parallel 19° 49.578′ S (at or about 19° 49.578′ S, 147° 46.321′ E);

3

west along the parallel to its intersection with longitude 147° 44.344′ E;

4

north along the meridian to its intersection with latitude 19° 45.099′ S;

5

north along the meridian to the point of commencement.

[19]Regulation 57, Table 57, Part 9, item 8

omit

[20]Subregulations 67 (4) to (6)

substitute

  1. (4)

    The Authority must, as soon as practicable, publish a notice of the designation in 1 or more of the following ways:

    1. (a)

      in a newspaper that circulates generally in Queensland;

    2. (b)

      in a local newspaper that circulates in the part of Queensland adjacent to the part of the Marine Park that is designated;

    3. (c)

      on the Authority’s website.

  2. (5)

    A notice referred to in subregulation (4) must also state that it is an offence to fail to comply with the special management provisions that apply to the area.

  3. (6)

    The designation takes effect from the date it is registered on the Federal Register of Legislative Instruments, or a later date specified in it.

Note A designation is a legislative instrument for the purposes of the Legislative Instruments Act 2003. All legislative instruments are registered on the Federal Register of Legislative Instruments kept under that Act. See 90 (a)

omit

inhabitants

insert

owners

Note

1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See

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