Great Barrier Reef Marine Park Amendment Regulations 2009 (No. 1) (Cth)

Great Barrier Reef Marine Park Amendment Regulations 2009 (No. 1)¹

Select Legislative Instrument 2009 No. 304

I, QUENTIN BRYCE, 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 12 November 2009

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

PETER ROBERT GARRETT

Minister for the Environment, Heritage and the Arts

Name of Regulations

These Regulations are the Great Barrier Reef Marine Park Amendment Regulations 2009 (No. 1).

Commencement

These Regulations commence on the commencement of Schedule 6 to the Great Barrier Reef Marine Park and Other Legislation Amendment Act 2008.

Amendment of Great Barrier Reef Marine Park Regulations 1983

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

Transitional

(1)In this regulation:

amended regulations means the Great Barrier Reef Marine Park Regulations 1983 as amended by these Regulations.

commencement date means the date on which these Regulations commence.

modify, in relation to a condition, includes vary, add, omit and substitute.

new permission means a permission to which Part 2A of the amended regulations applies.

old permission means any of the following permissions:

(a)a permission under regulation 53 of the old regulations;

(b)a permission under regulation 73B of the old regulations;

(c)a permission under regulation 73BA of the old regulations;

(d)a permission under Division 2.3 of the old regulations;

(e)a permission under regulation 93 of the old regulations;

(f)a permission under regulation 99 of the old regulations.

old regulations means the Great Barrier Reef Marine Park Regulations 1983 as in force immediately before the commencement date.

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

(2)The old regulations continue to apply to an application for an old permission if:

(a)the application was made before the commencement date; and

(b)the application was not withdrawn before that date; and

(c)the old permission was neither granted nor refused before that date.

(3)The old regulations continue to apply to an application for accreditation of a TUMRA if:

(a)the application was made before the commencement date; and

(b)the application was not withdrawn before that date; and

(c)the TUMRA was neither accredited nor refused accreditation before that date.

(4)The old regulations continue to apply to an expression of interest under Division 2.5 of the old regulations if:

(a)before the commencement date, the Authority published a notice under subregulation 88C (1) of the old regulations inviting expressions of interest; and

(b)the expression of interest was lodged (whether before or after the commencement date) in response to the advertisement; and

(c)the expression of interest complied with regulation 88D of the old regulations; and

(d)the procedures in Division 2.5 of the old regulations in relation to the expression of interest had not been finalised before the commencement date.

(5)An old permission that was in force under the old regulations (including an old permission that was granted under the old regulations after the commencement date in accordance with subregulation (2)) continues in force after the commencement date as if it were a new permission granted under the amended regulations, but the new permission:

(a)ceases to be in force when it would have ceased to be in force under the old regulations; and

(b)remains subject to the same conditions to which it was subject under the old regulations; and

(c)if the old permission was suspended at the commencement date — remains suspended for the period of suspension remaining at the commencement date; and

(d)may be suspended, revoked or transferred, or its conditions modified, as provided for under the amended regulations.

(6)An authority given under an old permission mentioned in subregulation (5) has effect, after the commencement date, as if it had been given under the old permission as continued in force under subregulation (5).

(7)An authorisation attached to an old permission mentioned in subregulation (5) is, after the commencement date, attached to the old permission as continued in force under subregulation (5).

(8)An accreditation of a TUMRA that was in force under the old regulations (including an accreditation that was granted under the old regulations after the commencement date in accordance with subregulation (3)) continues in force after the commencement date as if it were a new accreditation under the amended regulations, but the accreditation:

(a)ceases to be in force when it would have ceased to be in force under the old regulations; and

(b)remains subject to the same conditions to which it was subject under the old regulations; and

(c)if the accreditation was suspended at the commencement date — remains suspended for the period of suspension remaining at the commencement date; and

(d)may be suspended, revoked or terminated, or its conditions of accreditation modified, as provided for under the amended regulations.

(9)An authority given under an accredited TUMRA mentioned in subregulation (8) has effect, after the commencement date, as if it had been given under the accredited TUMRA as continued in force under subregulation (8).

Despite the amendment made by item [45] of Schedule 1, regulation 70 of the old regulations continues to apply after the commencement date to a permission mentioned in that regulation as if the amendment had not been made.

An order that was in force under regulation 94 of the old regulations immediately before the commencement date continues in force after that date as if it had been made under regulation 94 of the amended regulations.

Schedule 1 Amendments

(regulation 3)

[1] Regulation 3

omit

In these Regulations

insert

(1)In these Regulations

[2] Regulation 3, definition of application

omit

relevant

[3] Regulation 3, after definition of bareboat operation

insert

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

[4] Regulation 3, after definition of Cairns Planning Area

insert

Commonwealth island means an island that is:

(a)owned by the Commonwealth; and

(b)within the Marine Park.

[5] Regulation 3, definition of Division 2.5 permission

omit

[6] Regulation 3, definition of holders

substitute

modify, in relation to a condition, includes vary, add, omit and substitute.

[7] Regulation 3, after definition of motorised water sport

insert

permission means a permission to which Part 2A applies.

[8] Regulation 3, definition of permitted mooring

omit

relevant

[9] Regulation 3, definition of prescribed activity

omit

[10] Regulation 3, after definition of primary commercial fishing vessel

insert

Queensland fisheries legislation has the meaning given by regulation 30.

[11] Regulation 3, definition of relevant permission

substitute

special permission has the meaning given in subregulation 88G (1).

[12] Regulation 3, definition of special tourism permission

omit each mention of

relevant

[13] Regulation 3, note

omit

[14] Regulation 3

insert

(2)For the purposes of subsection 39ZC (1) of the Act, the Zoning Plan and a plan of management, relevant permission means a permission mentioned in paragraph 88 (1) (b) or (c).

[15] Subregulation 3A (1)

omit

at the commencement of this regulation

insert

on 18 December 2008

[16] Subregulation 3A (2)

omit

management plan made under the Fisheries Act 1994 of Queensland) is a reference to that law as in force on 1 July 2004

insert

fishery management plan made under paragraph 32 (1) (a) of the Fisheries Act 1994 of Queensland) is a reference to that law as in force from time to time

[17] Subregulation 3A (3)

substitute

(3)A reference in these Regulations to the Transport Operations (Marine Safety) Regulation 2004 of Queensland or the Transport Operations (Marine Pollution) Regulation 2008 of Queensland is a reference to that law as in force on 18 December 2008.

[18] Regulation 5

omit

[19] Regulation 6, definition of Fisheries Regulation

substitute

Fisheries Regulation means the Fisheries Regulation 2008 of Queensland.

[20] Regulation 6, definition of Spanner Crab Plan

omit

[21] Subregulation 8 (1)

omit

the law of Queensland

insert

Queensland fisheries legislation

[22] Regulations 9 to 12

omit

[23] Regulation 13

substitute

Bait netting

(1)For the definition of bait netting in the Zoning Plan, the nets specified in subregulation (2) are declared and the limitations on their use specified in subregulation (3) are prescribed.

(2)For subregulation (1), the following nets are specified:

(a)for recreational fishers — a cast, scoop or seine net that complies with the size, measurement and other physical requirements in the following sections of the Fisheries Regulation:

(i)for a cast net — section 182;

(ii)for a scoop net — section 183;

(iii)for a seine net — section 184;

(b)for commercial fishers — a seine, cast or mesh net that complies with the size, measurement and other physical requirements in the following sections of the Fisheries Regulation:

(i)for a seine net — section 475;

(ii)for a cast net — section 532;

(iii)for a mesh net — section 533.

(3)For subregulation (1), the following limitations are specified:

(a)in the case of a net referred to in paragraph (2) (a) — that the net is used by a recreational fisher in accordance with section 179 of the Fisheries Regulation;

(b)in the case of a net referred to in paragraph (2) (b) — that the net is used by a commercial fisher:

(i)for a net referred to in subparagraph (2) (b) (i) — in accordance with sections 179 and 181 and subsections 472 (6), 472 (7) and 475 (2) of the Fisheries Regulation; and

(ii)for a net referred to in subparagraph (2) (b) (ii) — in accordance with subsection 247 (5) of the Fisheries Regulation; and

(iii)for a net referred to in subparagraph (2) (b) (iii) — in accordance with sections 179 and 181, subsection 247 (5) and sections 530 and 533 of the Fisheries Regulation.

(4)In this regulation:

commercial fisher has the same meaning as in the Fisheries Regulation.

recreational fisher has the same meaning as in the Fisheries Regulation.

[24] Regulation 15, Table 15, Part 2, item 24

substitute

Family Labridae (all species except Choerodon anchorago, C. schoenleini, C. cyanodus, C. cephalotes, C. venustus, Bodianus spp., Cheilinus undulatus, C. fasciatus and C. trilobatus)

Wrasses and tuskfishes (except anchor tuskfish, blackspot tuskfish, blue tuskfish, purple tuskfish, Venus tuskfish, pigfish, humphead Maori wrasse, redbreast Maori wrasse and tripletail Maori wrasse)

[25] Regulation 16

omit

Schedule 15 to

insert

Chapters 7 and 11 of

[26] Paragraph 16 (d)

substitute

(d)the Commercial Crayfish and Rocklobster Fishery;

[27] Paragraphs 16 (h), (i) and (j)

substitute

(h)the Beachworm Fishery;

(i)the Bloodworm Fishery;

(j)the Marine Yabby Fishery.

[28] Paragraph 21 (b)

omit

to which Part 5 of Schedule 3 to the Fisheries Regulation applies

insert

where spearfishing is prohibited under Queensland fisheries legislation

[29] Regulation 22

substitute

Limited trapping

(1)For the definition of limited trapping in the Zoning Plan, the following limitations are prescribed:

(a)that, subject to paragraphs (b), (c) and (d), Queensland fisheries legislation is complied with;

(b)that trapping must only be conducted for the purpose of taking crabs, and only crabs are taken;

(c)that only crab pots, collapsible traps and dillies are used;

(d)that no more than 4 crab pots, collapsible traps or dillies (alone or in combination) are used.

(2)In paragraph (1) (c):

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

[30] Regulation 26

substitute

Netting

(1)For the definition of netting in the Zoning Plan, the limitation prescribed is that:

(a)set mesh nets used in offshore waters in an area described in Parts 1 to 5 of Table 47.2 in subregulation 47 (4) must only be used as permitted by that subregulation; and

(b)subject to subregulation (2), the provisions of the Fisheries Regulation that:

(i)apply in the Marine Park; and

(ii)relate to the use of nets in commercial net fisheries;

must be complied with.

(2)Paragraph (1) (b) does not apply to bait netting, or to section 475 or Part 5 of Chapter 9 of the Fisheries Regulation to the extent that those provisions relate to bait netting.

(3)In subregulation (1), offshore waters has the same meaning as in the Fisheries Regulation.

[31] Paragraphs 29 (1) (a), (b) and (c)

substitute

(a)each species of cetacean;

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

(c)each species of marine mammal, bird or reptile that is prescribed as ‘endangered wildlife’, ‘near threatened wildlife’, ‘rare wildlife’ or ‘vulnerable wildlife’ under the Nature Conservation Act 1992 of Queensland as in force from time to time;

(d)each species that is at risk or in need of special protection and is mentioned or referred to in Table 29.

[32] After subregulation 29 (1)

insert

(1A)For the purposes of paragraph (d) of the definition of protected species in subsection 3 (1) of the Act, the following species are declared:

(a)each species mentioned or referred to in Table 29;

(b)each species of marine mammal, bird or reptile that is prescribed as ‘near threatened wildlife’ under the Nature Conservation Act 1992 of Queensland as in force from time to time.

[33] Regulation 29, Table 29, items 5 to 11

substitute

4A Family Pristidae (all species) Freshwater sawfish, green sawfish, dwarf sawfish, narrow sawfish

5 Epinephelus tukula Potato rockcod

6 Epinephelus lanceolatus Queensland groper

7 Cheilinus undulatus Humphead Maori wrasse

8 Cromileptes altivelis Barramundi cod

9 Rhincodon typus Whale shark

10 Carcharias taurus Greynurse shark

11 Carcharodon carcharias White shark

11A Glyphis glyphis Speartooth shark

[34] Regulation 29, Table 29, item 15

omit

Family Dermochelydae (all species)

insert

Family Dermochelyidae

[35] Regulation 30

omit

are prescribed

insert

as in force from time to time are prescribed

[36] Paragraphs 30 (c), (d) and (e)

substitute

(c)a fishery management plan made under paragraph 32 (1) (a) of the Fisheries Act 1994 of Queensland, to the extent that the plan applies in the Marine Park.

[37] Regulation 34

substitute

Trapping

(1)For the definition of trapping in the Zoning Plan, the following limitations are prescribed:

(a)that trapping may only be conducted for the purpose of taking crabs, and only crabs are taken;

(b)that the take of crabs must be in accordance with the relevant provisions of Queensland fisheries legislation;

(c)that only crab pots, collapsible traps and dillies are used;

(d)that the apparatus used to trap crabs must be used in accordance with the relevant provisions of Queensland fisheries legislation.

(2)In paragraph (1) (c):

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

[38] Regulation 35

omit

Fisheries (East Coast Trawl) Management Plan 1999 of Queensland is

insert

Fisheries Regulation and the Fisheries (East Coast Trawl) Management Plan 1999 of Queensland are

[39] Regulation 47

substitute

Species Conservation (Dugong Protection) SMAs — special management provisions

(1)In this regulation:

commercial fisher has the same meaning as in the Fisheries Regulation.

offshore waters has the same meaning as in the Fisheries Regulation.

set mesh net has the same meaning as in the Fisheries Regulation.

(2)Subject to subregulation (4), the special management provision that applies to a Species Conservation (Dugong Protection) SMA is that netting and bait netting carried on by commercial fishers in an SMA mentioned in column 2 of an item in Table 47.1 in subregulation (3) must be carried on in accordance with the provisions of Chapter 2 of the Fisheries Regulation specified in column 3 for the item.

(3)For subregulation (2), the following table sets out the provisions of Chapter 2 of the Fisheries Regulation that are applicable to each SMA.

Table 47.1

Item	Species Conservation (Dugong Protection) SMA	Applicable provisions of Chapter 2
1	Hinchinbrook Island Area	Section 114
2	Lucinda to Allingham — Halifax Bay	Division 3 of Part 12
3	Cleveland Bay — Magnetic Island	Sections 116 and 116A
4	Bowling Green Bay	Division 3 of Part 12
5	Upstart Bay	Section 111
6	Edgecumbe Bay — Bowen	Division 3 of Part 12
7	Repulse Bay	Division 3 of Part 12
8	Stewart Peninsula — Newry Islands — Ball Bay	Sections 116 and 116A
9	Ball Bay — Sand Bay	Division 3 of Part 12
10	Llewellyn Bay	Division 3 of Part 12
11	Ince Bay (Cape Palmerston — Allom Point)	Sections 116 and 116A
12	Clairview Bluff — Carmilla Creek	Division 3 of Part 12
13	Shoalwater Bay	Section 110
14	Port Clinton (Reef Point — Cape Clinton)	Section 109
15	Port of Gladstone — Rodds Bay	Division 3 of Part 12

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).

(4)A set mesh net must not be used in offshore waters in an area described in Parts 1 to 5 of Table 47.2 unless the net:

(a)is no longer than 50 metres; and

(b)is used in accordance with section 120 of the Fisheries Regulation.

Table 47.2Offshore Waters

Table 47.2, Part 1: Offshore waters within 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° 13.468¢ E (at or about 19° 57.873¢ S, 148° 13.468¢ E) then running progressively:

1	east along the parallel to 19° 57.873¢ S, 148° 13.900¢ E;
2	south-easterly along the geodesic to 19° 58.823¢ S, 148° 14.542¢ E;
3	easterly along the geodesic to 19° 58.871¢ S, 148° 15.159¢ E;
4	north-easterly along the geodesic to 19° 58.187¢ S, 148° 15.316¢ E;
5	south-easterly along the geodesic to 19° 58.962¢ S, 148° 16.333¢ E;
6	southerly along the geodesic to 19° 59.543¢ S, 148° 16.400¢ E;
7	south-westerly along the geodesic to 20° 0.354¢ S, 148° 16.194¢ E;
8	south-easterly along the geodesic to 20° 0.710¢ S, 148° 16.405¢ E;
9	west along the parallel to the intersection of the mainland coastline at mean low water and the meridian 148°16.090¢ E (at or about 20° 0.710¢ S, 148° 16.090¢ E);
10	generally north-westerly along the mainland coastline at mean low water to the point of commencement.

The area bounded by a notional line commencing at the intersection of the mainland coastline at mean low water at Adelaide Point and the meridian 148° 16.683¢ E (at or about 20° 4.410¢ S, 148° 16.683¢ E) then running progressively:

1	east along the parallel to 20° 4.410¢ S, 148° 18.256¢ E;
2	south along the meridian to 20° 4.926¢ S, 148° 18.256¢ E;
3	south westerly along the geodesic to 20° 5.197¢ S, 148° 18.046¢ E;
4	west along the parallel to 20° 5.197¢ S, 148° 17.436¢ E;
5	north-westerly along the geodesic to the intersection of the mainland coastline at mean low water and the meridian 148° 17.197¢ E (at or about 20° 4.818¢ S, 148° 17.197¢ E);
6	generally north-westerly along the mainland coastline at mean low water to the point of commencement.

The area bounded by a notional line circumferencing Poole Island, commencing at 20° 5.719¢ S, 148° 18.597¢ E then running progressively:

1	east along the parallel to 20° 5.719¢ S, 148° 18.913¢ E;
2	south-easterly along the geodesic to 20° 5.938¢ S, 148° 19.302¢ E;
3	south along the meridian to 20° 6.300¢ S, 148° 19.302¢ E;
4	south-westerly along the geodesic to 20° 6.548¢ S, 148° 19.103¢ E;
5	west along the parallel to 20° 6.548¢ S, 148° 18.283¢ E;
6	north along the meridian to 20° 6.023¢ S, 148° 18.283¢ E;
7	generally north-easterly along the geodesic to the point of commencement.

The area bounded by a notional line commencing at the intersection of the mainland coastline at mean low water and the parallel 20° 8.359¢ S (at or about 20° 8.359¢ S, 148° 19.830¢ E) then running progressively:

1	north-west along the geodesic to 20° 8.069¢ S, 148° 19.717¢ E;
2	north-east along the geodesic to 20° 7.904¢ S, 148° 20.074¢ E;
3	south-east along the geodesic to 20° 8.307¢ S, 148° 20.660¢ E;
4	southerly along the geodesic to 20° 8.542¢ S, 148° 20.678¢ E;
5	south-westerly along the geodesic to the intersection of the mainland coastline and the meridian 148° 20.435¢ E (at or about 20° 9.080¢ S, 148° 20.435¢ E);
6	generally north-westerly along the mainland coastline at mean low water to the point of commencement.

The area bounded by a notional line commencing at the intersection of the mainland coastline at mean low water at Cape Gloucester and the meridian 148° 27.198¢ E (at or about 20° 3.603¢ S, 148° 27.198¢ E) then running progressively:

1	north-easterly along the geodesic to 20° 3.391¢ S, 148° 27.303¢ E;
2	north-westerly along the geodesic to 20° 3.281¢ S, 148° 27.121¢ E;
3	south-westerly along the geodesic to 20° 3.520¢ S, 148° 26.095¢ E;
4	south along the meridian to 20° 5.482¢ S, 148° 26.095¢ E;
5	east along the parallel to the intersection of the mainland coastline and the meridian 148° 26.497¢ E (at or about 20° 5.482¢ S, 148° 26.497¢ E);
6	generally north-easterly along the mainland coastline at mean low water to the point of commencement.

Table 47.2, Part 2: Offshore waters within Repulse 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 meridian 148° 49.500¢ E (at or about 20° 29.493¢ S, 148° 49.500¢ E) then running progressively:

1	west along the parallel to 20° 29.493¢ S, 148° 49.161¢ E;
2	south-westerly along the geodesic to 20° 29.672¢ S, 148° 49.021¢ E;
3	south-westerly along the geodesic to 20° 29.837¢ S, 148° 49.006¢ E;
4	south-easterly along the geodesic to 20° 29.991¢ S, 148° 49.091¢ E;
5	south-easterly along the geodesic to 20° 30.133¢ S, 148° 49.239¢ E;
6	easterly along the parallel to the intersection of the mainland coastline and the meridian 148° 49.775¢ E (at or about 20° 30.133¢ S, 148° 49.775¢ E);
7	generally north-westerly along the mainland coastline at mean low water to the point of commencement.

Table 47.2, Part 3: Offshore waters within 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 McBrides Point and the parallel 20° 53.622¢ S (at or about 20° 53.622¢ S, 148° 59.813¢ E) then running progressively:

1	north along the meridian to 20° 53.291¢ S, 148° 59.813¢ E;
2	south-easterly along the geodesic to 20° 53.342¢ S, 148° 59.967¢ E;
3	south-easterly along the geodesic to 20° 53.630¢ S, 149° 0.202¢ E;
4	southerly along the geodesic to 20° 53.944¢ S, 149° 0.186¢ E;
5	south-westerly along the geodesic to 20° 54.115¢ S, 149° 0.089¢ E;
6	south-easterly along the geodesic to 20° 54.495¢ S, 149° 0.439¢ E;
7	east along the parallel to 20° 54.495¢ S, 149° 0.969¢ E;
8	north-easterly along the geodesic to 20° 53.893¢ S, 149° 1.191¢ E;
9	north-easterly along the geodesic to 20° 53.825¢ S, 149° 1.362¢ E;
10	south along the meridian to the intersection of the mainland coastline and the parallel 20° 54.249¢ S (at or about 20° 54.249¢ S, 149° 1.362¢ E);
11	generally north-westerly along the mainland coastline at mean low water to the point of commencement.

The area bounded by a notional line commencing at the intersection of the mainland coastline at mean low water at Cape Hillsborough and the meridian 149° 2.788¢ E (at or about 20° 54.210¢ S, 149° 2.788¢ E) then running progressively:

1	north-westerly along the geodesic to 20° 53.954¢ S, 149° 2.541¢ E;
2	north-easterly along the geodesic to 20° 53.924¢ S, 149° 2.744¢ E;
3	south-easterly along the geodesic to 20° 54.253¢ S, 149° 3.225¢ E;
4	southerly along the geodesic to 20° 54.557¢ S, 149° 3.215¢ E;
5	south-westerly along the geodesic to 20° 54.816¢ S, 149° 2.956¢ E;
6	south-easterly along the geodesic to 20° 55.239¢ S, 149° 3.130¢ E;
7	north-easterly along the geodesic to 20° 54.981¢ S, 149° 3.486¢ E;
8	easterly along the geodesic to 20° 55.039¢ S, 149° 3.855¢ E;
9	south-easterly along the geodesic to 20° 55.243¢ S, 149° 4.087¢ E;
10	south-westerly along the geodesic to 20° 55.752¢ S, 149° 3.963¢ E;
11	south-westerly along the geodesic to 20° 56.011¢ S, 149° 3.730¢ E;
12	south-westerly along the geodesic to 20° 56.195¢ S, 149° 2.979¢ E;
13	north-westerly along the geodesic to 20° 56.100¢ S, 149° 2.470¢ E;
14	north-westerly along the geodesic to 20° 55.908¢ S, 149° 2.349¢ E;
15	north-easterly along the geodesic to the intersection of the mainland coastline at mean low water and the parallel 20° 55.724¢ S (at or about 20° 55.724¢ S, 149° 2.576¢ E);
16	generally easterly along the mainland coastline at mean low water to the point of commencement.

Table 47.2, Part 4: Offshore waters within 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 and the meridian 149° 19.841¢ E (at or about 21° 24.642¢ S, 149° 19.841¢ E) then running progressively:

1	south-easterly along the geodesic to 21° 24.766¢ S, 149° 20.251¢ E;
2	south-easterly along the geodesic to 21° 25.524¢ S, 149° 20.539¢ E;
3	southerly along the geodesic to 21° 25.894¢ S, 149° 20.503¢ E;
4	south-westerly along the geodesic to 21° 26.267¢ S, 149° 20.227¢ E;
5	north-westerly along the geodesic to 21° 26.212¢ S, 149° 19.872¢ E;
6	north-westerly along the geodesic to 21° 25.759¢ S, 149°19.492¢ E;
7	north-easterly along the geodesic to the intersection of the mainland coastline at mean low water and the meridian 149° 19.644¢ E (at or about 21° 25.520¢ S, 149° 19.644¢ E);
8	generally south-easterly along the mainland coastline at mean low water to the point of commencement.

Table 47.2, Part 5: Offshore waters within Port of Gladstone — Rodds 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 East Point and the parallel 23° 51.876¢ S (at or about 23° 51.876¢ S, 151° 23.667¢ E) then running progressively:

1	south-easterly along the geodesic to 23° 52.013¢ S, 151° 23.932¢ E;
2	south-westerly along the geodesic to 23° 52.210¢ S, 151° 23.770¢ E;
3	south-westerly along the geodesic to 23° 52.299¢ S, 151° 23.631¢ E;
4	southerly along the geodesic to 23° 52.410¢ S, 151° 23.623¢ E;
5	south-westerly along the geodesic to the intersection of the mainland coastline at Settlement Point and the meridian 151° 23.317¢ E (at or about 23° 52.526¢ S, 151° 23.317¢ E);
6	generally north–easterly along the mainland coastline at mean low water to the point of commencement.

[40] Paragraph 54 (b)

after

Queensland

insert

as in force from time to time

[41] Paragraph 61 (2) (d)

omit

relevant permission

insert

permission

[42] Paragraph 65B (2) (c)

omit

relevant

[43] Regulation 66

omit

[44] Paragraph 69 (b)

omit

the Fisheries (East Coast Trawl) Management Plan 1999 of Queensland

insert

Queensland fisheries legislation

[45] Regulations 70 and 71

omit

[46] Subregulation 72 (1)

omit

38D of the Act that the person proposes to use or enter the zone

insert

38BC of the Act that the person proposes to engage in conduct in the zone (including using or entering the zone)

[47] Subregulation 72 (1)

omit

use of, or entry to, the zone

insert

conduct in the zone (including the person’s use of, or entry to, the zone)

[48] Subregulation 72 (3)

omit

38E

insert

38DC

[49] Subregulation 73B (1), except the penalty

substitute

(1)A person commits an offence if:

(a)the person fishes in the Conservation Park Zone; and

(b)the person uses more than:

(i)1 hand-held rod or handline; and

(ii)1 hook attached to that line; and

(c)the person does not hold a permission authorising the fishing.

[50] Subregulation 73BA (1), except the penalty and note

substitute

(1)A person commits an offence if:

(a)the person fishes in the Marine National Park Zone; and

(b)the fishing is not for a purpose set out in section 2.7.3 of the Zoning Plan; and

(c)the person does not hold a permission authorising the fishing.

[51] Paragraph 73D (1) (b)

omit

relevant

[52] Division 2.3

omit

[53] Regulation 79

omit

a relevant permission

insert

an existing permission

[54] Paragraph 83 (5) (a)

omit

permission

insert

existing permission

[55] Regulation 84

omit each mention of

relevant permission holder

insert

holder of the existing permission

[56] Regulation 85

omit

of the relevant permission

insert

of the existing permission

[57] Regulation 85

omit

as the relevant permission to which

insert

to which

[58] Regulation 86

omit each mention of

the permission

insert

the existing permission

[59] Regulation 87

omit

the permission to which the authorisation is attached), in circumstances other than those to which subregulation 109 (2) or (3) or 110 (1) applies,

insert

the existing permission to which the authorisation is attached)

[60] Division 2.5

omit

[61] After Part 2

insert

Part 2A Permissions

Division 2A.1 Permissions to which Part 2A applies

Permissions to which Part 2A applies

(1)This Part applies to the following permissions:

(a)a permission for the purpose of section 38AA of the Act to engage in mining operations or geological storage operations;

(b)a permission referred to in sections 38BA and 38BB of the Act for the purpose of a zoning plan to engage in conduct in a zone (including the person’s use of, or entry to, the zone);

(c)a permission referred to in section 38BD of the Act for the purpose of a zoning plan to fish in a zone using a particular fishing method or particular fishing apparatus;

(d)a permission for the purpose of section 38CA of the Act to engage in conduct in an unzoned area of the Marine Park;

(e)a permission for the purpose of section 38DD of the Act to discharge waste in the Marine Park;

(f)a permission for the purpose of regulation 53 to use or enter a Restricted Access SMA mentioned in regulation 52.

(2)To avoid doubt, a permission referred to in paragraph (1) (b) includes a special permission.

Division 2A.2 Applications for permissions

88AApplication for permission

(1)Subject to Division 2A.3, a person may apply to the Authority for a permission by:

(a)lodging a written application in accordance with subregulation (3); or

(b)making an application (whether or not in writing) in a manner approved by the Authority.

Note Division 2A.3 sets out a process for selecting entitled persons for special permissions. Generally, only entitled persons may apply for special permissions.

(2)Paragraph (1) (b) applies only in the circumstances approved by the Authority.

(3)For the purposes of paragraph (1) (a), the application must:

(a)be in the form approved by the Authority; and

(b)include the information required by the form; and

(c)be accompanied by any documents required by the form; and

(d)be lodged at a place or by a means specified in the form.

Note Under paragraph 131 (1) (a), the Authority must, as soon as practicable after receiving an application, notify an applicant of the fee payable for the application.

(4)The Authority is not required to consider the application, or consider it further, if the application does not comply with the requirements of subregulation (3).

(5)If the Authority decides not to consider an application, or consider it further, because the application does not comply with the requirements of subregulation (3), the Authority must give the applicant a notice in writing, within 10 business days after the day the Authority makes that decision, stating:

(a)that the application is incomplete; and

(b)the matters that must be dealt with to complete the application.

(6)If the matters have not been dealt with within 30 business days after the notice is given (or such longer period as is specified in the notice), the application is taken to have been withdrawn.

88BWithdrawal of applications

Subject to regulation 88C, a person who makes an application under regulation 88A may, by written notice to the Authority, withdraw the application at any time before it is decided by the Authority.

88CWithdrawals of deemed applications

(1)This regulation sets out when a deemed application is taken to be withdrawn.

(2)If, under section 37AB of the Act, a referral under Division 1 of Part 7 of the Environment Protection and Biodiversity Conservation Act 1999 is taken to be an application for a permission made in accordance with these Regulations, the referral is a deemed application for the purposes of this regulation.

(3)If, under paragraph 74D (4) (a) of that Act, the Minister refuses to approve the taking of the action proposed in the deemed application, the deemed application is taken to have been withdrawn at the time the Minister makes that decision.

(4)However, if the Minister makes a decision under paragraph 74D (4) (b) of that Act in relation to the action proposed in the deemed application, the deemed application is, at the time the Minister makes the decision, reinstated.

(5)If, under subsection 133 (7) of that Act, the Minister refuses to approve the taking of the action proposed in the deemed application, the application is taken to have been withdrawn at the time the Minister refuses to approve the taking of the action proposed in the referral.

(6)If the deemed application is withdrawn under section 170C of that Act, the application is taken to have been withdrawn at the time the referral is so withdrawn.

88DAdvertising of applications

(1)If the Authority considers that the granting of a permission may restrict the reasonable use by the public of a part of the Marine Park, the Authority may, by written notice given to the applicant, require the applicant to publish an advertisement:

(a)setting out any information about the application that the Authority reasonably requires; and

(b)inviting interested persons to make written comments to the Authority about the application within a period of not less than 30 days specified by the Authority; and

(c)specifying an address to which such comments may be sent.

(2)The applicant must, within the period specified in the notice:

(a)provide a copy of the advertisement to the Authority; and

(b)publish the advertisement in a newspaper circulating in that part of the State of Queensland adjacent to that part of the Marine Park in which the conduct, for which permission is sought, is to be engaged in.

(3)The Authority must also publish the advertisement on its website.

(4)If the applicant does not publish the advertisement in accordance with subregulation (2), the application is taken to have been withdrawn at the end of the period specified in the notice mentioned in paragraph (1) (b).

88EAdditional information

(1)For the purpose of assessing an application, the Authority may, in writing, request that the applicant give to the Authority specified additional information or a specified additional document.

(2)The applicant may provide the information or document as part of a report or assessment prepared for the purposes of:

(a)the Environment Protection and Biodiversity Conservation Act 1999; or

(b)the Environmental Protection Act 1994 of Queensland, the Integrated Planning Act 1997 of Queensland or the State Development and Public Works Organisation Act 1971 of Queensland.

(3)If the applicant does not provide the additional information or document to the Authority within 20 business days after the day the Authority gives the notice to the applicant (or such longer period that the Authority allows), the application is taken to have been withdrawn.

Division 2A.3 Applications for special permissions

88FPurpose of Division

(1)This Division provides for the process of seeking expressions of interest in relation to applications for special permissions.

(2)This Division also sets out how expressions of interest are to be ranked in order for the person submitting the expression of interest to be declared an entitled person.

Note Generally, only entitled persons can apply under regulation 88A for a special permission.

88GInterpretation

(1)In this Division:

heli‑pontoon means a non‑motorised, permanently moored facility that is used solely as a landing area for helicopters.

special permission has the meaning given by subregulations (2), (3) and (4).

(2)A special tourism permission is a special permission.

(3)A permission to operate a heli‑pontoon facility of the kind mentioned in subclause 1.37 (2) of the Cairns Area Plan of Management 1998 is a special permission.

(4)A permission to operate a mooring facility that meets the criteria in subregulation (5) is a special permission.

(5)For subregulation (4), the criteria are that the mooring facility:

(a)is in a Location listed in Schedule 6 to the Cairns Area Plan of Management 1998; or

(b)is in the Whitsunday Planning Area and the permission was in force immediately before 18 December 2008; or

(c)is in the Hinchinbrook Planning Area and the permission was in force immediately before 15 April 2004; or

(d)is of a kind mentioned in subclause 1.37 (1) of the Cairns Area Plan of Management 1998;

but is not a mooring facility:

(e)of a kind mentioned in paragraph 1.36 (3) (a), (b), (c), (e) or (f), clause 1.38 or subclause 1.39 (7) of the Cairns Area Plan of Management 1998; or

(f)in a place mentioned in subclause 1.27 (2) of the Whitsundays Plan of Management 1998; or

(g)in a place or of a kind referred to in subclause 1.29 (1) or 2.22 (2) of the Hinchinbrook Plan of Management 2004.

88HApplication of Division

(1)A person is not required to be declared an entitled person under this Division in order to apply for a special permission if:

(a)the person holds a special permission and, before the permission expires, the person applies under regulation 88A to replace the permission with a permission of the same kind; or

(b)the person held a special permission and after its expiry:

(i)the person applied under regulation 88A to replace the permission with a permission of the same kind; and

(ii)the Authority, under subregulation (2), decides to treat the application as having been made before the expiry of the permission; or

(c)the permission is transferred to the person under regulation 88ZK.

(2)For subparagraph (1) (b) (ii), the Authority may decide to treat the application as having been made before the expiry of the special permission if the Authority considers that special circumstances put forward in writing by the applicant justify its doing so.

88IOnly entitled person may apply for special permission

(1)Despite subregulation 88A (1) and subject to regulation 88H, a person may apply for a special permission only if the person is, under this Division, declared to be an entitled person for the permission.

(2)The Authority may declare a person to be an entitled person for a special permission only if the permission is available to be granted under a plan of management, and either:

(a)has not been granted previously; or

(b)if granted previously — will not be in force at the time the entitled person is granted the applied-for permission under regulation 88X.

Note 1 A permission might no longer be in force because it has expired, has been surrendered or has been revoked.

Note 2 The process of seeking expressions of interest must occur before the granting of the special permission. See regulation 88J.

88JInvitations for expressions of interest

(1)Subject to regulation 88H, before granting a special permission under regulation 88X, the Authority must publish a notice inviting expressions of interest in the permission.

(2)The notice must be published:

(a)on the Authority’s website; and

(b)in a newspaper, if any, that is a local newspaper circulating in that part of the State of Queensland adjacent to that part of the Marine Park in which the conduct, for which permission is sought, is to be engaged in.

(3)The notice must set out:

(a)the kind of permission or, if the notice applies to more than 1 kind of permission, each of the kinds of permission, for which expressions of interest are sought; and

(b)the procedure for expressing an interest; and

(c)the closing date for expressing an interest; and

(d)the amount of the lodgment fee for expressing an interest; and

(e)the criteria to be applied by the Authority in assessing an expression of interest.

(4)The notice must be published at least 10 business days before the closing date for the expressions of interest.

88KConsideration of expressions of interest to determine entitled person

(1)In making a decision under regulation 88M, 88N or 88O as to who is an entitled person in relation to a special permission mentioned in a notice under regulation 88J, the Authority must only consider expressions of interest that are:

(a)made in the form approved by the Authority; and

(b)received after the publication of the notice but no later than the closing date set out in the notice; and

(c)accompanied by the lodgment fee mentioned in the notice.

(2)In considering an expression of interest, the Authority must have regard to the criteria mentioned in paragraph 88J (3) (e).

88LRanking expressions of interest

(1)Subject to subregulation (3), for each kind of special permission for which interest is expressed by more than 1 person, the Authority must rank the expressions in order of merit, and may rank by ballot any expressions of equal merit.

(2)The Authority must determine the order of merit on the basis of the criteria set out in the notice under paragraph 88J (3) (e).

(3)The Authority must not rank an expression of interest that does not satisfy all of the criteria mentioned in the notice under paragraph 88J (3) (e).

(4)The Authority must give to a person whose expression of interest has not been ranked, a written notice setting out the reasons for the Authority’s decision not to rank the expression of interest.

(5)The Authority must give the notice to the person within 10 business days after making the decision.

88MFirst declaration of entitled person

(1)For a kind of special permission set out in a notice under regulation 88J, the Authority must, in writing, declare the person who lodged the most highly ranked expression of interest for that kind of permission to be the entitled person for the permission.

(2)The declaration must be made, and given to the person, as soon as practicable after the Authority ranks the expression of interest.

(3)The declaration must:

(a)specify the date from which the decision that the person’s expression of interest is the most highly ranked for the permission takes effect (the date of effect); and

(b)declare that the person is an entitled person to make an application under regulation 88A for that permission; and

(c)state that the person must make the application within 15 business days after the date of effect or the person will cease to be the entitled person for the permission.

(4)The date of effect must not be a date before the date that the declaration is given to the person.

88NSecond declaration of entitled person

(1)The person declared to be the entitled person for the special permission under regulation 88M ceases to be the entitled person if the person:

(a)does not apply under regulation 88A within the period mentioned in paragraph 88M (3) (c); or

(b)withdraws an application made under regulation 88A; or

(c)lodges an application under regulation 88A and the application:

(i)is taken to have been withdrawn under subregulation 88E (3); or

(ii)is refused under regulation 88X; or

(iii)lapses under regulation 132.

(2)If the person ceases to be the entitled person for the special permission, the Authority must again rank the expressions of interest for the permission so that the immediately next ranked expression of interest becomes the most highly ranked expression of interest.

(3)The Authority must, in writing, declare the person whose expression of interest was ranked highest under subregulation (2), to be the entitled person for the permission.

(4)The declaration must be made, and given to the person, as soon as practicable after the Authority ranks the expression of interest under subregulation (2).

(5)The declaration must:

(a)specify the date from which the decision that the person’s expression of interest is the most highly ranked for the permission takes effect (the date of effect); and

(b)declare that the person is an entitled person to make an application under regulation 88A for the permission; and

(c)state that the person must apply to make that application within 15 business days after the date of effect or the person will cease to be the entitled person for the permission.

(6)The date of effect must not be a date before the date that the declaration is given to the person.

88OFurther declarations of entitled person

(1)If the person declared under regulation 88N to be the new entitled person for the special permission:

(a)does not apply under regulation 88A within the period mentioned in paragraph 88N (5) (c); or

(b)withdraws an application made under regulation 88A; or

(c)lodges an application under regulation 88A and the application:

(i)is taken to have been withdrawn under subregulation 88E (3); or

(ii)is refused under regulation 88X; or

(iii)lapses under regulation 132;

then regulation 88N continues to apply as required to the process of ranking of expressions of interest to determine the person who is to be declared the entitled person for the permission.

(2)If the Authority is required to again rank expressions of interest under regulation 88N for a kind of permission set out in a notice under regulation 88J, the Authority in doing so need only take into account the outcome of the previous ranking for that permission.

88PNotice regarding unsuccessful expressions of interest

(1)If:

(a)a person’s expression of interest for a special permission has been ranked by the Authority under regulation 88L; and

(b)the person has not received a declaration under regulation 88M, 88N or 88O;

the Authority must give the person a written notice setting out the reasons for the decision not to give the person’s expression of interest the highest ranking for that permission.

(2)The notice must be given within 20 business days after the making of the decision.

(3)This regulation does not apply in relation to an expression of interest that has been ranked again by the Authority in accordance with regulation 88N or 88O.

Division 2A.4 Consideration of applications

88QConsideration of applications — mandatory considerations

In deciding whether or not to grant a permission in relation to an application, and whether or not to impose any conditions on the permission, the Authority must consider the following:

(a)the potential impacts of the conduct proposed to be permitted by the permission (the proposed conduct) on the environment and on the social, cultural and heritage values of the Marine Park or a part of the Marine Park;

(b)options for monitoring, managing and mitigating the potential impacts of the proposed conduct;

(c)if the proposed conduct will take place in an area to which a zoning plan applies — the objectives of the zone as set out in the zoning plan;

(d)if the proposed conduct also requires an approval or permit under the Environment Protection and Biodiversity Conservation Act 1999:

(i)whether the approval or permit has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted; and

(ii)any relevant assessment documentation (within the meaning given by subsection 133 (8) of that Act) in relation to the approval or permit;

(e)any written comments received about the application in response to the public advertisement published in accordance with regulation 88D;

(f)any other matters relevant to the orderly and proper management of the Marine Park.

Note Subsection 7 (3) of the Great Barrier Reef Marine Park Act 1975 provides that the Authority must, in managing the Marine Park and performing its other functions, have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.

88RConsideration of applications — discretionary considerations

In deciding whether or not to grant a permission in relation to an application, and whether or not to impose any conditions on the permission, the Authority may consider the following:

(a)the requirement in section 37AA of the Act for users of the Marine Park to take all reasonable steps to prevent or minimise harm to the environment in the Marine Park that might or will be caused by the user’s use or entry;

(b)the effect that the grant of the permission will have on public appreciation, understanding and enjoyment of the Marine Park;

(c)the impact of the conduct proposed to be permitted under the permission in the context of other conduct in the relevant area or nearby areas, or in the Marine Park, that is being undertaken, is planned, is in progress, or is reasonably foreseeable at the time of the Authority’s consideration of the application, whether or not related to or a consequence of the proposed conduct;

(d)any policies or guidelines issued by the Authority about the management of the Marine Park or the performance of the Authority’s functions under the Act and these Regulations;

(e)if the application for the permission relates to an undeveloped project the cost of which will be large — the capacity of the applicant to satisfactorily develop and manage the project;

(f)if the proposed conduct also requires an approval or a permission under a law of Queensland — whether the approval or permission has been, or is likely to be, granted and, if granted, the terms and conditions of it being granted; and

(g)any international Convention to which Australia is a signatory, or any agreement between the Commonwealth and a State or Territory, that is relevant to the application;

(h)any relevant law of the Commonwealth, or a relevant law of Queensland as in force from time to time, or a relevant plan made under such a law, relating to the management of the environment, or an area in the Marine Park;

(i)any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, under the Environment Protection and Biodiversity Conservation Act 1999;

(j)whether the applicant for the permission is a suitable person to hold such a permission, having regard to:

(i)the applicant’s history in relation to environmental matters; and

(ii)if the applicant is a body corporate — the history of its executive officers in relation to environmental matters; and

(iii)if the applicant is a company that is a subsidiary of another company (the parent body) — the history of the parent body and its executive officers in relation to environmental matters; and

(iv)any charge, collected amount or penalty amount that is overdue for payment by the applicant as the holder of a chargeable permission (whether or not the permission is in force); and

(v)any late payment penalty that is payable by the applicant as the holder of a chargeable permission (whether or not the permission is in force); and

(vi)any unpaid fines or civil penalties required to be paid by the applicant in relation to a contravention of the Act or of these Regulations;

(k)any other matters relevant to achieving the objects of the Act.

88SLimitations on granting permissions to take protected species

(1)If conduct that is the subject of an application for a permission relates to, or involves, the taking of a protected species, the Authority must not issue a permission for the conduct unless it is satisfied that:

(a)the conduct is not inconsistent with any relevant recovery plan, wildlife conservation plan, threat abatement plan or approved conservation advice, under the Environment Protection and Biodiversity Conservation Act 1999; and

(b)1 or more of the following apply:

(i)to the extent that the conduct relates to an area or areas outside the Marine Park — the conduct is permitted by or under the Environment Protection and Biodiversity Conservation Act 1999;

(ii)the conduct is of particular significance to the traditions of traditional owners and will not adversely affect the survival or recovery in nature of the protected species;

(iii)the conduct will contribute to the conservation of the protected species;

(iv)the taking of the protected species is not the main purpose of the conduct but is merely incidental to the conduct and will not adversely affect the conservation status of the species.

(2)If the application relates to research, photography, filming or sound recording involving cetaceans or a tourist program involving whale watching or swimming with whales, the Authority must also consider whether the conduct will adversely affect a cetacean or the conservation status of a species of cetacean or a population of a species of cetacean.

(3)The matters mentioned in subregulations (1) and (2) are additional to the matters that the Authority must consider under regulation 88Q or may consider under regulation 88R.

88TLimitations on granting permissions to take leader prawn broodstock in Habitat Protection Zone in Mission Beach Leader Prawn Broodstock Capture Area

(1)For subparagraph 2.3.4 (a) (iii) of the Zoning Plan, the following limitations are prescribed in relation to a permission to take leader prawn broodstock in the Habitat Protection Zone in the Mission Beach Leader Prawn Broodstock Capture Area:

(a)the Authority must not grant the permission unless the applicant:

(i)demonstrates, by producing logbook records and receipts for broodstock from an aquaculture facility, that the applicant has taken leader prawn broodstock in the Area in at least 3 of the calendar years 1998, 1999, 2000, 2001 and 2002; and

(ii)holds a current commercial fisheries licence (T1 endorsement) under Queensland fisheries legislation; and

(iii)demonstrates compliance with the requirements of Queensland fisheries legislation relating to turtle excluder devices and bycatch reduction devices; and

(iv)demonstrates compliance with the requirements of Queensland fisheries legislation relating to the maintenance and use of vessel monitoring systems; and

(v)holds a purchase order for leader prawn broodstock from a licensed Australian aquaculture facility;

(b)the Authority must not grant the permission if doing so would result in there being more than 5 such permissions in force at any one time.

(2)The matters mentioned in subregulation (1) are additional to the matters that the Authority must consider under regulation 88Q or may consider under regulation 88R.

(3)This regulation applies only in relation to the initial grant of a permission of a kind mentioned in subregulation (1).

88ULimitation on granting permissions to swim with dwarf minke whales in part of the Cairns Planning Area — maximum number

(1)In this regulation, Ribbon Reefs Sector and Offshore Port Douglas Sector have the same meaning as in Schedule 2 to the Cairns Area Plan of Management 1998.

(2)This regulation applies to an application for a permission to conduct a tourist program that consists, in whole or part, of a swimming‑with‑whales activity involving dwarf minke whales in the Ribbon Reefs Sector and the Offshore Port Douglas Sector of the Cairns Planning Area.

(3)The Authority must not grant the permission if doing so would result in there being more than 9 permissions of that kind in force at any one time.

(4)The matter mentioned in subregulation (3) is additional to the matters that the Authority must consider under regulation 88Q or may consider under regulation 88R.

88VLimitations on granting permissions to enter or use Princess Charlotte Bay SMA — special management provisions

(1)In this regulation:

primary commercial fishing boat licence means a primary commercial fishing boat licence issued under a law of Queensland as in force from time to time.

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

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

(2)For section 4.2.4 of the Zoning Plan, the Authority must not grant a permission to a person to use or enter the Princess Charlotte Bay Special Management Area for netting (other than bait netting) unless:

(a)the person is the holder of a primary commercial fishing boat licence that authorises netting to be carried out in the specified area; and

(b)in accordance with the licence, netting was carried out in the specified area:

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

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

(c)in accordance with the licence, at least 5 tonnes of catch were taken while netting was being carried out in the specified area in the period mentioned in subparagraph (b) (ii).

(3)An application for permission to use or enter the Princess Charlotte Bay Special Management Area for netting (other than bait netting) must, in addition to containing the information required by Division 2A.2, be accompanied by evidence of the kind mentioned in subregulation (4) showing that the applicant satisfies the criteria in subregulation (2).

(4)For subregulation (3), the evidence is:

(a)a certificate, or a certified copy of a certificate, issued under section 74 of the Fisheries Act 1994 of Queensland, showing that the applicant is the holder of a primary commercial fishing boat licence of the kind mentioned in paragraph (2) (a); and

(b)a copy of each of the documents specified in subregulation (5), certified to be true copies by or on behalf of the chief executive (within the meaning of the Fisheries Act 1994 of Queensland), showing that the applicant had complied with the conditions set out in paragraphs (2) (b) and (c).

(5)For paragraph (4) (b), the following documents are specified:

(a)each relevant return, or part of a return, given to the former Queensland Fisheries Management Authority or the State of Queensland through the former Queensland Fisheries Service under section 109 of the repealed Fisheries Regulation 1995 of Queensland, as in force on 1 July 2004;

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

(6)The matters mentioned in subregulation (2) are additional to the matters that the Authority is required to consider under regulation 88Q or may consider under regulation 88R.

(7)This regulation applies only in relation to the initial grant of a permission of a kind mentioned in subregulation (2).

88WConsiderations for permissions to camp on Commonwealth islands

(1)In considering whether to grant a permission to camp on a Commonwealth island, the Authority must only consider the reasonable requirements for the orderly and proper management of the Marine Park and the camping site.

(2)To avoid doubt, the matters that the Authority must consider under regulation 88Q or may consider under regulation 88R do not apply to a permission under subregulation (1).

Note Subsection 7 (3) of the Great Barrier Reef Marine Park Act 1975 provides that the Authority must, in managing the Marine Park and performing its other functions, have regard to, and seek to act in a way that is consistent with, the objects of the Act, the principles of ecologically sustainable use and the protection of the world heritage values of the Great Barrier Reef World Heritage Area.

Division 2A.5 Granting and refusing permissions

88XGrant or refusal of permission

If:

(a)a person has applied for a permission in accordance with this Part; and

(b)has complied with any requirement or request by the Authority about the application;

the Authority must, after taking into account the matters that it is required or permitted to take into account under the Act and this Part, make a decision on the application.

88YApplication to be decided within reasonable time

(1)Subject to regulation 88Z, the Authority must make a decision on the application, and must notify the applicant of its decision, within a reasonable period after receipt of the application.

(2)The Authority must notify the applicant in writing.

Note Under the Electronic Transactions Act 1999 the Authority is able to notify its decision by electronic communication.

88ZDecision on referrals that are taken to be applications

(1)This regulation applies if, under section 37AB of the Act, a referral under Division 1 of Part 7 of the Environment Protection and Biodiversity Conservation Act 1999 is taken to be an application (the deemed application) for a permission made in accordance with these Regulations.

(2)The Authority must not make a decision in relation to the deemed application unless:

(a)the Minister has determined under section 75 of the Environment Protection and Biodiversity Conservation Act 1999 that the action is not a controlled action; or

(b)if the Minister has determined that the action is a controlled action — the Minister has made a decision under section 133 of the Environment Protection and Biodiversity Conservation Act 1999 to approve the action in the referral.

(3)The Authority must make a decision in relation to the deemed application:

(a)if paragraph (2) (a) applies — within a reasonable period after the making of the determination mentioned in paragraph (2) (a); and

(b)if paragraph (2) (b) applies — within the period of 10 business days after the making of the decision mentioned in paragraph (2) (b), unless subregulation (4) applies.

(4)The Authority may extend the period mentioned in paragraph (3) (b) by giving the applicant a notice in writing specifying the period within which it will make a decision on the deemed application.

(5)The notice must be given to the applicant before the end of the period mentioned in paragraph (3) (b).

Division 2A.6 Form, term and conditions of permissions

88ZAForm of permission

A permission issued by the Authority must be in writing and must specify the following:

(a)if the permission is issued to an individual — the name of the person or persons to whom the permission is issued;

(b)if the permission is issued to a body corporate — the name of the body corporate and, if available, the ABN or ACN of the body corporate, as appropriate;

(c)the conduct that the person is authorised to engage in;

(d)the date the permission is granted and, if different, the date the permission comes into force;

(e)the date the permission expires;

(f)the conditions subject to which the permission is granted;

(g)whether the permission allows the holder to grant authorities under the permission.

88ZBTerm of permission

(1)Subject to regulation 88ZC, a permission remains in force for the period specified in the permission, unless it is revoked or surrendered before the end of that period.

(2)The permission has no effect during any period for which it is suspended, but the period of the permission continues to run.

88ZCCertain permissions to continue in force

(1)If:

(a)at any time:

(i)before a permission (the original permission) ceases to be in force, the permission holder applies for a further permission of the same kind in relation to the same conduct; or

(ii)after the original permission expires the Authority decides under subregulation 88H (2) to treat the application for the further permission as having been made before the expiry of the original permission; and

(b)the application has not been granted or refused before the expiry of the original permission; and

(c)the application has not been withdrawn under regulation 88B or 88C before the expiry of the original permission;

then the original permission remains in force until the first of the following events occur:

(d)the application is taken to have been withdrawn under regulation 88D or 88E;

(e)the Authority makes a decision on the application under regulation 88X;

(f)the original permission is suspended or revoked under Division 2A.8;

(g)the application lapses under regulation 132.

(2)If a permission remains in force under subregulation (1), any authorisation attached to it is also taken to remain in force as long as the permission is in force.

88ZDCommencement of special permissions

(1)Subject to subregulations (2), (3) and (4), a special permission does not come into force until the end of a 70 business day period commencing on the day that the Authority decides to grant the permission.

(2)If:

(a)the Authority grants a special permission; and

(b)a request for reconsideration, in accordance with subregulation 185 (8), has not been made in relation to the Authority’s decision to grant the permission;

the permission comes into force on the day after the end of the period in which a request for reconsideration of the decision must be made under subregulation 185 (8).

(3)If the Authority grants an application under regulation 88A to replace a special permission with a permission (the new permission) of the same kind, the new permission comes into force on the day it is granted, or such later date as is specified by the Authority in the permission.

(4)If the Authority approves the transfer of a special permission (the transferred permission) under regulation 88ZK, the transferred permission comes into force on the day the transfer is approved, or such later date as is specified by the Authority in the approval.

88ZEConditions of permission

(1)A permission may be granted subject to any conditions appropriate to the attainment of the objects of the Act.

(2)Without limiting the generality of subregulation (1), a permission may be granted subject to any of the following conditions:

(a)a condition relating to the manner in which conduct (including the use of, or entry to, a zone) that is the subject of the permission is to be carried out;

(b)a condition requiring the preparation, submission for approval by the Authority, and implementation of a plan for preventing, minimising or mitigating the potential environmental impacts of the permitted conduct;

(c)a condition requiring specified monitoring and audit activities to be carried out;

(d)a condition requiring the permission holder to enter into an agreement with the Commonwealth providing undertakings appropriate to the attainment of the objects of the Act;

(e)a condition requiring the provision of a security by way of a bond, guarantee or cash deposit;

(f)a condition requiring the permission holder to pay the Authority’s reasonable costs associated with inspections and supervision in relation to any project that is permitted by the permission;

(g)a condition requiring the permission holder to indemnify the Authority in respect of costs to the Authority that the permission holder’s conduct may incur (including costs that may be incurred under section 61A of the Act);

(h)a condition requiring the permission holder to insure against any specified liability of the holder to the Authority for measures taken by the Authority to repair and mitigate damage to the Marine Park caused by the permission holder’s conduct or contravention of the Act or these Regulations;

(i)a condition requiring the permission holder to undertake specified activities:

(i)to protect the environment of the Marine Park; or

(ii)to repair or mitigate damage to the environment of the Marine Park;

(j)a condition requiring the permission holder to make a financial contribution for the purpose of supporting activities mentioned in paragraph (i).

(3)The Authority must not include in a permission a condition of a kind mentioned in paragraph (2) (i) or (j) that is not directly related to activities authorised by the permission unless the permission holder has consented to the condition.

88ZFAuthorities under permissions

(1)In granting a permission, the Authority may include in the permission a condition that allows the holder to give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the permission for such period as is specified in the authority.

(2)The holder of a permission that contains such a condition may, unless to do so would contravene another condition of the permission, give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the permission for such period as is specified in the authority.

(3)If the carrying out of an activity by a person is authorised by an authority under a permission:

(a)the permission is, for the purposes of these Regulations, taken to authorise that person to carry out that activity; and

For Grade B treated sewage

Thermotolerant coliforms — the relevant level of the thermotolerant coliform count of the samples of treated sewage taken during the test period must not be more than 150 thermotolerant coliforms/100 mL, most probable number, as determined by a multiple tube fermentation analysis or an equivalent analytical procedure.

Suspended solids — the relevant level of the total suspended solids content of the samples of treated sewage taken during the test period must not be more than 50 mg/L above the suspended solids content of ambient water used for flushing purposes.

For Grade C treated sewage

[65] After regulation 93F

insert

93G Discharge in prescribed circumstances

For subsection 38DD (6) of the Act, the circumstances set out in regulations 93D and 93E are prescribed.

[66] Regulation 94

substitute

94 Removal of property

(1) The Authority may, in writing, order a responsible person:

(a) to remove property from the Marine Park if the property has been abandoned, sunk or wrecked; or

(b) to remove property from the Marine Park if there is not in force, or is no longer in force, a permission granted by the Authority for an activity that involves the property; or

(c) to take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of abandoned, sunk or wrecked property; or

(d) to remove property from the Marine Park that may cause damage to the Marine Park.

(2) The order must be served on the responsible person personally or by prepaid mail.

(3) If the Authority is unable to locate the responsible person within a reasonable period, the Authority may publish a notice in accordance with subregulation (4):

(a) on its website; and

(b) in a daily newspaper that is circulated in the State of Queensland.

(4) The notice must:

(a) describe the property; and

(b) identify, as appropriate:

(i) the place where the property is located (as accurately as practicable); or

(ii) the person from whom the property can be recovered; and

(i) to remove the property from the Marine Park within a reasonable period specified in the order; or

(ii) to take action to remedy, mitigate or prevent damage to the Marine Park caused by the removal of the abandoned, sunk or wrecked property; and

(d) state that, if action is not taken to satisfy the order, the Minister may deal with the matter under section 61A of the Act.

(5) In this regulation, responsible person means:

(a) the person who last held a permission under Part 2A for an activity that involves the property; or

(b) the owner of the property; or

(d) the person who caused the property to be in the Marine Park.

(6) An order under subregulation (1) or paragraph (4) (c) is declared to be an order to which section 38DC of the Act applies.

[67] Regulations 96 to 99

omit

[68] Subregulation 101A (2)

omit

relevant

[69] Regulations 104 to 113

omit

[70] After regulation 113

insert

Part 4AA Register

[71] Regulation 114, heading

substitute

114 Register

[72] Paragraphs 114 (3) (a) and (c)

omit

transfer or variation

insert

transfer or modification

[73] Subregulation 116 (1)

omit

subregulation (2)

insert

regulation 133A

[74] Subregulation 116 (2)

omit

[75] Regulation 117

omit

[76] Regulation 117JA, heading

substitute

117JA Conducting swimming-with-whales activities without permission

[77] Subregulation 117JA (1)

omit

relevant

[78] Regulations 117K and 117L

omit each mention of

relevant

[79] Regulation 117M

omit

[80] Regulation 125

omit

[81] Subregulation 126 (1)

omit

paragraph 125 (1) (d)

insert

paragraph 88ZS (1) (d)

[82] Subregulation 127 (1), definition of permission

omit

means a permission to which section 38B, 38F or 38J of the Act, or regulation 95 applies, but

[83] Subregulation 128 (1)

omit

under regulation 117 in respect of an application

insert

of an application under Part 2A

[84] Subregulation 128 (3), definition of public environment report

substitute

public environment report, in relation to an activity, means any of the following kinds of reports about the impact the activity is likely to have on the Marine Park or the Great Barrier Reef:

(a) a public environment report in accordance with Division 5 of Part 8 of the Environment Protection and Biodiversity Conservation Act 1999;

(b) a report:

(i) that has been prepared under a law of Queensland for the purposes of an accredited assessment process mentioned in subsection 87 (4) of the Environment Protection and Biodiversity Conservation Act 1999; and

(ii) in connection with which the Authority is satisfied there has been undertaken an investigation as extensive as would have been undertaken for the purposes of a report mentioned in paragraph (a);

(i) that has been prepared for the purposes of a bilateral agreement under Part 5 of the Environment Protection and Biodiversity Conservation Act 1999 between the Commonwealth and Queensland; and

(ii) in connection with which the Authority is satisfied there has been undertaken an investigation as extensive as would have been undertaken for the purposes of a report mentioned in paragraph (a).

[85] Subregulation 128 (4), definition of environmental impact statement

substitute

environmental impact statement, in relation to an activity, means any of the following kinds of statements or assessments about the impact the activity is likely to have on the Marine Park or the Great Barrier Reef:

(a) an environmental impact statement in accordance with Division 6 of Part 8 of the Environment Protection and Biodiversity Conservation Act 1999;

(b) a statement or an assessment:

(ii) in connection with which the Authority is satisfied there has been undertaken an investigation as extensive as would have been undertaken for the purposes of a statement mentioned in paragraph (a);

(i) that has been prepared for the purposes of a bilateral agreement under Part 5 of the Environment Protection and Biodiversity Conservation Act 1999 between the Commonwealth and Queensland; and

[86] Regulation 128, Table 128, item 3

omit

under regulation 75, 91 or 97

[87] Regulation 128, table 128, after item 3

insert

Activity that requires:

(a) an assessment on referral information under Division 3A of Part 8 of the Environment Protection and Biodiversity Conservation Act 1999; or

(b) an assessment on preliminary documentation under Division 4 of Part 8 of the Environment Protection and Biodiversity Conservation Act 1999

6 040

2 260

[88] Regulation 130

omit

regulation 117

insert

Part 2A

[89] After regulation 133

insert

133A Fees in relation to register

The following fees are payable to the Authority in relation to the register:

(a) a fee of $10 for each request for a copy of a document or information that is in the register; and

(b) a fee of 50 cents for each page that is copied for the purpose of a request mentioned in paragraph (a).

133B Reinstatement fee

For paragraph 88ZT (3) (b), the reinstatement fee payable to the Authority is $120.

[90] Regulation 134, Table 134, item 1

omit

regulation 106

insert

regulation 88ZG

[91] Regulation 134, Table 134, item 2

omit

to which regulation 77, 93 or 99 applies

[92] Regulation 134, Table 134, item 3

omit

relevant

[93] Regulation 134, Table 134, item 3A

omit

Division 2.5

insert

special

[94] Regulation 134, Table 134, item 4

omit

125 (1) (d)

insert

88ZS (1) (d)

[95] Regulation 134, Table 134, item 7

omit

regulation 117

insert

Part 2A

[96] Subregulation 134 (3A)

omit

Division 2.5

insert

special

[97] Subregulation 137 (2), note

omit

[98] Regulation 158, heading

substitute

158 Lady Elliot Island charges

[99] Subregulation 158 (1)

omit

Elliott

insert

Elliot

[100] Subregulation 164 (2)

substitute

(2) For the purposes of subregulation (1), a permission to which subregulation 88ZC (1) applies is taken not to have ceased to be in force unless, and until, the application for the permission is taken to be withdrawn under Part 2A, lapses under regulation 132 or is refused.

[101] Regulation 167

substitute

167 Returns

(1) Subject to subregulation (2), the holder of a chargeable permission referred to in this Part must give the Authority, in each April, July, October and January, in relation to the preceding quarter:

(a) a charge return, in a form approved by the Authority; and

(b) a copy of the part of the logbook supplied to the holder by the Authority, or the form approved by the Authority, for the recording of the information.

Penalty: 50 penalty units.

(2) Subregulation (1) does not apply to the holder of a permission referred to in regulation 159.

(3) The holder of a chargeable permission referred to in regulation 159 must give the Authority a return, in a form approved by the Authority, in April, July, October and January in relation to the exercise of the permission in the preceding quarter, that sets out:

(a) the total volume of sewage generated during the quarter; and

(b) the total volume of sewage discharged at the land‑based outfall during the quarter; and

(c) the information determined by the laboratory referred to in subregulation 159 (2) that discloses the level of treatment the sewage has received before discharge.

Penalty: 50 penalty units.

[102] Subregulation 174 (3)

omit

relevant

[103] Subregulation 178 (3)

omit

relevant

[104] Subregulation 183 (1)

substitute

(1) The Authority must publish on the Authority’s website a notice of any of the following kinds of decisions by the Authority as soon as practicable after making the decision:

(a) a decision under Part 2A on an application (including a referral mentioned in subsection 37AB (1) of the Act that is taken to be an application for a permission made in accordance with these Regulations) for the grant of a permission;

(b) a decision under Part 2A to suspend or revoke a permission;

(d) a decision under Part 2A on an application for approval to transfer a permission;

(e) a decision under Part 2A to impose a condition on a permission;

(f) any of the following decisions under Part 2B:

(i) a decision on an application for accreditation of a TUMRA;

(ii) a decision on an application to modify an accredited TUMRA or to modify a condition of the TUMRA’s accreditation;

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

(iv) a decision to modify a condition of accreditation of an accredited TUMRA;

(v) a decision to impose a condition on the accreditation of an accredited TUMRA;

(g) a decision under subregulation 117K (1) on an application for an exemption from a provision, or provisions, of Part 4A.

(1A) Subregulation (1) does not apply to a decision of the Authority under Part 2A to grant or refuse a permission to camp on a Commonwealth island.

[105] Paragraph 184 (1) (a)

omit

(f), (g) or (i)

insert

(f) or (g)

[106] Paragraph 185 (1) (aa)

omit

subregulation 74A (2)

insert

subregulation 88H (2)

[107] Paragraphs 185 (1) (a) and (b)

substitute

(a) a decision mentioned in paragraph 183 (1) (a), other than a decision in relation to:

(i) an application for a 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

(ii) an application for a permission to conduct a tourist program that includes, as part of the program, swimming‑with‑whales activities in the Cairns Planning Area; or

(iii) an application for a permission to camp on a Commonwealth island; or

(iv) a referral mentioned in subsection 37AB (1) of the Act that is taken to be an application for a permission made in accordance with these Regulations; or

(b) a decision mentioned in paragraph 183 (1) (b), (c), (e) or (f), except to the extent that it relates to a permission granted in respect of an application mentioned in subparagraph (a) (iii) or (iv);

[108] Subregulations 185 (3) and (4)

omit

relevant

[109] Subregulation 185 (6)

omit

chargeable

[110] Subparagraph 185 (8) (c) (iii)

omit

in the Gazette

insert

on the Authority’s website

[111] Subregulation 186 (1)

omit

40 days

insert

30 business days

[112] After regulation 187

insert

187A Reconsideration of reviewable decisions

(1) For subsection 64 (5) of the Act, this regulation prescribes:

(a) the time limits for making requests under section 64 of the Act; and

(b) the matters to be included in requests under section 64 of the Act; and

(d) when a decision on reconsideration takes effect.

(2) For paragraph 64 (5) (a) of the Act, a person must request a reconsideration of a reviewable decision:

(a) if the reviewable decision is a decision mentioned in paragraph 64 (3) (a) of the Act — within 15 business days after the decision is published on the Authority’s website; or

(b) if the reviewable decision is a decision mentioned in paragraph 64 (3) (b) of the Act — within 15 business days after a copy of the direction is given to the person; or

(c) if the reviewable decision is a decision mentioned in paragraph 64 (3) (c) or (d) of the Act — within 15 business days after the decision is made.

(3) For paragraph 64 (5) (b) of the Act, the request must set out the reasons why the Minister or the Authority (whichever is applicable) should reconsider the decision.

(4) For paragraph 64 (5) (c) of the Act:

(a) if a request for reconsideration of a reviewable decision is given to the Minister under subsection 64 (1) of the Act — the Minister must reconsider the reviewable decision within 20 business days after receiving the request; and

(b) if a request for reconsideration of a reviewable decision is given to the Authority under subsection 64 (2) of the Act — the Authority must reconsider the reviewable decision within 20 business days after receiving the request.

(5) For paragraph 64 (5) (d) of the Act, a decision on reconsideration takes effect:

(a) if the reconsidered decision is in relation to a decision mentioned in paragraph 64 (3) (a) of the Act — when the Authority publishes its decision on reconsideration on the Authority’s website; or

(b) if the reconsidered decision is in relation to a decision mentioned in paragraph 64 (3) (b) of the Act — when the Minister gives the person requesting the reconsideration written notice of the Minister’s decision on reconsideration; or

(c) if the reconsidered decision is in relation to a decision mentioned in paragraph 64 (3) (c) or (d) of the Act — when the Minister or Authority, as the case may be, gives the person requesting the reconsideration written notice of the decision.

[113] After Part 13

insert

Part 13A Inspector powers

187B Power of inspector to give directions

(1) For the purpose of ensuring that the Act and these Regulations are complied with, an inspector may, subject to this regulation, give reasonable directions to any person:

(a) who is within the Marine Park; or

(b) who is outside the Marine Park and the inspector believes on reasonable grounds may enter, or who has recently entered and left, the Marine Park.

(2) A direction may be given orally, in writing, by radio or by any other appropriate means of communication.

(3) The inspector must identify himself or herself when giving the direction and must produce his or her identity card at the first practicable opportunity to the person to whom the direction is given.

Note Identity cards are issued to inspectors under section 45 of the Act.

(4) A person commits an offence if:

(a) the person is a person mentioned in paragraph (1) (a) or (b); and

(b) the person is given a direction under subregulation (1); and

Penalty: 50 penalty units.

(5) An offence against subregulation (4) is an offence of strict liability.

187C General powers of inspectors

(1) An inspector may:

(a) require any person in the Marine Park whom the inspector finds committing, or reasonably suspects of having committed, an offence against the Act or these Regulations to leave the Marine Park or the zone or location within the Marine Park where the person is found; and

(b) require any person whom he or she reasonably suspects of having done an act in respect of which the person is required to hold a permission, permit or other authority under the Act, these Regulations or a zoning plan to produce such a permission, permit or authority or evidence of such a permission, permit or authority.

(2) For paragraph (1) (a), the inspector may require the person to leave the Marine Park, or the zone or location within the Marine Park where the person is found, for a specified period that is reasonable in all of the circumstances.

(3) A person commits an offence if:

(a) a requirement is made of the person under this regulation; and

(b) the person fails to comply with the requirement.

Penalty: 50 penalty units.

(4) An offence against subregulation (3) is an offence of strict liability.

[114] Regulation 189, Table 189, after item 1B

insert

1C	subregulation 88ZW (1) (Requirement to produce permission for inspection)	1
1D	subregulation 88ZX (1) (Notification of change in beneficial ownership)	10

[115] Regulation 189, Table 189, after item 4

insert

4A	subregulation 117D (5) (Prohibited vessel)	10
4B	subregulation 117E (2), (3), (4) or (5) (Other craft — adult cetaceans)	10
4C	subregulation 117F (2) or (3) (Other craft — calves)	10
4D	subregulation 117G (2) (Aircraft)	10
4E	subregulation 117H (1) (Feeding)	10
4F	subregulation 117I (1) (Touching and sudden movements)	10
4G	subregulation 117J (2), (3) or (4) (Swimming with cetaceans)	10
4H	subregulation 117JA (1) (Conducting swimming-with-whales activities without permission)	10
4I	subregulation 117JB (1) or (2) (Protection of whales in whale protection area)	10

[116] Regulation 189, Table 189, after item 7

insert

subregulation 167 (1) or (3) (Returns)

[117] Regulation 189, Table 189, after item 10

insert

10A	subregulation 187B (4) (Power of inspector to give directions)	10
10B	subregulation 187C (3) (General powers of inspectors)	10

[118] Regulation 189, after Table 189

insert

(3) An offence against subsection 38BA (3) or 38EA (4) of the Act is an infringement notice offence.

(4) The infringement notice penalty for an offence against subsection 38BA (3) of the Act is 12 penalty units, and the infringement notice penalty for an offence against subsection 38EA (4) of the Act is 4 penalty units.

[119] Regulation 206

omit everything after

prescribed:

insert

Identity Card

The person whose name, signature and photograph appear on this card is an inspector under the Great Barrier Reef Marine Park Act 1975 and the Environment Protection and Biodiversity Conservation Act 1999.

(affix photograph)	Name:
Identification No:
Dated:
Signature	Issuing officer:
Great Barrier Reef Marine Park Authority

[120] Schedule 1, item 32

omit

Elliott

insert

Elliot

Note

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

4A	Family Pristidae (all species)	Freshwater sawfish, green sawfish, dwarf sawfish, narrow sawfish
5	Epinephelus tukula	Potato rockcod
6	Epinephelus lanceolatus	Queensland groper
7	Cheilinus undulatus	Humphead Maori wrasse
8	Cromileptes altivelis	Barramundi cod
9	Rhincodon typus	Whale shark
10	Carcharias taurus	Greynurse shark
11	Carcharodon carcharias	White shark
11A	Glyphis glyphis	Speartooth shark