Great Barrier Reef Marine Park (Aquaculture) Amendment Regulations 2007 (No. 1) (Cth)

Great Barrier Reef Marine Park (Aquaculture) Amendment Regulations 2007 (No. 1)¹

Select Legislative Instrument 2007 No. 33

I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Great Barrier Reef Marine Park Act 1975.

Dated 1 March 2007

P. M. JEFFERY

Governor‑General

By His Excellency’s Command

MALCOLM BLIGH TURNBULL

Minister for the Environment and Water Resources

Name of Regulations

These Regulations are the Great Barrier Reef Marine Park (Aquaculture) Amendment Regulations 2007 (No. 1).

Commencement

These Regulations commence on the day after they are registered.

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

Schedule 1 amends the Great Barrier Reef Marine Park (Aquaculture) Regulations 2000.

Schedule 1 Amendments

(regulation 3)

[1] Subregulation 11 (1)

after

1 October 1999

insert

(the existing facility)

[2] Subregulations 11 (2), (3), (4) and (5)

substitute

Meaning of operating

(2)For subregulation (1), an aquaculture facility was operating on 1 October 1999 if aquaculture products (including any product resulting from the operation at the facility) were produced in the facility and were sold before that day.

Meaning of significantly increased in paragraph (1) (a)

(3)For paragraph (1) (a), the volume of aquaculture waste discharged by an existing facility is significantly increased if the volume of waste discharged in a financial year after the commencing day is more than 10% greater than the facility’s pre‑1999 volume.

(4)For subregulation (3), to work out the pre‑1999 volume for an existing facility apply the following steps:

Step 1.Determine the volume of aquaculture waste discharged by the facility in each of the following periods:

(a)the 12 month period commencing 1 October 1996;

(b)the 12 month period commencing 1 October 1997;

(c)the 12 month period commencing 1 October 1998.

Note No permits for new aquaculture facilities were issued after 1 October 1996.

Step 2.The pre‑1999 volume for the facility is the greatest of the volumes determined under step 1.

Meaning of alters in a significant way in paragraph (1) (b)

(5)For paragraph (1) (b), the composition of aquaculture waste discharged by an existing facility alters in a significant way if, in a financial year after the commencing day, the mass of a constituent occurring in the waste for the financial year is more than 10% greater than the pre‑1999 mass for the constituent.

(6)For subregulation (5), to work out the pre‑1999 mass for an existing facility and a constituent apply the following steps:

Step 1.Determine the mass of each constituent occurring in waste in each of the following periods:

(a)the 12 month period commencing 1 October 1996;

(b)the 12 month period commencing 1 October 1997;

(c)the 12 month period commencing 1 October 1998.

Step 2.The pre‑1999 mass for a constituent for the facility is the greatest of the masses determined under step 1.

(7)In this regulation:

commencing day means the day that this subregulation commences.

constituent, in aquaculture waste, means any of the following:

(a)total suspended solids;

(b)total nitrogen;

(c)total phosphorus.

[3] Paragraph 26 (2) (a)

substitute

(a)must, within a reasonable time, make a decision on the application; and

Note

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