Great Barrier Reef Marine Park (Capricornia Section) Regulations (Cth)
REGULATIONS UNDER THE GREAT BARRIER REEF MARINE PARK ACT 1975*
I, THE
ADMINISTRATOR of the Government of the Commonwealth of Australia, acting with
the advice of the Federal Executive Council, hereby make the following
Regulations under the
Dated this fourteenth day of May 1981.
STANLEY BURBURY
Administrator
By His Excellency’s Command,
IAN WILSON
Minister of State for Home Affairs and Environment
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GREAT BARRIER REEF MARINE PARK (CAPRICORNIA SECTION) REGULATIONS
“Capricornia Section” means the area described in the Schedule to the Proclamation made on 17 October 1979 under subsection 31 (1) of the Act and assigned by that Proclamation the name ‘Great Barrier Reef Marine Park—Capricornia Section’;
“power-head” means a device by means of which a fish may be taken, being a device that may be attached to a spear and that consists of or contains an explosive charge;
“the Act” means the
Great Barrier Reef Marine Park Act 1975;
*
Notified in the
“the zoning plan” means the zoning plan as in force on the commencement of these Regulations prepared by the Authority in pursuance of section 32 of the Act in respect of the Capricornia Section;
“zone” means a zone into which the Capricornia Section has been divided by the zoning plan.
(a) each animal, or each animal of a species, specified or referred to in Part I of Schedule 1, other than an animal, or an animal of a species, that is excepted in that Part, is a declared animal;
(b) each plant of a species specified or referred to in Part II of Schedule 1 is a declared plant; and
(c) each marine product specified or referred to in Part III of Schedule 1 is a declared marine product.
(2) For the purposes of the definition of “Fishing” contained in sub-clause 2.1 of the zoning plan, each animal, or each animal of a species, specified or referred to in Part I of Schedule 1, other than an animal, or an animal of a species, that is excepted in that Part, is a declared animal.
(2) An application to the Authority for a relevant permission shall be in writing and shall contain the following information:
(a) the name and address of the person making the application;
(b) the name of the zone that is to be used or entered;
(c) the purposes for which the zone is to be used or entered;
(d) the name or position of each shoal or reef (if any) on or near which such use or entry is proposed;
(e) the period in respect of which the relevant permission is sought;
(f) the means of transport to be used in respect of the use of, or entry to, the zone;
(g) the proposed movements in the zone of the person proposing to use or enter the zone.
(3) The Authority may, in respect of an application for a relevant permission, by notice in writing given to the applicant—
(a) within 30 days after the date of receipt of the application; or
(b) if further particulars in relation to the application have previously been furnished by the applicant, within 30 days after the date of receipt of the further particulars,
request the applicant to furnish to the Authority in writing such further particulars in relation to the application as are specified in the notice, being particulars that are necessary for a proper consideration of the application by the Authority.
(4) Where further particulars in relation to an application are not furnished by the applicant within 30 days after the date of receipt of the notice referred to in sub-regulation (3) or within such longer period as the Authority before the expiration of that period of 30 days allows, the application shall be taken to have lapsed.
(5) In considering an application for a relevant permission, the Authority shall have regard to—
(a) the objectives of the zone;
(b) the orderly and proper management of the zone;
(c) the conservation of the natural resources of the Capricornia Section;
(d) the existing use and amenity, and the future or desirable use and amenity, of the area and of adjacent areas;
(e) the size, extent and location of any proposed use in relation to any nearby use;
(f) the likely effects of any proposed use on adjoining and adjacent areas and any possible effects of the proposed use on the environment;
(g) the proposed means of access to and egress from any use and the adequacy of provisions for aircraft or vessel mooring, landing, parking, loading and unloading; and
(h) where the purpose in respect of which the relevant permission is required is research in the Scientific Research Zone—
(i) the environmental impact of the research;
(ii) the need for the long-term conservation of the Great Barrier Reef; and
(iii) the needs of other researchers.
(6) Where a person applies to the Authority for a relevant permission and has complied with any request duly made by the Authority for further particulars in relation to the application, the Authority shall—
(a) grant such permission in writing subject to such conditions (if any) as are specified in the permission, being conditions necessary for the attainment of the object of the Act; or
(b) by notice in writing given to that person, refuse to grant such permission.
(7) Where a person has applied to the Authority for a relevant permission and the Authority—
(a) within 70 days after the date of receipt of the application; or
(b) where the Authority, under sub-regulation (3), has made a request for further particulars—within 70 days after the date of receipt of the further particulars or, if further particulars have been requested on more than one occasion, within 70 days after the day on which further particulars were last received,
has failed to convey to the applicant a decision in respect of the application, the application for the relevant permission shall be taken to have been refused.
(8) A relevant permission remains in force for such period as is specified in the permission unless it is sooner revoked.
(a) an area within the General Use “A” Zone to be, for such time as is specified in the notice—
(i) a Replenishment Area; or
(ii) a Reef Appreciation Area;
(b) an area within the General Use “B” Zone to be, for such time as is specified in the notice—
(i) a Replenishment Area;
(ii) a Seasonal Closure Area; or
(iii) A Reef Appreciation Area; or
(c) an area within the Marine National Park “A” Zone to be, for such time as is specified in the notice, a Reef Appreciation Area.
(2) For the purpose of giving effect to the zoning plan, the Authority may, by notice in writing, designate a part of a zone to be, for such time as is specified in the notice—
(a) a reef walking area; or
(b) an aircraft landing area.
(3) Before declaring a part of a zone to be a Reef Appreciation Area, the Authority shall, by notice in writing—
(a) state that it proposes to make such a declaration; and
(b) invite interested persons to make representations in writing, in relation to the proposed declaration, by such date, being a date that is not less than 30 days after the date of the notice, as is specified in the notice.
(4) A person may, not later than the date specified in the notice referred to in sub-regulation (3), make representations to the Authority in relation to the proposed declaration referred to in that sub-regulation and the Authority shall give due consideration to any representations so made.
(5) If, after having given due consideration to any representations made under sub-regulation (4) in relation to the proposed declaration of the part of the zone, the Authority decides not to make such a declaration, the Authority shall, by notice in writing, state that it does not propose to make such a declaration.
(6) Where the Authority has, under sub-regulation (1), declared an area within a zone to be, for a specified time-—
(a) a Replenishment Area;
(b) a Reef Appreciation Area; or
(c) a Seasonal Closure Area,
the Authority shall, upon the expiration of that time, by notice in writing, state that the area is no longer a Replenishment Area, a Reef Appreciation Area or a Seasonal Closure Area, as the case may be.
(7) In this regulation, a reference to a notice in writing is a reference to a notice published—
(a) in the
Gazette; (b) in a newspaper circulating generally in the State of Queensland; and
(c) in a newspaper that is a local newspaper in each of the following places in the State of Queensland:
(i) Bundaberg;
(ii) Gladstone;
(iii) Rockhampton;
(iv) Mackay;
(v) Townsville;
(vi) Cairns.
Penalty: $5,000.
(2) Where, under the zoning plan, a zone may be used or entered for a particular purpose with the permission of the responsible agency, a person shall not use or enter the zone for that purpose without the permission in writing of the Authority.
Penalty: $5,000.
(3) Where a permission referred to in sub-regulation (2) is expressed to be subject to conditions, the person to whom the permission is granted shall not use or enter the zone otherwise than in accordance with those conditions.
Penalty: $5,000.
(4) A person shall not use or enter a zone for the purpose of removing a vessel that is wrecked, stranded, sunk or abandoned unless he has informed the Authority that he proposes to use or enter the zone for that purpose.
Penalty: $1,000.
(5) Sub-regulation (4) does not apply to a person using or entering a zone who, at the time of the use or entry, had reasonable grounds for believing that the removal of the vessel would—
(a) save human life or avoid the risk of injury to a human being;
(b) secure the safety of the vessel from danger engendered by stress of weather or by navigational or operational hazards; or
(c) if the person is a person referred to in section 42 of the Act or a person acting with the authority of such a person, deal with an emergency involving a serious threat to the environment.
(6) Where a person informs the Authority that he proposes to use or enter a zone for the purpose of removing a vessel that is wrecked, stranded, sunk or abandoned, the Authority may give such directions to that person in respect of his use of, or entry to, the zone as are reasonably necessary for the protection and preservation of the Marine Park and property and things in the Marine Park.
(7) A person shall not fail to comply with a direction given to him under sub-regulation (6).
Penalty: $1,000.
(8) Where a person is convicted of an offence against sub-regulation (3), the Authority may, by notice in writing given to the person, revoke the permission.
Penalty: $1,000.
(2) A permission given by the Authority for the purposes of sub-regulation (1) shall be subject to such conditions (if any) as are specified in the permission, being conditions necessary for the attainment of the object of the Act.
Penalty: $1,000.
(2) Sub-regulation (1) does not apply to the discharge from a vessel or an aircraft of—
(a) human waste where the vessel or aircraft, as the case may be, does not contain a storage tank of a kind designed for the storage of human waste;
(b) offal from a fish caught within the Capricornia Section; or
(c) biodegradable waste, other than waste to which paragraph (a) or (b) applies, where—
(i) the aircraft or vessel, as the case may be, is more than 500 metres from the seaward edge of a reef that is exposed at mean low water spring tide; or
(ii) the Authority has given its permission in writing to the discharge of the waste from the vessel or aircraft.
(3) A permission given by the Authority for the purposes of paragraph (2) (c) shall be subject to such conditions (if any) as are specified in the permission, being conditions necessary for the attainment of the object of the Act.
Penalty: $200.
(2) A litter notice may be served by serving the notice personally on the person who appears to have committed the offence, or by leaving it at his last-known place of residence or business with a person apparently over the age of 16 years and apparently an occupant of or employed at that place.
(3) A litter notice shall—
(a) clearly show on its face the full name, or surname and initials, and address of the person on whom it is served;
(b) clearly specify the nature of the alleged offence;
(c) clearly specify the day, time and place of the alleged offence;
(d) contain a notification to the person on whom it is served that, if he does not wish the matter to be dealt with by a court he may make a signed statement to that effect in the manner specified in the notice and pay the amount of the prescribed penalty specified in the notice within 30 days after the date of the notice; and
(e) clearly specify the place at which, and the manner in which, the prescribed penalty may be paid.
(4) For the purposes of this regulation, the prescribed penalty for an offence against regulation 10 is the amount of $25.
(5) Where a litter notice has been served and, before the expiration of the specified period of 30 days or at any time before the institution of proceedings in respect of the alleged offence, the amount of the prescribed penalty is paid in accordance with the notice and a statement, signed by the person on whom the notice was served, to the effect that he does not wish the matter to be dealt with by a court is received by the Authority—
(a) any liability of a person in respect of the alleged offence shall be discharged;
(b) no further proceedings shall be taken in respect of the alleged offence; and
(c) no person shall be regarded as having been convicted for the alleged offence.
(6) Nothing in this regulation prevents the service of more than one litter notice in respect of the same offence, but it is sufficient for the application of sub-regulation (5) to a person on whom more than one such notice has been served for that person to pay the prescribed penalty and to make the statement referred to in that sub-regulation in accordance with any one of the notices so served on him.
(7) Where the amount of the prescribed penalty is paid by cheque, payment shall be deemed not to be made unless and until the cheque is honoured upon presentation.
(8) Except as provided by sub-regulation (5), nothing in this regulation in any way prejudices or affects the institution or prosecution of proceedings in respect of an alleged offence or limits the amount of the fine that may be imposed by a court in respect of an offence.
(9) Nothing in this regulation shall be construed as requiring the serving of a litter notice under this regulation or as affecting the liability of a person to be prosecuted in a court in respect of an alleged offence against regulation 10 in relation to which a litter notice has not been served.
(a) an underwater breathing apparatus; or
(b) a power-head.
Penalty: $1,000.
(2) Sub-regulation (1) does not apply where a person uses a power-head for the purpose of protecting himself or other persons from attack by shark.
Penalty: $1,000.
(2) Where—
(a) a permission has been granted to a person under these Regulations; and
(b) that person is convicted of an offence against sub-regulation
(1) in relation to the application for that permission,
the Authority may, by notice in writing given to that person, revoke that permission.
(2) A person affected by a decision made by the Authority under these Regulations—
(a) in respect of an application for a permission; or
(b) revoking a permission,
(not being
a decision that is deemed to be such a decision by sub-section 43 (6) of the
(3) There shall be set out in the request the reasons for making the request.
(4) The Authority shall, within 40 days after the day on which it receives the request, reconsider the decision and may make any decision that it might have made in the first instance whereupon the first decision shall be deemed for all purposes not to have been made.
(5) The Authority shall give to the person who has requested the reconsideration of the decision notice in writing of the decision made under sub-regulation (4).
(6) An application may be made to the Administrative Appeals Tribunal for the review of a decision by the Authority made under sub-regulation (4).
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SCHEDULE
1
ANIMALS, PLANTS AND MARINE PRODUCTS
PART I—ANIMALS
Fish
All species of each of the following:
Family Chaetodontidae
Family Pomacentridae
Family Holocentridae
Family Syngnathidae
Genus Pterois
Genus Brachirus
Genus Pteropterus
Family Apogonidae
Genus Cirrhitichthys
Genus Paracirrhites
Genus Anampses
Genus Epibulus
Genus Gomphosus
Genus Labroides
Genus Lienardella
Genus Macropharyngodon
Genus Stethojulis
Genus Thalassoma
Family Blenniidae
Family Clinidae
Family Gobiidae
Family Acanthuridae
Genus Lo
Family Ostraciontidae
SCHEDULE
1—
Invertebrates
All species of each of the following:
Phylum Porifera
Phylum Coelenterata
Phylum Bryozoa
Phylum Echinodermata
Class Foraminifera
Class Crustacea (except Family Penaeidae, Family Scyllaridae, species Portunus sanguinolentus, males of the species Portunus pelagicus or Scylla serrata)
Class Gastropoda
Class Bivalvia (except Family Amusiidae)
Reptiles
All species of each of the following:
Family Cheloniidae
Family Dermochelyidae
Family Laticaudidae
Family Hydrophiidae
Family Acrochordidae
Mammals
All species of each of the following:
Order Mysticeti
Order Odontoceti
Order Sirenia
PART II—PLANTS
All species of marine plant
PART III—MARINE PRODUCTS
sea shells
coral limestone
shell-grit
star sand
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SCHEDULE 2 Regulation 16
COMMONWEALTH OF AUSTRALIA
IDENTITY CARD
The
person whose name, signature and photograph appear below is an inspector under
the
| Photograph |
Dated this day of 19 .
(
Great Barrier Reef Marine Park Authority
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