Great Barrier Reef Marine Park Regulations (Amendment) (Cth)
__________________
I, The Governor-General of the Commonwealth of Australia, acting with the advice of the
Federal Executive Council make the following Regulations under the
Dated 27 July 1993.
BILL HAYDEN
Governor-General
By His Excellency’s Command,
R. KELLY
Minister for the Environment, Sport and Territories
____________
1.1 The Great Barrier Reef Marine Park Regulations are amended as set out in these Regulations.
These
Regulations commence on gazettal: see
2.1 After regulation 4, insert:
For the purposes of paragraph (b) of the definition of pilot in subsection 3 (1) of the Act, the following laws are prescribed:
(a)
Navigation Act 1912 ;(b)
Queensland Marine Act of 1958 of Queensland.”.
3.1 Add at the end:
“
4.1 Paragraph 6 (1) (a):
Omit “Schedule 1, other than an animal, or an animal of a species, that is excepted in that part,”, substitute “Schedule 1”.
5.1 Subregulation 7 (5):
Omit the subregulation, substitute:
In considering an application, the Authority must have regard to, at least:
(a) the matters that, under the relevant zoning plan, the Authority must have regard to; and
(b) any charge payable by the applicant in relation to a chargeable permission (whether or not in force) that is overdue for payment; and
(c) if the application relates to an undeveloped project, the cost of which will be large—the capacity of the applicant to satisfactorily develop the project.”.
6.1 Paragraph 11 (1A) (b):
Omit the paragraph, substitute:
“(b) conditions indemnifying the Authority in respect of costs to the Authority that the permission holder’s activities might incur; and
(c) conditions appropriate to the attainment of the object of the Act.”.
7.1 Add at the end:
“
8.1 Paragraph 13AB (1) (a):
Omit “Schedule 1B, other than an animal, or an animal of a species, that is excepted in that Part,”, substitute “Schedule 1”.
8.2 Subregulation 13AB (2):
Omit the subregulation, substitute:
For the purposes of the definition of “limited collecting” contained in a zoning plan, the following limitations on the collection of shells, fish and invertebrates in the Marine Park are declared:
(a) collecting may be carried out only by hand or by the use of a hand-held implement;
(b) not more than 5 shells, fish or invertebrates of any one species (except a species listed in Part 4 of Schedule 1) are to be collected, or held in possession, in any period of 28 days;
(c) an invertebrate of a species listed in Part 4 of Schedule 1 is not to be collected with the aid of any underwater breathing apparatus except a snorkel;
(d) an organism included in Schedule 1B is not to be collected, except by a traditional inhabitant, within the meaning of the zoning plan, for his or her own use.”.
8.3 Subregulation 13AB (3):
Omit “Schedule 1D.”, substitute “Schedule 1C.”.
9.1 Subregulation 13AC (4):
Add at the end:
“; and (k) any charge payable by the applicant in relation to a chargeable permission (whether or not in force) that is overdue for payment; and
(l) if the application relates to an undeveloped project, the cost of which will be large—the capacity of the applicant to satisfactorily develop the project.”.
10.1 After regulation 13AC, insert:
(1) A person must not carry on a business on Low Island except a business that involves activities of a kind specified in subregulation (2).
For the purpose of subregulation (1), the following kinds of activity are specified:
(a) selling materials or services of an educational nature that relate to the Marine Park;
(b) providing guided tours of the island.”.
11.1 Paragraph 13AF (2) (b):
Omit the paragraph, substitute:
“(b) conditions indemnifying the Authority in respect of costs to the Authority that the permission holder’s activities might incur; and
(c) conditions appropriate to the attainment of the object of the Act.”.
12.1 Add at the end:
“; and (m) any charge payable by the applicant in relation to a chargeable permission (whether or not in force) that is overdue for payment; and
(n) if the application relates to an undeveloped project, the cost of which will be large—the capacity of the applicant to satisfactorily develop the project.”.
13.1 Paragraph 13F (1) (a):
Omit all the words after “specified”, substitute “in the permission, being:
(i) conditions indemnifying the Authority in respect of costs to the Authority that the permission holder’s activities might incur; and
(ii) conditions appropriate to the attainment of the object of the Act; or”.
14.1 Omit the regulation, substitute:
(1) The Authority may order the responsible person, in relation to property of a kind described in paragraph 38H (b) of the Act that is in the Marine Park, to remove the property from the Marine Park within a reasonable time specified in the order if:
(a) there is not in force, or is no longer in force, a relevant permission or a permission under regulation 13F granted for an activity that involves that property; or
(b) the property is abandoned, sunk or wrecked.
An order must be in writing and served on the responsible person personally or by pre-paid mail.
If the Authority cannot identify the
responsible person, within a time that is reasonable in the circumstances, the
Authority may publish a notice in accordance with subregulation (4) in the
The notice must:
(a) describe the property; and
(b) identify, as appropriate:
(i) the place where the property is located (as accurately as is practicable); or
(ii) the person from whom the property can be recovered; and
(c) order the responsible person to remove the property from the Marine Park within a reasonable time specified in the order; and
(d) state that, if the property is not removed from the Marine Park within the time specified in the order, the Minister may remove the property under section 61A of the Act.
An order under this regulation is declared to be an order to which section 38H of the Act applies.
In this regulation:
(a) if a relevant permission or a permission under regulation 13F has been granted for an activity that involves that property—the person who last held the permission or a permission of that kind; or
(b) the owner of the property; or
(c) the person who has control of the property; or
(d) the person who caused the property to be in the Marine Park;
as the Authority determines the case to be.”.
15.1 Subregulation 14 (1):
Omit the subregulation, substitute:
A person must not take, or have in his or her possession, except in accordance with the written permission of the Authority a fish of a species listed in Schedule 2 that is more than 1200 millimetres in length.
Penalty: 10 penalty units.”.
16.1 After regulation 14, insert:
“14A. (1) Except as provided in subregulation (2), a tender commercial fishing vessel that is in:
(a) the zone described by the zoning plan for the Cairns Section as the ‘National Park Zone’; or
(b) a zone described in a zoning plan as a ‘Marine National Park ‘B’ zone’;
primary commercial fishing vessel in association with which it is licensed for use.
10 penalty units.
Subregulation (1) does not apply to a tender commercial fishing vessel:
(a) while the vessel is engaged in :
(i) the rescue, or attempted rescue, of an endangered person; or
(ii) the provision of assistance to an endangered aircraft, vessel or other structure to prevent or mitigate environmental or operational damage occurring to the aircraft, vessel or structure; or
(iii) the conveyance of a person to or from land or to or from the primary commercial fishing vessel; or
(iv) the supply or re-supply of provisions or materials to the primary commercial fishing vessel; or
(b) that is in the region of Five Beach Bay at Magnetic Island.
In this regulation,
17.1 After regulation 17, insert:
A person must not remove, misuse or damage a mooring installed in the Marine Park by the Authority, except with reasonable excuse.
10 penalty units.”.
18.1 After regulation 19D, insert:
(1) A permission that is a chargeable permission may be transferred by the permission holder to another person if the Authority approves the transfer.
Application for approval by the Authority must be:
(a) in a form approved by the Authority;
(b) signed by the proposed transferor and the proposed transferee; and
(c) lodged with the Authority at least 28 days before the day on which transfer is intended to occur.
In considering an application for approval, the Authority must have regard to:
(a) any charge payable by the proposed transferee in relation to a chargeable permission (whether or not in force) that is overdue for payment; and
(b) if the application relates to an undeveloped project, the cost of which will be large—the capacity of the proposed transferee to satisfactorily develop the project.
Within 28 days of receiving an application, the Authority must:
(a) approve the proposed transfer; or
(b) if the Authority does not approve the proposed transfer—give to the applicant written notice of refusal to approve the transfer, together with a statement of the reasons for the refusal.
The Authority’s approval may be given subject to:
(a) conditions indemnifying the Authority in respect of costs to the Authority that the proposed transferee’s activities as permission holder might incur; and
(b) conditions appropriate to the attainment of the object of the Act.”.
19.1 Subregulations 20 (5) and (6):
Omit the subregulations, substitute:
An action taken by the Authority under subregulation (1) or (1A) in relation to a permission ceases to apply at the end of 28 days after the day on which the action was taken.
In this regulation, ‘
20.1 After regulation 20, insert:
“20A. (1) If a relevant permission, a permission to carry on a prescribed activity in an unzoned area or a permission granted under regulation 15D, has been granted to a person subject to conditions, and it appears to the Authority that:
(a) the person has failed to comply with a condition; and
(b) the failure to comply is continuing;
the Authority may suspend the permission, vary the conditions or impose additional conditions on the permission until the Authority is satisfied that the permission holder is complying with the condition.
After the Authority suspends a permission or varies or imposes a condition under subregulation (1), it must notify the permission holder as soon as is practicable.
If the Authority suspends a permission or varies or imposes a condition under subregulation (1), it must investigate the matter in respect of which that action was taken.
If after an investigation under subregulation (3), the Authority has not found any grounds for the action taken, it must remove the suspension or withdraw the variation or additional condition, as the case may be.
In this regulation, ‘
“20B
21.1 Subregulation 21(1):
Omit the subregulation, substitute:
“(1)If a permission holder fails to comply with a condition subject to which the relevant permission, permission to carry on a prescribed activity in the unzoned area or permission under regulation 15D has been granted (or approved for transfer) to the holder, the Authority may:
(a) revoke the permission; or
(b) vary the permission by imposing a limitation on its exercise by the holder.”.
21.2 After subregulation 21 (1A), insert:
If the holder of a permission referred to in subregulation (1) does not begin to carry on the permitted activity within 120 days after the date on which the permission was granted or transferred under these Regulations to the holder, the Authority may revoke the permission.
A permission that is a chargeable permission may be revoked by the Authority if, at the end of 60 days after the permission has been suspended under regulation 20B, charge remains unpaid.”.
21.3 Subregulation 21 (2):
Omit the subregulation, substitute:
If the Authority has revoked a permission under subregulation (1), (1A), (1B) or (1C) it must give the permission holder written notification of the fact as soon as practicable.”.
22.1 Omit “$500.”, substitute “$750.”.
23.1 Subregulation 34 (1) (definition of “tourist program”):
Omit the definition.
23.2 Subregulation 34 (1) (definition of “transfer passenger”):
Omit the definition, substitute:
“
(a) is transported into the Marine Park and disembarked at a place contiguous to, the Marine Park by a person who holds a permission for a tourist program; and
(b) is transported by the most direct reasonable route; and
(c) does not:
(i) during the course of travel in the Marine Park—engage in any tourist activity provided by the permission holder; and
(ii) at the disembarkation destination, for at least 2 hours after disembarkation—engage in any tourist activity provided by the permission holder under that permission;”.
23.3 Subregulation 34 (1):
Insert:
“
(a) has designed sleeping accommodation for persons who are not:
(i) crew; or
(ii) persons employed on the vessel for the purpose of the maintenance of the vessel or the provision of services; and
(b) is supplied with visitors by other vessels or by aircraft;
(a) has the same meaning as it has in subsection 3A (3) of the Act; and
(b) includes the construction, maintenance or operation of a building or other facility (or its removal or demolition) in the Marine Park, for a purpose of the tourist program;”.
23.4 Subregulation 34 (1):
Add at the end:
(a) a tourist; and
(b) any other person who is provided a service in the Marine Park under a tourist program;”.
23.5 Subparagraph 34 (2) (e) (i):
Omit “geometic”, substitute “geometric”.
23.6 Subparagraph 34 (3) (e) (i):
Omit “geometic”, substitute “geometric”.
24.1 Subregulation 35 (1):
Omit “regulation 11 or 13AF”, substitute “these Regulations”
24.2 Paragraph 35 (1) (b):
Add at the end:
“or (iii) the construction or maintenance of a facility;”.
25.1 Omit the regulation, substitute:
A reference in this Part to a visitor in respect of whom charge is payable by a permission holder is taken not to be a reference to:
(a) a transfer passenger; or
(b) a person of one of the following kinds, in respect of whom the permission holder is not paid a fee that relates to the permission:
(i) a child aged less than 4 years;
(ii) a person visiting the Marine Park as a beneficiary of a charity registered under a law of the Commonwealth, a State or a Territory;
(iii) a member of a school supervised school group;
(iv) a person engaged in the tourism industry who is visiting the Marine Park for trade familiarisation or who is accompanying visitors to the Marine Park as driver, guide, instructor, or for a similar reason;
(v) a person engaged in the newspaper, broadcasting or other information media who is visiting the Marine Park for the purpose of reporting on a matter in the Marine Park.”.
26.1 Subregulation 37 (1):
Omit “tourist charge”, substitute “tourist program charge”.
26.2 Paragraphs 37 (1) (a) and (b):
Omit the paragraphs, substitute:
“(a) each visitor who takes part in the program (except a visitor referred to in subregulation (2A)); and
(b) each day, and part of a day, on which the visitor takes part in the program;”.
26.3 Subregulation 37 (2):
Omit the subregulation, substitute:
For the purposes of subregulation (1), a visitor takes part in the program if the visitor participates (wholly or partly) in the excursions or activities provided in the Marine Park by the permission holder.
Subregulation (1) does not apply in respect of a visitor who, while in the Marine Park, does not participate in any part of the permission holder’s tourist program except:
(a) to use any of the non-motorised beach equipment for which the operator is liable to pay charge under regulation 38; or
(b) to use a dinghy for which the operator is liable to pay charge under regulation 39; or
(c) to use any of the motorised water sports equipment for which the operator is liable to pay charge under regulation 40.”.
27.1 Subregulation 38 (1):
Omit “who does not hold a permission for any other kind of tourist program,”.
27.2 Subregulation 38 (2):
After “holds 2”, insert “or more”.
28.1 Subregulation 39 (1):
Omit “who does not hold a permission for any other kind of tourist program,”.
28.2 After subregulation 39 (1), insert:
If:
(a) the permission holder holds 2 or more permissions of the kind referred to in paragraph (1) (b) and exercises those permissions at the same location; and
(b) the total number of dinghies so permitted to be hired is 5 or more;
charge is payable as if those permissions were one permission of the kind referred to in paragraph (1) (a).”.
28.3 Subregulation 39 (2):
Omit the subregulation, substitute:
For the purposes of subregulation (1),
(a) means a small open boat having no designed sleeping accommodation; and
(b) does not include a boat of the kind commonly known as a half-cabin boat.”.
29.1 Subregulation 38 (1):
Omit “who does not hold a permission for any other kind of tourist program,”.
30.1 Subregulation 41 (1):
Omit “tourists”, substitute “visitors”.
30.2 Subregulation 41 (2):
Omit “tourist” (wherever occurring), substitute “visitor”.
30.3 Subparagraph 41 (2) (b) (i):
Omit “tourist’s”, substitute “visitor’s”.
31.1 Subregulation 42 (1):
Omit “sight-seeing, who does not hold a permission for any other kind of tourist program,”, substitute “sight-seeing”.
31.2 Subregulation 42 (1):
Omit “tourists”, substitute “visitors”.
31.3 Subregulation 42 (2):
Omit “tourist” (wherever occurring), substitute “visitor”.
31.4 Subparagraph 42 (2) (b) (i):
Omit “tourist’s”, substitute “visitor’s”.
32.1 Subparagraph 43 (1) (b) (ii):
Omit “tourist” (twice occurring), substitute “visitor”.
32.2 Subregulation 43 (2):
Omit “tourist” (wherever occurring), substitute “visitor”.
32.3 Subparagraph 43 (2) (b) (i):
Omit “tourist’s”, substitute “visitor’s”.
33.1 Paragraph 44 (1) (b):
Omit “tourist”, substitute “visitor”.
33.2 After subregulation 44 (1), insert:
For the purpose of this regulation, a vessel is a floating hotel only if, for at least 60 days in the quarter in respect of which charge is payable, it is moored:
(i) at one place; or
(ii) not further than 20 nautical miles from any other place in the Marine Park at which it has been moored.”.
34.1 Subregulation 45 (1):
Omit the subregulation, substitute:
(1) The charge payable by the holder of a permission for the construction of a marina is $190.00 per quarter.
The charge payable by the holder of a permission for the operation of a marina is the greater of:
(a) $190.00 per quarter; or
(b) $1.00 for each visiting vessel (except a vessel operated by the permission holder) that is berthed at the marina for each night in the quarter that it is so berthed.”.
35.1 Paragraph 46 (1) (b):
Omit “tourist”, substitute “visitor”.
35.2 Paragraph 46 (1) (b):
Omit “tourists”, substitute “visitors”.
35.3 Subregulation 46 (2):
Omit “tourist” (wherever occurring), substitute “visitor”.
35.4 Subparagraph 46 (2) (b) (i):
Omit “tourist’s”, substitute “visitor’s”.
36.1 Subregulation 47 (1):
Omit “each tourist”, substitute “each person”.
36.2 Subregulation 47 (2):
Omit “tourist” (twice occurring), substitute “visitor”.
36.3 Paragraph 47 (2) (a):
Omit “tourist’s”, substitute “visitor’s”.
37.1 Subparagraph 48 (1) (b) (ii):
Omit “concentration of nitrogen, expressed as milligrams per litre,”, substitute “concentration, expressed as milligrams per litre, of all forms of nitrogen”.
37.2 Subparagraph 48 (1) (b) (ii):
Omit “concentration of phosphorus, expressed as milligrams per litre,”, substitute “concentration, expressed as milligrams per litre, of all forms of phosphorus”.
38.1 Subregulation 49 (1):
Omit “for the chartering”, substitute “to provide charter”.
39.1 Paragraph 50 (1) (a):
After “regulation”, insert “37”.
40.1 After regulation 51, insert:
(1) If a chargeable permission ceases to be in force, charge is payable, before the end of 30 days after the day on which the permission so ceases, in respect of the exercise of the permission since the end of the preceding quarter and up to the end of the day of the cessation.
For the purpose of subregulation (1), a permission to which subregulation 19D (1) applies is taken not to have ceased to be in force unless, and until, the application referred to in that subsection lapses under subregulation 10 (2), 13AE (2) or 13E (2) or regulation 32 or is refused.
If a holder’s interest in a chargeable permission is transferred to another person, charge is payable, on the day on which the transfer occurs, in respect of the exercise of the permission since the end of the preceding quarter and up to the end of the day of transfer.
For the purpose of subregulation (3), charge payable in respect of the day on which transfer occurs is taken to be an amount equal to the average charge payable in respect of each other day in the period referred to in that subregulation.
Charge calculated under this Part to be payable by a permission holder is reduced by an amount equal to the amount of any payment of charge previously made by the holder that is determined by the Authority to exceed the amount of charge properly payable by the holder.”.
41.1 Paragraph 52 (2) (b):
Omit all the words before “access”, substitute:
“(b) if the holder’s permission allows the visiting of more than 5 different locations in the Marine Park (for a purpose other than the delivery of transfer passengers),”.
41.2 Subregulation 52 (2):
Add at the end:
“; or (c) in any other place approved by the Authority.”.
42.1 Omit the schedules, substitute:
Subregulations 6 (1), 3AB (1)
and 13AB(2)
DECLARED ANIMALS, PLANTS AND MARINE PRODUCTS—COLLECTING
PART 1—ANIMALS
Phylum or subphylum | Class | Family | Genus; or specie; or species in taxon | Common name (some examples only) |
Sarcomastigophora | Granuloreticulosa | All species of Order Foraminiferida | forams | |
Porifera | All species of Phylum Porifera | sponges | ||
Cnidaria (Coelenterata) | All species of Phylum Cnidaria | hydroids, jellyfish, sea anemones and corals | ||
Annelida | All species of Phylum Annelida | worms and fan worms | ||
Bryozoa | All species of Phylum Bryozoa | lace coral and bryozoans | ||
Mollusca | Gastropoda | Gastropoda | snails, sea slugs and nudibranchs | |
Bivalvia | All species of Class Bivalvia | scallops. oysters and clams |
Phylum or subphylum | Class | Family | Genus; or specie; or species in taxon | Common name (some examples only) |
Cephalopoda | Nautilidae | All species of Genus | ||
Crustacea | All species of Sub-phylum Crustacea | and lobsters | ||
Echinodermata | All species of Phylum Echinodermata | sea stars, brittle stars, basket stars, sea urchins, sea cucumbers and crinoids | ||
Chordata | Pisces | Chaetodontidae | All species of Family Chaetodontidae | butterflyfish, coralfish and bannerfishes |
Pomacentridae | All species of Family Pomacentridae | damsel fish, angelfish, sergeant-majors, anemonefish, clown fish, pullers, humbugs and demoiselles | ||
Holocentridae | All species of Family Holocentridae | squirrel fish and soldier fish | ||
Syngnathidae | All species of Family Syngnathidae | and seahorses | ||
Blenniidae | All species of Family Blenniidae | blennies, coral blennies and hairtailed blennies | ||
Clinidae | All species of Family Clinidae | scaled blennies, armoured blennies and weedfish |
Phylum or subphylum | Class | Family | Genus; or specie; or species in taxon | Common name (some examples only) |
Gobiidae | All species of Family Gobiidae | gobies, gudgeons, sleepers, mud-hoppers and mudskippers | ||
Acanthuridae | All species of Family Acanthuridae | surgeon fish, tangs and moorish idols | ||
Ostraciontidae | All species of Family Ostraciontidae | box fish | ||
Apogonidae | All species of Family Apogonidae | cardinal fish and siphon fish | ||
Scorpaenidae | All species of Genus | firefish and scorpionfish | ||
All species of Genus | butterfly scorpionfish and lionfish | |||
Cirrhitidae | All species of Genus | hawkfish and curlyfins | ||
All species of Genus | hawkfish | |||
Labridae | All species of Genus | tuskfish | ||
All species of Genus | south seas wrasse and elegant wrasse | |||
All species of Genus | sling-jaw wrasse | |||
All species of Genus | bird wrasse, perroquet and club-nose wrasse |
Phylum or subphylum | Class | Family | Genus; or specie; or species in taxon | Common name (some examples only) |
All species of Genus | bicolor cleaner wrasse and blue streak | |||
All species of Genus | red-flecked wrasse and reticulated wrasse | |||
All species of Genus | banda wrasse and rainbow-fish | |||
All species of Genus | moon wrasse | |||
Siganidae | fox-face and black-face rabbitfish | |||
Reptilia | Cheloniidae | All species of Family Cheloniidae | marine turtles | |
Dermochelyidae | All species of Family Dermochelyidae | marine turtles | ||
Laticaudidae | All species of Family Laticaudidae | sea snakes | ||
Hydrophiidae | All species of Family Hydrophiidae | sea snakes | ||
Acrochordidae | All species of Family Acrochordidae | sea snakes | ||
Crocodyllidae | All species of Family Crocodyllidae | Crocodiles | ||
Mammalia | All species of Sub-order Mysticeti | baleen whales | ||
All species of Sub-order Odontceti | toothed whales and dolphins | |||
dugongs |
PART 2—PLANTS
| All species of plant |
PRODUCTS
| sea shells coral limestone coral sand shell-grit star sand |
PART 4—INVERTEBRATES NOT LIMITED BY NUMBER
Phylum or Sub-phylum | Class | Specie; or species in taxon | Common name (some examples only) |
Annelida | Polychaeta | All species of Class Polychaeta | marine worms, fan worms and christmas tree worms |
Mollusca | Bivalvia | All species of Family Amusiidae | saucer scallops |
All species of Family Ostreidae | oysters | ||
pipis | |||
Crustacea | All specis in the following taxa: | ||
Family Palinuridae | tropical rock lobsters | ||
Family Penaeidae | commercial prawns | ||
Family Scyllaridae | shover-nosed lobsters | ||
Section Brachyura | true crabs, sand crabs, mud crabs | ||
Genus Upogebia | burrowing shrimps, mud shrimps | ||
Genus Callianassa | burrowing shrimps, mud shrimps |
_________
Subregulation 6(2)
DECLARED ANIMALS—FISHING (FAR NORTHERN SECTION)
Phylum or subphylum | Class | Family | Genus; or specie; or species in taxon | Common name (some examples only) |
Sarcomastigophora | Granuloreticulosa | All species of Order Foraminiferida | forams | |
Porifera | All species of Phylum Porifera | sponges | ||
Cnidaria (Coelenterata) | All species of Phylum Cnidaria | hydroids, jellyfish, sea anemones and corals | ||
Annelida | All species of Phylum Annelida | worms, fan worms | ||
Bryozoa | All species of Phylum Bryozoa | lace coral, bryozoans | ||
Mollusca | Gastropoda | Gastropoda | snails, sea slugs, nudibranchs | |
Bivalvia | All species of Class Bivalvia except Family Amusiidae | scallops. oysters, clams except saucer scallops | ||
Cephalopoda | Nautilidae | All species of Genus |
Phylum or subphylum | Class | Family | Genus; or specie; or species in taxon | Common name (some examples only) |
Crustacea | All species of Sub-phylum
Crustacea except Families Palinuridae, Penaeidae, Scyllaridae and species | shrimps, prawns, crabs, lobsters except tropical rock lobsters, commercial prawns, shovel-nosed lobsters, blood-spotted sand crabs and males of sand crabs and mud crabs. | ||
Echinodermata | All species of Phylum Echinodermata | sea stars, brittle stars, basket stars, sea urchins, sea cucumbers and crinoids | ||
Chordata | Pisces | Chaetodontidae | All species of Family Chaetodontidae | butterflyfish, coralfish, bannerfishes |
Pomacentridae | All species of Family Pomacentridae | damsel fish, angelfish, sergeant-majors, anemonefish, clown fish, pullers, humbugs, demoiselles | ||
Holocentridae | All species of Family Holocentridae | squirrel fish, soldier fish | ||
Syngnathidae | All species of Family Syngnathidae | pipe fish, seahorses |
Phylum or subphylum | Class | Family | Genus; or specie; or species in taxon | Common name (some examples only) |
Blenniidae | All species of Family Blenniidae | blennies, coral blennies, hair-tailed blennies | ||
Clinidae | All species of Family Clinidae | scaled blennies, armoured blennies, weedfish | ||
Gobiidae | All species of Family Gobiidae | gobies, gudgeons, sleepers, mud-hoppers, mud-skippers | ||
Acanthuridae | All species of Family Acanthuridae | surgeon fish, tangs, moorish idols | ||
Ostraciontidae | All species of Family Ostraciontidae | box fish | ||
Apogonidae | All species of Family Apogonidae | cardinal fish, siphon fish | ||
Scorpaenidae | All species of Genus | firefish, scorpionfish | ||
All species of Genus | butterfly scorpionfish, lionfish | |||
Cirrhitidae | All species of Genus | hawkfish, curlyfins | ||
All species of Genus | hawkfish | |||
Labridae | All species of Genus | tuskfish | ||
All species of Genus | south seas wrasse, elegant wrasse | |||
All species of Genus | sling-jaw wrasse |
Phylum or subphylum | Class | Family | Genus; or specie; or species in taxon | Common name (some examples only) |
All species of Genus | bird wrasse, perroquet, club-nose wrasse | |||
All species of Genus | bicolor cleaner wrasse, blue streak | |||
All species of Genus | red-flecked wrasse, reticulated wrasse | |||
All species of Genus | banda wrasse, rainbowfish | |||
All species of Genus | moon wrasse | |||
Siganidae | fox-face, black-face rabbitfish | |||
Reptilia | Cheloniidae | All species of Family Cheloniidae | marine turtles | |
Dermochelyidae | All species of Family Dermochelyidae | marine turtles | ||
Laticaudidae | All species of Family Laticaudidae | sea snakes | ||
Hydrophiidae | All species of Family Hydrophiidae | sea snakes | ||
Acrochordidae | All species of Family Acrochordidae | sea snakes | ||
Crocodyllidae | All species of Family Crocodyllidae | Crocodiles | ||
Mammalia | All species of Sub-order Mysticeti | baleen whales | ||
All species of Sub-order Odontceti | toothed whales, dolphins | |||
dugongs |
Paragraph 13AB (2) (d)
DECLARED LIMITATIONS—LIMITED COLLECTING (PROTECTED ORGANISMS)
Phylum or Sub-phylum | Class | Species | Common Name (some examples only) |
Cnidaria (Coelenterata) | Anthozoa | All species of the Class Anthozoa except species in Order Actiniaria | corals, sea fans gorgonians except sea anemones |
Molusca | Gastropoda | Helmet shell | |
Trumpet Shell | |||
Bivalvia | All species in the following taxon: Family Tridacnidae | Giant Clams |
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Subregulation 13AB(3)
FISH OTHER THAN DECLARED FISH—FISHING (CAIRNS SECTION, CENTRAL SECTION AND MACKAY/CAPRICORN SECTION)
PART 1—MOLLUSCS AND CRUSTACEANS
Sub-phylum or Class | Genus; or specie; or species in taxon | Common name (some examples only) |
| Gastropoda | All species of Class Gastropoda | snails, sea slugs and nudibranchs |
Bivalvia | All species in Class
Bivalvia (except Families Amusiidae, Ostreidae) and species | scallops, clams (except saucer scallops, oysters and pipis) |
Sub-phylum or Class | Genus; or specie; or species in taxon | Common name (some examples only) |
Cephalopoda | All species of Genus | Nautilus |
Crustacea | All species in Sub-phylum
Crustacea (except Families Palinuridae, Penaeidae, Scyllaridae, Section
Brachyura )and Genera | shrimps, prawns, crabs, lobsters (except tropical rock lobsters, commercial prawns, shovel-nosed lobsters, sand crabs, mud crabs, burrowing shrimps and mud shrimps) |
PART 2—FISH
Family | Genus; or specie; or species in taxon | Common name (some examples only) |
| Chaetodontidae | All species of Family Chaetodontidae | butterflyfish, coralfish and bannerfishes |
Pomacentridae | All species of Family Pomacentridae | damsel fish, angelfish, sergeant-majors, anemonefish, clown fish, pullers, humbugs and demoiselles |
Holocentridae | All species of Family Holocentridae | squirrel fish and soldier fish |
Syngnathidae | All species of Family Syngnathidae | pipefish and seahorses |
Blenniidae | All species of Family Blenniidae | blennies, coral blennies, hair-tailed blennies |
Family | Genus; or specie; or species in taxon | Common name (some examples only) |
Clinidae | All species of Family Clinidae | scaled blennies, armoured blennies, weedfish |
Gobiidae | All species of Family Gobiidae | gobies, gudgeons, sleepers, mud-hoppers, mud-skippers |
Acanthuridae | All species of Family Acanthuridae | surgeon fish, tangs, moorish idols |
Ostraciontidae | All species of Family Ostraciontidae | box fish |
Apogonidae | All species of Family Apogonidae | cardinal fish, siphon fish |
Scorpaenidae | All species of Genus | firefish, scorpionfish |
All species of Genus | butterfly scorpionfish, lionfish | |
Cirrhitidae | All species of Genus | hawkfish, curlyfins |
All species of Genus | hawkfish | |
Labridae | All species of Genus | tuskfish |
All species of Genus | south seas wrasse and elegant wrasse | |
All species of Genus | sling-jaw wrasse | |
All species of Genus | and club-nose wrasse | |
All species of Genus | bi-colour cleaner wrasse and blue streak |
Family | Genus; or specie; or species in taxon | Common name (some examples only) |
All species of Genus | red-flecked wrasse and reticulated wrasse | |
All species of Genus | banda wrasse and rainbowfish | |
All species of Genus | moon wrasse | |
Siganidae | fox-face and black-face rabbitfish |
_________
Regulation 14
PROTECTED FISH THAT ARE MORE THAN 1200 MILLIMETRES IN LENGTH
Epinephelus tukula (potato cod)
Epinephelus tauvina (estuary or greasy cod)
Promicrops lanceolatus (giant groper)
____________________________________________________________
1. Notified in the
Commonwealth of Australia Gazette on 30 July 1993.2. Statutory Rules 1983 No. 262 as amended by 1985 No. 169; 1986 No. 1; 1987 No. 242; 1988 No. 185; 1989 Nos. 269, 367 and 368; 1990 Nos. 9 and 35; 1991 Nos. 63, 257 and 296; 1992 No. 69; 1993 No. 188.
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