Great Barrier Reef Marine Park Regulations (Amendment) (Cth)

Statutory Rules 1989 No. 3681

Great Barrier Reef Marine Park Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Great Barrier Reef Marine Park Act 1975.

Dated 14 December 1989.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

Graham Richardson

Minister of State for the Arts, Sport,

the Environment, Tourism and Territories

Commencement

1. These Regulations commence on 1 January 1990.

Principal Regulations

2. In these Regulations, “Principal Regulations” means the Great Barrier Reef Marine Park Regulations.

Permission deemed to remain in force

3. Regulation 19d of the Principal Regulations is amended by inserting in subregulation (1) “lapses under subregulation 10 (2), 13ae (2), 13e (2) or regulation 32 or” after “until the application”.

Reconsideration and review of decisions of Authority

4. Regulation 22 of the Principal Regulations is amended:

(a) by inserting after subregulation (2) the following subregulation:

(S.R. 384/89)—Cat. No. 14/1.12.1989

 

“(2a) A person affected by a decision made by the Authority to give a notice under subregulation 31 (1) or (3) requiring a person to pay a fee or an amount (not being a decision that under subsection 43 (6) of the Administrative Appeals Tribunal Act 1975 is deemed to be such a decision) may, if dissatisfied with the decision, by notice in writing given to the Authority within 21 days after the day on which the notice is given to the person, request the Authority to reconsider the decision.”;

(b) by omitting from subregulation (3) “the request” (first occurring) and substituting “a request under subregulation (2) or (2a)”;

(c) by omitting from subregulation (4) “the request” and substituting “a request under subregulation (2) or (2a)”;

(d) by adding at the end the following subregulations:

“(7) A notice under subregulation (5) of the decision of the Authority must:

(a) include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975,application may be made by the person to the Administrative Appeals Tribunal for the review of the decision; and

(b) except where subsection 28 (4) of that Act applies—include a statement to the effect that the person may request a statement under section 28 of that Act.

“(8) The validity of a decision of the Authority under subregulation (4) is not affected by failure to comply with subregulation (7).

“(9) Subregulations (1a) and (2) do not apply in relation to a decision referred to in subregulation (2a).”.

5. The Principal Regulations are amended by inserting after regulation 24 the following regulations and Part:

Paragraph 56 (a) of the Act: amount prescribed

“25. For the purposes of paragraph 56 (a) of the Act, the amount prescribed is $150,000.

Assessment of impact of activities in the Marine Park

“26. The Authority must not grant under these Regulations a permission to enter or use, or carry on an activity in, the Marine Park unless the Authority has made an assessment, or had an assessment made, of the impact the entry, use or activity is likely to have on the Marine Park and the Great Barrier Reef.

“PART V—FEES FOR APPLICATIONS FOR PERMISSION

Interpretation of this Part and Schedule 4

“27. (1) In this Part and Schedule 4, ‘permission’ means a permission to which section 38b, 38f or 38j of the Act or subregulation 13fa (3), 14 (1) or 21b (1) applies, excluding a permission that is required to carry on an activity in the Marine Park for any of the following purposes in accordance with a zoning plan:

(a) traditional fishing;

(b) traditional hunting and gathering;

(c) the taking, in accordance with a program approved by the Authority, of animals or plants which pose a threat to human life or safety, to marine or island ecosystems which are part of the Marine Park or to the use and amenity of an area of the Park or of adjacent areas.

“(2) In this Part and Schedule 4, a reference to an activity in the Marine Park includes a reference to entering or using the Park.

“(3) Where:

(a) a person has been granted permission to carry on an activity in an area in the Marine Park; and

(b) before the permission ceases to be in force the person makes another application for permission to continue to carry on the same activity in that area after the permission referred to in paragraph (a) ceases to be in force;

that other application is referred to in Column 4 in Schedule 4 as an application for continuation of a permission.

“(4) In subitems 2 (c) and (d) in Schedule 4, ‘public environment report’,in relation to an activity, means:

(a) a public environment report in accordance with the administrative procedures under the Environment Protection (Impact of Proposals) Act 1974 concerning the impact the activity is likely to have on the Marine Park or the Great Barrier Reef; or

(b) where the Authority is satisfied that a report referred to in paragraph (a) is not likely to be prepared—a document setting out the results of an assessment of the impact the activity is likely to have on the Marine Park or the Great Barrier Reef in connection with which the Authority is satisfied that it will be necessary for the Authority to undertake an investigation as extensive as would be necessary for the purposes of a report referred to in paragraph (a).

“(5) In subitems 2 (e) and (f) in Schedule 4, ‘environmental impact statement’,in relation to an activity, means:

(a) an environmental impact statement in accordance with the administrative procedures under the Environment Protection (Impact of Proposals) Act 1974 concerning the impact the activity is likely to have on the Marine Park or the Great Barrier Reef; or

(b) where the Authority is satisfied that a statement referred to in paragraph (a) is not likely to be prepared—a document setting out the results of an assessment of the impact the activity is likely to have on the Marine Park or the Great Barrier Reef in connection with which the Authority is satisfied that it will be necessary for the Authority to undertake an investigation as extensive as would be necessary for the purposes of a statement referred to in paragraph (a).

Fees

“28. (1) The Authority is to impose on a person who makes an application for permission to carry on an activity in the Marine Park for the purposes of tourism or for a purpose connected with tourism a fee for the application, in respect of the assessment under regulation 26 of the impact of the activity.

“(2) Subject to this Part, the fee for an application for permission is to be determined in accordance with Schedule 4.

“(3) Where an activity to which an application for permission relates is referred to in more than one subitem of item 1, 2 or 3 in Schedule 4, the fee is the higher or highest of the fees specified for any of those subitems.

Indexation of fees

“29. (1) The fee to be imposed for an application for permission made in a year after 1990 is an amount calculated in accordance with the formula:

where:

F is the fee for the application determined in accordance with Schedule 4; and

N is the All Groups Consumer Price Index number for Brisbane published by the Australian Statistician in respect of the latest financial year ending before the calendar year in which the application is made.

“(2) In calculating an amount in accordance with the formula, any part of the result that is less than $10 is to be ignored.

Waiver of fees

“30. The Authority is to waive payment of a fee that but for this regulation would be imposed for an application, in respect of the assessment under regulation 26 of the impact an activity, if only a minimal assessment is necessary.

Notices of fees payable

“31. (1) As soon as practicable after receiving an application from a person for permission, the Authority must give the person a notice:

(a) setting out the amount of the fee imposed for the application; and

(b) setting out the date on which the notice has been given; and

(c) requiring the person to pay within 21 days after that date:

(i) where the fee imposed is the fee referred to in item 1, subitem 2 (a), (b), (d) or (f) or item 3 in Schedule 4—the amount of that fee; or

(ii) where the fee imposed is the fee referred to in subitem 2 (c) or (e) in Schedule 4—an amount of $10,000 in part payment of that fee.

“(2) Where an application for permission is withdrawn not later than the expiry of the 21 days referred to in paragraph (1) (c):

(a) a fee is not to be imposed for the application: and

(b) the amount of any fee paid for the application is to be refunded.

“(3) Where:

(a) the fee for an application by a person for permission to carry on an activity in the Marine Park is the fee referred to in subitem 2 (c) or (e) in Schedule 4; and

(b) the person has paid $10,000 in part payment of that fee; and

(c) the public environment report or environmental impact statement relating to the activity is made available for public comment in draft or final form;

the Authority must give the person a notice:

(d) setting out the date on which the notice has been given; and

(e) requiring the person to pay within 21 days after that date the amount of the fee referred to in paragraph (a) that has not been paid.

“(4) Subject to subregulation (2), an amount paid for an application is not to be refunded if the application is withdrawn, or otherwise ceases to have effect, after the amount is paid.

Lapsing of applications

“32. An application for permission lapses where an amount referred to in paragraph 31 (1) (c) or 31 (3) (e) is not paid for the application within the 21 days referred to in that paragraph.”.

Schedule 4

6. The Principal Regulations are amended by adding at the end the following Schedule:

SCHEDULE 4 Regulations 27, 28, 29

and 31

FEES FOR APPLICATIONS FOR PERMISSION

Column 1	Column 2	Column 3	Column 4
Item No.	Activity in the Marine Park requiring permission	Fee for application for initial permission	Fee for application for continuation of permission
1	Activity that requires use of an aircraft or vessel having a maximum passenger capacity of:
(a) less than 25 passengers	$350	$350
(b) 25 to 50 passengers	$500	$400
(c) 51 to 100 passengers	$900	$550
(d) 101 to 151 passengers	$1,500	$800
(e) more than 150 passengers	$2,500	$1,000
2	(a) Activity that requires the use of a facility or structure in the Marine Park	$1,100	$1,100
(b) Activity that requires a public notice to be given under regulation 9, 13ad or 15b	$4,000	$1,500
(c) Activity in relation to which a public environment report is to be prepared	$20,000	$20,000
(d) Continuation of an activity in relation to which a public environment report was prepared—where another such report is not to be prepared in relation to that continuation	$2,500
(e) Activity in relation to which an environmental impact statement is to be prepared	$54,000	$54,000
(f) Continuation of an activity in relation to which an environmental impact statement was prepared—where another such statement is not to be prepared in relation to that continuation	$2,500
3	Activity not referred to in item 1 or 2	$350	$350

NOTES

1. Notified in the Commonwealth of Australia Gazette on 21 December 1989.

2. Statutory Rules 1983 No. 262 as amended by 1985 No. 169: 1986 No. 1; 1987 No. 247; 1988 No. 185: 1989 No. 269.

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