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, hereby make the following Regulations under
the
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
(a) by omitting from subregulation (1) the definition of “prescribed activity” and substituting the following definition:
“
‘prescribed activity’ means an activity in the unzoned area that is an activity referred to in paragraph 38f (1) (a), (b), (c), (d), (e), (f), (g) or (h) of the Act;”;
(S.R. 421/89)–Cat. No. 14/6.12.1989
(b) by omitting from subregulation (1) the definition of “relevant permission” and substituting the following definition:
“
‘relevant permission’ means a permission required under a provision of a zoning plan with respect to the purposes for which a zone may be used or entered;”;(c) by omitting from subregulation (1) the definition of “unzoned area”.
“
“5. (1) A permission granted under regulation 11 or 13af is declared to be a permission to which section 38b of the Act applies.
“(2) For the purposes of subsection 38b (2) of the Act, the following circumstances are prescribed:
(a) in respect of conduct engaged in by a person during the period of 120 days after the day on which the zoning plan concerned comes into operation—circumstances in which the person engages in conduct of the same kind as conduct engaged in by the person before that zoning plan came into operation; and
(b) in respect of conduct engaged in by a person during the period of 120 days after the day on which an amendment of the zoning plan concerned comes into operation—circumstances in which the person engages in conduct of the same kind as conduct engaged in by the person before the amendment of that zoning plan came into operation; and
(c) in respect of conduct engaged in by a person after the end of the period referred to in paragraph (a) or (b) where the person applied during that period for a permission of a kind referred to in subregulation (1), being conduct engaged in before the application is granted, refused or withdrawn or lapses under subregulation 10 (2) or 13ae (2) or regulation 32—circumstances in which:
(i) the person engages in conduct of the same kind as conduct engaged in by the person before the person applied for the permission; and
(ii) the person applied in accordance with these Regulations for the permission; and
(iii) the person complies with any requirement or request made by the Authority under the Act, these Regulations or a zoning plan in relation to the application.
“5a. (1) Where a person notifies the Authority in accordance with section 38d of the Act that the person proposes to use or enter a zone, the Authority may give a direction to the person:
(a) that is in respect of the person’s use of, or entry to, the zone; and
(b) that is reasonably necessary for the protection or preservation of the Marine Park or property or things in the Marine Park; and
(c) that does not require the person to remove a structure, landing area, farming facility, vessel, aircraft or other thing that is in the Marine Park.
“(2) A direction given under subregulation (1) is declared to be a direction to which section 38e of the Act applies.”.
“(6) Where a provision of a zoning plan provides for the responsible agency to perform a function, the Authority has that function.”.
(a) by inserting in paragraph (1) (a) “authorising the person to carry on the activity” after “in writing”;
(b) by adding at the end the following subregulation:“(4) A permission granted under subregulation (1) is declared to be a permission to which section 38f of the Act applies.”.
(a) by omitting subregulation (2) and substituting the following subregulations:“(2) Where after 31 December 1989:
(a) a person causes to be in, or partly in, the Marine Park any property being a structure, landing area, farming facility, vessel, aircraft or other thing; and
(b) the person has not been granted a relevant permission or a permission under subregulation 13f (1) in relation to that property;
the Authority may order the person to remove that property from the Park.
“(2a) An order under subregulation (1) or (2) is declared to be an order to which section 38h of the Act applies.”:
(b) by omitting from the definition of “prescribed property” in subregulation (3) “or vessel” and substituting “, vessel or aircraft”.
(a) by inserting in subregulation (1) “made under regulation 15a” after “an application”;
(b) by omitting from subregulation (1) “under regulation 15”.
(a) by inserting in subregulation (1) “made under regulation 15a” after “an application”;
(b) by omitting from subregulation (1) “under regulation 15”.
(a) by inserting in subregulation (1) “made under regulation 15a” after “an application”;
(b) by omitting from subregulation (1) “under regulation 15”;
(c) by inserting in paragraph (1) (a) “authorising the discharge of waste” after “in writing”;
(d) by adding at the end the following subregulation:
“(4) A permission granted under subregulation (1) is declared to be a permission to which section 38j of the Act applies.”.
1.
Notified in the
2. Statutory Rules 1983 No. 262 as amended by 1985 No. 169; 1986 No. 1; 1987 No. 247; 1988 No. 185; 1989 No. 269.
Printed by Authority by the Commonwealth Government Printer
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