Great Barrier Reef Marine Park Regulations (Amendment) (Cth)
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I, The Governor-General of the Commonwealth of Australia, acting with the advice of the
Federal Executive Council and under section 4 of the
Dated 28 June 1993.
BILL HAYDEN
Governor-General
By His Excellency’s Command,
R. McMULLAN
Minister for the Arts and Administrative Services for
the Minister for Environment, Sport and Territories
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1 July 1993.
Regulations are amended as set out in these Regulations.
3.1 Omit the heading, substitute:
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4.1 After regulation 33, insert:
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(1) In this Part:
‘beach equipment’ includes:
(a) sailing boats (except boats that have an overall length of 6 metres or more); and
(b) windsurfing craft; and
(c) canoes and kayaks; and
(d) peddle craft;
‘preceding quarter’ means:
(a) in relation to April—the preceding period commencing on 1 January and ending on 31 March; and
(b) in relation to July—the preceding period commencing on 1 April and ending on 30 June; and
(c) in relation to October—the preceding period commencing on 1 July and ending on 30 September; and
(d) in relation to January—the preceding period commencing on 1 October and ending on 31 December;
(a) that the aircraft returns to, and disembarks passengers at, the place from which they embarked; and
(b) that the aircraft is not landed at any other place;
(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;
(a) is carried by the most direct reasonable route; and
(b) does not:
(i) during the course of travel in the Marine Park—engage in any tourist activities; or
(ii) at the disembarkation destination, for at least 2 hours after disembarkation—engage in a tourist program offered by the permission holder adjacent to that destination.
Sewage is taken to have received secondary treatment if the effluent discharge complies with the following standards:
(a) 5 day biochemical oxygen demand does not exceed 20 milligrams per litre;
(b) suspended solids do not exceed 30 milligrams per litre;
(c) pH value is between 6.0 and 8.5;
(d) dissolved oxygen is at least 2 milligrams per litre;
(e)
Escherichia coli bacteria organisms in at least 5 samples of the effluent, collected at intervals of not less than half an hour:
(i) have, in respect of all the samples, a geometic mean value that is not more than 200 colonies per 100 millilitres; and
(ii) number, in 80% of the samples,less than 1000 colonies per 100 millilitres.
Sewage is taken to have received tertiary treatment if the effluent discharge complies with the following standards:
(a) 5 day biochemical oxygen demand does not exceed 20 milligrams per litre;
(b) suspended solids do not exceed 30 milligrams per litre;
(c) pH value is between 6.0 and 8.5;
(d) dissolved oxygen is at least 2 milligrams per litre;
(e)
Escherichia coli bacteria organisms in at least 5 samples of the effluent, collected at intervals of not less than half an hour:
(i) have, in respect of all the samples, a geometic mean value that is not more than 200 colonies per 100 millilitres; and
(ii) number, in 80% of the samples, less than 1000 colonies per 100 millilitres;
(f) total nitrogen content is less than 4 milligrams per litre;
(g) total phosphorus content is less than 1 milligram per litre.
Sewage that fails to comply with subregulation (3) only in respect of paragraph (3) (f) or (g) is taken to have received tertiary treatment if not more than 5% of the annual volume of effluent generated is discharged into the Marine Park at a land-based outfall.
(1) For the purposes of the definition of ‘chargeable permission’ in subsection 3 (1) of the Act, a permission granted under regulation 11 or 13AF is a chargeable permission for the
purposes of the Act if it is a permission for any of the following kinds of activity:
(a) the operation of a tourist program;
(b) a commercial operation that primarily involves:
(i) the sale of goods or services from a vessel; or
(ii) vessel chartering for a purpose other than tourism;
(c) the operation of a land-based sewage outfall;
(d) the establishment or operation of farming facilities for the culture of pearls or clams.
(1) A reference in this Part to a tourist in respect of whom charge is payable is taken not to be a reference to:
(a) a transfer passenger; or
(b) a person of any of the following kinds:
(i) a child aged less than 4 years;
(ii) a member of a group visiting the Marine Park as beneficiaries 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 the purpose of trade familiarisation.
(1) The standard tourist charge payable by the holder of a permission for a tourist program is $1.00 in respect of:
(a) each tourist who takes part in the program; and
(b) each occasion on which the tourist takes part in the program;
during the period to which the charge relates.
For the purposes of subregulation (1):
(a) each day, and part of a day, that the tourist is in the Marine Park is taken to be an occasion on which the tourist takes part in the program; and
(b) if, on any day, the tourist participates in more than one excursion, activity or serial package of activities, provided in the Marine Park by the permission holder—each excursion, activity or package of activities is taken to be an occasion on which the tourist takes part in the program.
Charge is payable by the holder of the permission in April, July, October and January in respect of the exercise of the permission in the preceding quarter.
(1) The charge payable by the holder of a permission for the hiring of non-motorised beach equipment who does not hold a permission for any other kind of tourist program, is:
(a) if the permission allows the hire of no more than 5 pieces of equipment at any time during a quarter—$12.00 for the quarter; or
(b) if the permission allows the hire of more than 5 pieces of equipment at any time during a quarter—$25.00 for the quarter.
If the permission holder holds 2 permissions of the kind referred to in paragraph (1) (a) and exercises those permissions at the same location, charge is payable as if those permissions were one permission of the kind referred to in paragraph (1) (b).
Charge is payable by the holder of the permission in April, July, October and January in respect of the exercise of the permission in the preceding quarter.
(1) The charge payable by the holder of a permission for the hiring of dinghies who does not hold a permission for any other kind of tourist program, is:
(a) for each dinghy that the permission allows to be hired—$12.00 per quarter; or
(b) if the permission allows the hire of no more than 5 dinghies at any time during a quarter—$50.00 for the quarter.
For the purposes of subregulation (1),
Charge is payable by the holder of the permission in April, July, October and January in respect of the exercise of the permission in the preceding quarter.
(1) The charge payable by the holder of a permission for the hiring motorised water sports equipment (excluding dinghies) who does not hold a permission for any other kind of tourist program, is:
(a) if the equipment is jet boats designed to carry no more than 2 persons—$25.00 per quarter; or
(b) if the equipment includes no jet boats—$62.00 per quarter; or
(c) if the equipment is jet boats and other motorised equipment—$87 per quarter.
Charge is payable by the holder of the permission in April, July, October and January in respect of the exercise of the permission in the preceding quarter.
(1) The charge payable by the holder of a permission for the providing of semi-submersible, or glass-bottomed, boat excursions is the amount calculated under the formula:
N x 0.2 x $1.00 where:
For the purpose of subregulation (1):
(a) a tourist who participates in more than one excursion is taken to be a different tourist on each of those excursions; and
(b) a tourist is not to be included in the calculation if:
(i) the tourist’s excursion is permitted under a permission to which regulation 37 applies; and
(ii) the holder of the permission is liable to pay charge in accordance with that regulation in respect of the tourist.
Charge is payable by the holder of the permission in April, July, October and January in respect of the exercise of the permission in the preceding quarter.
(1) The charge payable by the holder of a permission for the providing of aircraft excursions in or into the Marine Park for the sole purpose of sight-seeing, who does not hold a permission for any other kind of tourist program, is the amount calculated under the formula:
N x 0.2 x $1.00 where:
For the purpose of subregulation (1):
(a) a tourist who participates in more than one excursion is taken to be a different tourist on each of those excursions; and
(b) a tourist is not to be included in the calculation if:
(i) the tourist’s excursion is permitted under a permission to which regulation 37 applies; and
(ii) the holder of the permission is liable to pay charge in accordance with that regulation in respect of the tourist.
Charge is payable by the holder of the permission in April, July, October and January in respect of the exercise of the permission in the preceding quarter.
(1) The charge payable by the holder of a permission for the operation of a pontoon is:
(a) if the horizontal surface area of the pontoon is 40 square metres or less—$45.00 per quarter; or
(b) if the horizontal surface area of the pontoon is more than 40 square metres—the greater of:
(i) $90.00 per quarter; or
(ii) $1.00 for each tourist for each excursion to the pontoon that the tourist is taken on by the holder.
For the purpose of subregulation (1):
(a) a tourist who participates in more than one excursion is taken to be a different tourist on each of those excursions; and
(b) a tourist is not to be included in the calculation if:
(i) the tourist’s excursion is permitted under a permission to which regulation 37 applies; and
(ii) the holder of the permission is liable to pay charge in accordance with that regulation in respect of the tourist.
Charge is payable by the holder of the permission in April, July, October and January in respect of the exercise of the permission in the preceding quarter.
(1) The charge payable by the holder of a permission for the operation of a floating hotel is the greater of:
(a) $140.00 per quarter; or
(b) $1.00 for each tourist for each night in the quarter that he or she is accommodated in the hotel.
Charge is payable by the holder of the permission in April, July, October and January in respect of the exercise of the permission in the preceding quarter.
(1) 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 tourist vessel that is berthed at the marina for each day, and part of a day, in the quarter that it is so berthed.
Charge is payable by the holder of the permission in April, July, October and January in respect of the exercise of the permission in the preceding quarter.
(1) The charge payable by the holder of a permission for the operation of an underwater observatory that is not attached to a pontoon is the greater of:
(a) $65.00 per quarter; or
(b) for each tourist for each day, and part of a day, in the quarter that he or she participates in an excursion to the observatory—the amount calculated under the formula:
N x 0.1 x $1.00 where:
N is the number of tourists participating in excursions in the period to which the charge relates.
For the purpose of subregulation (1):
(a) a tourist who participates in more than one excursion is taken to be a different tourist on each of those excursions; and
(b) a tourist is not to be included in the calculation if:
(i) the tourist’s excursion is permitted under a permission to which regulation 37 applies; and
(ii) the holder of the permission is liable to pay charge in accordance with that regulation in respect of the tourist.
Charge is payable by the holder of the permission in April, July, October and January in respect of the exercise of the permission in the preceding quarter.
(1) The charge payable by the holder of a permission for a tourist program that involves visiting Lady Elliot Island is $1.00 for each tourist for each day, and part of a day, in the quarter that he or she is a visitor at the island.
For the purpose of subregulation (1) a tourist is not to be counted in the assessment of charge payable if:
(a) the tourist’s visit is permitted under a permission to which regulation 37 applies; and
(b) the holder of the permission is liable to pay charge in accordance with that regulation in respect of the tourist.
Charge is payable by the holder of the permission in April, July, October and January in respect of the exercise of the permission in the preceding quarter.
(1) The charge payable by the holder of a permission for the operation of a land-based outfall for the discharge of waste that is sewage is:
(a) if the sewage has received primary, secondary and tertiary treatment—$200.00 per quarter; or
(b) if the sewage has received primary and secondary treatment only:
(i) $200.00 per quarter; and
(ii) an amount calculated under the formula:
where:
N is the concentration of nitrogen, expressed as milligrams per litre, assessed to be discharged in the quarter; and
P is the concentration of phosphorus, expressed as milligrams per litre, assessed to be discharged in the quarter; and
V is the total volume of sewage, expressed in megalitres, discharged in the quarter
For the purpose of subparagraph (1) (b) (ii), an assessment must be made only in accordance with samples of discharge analysed by a laboratory registered under the rules of the National Association of Testing Authorities for analyses of that kind.
Charge is payable by the holder of the permission in April, July, October and January in respect of the exercise of the permission in the preceding quarter.
(1) The charge payable by the holder of a permission for the chartering of a vessel for a commercial purpose unrelated to tourism is $1.00 for each person (except crew) carried on the chartered vessel.
Charge is payable by the holder of the permission in April, July, October and January in respect of the exercise of the permission in the preceding quarter.
(1) The charge payable by the holder of a permission for the sale of goods or services from a vessel is $15.00 per quarter for each metre of the overall length of the vessel unless the vessel is used primarily:
(a) for a purpose connected to an operation respect of which charge applies under regulation 43, 44, 45 or 46; or
(b) for the provision of goods or services to commercial fishing vessels.
Charge is payable by the holder of the permission in April, July, October and January in respect of the exercise of the permission in the preceding quarter.
(1) The charge payable by the holder of a permission for the establishment and operation of farming facilities for the culture of pearls or clams is:
(a) for a parcel of facilities of up to 10 hectares—$250.00 per quarter; and
(b) for each additional parcel of 10 hectares—$100.00 per quarter.
Charge is payable by the holder of the permission in April, July, October and January in respect of the exercise of the permission in the preceding quarter.
(1) The holder of a permission referred to in regulation 37, 41, 42, 43, 44, 45, 46, 47 or 49 must record each day the information that the Authority requires the holder to keep for the purpose of ascertaining the charge payable from time to time by the holder.
The information must be recorded by the permission holder in a logbook supplied to the holder by the Authority or in a form approved by the Authority and kept:
(a) in the permission holder’s booking office; or
(b) if the holder’s permitted tourist program involves visiting more than 5 different locations (except destinations for transfer purposes only), access to each of which requires the use of a vessel—in the vessel used for the part of the program to which the information relates.
The information must be kept by the permission holder for the purpose of inspection by an inspector at the holder’s booking office for at least 2 years after the quarter to which the information relates.
10 penalty units.
(1) A permission holder referred to in this Part (except the holder of a permission referred to in regulation 48) must give the Authority a charge return, in a form approved by the Authority, in April, July, October and January in relation to the exercise of the permission in the preceding quarter.
The holder of a permission referred to in regulation 48 must give the Authority a return, in a form approved by the Authority, in April, July, October and January in relation to the exercise of the permission in the preceding quarter, that sets out:
(a) the total volume of sewage generated during the quarter; and
(b) the total volume of sewage discharged at the land-based outfall during the quarter; and
(c) the information determined by the laboratory referred to in subregulation 48 (2) that discloses the level of treatment the sewage has received before discharge.”.
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1. Notified in the
Commonwealth of Australia Gazette on 30 June 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.
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