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 25 July 1988.
N. M. STEPHEN
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 “Capricornia Section”;
(b) by inserting after the definition of “Far Northern Section” in subregulation (1) the following definition:
“ ‘Mackay/Capricorn Section’ means the area declared to be a part of the Great Barrier Reef Marine Park by Proclamation made under subsection 31 (1) of the Act and published in
(S.R. 195/88)–Cat. No. 14/29.6.1988
the
Gazette on 24 September 1987 and assigned by that Proclamation the name ‘Great Barrier Reef Marine Park—Mackay/Capricorn Section’;”;(c) by omitting paragraph (a) of the definition of “relevant permission” in subregulation (1) and substituting the following paragraph:
“(a) in relation to the zoning plan in respect of a zone into which:
(i) the Central Section; or
(ii) the Mackay/Capricorn Section;
is divided—the written permission of the Authority required under a provision of that plan making provision with respect to the purposes for which that zone may be entered or used; and”;
(d) by omitting from subregulation (1) the definition of “zone” and substituting the following definition:
“ ‘zone’ means a zone into which the Cairns Section, the Central Section, the Cormorant Pass Section, the Far Northern Section or the Mackay /Capricorn Section has been divided by a zoning plan.”.
(a) by omitting “the Capricornia Section,” from the definition of “zone”;
(b) by omitting the definition of “zoning plan”.
(a) by inserting “or the Mackay/Capricorn Section” after “Central Section” in the definition of “zone”;
(b) by omitting the definition of “zoning plan”.
“13fa. (1) A person shall not, in an unzoned area, use for the purposes of spearfishing:
(a) an underwater breathing apparatus other than a snorkel; or
(b) a power-head.
Penalty: $1,000.
“(2) Subregulation (1) does not apply where a person uses a power-head for the purposes of protecting himself or herself, or any other person, from attack by a shark.
“(3) Subregulation (1) does not apply to the use by a person of an underwater breathing apparatus (other than a snorkel) or of a power-head where the use is:
(a) for purposes of scientific research; and
(b) in accordance with the written permission of the Authority given for the purposes of this regulation.
“(4) In this regulation, ‘power-head’ means a device that may be attached to a spear and that consists of or contains an explosive charge.”.
(a) before the commencement of these Regulations, a permission was granted by the Authority (whether or not subject to conditions) in relation to the Capricornia Section Zoning Plan under regulation 11 of the Principal Regulations; and
(b) the permission remained in force immediately before the commencement of these Regulations;
the permission shall continue in force until the expiry of the period for which the permission was granted as if, in respect of any day of that period falling on or after that commencement, the permission was a permission granted in relation to the Mackay/Capricorn Section under the Principal Regulations as amended by these Regulations.
1. Notified in the
2. Statutory Rules 1983 No. 262 as amended by 1985 No. 169; 1986 No 1; 1987 No. 247.
Printed by Authority by the Commonwealth Government Printer
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