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

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Statutory Rules 1988 No. 1851

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 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

 

Commencement

1. These Regulations commence on 1 August 1988.

Principal Regulations

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

Interpretation

3. Regulation 4 of the Principal Regulations is amended:

(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.”.

Repeal of regulation 5

4. Regulation 5 of the Principal Regulations is repealed.

Heading to Part II

5. The heading to Part II of the Principal Regulations is amended by omitting “CAPRICORNIA SECTION,”.

Interpretation

6. Regulation 6a of the Principal Regulations is amended:

(a) by omitting “the Capricornia Section,” from the definition of “zone”;

(b) by omitting the definition of “zoning plan”.

Areas of restricted use

7. Regulation 12 of the Principal Regulations is amended by omitting subregulation (3).

Heading to Part IIa

8. The heading to Part IIa of the Principal Regulations is amended by inserting “AND MACKAY/CAPRICORN SECTION” after “CENTRAL SECTION”.

Interpretation

9. Regulation 13aa of the Principal Regulations is amended:

(a) by inserting “or the Mackay/Capricorn Section” after “Central Section” in the definition of “zone”;

(b) by omitting the definition of “zoning plan”.

 

10. After regulation 13f of the Principal Regulations the following regulation is inserted:

Offences relating to spearfishing in unzoned area

“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.”.

Repeal of regulation 18

11. Regulation 18 of the Principal Regulations is repealed.

Transitional

12. Where:

(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.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 29 July 1988.

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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