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

1 96

Statutory Rules 1997 No.

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, make the following Regulations under the Great Barrier Reef Marine Park Act 1975.

Dated 1997. 30 April

WILLIAM DEANE

Governor- General

By His Excellency's Command,

ROBERT HILL

Minister for the Environment

1. Amendment

1.1 The Great Barrier Reef Marine Park Regulations are amended

as set out in these Regulations.

2 Great Barrier Reef Marine Park 1997 No.

2. Commencement

2.1 These Regulations commence on 1 May 1997.

3. New Part 6

3.1 After regulation 53, insert:

"PART 6—SHOAL WATER BAY (DUGONG) PLAN OF

MANAGEMENT ENFORCEMENT PROVISIONS

Definitions

"54. In this Division:

'Criminal Code' means the Criminal Code set out in the Schedule

to the Criminal Code Act 1995;

'evidential burden' has the meaning given in Part 2.6 of the

Criminal Code;

'legal burden' has the meaning given in Part 2.6 of the Criminal

Code;

'Plan' means the Shoalwater Bay (Dugong) Plan of Management

prepared under Part VB of the Act, for which notice, under

subsection 39ZE (4), was published in the Gazette on 2 April 1997.

Date of effect of enforcement provisions

"55. Part 4 (Enforcement Provisions) of the Plan takes effect

on 1 May 1997.

Offences

"56. (1) A person must not contravene subclause 6.2 or 6.4,

clause 7 or subclause 8.1 of the Plan.

Penalty: 10 penalty units.

[NOTE: Clauses 6, 7 and 8 of the Plan restrict the use of nets, the collecting

of dugongs, and interference with dugongs.]

Great Barrier Reef Marine Park 1997 No. 3

"(2) In a proceeding for an offence:

(a)	a defendant who wishes to rely on any exception, exemption, excuse, qualification or justification provided in Part 4 of the Plan bears an evidential burden for the matter; and
(b)	the prosecution bears a legal burden of disproving any matter for which the defendant has discharged an evidential burden.".

NOTES

1 May

1. Notified in the Commonwealth of Australia Gazette on 1997.

2. Statutory Rules 1983 No. 262 as amended by 1985 No. 169; 1986 No. 1; 1987 No. 247; 1988 No. 185; 1989 Nos. 269, 367 and 368; 1990 Nos. 9 and 35; 1991 Nos. 63, 257 and 296; 1992 No. 69; 1993 Nos. 188, 206 and 266; 1996 No. 277.