Great Barrier Reef Marine Park Regulations (Amendment) (Cth)
I,
THE ADMINISTRATOR of the Government of the Commonwealth of Australia, acting
with the advice of the Federal Executive Council, hereby make the following
Regulations under the
Dated 22 October 1987.
J. A. ROWLAND
Administrator
By His Excellency’s Command,
Graham Richardson
Minister of State for the Environment and the Arts
(a) by inserting before the definition of “Cairns Section” in subregulation (1) the following definition:
“ ‘authority’ means an authority given under regulation 19c;”;
(b) by inserting after the definition of “Capricornia Section” in subregulation (1) the following definition:
“ ‘Central 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 the
Gazette on
(S.R. 158/87)–Cat. No. 15/8.10.1987
15 October 1984 and assigned by that Proclamation the name ‘Great Barrier Reef Marine Park—Central Section’;”;
(c) by omitting from subregulation (1) the definition of “relevant permission” and substituting the following definition:
“ ‘relevant permission’ means:
(a) in relation to the zoning plan in respect of a zone into which the Central 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 used or entered; and
(b) in any other case—a permission referred to in subregulation 7 (1);”; and
(d) by inserting in the definition of “zone” in subregulation (1) “the Central Section,” after “the Capricornia Section,”.
“6a. In this Part, unless the contrary intention appears:
‘zone’ means a zone into which the Cairns Section, the Capricornia Section, the Cormorant Pass Section or the Far Northern Section has been divided by a zoning plan;
‘zoning plan’ means a zoning plan in respect of a zone.”.
“(k) the maximum number of persons (if any) to whom the applicant intends to give an authority;”.
(a) by omitting paragraph (1) (a) and substituting the following paragraph:
“(a) grant such permission in writing; or”;
(b) by inserting after subregulation (1) the following subregulation:
“(1a) A relevant permission may be granted subject to such conditions (if any) as the Authority specifies in the permission, being:
(a) conditions allowing the giving of authorities and specifying the maximum number of persons to whom authorities may be given; and
(b) conditions necessary for the attainment of the object of the Act.”; and
(c) by omitting from subregulation (2) “sub-regulation 20 (1)” and substituting “subregulations 20 (1) and (1a)”.
(a) by omitting subregulation (5) and substituting the following subregulation:
“(5) Before declaring an area within a zone to be a Reef Appreciation Area or a Reef Research Area, the Authority shall, by notice in writing:
(a) specify an area within the zone, being an area within which an area is proposed to be declared;
(b) state that it proposes to make such a declaration in respect of an area within the area so specified; and
(c) invite interested persons to make representations in writing in relation to the declaration of any area within the area so specified by such date, being a date that is not less than 30 days after the date of the notice, as is specified in the notice.”;
(b) by omitting from subregulation (6) “proposed declaration referred to in that sub-regulation” and substituting “declaration of any area within the area specified in the notice”;
(c) by omitting subregulations (7) and (7a) and substituting the following subregulations:
“(7) If, after having given due consideration to any representations made under subregulation (6) in relation to a proposed declaration, the Authority decides not to make such a declaration, the Authority shall, by notice in writing, state that it does not propose to make such a declaration.
“(7a) Where the Authority has declared an area within a zone to be, for a specified time:
(a) a Replenishment Area;
(b) a Seasonal Closure Area;
(c) a Reef Appreciation Area; or
(d) a Reef Research Area;
the Authority may, before the expiration of that specified time, by notice in writing, extend that time for such further period, commencing on the expiration of that time, as is specified in the notice.”; and
(d) by omitting from subregulation (8) “upon the expiration of that time, by notice in writing, state that the area is no longer” and substituting “not earlier than one month before, and not later than one month after, the expiration of that time, or that time as extended under subregulation (7a), by notice in writing, state that the area will cease, or has ceased, to be”.
(a) by omitting from subregulation (2) “without the permission of the Authority granted under sub-regulation 11 (1)” and substituting “unless the person has been granted a permission under subregulation 11 (1) or has been given an authority”;
(b) by omitting subregulation (3) and substituting the following subregulation;
“(3) Where a permission referred to in subregulation (2) is expressed to be subject to conditions, or has conditions imposed upon it or varied under subregulation 20 (1) or (1a), a person to whom those conditions, or those conditions as so varied, apply shall not use or enter the zone otherwise than in accordance with those conditions, or those conditions as so varied, as the case may be.
Penalty: $5,000.”; and
(c) by omitting from subregulation (6) “for the purpose of removing a vessel that is wrecked, stranded, sunk or abandoned” and substituting “in accordance with subregulation (4)”,
“13aa. In this Part, unless the contrary intention appears:
‘zone’ means a zone into which the Central Section has been divided by the zoning plan;
‘zoning plan’ means the zoning plan in respect of a zone.
“13ab. (1) For the purposes of the definition of ‘collecting’ contained in the zoning plan:
(a) each animal, or each animal of a species, specified or referred to in Part I of Schedule 1B, other than an animal, or an animal of a species, that is excepted in that Part, is a declared animal;
(b) each plant of a species specified or referred to in Part II of that Schedule is a declared plant; and
(c) each marine product specified or referred to in Part III of that Schedule is a declared marine product.
“(2) For the purposes of the definition of ‘limited collecting’ contained in the zoning plan, the following limitations on the collecting of shells, fish and invertebrates (other than coral—Class Anthozoa) are declared:
(a) the means by which the collecting is carried out are limited to the use of a hand-held implement or by hand;
(b) not more than 5 shells, fish or invertebrates of any one species are to be collected, or held in possession, in the Marine Park in any period of 28 days.
“(3) For the purposes of the definition of ‘fishing’ contained in the zoning plan, any fish, crustacean or mollusc other than;
(a) an animal, or an animal of a species, specified or referred to in Schedule 1B (not being an animal, or an animal of a species, that is excepted in that Schedule); and
(b) a fish of a species specified in Schedule 2;
is a declared fish, crustacean or mollusc.
“(4) For the purposes of the definition of ‘bait netting’ contained in the zoning plan, each of the following nets (being the nets described in serial number 7 in Column 2 of Part A of the Fifth Schedule to the Fisheries Regulations and in serial numbers 1, 2 and 3 in Column 3 of the Sixth Schedule to those Regulations) is declared:
(a) cast net;
(b) amateur bait net;
(c) scoop or dip net;
(d) recreational bait net;
(e) commercial bait net (beach seine, haul seine, mesh, gill or ring).
“(5) For the purposes of the definition of ‘commercial netting’ contained in the zoning plan, each of the following nets (being the nets described in serial numbers 2, 5, 9, 11, 12, 13A, 13B and 14 in Column 2 of the Fifth Schedule to the Fisheries Regulations) is declared:
(a) general purpose net (beach seine, haul seine, mesh, gill, ring or drift);
(b) prawn beach or haul seine net;
(c) salmon river set gill net;
(d) river set gill net;
(e) foreshore set gill net;
(f) offshore set gill net or drift net.
“(6) For the purposes of the definition of ‘crabbing’ contained in the zoning plan, each of the following apparatus (being the apparatus described in serial numbers 24 and 25 in Column 2 of Part A of the Fifth Schedule to the Fisheries Regulations and in serial numbers 4 and 5 in Column 3 of the Sixth Schedule to those Regulations) is declared:
(a) crab pot;
(b) dilly;
(c) inverted dilly;
(d) crab hook.
“(7) For the purposes of the definition of ‘limited crabbing’ contained in the zoning plan:
(a) each apparatus described in serial numbers 4 and 5 in Column 3 of Part A of the Sixth Schedule to the Fisheries Regulations is declared; and
(b) the prescribed number is 4.
“(8) For the purposes of the definition of ‘drop purse seine net’ contained in the zoning plan, a purse seine net of not more than 200 metres in length is declared.
“(9) A word or expression that is used in a provision of the Fisheries Regulations specified in subregulation (4), (5), (6) or (7) and defined for the purposes of those Regulations shall, for the purposes of the definition of ‘bait netting’, ‘commercial netting’, ‘crabbing’ or ‘limited crabbing’ (as the case may be) in the zoning plan, have the same meaning as it has in those Regulations, except that where the same word or expression is defined for the purposes of the zoning plan, that word or expression shall, for the purposes of the definition of ‘bait netting’, ‘commercial netting’, ‘crabbing’ or ‘limited crabbing’ have the same meaning as it has in the zoning plan.
“(10) In this regulation, ‘Fisheries Regulations’ means the Fisheries Regulations 1977 of the State of Queensland as in force at the commencement of this Part.
“13ac. (1) An application to the Authority for a relevant permission shall be in writing unless, for the purpose of giving urgent consideration to the application, the Authority agrees to accept an oral application.
“(2) An application for a relevant permission shall specify:
(a) the name and address of the person making the application;
(b) the name assigned to the Section of the Marine Park that is to be used or entered;
(c) the name of the zone and, where appropriate, the name of the designated area that is to be used or entered;
(d) the purposes for which the zone or designated area is to be used or entered;
(e) any prudent and feasible alternatives to the proposed use or entry;
(f) the proposed movement within the zone or designated area of any person proposing to use or enter the zone or designated area;
(g) the location of the use of, or entry into, the zone or designated area, including the name of any shoal, reef or island on or near which such use or entry is proposed;
(h) the period in respect of which the relevant permission is sought;
(i) the means of transport for entry into, use within and departure from the zone or designated area;
(j) the maximum number of persons (if any) to whom the applicant intends to give an authority; and
(k) such other information (if any) as the Authority may reasonably require and has requested the applicant to furnish.
“(3) An application for a relevant permission for the purposes of research (including manipulative research), however described, shall contain, in addition to the information required under subregulation (2), the following information:
(a) the purpose of the research;
(b) a brief description of the manner in which the research is to be undertaken, including:
(i) a description of the sequence and location of fieldwork to be carried out;
(ii) an explanation of the experimental design and methods of analysis to be used in the research;
(iii) the number, quantity and identity of any living or non-living matter to be taken for the purpose of the research; and
(iv) the methods to be used in taking any such matter;
(c) the frequency and duration of visits to the zone or designated area for the purposes of the research.
“(4) In considering an application for a relevant permission, the Authority shall have regard to:
(a) the objective of the zone;
(b) the need to ensure the orderly and proper management of the Marine Park;
(c) the likely effect of granting permission on future options for the Marine Park;
(d) the conservation of the natural resources of the Marine Park;
(e) the nature and scale of the proposed use in relation to the existing use and amenity, and the future or desirable use and amenity, of the relevant area and of nearby areas;
(f) the likely effects of the proposed use on adjoining and adjacent areas and any possible effects of the proposed use on the environment and the adequacy of safeguards for the environment;
(g) the means of transport for entry into, use within or departure from the zone or designated area and the adequacy of provisions for aircraft or vessel mooring, landing, taking off, parking, loading and unloading;
(h) in relation to any structure, landing area, farming facility, vessel or work to which the proposed use relates:
(i) the health and safety aspects involved, including the adequacy of construction; and
(ii) the arrangements for removal upon the expiration of the permission of the structure, landing area, farming facility or vessel or any other thing that is to be built, assembled, constructed or fixed in position as a result of that use; and
(i) the arrangements for making good any damage caused to the Marine Park by the proposed activity.
“(5) In considering an application for permission to enter into or use a zone or designated area for the purpose of traditional fishing or for the purpose of traditional hunting and gathering, the Authority shall have regard, in addition to the matters specified in subregulation (4), to the following matters:
(a) the need for conservation of endangered species and, in particular, the capability of the relevant population of that species to sustain harvesting;
(b) the means to be employed in the proposed traditional fishing or traditional hunting and gathering;
(c) the number of animals or plants, or the amount of marine product, proposed to be taken;
(d) the purpose of the proposed taking;
(e) whether the entry and use of the area in which the activity is to take place will be in accordance with Aboriginal tradition or Islander tradition, as the case requires;
(f) the normal place of residence of the applicant;
(g) whether the applicant is a traditional inhabitant.
“13ad. (1) Where, in considering an application for a relevant permission, the Authority considers that the granting of such permission may restrict the reasonable use by the public of a part of the Marine Park, the Authority may, by notice in writing given to the applicant, require the
applicant, within the period specified in the notice, to give public notice by written advertisement:
(a) setting out such information relating to the application as the Authority requires;
(b) inviting interested persons to lodge with the Authority comments in writing in relation to the application within a period specified by the Authority, being a period of not less than 30 days; and
(c) specifying an address to which such comments may be forwarded.
“(2) Before making a decision in respect of an application for a relevant permission in relation to which public notice is required to be given under subregulation (1), the Authority shall give due consideration to any written comments received in response to such a notice.
“(3) In subregulation (1), a reference to a written advertisement is a reference to a notice published on 2 separate days within a period of 14 days.
“13ae. (1) The Authority may, in respect of an application for a relevant permission, by notice in writing given to the applicant, request the applicant to furnish to the Authority in writing such further particulars in relation to the application as are specified in the notice, being particulars that are necessary for a proper consideration of the application by the Authority.
“(2) Where further particulars requested by notice under subregulation (1) in relation to an application are not furnished by the applicant within 60 days after the day of receipt by the applicant of the notice, or within such longer period as the Authority before the expiration of that period of 60 days allows, the application shall be taken to have lapsed.
“13af. (1) Where a person has made an application for a relevant permission and has complied with any requirement or request duly made by the Authority in relation to the application, the Authority shall:
(a) grant such permission in writing; or
(b) by notice in writing given to that person, refuse to grant such permission.
“(2) A relevant permission may be granted subject to such conditions (if any) as the Authority specifies in the permission, being:
(a) conditions allowing the giving of authorities and specifying the maximum number of persons to whom authorities may be given; and
(b) conditions necessary for the attainment of the object of the Act.
“(3) Subject to subregulations 20 (1) and (1a), where a relevant permission has been granted subject to conditions, the Authority may, with
the consent in writing of the person to whom the permission has been granted, vary those conditions so that the conditions, as so varied, are necessary for the attainment of the object of the Act.
“(4) A relevant permission remains in force for such period as is specified in the permission unless it is sooner surrendered or revoked.
“13ag. (1) Before designating an area within a zone to be a Special Management Area and designating the special management provisions to be applied in that area, the Authority shall, by written advertisement:
(a) specify an area within the zone, being an area within which an area is proposed to be designated;
(b) state that it proposes to make a designation in respect of an area within the area so specified;
(c) state the special management provisions proposed to be designated in respect of any area so designated; and
(d) invite interested persons to make representations in writing in relation to the designation of any area within the area so specified and the designation of the proposed special management provisions by such date, being a date that is not less than 30 days after the date of the notice, as is specified in the notice.
“(2) A person may, not later than the date specified in the notice referred to in subregulation (1), make written representations to the Authority in relation to the designation of any area within the area specified in the notice and in relation to the designation of the proposed special management provisions referred to in that notice and the Authority shall give due consideration to any representations so made.
“(3) If, after having given due consideration to any representations made under subregulation (2) in relation to a proposed designation, the Authority decides:
(a) not to make such a designation; or
(b) to designate the proposed special management provisions in an amended form;
the Authority shall give public notice by written advertisement accordingly.
“(4) Where the Authority has given public notice under subregulation (3) that it has decided to designate the proposed special management provisions in an amended form, it need not publish an advertisement under subregulation (1) in relation to those amended provisions.
“(5) The Authority may at any time, by written advertisement, revoke a designation made under the zoning plan, being a designation referred to in this regulation.
“(6) Where the Authority has designated an area within a zone to be a Special Management Area and has designated the special management
provisions to be applied in that area for a specified period, the Authority may, before the expiration of that period, by written advertisement, extend that period for such further period, commencing on the expiration of the first-mentioned period, as is specified in the advertisement.
“13ah. (1) A person shall not enter or use a zone for a purpose other than a purpose that is permitted under the zoning plan in relation to that zone.
Penalty: $5,000.
“(2) Subject to subregulations (3), (4) and (5), where under the zoning plan, a zone may be entered or used for a purpose with the permission of the Authority, a person shall not enter or use the zone for that purpose unless the person has been granted a permission under regulation 13af or has been given an authority.
Penalty: $5,000.
“(3) Until the expiration of the period of 120 days after the day on which the zoning plan comes into operation, subregulation (2) does not apply to a person in respect of any activity where, immediately before that day, that person was lawfully carrying on that activity.
“(4) Subregulation (3) does not exempt from the operation of subregulation (2) a person who has, within the period referred to in subregulation (3), made an application under regulation 13ac to enter or use the zone in respect of that activity and that application has been refused.
“(5) If, within the period of 120 days after the day on which the zoning plan comes into operation, a person referred to in subregulation (3) applies for permission to enter or use a zone in respect of the activity referred to in that subregulation, subregulation (2) does not thereafter apply to that person in respect of that entry or use until that person’s application has lapsed under subregulation 13ae (2) or has been dealt with in accordance with regulation 13af.
“(6) Where a permission referred to in subregulation (2) is expressed to be subject to conditions, or has conditions imposed upon it or varied under subregulation 20 (1) or (1a), a person to whom those conditions, or those conditions as so varied, apply shall not use or enter the zone otherwise than in accordance with those conditions, or those conditions as so varied, as the case may be.
Penalty: $5,000.
be used or entered for a purpose after notification to the Authority, a person shall not use or enter that zone for that purpose unless the person has notified the Authority that he or she proposes to use or enter the zone for that purpose.
Penalty: $5,000.
“(8) A person shall not fail to comply with a direction given to the person by the Authority in accordance with the zoning plan.
Penalty: $1,000.”.
(a) by omitting from subregulation (1) “in the Marine Park, take, or have in possession,” and substituting “otherwise than in accordance with the permission in writing of the Authority given for the purposes of this regulation, take, or have in possession, in the Marine Park”;
(b) by inserting after subregulation (1) the following subregulation:
“(1a) The Authority shall not give permission for the taking or having in possession of a fish referred to in subregulation (1) for a purpose other than education or scientific research.”; and
(c) by omitting from subregulation (2) “sub-regulation (1)” and substituting “this regulation”.
“15a. (1) An application to the Authority for a permission under regulation 15 shall be in writing unless, for the purpose of giving urgent consideration to the application, the Authority agrees to accept an oral application.
“(2) An application shall specify:
(a) the name and address of the person making the application;
(b) the name assigned to the area forming part of the Marine Park in which the household, industrial or commercial waste is to be discharged or deposited;
(c) any prudent or feasible alternatives to the proposed discharge or deposit, including alternative places that could be used for that discharge or deposit;
(d) the nature of the material to be discharged or deposited (including the origin and composition of the material and whether the material is biodegradable) and the proposed rate of its discharge or deposit; and
(e) the means (if any) proposed to be used for transporting the waste to the place where it is to be discharged or deposited;
and shall contain, or be accompanied by a document containing, such other information (if any) as the Authority may reasonably require and that it has requested the applicant to furnish.
“15b. (1) Where, in considering an application for a permission under regulation 15, the Authority considers that the granting of such permission may restrict the reasonable use by the public of a part of the Marine Park, the Authority may, by notice in writing given to the applicant, require the applicant, within the period specified in that notice, to give public notice:
(a) setting out such information relating to the application as the Authority requires;
(b) inviting interested persons to lodge with the Authority comments in writing in relation to the application within a period specified by the Authority, being a period of not less than 30 days; and
(c) specifying an address to which such comments may be forwarded.
“(2) Before making a decision in respect of an application in relation to which public notice is required to be given in accordance with subregulation (1), the Authority shall give due consideration to any comments in writing received by it in response to such a notice.
“(3) In subregulation (1), a reference to public notice is a reference to a notice published on 2 separate days within a period of 14 days:
(a) in the
Gazette ;(b) in a newspaper circulating generally in the State of Queensland; and
(c) in a newspaper, if any, that is a local newspaper circulating in that part of the State of Queensland adjacent to that part of the Marine Park where the discharge or deposit of waste is proposed to be made.
“15c. (1) The Authority may, in respect of an application for a permission under regulation 15, by notice in writing given to the applicant, request the applicant to furnish to the Authority in writing such further particulars in relation to the application as are specified in the notice, being particulars that are necessary for a proper consideration of the application by the Authority.
“(2) Where further particulars requested by notice under subregulation (1) in relation to an application are not furnished by the applicant within 60 days after the day of receipt by the applicant of the notice, or within such longer period as the Authority before the expiration of that period of 60 days allows, the application shall be taken to have lapsed.
“15d. (1) Where a person has made an application for a permission under regulation 15 and has complied with any requirement or request duly made by the Authority in relation to the application, the Authority shall:
(a) grant such permission in writing subject to such conditions (if any) as are specified in the permission, being conditions necessary for the attainment of the object of the Act; or
(b) by notice in writing given to that person, refuse to grant such permission.
“(2) Subject to subregulations 20 (1) and (1a), where a permission has been granted subject to conditions, the Authority may, with the consent in writing of the person to whom the permission has been granted, vary those conditions so that the conditions, as so varied, are necessary for the attainment of the object of the Act.
“(3) A permission remains in force for such period as is specified in the permission unless it is sooner surrendered or revoked.”.
“(2a) 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 that use is:
(a) for the purposes of scientific research; and
(b) in accordance with the written permission of the Authority given for the purposes of this regulation.”.
“19a. For the purposes of the prosecution of a person for an offence against subregulation 13 (3) or 13ah (6), an act done by an employee or other agent of the person charged shall be deemed to have been done also by that person.
“19b. Where, by use of a vessel or aircraft, an offence is committed against subregulation 13(1), 13(2), 13(3), 13(4), 13ah (1), 13ah (2), 13ah (6), 13ah (7) or 15 (1), each of the following persons shall be deemed to be guilty of the offence and punishable accordingly, whether or not the person did the act that constitutes the offence:
(a) the master or other person in charge of the vessel, or the person in charge of the aircraft, at the time the offence is committed;
(b) the owner of the vessel or aircraft (including each person who is a co-owner of, or an owner of any part or share in, the vessel or aircraft) at the time the offence is committed.
“19c. (1) Where a person has been granted a relevant permission that contains a condition allowing the person to give an authority, the person may, unless to do so would contravene another condition of the permission, give to a person written authority to carry out any activity that may be lawfully carried out in accordance with the permission for such period as is specified in the authority.
“(2) Where the carrying out of an activity by a person is authorised by an authority, the relevant permission shall, for the purposes of these Regulations be deemed to authorise that person to carry out that activity and any conditions to which the relevant permission is subject, being conditions that relate to the carrying out of that activity, shall apply to the carrying out of that activity by the person.
“(3) The giving of an authority does not prevent the carrying out of any activity by the person who gave the authority.
“19d. (1) Where:
(a) at any time before a prescribed permission ceases to be in force, the person to whom that permission was granted applies for a further permission of the same kind in relation to the carrying on of the same activity in the same zone or area; and
(b) the application has not been granted or refused before the expiration of the period specified in the prescribed permission as the period during which the prescribed permission remains in force;
the prescribed permission shall, after the expiration of that period, be deemed to remain in force until the application is granted or refused.
“(2) In this regulation:
‘prescribed permission’ means a permission granted under subregulation 11 (1), 13af (1) or 15d (1).”.
(a) by inserting after subregulation (1) the following subregulation:
“(1a) Where:
(a) a relevant permission, a permission to carry on a prescribed activity in an unzoned area or a permission granted for the purposes of regulation 15 has been granted to a person; and
(b) by reason of circumstances that were not foreseen and were not reasonably foreseeable at the time when the permission was granted, damage, degradation or disruption to the physical environment, or the living resources, of the Marine Park has occurred or there is an imminent threat that such damage, degradation or disruption will occur;
the Authority may suspend the permission, vary the conditions (if any) to which the permission is subject or impose conditions, or additional conditions, as the case may be, upon the permission.”;
(b) by omitting from subregulation (2) “additional conditions on the permission under sub-regulation (1)” and substituting “conditions on the permission under subregulation (1) or (1a)”;
(c) by omitting subregulation (3) and substituting the following subregulation:
“(3) Where the Authority suspends a permission, varies conditions or imposes conditions on the permission under subregulation (1) or (1a), it shall investigate the matter in respect of which the permission was suspended, the conditions varied or the conditions imposed.”;
(d) by omitting from subregulation (4) “additional” (wherever occurring);
(e) by omitting from subregulation (5) “10” and substituting “28”; and
(f) by adding at the end the following subregulation:
“(6) Notwithstanding anything contained in this regulation, a suspension, a variation of conditions or an imposition of conditions under subregulation (1a) ceases to apply upon the expiration of the period of 28 days commencing on the day on which the permission was suspended or the conditions were varied or imposed, as the case may be.”.
(a) by inserting after subregulation (1) the following subregulation:
“(1a) Where:
(a) a relevant permission, a permission to carry on a prescribed activity in an unzoned area or a permission granted for the purposes of regulation 15 has been granted to a person; and
(b) by reason of circumstances that were not foreseen and were not reasonably foreseeable at the time when the permission was granted, damage, degradation or disruption to the physical environment, or the living resources, of the Marine Park has occurred or there is an imminent threat that such damage, degradation or disruption will occur;
the Authority may revoke the permission.”;
(b) by omitting from subregulation (2) “sub-regulation (1)” and substituting “subregulation (1) or (1a)”; and
(c) by omitting subregulation (3).
“21a. A person who was the holder of a relevant permission, or to whom an authority was granted in relation to a relevant permission, may be convicted of an offence by reason of his or her failure to comply with a condition of the permission notwithstanding that the permission has been revoked or has otherwise ceased to be in force.
“21b. (1) A person shall not, without the written permission of the Authority, take a living terrestrial animal onto, or knowingly permit a living terrestrial animal to enter upon, any island or part of an island within the Marine Park, being an island or part of an island owned by the Commonwealth.
Penalty: $1,000.
“(2) Subregulation (1) does not apply to or in relation to the taking by a blind person of his or her guide dog onto an island or part of an island referred to in that subregulation.”.
(a) by inserting after subregulation (1) the following subregulation:
“(1a) Where the Authority makes a decision:
(a) in respect of an application for a relevant permission, a permission to carry on a prescribed activity in an unzoned area or a permission referred to in regulation 15, 18 or 21b; or
(b) suspending or revoking such a permission;
the Authority shall, as soon as practicable after making the decision, cause a notice of the decision setting out the reasons for the decision to be published in the
Gazette. ”;(b) by insetting in paragraph (2) (a) “, 18 or 21b” after “regulation 15”; and
(c) by omitting from subregulation (2) “the decision first comes to the notice of the person” and substituting “the notice of the decision is published in the
Gazette ”.
“All species of marine plant”
and substituting:
“All species of plants”.
ANIMALS, PLANTS AND MARINE PRODUCTS
PART I—ANIMALS
Fish
All species of each of the following:
Family Chaetodontidae
Family Pomacentridae
Family Holocentridae
Family Syngnathidae
Genus Pterois
Genus Brachirus
Genus Pteropterus
Family Apogonidae
Genus Choerodon
Genus Cirrhitichthys
Genus Paracirrhites
Genus Anampses
Genus Epibulus
Genus Gomphosus
Genus Labroides
Genus Macropharyngodon
Genus Stethojulis
Genus Thalassoma
Family Blenniidae
Family Clinidae
Family Gobiidae
Family Acanthuridae
Genus Lo
Family Ostraciontidae
Invertebrates
All species of each of the following:
Phylum Annelida (except Class Polychaeta)
Phylum Porifera
Phylum Coelenterata
Phylum Bryozoa
Phylum Echinodermata
Class Foraminifera
Class Crustacea (except Family Palinuridae, Family Penaeidae, Family Scyllaridae, Section Brachyura, Genus Upogebia, Genus Callianassa)
Class Gastropoda
Class Bivalvia (except Family Amusiidae, Family Ostreidae, species Plebidonax deltoides)
Family Nautilidae
Reptiles
All species of each of the following:
Family Cheloniidae
Family Dermochelyidae
Family Laticaudidae
Family Hydrophiidae
Family Acrochordidae
Family Crocodyllidae
Mammals
All species of each of the following:
Sub-order Mysticeti
Sub-order Odontoceti
Order Sirenia
PART II—PLANTS
All species of plants
PART III—MARINEPRODUCTS
sea shells
coral limestone
shell-grit
star sand
PROTECTED SPECIES
Epinephelus tukula (potatoe cod)
Epinephelus tauvina (estuary or greasy cod)
Promicrops lanceolatus (giant groper)
1. Notified in the
2. Statutory Rules 1983 No. 262 as amended by 1985 No. 169; 1986 No. 1.
Printed by Authority by the Commonwealth Government Printer
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