Great Barrier Reef Marine Park Regulations (Amendment) (Cth)
1,
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 12 July 1985.
N. M. STEPHEN
Governor-General
By His Excellency’s Command,
Barry Cohen
Minister of State for
Arts, Heritage and Environment
(a) by inserting after the definition of “Cormorant Pass Section” in sub-regulation (1) the following definition:
“ ‘prescribed activity’ means—
(a) the building, assembling or fixing in position of structures;
(S.R. 171/85)—Cat. No Recommended retail price 80c 8/26.6.1985
(b) the operating in the one vicinity for more than 14 consecutive days or for more than 30 days in any period of 60 days of vessels with provision for more than 8 sleeping berths;
(c) the carrying out of reclamation works, beach protection works, road building works or any other works;
(d) the construction of landing areas;
(e) the construction of facilities for the farming of marine resources;
(f) the conduct of operations in or upon, or the maintenance of, a vessel to which paragraph (b) refers or any structure, landing area or farming facility; or
(g) the demolition or removal of any structure, landing area or farming facility;”;
(b) by inserting after the definition of “the Act” in sub-regulation (1) the following definition:
“ ‘unzoned area’ means that part of the Marine Park in respect of which no zoning plan is in force;”; and
(c) by omitting the definition of “zoning plan” and substituting the following definition:
“zoning plan” means a zoning plan in respect of a zone;”.
(a) by omitting sub-regulation (3) and substituting the following sub-regulation:
“(3) An application to the Authority for a relevant permission 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 that is to be used or entered;
(c) the name of the zone that is to be used or entered;
(d) the purposes for which the zone is to be used or entered;
(e) any prudent and feasible alternatives to the proposed use or entry;
(f) the proposed movements in the zone of any person proposing to use or enter the zone;
(g) the location of the use of, or entry into, the zone, including the name of the shoals or reefs (if any) on or near which such use or entry is proposed;
(h) the period in respect of which the relevant permission is sought;
(j) the means of transport to be used in respect of the use of, or entry into, the zone; and
(k) where permission is required in respect of more than one person, the maximum number of persons in respect of whom the permission is to apply,
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.”; and
(b) by omitting sub-regulation (5) and substituting the following sub-regulation:
“(5) In considering an application for a relevant permission, the Authority shall have regard to the matters to which, under the relevant zoning plan, the responsible agency is required to have regard.”.
(a) by omitting from sub-regulation (1) “within 70 days after the receipt of the application”; and
(b) by omitting paragraph (l) (b) and substituting the following paragraph:
“(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”.
“10. (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 sub-regulation (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.”.
(a) by omitting from sub-regulation (2) “Where” and substituting “Subject to sub-regulation 20 (1), where”; and
(b) by omitting sub-regulations (3) and (4).
(a) by omitting sub-regulation (7) and substituting the following sub-regulations:
“(7) If, after having given due consideration to any representations made under sub-regulation (6) in relation to the proposed declaration of the part of the zone, the Authority decides not to make such a declaration or decides to declare a smaller part of the area than that originally proposed, the Authority shall, by notice in writing, state that it does not propose to make such a declaration or that it has decided to declare a smaller part of the area than that originally proposed, as the case may be.
“(7a) Where the Authority has under sub-regulation (7) stated that it has decided to declare a smaller part of the area than that originally proposed, it need not publish a notice under sub-regulation (5) in relation to that smaller area.”; and
(b) by inserting after sub-regulation (8) the following sub-regulations:
“(8a) The Authority may at any time, by notice in writing, revoke a declaration made under this regulation.
“(8b) Where the Authority has revoked a declaration under sub-regulation (8a) it shall, by notice in writing, state that the area that was the subject of the declaration is no longer a Replenishment Area, a Seasonal Closure Area, a Reef Appreciation Area, a Reef Research Area or an Aircraft Landing Area, as the case may be.”.
(a) by omitting from sub-regulation (2) “Where” and substituting “Subject to sub-regulations (2a), (2b) and (2c), where,”;
(b) by inserting after sub-regulation (2) the following sub-regulations:
“(2a) Until the expiration of 21 days after the day on which a zoning plan comes into force, sub-regulation (2) does not apply to a person in respect of a prescribed activity or an activity referred to in regulation 15 where immediately before that day that person was carrying on that activity with the permission of the Authority.
“(2b) Sub-regulation (2a) does not exempt from the operation of sub-regulation (2) a person who has, within the period referred to in
sub-regulation (2a), made an application under regulation 7 to use or enter the zone in respect of that activity and that application has been refused.
“(2c) If, within a period of 21 days after the day on which a zoning plan comes into force, a person referred to in sub-regulation (2a) applies for a permission to use or enter a zone in respect of the activity referred to in that sub-regulation, sub-regulation (2) does not thereafter apply to that person in respect of that use or entry unless that person’s application has lapsed under sub-regulation 10 (3) or has been dealt with by the Authority in accordance with sub-regulation 11 (1).”; and
(c) by inserting in sub-regulation (3) “or has conditions imposed upon it or varied under sub-regulation 20 (1)” after “conditions” (first occurring).
“13a. (1) Subject to sub-regulations (2), (3) and (4), a person shall not carry on a prescribed activity in the unzoned area without the permission in writing of the Authority.
Penalty: $5,000.
“(2) Until the expiration of 21 days after the date of commencement of sub-regulation (1), that sub-regulation does not apply to a person, in relation to a prescribed activity, who immediately before that day was carrying on that prescribed activity in the unzoned area.
“(3) Sub-regulation (2) does not exempt from the operation of sub-regulation (1) a person who has, within the period referred to in sub-regulation (2), made an application under regulation 13b for a permission to carry on that prescribed activity and that application has been refused.
“(4) If within a period of 21 days after the commencement of sub-regulation (1), a person referred to in sub-regulation (2) applies for a permission to undertake in the unzoned area the prescribed activity referred to in that sub-regulation, sub-regulation (1) does not thereafter apply to that person in respect of that use or entry unless that person’s application has lapsed under sub-regulation 13e (2) or has been dealt with by the Authority in accordance with sub-regulation 13f (1).
“(5) Where a permission referred to in sub-regulation (1) is expressed to be subject to conditions or has conditions imposed upon it under sub-regulation 20 (1), the person to whom the permission is granted shall not carry on the prescribed activity to which the permission relates otherwise than in accordance with those conditions.
Penalty: $5,000.
“13b. An application to the Authority for a permission to carry on a prescribed activity in the unzoned area shall be in writing and shall specify
(a) the name and address of the person making the application;
(b) the place where the prescribed activity is to be carried out and the name of the reef or shoals (if any) on or near which the prescribed activity is proposed;
(c) the objectives associated with carrying on the prescribed activity;
(d) any prudent and feasible alternatives to the prescribed activity;
(e) the means of transport to be used in connection with the carrying on of the prescribed activity;
(f) the estimated maximum number of persons who will enter the unzoned area for purposes associated with or related to the prescribed activity at any time; and
(g) the period in respect of which the permission is sought,
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.
“13c. In considering an application for a permission to carry on a prescribed activity in the unzoned area, the Authority shall have regard to—
(a) the orderly and proper management of the Marine Park;
(b) the conservation of the natural resources of the Marine Park;
(c) the existing use and amenity and the future or desirable use and amenity of the area in the vicinity of the prescribed activity with particular regard to implications relating to the preparation under section 32 of the Act of a zoning plan for the area;
(d) the size, extent and location of the prescribed activity in relation to any nearby use of the Marine Park;
(e) the likely effects of the prescribed activity on the area in the vicinity of the prescribed activity and any possible effects on the environment;
(f) the means of access to and egress from the site of the prescribed activity and the adequacy of provisions for aircraft or vessel mooring, landing, parking, loading or unloading;
(g) health and safety aspects in relation to the carrying on of the prescribed activity;
(h) the adequacy of the construction of the structures, landing areas, farming facilities or vessels to which the prescribed activity relates;
(j) arrangements for the removal, upon the expiration of the permission, of any structure, landing area, farming facility or vessel to which an application for a permission relates; and
(k) arrangements for making good any damage caused to the Marine Park by a prescribed activity.
“13d. (1) Where in considering an application for a permission to carry on a prescribed activity in the unzoned area the Authority considers that the granting of the 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—
(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 permission to carry on a prescribed activity in relation to which public notice is required to be given in accordance with sub-regulation (1), the Authority shall give due consideration to any comments in writing received by it in response to such a notice.
“(3) In sub-regulation (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 in which the prescribed activity is to be carried on.
“13e. (1) The Authority may, in respect of an application for a permission to carry on a prescribed activity, 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 sub-regulation (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.
“13f. (1) Where a person has made an application for a permission to carry on a prescribed activity in the unzoned area and has complied with any requirement of, or request duly made by, the Authority in relation to the application, the Authority shall—
(a) grant the 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 the permission.
“(2) Subject to sub-regulation 20 (1), where a permission referred to in sub-regulation (1) 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 such conditions so that the conditions, as varied, are necessary for the attainment of the object of the Act.
“(3) A permission granted under this regulation remains in force for such period as is specified in the permission unless it is sooner surrendered or revoked.”.
“13g. (1) Where—
(a) a relevant permission or a permission under sub-regulation 13f (1) has at any time been granted to a person in relation to any prescribed property;
(b) there is no longer a relevant permission or a permission under sub-regulation 13f (1) in force in relation to that prescribed property; and
(c) the prescribed property is in the Marine Park,
the Authority may order a person, who in relation to the prescribed property is a prescribed person, to remove that property from the Marine Park within a reasonable time.
“(2) A person who fails to comply with an order under sub-regulation (1) is guilty of an offence punishable, upon conviction, by a fine not exceeding $1,000 for each day during which the offence continues.
“(3) In sub-regulation (1)—
‘prescribed person’ means—
(a) the owner of the property; or
(b) the person who last held a relevant permission or a permission under sub-regulation 13f (1), as the case may be, in relation to that property;
‘prescribed property’ means any structure or vessel.”.
(a) by inserting in sub-regulation (1) “a permission to carry on a prescribed activity in the unzoned area” after “relevant permission,”;
(b) by adding at the end of sub-regulation (1) “, vary the conditions or impose additional conditions upon the permission”;
(c) by inserting in sub-regulation (2) “, varies conditions or imposes additional conditions on the permission” after “permission” (first occurring);
(d) by omitting sub-regulation (3) and substituting the following sub-regulation;
“(3) Where the Authority suspends a permission, varies conditions or imposes additional conditions on the permission under sub-regulation (1) it shall investigate the matter in respect of which the permission was suspended, the conditions varied or the additional conditions imposed.”;
(e) by inserting in sub-regulation (4) “, the conditions varied or additional conditions imposed” after “suspended”;
(f) by adding at the end of sub-regulation (4) “or variation of conditions or withdraw the additional conditions”; and
(g) by omitting sub-regulation (5) and substituting the following sub-regulation:
“(5) Notwithstanding anything contained in this regulation, a suspension, a variation of conditions or an imposition of additional conditions under sub-regulation (1) ceases to apply upon the expiration of a period of 10 days commencing on the day on which the permission was suspended, the conditions varied or the additional conditions imposed.”.
“(a) in respect of an application for a relevant permission, a permission to carry on a prescribed activity in the unzoned area or a permission referred to in regulation 15; or”.
“22a. (1) Where a reviewable decision is made by the Authority and notice in writing is given to the person affected by the decision, that notice shall include a statement to the effect that a person affected by the decision—
(a) may request the Authority to reconsider the decision; and
(b) may, subject to the
Administrative Appeals Tribunal Act 1975 ,if the person is dissatisfied with a decision made by the Authority under sub-regulation 22 (4) affirming or varying the reviewable decision make application to the Administrative Appeals Tribunal for review of the decision.
“(2) Where the Authority
makes a decision under sub-regulation 22 (4) affirming or varying a reviewable
decision, the notice given under sub-regulation 22 (5) shall include a
statement to the effect that a person affected by the decision so affirmed or
varied may, subject to the
“(3) Any failure to comply with the requirements of sub-regulation (1) or (2) in relation to a decision does not affect the validity of the decision.
“(4) In this regulation, “reviewable decision” means a decision referred to in sub-regulation 22 (2).”.
(a) by omitting—
“Phylum Echinodermata”
and substituting—
“Phylum Echinodermata (except species Acanthaster planci)”; and
(b) by inserting—
“Family Crocodyllidae”
after—
“Family Acrochordidae”.
SCHEDULE 1 a Sub-regulation 6 (2)
DECLARED ANIMALS
Fish
All species of each of the following:
Family Chactodontidae
Family Pomacentridae
Family Holocentridae
Family Syngnathidae
Genus Pterois
Genus Brachirus
Genus Pteropterus
Family Apogonidae
Genus Cirrhitichthys
Genus Paracirrhites
Genus Anampses
Genus Epibulus
Genus Gomphosus
Genus Labroides
Genus Lienardella
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 Porifera
Phylum Coelenterata
Phylum Bryozoa
Phylum Echinodermata
Class Foraminifera
Class Crustacea (except Family Palinuridae, Family Penacidae, Family Scyllaridae, species Portunus sanguinolentus, males of the species Portunus pelagicus or Scylla serrata)
Class Gastropoda
Class Bivalvia (except Family Amusiidae)
Reptiles
All species of each of the following;
Family Cheloniidae
Family Dermochelyidae
Family Laticaudidae
Family Hydrophiidae
Family Acroehordidae
Family Crocodyllidae
Mammals
All species of each of the following:
Order Mysticeti
Order Odontoceti
Order Sirenia
1. Notified in the
2. Statutory Rules 1983 No. 262.
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