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 and under section 4 of the
Dated 24 September 1991.
BILL HAYDEN
Governor-General
By His Excellency’s Command,
R. KELLY
Minister of State for the Arts, Sport, the Environment,
Tourism and Territories
____________
1.1 These Regulations commence on 1 October 1991.
2.1 The Great Barrier Reef Marine Park Regulations are amended as set out in these Regulations.
After regulation 26, insert:
“
“26a. (1) For the purposes of subsection 59f (2) of the Act, so much of the following information as the Minister considers is needed to enable a decision to be made in respect of an application, is prescribed information in relation to the application:
the name and address of the applicant;
(b) identification of the subject regulated ship by registered name, registered callsign and country of registration;
(c) description of the ship by type, maximum length, maximum width, maximum draft and maximum displacement;
(d) the proposed maximum draft of the ship during navigation in the compulsory pilotage area;
(e) details of:
(i) the design of the ship; and
(ii) the material of which the hull is constructed;
(f) details of:
(i) the geographic area of the compulsory pilotage area in which the ship will be navigated; and
(ii) the purpose of the navigation;
(g) details of the intended operations of the ship that are of relevance to the application and the schedule for those operations;
(h) details of operational navigational equipment with which the ship is fitted;
(i) in respect of the persons who will be the master, and the navigational watchkeepers, of the ship at any time when it is in the compulsory pilotage area, details of:
(i) their maritime qualifications; and
(ii) their recent navigational experience in the compulsory pilotage area;
(j) details of:
(i) the maximum quantity of oil the ship is capable of carrying; and
(ii) the types, quantities and location in the ship of oil intended to be carried in the compulsory pilotage area;
(k) details of cargo on the ship, including, if hazardous goods are carried, the types and quantities of the hazardous goods.
“(2) In this regulation:
(a) dangerous goods within the meaning of section 248 of the
Navigation Act 1912 ; and(b) noxious liquid substances within the meaning of Part III of the
Protection of the Sea (Prevention of Pollution from Ships) Act 1983 ;
“26b. (1) If the Minister considers that the information contained in an application under section 59f of the Act is insufficient to enable a decision to be made in respect of the application, the Minister may, in writing, request the applicant to give such further information as is specified in the request.
An application is taken to have lapsed if the applicant does not give the further information before:
(a) the end of 60 days after the Minister makes the request to the applicant; or
the end of any longer period that the Minister allows.
“26c. An exemption granted under section 59f of the Act may be expressed to be conditional on compliance by the recipient with any requirements the Minister specifies to be necessary to attain the objects of Part VIIa of the Act.
“26d. If, before a ship for which exemption is given under section 59f of the Act leaves the compulsory pilotage area:
(a) information given to the Minister by the applicant for the exemption becomes inaccurate; and
(b) the matter so affecting that information is a matter that, if known by the Minister, could alter the Minister’s opinion under subsection 59f (3) of the Act;
the master or owner of the ship must inform the Minister, in writing and without delay, of that matter.
“26e. If:
(a) a condition specified in relation to the grant of an exemption is contravened by the recipient; or
(b) regulation 26d is contravened by the owner and master of an exempted ship;
the relevant exemption is taken to be of no effect.”.
Omit the heading, substitute:
“
Omit the regulation, substitute:
(1) Subject to regulation 29, there is payable to the Authority, for an assessment under regulation 26 in respect of an application for a permission to carry on an activity of a commercial nature in the Marine Park that is an activity listed in Column 2 in Schedule 4, the fee specified:
(a) if the application is for an initial permission—in Column 3 of Schedule 4 in relation to the activity; or
(b) if the application is for continuation of a permission—in Column 4 of Schedule 4 in relation to the activity.
The fee for an activity that is referred to in more than one item or subitem in Column 2 of Schedule 4 is the higher or highest of the fees specified in relation to the activity in Column 3 or Column 4 of the Schedule, as the case requires.”.
Subregulation 29 (1):
Omit “to be imposed for”, substitute “in respect of”.
Subregulation 29 (1):
Omit “for the application determined in accordance with Schedule 4;”, substitute “determined in accordance with regulation 28;”.
After regulation 32, add:
There is payable to the Authority, with an application for a decision under section 59f of the Act, a fee of $ 500.”.
Omit the Form, substitute:
“FORM OF IDENTITY CARD
commonwealth of australia
IDENTITY CARD
(
The person whose name, signature and photograph appear
on this card is an inspector under the
(
Identification No:
Dated:
Signature Issuing officer:
Great Barrier Reef Marine Park Authority”.
_____________
Omit the heading, substitute:
“fees for assessments in respect of applications for permission”.
1. Notified in the
2. Statutory Rules 1983 No. 262 as amended by 1985 No. 169; 1987 No. 247; 1988 No. 185; 1989 Nos. 269, 367 and 368; 1990 Nos. 9 and 35; 1991 Nos. 63 and 257.
0
0
0