Great Barrier Reef Marine Park Zoning Plan 2003 (Cth)
Great Barrier Reef Marine Park Zoning Plan 2003
I, DAVID ALISTAIR KEMP, Minister for the Environment and Heritage, accept this Zoning Plan under subsection 32 (11) of the Great Barrier Reef Marine Park Act 1975.
Dated 2 December 2003
DAVID KEMP
Minister for the Environment and Heritage
Contents
Preface 1
AIntroduction 1
BThe Amalgamated Great Barrier Reef Section 2
CThe Great Barrier Reef Marine Park Zoning Plan 4
DAdditional management provisions 6
EZoning maps 7
Part 1Preliminary
1.1Name of Zoning Plan 11
1.2Commencement 11
1.3Application of Zoning Plan 11
1.4Revocation of previous Zoning Plans 11
1.5Interpretation — general 11
1.6Interpretation — geographic coordinates etc 12
1.7Application of Queensland, Commonwealth and international law 14
1.8Lawful taking of animals, plants or marine products 14
Part 2Zones
Division 2.1 Zoning of Amalgamated Great Barrier Reef Section
2.1.1Zoning of Amalgamated Great Barrier Reef Section 15
Division 2.2 General Use Zone
2.2.1Location of General Use Zone 16
2.2.2Objective for General Use Zone 16
2.2.3Use or entry without permission 16
2.2.4Use or entry with permission 17
Division 2.3 Habitat Protection Zone
2.3.1Location of Habitat Protection Zone 18
2.3.2Objectives for Habitat Protection Zone 18
2.3.3Use or entry without permission 18
2.3.4Use or entry with permission 19
Division 2.4 Conservation Park Zone
2.4.1Location of Conservation Park Zone 20
2.4.2Objectives for Conservation Park Zone 21
2.4.3Use or entry without permission 21
2.4.4Use or entry with permission 22
Division 2.5 Buffer Zone
2.5.1Location of Buffer Zone 23
2.5.2Objectives for Buffer Zone 23
2.5.3Use or entry without permission 23
2.5.4Use or entry with permission 24
Division 2.6 Scientific Research Zone
2.6.1Location of Scientific Research Zone 25
2.6.2Objectives for Scientific Research Zone 25
2.6.3Use or entry without permission 25
2.6.4Use or entry with permission 26
Division 2.7 Marine National Park Zone
2.7.1Location of Marine National Park Zone 27
2.7.2Objectives for Marine National Park Zone 27
2.7.3Use or entry without permission 27
2.7.4Use or entry with permission 27
Division 2.8 Preservation Zone
2.8.1Location of Preservation Zone 29
2.8.2Objective for Preservation Zone 29
2.8.3Use or entry without permission 29
2.8.4Use or entry with permission 29
Division 2.9 Commonwealth Islands Zone
2.9.1Location of Commonwealth Islands Zone 30
2.9.2Objectives for Commonwealth Islands Zone 30
2.9.3Use or entry without permission 30
2.9.4Use or entry with permission 31
Part 3Remote Natural Area
3.1Remote Natural Area 32
3.2Objectives for Remote Natural Area 32
3.3Use or entry for certain purposes not authorised 32
3.4Use or entry with permission 32
Part 4Designated Areas
Division 4.1 Shipping Areas
4.1.1Shipping Areas 33
4.1.2Objective for Shipping Areas 33
4.1.3Shipping management provision 33
Division 4.2 Special Management Areas
4.2.1Special Management Areas 33
4.2.2Objective for Special Management Areas 34
4.2.3Special management provisions — general 34
4.2.4Special management provision — Princess Charlotte Bay Special Management Area 35
Division 4.3 Fisheries Experimental Areas
4.3.1Objective of Fisheries Experimental Areas 35
4.3.2Designation of Fisheries Experimental Areas 35
4.3.3Special management provisions — Fork Reef (18-083) and unnamed reef (21-139) 36
4.3.4Special management provisions — unnamed reef (14-133) and Boulton Reef (20-146) 36
4.3.5‘Sunsetting’ of this Division 36
Part 5Additional purposes for use or entry
5.1Use or entry without permission or notification 37
5.2Use or entry without permission after notification 37
5.3Entry to zones for purpose of taking protected species etc 38
5.4Management activities 38
Schedule 1Amalgamated Great Barrier Reef Section — descriptions of Zones and Areas 39
Dictionary 202
Preface
A Introduction
1. The Great Barrier Reef Marine Park Act 1975 (the Act) provides for the establishment, control, care and development of the Great Barrier Reef Marine Park (the Marine Park). The Great Barrier Reef Marine Park Authority (the Authority) is responsible for the management of the Marine Park.
2. The Great Barrier Reef Marine Park Zoning Plan 2003 is the primary planning instrument for the conservation and management of the Marine Park.
3. In having regard to the objects set out in subsection 32 (7) of the Act, this Zoning Plan takes account of the world heritage values of the Marine Park and the principles of ecologically sustainable development. This Zoning Plan aims, in conjunction with other management mechanisms, to protect and conserve the biodiversity of the Great Barrier Reef ecosystem within a network of highly protected zones, while providing opportunities for the ecologically sustainable use of, and access to, the Great Barrier Reef Region by current and future generations.
4. In addition to the protection of representative areas of biodiversity, this Zoning Plan also provides for the protection of other areas of high conservation value by assigning protective zoning to a range of habitats such as coral reefs, sponge beds, seagrass beds and deep water areas, as well as important dugong habitats and other special or unique sites.
5. The Marine Park is managed as a multiple use area. This means that, while enhancing the conservation of the Marine Park, this Zoning Plan also provides for a range of recreational, commercial and research opportunities, and for the continuation of traditional activities.
6. This Zoning Plan expressly acknowledges the rights and interests of indigenous Australians in the Marine Park by providing for the management of the traditional use of marine resources, including traditional hunting, in accordance with Aboriginal and Torres Strait Islander custom and tradition.
7. The contributions of scientific research to the management and understanding of the Marine Park are also acknowledged in this Zoning Plan, which provides for the management of research in the Marine Park, including a system of Scientific Research Zones to facilitate research around scientific research stations.
8. This Zoning Plan builds on the framework established by previous zoning plans for the Far Northern, Cairns, Central, Mackay/Capricorn and Gumoo Woojabuddee Sections to provide a single, consistent zoning plan for the entire Marine Park. This Zoning Plan also provides zoning for the 28 new coastal areas which have been included in the Marine Park since the year 2000.
9. Many of the provisions of previous zoning plans have been revised and simplified in this Zoning Plan. This Zoning Plan also provides for the description of zone boundaries through a coordinate-based system. It is envisaged that, in addition to the conservation benefits, these changes will provide for a simpler, more consistent, and user-friendly basis for the management of activities within the Marine Park.
B The Amalgamated Great Barrier Reef Section
10. Since the declaration of the first area (or Section) of the Marine Park in 1983, the Marine Park has been progressively increased to its present area by the addition of new Sections.
11. The Far Northern Section, the Cairns Section, the Central Section and the Mackay/Capricorn Section were progressively declared to be parts of the Marine Park between 1983 and 1989. In 1998 the Gumoo Woojabuddee Section was declared to be a part of the Marine Park, and a further 28 new coastal Sections were declared to be parts of the Marine Park in 2000 and 2001.
12. The Amalgamated Great Barrier Reef Section (the AGBR Section) was proclaimed under subsection 31 (1) of the Act in 2003 (Gazette No. XXX dated XXX).
13. The AGBR Section covers more than 99% of the Great Barrier Reef Region and replaces all previously existing Sections (as listed in Table 1 at the end of this Preface). For administrative purposes, the AGBR Section is divided into 4 management areas:
the Far Northern Management Area
the Cairns/Cooktown Management Area
the Townsville/Whitsunday Management Area
the Mackay/Capricorn Management Area.
Although these management areas have no legislative effect, they approximate the areas of the previous 4 main Sections and provide a basis for the regional management of the Marine Park. Further sub-areas or regions may also be identified for particular management purposes.
14. The following map shows the location and extent of the AGBR Section.
C The Great Barrier Reef Marine Park Zoning Plan
15. The framework for the conservation and management of the AGBR Section is provided by this Zoning Plan, the requirements for the preparation of which are set out in section 32 of the Act.
16. Subsection 32 (7) of the Act provides that, in preparing a zoning plan, the Authority must have regard to a number of objects including the conservation of the Great Barrier Reef, the regulation of the use of the Marine Park so as to protect the Great Barrier Reef, the reservation of some areas for appreciation and enjoyment by the public, and the preservation of some areas in their natural state.
17. This Zoning Plan provides for the division of the AGBR Section into zones and makes provision for the purposes for which each zone may be used or entered. This Zoning Plan also provides for the management of remote natural areas of the Marine Park, and the designation of shipping and special management areas, as well as additional purposes for which zones may be used or entered.
Zones
18. Part 2 of this Zoning Plan divides the AGBR Section into 8 zones, named as follows:
General Use Zone
Habitat Protection Zone
Conservation Park Zone
Buffer Zone
Scientific Research Zone
Marine National Park Zone
Preservation Zone
Commonwealth Islands Zone.
19. The boundaries of the zones are set out in Parts 1 to 8 of Schedule 1 to this Zoning Plan.
20. This Zoning Plan sets out the purposes for which each zone may be used or entered without permission, and the purposes for which each zone may be used or entered only with the written permission of the Authority. The General Use Zone provides for the widest range of activities, while the Preservation Zone is the most restricted. The Commonwealth Islands Zone provides for the use or entry of areas of the Marine Park above mean low water on Commonwealth Islands. (The Marine Park does not include areas that form a part of Queensland.)
21. The operation of Part 2 (Zones) is subject to the provisions of Part 3 (Remote Natural Area), Part 4 (Designated Areas) and Part 5 (Additional purposes for use or entry), which are discussed below. The overlay of use or entry provisions within the zoned areas, as provided by or under Parts 3, 4 and 5, is an integral part of the zoning scheme.
Remote Natural Area
22. Part 3 (Remote Natural Area) of this Zoning Plan provides for the establishment of the Remote Natural Area to ensure that the Area is recognised and managed for its natural and undeveloped character. The provisions of this Zoning Plan for the Remote Natural Area are primarily concerned with recreational and tourism use or amenity, and are intended to encourage recognition of the value of the area as remote destinations for low levels of nature-based tourism and private recreation. The Remote Natural Area is also intended to be largely free from structures and permanently moored facilities, and to restrict certain works such as dredging and spoil disposal.
23. The boundary of the Remote Natural Area established at the commencement of this Zoning Plan is set out in Part 9 of Schedule 1 to this Zoning Plan. The approximate location of the Remote Natural Area is shown on relevant zoning maps accompanying this Zoning Plan. Regulations made under the Act may from time to time designate further zoned areas as part of the Remote Natural Area.
Designated Areas
24. Part 4 (Designated Areas) of this Zoning Plan provides for 3 kinds of Designated Areas within zoned areas.
25. Shipping Areas are intended to facilitate passage through the Marine Park by ships. A Shipping Area is an area within which ships may navigate through the Marine Park, subject to any limitations prescribed in the Regulations. The Shipping Areas designated at the commencement of this Zoning Plan are described in Part 10 of Schedule 1 to this Zoning Plan. Further Shipping Areas may be designated in the Regulations.
26. Special Management Areas are parts of the zoned areas where specific management measures are necessary — for example, to regulate access or activities in heavily used areas, to protect resources, to allow for the replenishment of resource stocks, or to ensure public safety. The Special Management Areas may be applied on a temporary, seasonal or permanent basis as prescribed in the Regulations. The Authority may also designate Special Management Areas in accordance with the Regulations to deal with situations requiring immediate management action.
27. Fisheries Experimental Areas provide for the continuation of scientific research into the effects of line fishing on the fish stocks and ecosystems of the Great Barrier Reef through the Effects of Line Fishing Experiment, which is being conducted by the Cooperative Research Centre for the Great Barrier Reef World Heritage Area. The Experiment commenced in 1995 and is due to be completed in 2005, after which the Fisheries Experimental Areas will revert to their underlying zoning. The Fisheries Experimental Areas are described in Part 11 of Schedule 1 to this Zoning Plan.
Additional purposes for use or entry
28. Part 5 (Additional purposes for use or entry) of this Zoning Plan provides for use or entry to zones for purposes in addition to those for which provision is made in Part 2 (Zones), Part 3 (Remote Natural Area) and Part 4 (Designated Areas). Such purposes include access for the purposes of safety, emergencies, environmental monitoring, navigational aids, defence operations, government survey, and Aboriginal or Torres Strait Islander custom or tradition.
Enforcement of this Zoning Plan
29. The provisions of this Zoning Plan are enforced by sections 38A to 38E of the Act (which set out offences relating to use or entry of a zone for purposes that are not permitted, or in contravention of permission requirements or conditions) and sections 38M to 38MB of the Act (which set out offences relating to the use of ships). Contravening notification requirements or directions of the Authority is also an offence.
D Additional management provisions
30. In addition to this Zoning Plan, regard should be had to the Great Barrier Reef Marine Park Act 1975, the Regulations, and any plans of management or policies of the Authority in force from time to time. Additional restrictions or requirements may also apply with respect to a particular use or entry of a place or conduct of an activity under another law of the Commonwealth or under a Queensland law.
Plans of management
31. Under Part VB of the Act, the Authority may prepare plans of management, that are more detailed than this Zoning Plan, to provide for the management of natural and cultural heritage values, the use of particular areas of the Marine Park, or the conservation of species or ecological communities within the Marine Park.
32. Under Part VB of the Act, the Authority may enter into an agreement or arrangement with a community group (including an Aboriginal or Torres Strait Islander group) that has a special interest in an area of the Marine Park. The agreement or arrangement may relate to the development or implementation, or both, of a plan of management and may provide that the community group is to manage the area (or a species or an ecological community within the area) jointly with the Authority in accordance with the plan of management.
Regulations
33. The Great Barrier Reef Marine Park Regulations 1983 are made under section 66 of the Act. Among other things, the Regulations give effect to aspects of this Zoning Plan. They provide for a range of matters, including the conduct of activities in a zone or a part of a zone. They also provide for the designation of areas and for the process of obtaining permissions required for the use or entry of zones under this Zoning Plan.
Other provisions of the Act
34. The Great Barrier Reef Marine Park Act 1975 also provides that:
no operations for the recovery of minerals may be carried on in the Marine Park, except where such operations are carried out with the approval of the Authority under subsection 38 (3) of the Act for the purposes of research and investigations relevant to the establishment, care and development of the Marine Park or for scientific research;
waste may not be discharged into the Marine Park other than in accordance with section 38J of the Act and subject to the provisions of the Regulations;
a scheme of compulsory pilotage is imposed on regulated ships in the compulsory pilotage area (that part of the Great Barrier Reef Region prescribed by the Regulations);
an Environmental Management Charge is imposed on chargeable permissions;
· the provisions of the Act apply to all persons, including foreigners, and to all vessels and aircraft, including foreign vessels and aircraft, whether or not they are within the limits of Australia and the Australian coastal sea, subject to the obligations of Australia under international law, including obligations under any agreement between Australia and another country or countries.
E Zoning maps
35. A zoning map shows the general location of zones. From time to time the Authority may produce zoning maps and other map-based products, including guides to zoning at various scales, to illustrate and interpret this Zoning Plan for ease of understanding and for education. Although these products may display zoning to a high degree of mapping accuracy, they have no legal effect and are not a substitute for the zone boundary descriptions provided in Schedule 1 to this Zoning Plan.
36. Schedule 1 sets out the definitive boundaries for the zones and other areas described in this Zoning Plan. Each zoned location has a unique identifier (for example, MNP–11–031). This identifier is used in Schedule 1 where each zone is described, and allows zoned locations to be identified on zoning maps.
37. The boundaries of the Remote Natural Area and some Designated Areas are described in Schedule 1. However, after this Zoning Plan commences, further areas may be designated in accordance with the Regulations. Descriptions of the Remote Natural Area or Designated Areas designated after the commencement of this Zoning Plan will be published on the Authority’s web-site ( 1 — Sections of the Marine Park replaced by the AGBR Section
(Preface, paragraph 13)
Name of Section
Date of gazettal
Gazette No.
Far Northern Section 31 August 1983 S 195 Cairns Section 13 September 1989 GN 35 Central Section 15 October 1984 S 409 Mackay/Capricorn Section 24 September 1987 S 247 Gumoo Woojabuddee Section 14 January 1998 GN 2 Shadwell Section 2 August 2000 GN 30 Heathlands Section 2 August 2000 GN 30 Margaret Bay Section 2 August 2000 GN 30 Indian Bay Section 2 August 2000 GN 30 Fair Cape Section 2 August 2000 GN 30 Weymouth Section 13 December 2000 GN 49 Night Island Section 2 August 2000 GN 30 Claremont Section 2 August 2000 GN 30 Bathurst Head Section 13 December 2000 GN 49 Ninian Bay Section 2 August 2000 GN 30 Cape Flattery Section 4 July 2001 GN 26 Cooktown Section 22 December 2000 S 671 Wet Tropics Coast Section 4 July 2001 GN 26 Clump Point Section 22 December 2000 S 671 Mission Beach Section 2 August 2000 GN 30 Halifax Bay Section 4 July 2001 GN 26 Cleveland Bay Section 4 July 2001 GN 26 Burdekin Section 2 August 2000 GN 30 Edgecumbe Section 4 July 2001 GN 26 Airlie Beach Section* 4 July 2001 GN 26 Repulse Bay Section 2 August 2000 GN 30 Sandringham Section* 4 July 2001 GN 26 Broad Sound Section 22 December 2000 S 671 Farnborough Section 4 July 2001 GN 26 Keppel Bay Section 4 July 2001 GN 26 Curtis Island Section 22 December 2000 S 671 Boyne Section 4 July 2001 GN 26 Bustard Bay Section 2 August 2000 GN 30 * Amended by the Great Barrier Reef Marine Park (Declared Areas) Amendment
Proclamation 2001 (No. 1).
Great Barrier Reef Marine Park Zoning Plan 2003
The GREAT BARRIER REEF MARINE PARK AUTHORITY has prepared this Zoning Plan under section 32 of the Great Barrier Reef Marine Park Act 1975.
Dated 26 November 2003
Part 1 Preliminary
1.1 Name of Zoning Plan
This Zoning Plan is the Great Barrier Reef Marine Park Zoning Plan 2003.
1.2 Commencement
This Zoning Plan comes into operation on the date specified in a notice published in the Gazette under subsection 33 (5) of the Act.
1.3 Application of Zoning Plan
This Zoning Plan applies to the Amalgamated Great Barrier Reef Section of the Marine Park.
Note The Amalgamated Great Barrier Reef Section is defined in the Regulations — see the Dictionary.
1.4 Revocation of previous Zoning Plans
The following Zoning Plans, as amended and in force immediately before the commencement of this Zoning Plan, are revoked:
(a) the Central Section Zoning Plan that came into operation on 1 October 1987;
(b) the Mackay/Capricorn Section Zoning Plan that came into operation on 1 August 1988;
(c) the Cairns Section Zoning Plan that came into operation on 3 April 1992;
(d) the Far Northern Section Zoning Plan that came into operation on 15 April 2002;
(e) the Gumoo Woojabuddee Section Zoning Plan that came into operation on 20 December 2002.
1.5 Interpretation — general
(1) The dictionary at the end of this Zoning Plan defines particular words and expressions, and, for that purpose, includes references to certain words and expressions that are defined in the Act or Regulations, or in other legislation.
(2) Unless the contrary intention appears, a definition in or applying to this Zoning Plan applies to each use of the word or expression in this Zoning Plan.
(3) A reference in a definition in the Dictionary to a limitation prescribed in the Regulations includes a condition or limitation by or in terms of any of the following:
(a) apparatus or method used;
(b) place;
(c) season, or time of year;
(d) in relation to fish or marine animals taken — species, size, number, condition, sex, or maturity;
(e) in relation to plants taken — species, size, number, condition, sex, or maturity;
(f) in relation to marine product taken — kind or quantity;
(g) any other matter.
(4) An example in this Zoning Plan is not part of this Zoning Plan.
(5) If this Zoning Plan includes an example of the operation of a provision of the Plan:
(a) the example is not exhaustive; and
(b) if the example is inconsistent with the provision, the provision prevails.
(6) Headings of Parts, Divisions and sections in this Zoning Plan are part of this Zoning Plan.
(7) A note in this Zoning Plan is explanatory and is not part of this Zoning Plan.
(8) The Preface to this Zoning Plan is explanatory and is not part of this Zoning Plan.
(9) A zoning map that accompanies this Zoning Plan is indicative only and is not part of this Zoning Plan.
1.6 Interpretation — geographic coordinates etc
(1) In this Zoning Plan, all references to geographic coordinates are expressed in terms of the Geocentric Datum of Australia 1994.
Note The Geocentric Datum of Australia 1994 (also known as GDA 94) was published in Gazette No. GN 35 of 6 September 1995.
(2) Unless otherwise specified in this Zoning Plan, a boundary is taken to follow the geodesic between 2 coordinates.
(3) For this Zoning Plan, if the boundary descriptions of 2 zones described in Schedule 1 partly or completely overlap, the area of overlap is taken to be part of the highest applicable zone specified in the following list:
(a) Preservation Zone;
(b) Scientific Research Zone;
(c) Marine National Park Zone;
(d) Buffer Zone;
(e) Conservation Park Zone;
(f) Habitat Protection Zone;
(g) General Use Zone.
(4) For subsection (3):
(a) the highest applicable zone is specified by paragraph (3) (a); and
(b) successively lower applicable zones are specified by paragraphs (3) (b) to (f); and
(c) the lowest applicable zone is specified by paragraph (3) (g).
(5) An area that is part of the Commonwealth Islands Zone is not part of any other zone.
Examples for subsections (3), (4) and (5)
1. The boundary of the Habitat Protection Zone described in Part 2 of Schedule 1 does not include any area within that boundary that is described in Part 3 (Conservation Park Zone), Part 4 (Buffer Zone), Part 5 (Scientific Research Zone), Part 6 (Marine National Park Zone), Part 7 (Preservation Zone) or Part 8 (Commonwealth Islands Zone) of Schedule 1.
2. An area that is within the boundary description of the Marine National Park Zone and also within the boundary description of the Habitat Protection Zone is zoned as part of the Marine National Park Zone (because the Habitat Protection Zone is a lower applicable zone than the Marine National Park Zone).
Note for subsections (3), (4) and (5) Zones described in Schedule 1 are described with reference to their outermost boundary and do not include areas of other zones that may fall within that boundary description — see the examples below and the notes to Parts 1 to 8 of Schedule 1.
(6) Each zoned location described in Schedule 1 to this Zoning Plan is given a unique identifier and a location description.
Example for subsection (6)
The area of the Marine National Park Zone that forms a cross-shelf transect in northern Cape York and includes the Great Detached Reef (11–244) is described in Part 6 of Schedule 1 and is given the unique identifier MNP–11–1004.
(7) In this Zoning Plan, a reference to the 100 metre, 500 metre or 1 kilometre line is a reference to a notional line every point on which is 100 metres, 500 metres or 1 kilometre, as the case may be, seaward from the nearest point of the reef edge to which the line relates.
(8) In this Zoning Plan, a reference to the coastal 100 metre, 500 metre or 1 kilometre line is a reference to a notional line every point on which is:
(a) 100 metres, 500 metres or 1 kilometre, as the case may be, seaward from the nearest point of the land at low water to which the line relates; or
(b) if a fringing reef is adjacent to the land — 100 metres, 500 metres or 1 kilometre, as the case may be, seaward from the nearest point of the reef edge to which the line relates.
(9) In this Zoning Plan, a reference to the 5 kilometre line is a reference to a notional line every point on which is 5 kilometres seaward from the nearest point of the land at low water to which the line relates.
1.7 Application of Queensland, Commonwealth and international law
(1) This Zoning Plan does not apply to an island, or a part of an island, that forms part of Queensland and is not owned by the Commonwealth.
(2) This Zoning Plan does not authorise an act or omission that would, apart from the plan, contravene:
(a) the Act, the Regulations or a plan of management; or
(b) any other law of the Commonwealth or Queensland in force in the Amalgamated Great Barrier Reef Section; or
(c) an obligation of Australia under international law.
(3) Nothing in this Zoning Plan is intended to extinguish any native title rights and interests.
(4) Nothing in this Zoning Plan is intended to affect the operation of section 211 of the Native Title Act 1993 in relation to any provision of this Zoning Plan.
1.8 Lawful taking of animals, plants or marine products
A reference in this Zoning Plan to the use of a vessel, or a net, hand-held implement or other apparatus, for the taking of animals, plants or marine products, is a reference to the lawful use of that vessel, net, hand-held implement or apparatus in accordance with Queensland fisheries legislation.
Part 2 Zones
Note The Act includes the following provisions relating to zones, and imposes penalties for breaches of the provisions:
(a) a person must not use or enter a zone for a purpose that is not permitted under a Zoning Plan — Act, section 38A;
(b) if, under this Zoning Plan, permission is needed to use or enter a zone for a particular purpose, a person must not use or enter the zone for that purpose without permission — Act, section 38B;
(c) a person who has permission to use or enter a zone for a particular purpose must not contravene a condition of that permission — Act, section 38C;
(d) a person must not use or enter a zone for fishing of a kind that is not permitted under a Zoning Plan — Act, section 38CA;
(e) if permission is needed for fishing in a particular zone, a person must not use or enter that zone for fishing without permission — Act, section 38CB;
(f) a person who has permission to use or enter a zone for fishing must not contravene a condition of that permission — Act, section 38CC;
(g) a person is guilty of an offence if the person operates a ship and the ship is in a zone that it is not permitted to be in under this Zoning Plan — Act, section 38M;
(h) if permission is needed for a ship to be in a zone, the person operating the ship is guilty of an offence if the ship is in the zone without permission — Act, section 38MA;
(i) if a permission has been given to a person to operate a ship in a zone, the person must not contravene a condition of that permission — Act, section 38MB.
Division 2.1 Zoning of Amalgamated Great Barrier Reef Section
2.1.1 Zoning of Amalgamated Great Barrier Reef Section
For the purposes of the Act, the Amalgamated Great Barrier Reef Section is divided into the zones described in Schedule 1 and named as follows:
(a) the General Use Zone;
(b) the Habitat Protection Zone;
(c) the Conservation Park Zone;
(d) the Buffer Zone;
(e) the Scientific Research Zone;
(f) the Marine National Park Zone;
(g) the Preservation Zone;
(h) the Commonwealth Islands Zone.
Division 2.2 General Use Zone
2.2.1 Location of General Use Zone
The General Use Zone consists of the areas described in Part 1 of Schedule 1.
Note The General Use Zone is indicated by light blue shading on zoning maps.
2.2.2 Objective for General Use Zone
The objective of this Zoning Plan for the General Use Zone is to provide for the conservation of areas of the Marine Park, while providing opportunities for reasonable use.
2.2.3 Use or entry without permission
Note If a provision of this Zoning Plan has the effect that an activity in an area requires permission, and another provision of the plan would have the effect that the same activity in that area does not require permission, the provision to the effect that the activity requires permission prevails — see subsection 3A (2) of the Act.
Subject to Part 3 (Remote Natural Area) and Part 4 (Designated Areas), the General Use Zone may be used or entered without permission for any of the following purposes:
(a) low impact activities, including low impact recreational activities, that do not involve the taking of plants, animals or marine products;
(b) fishing or collecting involving:
(i) trawling; or
(ii) trolling; or
(iii) line fishing; or
(iv) limited spearfishing; or
(v) netting (including bait netting); or
(vi) trapping; or
(vii) taking in accordance with an accredited harvest fishery; or
(viii) limited collecting;
(c) traditional use of marine resources involving an activity otherwise permitted under this section or in accordance with:
(i) an accredited traditional use of marine resources agreement; and
(ii) any requirements relating to the operation of that agreement prescribed in the Regulations;
(d) photography, filming or sound recording;
(e) limited impact research (extractive) or limited impact research (non-extractive);
(f) conducting a limited educational program;
(g) navigating a vessel or aircraft (except a managed vessel or aircraft) if any equipment that is normally used for fishing or collecting is stowed or secured when the vessel or aircraft is in a part of the zone in which the use of the equipment is not permitted.
2.2.4 Use or entry with permission
Note 1 See note to section 2.2.3.
Note 2 The Regulations deal with obtaining permissions.
Subject to Part 3 (Remote Natural Area), Part 4 (Designated Areas) and Part 5 (Additional purposes for use or entry), the written permission of the Authority is required to use or enter the General Use Zone for any of the following purposes:
(a) fishing involving:
(i) taking in a harvest fishery other than an accredited harvest fishery; or
(ii) conducting a developmental fishery program;
(b) collecting other than that permitted by section 2.2.3;
(c) traditional use of marine resources that is not permitted by paragraph 2.2.3 (c);
Example for paragraph (c)
Traditional use of marine resources that involves fishing of a kind mentioned in section 2.2.3 (for example, trolling, line fishing or bait netting) would not require permission under this section.
(d) conducting an aquaculture operation;
(e) operating a fishing industry service vessel;
(f) conducting a tourist program;
(g) research, other than limited impact research (extractive) or limited impact research (non-extractive);
(h) conducting an educational program, other than a limited educational program;
(i) conducting a vessel or aircraft charter operation;
(j) operating a vessel or aircraft in 1 vicinity:
(i) for more than 14 consecutive days; or
(ii) for more than 30 days in any period of 60 days;
(k) navigating a managed vessel or aircraft;
(l) operating a facility for a purpose that is consistent with the objective mentioned in section 2.2.2 for the zone (other than the use of a vessel or aircraft for a purpose mentioned in section 2.2.3), including:
(i) discharging waste from the facility; or
(ii) building, assembling, fixing in position, maintaining or demolishing the facility; or
(iii) constructing or operating mooring facilities for vessels or aircraft; or
(iv) operating a landing area or facility for aircraft;
(m) carrying out works for a purpose that is consistent with the objective mentioned in section 2.2.2 for the zone, including:
(i) dredging; or
(ii) dumping of spoil; or
(iii) reclamation; or
(iv) beach protection works; or
(v) harbour works;
(n) a program to take animals or plants that pose a threat to:
(i) human life or safety; or
(ii) marine ecosystems of the Marine Park; or
(iii) the use or amenity of a part of the zone or an adjacent area;
not being a taking of animals or plants for which, under section 2.2.3 or Part 5 (Additional purposes for use or entry), permission is not required;
(o) any other purpose that is consistent with the objective mentioned in section 2.2.2 for the zone and is not mentioned in section 2.2.3, other than an activity declared for the purposes of this paragraph in the Regulations.
Division 2.3 Habitat Protection Zone
2.3.1 Location of Habitat Protection Zone
The Habitat Protection Zone consists of the areas described in Part 2 of Schedule 1.
Note The Habitat Protection Zone is indicated by dark blue shading on zoning maps.
2.3.2 Objectives for Habitat Protection Zone
The objectives of this Zoning Plan for the Habitat Protection Zone are:
(a) to provide for the conservation of areas of the Marine Park through the protection and management of sensitive habitats, generally free from potentially damaging activities; and
(b) subject to the objective mentioned in paragraph (a), to provide opportunities for reasonable use.
2.3.3 Use or entry without permission
Note If a provision of this Zoning Plan has the effect that an activity in an area requires permission, and another provision of the plan would have the effect that the same activity in that area does not require permission, the provision to the effect that the activity requires permission prevails — see subsection 3A (2) of the Act.
Subject to Part 3 (Remote Natural Area) and Part 4 (Designated Areas), the Habitat Protection Zone may be used or entered without permission for any of the following purposes:
(a) low impact activities, including low impact recreational activities, that do not involve the taking of plants, animals or marine products;
(b) fishing or collecting involving:
(i) trolling; or
(ii) line fishing; or
(iii) limited spearfishing; or
(iv) netting (including bait netting); or
(v) trapping; or
(vi) taking in accordance with an accredited harvest fishery; or
(vii) limited collecting;
(c) traditional use of marine resources involving an activity otherwise permitted under this section or in accordance with:
(i) an accredited traditional use of marine resources agreement; and
(ii) any requirements relating to the operation of that agreement prescribed in the Regulations;
(d) photography, filming or sound recording;
(e) limited impact research (extractive) or limited impact research (non-extractive);
(f) conducting a limited educational program;
(g) navigating a vessel or aircraft (except a ship or a managed vessel or aircraft), if any equipment that is normally used for fishing or collecting is stowed or secured when the vessel or aircraft is in a part of the zone in which the use of the equipment is not permitted.
2.3.4 Use or entry with permission
Note 1 See note to section 2.3.3.
Note 2 The Regulations deal with obtaining permissions.
Subject to Part 3 (Remote Natural Area), Part 4 (Designated Areas) and Part 5 (Additional purposes for use or entry), the written permission of the Authority is required to use or enter the Habitat Protection Zone for any of the following purposes:
(a) fishing involving:
(i) taking in a harvest fishery other than an accredited harvest fishery; or
(ii) conducting a developmental fishery program; or
(iii) taking of leader prawn broodstock in the Mission Beach Leader Prawn Broodstock Capture Area, in accordance with any limitations prescribed in the Regulations;
(b) collecting other than that permitted by section 2.3.3;
(c) traditional use of marine resources that is not permitted by paragraph 2.3.3 (c);
(d) conducting an aquaculture operation that does not include the addition of feed;
(e) operating a fishing industry service vessel;
(f) conducting a tourist program;
(g) research, other than limited impact research (extractive) or limited impact research (non-extractive);
(h) conducting an educational program, other than a limited educational program;
(i) conducting a vessel or aircraft charter operation;
(j) operating a vessel or aircraft in 1 vicinity:
(i) for more than 14 consecutive days; or
(ii) for more than 30 days in any period of 60 days;
(k) navigating a ship, or a managed vessel or aircraft;
(l) operating a facility for a purpose that is consistent with the objective mentioned in section 2.3.2 for the zone (other than the use of a vessel or aircraft for a purpose mentioned in section 2.3.3), including:
(i) discharging waste from the facility; or
(ii) building, assembling, fixing in position, maintaining or demolishing the facility; or
(iii) constructing or operating mooring facilities for vessels or aircraft; or
(iv) operating a landing area or facility for aircraft;
(m) carrying out works for a purpose that is consistent with the objective mentioned in section 2.3.2 for the zone, including:
(i) dredging; or
(ii) dumping of spoil; or
(iii) reclamation; or
(iv) beach protection works; or
(v) harbour works;
(n) a program to take animals or plants that pose a threat to:
(i) human life or safety; or
(ii) marine ecosystems in the Marine Park; or
(iii) the use or amenity of a part of the zone or an adjacent area;
not being a taking of animals or plants for which, under section 2.3.3 or Part 5 (Additional purposes for use or entry), permission is not required;
(o) any other purpose that is consistent with the objective mentioned in section 2.3.2 for the zone and is not mentioned in section 2.3.3, other than an activity declared for the purposes of this paragraph in the Regulations.
Division 2.4 Conservation Park Zone
2.4.1 Location of Conservation Park Zone
The Conservation Park Zone consists of the areas described in Part 3 of Schedule 1.
Note The Conservation Park Zone is indicated by yellow shading on zoning maps.
2.4.2 Objectives for Conservation Park Zone
The objectives of this Zoning Plan for the Conservation Park Zone are:
(a) to provide for the conservation of areas of the Marine Park; and
(b) subject to the objective mentioned in paragraph (a), to provide opportunities for reasonable use and enjoyment, including limited extractive use.
2.4.3 Use or entry without permission
Note If a provision of this Zoning Plan has the effect that an activity in an area requires permission, and another provision of the plan would have the effect that the same activity in that area does not require permission, the provision to the effect that the activity requires permission prevails — see subsection 3A (2) of the Act.
Subject to Part 3 (Remote Natural Area) and Part 4 (Designated Areas), the Conservation Park Zone may be used or entered without permission for any of the following purposes:
(a) low impact activities, including low impact recreational activities, that do not involve the taking of plants, animals or marine products;
(b) fishing or collecting involving:
(i) trolling; or
(ii) limited line fishing; or
(iii) limited spearfishing; or
(iv) bait netting; or
(v) limited trapping; or
(vi) limited collecting;
(vii) taking in accordance with any of the following fisheries that is an accredited harvest fishery:
(A) the Aquarium Fish Fishery;
(B) the Coral Fishery;
(C) the Worm Fishery (Beachworm);
(c) traditional use of marine resources involving an activity otherwise permitted under this section or in accordance with:
(i) an accredited traditional use of marine resources agreement; and
(ii) any requirements relating to the operation of that agreement prescribed in the Regulations;
(d) photography, filming or sound recording;
(e) limited impact research (extractive) or limited impact research (non-extractive);
(f) conducting a limited educational program;
(g) navigating a vessel or aircraft (except a ship or a managed vessel or aircraft) if any equipment that is normally used for fishing or collecting is stowed or secured when the vessel or aircraft is in a part of the zone in which the use of the equipment is not permitted.
2.4.4 Use or entry with permission
Note 1 See note to section 2.4.3.
Note 2 The Regulations deal with obtaining permissions.
Subject to Part 3 (Remote Natural Area), Part 4 (Designated Areas) and Part 5 (Additional purposes for use or entry), the written permission of the Authority is required to use or enter the Conservation Park Zone for any of the following purposes:
(a) traditional use of marine resources that is not permitted by paragraph 2.4.3 (c);
(b) taking in accordance with any of the following fisheries that is not an accredited harvest fishery:
(i) the Aquarium Fish Fishery;
(ii) the Coral Fishery;
(iii) the Worm Fishery (Beachworm);
(c) conducting an aquaculture operation that does not include the addition of feed;
(d) operating a fishing industry service vessel;
(e) conducting a tourist program;
(f) research, other than limited impact research (extractive) or limited impact research (non-extractive);
(g) conducting an educational program, other than a limited educational program;
(h) conducting a vessel or aircraft charter operation;
(i) operating a vessel or aircraft in 1 vicinity:
(i) for more than 14 consecutive days; or
(ii) for more than 30 days in any period of 60 days;
(j) navigating a ship, or a managed vessel or aircraft;
(k) operating a facility for a purpose that is consistent with the objective mentioned in section 2.4.2 for the zone (other than the use of a vessel or aircraft for a purpose mentioned in section 2.4.3), including:
(i) discharging waste from the facility; or
(ii) building, assembling, fixing in position, maintaining or demolishing the facility; or
(iii) constructing or operating mooring facilities for vessels or aircraft; or
(iv) operating a landing area or facility for aircraft;
(l) carrying out works for a purpose that is consistent with the objective mentioned in section 2.4.2 for the zone;
(m) a program to take animals or plants that pose a threat to:
(i) human life or safety; or
(ii) marine ecosystems in the Marine Park; or
(iii) the use or amenity of a part of the zone or an adjacent area;
not being a taking of animals or plants for which, under section 2.4.3 or Part 5 (Additional purposes for use or entry), permission is not required;
(n) any other purpose that is consistent with the objective mentioned in section 2.4.2 for the zone and is not mentioned in section 2.4.3, other than an activity declared for the purposes of this paragraph in the Regulations.
Division 2.5 Buffer Zone
2.5.1 Location of Buffer Zone
The Buffer Zone consists of the areas described in Part 4 of Schedule 1.
Note The Buffer Zone is indicated by olive green shading on zoning maps.
2.5.2 Objectives for Buffer Zone
The objectives of this Zoning Plan for the Buffer Zone are:
(a) to provide for the protection of the natural integrity and values of areas of the Marine Park, generally free from extractive activities; and
(b) subject to the objective mentioned in paragraph (a), to provide opportunities for:
(i) certain activities, including the presentation of the values of the Marine Park, to be undertaken in relatively undisturbed areas; and
(ii) trolling for pelagic species.
2.5.3 Use or entry without permission
Note If a provision of this Zoning Plan has the effect that an activity in an area requires permission, and another provision of the plan would have the effect that the same activity in that area does not require permission, the provision to the effect that the activity requires permission prevails — see subsection 3A (2) of the Act.
Subject to Part 3 (Remote Natural Area) and Part 4 (Designated Areas), the Buffer Zone may be used or entered without permission for any of the following purposes:
(a) low impact activities, including low impact recreational activities, that do not involve the taking of plants, animals or marine products;
(b) fishing involving the taking of pelagic species by trolling;
(c) traditional use of marine resources involving an activity otherwise permitted under this section or in accordance with:
(i) an accredited traditional use of marine resources agreement; and
(ii) any requirements relating to the operation of that agreement prescribed in the Regulations;
(d) photography, filming or sound recording;
(e) limited impact research (non-extractive);
(f) conducting a limited educational program;
(g) navigating a vessel or aircraft (except a ship or a managed vessel or aircraft), if any equipment that is normally used for fishing or collecting is stowed or secured when the vessel or aircraft is in a part of the zone in which the use of the equipment is not permitted.
2.5.4 Use or entry with permission
Note 1 See note to section 2.5.3.
Note 2 The Regulations deal with obtaining permissions.
Subject to Part 3 (Remote Natural Area), Part 4 (Designated Areas) and Part 5 (Additional purposes for use or entry), the written permission of the Authority is required to use or enter the Buffer Zone for any of the following purposes:
(a) traditional use of marine resources that is not permitted by paragraph 2.5.3 (c);
(b) conducting a tourist program;
(c) research (other than limited impact research (non-extractive)) that:
(i) is relevant to, and a priority for, the management of the Marine Park; or
(ii) cannot reasonably be conducted elsewhere;
(d) conducting an educational program, other than a limited educational program;
(e) conducting a vessel or aircraft charter operation;
(f) operating a vessel or aircraft in 1 vicinity:
(i) for more than 14 consecutive days; or
(ii) for more than 30 days in any period of 60 days;
(g) navigating a ship, or a managed vessel or aircraft;
(h) operating a facility for a purpose that is consistent with the objective mentioned in section 2.5.2 for the zone (other than the use of a vessel or aircraft for a purpose mentioned in section 2.5.3), including:
(i) discharging waste from a facility of that kind; or
(ii) building, assembling, fixing in position, maintaining or demolishing such a facility; or
(iii) constructing or operating mooring facilities for vessels; or
(iv) operating a landing area or facility for aircraft;
(i) carrying out works for a purpose that is consistent with the objective mentioned in section 2.5.2 for the zone;
(j) a program to take animals or plants that pose a threat to:
(i) human life or safety; or
(ii) marine ecosystems of the Marine Park; or
(iii) the use or amenity of a part of the zone or an adjacent area;
not being a taking of animals or plants for which, under section 2.5.3 or Part 5 (Additional purposes for use or entry), permission is not required;
(k) any other purpose that is consistent with the objective mentioned in section 2.5.2 for the zone and is not mentioned in section 2.5.3, other than an activity declared for the purposes of this paragraph in the Regulations.
Division 2.6 Scientific Research Zone
2.6.1 Location of Scientific Research Zone
The Scientific Research Zone consists of the areas described in Part 5 of Schedule 1.
Note The Scientific Research Zone is indicated by orange shading on zoning maps.
2.6.2 Objectives for Scientific Research Zone
The objectives of this Zoning Plan for the Scientific Research Zone are:
(a) to provide for the protection of the natural integrity and values of areas of the Marine Park, generally free from extractive activities; and
(b) subject to the objective mentioned in paragraph (a), to provide opportunities for scientific research to be undertaken in relatively undisturbed areas.
2.6.3 Use or entry without permission
Note If a provision of this Zoning Plan has the effect that an activity in an area requires permission, and another provision of the plan would have the effect that the same activity in that area does not require permission, the provision to the effect that the activity requires permission prevails — see subsection 3A (2) of the Act.
Subject to Part 3 (Remote Natural Area) and Part 4 (Designated Areas), the Scientific Research Zone may be used or entered without permission for any of the following purposes:
(a) low impact activities, including low impact recreational activities, that do not involve the taking of plants, animals or marine products;
(b) traditional use of marine resources involving an activity otherwise permitted under this section or in accordance with:
(i) an accredited traditional use of marine resources agreement; and
(ii) any requirements relating to the operation of that agreement prescribed in the Regulations;
(c) photography, filming or sound recording;
(d) limited impact research (extractive) or limited impact research (non-extractive), or any other research declared for the purposes of this paragraph in the Regulations;
(e) conducting a limited educational program;
(f) navigating a vessel or aircraft (except a ship or a managed vessel or aircraft) if any equipment that is normally used for fishing or collecting is stowed or secured when the vessel or aircraft is in a part of the zone in which the use of the equipment is not permitted.
2.6.4 Use or entry with permission
Note 1 See note to section 2.6.3.
Note 2 The Regulations deal with obtaining permissions.
Subject to Part 3 (Remote Natural Area), Part 4 (Designated Areas) and Part 5 (Additional purposes for use or entry), the written permission of the Authority is required to use or enter the Scientific Research Zone for any of the following purposes:
(a) research, other than research mentioned in section 2.6.3;
(b) traditional use of marine resources that is not permitted by paragraph 2.6.3 (b);
(c) operating a fishing industry service vessel;
(d) conducting a tourist program;
(e) conducting an educational program, other than a limited educational program;
(f) conducting a vessel or aircraft charter operation;
(g) operating a vessel or aircraft in 1 vicinity:
(i) for more than 14 consecutive days; or
(ii) for more than 30 days in any period of 60 days;
(h) navigating a ship, or a managed vessel or aircraft;
(i) operating a facility for a purpose that is consistent with the objective mentioned in section 2.6.2 for the zone (other than the use of a vessel or aircraft for a purpose mentioned in section 2.6.3), including:
(i) discharging waste from a facility of that kind; or
(ii) building, assembling, fixing in position, maintaining or demolishing such a facility; or
(iii) constructing or operating mooring facilities for vessels; or
(iv) operating a landing area or facility for aircraft;
(j) carrying out works for a purpose that is consistent with the objective mentioned in section 2.6.2 for the zone;
(k) a program to take animals or plants that pose a threat to:
(i) human life or safety; or
(ii) marine ecosystems of the Marine Park; or
(iii) the use or amenity of an area or adjacent area;
not being a taking of animals or plants for which, under section 2.6.3 or Part 5 (Additional purposes for use or entry), permission is not required;
(l) any other purpose that is consistent with the objective mentioned in section 2.6.2 for the zone and is not mentioned in section 2.6.3, other than an activity declared for the purposes of this paragraph in the Regulations.
Division 2.7 Marine National Park Zone
2.7.1 Location of Marine National Park Zone
The Marine National Park Zone consists of the areas described in Part 6 of Schedule 1.
Note The Marine National Park Zone is indicated by dark green shading on zoning maps.
2.7.2 Objectives for Marine National Park Zone
The objectives of this Zoning Plan for the Marine National Park Zone are:
(a) to provide for the protection of the natural integrity and values of areas of the Marine Park, generally free from extractive activities; and
(b) subject to the objective mentioned in paragraph (a), to provide opportunities for certain activities, including the presentation of the values of the Marine Park, to be undertaken in relatively undisturbed areas.
2.7.3 Use or entry without permission
Note If a provision of this Zoning Plan has the effect that an activity in an area requires permission, and another provision of the plan would have the effect that the same activity in that area does not require permission, the provision to the effect that the activity requires permission prevails — see subsection 3A (2) of the Act.
Subject to Part 3 (Remote Natural Area) and Part 4 (Designated Areas), the Marine National Park Zone may be used or entered without permission for any of the following purposes:
(a) low impact activities, including low impact recreational activities, that do not involve the taking of plants, animals or marine products;
(b) traditional use of marine resources involving an activity otherwise permitted under this section or in accordance with:
(i) an accredited traditional use of marine resources agreement; and
(ii) any requirements relating to the operation of that agreement prescribed in the Regulations;
(c) photography, filming or sound recording;
(d) limited impact research (non-extractive);
(e) conducting a limited educational program;
(f) navigating a vessel or aircraft (except a ship or a managed vessel or aircraft) if any equipment that is normally used for fishing or collecting is stowed or secured when the vessel or aircraft is in a part of the zone in which the use of the equipment is not permitted.
2.7.4 Use or entry with permission
Note 1 See note to section 2.7.3.
Note 2 The Regulations deal with obtaining permissions.
Subject to Part 3 (Remote Natural Area), Part 4 (Designated Areas) and Part 5 (Additional purposes for use or entry), the written permission of the Authority is required to use or enter the Marine National Park Zone for any of the following purposes:
(a) traditional use of marine resources that is not permitted by paragraph 2.7.3 (b);
(b) operating a fishing industry service vessel;
(c) conducting a tourist program;
(d) research (other than limited impact research (non-extractive)) that:
(i) is relevant to, and a priority for, the management of the Marine Park; or
(ii) cannot reasonably be conducted elsewhere;
(e) conducting an educational program, other than a limited educational program;
(f) conducting a vessel or aircraft charter operation;
(g) operating a vessel or aircraft in 1 vicinity:
(i) for more than 14 consecutive days; or
(ii) for more than 30 days in any period of 60 days;
(h) navigating a ship, or a managed vessel or aircraft;
(i) operating a facility for a purpose that is consistent with the objective mentioned in section 2.7.2 for the zone (other than the use of a vessel or aircraft for a purpose mentioned in section 2.7.3), including:
(i) discharging waste from a facility of that kind; or
(ii) building, assembling, fixing in position, maintaining or demolishing such a facility; or
(iii) constructing or operating mooring facilities for vessels; or
(iv) operating a landing area or facility for aircraft;
(j) carrying out works for a purpose that is consistent with the objective mentioned in section 2.7.2 for the zone;
(k) a program to take animals or plants that pose a threat to:
(i) human life or safety; or
(ii) marine ecosystems of the Marine Park; or
(iii) the use or amenity of an area or adjacent area;
not being a taking of animals or plants for which, under section 2.7.3 or Part 5 (Additional purposes for use or entry), permission is not required;
(l) any other purpose that is consistent with the objective mentioned in section 2.7.2 for the zone and is not mentioned in section 2.7.3, other than an activity declared for the purposes of this paragraph in the Regulations.
Division 2.8 Preservation Zone
2.8.1 Location of Preservation Zone
The Preservation Zone consists of the areas described in Part 7 of Schedule 1.
Note The Preservation Zone is indicated by pink shading on zoning maps.
2.8.2 Objective for Preservation Zone
The objective of this Zoning Plan for the Preservation Zone is to provide for the preservation of the natural integrity and values of areas of the Marine Park, generally undisturbed by human activities.
2.8.3 Use or entry without permission
Note If a provision of this Zoning Plan has the effect that an activity in an area requires permission, and another provision of the plan would have the effect that the same activity in that area does not require permission, the provision to the effect that the activity requires permission prevails —see subsection 3A (2) of the Act.
Subject to Part 3 (Remote Natural Area) and Part 4 (Designated Areas), the Preservation Zone may be used or entered without permission for any of the following purposes:
(a) operating an aircraft at an altitude of not less than 500 feet above the surface;
(b) navigating a vessel (except a ship or a managed vessel or aircraft), for access to areas that form part of Queensland, if any equipment normally used for fishing or collecting is stowed or secured.
2.8.4 Use or entry with permission
Note 1 See note to section 2.8.3.
Note 2 The Regulations deal with obtaining permissions.
Subject to Part 3 (Remote Natural Area), Part 4 (Designated Areas) and Part 5 (Additional purposes for use or entry), the written permission of the Authority is required to use or enter the Preservation Zone for any of the following purposes:
(a) research, including limited impact research (non-extractive) and limited impact research (extractive), that:
(i) is relevant to, and a priority for, the management of the Marine Park; and
(ii) cannot reasonably be conducted elsewhere;
(b) any other purpose that is consistent with the objective mentioned in section 2.8.2 for the zone and is not mentioned in section 2.8.3, other than an activity declared for the purposes of this paragraph in the Regulations.
Division 2.9 Commonwealth Islands Zone
2.9.1 Location of Commonwealth Islands Zone
The Commonwealth Islands Zone consists of the areas described in Part 8 of Schedule 1.
Note 1 The Commonwealth Islands Zone is that area of the Amalgamated Great Barrier Reef Section that is above the low water mark, other than an island, or a part of an island, that forms part of Queensland and is not owned by the Commonwealth — see section 1.7. The location of the Commonwealth Islands Zone may not be indicated on the zoning maps.
Note 2 An area that is a part of the Commonwealth Islands Zone is not included as a part of another zone — see subsection 1.6 (5).
2.9.2 Objectives for Commonwealth Islands Zone
The objectives of this Zoning Plan for the Commonwealth Islands Zone are:
(a) to provide for the conservation of areas of the Marine Park above the low water mark; and
(b) to provide for use of the zone by the Commonwealth; and
(c) subject to the objective mentioned in paragraph (a), to provide for facilities and uses consistent with the values of the area.
2.9.3 Use or entry without permission
Note If a provision of this Zoning Plan has the effect that an activity in an area requires permission, and another provision of the plan would have the effect that the same activity in that area does not require permission, the provision to the effect that the activity requires permission prevails — see subsection 3A (2) of the Act.
Subject to Part 3 (Remote Natural Area) and Part 4 (Designated Areas), the Commonwealth Islands Zone may be used or entered without permission for any of the following purposes:
(a) low impact activities, including low impact recreational activities, that do not involve the taking of plants, animals or marine products;
(b) traditional use of marine resources involving an activity otherwise permitted under this section or in accordance with:
(i) an accredited traditional use of marine resources agreement; and
(ii) any requirements relating to the operation of that agreement prescribed in the Regulations;
(c) photography, filming or sound recording;
(d) conducting a limited educational program;
(e) navigating a vessel or aircraft (except a managed vessel or aircraft) if any equipment that is normally used for fishing or collecting is stowed or secured when the vessel or aircraft is in a part of the zone in which the use of the equipment is not permitted.
2.9.4 Use or entry with permission
Note 1 See note to section 2.9.3.
Note 2 The Regulations deal with obtaining permissions.
Subject to Part 3 (Remote Natural Area), Part 4 (Designated Areas) and Part 5 (Additional purposes for use or entry), the written permission of the Authority is required to use or enter the Commonwealth Islands Zone for any of the following purposes:
(a) traditional use of marine resources that is not permitted by paragraph 2.9.3 (b);
(b) conducting a tourist program;
(c) camping;
(d) research, including limited impact research (extractive) and limited impact research (non-extractive);
(e) conducting an educational program, other than a limited educational program;
(f) conducting a vessel or aircraft charter operation;
(g) operating an aircraft in 1 vicinity:
(i) for more than 14 consecutive days; or
(ii) for more than 30 days in any period of 60 days;
(h) navigating a managed vessel or aircraft;
(i) operating a facility for a purpose that is consistent with the objective mentioned in section 2.9.2 for the zone (other than the use of a vessel or aircraft for a purpose mentioned in section 2.9.3), including:
(i) discharging waste from a facility of that kind; or
(ii) building, assembling, fixing in position, maintaining or demolishing such a facility; or
(iii) operating a landing area or facility for aircraft;
(j) carrying out works for a purpose that is consistent with the objective mentioned in section 2.9.2 for the zone;
(k) a program to take animals or plants that pose a threat to:
(i) human life or safety; or
(ii) island ecosystems of the Marine Park; or
(iii) the use or amenity of a part of the zone or an adjacent area;
not being a taking of animals or plants for which, under section 2.9.3 or Part 5 (Additional purposes for use or entry), permission is not required;
(l) any other purpose that is consistent with the objective mentioned in section 2.9.2 for the zone and is not mentioned in section 2.9.3, other than an activity declared for the purposes of this paragraph in the Regulations.
Part 3 Remote Natural Area
Note For a summary of the penalty provisions of the Act relating to the use or entry of the Remote Natural Area, see the note at the beginning of Part 2 (Zones).
3.1 Remote Natural Area
The Remote Natural Area consists of the following areas (being all, or a part of, 1 or more zones):
(a) the area described in Part 9 of Schedule 1;
(b) any other area designated by the Regulations as part of the Remote Natural Area.
3.2 Objectives for Remote Natural Area
The objectives of this Zoning Plan for the Remote Natural Area, in addition to the objectives of Part 2 (Zones) that apply to zones and parts of zones within the Remote Natural Area, are:
(a) to ensure that the Area remains in a state that is largely unaltered by works or facilities; and
(b) to provide opportunities for quiet appreciation and enjoyment of the Area.
3.3 Use or entry for certain purposes not authorised
Despite anything in Part 2 (Zones), but subject to Part 4 (Designated Areas) and Part 5 (Additional purposes for use or entry), the following purposes are not purposes for which the Remote Natural Area may be used or entered:
(a) motorised watersports;
(b) any other purpose declared for the purposes of this paragraph in the Regulations.
3.4 Use or entry with permission
Note The Regulations deal with obtaining permissions.
(1) Despite anything in Part 2 (Zones), but subject to Part 4 (Designated Areas) and Part 5 (Additional purposes for use or entry), the written permission of the Authority is required to use or enter the Remote Natural Area for a purpose that is declared for the purposes of this section in the Regulations.
(2) A purpose declared for subsection (1) must be a purpose that is not mentioned in section 3.3.
Part 4 Designated Areas
Note For a summary of penalty provisions of the Act relating to the use or entry of Designated Areas, see the note at the beginning of Part 2 (Zones).
Division 4.1 Shipping Areas
4.1.1 Shipping Areas
Each of the following areas (being a part or parts of a zone, or of more than 1 zone) is a Shipping Area:
(a) the areas described in Part 10 of Schedule 1;
(b) any other area designated as a Shipping Area in the Regulations.
4.1.2 Objective for Shipping Areas
The objective of this Zoning Plan for Shipping Areas is to make provision for the navigation of ships.
4.1.3 Shipping management provision
Note 1 If a provision of this Zoning Plan has the effect that an activity in an area requires permission, and another provision of the plan would have the effect that the same activity in that area does not require permission, the provision to the effect that the activity requires permission prevails — see subsection 3A (2) of the Act.
Note 2 Subject to any requirements to stow or secure fishing equipment, a ship may navigate in the General Use Zone without the permission of the Authority — see paragraph 2.2.3 (g). Any Shipping Areas that may be designated in the General Use Zone are for advisory purposes and do not, by way of the shipping management provisions, restrict the navigation of ships.
Despite anything in Part 2 (Zones) or Part 3 (Remote Natural Area), but subject to Division 4.2 (Special Management Areas) and Part 5 (Additional purposes for use or entry), and any limitations prescribed in the Regulations, a Shipping Area may be used or entered without permission for the navigation of a ship if any equipment on the ship that is normally used for fishing or collecting is stowed or secured while the ship is in a Zone or part of a Zone, or another Area, in which the use of the equipment is not permitted under this Zoning Plan.
Division 4.2 Special Management Areas
4.2.1 Special Management Areas
(1) Each of the following areas (being a part or parts of a zone, or of more than 1 zone) is a Special Management Area:
(a) the Princess Charlotte Bay Special Management Area;
(b) any other area designated as a Special Management Area in the Regulations.
(2) For the purpose of dealing with a situation requiring immediate management action, the Authority may designate, without public consultation, a Special Management Area for a period of not more than 120 days (extendible for up to a further 60 days) in the circumstances, and in the manner, prescribed by the Regulations.
Examples for subsection (2)
1. To restrict access to a site following an oil spill or ship grounding.
2. The discovery of a living specimen of a species thought extinct.
4.2.2 Objective for Special Management Areas
The objective of this Zoning Plan for Special Management Areas is to provide for restrictions on access to, or use of, specified areas of the Marine Park for conservation or management purposes, including, but not limited to, the following:
(a) conservation of species;
(b) conservation of natural resources;
(c) protection of cultural or heritage values;
(d) appreciation by the public;
(e) public safety;
(f) emergency situations requiring immediate management action;
(g) restricting access to, or use of, areas of the Marine Park adjoining areas to which access is restricted or prohibited under a law of Queensland or the Commonwealth.
Examples
Reasons for the designation of an area may include seasonal closures for turtle and bird nesting sites, the protection of a fish spawning aggregation site, a pest or exotic species outbreak, or public safety reasons.
4.2.3 Special management provisions — general
(1) For this section, a special management provision is a provision of the Regulations that is expressed to be a special management provision for 1 or more Special Management Areas or classes of Special Management Areas.
(2) The Regulations may specify in the designation of a Special Management Area:
(a) the special management provisions that are to apply to the Area; and
(b) if the special management provisions are to apply for a particular period — the period for which the special management provisions are to apply.
(3) For the purposes of this Zoning Plan, a special management provision for a Special Management Area applies to the Area as specified in the designation.
(4) Subject to Part 5 (Additional purposes for use or entry), a special management provision may restrict the purposes for which a Special Management Area may, apart from the special management provision, be used or entered.
(5) A special management provision must not be inconsistent with the objective mentioned in section 4.2.2.
4.2.4 Special management provision — Princess Charlotte Bay Special Management Area
Note If a provision of this Zoning Plan has the effect that an activity in an area requires permission, and another provision of the plan would have the effect that the same activity in that area does not require permission, the provision to the effect that the activity requires permission prevails — see subsection 3A (2) of the Act.
Despite anything in Part 2 (Zones), but subject to Part 3 (Remote Natural Area), Part 4 (Designated Areas) and Part 5 (Additional purposes for use or entry), the written permission of the Authority is required to use or enter the Princess Charlotte Bay Special Management Area for netting (other than bait netting), in accordance with any limitations prescribed in the Regulations.
Division 4.3 Fisheries Experimental Areas
4.3.1 Objective of Fisheries Experimental Areas
The objective of this Zoning Plan for Fisheries Experimental Areas is to provide specially managed areas of the Marine Park in which to carry out scientific research into the effects of fishing on the living natural resources and ecosystems of the Marine Park.
Note The designation of the Fisheries Experimental Areas provides for the completion of the Effects of Line Fishing experiment by opening reefs 18-083 and 21-139 to fishing from 6 March 2005 to 30 November 2005 (inclusive). Those reefs will be closed on 1 December 2005. Outside that period, those reefs are closed to fishing. The designation of the Fisheries Experimental Areas also provides for closing reefs 14-133 and 20-146 from the date of commencement of this Zoning Plan to 5 March 2005 (inclusive). On 6 March 2005, those reefs will be open to fishing to the extent permitted in the Habitat Protection Zone.
4.3.2 Designation of Fisheries Experimental Areas
Each of the following areas, described in Part 11 of Schedule 1, is a Fisheries Experimental Area:
(a) Fork Reef (18-083);
(b) unnamed reef (21-139);
(c) unnamed reef (14-133);
(d) Boulton Reef (20-146).
4.3.3 Special management provisions — Fork Reef (18-083) and unnamed reef (21-139)
(1) Despite anything in Part 2 (Zones), but subject to Part 4 (Designated Areas) and Part 5 (Additional purposes for use or entry), the Fisheries Experimental Areas known as Fork Reef (18-083) and unnamed reef (21-139) may be used or entered without the written permission of the Authority for any of the following purposes:
(a) line fishing;
(b) limited spearfishing;
(c) trolling;
(d) detaching of a tender commercial fishing vessel within the Area for the purposes of fishing in the Area.
Note Subsection (1) provides an exemption to requirements relating to ‘stowed or secured’ and ‘tender commercial fishing vessels’ that otherwise apply in the Marine National Park Zone.
(2) Subsection (1) applies to those Fisheries Experimental Areas from 6 March 2005 to 30 November 2005 (inclusive).
4.3.4 Special management provisions — unnamed reef (14-133) and Boulton Reef (20-146)
(1) Despite anything in Part 2 (Zones) but subject to Part 4 (Designated Areas) and Part 5 (Additional purposes for use or entry), the Fisheries Experimental Areas known as unnamed reef (14-133) and Boulton Reef (20-146) may not be used or entered without the written permission of the Authority for the purposes of fishing (other than trolling for pelagic species).
(2) Despite anything in Part 2 (Zones) but subject to Part 4 (Designated Areas) and Part 5 (Additional purposes for use or entry), those Fisheries Experimental Areas may be used or entered without the Authority’s written permission for the purposes of trolling for pelagic species.
(3) Subsections (1) and (2) apply to those Fisheries Experimental Areas from the commencement of this Zoning Plan to 5 March 2005 (inclusive).
4.3.5 ‘Sunsetting’ of this Division
This Division ceases to have effect at the end of 30 November 2005.
Part 5 Additional purposes for use or entry
5.1 Use or entry without permission or notification
A zone (including a zone or part of a zone in the Remote Natural Area or a Designated Area) may be used or entered without permission or notification to the Authority for any of the following purposes:
(a) in an emergency, for any of the following purposes:
(i) to investigate and respond to an emergency alert;
(ii) to save human life or avoid the risk of injury to a person;
(iii) to locate or secure the safety of an aircraft, vessel or structure that is, or may be, endangered by stress of weather or by navigational or operational hazards;
(iv) to carry out emergency repairs to a navigational aid;
(v) to deal with a threat of pollution to the marine environment under Commonwealth law or a national emergency response arrangement in which the Authority participates;
(vi) under Commonwealth law, to remove or salvage a vessel or an aircraft, or a section of a vessel or an aircraft, or other wreck, that is wrecked, stranded, sunk or abandoned and poses a threat to the marine environment or safety;
(b) by a traditional owner for an activity not involving the taking of plants, animals or marine products, for the purposes of Aboriginal or Torres Strait Islander custom or tradition;
(c) to perform functions and exercise powers under the Act, the Regulations or a plan of management;
(d) to enforce a law of the Commonwealth or Queensland by a person authorised under that law, or under another law of that kind, to enforce the law;
(e) to carry out reconnaissance or surveillance for the Commonwealth or Queensland.
5.2 Use or entry without permission after notification
A zone (including a zone or part of a zone in the Remote Natural Area or a Designated Area) may be used or entered without permission, after notification to the Authority and subject to any directions given by the Authority, for any of the following purposes:
(a) otherwise than in an emergency, to remove or salvage a vessel or an aircraft, or a section of a vessel or an aircraft, or other wreck, that is wrecked, stranded, sunk or abandoned;
(b) to construct, operate or service navigational aids, and their ancillary buildings and works, that are authorised under a law of the Commonwealth or of Queensland, including the operation of vessels and aircraft for those purposes;
(c) to remove, in accordance with an order under the Regulations (being an order to which section 38H of the Act applies) or a deed of agreement, property described in the order or deed;
(d) to undertake defence activities that would otherwise require permission under this Zoning Plan;
(e) to undertake government geodetic surveys, government bathymetric surveys or similar government surveys;
(f) to undertake urgent maintenance or works on essential public services (including power, water, sewerage and communication systems), that are authorised under a law of the Commonwealth, Queensland or a local government authority;
(g) to deal with an emergency involving a serious threat to the environment, other than a threat mentioned in subparagraph 5.1 (a) (v) or (vi).
Note for paragraph (c) Section 38H of the Act provides for orders to be made under the Regulations requiring the removal of structures or other things from the Marine Park.
5.3 Entry to zones for purpose of taking protected species etc
A zone may be used or entered for the purposes of taking an animal or plant of a protected species or a strictly protected species only:
The area bounded by a line commencing at 20° 03.709' S, 148° 26.408' E then running progressively:
1. easterly along the geodesic to the intersection of the mainland coastline at mean low water and the parallel 20° 03.720' S (at or about 20° 03.720' S, 148° 27.043' E)
2. along the mainland coastline at mean low water to its intersection with the Marine Park boundary (at or about 20° 04.408' S, 148° 16.623' E)
3. east along the Marine Park boundary to its intersection with the geodesic that passes through the points 20° 04.408' S, 148° 19.666' E and 20° 03.709' S, 148° 26.408' E (at or about 20° 04.408' S, 148° 19.666' E)
4. easterly along the geodesic to the point of commencement
10.30 Shipping Exclusion Area 31
The area bounded by a line commencing at 20° 50.397' S, 149° 35.494' E then running progressively:
1. easterly along the geodesic to 20° 50.400' S, 149° 37.980' E
2. south along the meridian to its intersection with latitude 20° 53.541' S
3. westerly along the geodesic to 20° 53.499' S, 149° 34.200' E
4. northerly along the geodesic to 20° 51.387' S, 149° 34.199' E
5. north-easterly along the geodesic to the point of commencement
10.31 Shipping Exclusion Area 32
The area bounded by a line commencing at 20° 59.458' S, 149° 53.233' E then running progressively:
1. east along the parallel to its intersection with longitude 149° 54.469' E
2. southerly along the geodesic to 21° 01.680' S, 149° 55.371' E
3. south-westerly along the geodesic to 21° 02.093' S, 149° 54.532' E
4. west along the parallel to its intersection with longitude 149° 53.331' E
5. north-westerly along the geodesic to 21° 00.129' S, 149° 52.500' E
6. north-easterly along the geodesic to the point of commencement
10.32 Shipping Exclusion Area 33
The area bounded by a line commencing at the intersection of the mainland coastline at mean low water and the parallel 21° 18.223' S (at or about 21° 18.223' S, 149° 17.607' E) then running progressively:
1. easterly along the geodesic to 21° 21.420' S, 149° 36.858' E
2. easterly along the geodesic to 21° 22.000' S, 149° 39.500' E
3. easterly along the geodesic to 21° 25.592' S, 149° 48.426' E
4. east along the parallel to its intersection with longitude 149° 49.573' E
5. easterly along the geodesic to 21° 26.004' S, 149° 51.189' E
6. south-easterly along the geodesic to 21° 26.405' S, 149° 52.018' E
7. south-easterly along the geodesic to 21° 26.799' S, 149° 52.403' E
8. south-easterly along the geodesic to 21° 27.600' S, 149° 53.610' E
9. easterly along the geodesic to 21° 28.260' S, 149° 55.725' E
10. south-easterly along the geodesic to 21° 29.256' S, 149° 56.232' E
11. southerly along the geodesic to 21° 29.733' S, 149° 56.238' E
12. south-easterly along the geodesic to 22° 01.765' S, 150° 27.633' E
13. south-easterly along the geodesic to 22° 20.505' S, 150° 44.385' E
14. south-easterly along the geodesic to 23° 11.128' S, 151° 08.026' E
15. south-westerly along the geodesic to the intersection of the mainland coastline at mean low water and the parallel 23° 27.256' S (at or about 23° 27.256' S, 150° 50.817' E)
16. along the mainland coastline at mean low water to its intersection with the Marine Park boundary (at or about 23° 09.806' S, 150° 47.668' E)
17. along the Marine Park boundary to its intersection with the mainland coastline at mean low water (at or about 23° 09.307' S, 150° 46.056' E)
18. along the mainland coastline at mean low water to the point of commencement
10.33 Shipping Exclusion Area 34
The area bounded by a line commencing at 21° 28.200' S, 150° 15.723' E then running progressively:
1. easterly along the geodesic to 21° 28.201' S, 150° 16.665' E
2. south-easterly along the geodesic to 21° 28.941' S, 150° 17.388' E
3. south along the meridian to its intersection with latitude 21° 29.977' S
4. southerly along the geodesic to 21° 31.452' S, 150° 16.848' E
5. south-westerly along the geodesic to 21° 32.139' S, 150° 15.393' E
6. north-westerly along the geodesic to 21° 31.359' S, 150° 14.454' E
7. north along the meridian to its intersection with latitude 21° 30.923' S
8. north-easterly along the geodesic to 21° 29.958' S, 150° 15.000' E
9. northerly along the geodesic to 21° 28.923' S, 150° 15.002' E
10. north-easterly along the geodesic to the point of commencement
10.34 Shipping Exclusion Area 35
The area bounded by a line commencing at 21° 36.928' S, 150° 14.798' E then running progressively:
1. easterly along the geodesic to 21° 38.652' S, 150° 21.183' E
2. south-easterly along the geodesic to 21° 40.696' S, 150° 22.075' E
3. southerly along the geodesic to 21° 43.721' S, 150° 22.017' E
4. southerly along the geodesic to 21° 47.089' S, 150° 20.952' E
5. west along the parallel to its intersection with longitude 150° 20.088' E
6. north-westerly along the geodesic to 21° 41.100' S, 150° 12.538' E
7. northerly along the geodesic to 21° 39.045' S, 150° 12.620' E
8. north-easterly along the geodesic to the point of commencement
10.35 Shipping Exclusion Area 36
The area bounded by a line commencing at 21° 56.125' S, 150° 40.655' E then running progressively:
1. easterly along the geodesic to 21° 56.140' S, 150° 42.601' E
2. southerly along the geodesic to 21° 58.044' S, 150° 42.587' E
3. south-westerly along the geodesic to 22° 00.947' S, 150° 40.677' E
4. southerly along the geodesic to 22° 05.930' S, 150° 40.688' E
5. west along the parallel to its intersection with longitude 150° 39.870' E
6. north-westerly along the geodesic to 22° 02.601' S, 150° 38.240' E
7. north-westerly along the geodesic to 21° 59.319' S, 150° 34.434' E
8. north along the meridian to its intersection with latitude 21° 58.374' S
9. easterly along the geodesic to the point of commencement
10.36 Shipping Exclusion Area 37
The area bounded by a line commencing at 23° 09.908' S, 151° 52.063' E then running progressively:
1. east along the parallel to its intersection with longitude 151° 56.060' E
2. south-easterly along the geodesic to 23° 52.903' S, 152° 28.064' E
3. south along the meridian to its intersection with latitude 23° 54.907' S
4. south-westerly along the geodesic to 23° 56.905' S, 152° 26.060' E
5. west along the parallel to its intersection with longitude 152° 24.061' E
6. north-westerly along the geodesic to 23° 35.906' S, 151° 39.062' E
7. north-westerly along the geodesic to 23° 32.906' S, 151° 35.060' E
8. north along the meridian to its intersection with latitude 23° 29.906' S
9. northerly along the geodesic to 23° 14.906' S, 151° 40.063' E
10. north-easterly along the geodesic to the point of commencement
10.37 Shipping Exclusion Area 38
The area bounded by a line commencing at 23° 25.493' S, 151° 05.407' E then running progressively:
1. easterly along the geodesic to 23° 29.016' S, 151° 16.330' E
2. south-easterly along the geodesic to 23° 30.795' S, 151° 17.160' E
3. southerly along the geodesic to 23° 33.840' S, 151° 18.300' E
4. southerly along the geodesic to 23° 41.781' S, 151° 18.304' E
5. westerly along the geodesic to the intersection of the island coastline at mean low water and the parallel 23° 41.766' S (at or about 23° 41.766' S, 151° 17.367' E)
6. along the island coastline at mean low water to its intersection with the parallel 23° 27.196' S (at or about 23° 27.196' S, 151° 03.912' E)
7. north-easterly along the geodesic to the point of commencement
10.38 Shipping Exclusion Area 44
The area bounded by a line commencing at 23° 56.721' S, 151° 35.599' E then running progressively:
1. easterly along the geodesic to 23° 58.233' S, 151° 46.250' E
2. east along the parallel to its intersection with longitude 151° 46.729' E
3. south-easterly along the geodesic to 24° 13.989' S, 152° 02.608' E
4. southerly along the geodesic that passes through the point 24° 29.904' S, 152° 04.762' E to its intersection with the Marine Park boundary (at or about 24° 29.904' S, 152° 04.762' E)
5. west along the Marine Park boundary to its intersection with the mainland coastline at mean low water (at or about 24° 29.904' S, 152° 02.472' E)
6. along the mainland coastline at mean low water to its intersection with the Marine Park boundary (at or about 24° 00.518' S, 151° 36.200' E)
7. along the Marine Park boundary to its intersection with island coastline at mean low water (at or about 24° 02.032' S, 151° 32.747' E)
8. along the island coastline at mean low water to its intersection with the meridian 151° 27.065' E (at or about 23° 59.754' S, 151° 27.065' E)
9. easterly along the geodesic to the point of commencement
10.39 Shipping Exclusion Area 47
The area bounded by a line commencing at 24° 20.085' S, 153° 03.898' E then running progressively:
1. easterly along the geodesic to 24° 20.139' S, 153° 11.283' E
2. south-easterly along the geodesic that passes through the point 24° 29.904' S, 153° 15.438' E to its intersection with the Marine Park boundary (at or about 24° 29.904' S, 153° 15.438' E)
3. west along the Marine Park boundary to its intersection with the geodesic that passes through the points 24° 29.904' S, 153° 02.491' E and 24° 24.535' S, 153° 02.505' E (at or about 24° 29.904' S, 153° 02.491' E)
4. northerly along the geodesic to 24° 24.535' S, 153° 02.505' E
5. northerly along the geodesic to the point of commencement
10.40 Shipping Exclusion Area 50
The area bounded by a line commencing at 14° 41.558' S, 145° 12.578' E then running progressively:
1. south-easterly along the geodesic to 14° 41.728' S, 145° 12.949' E
2. southerly along the geodesic to 14° 46.116' S, 145° 13.020' E
3. north-westerly along the geodesic to 14° 42.894' S, 145° 08.895' E
4. easterly along the geodesic to the point of commencement
Part 11 Fisheries Experimental Areas
11.01 Unnamed reef (14-133) Fisheries Experimental Area
The area bounded by a line commencing at 14° 53.799' S, 145° 29.118' E then running progressively:
1. east along the parallel to its intersection with longitude 145° 29.709' E
2. easterly along the geodesic to 14° 54.527' S, 145° 32.013' E
3. south along the meridian to its intersection with latitude 14° 55.881' S
4. west along the parallel to its intersection with longitude 145° 30.679' E
5. north-westerly along the geodesic to 14° 54.696' S, 145° 29.118' E
6. north along the meridian to the point of commencement
11.02 Fork Reef (18-083) Fisheries Experimental Area
The area bounded by a line commencing at 18° 35.901' S, 147° 33.271' E then running progressively:
1. east along the parallel to its intersection with longitude 147° 34.984' E
2. south along the meridian to its intersection with latitude 18° 37.695' S
3. west along the parallel to its intersection with longitude 147° 33.271' E
4. north along the meridian to the point of commencement
11.03 Boulton Reef (20-146) Fisheries Experimental Area
The area bounded by a line commencing at 20° 25.485' S, 150° 17.850' E then running progressively:
1. east along the parallel to its intersection with longitude 150° 18.828' E
2. south along the meridian to its intersection with latitude 20° 28.373' S
3. south-westerly along the geodesic to 20° 30.733' S, 150° 17.566' E
4. west along the parallel to its intersection with longitude 150° 15.912' E
5. north along the meridian to its intersection with latitude 20° 27.714' S
6. north-easterly along the geodesic to the point of commencement
11.04 Unnamed reef (21-139) Fisheries Experimental Area
The area bounded by a line commencing at 21° 26.849' S, 151° 27.084' E then running progressively:
1. east along the parallel to its intersection with longitude 151° 29.982' E
2. south along the meridian to its intersection with latitude 21° 29.832' S
3. west along the parallel to its intersection with longitude 151° 27.084' E
4. north along the meridian to the point of commencement
Dictionary
(section 1.5)
accredited educational or research institution means an educational or research institution accredited by the Authority in accordance with the Regulations. accredited harvest fishery means a harvest fishery accredited by the Authority in accordance with the Regulations. accredited traditional use of marine resources agreement means a traditional use of marine resources agreement accredited by the Authority in accordance with the Regulations. Act means the Great Barrier ReefMarinePark Act 1975. aircraft see subsection 3 (1) of the Act. Amalgamated Great Barrier Reef Section see subregulation 4 (1) of the Regulations. animal see subsection 3 (1) of the Act. aquaculture operation means an operation for the propagation, rearing, keeping, growing or breeding of an aquatic animal (including a fish, crustacean, reptile or mollusc) or plant, or other marine product, and includes the operation, construction, maintenance, modification, demolition or removal of any facility associated with that operation. Authority see subsection 3 (1) of the Act. bait netting means netting using a net declared in the Regulations, and in accordance with any limitations prescribed in the Regulations. conservation means the protection and maintenance of nature while allowing for its ecologically sustainable use. deed of agreement means a deed of agreement entered into in accordance with a condition of a permission. defence activities has the meaning given by the Regulations. Designated Area means a Fisheries Experimental Area, a Shipping Area or a Special Management Area. developmental fishery program means a program of fishing or collecting that:
(a) uses equipment or techniques not previously used in a commercial fishery in the Great Barrier Reef Region; or
(b) targets, either wholly or in part, a species for which there is no commercial fishery in the Region; or
(c) is declared for the purposes of this paragraph in the Regulations.
educational program see subsection 3A (6) of the Act. facility see subsection 3A (9) of the Act. fishing industry service vessel means a vessel that provides fuel, goods or services to, or carries products for, a commercial fishing operation in the Marine Park. fishing or collecting means taking a plant, animal or marine product in accordance with any limitations prescribed in the Regulations. Great Barrier Reef Region see subsection 3 (1) of the Act. harvest fishery means the taking of fish, crustaceans or invertebrates in accordance with Queensland fisheries legislation in respect of any fishery declared for the purposes of this definition in the Regulations, and in accordance with any limitations prescribed in the Regulations. hook has the meaning given by the Regulations. landing area see subsection 3 (1) of the Act. leader prawn broodstock means prawns of the species Penaeus monodon (black tiger prawns) for use in an aquaculture operation. limited collecting means collecting in accordance with any limitations prescribed in the Regulations. limited educational program means an educational program that:
(a) does not involve the taking of plants, animals, or marine products; and
(b) is a component of a course conducted by an accredited educational or research institution.
limited impact research (extractive) has the meaning given by the Regulations. limited impact research (non-extractive) has the meaning given by the Regulations. limited line fishing means fishing by a person using no more than 1 hand-held rod or handline and no more than 1 hook attached to that line. limited spearfishing means fishing with a spear or speargun, not using:
(a) a powerhead; or
(b) a firearm; or
(c) a light; or
(d) underwater breathing apparatus other than a snorkel;
in accordance with any limitations prescribed in the Regulations.
limited trapping means trapping in accordance with any limitations prescribed in the Regulations. line fishing for a person, means fishing using no more than 3 hand-held rods or handlines, with no more than 6 hooks attached to the lines, in total. low impact activity means an activity that is likely to have a negligible impact on the Marine Park, but does not include an activity declared for the purposes of this definition in the Regulations. managed vessel or aircraft means a vessel, aircraft or other craft that is declared for the purposes of this definition in the Regulations. Marine Park see subsection 3 (1) of the Act. marine product includes:
(a) any naturally-occurring material making up the sea-bed within the Marine Park (for example, coral limestone, shell-grit, or star sand); and
(b) seawater.
Mission Beach Leader Prawn Broodstock Capture Area means the area declared for the purposes of this definition in the Regulations. motorised watersports has the meaning given by the Regulations. native title rights and interests has the meaning given by Part 15 of the Native Title Act 1993. natural integrity of a place or ecosystem means the degree to which the place or ecosystem retains its natural biodiversity and geodiversity and other natural processes and characteristics. nature, for the definition of conservation includes all aspects of nature, including (without limitation):
(a) ecosystems and their constituent parts; and
(b) all natural and physical resources; and
(c) natural dynamic processes; and
(d) the characteristics of places, however large or small, that contribute to:
(i) their biological diversity and integrity; or
(ii) their intrinsic or scientific value.
navigate includes moor, or anchor, in the course of navigation. netting means netting in accordance with any limitations prescribed in the Regulations. pelagic species means a species declared for the purposes of this definition in the Regulations. permission means a relevant permission within the meaning given by the Regulations. photography, filming or sound recording has the meaning given by the Regulations (including any limitations prescribed in the Regulations). plan of management see subsection 3 (1) of the Act. plant see subsection 3 (1) of the Act. powerhead means a device:
(a) that can be attached to a spear or speargun; and
(b) that consists of or contains an explosive charge; and
(c) by which fish can be taken.
presentation of a place means creating awareness and understanding of the natural significance of the place. Princess Charlotte Bay Special Management Area means the area described in Part 2 of Schedule 1 as HP-14-5097. protected species means a species declared for the purposes of this definition in the Regulations, and subject to any limitation prescribed in the Regulations. protection of a place means taking care of the place by managing impacts to ensure that its natural significance is retained. Queensland fisheries legislation means the laws of Queensland prescribed for the purposes of this definition in the Regulations. reef includes bommie fields, reef slopes, moats and ramparts. reef edge means the seaward edge of a reef. Regulations means the Great Barrier Reef Marine Park Regulations 1983, and any other regulations made under the Act. Remote Natural Area see section 3.1. ship has the meaning given by the Regulations. Shipping Area see section 4.1.1. Special Management Area see section 4.2.1. stowed or secured in relation to equipment for fishing or collecting means rendered inoperative and stowed or secured and otherwise in accordance with any requirements prescribed in the Regulations. strictly protected species means a species (if any) prescribed for this definition in the Regulations, and subject to any limitation prescribed in the Regulations. taking an animal, plant or marine product includes:
(a) removing, gathering, catching, capturing, killing, destroying, dredging for, raising, carrying away, bringing ashore, interfering with and obtaining (by any other means) the animal, plant or marine product; and
(b) attempting to do anything mentioned in paragraph (a).
tourist facility see subsection 3A (4) of the Act. tourist program see subsection 3A (3) of the Act. traditional owner has the meaning given by the Regulations. traditional owner group has the meaning given by the Regulations. traditional use of marine resources means the undertaking of activities, in accordance with Aboriginal or Torres Strait Islander custom or tradition, for the purposes of satisfying personal, domestic or communal needs. traditional use of marine resources agreement means an agreement, developed in accordance with the Regulations, by a traditional owner group, for the traditional use of marine resources in a site or area of the Marine Park. trapping means trapping in accordance with any limitations prescribed in the Regulations. trawling means trawling in accordance with any limitations prescribed in the Regulations. trolling means fishing by means of a line or lines trailed behind a vessel that is under way:
(a) using no more than 3 lines per person; and
(b) with no more than 6 hooks (in total); and
(c) in accordance with any limitations prescribed in the Regulations.
vessel see subsection 3 (1) of the Act. vessel or aircraft charter operation has the meaning given by the Regulations world heritage values means world heritage values of the Great Barrier Reef World Heritage Area, within the meaning given by the Environment Protection and Biodiversity Conservation Act 1999. wreck includes jetsam, flotsam, lagan, derelict, and articles or goods of any kind that belonged to or came from a vessel or aircraft wrecked, stranded, sunk or abandoned, or in distress, or any part of the hull machinery or equipment of any such vessel or aircraft. zone see subsection 3 (1) of the Act.
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