Great Barrier Reef Region (Prohibition of Mining) Regulations 1999 (Cth)

Great Barrier Reef Region (Prohibition of Mining) Regulations 1999

Statutory Rules 1999 No. 339

I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Great Barrier Reef Marine Park Act 1975.

Dated 15 December 1999.

WILLIAM DEANE

Governor-General

By His Excellency’s Command,

ROBERT HILL

Minister for the Environment and Heritage

Great Barrier Reef Region (Prohibition of Mining) Regulations 1999

Statutory Rules 1999 No. 3391

made under the

Great Barrier Reef Marine Park Act 1975

   

Contents

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1Name of Regulations

 These Regulations are the Great Barrier Reef Region (Prohibition of Mining) Regulations 1999.

2Commencement

 These Regulations commence on gazettal.

3Definitions

 In these Regulations:

Act means the Great Barrier Reef Marine Park Act 1975.

mining operation includes operations for the recovery of minerals but does not include operations for:

• (a)

  research and investigations intended to enhance the conservation of the Marine Park; or

• (b)

  scientific research intended to enhance the conservation of the Marine Park.

relevant area means the area of the Great Barrier Reef Region that is not, for the time being, part of the Marine Park.

4No mining in relevant area

• (1)

  A person must not carry on a mining operation, or research for a mining operation, in the relevant area.

  Penalty:   50 penalty units.

• (2)

  A contravention of subregulation (1) is an offence of strict liability.

• (3)

  In subregulation (2), offence of strict liability has the meaning given by section 6.1 of the Criminal Code.

Note 1   Subsection 4B (3) of the Crimes Act 1914 provides that if a body corporate is convicted of an offence, a court may impose a penalty of an amount that is not greater than 5 times the maximum fine that could be imposed by a court on an individual convicted of the same offence.

Note 2 Section 38 of the Act deals with operations for the recovery of minerals in the Marine Park.

Note

1. Made by the Governor-General on 15 December 1999, and notified in the Commonwealth of Australia Gazette on 22 December 1999.