Marine Parks Act Amendment Act 1988 (Qld)

96 (1ueenslan. ANNO TRICESIMO SEPTIMO ELIZABETHAE SECUNDAE REGINAE No. 14 of 1988 An Act t o a m end the MarineParks Act1982 in certain particulars [ASSENTED TO 7TH APRIL,. 1988]

Marine Parks Act Amendment Act 1988, No. 14 97 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the Marine Parks Act Amendment Act 1988. (2) In this Act the Marine Parks Act 1982 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Marine Parks Act 1982-1988. 2. Amendment of s. 9. Interpretation . Section 9 of the Principal Act is amended in subsection (1) by- (a) inserting after the definition "coastal waters of Queensland" the following definition:- "Director" means the Director of National Parks and Wildlife appointed under the National Parks and Wildlife Act 1975 or that Act as amended from time to time: the term includes a person who for the time being occupies the office or performs the duties of the Director;"; (b) in the definition "Minister" omitting the words "Premier of Queensland or other"; (c) omitting the definition "The Co-ordinator-General". 3. Amendment of s. 11. Functions of Co- ordinator -General. Section 11 of the Principal Act is amended by- (a) in the note appearing in and at the beginning of the section, omitting the words " Co-ordinator - General " and substituting the word "Director"; (b) in subsection (1)- (i) omitting the words "The Co-ordinator-General" and substituting the words "the Director"; (ii) omitting paragraph (d) and substituting the following paragraph:- "(d) to prepare a zoning plan in respect of each area set apart and declared as a marine park whether under this Act or under the Fisheries Act 1976;"; (c) in subsection (2), omitting the words "The Co-ordinator-General" and substituting the words "the Director". 4. Amendment of s. 12. Definition of areas of interest . Section 12 of the Principal Act is amended by- (a) in subsection (1), omitting the words "Upon the recommendation of The Co-ordinator-General, the" and substituting the word "The";

98 Marine Parks Act Amendment Act 1988, No. 14 (b) in subsection (2), omitting the words "The Co-ordinator-General" and substituting the words "the Director". 5. Amendment of s. 13. Consideration of public submissions . Section 13 of the Principal Act is amended by omitting the words "The Co- ordinator-General" (where they twice occur) and substituting in each case the words "The Director". 6. Amendment of s. 14 . Proposal for marine park. Section 14 of the Principal Act is amended by- (a) in subsection (1)- (i) omitting the words "The Co-ordinator-General" and substituting the words "the Director"; (ii) in paragraph (c), omitting the words "based;" and substituting the words "based."; (iii) omitting paragraph (d); (b) in subsection (2), omitting the words "Co-ordinator-General" and substituting the word "Director". 7. Repeal of and new s. 15 . Zoning plans. The Principal Act is amended by repealing section 15 and substituting the following section:- "15. Constituents of marine parks. Where an area is set apart and declared by Order in Council under this Act as a marine park- (a) tidal waters within the area; (b) tidal land within the area; (c) the subsoil beneath such tidal land, to a depth below the surface as specified in the order; (d) the airspace above the area, to a height above the surface as specified in the order; and (e) all marine products within the area, shall be taken to be in the marine park and, for the purposes of this Act, part of the area.". 8. Amendment of s. 16. Establishment of marine parks. Section 16 of the Principal Act is amended by- (a) in subsection (1)- (i) omitting the words "The Co-ordinator-General" and substituting the words "the Director"; (ii) omitting the words "shall submit" and substituting the words "may submit"; (b) in subsection (2), omitting all words from and including the words "and may" to and including the words "of the proposal";

Marine Parks Act Amendment Act 1988, No. 14 99 (c) omitting subsection (3); (d) renumbering subsections (4) and (5) as subsections (3) and (4) respectively. 9. Repeal of ss. 17, 18 and 19 and new sections in lieu. The Principal Act is amended by repealing sections 17, 18 and 19 and substituting the following sections:- "17. Zoning plans . (1) A zoning plan prepared in respect of an area set apart and declared as a marine park- (a) may provide that the park shall consist of a single zone or shall be divided into 2 or more zones; (b) where the park is to be divided into 2 or more zones, shall define each zone by means of a map or an appropriate description; (c) shall assign a name or other identifying designation to the single zone or to each of the zones of which the park consists; (d) shall provide for the purpose or purposes for which each zone of the park shall be entered or used or may be entered or used. (2) Provision that a zoning plan may make with respect to a marine park or any zone thereof includes- (a) provision by way of regulation; (b) provision by way of prohibition; (c) provision by way of a penalty for any contravention of or failure to comply with any provision of the plan not exceeding $5000 and, in addition, where the offence is a continuing one, a daily penalty not exceeding $1000; (d) provision for the seizure and forfeiture of any thing taken or had in possession or used in connexion with taking or having in possession any thing or in connexion with entering any area in contravention of any provision of the plan. (3) Any contravention of or failure to comply with a provision of a zoning plan that is for the time being approved by the Governor in Council under this Act shall constitute an offence against this Act. (4) This section applies in respect of all marine parks whether set apart and declared under this Act or under the Fisheries Act1976. 18. Amendment etc. of zoning plans . The Director may from time to time prepare amendments of a zoning plan approved by the Governor in Council or prepare a zoning plan in substitution for a zoning plan approved by the Governor in Council or for any part thereof.

100 Marine Parks Act Amendment Act 1988, No. 14 19. Approval of zoning plans etc. (1) Each zoning plan and every amendment of a zoning plan prepared by the Director shall be furnished to the Minister, who may submit it to the Governor in Council together with his recommendation thereon. (2) The Governor in Council may, upon the recommendation of the Minister, by Order in Council, approve the zoning plan or, as the case may be, amendment of a zoning plan. (3) An Order in Council approving any zoning plan or any amendment of a zoning plan- (a) shall specify the address of premises at which the zoning plan or amendment to which the order relates may be inspected, purchased or obtained; and (b) shall take effect on the day on which it is published in the Gazette or, where a later date is provided for in that behalf in the order, on that date.". 10. Amendment of s. 23. Co- ordinator - General ' s powers re marine parks . Section 23 of the Principal Act is amended by- (a) in the note appearing in and at the beginning of the section, omitting the words " Co-ordinator - General 's" and substituting the word "Director's"; (b) in subsection (1)- (i) omitting all words from and including the words "In addition to" to and including the words "declared as a marine park, The Co- ordinator-General" and substituting the words "The Director"; (ii) in paragraph (b), omitting the words "The Co-ordinator-General" and "the Co-ordinator-General" and substituting in each case the words "the Director"; (iii) in paragraph (c), omitting all words from and including the words ", and, where" to and including the words "the property"; (iv) in paragraph (d), omitting the words "The Co-ordinator- General's" and substituting the words "the Director's"; (c) in subsection (2), omitting the words "The Co-ordinator-General" (where they twice occur) and substituting in each case the words "the Director"; (d) in subsection (3), omitting the words "The Co-ordinator-General" and substituting the words "the Director". 11. Repeal of and new s. 25. Delegation of Co-ordinator - General's powers etc . The Principal Act is amended by repealing section 25 and substituting the following section:- "25. Delegation . (1) The Minister or the Director may either generally or otherwise as provided by the instrument of delegation, by writing signed by him, delegate to any person or body of

Marine Parks Act Amendment Act 1988, No. 14 101 persons all or any of his powers, functions and duties under this Act except this power of delegation. (2) A power, function or duty so delegated, if exercised or performed by the delegate, shall be exercised or performed in accordance with the instrument of delegation. (3) A delegation may be made subject to such terms and limitations as the Minister or, as the case may be, the Director thinks fit including a requirement that the delegate shall report to him upon the exercise or performance of the delegated power, function or duty. (4) Where the exercise or performance of any power, function or duty, the subject of a delegation, is made to depend upon the opinion or belief of the Minister or, as the case may be, the Director in relation to any matter, that power, function or duty may be exercised or performed upon the opinion or belief of the delegate who is considering the exercise or performance of that power, function or duty. (5) The Minister or, as the case may be, the Director may make such and so many delegations of the same power, function or duty and to such number of persons or bodies of persons as he considers necessary or desirable. (6) A delegation is revocable at the will of the Minister or, as the case may be, the Director and does not prevent the exercise of a power or the performance of a function or duty by him.". 12. New s. 25A. The Principal Act is amended by inserting after section 25 the following section:- "25A. Director subject to direction of Minister . In the discharge of his functions and the exercise of his powers under this Act the Director shall, except where he makes or is required to make a recommendation to the Minister, be subject to the general control and direction of the Minister.". 13. Amendment of s. 26. General offence provision . Section 26 of the Principal Act is amended by- (a) in subsection (3)- (i) in paragraph (a), omitting all words from and including the words "an area-" to and including the expression "$1000" and substituting the words "an area, to a penalty of 100 penalty units and, in addition, where the offence is a continuing one, a daily penalty of 20 penalty units"; (ii) omitting paragraph (b) and substituting the following paragraph:- "(b) in any other case, to a penalty of 50 penalty units and, in addition, where the offence is a continuing one, a daily penalty of 10 penalty units."; (b) in subsection (4), omitting the words "The Co-ordinator-General" and substituting the words "the Minister".

102 Marine Parks Act Amendment Act 1988, No. 14 14. Amendment of s. 27. Evidentiary provisions . Section 27 of the Principal Act is amended by- (a) in paragraph (a), omitting the words "The Co-ordinator-General" and substituting the words "the Minister"; (b) in paragraph (b), omitting the words "The Co-ordinator-General or of an inspector or to prove the authority of an inspector" and substituting the words "the Minister or the Director or an inspector or to prove the authority of the Director or an inspector". 15. Amendment of s. 29 . Protection for persons administering Act. Section 29 of the Principal Act is amended by omitting the words "The Co-ordinator-General nor any other" and substituting the words "the Crown nor any". 16. Amendment of s. 30. Regulations . Section 30 of the Principal Act is amended by- (a) in subsection (1)- (i) in paragraph (d), inserting after the word "inspectors" the words "and honorary protectors"; (ii) in paragraph (e), omitting the words "areas set apart and declared as marine park, whether under this Act or under the Fisheries Act 1976" and substituting the words "marine parks"; (iii) in paragraph (f), omitting the words "areas set apart and declared as marine park, whether under this Act or under the FisheriesAct 1976," and substituting the words "marine parks"; (iv) in paragraph (g), omitting the words "areas set apart and declared as marine park" and substituting the words "marine parks"; (v) in paragraph (h), omitting the expression "$500" and substituting the words "100 penalty units"; (vi) redesignating paragraph (i) as paragraph (t); (vii) inserting after paragraph (h) the following paragraphs:- "(i) services and facilities in, or in connexion with, marine parks; (j) the protection and preservation of marine parks and property and things therein; the removal from marine parks of persons unlawfully therein or committing offences against this Act therein; the safety of persons in marine parks; the carrying on of any trade or commerce in marine parks; fees and charges to be imposed upon persons using services or facilities provided in or in connexion with marine parks; the taking of animals or plants into or out of marine parks; the taking into marine parks, and the use in marine parks,

Marine Parks Act Amendment Act 1988, No. 14 103 of weapons, traps, nets, snares, fishing apparatus and other devices; (q) the laying of baits and the use of explosives, poisons and other noxious substances in marine parks; (r) the collection of specimens and the pursuit of research in marine parks for scientific purposes; (s) the issue of licences, permits and authorities, the conditions subject to which, and the person or persons by whom, they are issued and the charging of fees in respect of such licences, permits and authorities;"; (b) renumbering subsection (4) as subsection (6); (c) renumbering subsection (3) as subsection (5) and in that subsection- (i) in the first paragraph, omitting the words "a marine park set apart and declared under this Act or the Fisheries Act 1976" and substituting the words "marine parks"; (ii) in the second paragraph, omitting the words "a marine park set apart and declared under this Act or the Fisheries Act 1976 may be made, at the request of The Co-ordinator-General" and substituting the words "marine parks may be made, at the request of the Director"; (iii) in the third paragraph, omitting the words "the person who is The Co-ordinator-General" and substituting the words "the Director"; (d) inserting after subsection (2) the following subsections:- "(3) The regulations may be expressed to apply to- (a) all marine parks or any of them; (b) a specified part of a marine park in respect of which no zoning plan has effect; (c) a specified zone, or all zones of a specified category whether in the same or different marine parks; or ( d) a specified part of a zone. (4) The power to make regulations conferred by this Act may be exercised- (a) in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions , or in relation to any specified cases or classes of case; and (b) so as to make as respects the cases in relation to which it is exercised the same provisons for all those cases or different provisions for different cases or classes of case.";

104 Marine Parks Act Amendment Act 1988, No. 14 (e) adding at the end thereof the following subsections:- "(7) In this section- "marine parks " mean areas set apart and declared as marine parks , whether under this Act or the FisheriesAct 1976. (8) For the purpose of paragraph ( h) of subsection (1), a penalty unit shall have the value assigned to a penalty unit by the PenaltyUnits Act 1985