Marine Parks Amendment Regulation (No. 1) 2001 (Qld)

Queensland Subordinate Legislation 2001 No. 237 Marine Parks Act 1982 MARINE PARKS AMENDMENT REGULATION (No. 1) 2001 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Amended regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Amendment of s 4 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 Amendment of sch 4 (Areas declared to be marine parks) . . . . . . . . . . . . . . 2

s1 2 s5 Marine Parks Amendment Regulation (No. 1) 2001 No. 237, 2001 1 Short title This regulation may be cited as the Marine Parks Amendment Regulation (No. 1) 2001. 2 Commencement This regulation commences on 1 December 2001. 3 Amended regulation This regulation amends the Marine Parks Regulation 1990 . 4 Amendment of s 4 (Interpretation) (1) Section 4, heading— omit, insert— ‘4 Definitions ’. (2) Section 4, definition “vehicle” , ‘hovercraft,’— omit . (3) Section 4— insert — ‘ “L.A.T.” means lowest astronomical tide. “lowest astronomical tide” means the lowest level of the tides that can be predicted to occur under average meteorological conditions and under any combination of astronomical conditions.’. 5 Amendment of sch 4 (Areas declared to be marine parks) (1) Schedule 4, heading, ‘ MORETON BAY MARINE PARK ’— omit, insert — ‘PART 1—MORETON BAY MARINE PARK ’. (2) Schedule 4, after part 1— insert —

s5 3 s5 Marine Parks Amendment Regulation (No. 1) 2001 No. 237, 2001 ‘PART 2—TRINITY INLET/MARLIN COAST MARINE PARK ‘3 Name of marine park Trinity Inlet/Marlin Coast Marine Park. ‘4 Area of marine park ‘The Trinity Inlet/Marlin Coast Marine Park consists of the tidal waters and tidal land within the boundaries of the management areas described in sections 5 to 7, but does not include— (a) protected areas dedicated or declared under the NatureConservation Act 1992 ; and (b) alienated tidal land, other than alienated tidal land mentioned in this part. ‘5 Trinity Inlet management area ‘ (1) The Trinity Inlet management area consists of— (a) the Trinity Inlet fish habitat area 1 as it was immediately before the commencement of the Marine Parks (Trinity Inlet/Marlin Coast) Zoning Plan 2001 , section 9; and (b) Ellie Point sand reserve, the boundary of which— (i) starts at the H.A.T. line on the right bank of the Barron River at the point 16º52' south and 145º46' east; and (ii) then runs along the geodesic line towards the most northerly point of False Cape until the intersection with the L.A.T line on the western side of Trinity Inlet; and (iii) then runs in a southerly direction along the L.A.T. line to a point due east of Ellie Point; and (iv) then runs due west to Ellie Point; and 1 See the Fisheries Regulation 1995 , schedule 7, section 75 (Trinity Inlet) and plan FHA-003.

s5 4 s5 Marine Parks Amendment Regulation (No. 1) 2001 No. 237, 2001 (v) then runs from Ellie Point to the south eastern corner of lot 51 on plan NR3159; and (vi) then follows the eastern boundary of lot 51 on plan NR3159 to the point where the boundary started. ‘ (2) The Trinity Inlet management area includes the alienated tidal land within the following— (a) lots 1 to 4 on plan C19823; (b) lot 92 on plan NR3051; (c) lot 146 on plan NR7874; (d) lot 151 on plan NR4172; (e) the part of lot 1 on RP736304 within the Trinity Inlet fish habitat area. ‘ (3) The Trinity Inlet management area does not include the following— (a) the area within 10 m either side of the centre-line of the vehicular track that traverses lot 151 on plan NR4172 to Swallows Landing; (b) the area within 10 m either side of the centre-line of the vehicular track from Airport Avenue to the sand stockpile area on lot 1 on RP736304; (c) the sand stockpile area on lot 1 on RP736304. ‘6 Marlin Coast management area ‘ (1) The Marlin Coast management area consists of— (a) the Marlin Coast between White Cliffs and the Barron River, the boundary of which— (i) starts at the most easterly point on the mainland at the right bank of the mouth of the Barron River at the H.A.T. line; and (ii) then runs in a north-easterly direction for approximately 10 km until it reaches the point 16º48.5' south and 145º50.5' east; and (iii) then runs in a north-westerly direction for approximately 5.5 km until it reaches the point 16º47' south and 145º46' east; and

s5 5 s5 Marine Parks Amendment Regulation (No. 1) 2001 No. 237, 2001 (iv) then runs along the 5 km line in a generally northerly and north-westerly direction to its intersection with the 500 m line around Korea Reef (16-080); and (v) then follows the 500 m line around Korea Reef in a south-westerly direction to the most southerly point of the 500 m line; and (vi) then runs in a generally westerly direction to the most southerly point of the 500 m line around Yule Reef (16-081); and (vii) then runs in a south-westerly direction along the geodesic line to the H.A.T. line at the most easterly point of White Cliffs; and (viii)then runs in a generally southerly and south-easterly direction along the H.A.T. line on the mainland to the point where the boundary started on the right bank of the Barron River; and (b) Half Moon Creek, the boundary of which— (i) starts on the right bank of the mouth of Half Moon Creek at the north eastern corner of lot 50 on plan USL9567; and (ii) then runs along the eastern boundary of the lot in a southerly direction to the north-eastern corner of lot 34 on plan USL9567 where the boundaries of the 2 lots meet; and (iii) then runs in a southerly and easterly direction along the eastern boundary of lot 34 on plan USL9567 to the north-eastern corner of lot 3 on plan USL9661; and (iv) then runs in a southerly and westerly direction to the most northerly corner of lot 187 on plan NR6708; and (v) then follows the eastern boundary of the lot in a southerly direction to the eastern boundary of lot 3 on plan USL9661; and (vi) then runs in a southerly and westerly direction along the boundary of the lot to the eastern boundary of lot 188 on plan NR6708; and (vii) then runs in a south-westerly direction along the eastern boundary of the lot to the southern boundary of lot 3 on plan USL9661; and

s5 6 s5 Marine Parks Amendment Regulation (No. 1) 2001 No. 237, 2001 (viii)then runs in a westerly and northerly direction along the southern boundary of the lot to the south-eastern corner of lot 2 on plan USL9661; and (ix) then runs in a westerly and northerly direction along the southern boundary of the lot to the most westerly corner of lot 27 on plan USL9569; and (x) then runs in a northerly and then south-easterly direction along the western boundary of the lot to the left bank of Half Moon Creek; and (xi) then runs downstream along the left bank of Half Moon Creek to the creek mouth; and (xii) then crosses the mouth of the creek to the point where the boundary started on the right bank of Half Moon Creek; and (c) Yorkeys Creek and Richters Creek, the boundary of which— (i) starts at the north-eastern corner of lot 105 on plan USL9612 at a point where the lot meets the esplanade and the H.A.T. line; and (ii) then runs generally southerly following the seaward boundary to the south-eastern corner of the lot; and (iii) then runs in a southerly direction to the mouth of Richters Creek; and (iv) then follows the right bank of Richters creek upstream to the south western corner of lot 121 on plan NR840892; and (v) then follows the boundary of the lot in an easterly direction to the north-western corner of lot 235 on plan NR5479; and (vi) then runs in a south-easterly direction along the boundary of the lot to a point where the south-eastern corner of the lot meets Acacia Street, Holloways Beach; and (vii) then follows the south-western alignment of Acacia Street generally southerly to Poinsettia Street; and (viii)then runs in a southerly direction along Poinsettia Street to Casuarina Street; and (ix) then runs in a southerly direction along Casuarina Street to the south-eastern corner of lot 1 on plan USL9604; and

s5 7 s5 Marine Parks Amendment Regulation (No. 1) 2001 No. 237, 2001 (x) then runs in a westerly and northerly direction along the boundary of the lot to the boundary of lot 120 on CP857579; and (xi) then runs in a generally westerly direction around the boundary of the lot to the boundary of lot 115 on plan NR3359; and (xii) then runs in a southerly and westerly direction along the boundary of the lot to the right bank of Thomatis Creek; and (xiii)then runs in a north-easterly direction crossing Thomatis Creek to the left bank where the southern corner of lot 16 on plan USL9940 meets the creek; and (xiv)then follows the boundary of the lot in a north-westerly and easterly direction to the right bank of Richters Creek; and (xv) then crosses Richters Creek to the left bank; and (xvi)then follows the left bank of Richters Creek downstream to the northern boundary of lot 12 on plan USL9940; and (xvii)then runs easterly along the northern boundary of the lot to Richters Creek; and (xviii)then runs along the left bank of Richters Creek to the most southerly corner of lot 139 on plan NR3818; and (xix)then follows the western boundary of the lot in a northerly direction to lot 105 on plan USL9612; and (xx) then follows the western boundary of the lot to the point where the boundary started; and (d) Barr Creek, the boundary of which— (i) starts at the right bank at the mouth of Barr Creek at the most north-easterly corner of lot 72 on RP714006; and (ii) crosses Barr Creek to the north-western boundary of lot 2 on RP857530; and (iii) then follows the boundary of the lot in a south–westerly direction to the eastern boundary of lot 49 on plan N157300; and (iv) then runs in a southerly and easterly direction to the eastern boundary of lot 15 on plan USL9633; and

s5 8 s5 Marine Parks Amendment Regulation (No. 1) 2001 No. 237, 2001 (v) then follows the south-eastern boundary of the lot to the south-eastern boundary of lot 147 on plan NR4789; and (vi) then follows the boundary in a south westerly and northerly direction to the north-western boundary of lot 15 on plan USL9633; and (vii) then follows the left bank to the mouth of Barr Creek; and (viii)then runs in a southerly direction crossing the mouth of Barr Creek to the point where the boundary started; and (e) Barron River and Redden Creek, the boundary of which— (i) starts at the most easterly point on the right bank of the mouth of the Barron River at the H.A.T. line; and (ii) then follows the right bank of the Barron River upstream to a point 50 m downstream from the Cook Highway bridge; and (iii) then crosses the Barron River; and (iv) then follows the left bank of the Barron River downstream to the left bank of Redden Creek; and (v) then follows the left bank of Redden Creek downstream to the mouth of the creek; and (vi) then runs due south to the right bank of Redden Creek; and (vii) then follows the right bank of the creek upstream to its intersection with the Barron River; and (viii)then runs downstream along the left bank of the Barron River to the mouth of the Barron River; and (ix) then runs in a south-easterly direction crossing the Barron River to the point where the boundary started on the right bank of the river. ‘ (2) The Marlin Coast management area does not include the tidal waters and tidal land of the rivers, creeks and streams within its boundaries other than the tidal waters and tidal land of Half Moon Creek, Yorkeys Creek, Richters Creek, Barr Creek, Redden Creek and the Barron River mentioned in subsections (1)(b), (c), (d) and (e).

s5 9 s5 Marine Parks Amendment Regulation (No. 1) 2001 No. 237, 2001 ‘7 Wonga Beach management area ‘ (1) The Wonga Beach management area consists of— (a) the area between the Mossman River and a point on the mainland approximately 4 km south of the mouth of the Daintree River, the boundary of which— (i) starts at the H.A.T. line at the most north-easterly corner of lot 5 on USL8735 on the right bank at the mouth of the Mossman River; and (ii) then runs due east along the geodesic line to the 5 km line; and (iii) then runs generally northerly, north-easterly and north-westerly along the 5 km line to the point 16º20' south and 145º28' east; and (iv) then runs along the geodesic line in a north-westerly direction to the H.A.T. line at the point 16º19' south and 145º24.5' east; and (v) then runs generally southerly, south-easterly and south-westerly along the H.A.T line to the point where the boundary started on the right bank of the mouth of the Mossman River; and (b) Saltwater Creek, the boundary of which— (i) starts at the south-eastern corner of lot 5 on plan SR906 at the H.A.T. line; and (ii) then runs in a westerly and then northerly direction along the southern boundary of the lot to the right bank of Coop Creek; and (iii) then runs in a northerly line across Coop Creek to the intersection of the left bank of Coop Creek and the southern boundary of lot 10 on plan N157233; and (iv) then follows the southern boundary of the lot in an easterly direction to the southern boundary of lot 6 on plan SR412; and (v) then follows the boundary of the lot to the south-eastern corner of lot 6 on RP712142; and

s 5 10 s 5 Marine Parks Amendment Regulation (No. 1) 2001 No. 237, 2001 (vi) then runs in a northerly direction along the eastern boundary of the lot to the point on the right bank of Saltwater Creek directly east of the point where the anabranch diverges; and (vii) then runs north across Saltwater Creek to the left bank; and (viii)then runs downstream along the left bank of Saltwater Creek to the boundary of lot 1 on plan USL8767; and (ix) then runs in a clockwise direction around the northern boundary of the lot to the boundary of lot 1 on plan USL8674; and (x) then runs westerly along the northern boundary of the lot to the meridian of longitude 145º 24.5' east; and (xi) then runs north along the meridian to the southern boundary of lot 42 on plan SR6; and (xii) then runs east then north along the eastern boundary to the north-eastern corner of the lot; and (xiii)then runs due east to the H.A.T. line; and (xiv)then runs in a southerly direction along the H.A.T. line to the left bank of the mouth of Saltwater Creek; and (xv) then crosses Saltwater Creek and follows the H.A.T. line to the point where the boundary started; and (c) the Mossman River, the boundary of which— (i) starts at the most easterly intersection of the mainland at the H.A.T. line with the most north-easterly corner of lot 5 on plan USL8735 on the right bank of the mouth of the Mossman River; and (ii) then runs upstream along the right bank of the Mossman River, following the northern, western and southern boundaries of lot 5 on plan USL8735 to a point where the lot meets lot 1 on plan C9641; and (iii) then runs in a south-easterly direction around the boundary of the lot to the most north-westerly corner of lot 3 on plan C9641; and (iv) then runs in a southerly direction along the western boundary of the lot and the adjoining lots 4, 5, 6, 7, 8 and 9

s 5 11 s 5 Marine Parks Amendment Regulation (No. 1) 2001 No. 237, 2001 on plan C9641 to the most south-westerly corner of lot 9 on plan C9641; and (v) then runs in a straight line to the north-eastern corner of lot 1 on RP720137; and (vi) then runs in a south-westerly direction along the northern boundary of the lot to the north-eastern corner of lot 11 on RP709171; and (vii) then runs in a south-westerly direction along the northern boundary of the lot and the adjoining lot to the west to the most north-easterly corner of lot 12 on RP709171; and (viii)then runs in a south-westerly direction along the northern boundary of the lot to its most north-westerly corner; and (ix) then runs in a straight line to the most north-easterly corner of lot 265 on plan N15783; and (x) then follows the northern and then the eastern boundary of the lot to its most south-westerly corner; and (xi) then runs in a southerly direction to the north-eastern corner of lot 1 on plan RL1156 where it meets the south-western corner of lot 4 on plan T4371; and (xii) then runs in a westerly direction along the northern boundary of lot 1 on plan RL1156 to the most north-westerly corner of the lot; and (xiii)then crosses the Mossman River to the most south-easterly corner of lot 5 on RP711228 on the left bank of the river; and (xiv)then runs in a northerly direction along the eastern boundary of the lot to the southern boundary of lot 7 on RP715390; and (xv) then runs in an easterly and northerly direction along the southern and eastern boundary of the lot to the most south-westerly corner of lot 1 on plan USL8787; and (xvi)then runs in a generally easterly direction along the boundary of the lot to the south-western corner of lot 382 on plan SR864; and (xvii)then runs in an easterly direction along the southern boundary of the lot; and

s 5 12 s 5 Marine Parks Amendment Regulation (No. 1) 2001 No. 237, 2001 (xviii)then runs in a straight line to the mouth of the Mossman River; and (xix)then runs due south crossing the mouth of the river to the point where the boundary started on the right bank. ‘ (2) The Wonga Beach management area does not include the tidal waters and tidal land of the rivers, creeks and streams within its boundaries, other than the tidal waters and tidal land of Saltwater Creek and the Mossman River mentioned in subsection (1)(b) and (c).’. ENDNOTES 1. Made by the Governor in Council on 29 November 2001. 2. Notified in the gazette on 30 November 2001. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Environmental Protection Agency. © State of Queensland 2001