Marine Parks Amendment Regulation (No. 2) 1997 (Qld)

Queensland Subordinate Legislation 1997 No. 384 Marine Parks Act 1982 MARINE PARKS AMENDMENT REGULATION (No. 2) 1997 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Amendment of s 4 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 Insertion of new pt 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 PART 1A—DECLARATION OF MARINE PARKS 5B Area declared to be marine park . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5C Constituents of marine park . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5D Name of marine park . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 6 Replacement of pt 9 (Moreton Bay Marine Park) . . . . . . . . . . . . . . . . . . . . 3 PART 9—REVOCATION OF MARINE PARKS 45 Marine parks revoked . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 46 Instruments repealed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 47 Expiry of part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 7 Insertion of new sch 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 SCHEDULE 4 AREAS DECLARED TO BE MARINE PARKS MORETON BAY MARINE PARK 1 Name of marine park . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Area declared to be marine park . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

s1 2 s5 Marine Parks Amendment (No. 2) No. 384, 1997 ˙ Short title 1. This regulation may be cited as the Marine Parks Amendment Regulation (No. 2) 1997 . ˙ Commencement 2. This regulation commences on 1 December 1997. ˙ Regulation amended 3. This regulation amends the Marine Parks Regulation 1990 . ˙ Amendment of s 4 (Interpretation) 4. Section 4— insert— ‘ “H.A.T.” means highest astronomical tide. “highest astronomical tide” means the highest level of the tides that can be predicted to occur under average meteorological conditions and under any combination of astronomical conditions.’. ˙ Insertion of new pt 1A 5. After section 5A— insert— ‘ PART 1A—DECLARATION OF MARINE PARKS ˙ ‘ Area declared to be marine park ‘ 5B. Each area of tidal waters and tidal land described in schedule 4 is set apart and declared as a marine park. 1 1 The latitudinal and longitudinal positions used in the schedule to describe the area are described using the Australian Geodetic Datum 1984.

s6 3 s6 Marine Parks Amendment (No. 2) No. 384, 1997 ˙ ‘ Constituents of marine park ‘ 5C. For section 15 of the Act, the following are taken to be in a marine park and, for the purposes of the Act, part of an area described in schedule 4— (a) the subsoil beneath tidal land in the area to a depth of 1 000 m below the surface of the area; (b) the airspace above the area to a height of 915 m above the surface of the area. ˙ ‘ Name of marine park ‘ 5D. Each area set apart and declared as a marine park in schedule 4 has the name given to it in the schedule.’. ˙ Replacement of pt 9 (Moreton Bay Marine Park) 6. Part 9— omit, insert— ‘ PART 9—REVOCATION OF MARINE PARKS ˙ ‘ Marine parks revoked ‘ 45. The following marine parks set apart and declared under the Act are revoked— (a) the Moreton Bay Marine Park; (b) the Pumicestone Passage Marine Park. ˙ ‘ Instruments repealed ‘ 46. The following instruments are repealed— (a) the Marine Parks (Moreton Bay) Order 1993 ; (b) the instrument, made as an order in council and published in the gazette on 1 February 1986 at page 426, setting apart and declaring the Pumicestone Passage Marine Park.

s7 4 Marine Parks Amendment (No. 2) ˙ ‘ Expiry of part ‘ 47. This part expires on the day it commences.’. s7 No. 384, 1997 ˙ Insertion of new sch 4 7. After schedule 3— insert— ‘ SCHEDULE 4 ‘ AREAS DECLARED TO BE MARINE PARKS sections 5B and 5D ‘ MORETON BAY MARINE PARK ˙ ‘ Name of marine park ‘ 1. The name Moreton Bay Marine Park is assigned to the area set apart and declared as a marine park in section 2. ˙ ‘ Area declared to be marine park ‘ 2.(1) The area of tidal waters and tidal land (other than freehold tidal land) enclosed by the boundary that— (a) starts at the most easterly point of H.A.T. level at Caloundra Head; and (b) then runs in a generally south-easterly direction along a geodesic that is tangential to, and connects with, an arc of 3 n miles radius from 26°58.80' south, 153°29.00' east (Flinders Reef), at a point on the arc generally north-east of its centre; and (c) then runs in a generally south-easterly and then generally southerly direction along the arc to the parallel of latitude 26°58.80' south (the most easterly point of the arc); and

s7 5 s7 Marine Parks Amendment (No. 2) No. 384, 1997 (d) then runs in a generally southerly direction along a geodesic to a point 3 n miles east of the most easterly point of North Stradbroke Island; and (e) then runs in a generally southerly direction along a line 3 n miles seaward of the eastern side of North Stradbroke Island and South Stradbroke Island to a point 3 n miles east of the most easterly point of the Gold Coast Seaway rock wall on South Stradbroke Island; and (f) then runs in a westerly direction along the parallel of latitude to the most easterly point of the H.A.T. line on the Gold Coast Seaway rock wall on South Stradbroke Island; and (g) then runs in a generally westerly and then generally north-westerly direction along the H.A.T. line along the southern edge of the rock wall to the intersection of the H.A.T. line by the 27°56.00' south parallel of latitude on the western side of South Stradbroke Island; and (h) then runs in a westerly direction along the parallel of latitude to the point where it intersects the 153°25.15' east meridian; and (i) then runs in a generally northerly direction along successive geodesics that run in turn to each of the following points— (i) 27°55.08' south, 153°24.73' east; (ii) 27°53.79' south, 153°24.22' east; (iii) 27°53.12' south, 153°24.33' east; (iv) 27°52.77' south, 153°24.55' east; (v) 27°52.59' south, 153°24.73' east; (vi) 27°51.98' south, 153°24.54' east; and (j) then runs in a generally south-westerly direction along successive geodesics that run in turn to each of the following points— (i) 27°52.13' south, 153°23.91' east; (ii) 27°52.45' south, 153°23.72' east; (iii) 27°52.60' south, 153°23.56' east; (iv) 27°52.64' south, 153°23.37' east;

s7 6 s7 Marine Parks Amendment (No. 2) No. 384, 1997 (v) 27°52.69' south, 153°23.14' east; and (k) then runs in a generally south-westerly direction along a geodesic to the point 27°52.85' south, 153°22.93' east, under the bridge linking Jabiru Island to Oxley Drive, Paradise Point; and (l) then runs in a generally southerly direction along successive geodesics that run in turn to each of the following points— (i) 27°52.97' south, 153°22.90' east; (ii) 27°53.31' south, 153°22.88' east; and (m) then runs in a generally southerly direction along a geodesic to the point on the eastern bank of Coombabah Creek at which the H.A.T. line is intersected by an imaginary extension of the northern property boundary of lot 7V on W311837 (Daisy Elms Park); and (n) then runs in a generally south-westerly direction along the H.A.T. line along the south-eastern bank of Coombabah Creek and Coombabah Lake to the intersection of the H.A.T. line by the north-eastern side of the Gold Coast Highway bridge spanning Coombabah Creek at Helensvale; and (o) then runs in a generally north-westerly direction along the north-eastern side of the bridge to the intersection of the north-eastern side of the bridge by the H.A.T. line on the north-western bank of Coombabah Creek; and (p) then runs in a generally north-easterly direction along the H.A.T. line on the north-western side of Coombabah Lake and Coombabah Creek to the most easterly point of lot 65 on W3134, Helensvale; and (q) then runs in a generally westerly direction along a geodesic to the H.A.T. line at the most southerly point of lot 322 on RP81555; and (r) then runs in a generally north-easterly and then generally northerly direction along the H.A.T. line to the most north-easterly point of the H.A.T. line on the south bank of Hope Harbour in the vicinity of Boykambil, Hope Island; and (s) then runs in a generally northerly direction along successive

s7 7 s7 Marine Parks Amendment (No. 2) No. 384, 1997 geodesics that run in turn to each of the following points— (i) 27°52.15' south, 153°22.84' east; (ii) 27°51.70' south, 153°22.85' east; (iii) 27°51.56' south, 153°22.76' east; (iv) 27°51.39' south, 153°22.60' east; (v) 27°51.31' south, 153°22.12' east; (vi) 27°51.12' south, 153°21.83' east; and (t) then runs in a generally north-westerly direction along a geodesic that passes through the most westerly point of the boundary of lot 2 on RP50850 to the intersection of the geodesic by the H.A.T. line on the north bank of the north branch of the Coomera River; and (u) then runs in a generally easterly and then generally northerly direction along the H.A.T. line to the point where the boundary started. ‘ (2) However, the area does not include the following non-freehold tidal waters and tidal land— (a) in the vicinity of Jabiru Island—the bridge that connects Broadwater Avenue and Oxley Drive to Jabiru Island; (b) in the vicinity of the unnamed creek immediately south of Hope Harbour—all areas upstream from the eastern side of the Boykambil Esplanade road crossing; (c) in the vicinity of the Pimpama River—all areas upstream from the eastern side of the Kerkin Road crossing; (d) in the vicinity of Behm Creek—all areas upstream from the eastern side of the Stapylton-Jacobs Well Road crossing; (e) in the vicinity of Logan River—all areas upstream from a geodesic drawn between the most easterly point of the boundary of lot 94 on S31102 and a point on the H.A.T. line on the south-eastern bank of Logan River south-east (at a bearing of 135°) of the most easterly point of the boundary of lot 94 on S31102;

s7 8 s7 Marine Parks Amendment (No. 2) No. 384, 1997 (f) in the vicinity of Weinam Creek—the area of Special Lease No. 50765A over lot 200 on SL12672; (g) in the vicinity of Moogurrapum Creek—all areas upstream from a geodesic drawn between the most southerly point of lot 101 on RP887472 and the most westerly point of lot 992 on RP894060; (h) in the vicinity of Eprapah Creek—all areas upstream from the north-eastern side of the Cleveland-Redland Bay Road crossing; (i) in the vicinity of Toondah Harbour—lot 19 on CP904126; (j) in the vicinity of Ross Canal, Raby Bay—all areas landward of a geodesic drawn between the most north-easterly point of the H.A.T. line on the western side of the mouth of Ross Canal and the most north-westerly point of the H.A.T. line on the eastern side of the mouth of Ross Canal; (k) in the vicinity of Endeavour Canal, Raby Bay—all areas landward of a geodesic drawn between the most north-easterly point of the H.A.T. line on the western side of the mouth of Endeavour Canal and the most north-westerly point of the H.A.T. line on the eastern side of the mouth of Endeavour Canal; (l) in the vicinity of Hilliards Creek—all areas upstream from a geodesic drawn between the most southerly point of lot 3 on RP 219149 and the most westerly point of lot 2 on RP165282; (m) in the vicinity of Wood Canal, Birkdale—all areas upstream from a geodesic drawn between the most easterly point of the H.A.T. line on the western side of the mouth of Wood Canal and the most westerly point of the H.A.T. line on the eastern side of the mouth of Wood Canal; (n) in the vicinity of Tingalpa Creek—all areas upstream from the north-eastern side of the Brisbane to Cleveland railway line crossing; (o) in the vicinity of Lota Creek—all areas upstream from the eastern side of the Brisbane to Cleveland railway line crossing; (p) in the vicinity of Manly Boat Harbour—all areas landward of a geodesic drawn between the most easterly point of the H.A.T. line on the rock wall forming the northern side of the entrance to Manly Boat Harbour and the most northerly point of the H.A.T.

s7 9 s7 Marine Parks Amendment (No. 2) No. 384, 1997 line on the rock wall forming the southern side of the entrance to Manly Boat Harbour; (q) in the vicinity of Fisherman Islands and Brisbane River—all areas landward of the boundary that— (i) starts at the most easterly point of the H.A.T. line on the existing Fisherman Islands rock wall; and (ii) then runs in a generally north-easterly direction to the point 27°21.27' south, 153°12.07' east; and (iii) then runs in a generally north-westerly direction along a geodesic to the point 27°20.68' south, 153°11.00' east, on the north-western side of the Brisbane River Entrance Channel; and (iv) then runs in a generally south-westerly direction along a geodesic to the most easterly end of the northern boundary of lot 41 on SL482 in the vicinity of Luggage Point; (r) in the vicinity of Luggage Point—lot 41 on SL482; (s) in the vicinity of Jubilee Creek—lot 52 on SL3587; (t) in the vicinity of the Brisbane Airport proposed cross-runway extension—all areas landward of the boundary that— (i) starts on the H.A.T. line at the intersection of the H.A.T. line with the meridian 153°07.56' east; and (ii) then runs in a generally north-westerly direction along a geodesic to the point 27°20.55' south, 153°06.91' east; and (iii) then runs in a generally south-westerly direction along a geodesic to the point 27°20.74' south, 153°06.56' east; and (iv) then runs in a generally south-easterly direction along a geodesic to the point of intersection between the H.A.T. line and the meridian 153°06.88' east; (u) in the vicinity of Shultz Canal (Kedron Brook Floodway), Brisbane Airport—all areas upstream from a geodesic drawn between the most easterly point of the H.A.T. line on the western side of the mouth of Shultz Canal and the most northerly point of the H.A.T. line in the vicinity of Jacksons Creek on the eastern

s 7 10 s 7 Marine Parks Amendment (No. 2) No. 384, 1997 side of the mouth of Shultz Canal; (v) in the vicinity of Nundah Creek—all areas upstream from the northern side of the Gateway Arterial Road crossing; (w) in the vicinity of Cabbage Tree Creek—all areas upstream of the boundary that— (i) starts on the H.A.T. line at Shorncliffe, in the vicinity of Baxters Jetty, at the intersection of the H.A.T. line by an imaginary extension of the south-western side of Sunday Street, Shorncliffe; and (ii) then runs in a generally south-easterly direction along a geodesic that forms a continuation of the imaginary extension of the south-western side of Sunday Street, to the mid channel line of Cabbage Tree Creek; and (iii) then runs in a generally south-westerly direction along the mid channel line to the point of juncture of the mid channel line with the mid channel line of Nundah Creek; and (iv) then runs in a generally south-westerly direction along a geodesic to the most northerly point of the H.A.T. line in the vicinity of the juncture of the south bank of Cabbage Tree Creek and the south-western bank of Nundah Creek; (x) in the vicinity of Bald Hills Creek—all areas upstream from a geodesic formed by an imaginary extension of the south-western property boundary of lot 232 on SL3085 in a generally south-easterly direction to the H.A.T. line on the eastern bank of Bald Hills Creek; (y) in the vicinity of Pine River—all areas upstream from a line 50 m downstream from, and parallel to, the eastern side of the Bruce Highway (Gympie Arterial Road) crossing; (z) the 2 bridges in the vicinity of Hays Inlet that connect Clontarf and Brighton; (za) in the vicinity of Hays Inlet—all areas upstream from the eastern side of the Anzac Avenue road crossing; (zb) in the vicinity of Scarborough Boat Harbour—all areas landward of a geodesic drawn between the most easterly point of the

s 7 11 s 7 Marine Parks Amendment (No. 2) No. 384, 1997 H.A.T. line on the rock wall forming the northern side of the entrance to Scarborough Boat Harbour and the most westerly point of the H.A.T. line on the rock wall forming the southern side of the entrance to Scarborough Boat Harbour; (zc) in the vicinity of Newport Waterways Canal Estate—all areas upstream from a geodesic drawn between the most northerly point of the H.A.T. line on the western side of the mouth of Albatross Canal and the most north-westerly point of the H.A.T. line on the eastern side of the mouth of Albatross Canal; (zd) in the vicinity of the Little Burpengary Creek—all areas upstream from a geodesic formed by an imaginary extension of the northern property boundary of lot 31 on RP133297 in a generally westerly direction to the H.A.T. line on the western bank of Little Burpengary Creek; (ze) in the vicinity of the Burpengary Creek—all areas upstream from a geodesic formed by an imaginary extension of the eastern property boundary of lot 1 on RP51144 in a generally northerly direction to the H.A.T. line on the northern bank of Burpengary Creek; (zf) in the vicinity of the Caboolture River—all areas upstream from a geodesic formed by an imaginary extension of the north-eastern property boundary of lot 24 on S31125 in a generally north-westerly direction to the H.A.T. line on the northern bank of Caboolture River; (zg) in the vicinity of King Johns Creek—all areas upstream from the south-western side of the Beachmere Road; (zh) the bridge that connects Benabrow Avenue, Bellara, Bribie Island to the Caboolture-Bribie Island Road at Toorbul; (zi) in the vicinity of the western branch of Bells Creek—all areas upstream of the western branch of Bells Creek from the parallel of latitude that passes through the most northerly point of lot 10 on RP812042, west of the most northerly point of lot 10 on RP812042; (zj) in the vicinity of the northern branch of Bells Creek—all areas upstream from a geodesic formed by an imaginary extension of

s 7 12 s 7 Marine Parks Amendment (No. 2) No. 384, 1997 the northern property boundary of lot 14 on RP857217 in a generally westerly direction to the H.A.T. line on the western bank of the creek; (zk) in the vicinity of Lamerough Creek, Golden Beach—all areas upstream from the eastern side of Landsborough Parade; (zl) in the vicinity of Dux Creek—all areas upstream from a geodesic drawn between the most southerly point of the H.A.T. line on the northern side of the mouth of Dux Creek and the most westerly point of the H.A.T. line on the southern side of the mouth of Dux Creek. ‘ (3) Also, the area includes the following freehold tidal waters and tidal land— (a) all tidal waters and tidal land of lot 212 on WD5230 and lot 4 on RP841229 (Phil Hill Environmental Park); (b) in the vicinity of Behm Creek—all tidal waters and tidal land of lot 495 on W311031 and lot 258 on WD943; (c) all tidal waters and tidal land of lot 4 on RP184503 (Point Halloran Conservation Area); (d) all tidal waters and tidal land of R244 (Geoff Skinner Reserve); (e) in the vicinity of Glass Mountain Creek—all tidal lands and tidal waters of lot 24 on C31539, lot 2 on RP93905, lot 26 on C31778 and lot 35 on C311542.’. ENDNOTES 1. Made by the Governor in Council on 13 November 1997. 2. Notified in the gazette on 14 November 1997. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Environment. © State of Queensland 1997