Marine Parks and Other Legislation Amendment and Repeal Regulation (No. 1) 2004 (Qld)

Queensland Marine Parks and Other Legislation Amendment and Repeal Regulation (No. 1) 2004 Subordinate Legislation 2004 No. 238 made under the Environmental Protection Act 1994 Marine Parks Act 1982 State Penalties Enforcement Act 1999 Transport Operations (Marine Pollution) Act 1995 Contents Part 1 1 Part 2 2 3 Part 3 4 5 6 7 8 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of Environmental Protection Regulation 1998 Regulation amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of sch 1A (Criteria for standard mining activities) . . 4 Amendment of Marine Parks Regulation 1990 Regulation amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of s 1 (Citation). . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Insertion of new ss 3–4C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 3 Notes in text . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 4 References to latitudes and longitudes . . . . . . . . . . . 8 4A References to H.A.T., high water etc. . . . . . . . . . . . . . 9 4B References to relevant mangrove line . . . . . . . . . . . . 10 4C References to bracketed reef numbers . . . . . . . . . . . 10 Insertion of new pt 1B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

2 Marine Parks and Other Legislation Amendment and No. 238, 2004 Repeal Regulation (No. 1) 2004 Part 1B Amalgamation of marine parks 5E Amalgamation of particular marine parks. . . . . . . . . . 11 9 Amendment of s 9 (Application for permission to enter or use marine park) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 10 Insertion of new ss 9AA and 9AB. . . . . . . . . . . . . . . . . . . . . . . . . 13 9AA Advertising of application in particular circumstances 13 9AB Matters chief executive may or must consider for considering application. . . . . . . . . . . . . . . . . . . . . . . . 14 11 Amendment of s 10 (Grant or refusal of permission) . . . . . . . . . . 15 12 Insertion of new ss 13A and 13B . . . . . . . . . . . . . . . . . . . . . . . . . 16 13A Requirements about giving authorisations under permission . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 13B Effect of authorisations given under permission. . . . . 17 13 Amendment of s 14 (Entry in emergency) . . . . . . . . . . . . . . . . . . 17 14 Insertion of new s 18A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 18A Chief executive may give directions for carrying out activities in a zone . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 15 Amendment of s 20 (Discharging etc. of wastes) . . . . . . . . . . . . . 18 16 Replacement of s 26 (Entry of domestic animals) . . . . . . . . . . . . 18 26 Entry of domestic animals into particular areas . . . . . 18 26A Entry of vehicles into particular areas . . . . . . . . . . . . 20 26B Lighting of fires in particular areas . . . . . . . . . . . . . . . 20 17 Amendment of s 27 (Temporary restricted areas) . . . . . . . . . . . . 21 18 Amendment of s 34 (Offences relating to spearfishing) . . . . . . . . 22 19 Insertion of new pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Part 9 Transitional provisions for Marine Parks and Other Legislation Amendment and Repeal Regulation (No. ..) 2004 44A Definitions for pt 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 44B Continuing effect of relevant permissions. . . . . . . . . . 23 44C Applications in progress for permissions . . . . . . . . . . 23 44D Particular previously authorised conduct still authorised—first 120 days after commencement . . . . 24 44E Particular previously authorised conduct still authorised—after first 120 days after commencement 25 20 Amendment of sch 1 (Fees for assessment of application for permission to carry out tourism activity). . . . . . . . . . . . . . . . . . . . 25 21 Amendment of sch 4 (Areas declared to be marine parks) . . . . . 26 22 Insertion of new schs 5–9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

Part 4 23 24 Part 5 25 26 27 28 Part 6 29 3 Marine Parks and Other Legislation Amendment and No. 238, 2004 Repeal Regulation (No. 1) 2004 Schedule 5 Great Barrier Reef Coast Marine Park Schedule 6 Mackay/Capricorn Management Area Schedule 7 Townsville/Whitsunday Management Area Schedule 8 Cairns/Cooktown Management Area Schedule 9 Far Northern Management Area Schedule 10 Outer Islands Management Area Amendment of State Penalties Enforcement Regulation2000 Regulation amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 2 (Environmental legislation) . . . . . . . . . . . . . Amendment of Transport Operations (Marine Pollution)Regulation 1995 Regulation amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 8 (Designated areas). . . . . . . . . . . . . . . . . . . Insertion of new of sch 8A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schedule 8A Areas within the Great Barrier Reef Coast Marine Park that are designated areas Amendment of sch 10 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . Repeal provision Repeal of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 103 104 104 104 144 145

s1 4 s5 Marine Parks and Other Legislation Amendment and No. 238, 2004 Repeal Regulation (No. 1) 2004 Part 1 Preliminary 1 Short title This regulation may be cited as the Marine Parks and Other Legislation Amendment and Repeal Regulation (No. 1) 2004 . Part 2 Amendment of Environmental Protection Regulation 1998 2 Regulation amended in pt 2 This part amends the EnvironmentalProtectionRegulation1998 . 3 Amendment of sch 1A (Criteria for standard mining activities) Schedule 1A, section 1(d), ‘Marine Park Region’— omit, insert — ‘Region’. Part 3 Amendment of Marine Parks Regulation 1990 4 Regulation amended in pt 3 This part amends the Marine Parks Regulation 1990. 5 Amendment of s 1 (Citation) Section 1, heading—

s6 5 s6 Marine Parks and Other Legislation Amendment and No. 238, 2004 Repeal Regulation (No. 1) 2004 omit, insert — ‘1 Short title’. 6 Amendment of s 4 (Definitions) (1) Section 4, definition Great Barrier Reef marine park — omit . (2) Section 4— insert — ‘ 500 m line , around a reef, means the line every point of which is 500 m seaward from the seaward edge of the reef. 1 km line , around a reef, means the line every point of which is 1 km seaward from the seaward edge of the reef. 2 km line , around a reef, means the line every point of which is 2 km seaward from the seaward edge of the reef. Cairns/Cooktown Management Area means the area consisting of the areas mentioned and described in schedule 8. coastal 20 m line , around the mainland, means the line every point of which is 20 m seaward from the mainland at high water. coastal 100 m line — 1 The coastal 100 m line around the mainland is the line every point of which is 100 m seaward from the mainland at low water. 2 However, to the extent there is a fringing reef around the mainland, the coastal 100 m line is the line every point of which is 100 m seaward from the seaward edge of the fringing reef. coastal 500 m line — 1 The coastal 100 m line around an island, the mainland, a rock or a group of rocks, is the line every point of which is 500 m seaward from the island, the mainland, the rock or the group of rocks, at low water.

s6 6 s6 Marine Parks and Other Legislation Amendment and No. 238, 2004 Repeal Regulation (No. 1) 2004 2 However, to the extent there is a fringing reef around the island, the mainland, the rock or the group of rocks, the coastal 500 m line is the line every point of which is 500 m seaward from the seaward edge of the fringing reef. coastal 1 km line — 1 The coastal 1 km line around an island is the line every point of which is 1 km seaward from the island at low water. 2 However, to the extent there is a fringing reef around the island, the coastal 1 km line is the line every point of which is 1 km seaward from the seaward edge of the fringing reef. coastal 5 km line — 1 The coastal 5 km line around an island or the mainland is the line every point of which is 5 km seaward from the island or the mainland at low water. 2 However, to the extent there is a fringing reef around the island or the mainland, the coastal 5 km line is the line every point of which is 5 km seaward from the seaward edge of the fringing reef. coastal line , in relation to an island or the mainland, means a line that— (a) runs along the island or mainland at high water; and (b) at each point where a mouth of a river, creek or stream meets the island or mainland at high water, joins 1 side of the mouth to the other side of the mouth in a straight line. Far Northern Management Area means the area consisting of the areas mentioned and described in schedule 9. farming facility means a facility for the farming of marine resources. fringing reef , in relation to an island or the mainland, means a reef that adjoins, overlaps or is in close proximity to the island or the mainland at low water.

s6 7 s6 Marine Parks and Other Legislation Amendment and No. 238, 2004 Repeal Regulation (No. 1) 2004 GBR Coast Marine Park means the marine park mentioned and described in schedule 5. GBR Coast Marine Park (interim) means the marine park mentioned and described in schedule 4, part 3. high water means the mean height of the highest high water at spring tide. landing area means an area for the landing of aircraft. low water means the mean height of the lowest low water at spring tide. Mackay/Capricorn Management Area means the area consisting of the areas mentioned and described in schedule 6. mangrove forest means a community of mangroves that— (a) has a continuous canopy; and (b) an obvious outer boundary. mangrove line , for a mangrove forest, means a line that— (a) runs along the outer boundary of the forest; and (b) at each point where there is a gap in the outer boundary of the forest, runs along— (i) if the gap is caused by a mouth of a river, creek or stream—the line that joins 1 side of the river, creek or stream to the other side by running in the general trend of the outer boundary of the forest; or (ii) if subparagraph (i) does not apply— (A) if the gap is near the mainland—the mainland at high water; or (B) if the gap is near an island—the island at high water. Outer Islands Management Area means the area consisting of the areas mentioned and described in schedule 10. territorial sea baseline has the meaning given under the Seas and Submerged Lands Act 1973 (Cwlth) by proclamation in Gazette No. S 29 (Cwlth) dated 9 February 1983 at pages 2

s7 8 s7 Marine Parks and Other Legislation Amendment and No. 238, 2004 Repeal Regulation (No. 1) 2004 to 14 as amended by proclamation in Gazette No. S 57 (Cwlth) dated on 31 March 1987 at page 35. Townsville/Whitsunday Management Area means the area consisting of the areas mentioned and described in schedule 7. Trinity Inlet fish habitat area means the Trinity Inlet fish habitat area— (a) declared under the Fisheries Regulation 1995 ; and (b) as it was immediately before the commencement of schedule 5. 1 ’. (3) Section 4— renumber as section 2. 7 Insertion of new ss 3–4C After section 2— insert — ‘3 Notes in text ‘A note in the text of this regulation is part of the regulation. ‘4 References to latitudes and longitudes ‘The latitudes and longitudes used to describe an area mentioned in this regulation are worked out using— (a) for an area mentioned in schedule 4, part 1—the Australian Geodetic Datum 1984, commonly called ‘AGD84’, defined in the technical report by Allman J S and Veebstra C titled ‘Geodetic Model of Australia 1982’, Technical Report 33, published in 1984 by the 1 The Trinity Inlet fish habitat area as it was immediately before the commencement of schedule 5 is shown on plan FHA-003 [Revision 2]. See the Fisheries Regulation 1995 , schedule 7 (Fish habitat areas), section 68 (Trinity Inlet fish habitat area).

s7 9 s7 Marine Parks and Other Legislation Amendment and No. 238, 2004 Repeal Regulation (No. 1) 2004 Commonwealth Department of Resources and Energy, Division of National Mapping; 2 or (b) for an area mentioned in schedule 4, part 2, or schedule 6, 7, 8 or 9—the Geocentric Datum of Australia 1994, commonly called ‘GDA94’, notified in the Commonwealth Government Gazette No. GN 35 on 6 September 1995, at page 3369. ‘4A References to H.A.T., high water etc. ‘(1) A reference in this regulation to the mainland, an island or another natural feature at H.A.T., high water, L.A.T., or low water is a reference to the line that represents H.A.T., high water, L.A.T., or low water adjacent to the mainland, the island or the natural feature. Examples of natural features — bay, cliff, creek, inlet, river, rock ‘(2) A reference to the bank of a creek, inlet or river is a reference to the line that— (a) runs along the outer limit of the defined channel of the creek, inlet or river; and (b) follows the upper limit of the land in the channel that is covered by the waters of the creek, inlet or river— (i) for a reference to the bank at H.A.T.—at H.A.T.; or (ii) for a reference to the bank at high water—at high water; or (iii) for a reference to the bank at L.A.T.—at L.A.T.; or (iv) for a reference to the bank at low water—at low water. ‘(3) In this section— the mainland includes a part of the mainland. 2 The report may be inspected, during office hours on business days, at the southern regional office of the Department of Natural Resources and Mines located at the Landcentre, Cnr Vulture and Main Streets, Woolloongabba, Qld.

s 8 10 s 8 Marine Parks and Other Legislation Amendment and No. 238, 2004 Repeal Regulation (No. 1) 2004 Note — See also the Survey and Mapping Infrastructure Act 2003, section 60 (References to features forming part of an administrative area boundary) for other rules of interpretation for working out boundaries mentioned in this regulation. ‘4B References to relevant mangrove line ‘(1) This section applies if schedule 6, 7, 8 or 9 states that the boundary of an area described in the schedule runs along the relevant mangrove line. ‘(2) The relevant mangrove line is the mangrove line for the mangrove forest that is between— (a) the point at which the boundary of the area starts to run along the mangrove line; and (b) the point at which the boundary of the area stops running along the mangrove line. ‘(3) For subsection (2), the mangrove forest is taken to be a continuous forest between the 2 points mentioned in the subsection even if there is a gap in the forest. ‘4C References to bracketed reef numbers ‘(1) In schedules 6, 7, 8 and 9, a reference to a bracketed reef number after a description of a reef is included to provide additional information for identifying the reef. ‘(2) In this section— reef number means the word ‘reef’ followed by a sequence of numbers separated by a dash.’. 8 Insertion of new pt 1B After section 5D— insert —

s 8 11 s 8 Marine Parks and Other Legislation Amendment and No. 238, 2004 Repeal Regulation (No. 1) 2004 ‘Part 1B Amalgamation of marine parks ‘5E Amalgamation of particular marine parks ‘(1) The pre-existing marine parks are amalgamated. ‘(2) The amalgamated marine park is— (a) named the ‘Great Barrier Reef Coast Marine Park’; and (b) described in schedule 5. ‘(3) If there is any inconsistency between a boundary of the amalgamated marine park provided for in schedule 5 and the boundary of a pre-existing marine park, the boundary of the amalgamated marine park is taken to be the boundary of the pre-existing marine park to the extent of the inconsistency. 3 Note — The latitudes and longitudes used to describe a boundary of a pre-existing marine park may have been worked out using a system other than the system used to describe the boundaries of the amalgamated marine park. ‘(4) In this section— amalgamated marine park means the marine park amalgamated under subsection (1). pre-existing marine park means each of the following— (a) Mackay/Capricorn Marine Park; 3 For the boundaries for a pre-existing marine park, see— (a) for the Mackay/Capricorn Marine Park—the repealed instrument made as an order in council under the Act and gazetted on 27 August 1988 at pages 3657 and 3658; (b) for the Townsville/Whitsunday Marine Park—the repealed instrument made as an order in council under the Act and gazetted on 3 October 1987 at page 395; (c) for the Cairns Marine Park—the repealed Marine Parks (Cairns) Order 1992 ; (d) or the Trinity Inlet/Marlin Coast Marine Park—schedule 4, part 2, of this regulation; (e) for the GBR Coast Marine Park (interim)—schedule 4, part 3, of this regulation.

s 9 12 s 9 Marine Parks and Other Legislation Amendment and No. 238, 2004 Repeal Regulation (No. 1) 2004 (b) Townsville/Whitsunday Marine Park; (c) Cairns Marine Park; (d) Trinity Inlet/Marlin Coast Marine Park; (e) GBR Coast Marine Park (interim).’. 9 Amendment of s 9 (Application for permission to enter or use marine park) (1) Section 9— insert — ‘(3A) Also, an application for a permission to enter or use a zone or designated area of a marine park for research must include the following information— (a) the purpose of the research; (b) a brief description of how the research is to be undertaken, including, in particular— (i) a description of the sequence and location of any fieldwork to be carried out in the marine park; and (ii) an explanation of the experimental design and methods of analysis to be used in the research; and (iii) the number, quantity and description of any specimens of animals, plants or other marine products to be taken for the research; and (iv) the methods to be used in taking the specimens mentioned in subparagraph (iii); (c) the frequency and duration of visits to the zone or designated area for the research. ‘(3B) A zoning plan for a marine park may provide for other requirements for an application for a permission for an area within the marine park.’. (2) Section 9(4A), from ‘subsection (4)’ to ‘days of’— omit, insert — ‘subsection (5) must be given to the chief executive within 21 days after’.

s 10 13 s 10 Marine Parks and Other Legislation Amendment and No. 238, 2004 Repeal Regulation (No. 1) 2004 (3) Section 9(4C), ‘subsection (4), (4A) or (4B)’— omit, insert — ‘subsection (5), (6) or (7)’. (4) Section 9(5) to (7)— omit. (5) Section 9(3) to (4C)— renumber as section 9(2) to (8). 10 Insertion of new ss 9AA and 9AB After section 9— insert — ‘9AA Advertising of application in particular circumstances ‘(1) This section applies if the chief executive considers that the grant of an application for a permission may restrict the reasonable use of a part of the marine park by persons other than the applicant. ‘(2) The chief executive may give the applicant a written notice stating— (a) that the applicant must give public notice of the application within a stated period; and (b) the information that must be included in the notice the subject of the public notice. ‘(3) The applicant must— (a) give the public notice; and (b) ensure the notice the subject of the public notice— (i) includes the stated information; and (ii) invites interested persons to make written submissions to the chief executive, in relation to the application— (A) at an address stated in the notice; and

s 10 14 s 10 Marine Parks and Other Legislation Amendment and No. 238, 2004 Repeal Regulation (No. 1) 2004 (B) within a stated period of not less than 30 days. ‘(4) Before deciding whether to grant or refuse the permission the subject of the application, the chief executive must consider any written submissions received by the chief executive in response to the public notice. ‘(5) An applicant gives public notice for this section if the applicant ensures a notice is published on at least 2 days in a 14 day period in each of the following— (a) the gazette; (b) a newspaper that circulates throughout the State; (c) a local newspaper that circulates in the part of the State that is adjacent to the part of the marine park to which the application relates. ‘9AB Matters chief executive may or must consider for considering application ‘(1) In considering an application for a permission, the chief executive may consider any relevant matter for the application. ‘(2) Without limiting subsection (1), the chief executive must have regard to the following— (a) the objectives of the zone or the marine park for which the application is made; (b) the orderly and proper management of the marine park for which the application is made; (c) the conservation of the natural or cultural resources of the marine park for which the application is made; (d) any management plan for the marine park, for which the application is made, that is approved by the Minister under section 17; (e) the existing use and amenity, and the future or desirable use and amenity, of the location, and areas adjacent to the location, for which the application is made;

s 11 15 s 11 Marine Parks and Other Legislation Amendment and No. 238, 2004 Repeal Regulation (No. 1) 2004 (f) the size, extent and location of any proposed use in relation to the way the location, and the areas adjacent to the location, are being used; (g) the likely effects of any proposed use in the location for which the application is made on— (i) the areas adjacent to the location; and (ii) the environment; (h) the proposed means of access to and egress from the marine park; (i) the use and adequacy of provisions for mooring, landing, parking, loading and unloading a vehicle, vessel or aircraft; (j) the nature of the equipment to be used for the proposed use; (k) the arrangements for the removal, upon the expiration of the permission, of the structure, landing area, farming facility or vessel or any other thing that is to be built, assembled, constructed or fixed in position for the proposed use; (l) the arrangements for making good any damage caused by the proposed activity to the marine park for which the application is made; (m) any fee or other amount that is overdue for payment by the applicant as the holder of a permission for which the fee or amount is payable; (n) if the application relates to an undeveloped project, the cost of which will be large—the capacity of the applicant to satisfactorily develop the project. ‘(3) A zoning plan for a marine park may state other matters the chief executive must also have regard to when considering an application for a permission for an area within the marine park.’. 11 Amendment of s 10 (Grant or refusal of permission) (1) Section 10—

s 12 16 s 12 Marine Parks and Other Legislation Amendment and No. 238, 2004 Repeal Regulation (No. 1) 2004 insert — ‘(1A) Without limiting the conditions the chief executive may impose on a permission, the chief executive may impose the following conditions on a permission— (a) a condition that provides for an indemnity for the State against any liability for loss or damage that is suffered by any person and is caused, whether directly or indirectly, by the activities carried out under the permission; (b) a condition that provides for the compensation or reimbursement of any loss or expense incurred by the chief executive in relation to activities carried out under the permission.’. (2) Section 10(1A) to (3)— renumber as section 10(2) to (4). 12 Insertion of new ss 13A and 13B After section 13— insert — ‘13A Requirements about giving authorisations under permission ‘(1) This section applies if a permission includes a condition that the holder of the permission may authorise another person to carry out an activity that may be lawfully carried out under the permission for a stated period. ‘(2) The holder of the permission may give the authorisation only by giving the other person a written notice stating the relevant matters for the authorisation. ‘(3) In this section— relevant matters , for an authorisation, means the following— (a) the name of the person to whom the authorisation is given; (b) the date on which the authorisation was given;

s 13 17 s 13 Marine Parks and Other Legislation Amendment and No. 238, 2004 Repeal Regulation (No. 1) 2004 (c) the nature of the activity the person is authorised to carry out under the authorisation. ‘13B Effect of authorisations given under permission ‘(1) A person to whom an authorisation is given under a permission may carry out an activity that is stated in the notice given to the person under section 13A(2). ‘(2) For subsection (1)— (a) the person to whom the authorisation is given is taken to have been granted a permission for the activity; and (b) the permission is taken to be subject to the conditions that are imposed on the permission under which the authorisation was given and that are relevant to the activity. ‘(3) To remove doubt, a person who gives an authorisation under a permission may still carry out, under the permission, any activity for which the person has given an authorisation under the permission.’. 13 Amendment of s 14 (Entry in emergency) (1) Section 14(d), ‘environment.’— omit, insert — ‘environment, including, in particular, dealing with, under an Act, an emergency threat of pollution to the marine environment.’. (2) Section 14— insert — ‘(e) to remove or salvage, under an Act, 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 an emergency threat to the marine environment or safety.’.

s 14 18 s 16 Marine Parks and Other Legislation Amendment and No. 238, 2004 Repeal Regulation (No. 1) 2004 14 Insertion of new s 18A Part 5, before section 19— insert — ‘18A Chief executive may give directions for carrying out activities in a zone ‘(1) This section applies if— (a) a zoning plan states a person may enter or use a zone within a marine park by giving notice to the chief executive; and (b) a person gives the chief executive a notice under the zoning plan stating the person intends to enter or use an area within the zone. ‘(2) The chief executive may give the person a written notice that includes a direction about how the person may enter or use the area in the zone, or the marine park, if the direction is reasonably necessary for the protection or preservation of the marine park or property or other things in the marine park. 4 ’. 15 Amendment of s 20 (Discharging etc. of wastes) Section 20(2)(b)— omit, insert — ‘(b) to the discharging of offal, from a fish caught within a marine park, from a vessel or an aircraft.’. 16 Replacement of s 26 (Entry of domestic animals) Section 26— omit, insert — ‘26 Entry of domestic animals into particular areas ‘(1) This section is subject to the provisions of any applicable zoning plan. ‘(2) The chief executive may— 4 See section 42 (Offences and penalties).

s 16 19 s 16 Marine Parks and Other Legislation Amendment and No. 238, 2004 Repeal Regulation (No. 1) 2004 (a) declare an area within a marine park to be a prescribed area for this section; and (b) cause notices to be displayed stating the entry of any of the following (each a prohibited animal for the prescribed area) is prohibited— (i) any domestic animal; (ii) an animal of a particular class of domestic animals. ‘(3) A person must not bring a prohibited animal for a prescribed area into the prescribed area. ‘(4) Also, a person must not bring a domestic animal onto tidal land that is— (a) within the GBR Coast Marine Park; and (b) adjacent to— (i) the Capricornia Cays National Park; or (ii) the Whitsunday Islands National Park. 5 ‘(5) Neither subsection (3) nor (4) applies if the animal— (a) is kept, at all times, on board a vessel, vehicle or aircraft that is permitted to be in the area; or (b) is in the prescribed area or on the tidal land under a tourist program; or (c) is a guide dog or a guide dog trainee. ‘(6) In this section— guide dog see the Guide Dogs Act 1972 , section 3 guide dog trainee see the Guide Dogs Act 1972, section 3. tourist program has the meaning given by the Great Barrier Reef Marine Park Act 1975 (Cwlth), section 3A(3). 6 5 The Capricornia Cays National Park is shown as lot 402 on plan NPW546 and the Whitsunday Islands National Park is shown as lot 428 on plan NPW621. See the Nature Conservation (Protected Areas) Regulation 1994 , schedule 2 (National parks). 6 Great Barrier Reef Marine Park Act 1975 (Cwlth), section 3A (Interpretation of zoning plans)

s 16 20 s 16 Marine Parks and Other Legislation Amendment and No. 238, 2004 Repeal Regulation (No. 1) 2004 ‘26A Entry of vehicles into particular areas ‘(1) This section is subject to the provisions of any applicable zoning plan. ‘(2) The chief executive may— (a) declare an area within a marine park to be a prescribed area for this section; and (b) cause notices to be displayed stating the entry of any of the following (each a prohibited vehicle for the prescribed area) is prohibited— (i) any vehicle; (ii) a vehicle in relation to which a permission has not been obtained. ‘(3) A person must not bring a prohibited vehicle for a prescribed area into the prescribed area. ‘26B Lighting of fires in particular areas ‘(1) This section is subject to the provisions of any applicable zoning plan. ‘(2) The chief executive may— (a) declare an area within a marine park to be a prescribed area for this section; and (b) cause notices to be displayed stating the lighting of fires in the prescribed area is prohibited. ‘(3) A person must not light a fire— (a) in a prescribed area; or (b) on tidal land that is— (i) within the GBR Coast Marine Park; and (ii) adjacent to— (A) the Capricornia Cays National Park; or

s 17 21 s 17 Marine Parks and Other Legislation Amendment and No. 238, 2004 Repeal Regulation (No. 1) 2004 (B) the Whitsunday Islands National Park. 7 ‘(4) Subsection (3) does not apply to a person— (a) lighting or using a portable cooking or heating appliance that is self-contained; or (b) lighting or smoking a smoking product. ‘(5) In this section— smoking product see the TobaccoandOtherSmokingProducts Act 1998, schedule. 8 ’. 17 Amendment of s 27 (Temporary restricted areas) (1) Section 27(1)— omit, insert — ‘(1) The chief executive may, by public notice, declare any area within a marine park to be a temporary restricted area for 1 or more of the following purposes— (a) conservation of 1 or more species; (b) conservation of natural resources; (c) protection of cultural or heritage values; (d) public safety; (e) emergency situations requiring immediate management action.’. (2) Section 27— insert — ‘(5) The chief executive may, by public notice— 7 The Capricornia Cays National Park is shown as lot 402 on plan NPW546 and the Whitsunday Islands National Park is shown as lot 428 on plan NPW621. See the Nature Conservation (Protected Areas) Regulation 1994 , schedule 2 (National parks). 8 Under the Tobacco and Other Smoking Products Act 1998 , schedule (Dictionary)— smoking product means a tobacco product, herbal cigarette or loose smoking blend. The schedule also defines tobacco product , herbal cigarette and loose smoking blend .

s 18 22 s 19 Marine Parks and Other Legislation Amendment and No. 238, 2004 Repeal Regulation (No. 1) 2004 (a) revoke a declaration under subsection (1) at any time; or (b) extend a declaration under subsection (1) for a further period, of not more than 60 days, if the extension is made before the declaration ends under subsection (4).’. 18 Amendment of s 34 (Offences relating to spearfishing) Section 34(2), ‘attack by shark’— omit, insert — ‘a shark attack’. 19 Insertion of new pt 9 After section 44— insert — ‘Part 9 Transitional provisions for Marine Parks and Other Legislation Amendment and Repeal Regulation (No. ..) 2004 ‘44A Definitions for pt 9 ‘In this part— amendment regulation means the Marine Parks and Other Legislation Amendment and Repeal Regulation (No. ..) 2004 . commencement means the commencement of section 44B. GBR Coast Zoning Plan means the Marine Parks (Great Barrier Reef Coast) Zoning Plan 2004. pre-amalgamation marine park means each of the following— (a) Mackay/Capricorn Marine Park; (b) Townsville/Whitsunday Marine Park; (c) Cairns Marine Park;

s 19 23 s 19 Marine Parks and Other Legislation Amendment and No. 238, 2004 Repeal Regulation (No. 1) 2004 (d) Trinity Inlet/Marlin Coast Marine Park; (e) GBR Coast Marine Park (interim). relevant permission means a permission that relates to an area within a pre-amalgamation marine park. relevant zone, for an area, means the zone within the GBR Coast Marine Park that the area is in immediately after the commencement. unamended regulation means this regulation as in force before the commencement. ‘44B Continuing effect of relevant permissions ‘(1) This section applies to a relevant permission in force immediately before the commencement. ‘(2) The permission continues in effect— (a) as if it was granted for the GBR Coast Marine Park; and (b) as if it authorises the activities for which it was granted— (i) in the area stated on the permission; and (ii) subject to the condition that the permission does not authorise a person to enter or use a part of the GBR Coast Marine Park for a purpose if the GBR Coast Zoning Plan does not authorise the chief executive to grant a person a permission to enter or use the part of the marine park for the purpose; and (c) as if a reference in the permission to a zone of a pre-amalgamation marine park were a reference to the relevant zone for the area stated on the permission. ‘(3) Subsection (2) has effect in relation to the permission only for the term of the permission. ‘44C Applications in progress for permissions ‘(1) This section applies to an application for a permission to carry out an activity in an area within a pre-amalgamation marine

s 19 24 s 19 Marine Parks and Other Legislation Amendment and No. 238, 2004 Repeal Regulation (No. 1) 2004 park if the application is not finally decided before the commencement. ‘(2) The application is taken to have been refused if, under the GBR Coast Zoning Plan, the chief executive is not authorised to grant a permission for the activity for the relevant zone for the area. ‘(3) The application is taken to have been withdrawn if a person may, under the GBR Coast Zoning Plan, enter or use the relevant zone for the area to carry out the activity without permission. ‘(4) If the application is not an application to which subsection (2) or (3) applies, the application is taken to be an application for a permission to enter or use the same area within the relevant zone for the area to carry out the activity. ‘44D Particular previously authorised conduct still authorised—first 120 days after commencement ‘(1) This section applies if— (a) immediately before the commencement, a person was authorised to enter or use an area within the GBR Coast Marine Park for a purpose without permission; and (b) immediately after the commencement, the person requires a permission to enter or use the area for the purpose; and (c) the purpose does not involve fishing or collecting of a type for which a permission is required for the area, after the commencement. ‘(2) The person may, without a permission, continue to enter or use the area for the purpose. ‘(3) Subsection (2) has effect only for the first 120 days after the commencement. ‘(4) In this section— fishing or collecting has the meaning given by the Great Barrier Reef Marine Park Zoning Plan 2003 (Cwlth).

s 20 25 s 20 Marine Parks and Other Legislation Amendment and No. 238, 2004 Repeal Regulation (No. 1) 2004 ‘44E Particular previously authorised conduct still authorised—after first 120 days after commencement ‘(1) This section applies if— (a) immediately before the commencement, a person was authorised to enter or use an area within the GBR Coast Marine Park for a purpose without permission; and (b) immediately after the commencement, the person requires a permission to enter or use the area for the purpose; and (c) the person applies, under part 3, for a permission to enter or use the area for the purpose during the first 120 days after the commencement; and (d) the person has complied with any requirements in relation to the application for the permission under part 3 or the GBR Coast Zoning Plan, part 6; 9 and (e) the application for the permission has not been withdrawn and has not lapsed; and (f) the chief executive has not granted or refused to grant the permission. ‘(2) The person may, without a permission, continue to enter or use the area for the purpose after the 120 days expire. ‘(3) Subsection (2) has effect until the chief executive grants or refuses to grant the permission.’. 20 Amendment of sch 1 (Fees for assessment of application for permission to carry out tourism activity) Schedule 1, item 4(b)(i), ‘a Great Barrier Reef marine park’— omit, insert — ‘the GBR Coast Marine Park’. 9 GBR Coast Zoning Plan, part 6 (Requirements for particular applications for permissions)

s 21 26 s 21 Marine Parks and Other Legislation Amendment and No. 238, 2004 Repeal Regulation (No. 1) 2004 21 Amendment of sch 4 (Areas declared to be marine parks) Schedule 4— insert — ‘Part 3 Great Barrier Reef Coast Marine Park (interim) ‘8 Name of marine park ‘Great Barrier Reef Coast Marine Park (interim). ‘9 Area of marine park ‘(1) The Great Barrier Reef Coast Marine Park (interim) consists of tidal waters and tidal land within the following areas— (a) Mackay/Capricorn Management Area; (b) Townsville/Whitsunday Management Area; (c) Cairns/Cooktown Management Area; (d) Far Northern Management Area; (e) Outer Islands Management Area. ‘(2) However, the Great Barrier Reef Coast Marine Park (interim) does not include the following— (a) freehold tidal waters and tidal land; (b) tidal waters and tidal land the subject of a lease under the Land Act 1994 that is granted in perpetuity; (c) tidal waters and tidal land within any of the following— (i) Mackay/Capricorn Marine Park; (ii) Townsville/Whitsunday Marine Park; (iii) Cairns Marine Park; (iv) Trinity Inlet/Marlin Coast Marine Park; (d) an area that was a protected area under the NatureConservationAct1992 immediately before the commencement of this part.’.

s 22 27 s 22 Marine Parks and Other Legislation Amendment and No. 238, 2004 Repeal Regulation (No. 1) 2004 22 Insertion of new schs 5–9 After schedule 4— insert — ‘Schedule 5 Great Barrier Reef Coast Marine Park section 5E ‘1 Description of area of marine park ‘(1) The Great Barrier Reef Coast Marine Park consists of tidal waters and tidal land within the following areas— (a) Mackay/Capricorn Management Area; (b) Townsville/Whitsunday Management Area; (c) Cairns/Cooktown Management Area; (d) Far Northern Management Area; (e) Outer Islands Management Area. ‘(2) However, the Great Barrier Reef Coast Marine Park does not include— (a) freehold tidal waters and tidal land, other than the part of lot 1 on RP736304 that is within the Trinity Inlet fish habitat area; (b) tidal waters and tidal land the subject of a lease under the Land Act 1994 that is granted in perpetuity; (c) an area that was a protected area under the NatureConservationAct1992 immediately before the commencement of this schedule.

s 22 28 s 22 Marine Parks and Other Legislation Amendment and No. 238, 2004 Repeal Regulation (No. 1) 2004 ‘Schedule 6 Mackay/Capricorn Management Area section 2, definition Mackay/Capricorn Management Area ‘1 Rodds Bay segment ‘Tidal waters and tidal land within the following boundary— • from where the mainland at high water intersects latitude 24º24.910' south 10 • then generally northerly along the coastal line along the mainland to where it intersects latitude 24º25.904' south • then generally northerly along the mainland at high water to the most eastern point where it intersects latitude 23º56.405' south 11 • then easterly along a geodesic to the most northern point where the coastal 500 m line around the mainland intersects the longitude that runs through the most northern point of Richards Point at low water • then generally south-easterly along the coastal 500 m line around the mainland to the most northern point where it intersects longitude 151º43.063' east 12 • then north-easterly along a geodesic to the most western point where latitude 24º00.405' south intersects the coastal 500 m line around the mainland 13 • then generally north-easterly, south-easterly, north-easterly and south-easterly along the coastal 10 Latitude 24º24.910' south is the southern boundary of the Great Barrier Reef Region. 11 The most eastern point where the mainland at high water intersects latitude 23º56.405' south is near Canoe Point. 12 The most northern point where the coastal 500 m line around the mainland intersects longitude 151º43.063' east is at Rodds Peninsula. 13 The most western point where latitude 24º00.405' south intersects the coastal 500 m line around the mainland is on the western side of Clews Point.

s 22 29 s 22 Marine Parks and Other Legislation Amendment and No. 238, 2004 Repeal Regulation (No. 1) 2004 500 m line around the mainland to the most eastern point where it intersects latitude 24º01.285' south 14 • then south-easterly along a geodesic to where the coastal 500 m line around the mainland intersects the longitude that passes through the most northern point of Round Hill Head at low water • then south-easterly along the coastal 500 m line around the mainland to where it intersects latitude 24º25.904' south • then east along latitude 24º25.904' south to where it intersects the coastal 5 km line around the mainland • then south-easterly along the coastal 5 km line around the mainland to where it intersects latitude 24º24.910' south • then west along latitude 24º24.910' south to where it intersects the mainland at high water. ‘2 Keppel Bay segment ‘Tidal waters and tidal lands within the following boundary— • from where the eastern side of Facing Island at high water intersects latitude 23º52.525' south 15 • then generally northerly along the coastal line along Facing Island to the most western point where it intersects longitude 151º20.063' east 16 • then generally westerly along a geodesic to the most eastern point of Curtis Island at H.A.T. 17 14 The most eastern point where the coastal 500 m line around the mainland intersects latitude 24º01.285' south is just east of Bustard Head. 15 The eastern side of Facing Island at high water intersects latitude 23º52.525' south near Settlement Point. 16 The most western point where the coastal line along Facing Island intersects longitude 151º20.063' east is near North Point. 17 The most eastern point of Curtis Island at H.A.T. is near Southend.

s 22 30 s 22 Marine Parks and Other Legislation Amendment and No. 238, 2004 Repeal Regulation (No. 1) 2004 • then generally northerly, westerly and southerly along Curtis Island at H.A.T. to where it intersects latitude 23º44.905' south • then west along latitude 23º44.905' south to where it intersects Kangaroo Island at high water 18 • then generally north-westerly along Kangaroo Island at high water to the most northern point where it intersects longitude 151º08.463' east • then north-westerly along a geodesic to where latitude 23º42.405' south intersects the mainland at high water • then north-westerly along the mainland at high water to where it intersects longitude 151º05.363' east on the southern bank of the Black Swan Creek • then north along longitude 151º05.363' east to where it intersects the northern bank of the Black Swan Creek at high water • then generally easterly and north-westerly along the mainland at high water to the most northern point where it intersects longitude 151º05.363' east • then north-westerly along a geodesic to where latitude 23º38.705' south intersects the northern bank of Munduran Creek at high water 19 • then generally north-westerly, northerly, north-westerly and south along the mainland at high water to where it intersects the latitude that passes through the highest point of South Hill on Balaclava Island 20 • then west along the latitude that passes through the highest point of South Hill on Balaclava Island, to the 18 Latitude 23º44.905' south intersects Kangaroo Island at high water near Friend Point. 19 Latitude 23º38.705' south intersects the northern bank of Munduran Creek at high water near the mouth of the creek. 20 The mainland at high water intersects the latitude that passes through the highest point of South Hill on Balaclava Island (approximately latitude 23º34.902' south) on the eastern bank of Conner Creek.

s 22 31 s 22 Marine Parks and Other Legislation Amendment and No. 238, 2004 Repeal Regulation (No. 1) 2004 most eastern point where the latitude intersects Balaclava Island at high water • then generally northerly and north-westerly along Balaclava Island at high water to where it intersects intersects longitude 150º55.863' east 21 • then generally north-westerly along a geodesic to latitude 23º26.725' south, longitude 150º54.143' east • then generally south-westerly along a geodesic to where the mainland at high water intersects latitude 23º28.905' south 22 • then generally northerly along the coastal line along the mainland to where it intersects latitude 23º19.266' south 23 • then northerly along a geodesic to where the mainland at high water intersects latitude 23º18.416' south 24 • then generally northerly along the coastal line along the mainland to where it intersects latitude 23º12.416' south 25 • then north-easterly along a geodesic to where the mainland at high water intersects latitude 23º12.283' south 26 21 Balaclava Island at high water intersects longitude 150º55.863' east near Cardigan Point. 22 The mainland at high water intersects latitude 23º28.905' south near Cattle Point. 23 The coastal line along the mainland intersects latitude 23º19.266' south on the southern bank of the unnamed inlet at Keppel Sands, at approximately longitude 150º47.550' east. 24 The mainland at high water intersects latitude 23º18.416' south on the northern bank of the unnamed inlet at Keppel Sands, at approximately longitude 150º47.616' east. 25 The coastal line along the mainland intersects latitude 23º12.416' south on the southern bank of The Causeway at Shoal Bay, at approximately longitude 150º47.266' east. 26 The mainland at high water intersects latitude 23º12.283' south on the northern bank of The Causeway at Shoal Bay, at approximately longitude 150º47.466' east.

s 22 32 s 22 Marine Parks and Other Legislation Amendment and No. 238, 2004 Repeal Regulation (No. 1) 2004 • then generally northerly along the coastal line along the mainland to where it intersects latitude 23º09.805' south 27 • then east along latitude 23º09.805' south to where it intersects longitude 150º48.063' east • then north along longitude 150º48.063' east to where it intersects latitude 23º09.305' south • then west along latitude 23º09.305' south to where it intersects the mainland at high water • then generally northerly along the coastal line along the mainland to where it intersects latitude 23º08.208' south 28 • then northerly along a geodesic to where the mainland at high water intersects latitude 23º08.208' south 29 • then northerly along the coastal line along the mainland to where it intersects latitude 23º08.196' south 30 • then east along latitude 23º08.196' south to where it intersects the coastal 20 m line around the mainland • then generally northerly along the coastal 20 m line around the mainland to where it intersects latitude 23º06.234' south • then west along latitude 23º06.234' south to where it intersects the mainland at high water • then generally northerly along the coastal line along the mainland to where it intersects latitude 22º59.905' south 27 The coastal line along the mainland intersects latitude 23º09.805' south on the southern boundary of the Rosslyn Bay Boat Harbour area. 28 The coastal line along the mainland intersects latitude 23º08.208' south on the southern side of Yeppoon Inlet (on Beak Bridge), at approximately longitude 150º45.090' east. 29 The mainland at high water intersects latitude 23º08.208' south on the northern side of Yeppoon Inlet, at approximately longitude 150º45.054' east. 30 The coastal line along the mainland intersects latitude 23º08.196' south on the south-eastern corner of lot 65 on plan LN2191 (Anzac Parade).

s 22 33 s 22 Marine Parks and Other Legislation Amendment and No. 238, 2004 Repeal Regulation (No. 1) 2004 • then generally northerly along the mainland at high water to where it intersects latitude 22º55.905' south 31 • then generally south-easterly along a geodesic to the most northern point of the coastal 500 m line around Conical Rocks • then south-easterly along the coastal 500 m line around Conical Rocks to its most eastern point • then south-easterly along a geodesic to the most northern point of the coastal 500 m line around Outer Rocks • then south-easterly the coastal 500 m line around Outer Rocks to its most eastern point • then south-easterly along a geodesic to the most northern point of the coastal 500 m line around The Child • then generally south-easterly along a geodesic to the most eastern point of the coastal 500 m line around The Child • then south-easterly along a geodesic to the most northern point of the coastal 500 m line around Egg Rock • then south-easterly along the coastal 500 m line around Egg Rock to its most eastern point • then south-easterly along a geodesic to the most northern point where the coastal 500 m line around Curtis Island intersects the longitude that passes through the most northern point of Cape Capricorn at low water • then south-easterly along the coastal 500 m line around Curtis Island to the most eastern point where it intersects the latitude that passes through the most northern point of Cape Capricorn at low water 31 The mainland at high water intersects latitude 22º55.905' south near Water Park Point.

s 22 34 s 22 Marine Parks and Other Legislation Amendment and No. 238, 2004 Repeal Regulation (No. 1) 2004 • then south-easterly along a geodesic to the most northern point of the coastal 500 m line around Rundle Island • then south-easterly along the coastal 500 m line around Rundle Island to its most eastern point • then southerly along a geodesic to where Facing Island at low water intersects longitude 151º20.063' east 32 • then easterly along the latitude that passes through where Facing Island at low water intersects longitude 151º20.063' east, to where the latitude intersects the coastal 5 km line around the mainland • then generally south-easterly along the coastal 5 km line around the mainland to where it intersects the geodesic that passes through the following points— (a) where latitude 23º52.525' south intersects the eastern side of Facing Island at high water; 33 (b) latitude 23º50.905' south, longitude 151º27.563' east • then south-westerly along that geodesic to where latitude 23º52.525' south intersects the eastern side of Facing Island at high water. ‘3 Broad Sound Segment ‘Tidal waters and tidal land within the following boundary— • from where latitude 22º55.905' south intersects the mainland at high water 34 32 Facing Island at low water intersects longitude 151º20.063' east near North Point. 33 Latitude 23º52.525' south intersects the eastern side of Facing Island at high water near Settlement point. 34 Latitude 22º55.905' south intersects the mainland at high water near Water Park Point.

s 22 35 s 22 Marine Parks and Other Legislation Amendment and No. 238, 2004 Repeal Regulation (No. 1) 2004 • then generally northerly along the coastal line along the mainland to where it intersects the north-western point of Inner Head 35 • then northerly along a geodesic to the most southern point of Perforated Point at high water 36 • then generally northerly along the coastal line along the mainland to where it intersects longitude 149º48.864' east 37 • then south along longitude 149º48.864' east to where it intersects the mainland at H.A.T. • then generally north-westerly along the mainland at H.A.T. to where it intersects latitude 22º09.906' south 38 • then east along latitude 22º09.906' south to the most western point where it intersects the mainland at high water • then generally northerly and north-westerly along the mainland at high water to the most eastern point where it intersects latitude 21º29.205' south • then easterly along a geodesic to latitude 21º29.202' south, longitude 149º17.226' east • then northerly along the relevant mangrove line to latitude 21º29.064' south, 149º17.046' east 39 • then north along longitude 149º17.046' east to where it intersects latitude 21º28.554' south 40 35 The coastal line along the mainland intersects the north-western point of Inner Head at approximately latitude 22º31.400' south, longitude 150º45.350' east. 36 The most southern point of Perforated Point is at approximately latitude 22º28.638' south, longitude 150º44.850' east. 37 The coastal line along the mainland intersects longitude 149º48.864' east near Charon Point. 38 The mainland at H.A.T. intersects latitude 22º09.906' south near Clairview Bluff. 39 Latitude 21º29.064' south, longitude 149º17.046' east is on the southern side of the unnamed inlet in southern Llewellyn Bay. 40 Longitude 149º17.046' east intersects latitude 21º28.554' south on the northern side of the unnamed inlet in southern Llewellyn Bay.

s 22 36 s 22 Marine Parks and Other Legislation Amendment and No. 238, 2004 Repeal Regulation (No. 1) 2004 • then easterly along the relevant mangrove line to where the mainland at high water intersects longitude 149º17.406' east 41 • then generally northerly along the coastal line along the mainland to where it intersects longitude 149º18.24' east 42 • then generally westerly along the relevant mangrove line to latitude 21º24.106' south, longitude 149º17.064' east 43 • then north-westerly along a geodesic to latitude 21º23.736' south, longitude 149º16.920' east 44 • then generally northerly and easterly along the relevant mangrove line to where longitude 149º17.520' east intersects the mainland at high water on the northern side of Sarina Inlet • then generally northerly along the coastal line along the mainland to where it intersects longitude 149º18.780' east 45 • then westerly along a geodesic to where the mainland at high water intersects longitude 149º18.648' east 46 • then generally northerly along the coastal line along the mainland to where it intersects latitude 21º20.366' south 47 41 The mainland at high water intersects longitude 149º17.406' east at approximately latitude 21º28.494' south. 42 The coastal line along the mainland intersects longitude 149º18.24' east on the southern side of Sarina Inlet. 43 Latitude 21º24.106' south, longitude 149º17.064' east is on the southern side of Sarina Inlet. 44 Latitude 21º23.736' south, longitude 149º16.920' east is on the northern side of Sarina Inlet. 45 The coastal line along the mainland intersects longitude 149º18.780' east on the southern side of Castrades Inlet, at approximately latitude 21º22.362' south. 46 The mainland at high water intersects longitude 149º18.648' east on the northern side of Castrades Inlet, at approximately latitude 21º22.356' south. 47 The coastal line along the mainland intersects latitude 21º20.366' south just north of Mick Ready Beach, at approximately longitude 149º17.748' east.

s 22 37 s 22 Marine Parks and Other Legislation Amendment and No. 238, 2004 Repeal Regulation (No. 1) 2004 • then northerly along a geodesic to where the mainland at high water intersects latitude 21º20.346' south 48 • then generally northerly along the coastal line along the mainland to where it intersects latitude 21º19.156' south 49 • then northerly along a geodesic to where the mainland at high water intersects latitude 21º19.086' south 50 • then generally northerly along the coastal line along the mainland to where it intersects latitude 21º17.982' south 51 • then north-westerly along a geodesic to where the mainland at high water intersects latitude 21º17.940' south 52 • then generally northerly along the coastal line along the mainland to where it intersects latitude 21º17.906' south • then east along latitude 21º17.906' south to where it intersects the coastal 5 km line around the mainland • then southerly along the coastal 5 km line around the mainland to where it intersects the geodesic that passes through the following points— (i) where latitude 21º29.205' south intersects the mainland at high water; 48 The mainland at high water intersects latitude 21º20.346' south just south of Point Vector, at approximately longitude 149º17.766' east. 49 The coastal line along the mainland intersects latitude 21º19.158' south on the southern side of Breens Creek at Salonika Beach, at approximately longitude 149º17.562' east. 50 The mainland at high water intersects latitude 21º19.086' south on the northern side of Breens Creek at Salonika Beach, at approximately longitude 149º17.574' east. 51 The coastal line along the mainland intersects latitude 21º17.982' south on the southern side of the unnamed inlet at Half Tide Beach, at approximately longitude 149º17.616' east. 52 The mainland at high water intersects latitude 21º17.940' south on the northern side of the unnamed inlet at Half Tide Beach, at approximately longitude 149º17.544' east.

s 22 38 s 22 Marine Parks and Other Legislation Amendment and No. 238, 2004 Repeal Regulation (No. 1) 2004 (ii) the most western point of the coastal 500 m line around Cullen Islet • then north-easterly along that geodesic to the most western point of the coastal 500 m line around Cullen Islet • then north-easterly along the coastal 500 m line around Cullen Islet to its most northern point • then north-easterly along a geodesic to the most western point of the coastal 500 m line around Prudhoe Island • then north-westerly and south-westerly along the coastal 500 m line around Prudhoe Island to its most eastern point • then easterly along a geodesic to the most northern point of the coastal 500 m line around Hotspur Island • then easterly along a geodesic to the most western point of the coastal 500 m line around Vernon Rocks • then generally north-easterly, easterly and south-easterly along the coastal 500 m line around Vernon Rocks to its most eastern point • then south-easterly along a geodesic to the most western point of Sullivan Rock at high water • then south-easterly along a geodesic to the most northern point of the coastal 500 m line around the unnamed island near latitude 21º55.905' south, longitude 150º41.063' east • then southerly along the coastal 500 m line around the unnamed island near latitude 21º55.905' south, longitude 150º41.063' east, to where the line intersects the coastal 500 m line around High Peak Island • then easterly and southerly along the coastal 500 m line around High Peak Island to its most southern point • then southerly along a geodesic to the most eastern point of the coastal 500 m line around Cheviot Island

s 22 39 s 22 Marine Parks and Other Legislation Amendment and No. 238, 2004 Repeal Regulation (No. 1) 2004 • then southerly along a geodesic to the most northern point of the coastal 500 m line around the most northern island in the Clara Group • then south-easterly along the coastal 500 m line around the most northern island in the Clara Group to where it intersects the coastal 500 m line around the most eastern island in the Clara Group • then southerly along the coastal 500 m line around the most eastern island in the Clara Group to its most eastern point • then southerly along a geodesic to where the coastal 5 km line around the mainland intersects the geodesic that passes through the following points— (a) the most eastern point of the coastal 500 m line around the most eastern island in the Clara Group of islands; (b) the most northern point of the coastal 500 m line around Split Island • then southerly along the geodesic that passes through the following points— (a) the most eastern point of the coastal 500 m line around the most eastern island in the Clara Group of islands; (b) the most northern point of the coastal 500 m line around Split Island; to where the geodesic intersects the coastal 5 km line around the mainland • then generally southerly along the coastal 5 km line around the mainland to where it intersects the geodesic that passes through the following points— (i) the most eastern point where the mainland at high water intersects latitude 22º55.905' south; 53 53 The most eastern point where the mainland at high water intersects latitude 22º55.905' south is near Water Park Point.

s 22 40 s 22 Marine Parks and Other Legislation Amendment and No. 238, 2004 Repeal Regulation (No. 1) 2004 (ii) the most northern point of the coastal 500 m line around Conical Rocks • then north-westerly along that geodesic to the most eastern point where latitude 22º55.905' south intersects the mainland at high water. ‘4 Mackay Segment ‘Tidal waters and tidal land within the following boundary— • from where the mainland at high water intersects latitude 21º12.706' south 54 • then northerly along the coastal line along the mainland to where it intersects the most northern boundary of Bakers Creek Conservation Park 55 • then east along the latitude that passes through where the coastal line along the mainland intersects the most northern boundary of Bakers Creek Conservation Park, to where the latitude intersects the coastal 20 m line around the mainland • then generally northerly along the coastal 20 m line around the mainland to where it intersects latitude 21º08.906' south 56 • then east along latitude 21º08.906' south to where it intersects the coastal 5 km line around the mainland • then generally southerly along the coastal 5 km line around the mainland to where it intersects latitude 21º106.000' south • then west along latitude 21º106.000' south to where it intersects longitude 149º16.364' east 54 The mainland at high water intersects latitude 21º12.706' south on the northern bank at the mouth of Bakers Creek. 55 Bakers Creek Conservation Park is shown as lot 537 on plan NPW856. See the Nature Conservation (Protected Areas) Regulation 1994 , schedule 3 (Conservation Parks). 56 The coastal 20 m line around the mainland intersects latitude 21º08.906' south on the southern bank at the mouth of the Pioneer River.

s 22 41 s 22 Marine Parks and Other Legislation Amendment and No. 238, 2004 Repeal Regulation (No. 1) 2004 • then south-westerly along a geodesic to where the mainland at high water intersects latitude 21º12.706' south. ‘5 Cumberland Islands Segment ‘Tidal waters and tidal land within the following boundary— • from where latitude 21º03.806' south intersects the mainland at high water • then northerly along the coastal line along the mainland to where it intersects longitude 149º12.540' east 57 • then north-westerly along a geodesic to where the mainland at high water intersects longitude 149º12.432' east 58 • then northerly along the coastal line along the mainland to where it intersects longitude 149º10.866' east 59 • then south-westerly along a geodesic to where the mainland at high water intersects longitude 149º10.783' east 60 • then northerly along the coastal line along the mainland to where it intersects longitude 149º10.410' east 61 57 The coastal line along the mainland intersects longitude 149º12.540' east on the eastern side of the unnamed inlet at Slade Bay, at approximately latitude 21º04.626' south. 58 The mainland at high water intersects longitude 149º12.432' east on the western side of the unnamed inlet at Slade Bay, at approximately latitude 21º04.530' south. 59 The coastal line along the mainland intersects longitude 149º10.866' east on the eastern side of the unnamed inlet at Eimeo, at approximately latitude 21º02.133' south. 60 The mainland at high water intersects longitude 149º10.783' east on the western side of the unnamed inlet at Eimeo, at approximately latitude 21º02.133' south. 61 The coastal line along the mainland intersects longitude 149º10.410' east on the eastern side of the unnamed inlet at Sunset Bay, at approximately latitude 21º02.220' south.

s 22 42 s 22 Marine Parks and Other Legislation Amendment and No. 238, 2004 Repeal Regulation (No. 1) 2004 • then south-westerly along a geodesic to where the mainland at high water intersects longitude 149º10.284' east 62 • then northerly along the coastal line along the mainland to where it intersects latitude 21º00.086' south 63 • then northerly along the mainland at high water to where it intersects latitude 20º39.723' south 64 • then east along that latitude 20º39.723' south to where it intersects longitude 148º45.814' east • then north-easterly along a geodesic to latitude 20º33.907' south, longitude 149º07.064' east • then easterly along a geodesic to latitude 20º40.906' south, longitude 150º10.063' east • then south-easterly along a geodesic to the most northern point of the coastal 500 m around Blackcombe Island • then generally south-easterly and southerly along the coastal 500 m line around Blackcombe Island to its most southern point • then south-easterly along a geodesic to the most northern point of the coastal 500 m line around Wigton Island • then south-easterly along the coastal 500 m line around Wigton Island to its most eastern point • then easterly along a geodesic to the most northern point of the coastal 500 m line around Calder Island • then easterly and southerly along the coastal 500 m line around Calder Island to its most eastern point 62 The mainland at high water intersects longitude 149º10.284' east on the western side of the unnamed inlet at Sunset Bay, at approximately latitude 21º02.244' south. 63 The coastal line along the mainland intersects latitude 21º00.086' south near Shoal Point. 64 The mainland at high water intersects latitude 20º39.723' south near Midge Point.

s 22 43 s 22 Marine Parks and Other Legislation Amendment and No. 238, 2004 Repeal Regulation (No. 1) 2004 • then south-easterly along a geodesic to the most northern point of the coastal 500 m line around Penrith Island • then generally south-easterly, southerly, westerly and north-westerly around the coastal 500 m line around Penrith Island to its most western point • then westerly along a geodesic to the most southern point of the coastal 500 m line around Derwent Island • then north-westerly along the coastal 500 m line around Derwent Island to its most western point • then westerly along a geodesic to the most southern point of the coastal 500 m line around St. Bees Island • then generally south-westerly along the geodesic that passes through the following points— (a) the most southern point of the coastal 500 m line around St. Bees Island; (b) latitude 21º00.086' south, longitude 149º12.064' east; to where the geodesic intersects the coastal 5 km line around the mainland • then generally south-easterly along the coastal 5 km line around the mainland to where it intersects latitude 21º03.806' south • then west along latitude 21º03.806' south to where it intersects the mainland at high water. ‘6 Capricorn–Bunker Segment ‘Tidal waters and tidal land within the following boundary— • from latitude 24º14.904' south, longitude 152º40.062' east • then north-westerly along a geodesic to latitude 23º44.905' south, longitude 151º55.063' east • then west along latitude 23º44.905' south to where it intersects longitude 151º30.063' east

s 22 44 s 22 Marine Parks and Other Legislation Amendment and No. 238, 2004 Repeal Regulation (No. 1) 2004 • then north along longitude 151º30.063' east to where it intersects latitude 22º59.905' south • then east along latitude 22º59.905' south to where it intersects the geodesic that passes through the following points— (a) latitude 22º29.905' south, longitude 151º30.062' east; (b) latitude 23º09.905' south, longitude 152º10.062' east • then south-easterly along that geodesic to latitude 23º09.905' south, longitude 152º10.062' east • then south-easterly along a geodesic to latitude 24º14.904' south, longitude 153º05.062' east • then west along latitude 24º14.904' south to where it intersects longitude 152º40.062' east. ‘Schedule 7 Townsville/Whitsunday Management Area section 2, definition Townsville/Whitsunday Management Area ‘1 Whitsundays Segment ‘Tidal waters and tidal land within the following boundary— • from where latitude 20º39.727' south intersects the mainland at high water 65 • then northerly along the mainland at high water to where it intersects longitude 148º47.764' east 66 65 Latitude 20º39.727' south intersects the mainland at high water near Midge Point. 66 The mainland at high water intersects longitude 148º47.764' east on the southern bank of Rooper Inlet.

s 22 45 s 22 Marine Parks and Other Legislation Amendment and No. 238, 2004 Repeal Regulation (No. 1) 2004 • then generally northerly along the coastal line along the mainland to where it intersects longitude 148º46.326' east 67 • then south along longitude 148º46.326' east to where it intersects the latitude that passes through the most southern point of Repair Island • then east along the latitude that passes through the most southern point of Repair Island to where it intersects longitude 148º47.280' east • then north along longitude 148º47.280' east to where it intersects latitude 20º17.610' south • then easterly along a geodesic to latitude 20º17.526' south, longitude 148º47.634' east • then northerly along a geodesic to the most southern point of Coral Point at high water • then generally northerly and westerly along the mainland at high water to where it intersects longitude 148º44.034' east 68 • then generally south-westerly along a geodesic to latitude 20º15.706' south, longitude 148º41.564' east • then south along longitude 148º41.564' east to where it intersects the mainland at high water • then southerly along the mainland at high water to where it intersects longitude 148º41.418' east 69 • then westerly and northerly along the relevant mangrove line to where latitude 20º16.374' south intersects the mainland at high water 70 67 The coastal line along the mainland intersects longitude 148º46.326' east on the northern bank of Shute Bay. 68 The mainland at high water intersects longitude 148º44.034' east at Mandalay Point. 69 The mainland at high water intersects longitude 148º41.418' east just west of Scrubby Hill. 70 Latitude 20º16.374' south intersects the mainland at high water on the western side of Pioneer Bay.

s 22 46 s 22 Marine Parks and Other Legislation Amendment and No. 238, 2004 Repeal Regulation (No. 1) 2004 • then generally northerly along the mainland at high water to where it intersects latitude 20º04.407' south 71 • then east along latitude 20º04.407' south to where it intersects the coastal 5 km line around the mainland • then generally north-westerly along the coastal 5 km line around the mainland to where it intersects the latitude that passes through the most northern point of Cape Gloucester at low water • then east along the latitude that passes through the most northern point of Cape Gloucester at low water to the most northern point of Cape Gloucester at low water • then north-easterly along a geodesic to the most southern point where longitude 148º27.464' east intersects the coastal 500 m line around Gloucester Island • then generally north-westerly, northerly and north-easterly along the coastal 500 m line around Gloucester Island to its most northern point • then easterly along a geodesic to the most northern point of the coastal 500 m line around Rattray Island • then generally south-easterly and southerly along the coastal 500 m line around Rattray Island to its most eastern point • then south-easterly along a geodesic to the most northern point of the coastal 500 m line around Eshelby Island • then generally south-easterly and southerly along the coastal 500 m line around Eshelby Island to its most eastern point • then easterly along a geodesic to the most northern point of the coastal 500 m line around Hayman Island • then generally south-easterly along the coastal 500 m line around Hayman Island to its most eastern point 71 The mainland at high water intersects latitude 20º04.407' south near Adelaide Point.

s 22 47 s 22 Marine Parks and Other Legislation Amendment and No. 238, 2004 Repeal Regulation (No. 1) 2004 • then south-easterly along a geodesic to the most northern point where longitude 148º55.364' east intersects Hook Island at low water 72 • then easterly along a geodesic to the most northern point where Hook Island at low water intersects longitude 148º57.663' east • then north-easterly along a geodesic to latitude 20º03.307' south, longitude 148º58.064' east • then south-easterly along a geodesic to latitude 20º07.657' south, longitude 149º05.264' east • then south-easterly along a geodesic to the most northern point of the coastal 500 m line around Edward Island • then generally south-easterly along the coastal 500 m line around Edward Island to the most northern point where it intersects the coastal 500 m line around Yiundalla Island • then generally easterly, south-easterly and south-westerly along the coastal 500 m line around Yiundalla Island to its most southern point • then south-westerly along a geodesic to the most northern point of the coastal 500 m line around Mansell Island • then generally south-easterly, southerly and south-westerly along the coastal 500 m line around Mansell Island to its most southern point • then southerly along the geodesic that passes through the following points— (a) the most southern point of the coastal 500 m line around Mansell Island; (b) the most eastern point of the coastal 500 m line around Fairlight Rock; 72 The most northern point where longitude 148º55.364' east intersects Hook Island at low water is on the western side of Butterfly Bay.

s 22 48 s 22 Marine Parks and Other Legislation Amendment and No. 238, 2004 Repeal Regulation (No. 1) 2004 to where the geodesic intersects the geodesic that passes through the following points— (c) latitude 20º33.907' south, longitude 149º07.064' east; (d) latitude 20º40.906' south, longitude 150º10.063' east • then north-westerly along the geodesic that passes through the following points— (a) latitude 20º33.907' south, longitude 149º07.064' east; (b) latitude 20º40.906' south, longitude 150º10.063' east; to latitude 20º33.907' south, longitude 149º07.064' east • then south-westerly along a geodesic to latitude 20º39.727' south, longitude 148º45.814' east • then west along latitude 20º39.727' south to where it intersects the mainland at high water. ‘2 Bowen to Abbot Point Segment ‘Tidal waters and tidal land within the following boundary— • from where latitude 20º00.707' south intersects the mainland at high water • then generally northerly along the coastal line along the mainland to where it intersects longitude 148º13.434' east 73 • then north-westerly along a geodesic to where the mainland at high water intersects longitude 148º13.302' east 74 73 The coastal line along the mainland intersects longitude 148º13.434' east on the eastern side of the mouth of the Don River, at approximately latitude 19º57.900' south. 74 The mainland at high water intersects longitude 148º13.302' east on the western side of the mouth of the Don River, at approximately latitude 19º57.840' south.

s 22 49 s 22 Marine Parks and Other Legislation Amendment and No. 238, 2004 Repeal Regulation (No. 1) 2004 • then generally northerly along the coastal line along the mainland to where it intersects longitude 148º10.212' east 75 • then south-westerly along a geodesic to where the mainland at high water intersects longitude 148º10.158' east 76 • then generally westerly along the coastal line along the mainland to where it intersects longitude 148º09.870' east 77 • then westerly along a geodesic to where the mainland at high water intersects longitude 148º09.828' east 78 • then generally westerly along the coastal line along the mainland to where it intersects longitude 148º08.694' east 79 • then south-westerly along a geodesic to where the mainland at high water intersects longitude 148º08.472' east 80 • then generally westerly along the coastal line along the mainland to where the mainland at high water intersects longitude 148º06.464' east • then north along longitude 148º06.464' east to where it intersects the coastal 5 km line around the mainland 75 The coastal line along the mainland intersects longitude 148º10.212' east on the eastern side of the mouth of an unnamed creek, at approximately latitude 19º57.060' south. 76 The mainland at high water intersects longitude 148º10.158' east on the western side of the mouth of an unnamed creek, at approximately latitude 19º57.066' south. 77 The coastal line along the mainland intersects longitude 148º09.870' east on the eastern side of the mouth of an unnamed creek, at approximately latitude 19º57.000' south. 78 The mainland at high water intersects longitude 148º09.828' east on the western side of the mouth of an unnamed creek, at approximately latitude 19º57.000' south. 79 The coastal line along the mainland intersects longitude 148º08.694' east on the eastern side of the mouth of the Euri Creek, at approximately latitude 19º56.772' south. 80 The mainland at high water intersects longitude 148º08.472' east on the western side of the mouth of the Euri Creek, at approximately latitude 19º56.868' south.

s 22 50 s 22 Marine Parks and Other Legislation Amendment and No. 238, 2004 Repeal Regulation (No. 1) 2004 • then generally south-easterly along the coastal 5 km line around the mainland to where it intersects latitude 20º00.707' south • then west along latitude 20º00.707' south to where it intersects the mainland at high water. ‘3 Cape Upstart Segment ‘Tidal waters and tidal land within the following boundary— • from where the mainland at high water intersects longitude 148º02.164' east • then generally northerly along the coastal line along the mainland to where it intersects longitude 148º01.026' east 81 • then south-easterly along a geodesic to where the mainland at high water intersects longitude 148º01.044' east 82 • then generally westerly along the coastal line along the mainland to where it intersects longitude 148º00.132' east 83 • then south-westerly along a geodesic to where the mainland at high water intersects longitude 148º00.090' east 84 81 The coastal line along the mainland intersects longitude 148º01.026' east on the eastern side of the unnamed inlet at Curlewis Bay, at approximately latitude 19º54.684' south. 82 The mainland at high water intersects longitude 148º01.044' east on the western side of the unnamed inlet at Curlewis Bay, at approximately latitude 19º54.7140' south. 83 The coastal line along the mainland intersects longitude 148º00.132' east on the eastern side of the mouth of Branch Creek, at approximately latitude 19º55.392' south. 84 The mainland at high water intersects longitude 148º00.090' east on the western side of the mouth of Branch Creek, at approximately latitude 19º55.446' south.

s 22 51 s 22 Marine Parks and Other Legislation Amendment and No. 238, 2004 Repeal Regulation (No. 1) 2004 • then generally northerly along the coastal line along the mainland to where it intersects latitude 19º52.800' south 85 • then north-westerly along a geodesic to where the mainland at high water intersects latitude 19º52.692' south 86 • then generally northerly along the coastal line along the mainland to where it intersects latitude 19º46.966' south 87 • then north-westerly along a geodesic to where the mainland at high water intersects latitude 19º46.916' south 88 • then generally northerly along the coastal line along the mainland to where it intersects latitude 19º45.907' south 89 • then generally northerly along the mainland at high water to where it intersects longitude 147º40.064' east • then generally northerly along the coastal line along the mainland to where it intersects latitude 19º46.066' south 90 85 The coastal line along the mainland intersects latitude 19º52.800' south on the eastern side of the mouth of the Elliot River, at approximately longitude 147º53.442' east. 86 The mainland at high water intersects latitude 19º52.692' south on the western side of the mouth of the Elliot River, at approximately longitude 147º53.124' east. 87 The coastal line along the mainland intersects latitude 19º46.966' south on the southern side of the mouth of the unnamed inlet on the eastern side of Cape Upstart, at approximately longitude 147º50.900' east. 88 The mainland at high water intersects latitude 19º46.916' south on the northern side of the mouth of the unnamed inlet on the eastern side of Cape Upstart, at approximately longitude 147º50.850' east. 89 The coastal line along the mainland intersects latitude 19º45.907' south on the eastern side of Cape Upstart. 90 The coastal line along the mainland intersects latitude 19º46.066' south on the eastern side of the mouth of Rocky Ponds Creek.

s 22 52 s 22 Marine Parks and Other Legislation Amendment and No. 238, 2004 Repeal Regulation (No. 1) 2004 • then north-westerly along a geodesic to where the mainland at high water intersects latitude 19º48.984' south 91 • then generally northerly along the coastal line along the mainland to where it intersects latitude 19º43.506' south 92 • then north-easterly along a geodesic to where the mainland at high water intersects latitude 19º42.816' south 93 • then generally northerly along the coastal line along the mainland to where it intersects latitude 19º41.406' south 94 • then northerly along a geodesic to where the mainland at high water intersects latitude 19º40.194' south 95 • then generally northerly along the coastal line along the mainland to where it intersects latitude 19º38.808' south 96 • then north-westerly along a geodesic to where the mainland at high water intersects latitude 19º38.748' south 97 91 The mainland at high water intersects latitude 19º48.984' south on the western side of the mouth of Rocky Ponds Creek, at approximately longitude 147º39.648' east. 92 The coastal line along the mainland intersects latitude 19º43.506' south on the southern side of the mouth of Groper Creek, at approximately longitude 147º35.250' east. 93 The mainland at high water intersects latitude 19º42.816' south on the northern side of the mouth of Groper Creek, at approximately longitude 147º35.538' east. 94 The coastal line along the mainland intersects latitude 19º41.406' south on the southern side of the mouth of the Burdekin River, at approximately longitude 147º36.258' east. 95 The mainland at high water intersects latitude 19º40.194' south on the northern side of the mouth of the Burdekin River, at approximately longitude 147º36.318' east. 96 The coastal line along the mainland intersects latitude 19º38.808' south on the southern side of the mouth of the unnamed inlet between the Burdekin River and Rita Island, at approximately longitude 147º35.400' east. 97 The mainland at high water intersects latitude 19º38.748' south on the northern side of the mouth of the unnamed inlet between the Burdekin River and Rita Island, at approximately longitude 147º35.232' east.

s 22 53 s 22 Marine Parks and Other Legislation Amendment and No. 238, 2004 Repeal Regulation (No. 1) 2004 • then generally northerly along the coastal line along the mainland to where it intersects latitude 19º37.932' south 98 • then north-westerly along a geodesic to where the mainland at high water intersects latitude 19º37.782' south 99 • then generally northerly along the coastal line along the mainland to where it intersects latitude 19º37.716' south 100 • then north-easterly along a geodesic to where the mainland at high water intersects latitude 19º37.686' south 101 • then generally northerly along the coastal line along the mainland to where it intersects latitude 19º36.330' south 102 • then northerly along a geodesic to where the mainland at high water intersects latitude 19º35.850' south 103 98 The coastal line along the mainland intersects latitude 19º37.932' south on the southern side of the mouth of an unnamed creek on Rita Island, at approximately longitude 147º34.440' east. 99 The mainland at high water intersects latitude 19º37.782' south on the northern side of the mouth of an unnamed creek on Rita Island, at approximately longitude 147º34.374' east. 100 The coastal line along the mainland intersects latitude 19º37.716' south on the southern side of the mouth of an unnamed creek on Rita Island, at approximately longitude 147º34.380' east. 101 The mainland at high water intersects latitude 19º37.686' south on the northern side of the mouth of an unnamed creek on Rita Island, at approximately longitude 147º34.446' east. 102 The coastal line along the mainland intersects latitude 19º36.330' south on the southern side of the mouth of the Burdekin River Anabranch, at approximately longitude 147º34.326' east. 103 The mainland at high water intersects latitude 19º35.850' south on the northern side of the mouth of the Burdekin River Anabranch, at approximately longitude 147º34.326' east.

s 27 130 s 27 Marine Parks and Other Legislation Amendment and No. 238, 2004 Repeal Regulation (No. 1) 2004 • then south-westerly and northerly along the south-western boundary of lot 147 on plan NR4789 to where it meets the western boundary of lot 15 on plan USL9633 • then northerly along the western boundary of lot 15 on plan USL9633 to where it meets the left bank of Barr Creek at H.A.T. • then north-westerly along the left bank of Barr Creek to the mouth of the creek at H.A.T. • then southerly across the mouth of Barr Creek to the most north-eastern corner of lot 72 on RP714006; (c) the parts of Yorkeys Creek and Richters Creek within the following boundary— • from where the north-eastern corner of lot 105 on AP7001 intersects the mainland at H.A.T. • then generally southerly along the seaward boundary of lot 105 on AP7001 to the south-eastern corner of the lot • then southerly along the mainland at H.A.T. to where it intersects the right bank at the mouth of Richters Creek • then upstream along the right bank of Richters Creek to where it meets the south-western corner of lot 121 on plan NR840892 • then easterly along the southern boundary of lot 121 on plan NR840892 to where it meets the north-western corner of lot 235 on plan NR5479 • then south-easterly along the western boundary of lot 235 on plan NR5479 to where it meets the south-western side of Acacia Street at Holloways Beach • then generally southerly along the south-western side of Acacia Street at Holloways to where it intersects the western side of Poinsettia Street at Holloways Beach

s 27 131 s 27 Marine Parks and Other Legislation Amendment and No. 238, 2004 Repeal Regulation (No. 1) 2004 • then southerly along the western side of Poinsettia Street at Holloways Beach to where it intersects the western side of Casuarina Street at Holloways Beach • then southerly along the western side of Casuarina Street at Holloways Beach to where it meets the south-eastern corner of lot 1 on plan USL9604 • then westerly and northerly along the boundary of lot 1 on plan USL9604 to where the western boundary of the lot meets the western boundary of lot 120 on CP857579 • then generally westerly along the northern boundary of lot 120 on CP857579 to where it meets the eastern boundary of lot 115 on plan NR3359 • then southerly and westerly along the boundary of lot 115 on plan NR3359 to where the southern boundary of the lot meets the right bank of Thomatis Creek • then north-easterly across Thomatis Creek to where the left bank of the creek meets the most southern corner of lot 16 on plan USL9940 • then north-westerly and easterly along the boundary of lot 16 on plan USL9940 to where the northern boundary of the lot meets the right bank of Richters Creek • then northerly across Richters Creek to the left bank of the creek • then downstream along the left bank of Richters Creek to where it meets the northern boundary of lot 12 on plan USL9940 • then easterly along the northern boundary of lot 12 on plan USL9940 to where it meets the left bank of Richters Creek • then north-easterly along the left bank of Richters Creek to where it meets the most southern corner of lot 139 on plan NR3818

s 27 132 s 27 Marine Parks and Other Legislation Amendment and No. 238, 2004 Repeal Regulation (No. 1) 2004 • then north along the western boundary of lot 139 on plan NR3818 to where it meets the south-western corner of lot 105 on AP7001 • then northerly along the western boundary of lot 105 on AP7001 to where it meets the north-western corner of lot 106 on SP137305 • then north-easterly along the southern boundary of lot 106 on SP137305 to where it meets the eastern boundary of lot 105 on AP7001 • then south-easterly and north-easterly along lot 105 on AP7001 to where the north-eastern corner of the lot intersects the mainland at H.A.T. (d) the part of Half Moon Creek within the following boundary— • from the north-eastern corner of lot 50 on plan USL9567 251 • then southerly along the eastern boundary of lot 50 on plan USL9567 to where it meets the north-eastern corner of lot 34 on SP11364 • then southerly and easterly along the eastern boundary of lot 34 on SP113641 to where it meets the north-eastern corner of lot 3 on plan USL9661 • then southerly along the eastern boundary of lot 3 on plan USL9661 to where it meets the most northern corner of lot 187 on plan NR6708 • then southerly along the eastern boundary of lot 187 on plan NR6708 to where it meets the eastern boundary of lot 3 on plan USL9661 • then southerly and westerly along the boundary of lot 3 on plan USL9661 to where the western boundary of the lot meets the eastern boundary of lot 188 on plan NR6708 251 The north-eastern corner of lot 50 on plan USL9567 is on the right bank at the mouth of Half Moon Creek.

s 27 133 s 27 Marine Parks and Other Legislation Amendment and No. 238, 2004 Repeal Regulation (No. 1) 2004 • then south-westerly along the eastern boundary of lot 188 on plan NR6708 to where it meets the southern boundary of lot 3 on plan USL9661 • then westerly and northerly along the boundary of lot 3 on plan USL9661 to where the western boundary of the lot meets the south-eastern corner of lot 2 on plan USL9661 • then westerly and northerly along the boundary of lot 2 on plan USL9661 to where the northern boundary of the lot meets the most western corner of lot 27 on plan USL9569 • then northerly and south-easterly along the boundary of lot 27 on plan USL9569 to where the northern boundary of the lot meets the left bank of Half Moon Creek • then downstream along the left bank of Half Moon Creek to the mouth of the creek • then across the mouth of Half Moon Creek to where the mouth meets the north-eastern corner of lot 50 on plan USL9567. 252 ‘14 Parts of Wonga Beach Segment ‘The following areas— (a) the part of Saltwater Creek within the following boundary— • from the south-eastern corner of lot 5 on SP159909 • then generally westerly along the southern boundary of lot 5 on SP159909 to where it meets the right bank of Coop Creek • then northerly across Coop Creek to where the left bank of the creek meets the southern boundary of lot 6 on SP159909 252 The north-eastern corner of lot 50 on plan USL9567 is on the right bank at the mouth of Half Moon Creek.

s 27 134 s 27 Marine Parks and Other Legislation Amendment and No. 238, 2004 Repeal Regulation (No. 1) 2004 • then westerly and northerly along the boundary of lot 6 on SP159909 to where the northern boundary of the lot meets the western boundary of lot 6 on plan SR412 • then southerly and easterly along the boundary of lot 6 on plan SR412 to where the southern boundary of the lot meets the south-eastern corner of lot 6 on RP712142 • then northerly along the eastern boundary of lot 6 on RP712142 to where it intersects the anabranch of Saltwater Creek on the right bank of the creek • then north across the anabranch of Saltwater Creek to the left bank of the creek • then downstream along the left bank of Saltwater Creek to where it meets the western boundary of lot 1 on plan USL8767 • then easterly along the northern boundary of lot 1 on plan USL8767 to where it meets the northern boundary of lot 1 on plan USL8764 • then westerly along the northern boundary of lot 1 on plan USL8764 to where it intersects longitude 145º24.565' east • then north along longitude 145º24.565' east to where it intersects the southern boundary of lot 42 on plan SR6 • then east and north along the eastern boundary of lot 42 on plan SR6 to the north-eastern corner of the lot • then east along the latitude that passes through the north-eastern corner of lot 42 on plan SR6 to where the latitude intersects the mainland at H.A.T. • then southerly along the mainland at H.A.T. to where it intersects the left bank at the mouth of Saltwater Creek • then southerly across Saltwater Creek to the right bank at the mouth of the creek at H.A.T.

s 27 135 s 27 Marine Parks and Other Legislation Amendment and No. 238, 2004 Repeal Regulation (No. 1) 2004 • then southerly along the mainland at H.A.T. to where it intersects the south-eastern corner of lot 5 on SP159909; (b) the part of the Mossman River within the following boundary— • from the north-eastern corner of lot 5 on plan USL8735 253 • then upstream along the right bank of the Mossman River to where it meets the north-western corner of lot 5 on plan USL8735 • then generally southerly along lot 5 on plan USL8735 to where it meets the north-western corner of lot 1 on plan C9641 • then southerly along the western boundaries of lots 1, 3, 4, 5, 6, 7, 8 and 9 on plan C9641 to the south-western corner of lot 9 on plan C9641 • then southerly along a geodesic to the north-eastern corner of lot 1 on RP720137 • then south-westerly along the northern boundary of lot 1 on RP720137 to where it meets the north-eastern corner of lot 11 on RP709171 • then south-westerly along the northern boundary of lot 11 on RP709171 to where it meets the most north-eastern corner of lot 12 on RP709171 • then south-westerly along the northern boundary of lot 12 on RP709171 to the north-western corner of the lot • then westerly along a geodesic to the most north-eastern corner of lot 265 on plan N15783 • then generally westerly along the northern boundary of lot 265 on plan N15783 to the south-western corner of the lot 253 The north-eastern corner of lot 5 on plan USL8735 is on the right bank at the mouth of the Mossman River at H.A.T.

s 27 136 s 27 Marine Parks and Other Legislation Amendment and No. 238, 2004 Repeal Regulation (No. 1) 2004 • then southerly along a geodesic to the north-eastern corner of lot 1 on plan RL1156 254 • then westerly along the northern boundary of lot 1 on plan RL1156 to the north-western corner of the lot • then westerly across the Mossman River to the south-eastern corner of lot 5 on RP711228 255 • then northerly along the eastern boundary of lot 5 on RP711228 to where it meets the southern boundary of lot 7 on RP715390 • then easterly and north-easterly along the boundary of lot 7 on RP715390 to where the eastern boundary of the lot meets the south-western corner of lot 3 on AP8350 • then northerly along the eastern boundary of lot 7 on RP715390 to where it meets the south-western corner of lot 275 on plan SR794 • then generally north-easterly along the eastern boundary of lot 275 on plan SR794 to where it meets lot 1 on AP8350 • then generally northerly, westerly, northerly, easterly, southerly and easterly along the boundary of lot 1 on AP8350 to where it meets the south-western corner of lot 382 on plan SR864 • then easterly along the southern boundary of lot 382 on plan SR864 to where it meets the left bank of the Mossman River at H.A.T. • then downstream along the left bank of the Mossman River at H.A.T. to the mouth of the river at H.A.T. 254 The north-eastern corner of lot 1 on plan RL1156 meets the south-western corner of lot 4 on plan T4371. 255 The most south-eastern corner of lot 5 on RP711228 is on the left bank of the Mossman River.

s 27 137 s 27 Marine Parks and Other Legislation Amendment and No. 238, 2004 Repeal Regulation (No. 1) 2004 • then south across the mouth of the Mossman River to the north-eastern corner of lot 5 on plan USL8735. ‘15 Parts of Daintree Segment ‘The following areas— (a) the area landward of the 500 m line around Low Islets Reef (reef 16-028); (b) the area within the following boundary— • from where latitude 15º45.870' south intersects the mainland at H.A.T. 256 • then generally southerly, easterly, south-easterly and southerly along the mainland at H.A.T. to where it intersects latitude 15º50.862' south 257 • then east along latitude 15º50.862' south to where it intersects the coastal 500 m line around the mainland • then generally northerly, north-westerly, westerly and northerly along the coastal 500 m line around the mainland to where it intersects latitude 15º45.870' south • then west along latitude 15º45.870' south to where it intersects the mainland at H.A.T.; (c) the area within the following boundary— • from where latitude 16º04.902' south intersects the mainland at H.A.T. 258 • then generally northerly and north-westerly along the mainland at H.A.T. to where it intersects longitude 145º22.788' east 256 Latitude 15º45.870' south intersects the mainland at H.A.T. near Obree Point. 257 The mainland at H.A.T. intersects latitude 15º50.862' south near the northern bank of Fritz Creek. 258 Latitude 16º04.902' south intersects the mainland at H.A.T. just south of Cape Tribulation.

s 27 138 s 27 Marine Parks and Other Legislation Amendment and No. 238, 2004 Repeal Regulation (No. 1) 2004 • then north along longitude 145º22.788' east to where it intersects the coastal 500 m line around the mainland • then generally southerly along the coastal 500 m line around the mainland to the most eastern point where it intersects latitude 16º04.902' south • then west along latitude 16º04.902' south to where it intersects the mainland at H.A.T.; (d) the part of the Daintree River that is south of latitude 16º17.496' south. ‘16 Parts of Starcke Segment ‘The following areas— (a) the area landward of the 500 m line around Decapolis Reef (reef 14-131); (b) the area within the following boundary— • from the most western point of the 500 m line around Pethebridge Islets Reef (reef 14-122b) • then north-westerly along the geodesic that passes through the following points— (i) the most western point of the 500 m line around Pethebridge Islets Reef (reef 14-122b); (ii) the most eastern point of Murdoch Point at low water; to where the geodesic intersects the geodesic that passes through the following points— (iii) latitude 14º18.179' south, longitude 145º39.064' east; (iv) latitude 14º39.906' south, longitude 144º56.565' east • then south-westerly along the geodesic that passes through the following points—

s 27 139 s 27 Marine Parks and Other Legislation Amendment and No. 238, 2004 Repeal Regulation (No. 1) 2004 (i) latitude 14º18.179' south, longitude 145º39.064' east; (ii) latitude 14º39.906' south, longitude 144º56.565' east; to where the geodesic intersects the mainland at low water • then generally south-easterly along the mainland at low water to where it intersects latitude 14º44.196' south • then east along latitude 14º44.196' south to where it intersects the coastal 100 m line around the mainland • then generally south-easterly and easterly along the coastal 100 m line around the mainland to where it intersects the geodesic that passes through the following points— (i) the most northern point on Lookout Point at low water; (ii) the most western point of the 500 m line around Pethebridge Islets Reef (reef 14-112b) • then north-westerly along that geodesic to the most western point of the 500 m line around Pethebridge Islets Reef (reef 14-122b); (c) the area within the following boundary— • from the most eastern point of Lizard Island at high water 259 • then easterly along a geodesic to the most eastern point of Lizard Island at low water • then south-easterly along the geodesic that passes through the following points— (i) the most eastern point of Lizard Island at low water; 259 The most eastern point of Lizard Island is at Lizard Head.

s 27 140 s 27 Marine Parks and Other Legislation Amendment and No. 238, 2004 Repeal Regulation (No. 1) 2004 (ii) latitude 14º41.328' south, longitude 145º28.518' east; to where the geodesic intersects the coastal 500 m line around Lizard Island • then generally south-westerly along the coastal 500 m line around Lizard Island to where it intersects the latitude that passes through the most southern point of South Island at low water 260 • then west along the latitude that passes through the most southern point of South Island at low water to the most southern point of South Island at low water • then north-westerly along a geodesic to the most southern point of South Island at high water • then generally north-easterly, northerly, westerly, south-westerly and southerly along South Island at high water to its most western point • then westerly along a geodesic to the most western point of South Island at low water • then north-westerly along a geodesic to the most southern point of Palfrey Island at low water • then northerly along a geodesic to the most southern point of Palfrey Island at high water • then generally easterly, north-easterly, northerly, north-westerly, westerly and south-westerly along Palfrey Island at high water to its most western point • then westerly along a geodesic to the most western point of Palfrey Island at low water • then northerly along a geodesic to the most western point of Lizard Island at low water 261 260 The most southern point of South Island is at the south-eastern end of the Island. 261 The most western point of Lizard Island is at South Bay Point.

s 27 141 s 27 Marine Parks and Other Legislation Amendment and No. 238, 2004 Repeal Regulation (No. 1) 2004 • then easterly along a geodesic to the most western point of Lizard Island at high water • then generally south-easterly, southerly, easterly, north-easterly, easterly and south-easterly along Lizard Island at high water to its most eastern point; (d) the area within the following boundary— • from the most western point where latitude 14º38.988' south intersects Lizard Island at high water • then generally southerly, south-easterly and south-westerly along Lizard Island at high water to its most western point 262 • then north-westerly along a geodesic to the most western point Lizard Island at low water • then north-westerly along the geodesic that passes through the following points— (i) the most western point Lizard Island at low water; (ii) latitude 14º39.738' south, longitude 145º26.604' east; to where the geodesic intersects the seaward edge of Lizard Island Reef (reef 14-115a) • then generally northerly along the seaward edge of Lizard Island Reef (reef 14-115a) to the most western point where it intersects latitude 14º38.988' south • then east along latitude 14º39.077' south to the most western point where it intersects Lizard Island at high water; (e) the area within the following boundary— • from the most southern point of the 500 m line around Turtle Reef (reef 14-119b) 262 The most western point of Lizard Island is adjacent to Chinamans Ridge.

s 27 142 s 27 Marine Parks and Other Legislation Amendment and No. 238, 2004 Repeal Regulation (No. 1) 2004 • then generally north-westerly, northerly and north-easterly along the 500 m line around Turtle Reef (reef 14-119b) to its most northern point • then north-easterly along a geodesic to the most northern point of the 500 m line around Turtle Reef (reef 14-120e) • then generally south-easterly along the 500 m line around Turtle Reef (reef 14-120e) to its most eastern point • then southerly along a geodesic to the most eastern point of the 500 m line around Turtle Reef (reef 14-120i) • then generally south-westerly along the 500 m line around Turtle Reef (reef 14-120i) to its most southern point • then north-westerly along a geodesic to the most southern point of the 500 m line around Turtle Reef (reef 14-120a) • then north-westerly along a geodesic to the most southern point of the 500 m line around Turtle Reef (reef 14-119b); (f) the area landward of the 500 m line around Eyrie Reef (reef 14-118); (g) the area landward of the coastal 500 m line around Nymph Island; (h) the area landward of the coastal 500 m line around South Direction Island; (i) the area landward of the coastal 500 m line around Rocky Islets; (j) the area landward of the coastal 500 m line around Three Islands; (k) the area within the following boundary—

s 27 143 s 27 Marine Parks and Other Legislation Amendment and No. 238, 2004 Repeal Regulation (No. 1) 2004 • from the most western point of Lizard Island at low water 263 • then west along the latitude that passes through the most western point of Lizard Island at low water to the most western point where the longitude intersects the coastal 500 m line around Lizard Island • then generally southerly, south-easterly, easterly and north-easterly along the coastal 500 m line around Lizard Island to the most eastern point where it intersects the latitude that passes through the most southern point of South Island at low water 264 • then west along the latitude that passes through the most southern point of South Island at low water to the most southern point of South Island at low water • then north-westerly along a geodesic to the most southern point of the South Island at high water • then generally westerly and north-westerly along South Island at high water to its most western point • then westerly along a geodesic to the most western point of South Island at low water • then north-westerly along a geodesic to the most southern point of Palfrey Island at low water • then northerly along a geodesic to the most southern point of Palfrey Island at high water • then generally westerly, north-westerly and northerly along Palfrey Island at high water to its most western point • then westerly along a geodesic to the most western point of Palfrey Island at low water 263 The most western point of Lizard Island is at South Bay Point. 264 The most southern point of South Island is on the south-eastern end of the Island.

s 28 144 s 28 Marine Parks and Other Legislation Amendment and No. 238, 2004 Repeal Regulation (No. 1) 2004 • then northerly along a geodesic to the most western point Lizard Island at low water.’. 28 Amendment of sch 10 (Dictionary) Schedule 10— insert — ‘ 100 m line , for schedule 8A, see schedule 8A, section 1. 500 m line , for schedule 8A, see schedule 8A, section 1. coastal 100 m lin e, for schedule 8A, see schedule 8A, section 1. coastal 500 m line , for schedule 8A, see schedule 8A, section 1. fringing reef , for schedule 8A, see schedule 8A, section 1. H.A.T. , for schedule 8A, see schedule 8A, section 1. highest astronomical tide , for schedule 8A, see schedule 8A, section 1. high water , for schedule 8A, see schedule 8A, section 1. island 500 m line , for schedule 8A, see schedule 8A, section 1. L.A.T. , for schedule 8A, see schedule 8A, section 1. lowest astronomical tide , for schedule 8A, see schedule 8A, section 1. low water , for schedule 8A, see schedule 8A, section 1. median line , for schedule 8A, see schedule 8A, section 1. rock 500 m line , for schedule 8A, see schedule 8A, section 1. Trinity Inlet , for schedule 8A, see schedule 8A, section 1.’.

s 29 145 s 29 Marine Parks and Other Legislation Amendment and No. 238, 2004 Repeal Regulation (No. 1) 2004 Part 6 Repeal provision 29 Repeal of legislation The following legislation is repealed— (a) the instrument made as an order in council under the Act and gazetted on 27 August 1988 at pages 3657 and 3658; (b) the zoning plan for the Mackay/Capricorn Marine Park approved in the instrument made as an order in council under the Act and gazetted on 27 August 1988 at pages 3657 and 3658; (c) the instrument made as an order in council under the Act and gazetted on 3 October 1987 at page 395; (d) the Marine Parks (Townsville/Whitsunday) Zoning Plan 1987 (previously the zoning plan for the Townsville/Whitsunday Marine Park approved in the instrument made as an order in council under the Act and gazetted on 3 October 1987 at page 395); (e) the Marine Parks (Cairns) Order 1992 SL No. 209; (f) the Marine Parks (Cairns Zoning Plan) Order 1992 SL No. 210; (g) the MarineParks(Cairns)ZoningPlan1992 (previously the zoning plan for the Cairns Marine Park approved by the Governor in Council by the Marine Parks (Cairns Zoning Plan) Order 1992 SL No. 210); (h) the Marine Parks (Trinity Inlet/Marlin Coast) Zoning Plan 2001 SL No. 238. ENDNOTES 1 Made by the Governor in Council on 4 November 2004. 2 Notified in the gazette on 5 November 2004. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Environmental Protection Agency.

© State of Queensland 2004