Marine Parks (Moreton Bay) Amendment Zoning Plan (No. 1) 2003 (Qld)

Queensland Subordinate Legislation 2003 No. 377 Marine Parks Act 1982 MARINE PARKS (MORETON BAY) AMENDMENT ZONING PLAN (No. 1) 2003 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Zoning plan amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Amendment of s 33 (Designated areas) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Insertion of new pt 4, div 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Division 9—Grey nurse shark areas Subdivision 1—Purpose 46A Purpose of grey nurse shark area . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Subdivision 2—General entry and use restrictions 46B Entry or use of grey nurse shark area. . . . . . . . . . . . . . . . . . . . . . . . . 4 Subdivision 3—Entry and use restrictions for tourist program operators 46C Information about area restrictions must be given. . . . . . . . . . . . . . . 5 46D Displaying area restrictions sign . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 46E Restriction on number of persons diving . . . . . . . . . . . . . . . . . . . . . . 6 Subdivision 4—Entry and use restrictions for dive clubs 46F Application of sdiv 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 46G Definitions for sdiv 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 46H Information about zone and area restrictions must be given . . . . . . . 7 46I Displaying area restrictions sign . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Subdivision 5—When entry and use prohibited 46J Meaning of “prohibited area notice” . . . . . . . . . . . . . . . . . . . . . . . . . 8

2 Marine Parks (Moreton Bay) Amendment Zoning Plan No. 377, 2003 (No. 1) 2003 46K Making prohibited area notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 46L Requirements for prohibited area notice . . . . . . . . . . . . . . . . . . . . . . 9 46M Duration of prohibited area notice . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 46N Offence to contravene entry and use prohibitions . . . . . . . . . . . . . . . 10 46O Prohibited area notice to prevail . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Subdivision 6—When diving and other activities restricted 46P Meaning of “restricted area notice” . . . . . . . . . . . . . . . . . . . . . . . . . . 10 46Q Making restricted area notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 46R Requirements for restricted area notice . . . . . . . . . . . . . . . . . . . . . . . 11 46S Duration of restricted area notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 46T Offence to contravene entry and use restrictions . . . . . . . . . . . . . . . . 12 46U Relationship between restricted area notice and zoning plan provisions ........................................ 12 5 Amendment of sch 2 (Boundaries of designated areas within marine park). 12 6 Amendment of sch 4 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

s1 3 s4 Marine Parks (Moreton Bay) Amendment Zoning Plan No. 377, 2003 (No. 1) 2003 1 Short title This zoning plan may be cited as the Marine Parks (Moreton Bay) Amendment Zoning Plan (No. 1) 2003 . 2 Zoning plan amended This zoning plan amends the Marine Parks (Moreton Bay) Zoning Plan 1997. 3 Amendment of s 33 (Designated areas) (1) Section 33(1)— insert— ‘(h) grey nurse shark areas.’. (2) Section 33(2), ‘schedule 2. 10 ’— omit, insert— ‘schedule 2. 1 ’. (3) Section 33— insert— ‘ (3) The latitudinal and longitudinal positions used in the schedule are worked out using the system called— (a) for parts 1 to 7—the ‘Australian Geodetic Datum 1984’ or ‘AGD 84’; or (b) for part 8—the ‘World Geodetic System 1984’ or ‘WGS 84’.’. 4 Insertion of new pt 4, div 9 Part 4— insert— 1 A copy of the plans showing the approximate location of each designated area may be inspected, free of charge, at the department’s office at 160 Ann Street, Brisbane.

s4 4 s4 Marine Parks (Moreton Bay) Amendment Zoning Plan No. 377, 2003 (No. 1) 2003 ‘Division 9—Grey nurse shark areas ‘Subdivision 1—Purpose ‘46A Purpose of grey nurse shark area ‘The purpose of a grey nurse shark area is— (a) to protect grey nurse shark populations; and (b) to protect the habitat of grey nurse sharks; and (c) to minimise harm or distress caused directly or indirectly to grey nurse sharks by diving and other activities. ‘Subdivision 2—General entry and use restrictions ‘46B Entry or use of grey nurse shark area ‘ (1) A person must not dive between 6 p.m. and 6 a.m. in a grey nurse shark area, unless the person has a reasonable excuse. Maximum penalty—10 penalty units. ‘ (2) A person must not do any of the following in a grey nurse shark area— (a) touch or feed a grey nurse shark; (b) entrap, or attempt to entrap, a grey nurse shark; (c) block a cave entrance or gutter; (d) use mechanical or electro–acoustic apparatus in the water. Maximum penalty—100 penalty units. ‘ (3) A person must not interfere with a grey nurse shark’s natural behaviour in a grey nurse shark area. Examples — • chasing or harassing a grey nurse shark • interrupting a grey nurse shark’s swimming pattern Maximum penalty—100 penalty units.

s4 5 s4 Marine Parks (Moreton Bay) Amendment Zoning Plan No. 377, 2003 (No. 1) 2003 ‘ (4) If a person is diving in a grey nurse shark area as part of a group of divers, the person commits an offence if the person is 1 of more than 10 divers from the group who are in the water at the same time. Maximum penalty—10 penalty units. ‘ (5) However, subsection (4) does not apply to a person participating in a tourist program if the person is diving in accordance with the instructions of the operator of the tourist program. ‘ (6) In this section— “mechanical or electro–acoustic apparatus” — (a) includes a scooter, horn and shark repelling device; but (b) does not include the following— (i) equipment commonly used for diving; Examples — • scuba • equipment required for diving under the Workplace Health and Safety Act 1995 (ii) equipment required for emergency defence operations. Example — mine detection equipment ‘Subdivision 3—Entry and use restrictions for tourist program operators ‘46C Information about area restrictions must be given ‘ (1) This section applies to a person who operates a tourist program in a grey nurse shark area (an “operator” ) if a purpose of the tourist program is diving. ‘ (2) The operator must ensure that, before a person who is participating in the tourist program enters the water in a grey nurse shark area, the person is given information about the restrictions under this division on entering or using the grey nurse shark area (the “area restrictions” ). Maximum penalty—10 penalty units.

s4 6 s4 Marine Parks (Moreton Bay) Amendment Zoning Plan No. 377, 2003 (No. 1) 2003 ‘46D Displaying area restrictions sign ‘ (1) An operator must display a sign stating the area restrictions and complying with the requirements mentioned in subsections (2) and (3) for the sign— (a) in each place, under the control or management of the operator, where diving activities in the grey nurse shark area are organised or promoted; and (b) on each boat used by the operator to carry divers in the area. Maximum penalty—10 penalty units. ‘ (2) The sign must— (a) be clearly visible to a person entering the place or boat; and (b) be at least 297 mm x 210 mm in size; and (c) be made of durable and weatherproof material. ‘ (3) The lettering on the sign must be— (a) at least 3 mm in height and in a bold style; and (b) durable, legible and clearly visible. ‘46E Restriction on number of persons diving ‘ (1) An operator must ensure that in a grey nurse shark area— (a) no more than 12 persons in a group of divers participating in the program are in the water at the same time in the area; and (b) if there are more than 10 persons in the group in the water, each additional person in the water is acting for the operator of the program as a dive instructor or guide for the group. Maximum penalty—20 penalty units. ‘ (2) Subsection (1) does not apply for the tourist program if the operator has the written authority of the chief executive stating that more than 10 persons in a group of divers participating in the operator’s tourist program may be in the water in a grey nurse shark area at the same time.

s4 7 s4 Marine Parks (Moreton Bay) Amendment Zoning Plan No. 377, 2003 (No. 1) 2003 ‘ (3) The chief executive may give an authority mentioned in subsection (2) only if the chief executive is satisfied the proposed entry or use of the area under the program is consistent with the purpose of the area mentioned in section 46A. 2 ‘Subdivision 4—Entry and use restrictions for dive clubs ‘46F Application of sdiv 4 ‘This subdivision applies to a dive club conducting diving activities for its members in a grey nurse shark area. ‘46G Definitions for sdiv 4 ‘In this subdivision— “dive club” means an entity that in any way facilitates, organises or coordinates diving activities for its members. “relevant person” , for a dive club that is not an incorporated entity and that is conducting diving activities, means a person who takes part in directing the diving activities. ‘46H Information about zone and area restrictions must be given ‘The dive club or, if the dive club is not an incorporated entity, each relevant person for the dive club, must, before a member, guest or visitor of the club enters the water in the area as part of the club’s diving activities in the area, ensure that the member, guest or visitor is given information about— (a) the restrictions for the zone; and (b) the area restrictions. Maximum penalty—10 penalty units. 2 Section 46A (Purpose of grey nurse shark area)

s4 8 s4 Marine Parks (Moreton Bay) Amendment Zoning Plan No. 377, 2003 (No. 1) 2003 ‘46I Displaying area restrictions sign ‘ (1) The dive club or, if the dive club is not an incorporated entity, each relevant person for the dive club, must ensure a sign stating the area restrictions and complying with the requirements mentioned in subsections (2) and (3) for the sign is displayed— (a) in each place, under the control or management of the dive club or the relevant person, where diving activities in the grey nurse shark area are organised or promoted; and (b) on each boat used by the dive club to carry the dive club’s members, guests or visitors for diving activities in the area. Maximum penalty—10 penalty units. ‘ (2) The sign must— (a) be clearly visible to a person entering the place or boat; and (b) be at least 297 mm x 210 mm in size; and (c) be made of durable and weatherproof material. ‘ (3) The lettering on the sign must be— (a) at least 3 mm in height and in a bold style; and (b) durable, legible and clearly visible. ‘Subdivision 5—When entry and use prohibited ‘46J Meaning of “prohibited area notice” ‘A “prohibited area notice” is a notice made by the chief executive that— (a) prohibits entry to a stated grey nurse shark area, or a stated part of a stated grey nurse shark area; or (b) prohibits entry to the water in a stated grey nurse shark area, or a stated part of a stated grey nurse shark area.

s4 9 s4 Marine Parks (Moreton Bay) Amendment Zoning Plan No. 377, 2003 (No. 1) 2003 ‘46K Making prohibited area notice ‘ (1) The chief executive may make a prohibited area notice only if the chief executive is satisfied urgent action is needed to meet a significant threat to a grey nurse shark population. ‘ (2) Without limiting subsection (1), the chief executive may be satisfied urgent action is needed to meet a significant threat to a grey nurse shark population if female grey nurse sharks in the area have recently given, or are about to give, birth. ‘46L Requirements for prohibited area notice ‘ (1) A prohibited area notice must state each of the following— (a) the prohibition that applies under the notice; (b) the location and boundaries of the prohibited area under the notice; (c) where a map showing the boundaries of the prohibited area is available for public inspection; (d) the period for which the notice has effect. ‘ (2) The chief executive must publish the prohibited area notice in the gazette and may publish it in other ways the chief executive considers appropriate. 3 ‘46M Duration of prohibited area notice ‘ (1) A prohibited area notice has effect from its first publication in the gazette and continues in force until whichever of the following first happens— (a) the period stated in it ends; (b) it is repealed by a provision of this zoning plan. ‘ (2) The stated period must be not more than 90 days. 3 A copy of the prohibited area declaration may be inspected, free of charge, at the department’s office at 160 Ann Street, Brisbane or at the department’s district office at 127 Russell Street, Cleveland. The notice will be made available on-line at the department’s website at s 4 10 s 4 Marine Parks (Moreton Bay) Amendment Zoning Plan No. 377, 2003 (No. 1) 2003 ‘ (3) The chief executive may, by a further notice published in the gazette, extend the prohibited area notice for not more than 90 days. ‘46N Offence to contravene entry and use prohibitions ‘A person must not, unless the person has a reasonable excuse— (a) if a prohibited area notice prohibits entry to a prohibited area—enter the area; or (b) if a prohibited area notice prohibits entry to the water in a prohibited area—enter the water in the area. Maximum penalty—100 penalty units. ‘46O Prohibited area notice to prevail ‘If a prohibited area notice prohibits entry to, or entry to the water in, a prohibited area, and a provision, other than section 62, 4 of this zoning plan or a restricted area notice otherwise allows entry to, or entry to the water in, the area, the prohibited area notice prevails to the extent of any inconsistency. ‘Subdivision 6—When diving and other activities restricted ‘46P Meaning of “restricted area notice” ‘A “restricted area notice” is a notice made by the chief executive that restricts diving or other activities for a stated grey nurse shark area, or a stated part of a stated grey nurse shark area. ‘46Q Making restricted area notice ‘The chief executive may make a restricted area notice only if the chief executive is satisfied restrictions on diving or other activities are needed to protect a grey nurse shark population. 4 Section 62 (Access in special circumstances)

s 4 11 s 4 Marine Parks (Moreton Bay) Amendment Zoning Plan No. 377, 2003 (No. 1) 2003 ‘46R Requirements for restricted area notice ‘ (1) A restricted area notice must state each of the following— (a) the restrictions that apply under the notice; Examples — • limiting the number of divers, or groups of divers, that may enter or use the restricted area • requiring divers to make a booking to enter the restricted area • setting limits on the minimum distance between groups of divers in the restricted area • setting limits on the minimum distance between a diver and a grey nurse shark in the restricted area (b) the location and boundaries of the restricted area under the notice; (c) where a map showing the boundaries of the restricted area is available for public inspection; (d) the period for which the notice has effect. ‘ (2) The chief executive must publish the restricted area notice in the gazette and may publish it in other ways the chief executive considers appropriate. 5 ‘46S Duration of restricted area notice ‘ (1) A restricted area notice has effect from its first publication in the gazette and continues in force until whichever of the following first happens— (a) the period stated in it ends; (b) it is repealed by a provision of this zoning plan. ‘ (2) The stated period must be not more than 6 months. ‘ (3) The chief executive may, by a further notice published in the gazette, extend the restricted area notice for not more than 90 days. 5 A copy of the restricted area declaration may be inspected, free of charge, at the department’s office at 160 Ann Street, Brisbane or at the department’s district office at 127 Russell Street, Cleveland. The notice will be made available on-line at the department’s website at s 5 12 s 5 Marine Parks (Moreton Bay) Amendment Zoning Plan No. 377, 2003 (No. 1) 2003 ‘46T Offence to contravene entry and use restrictions ‘A person must not, unless the person has a reasonable excuse, act in a way that is inconsistent with a restriction or a requirement included in a restricted area notice. Maximum penalty—100 penalty units. ‘46U Relationship between restricted area notice and zoning plan provisions ‘If a restricted area notice restricts diving or other activities in a restricted area, and a provision, other than section 62, 6 of this zoning plan otherwise allows diving or other activities, the restricted area notice prevails to the extent of any inconsistency.’. 5 Amendment of sch 2 (Boundaries of designated areas within marine park) Schedule 2— insert— ‘PART 8—GREY NURSE SHARK AREAS ‘22 Cherub’s Cave grey nurse shark area ‘Consists of the area enclosed within a 1.2 km radius of the point 27º07.67' south, 153º28.67' east. ‘23 Flat Rock grey nurse shark area ‘Consists of the area enclosed within a 1.2 km radius of the point 27º23.41' south, 153º33.07' east. ‘24 Henderson Rock grey nurse shark area ‘Consists of the area enclosed within a 1.2 km radius of the point 27º07.92' south, 153º28.71' east.’. 6 Section 62 (Access in special circumstances)

s 6 13 s 6 Marine Parks (Moreton Bay) Amendment Zoning Plan No. 377, 2003 (No. 1) 2003 6 Amendment of sch 4 (Dictionary) Schedule 4— insert— ‘ “area restrictions” , for part 4, division 9, see section 46C(2). “dive club” , for part 4, division 9, subdivision 4, see section 46G. “dive instructor” means a person who holds a current qualification from a recreational scuba training organisation, designed to qualify the person as a scuba instructor. “group” , of divers, means a number of persons associated in any way through their diving activities. Examples — • persons who are members of the same dive club • persons diving from the same boat • persons who are clients of the same tourist program operator “operator” , for part 4, division 9, subdivision 3, see section 46C(1). “prohibited area” , for part 4, division 9, subdivision 5, means a stated grey nurse shark area, or a stated part of a stated grey nurse shark area, the subject of a prohibited area notice. “prohibited area notice” , for part 4, division 9, subdivision 5, see section 46J. “relevant person” , for part 4, division 9, subdivision 4, see section 46G. “restricted area” , for part 4, division 9, subdivision 6, means a stated grey nurse shark area, or a stated part of a stated grey nurse shark area, the subject of a restricted area notice. “restricted area notice” , for part 4, division 9, subdivision 6, see section 46P. “scuba” means self-contained underwater breathing apparatus.’.

14 Marine Parks (Moreton Bay) Amendment Zoning Plan No. 377, 2003 (No. 1) 2003 ENDNOTES 1. Made by the chief executive on 10 December 2003. 2. Approved by the Governor in Council on 18 December 2003. 3. Notified in the gazette on 19 December 2003. 4. Laid before the Legislative Assembly on . . . 5. The administering agency is the Environmental Protection Agency. © State of Queensland 2003